Written Answers Nos. 1298-1315
1298. Deputy Thomas Pringle asked the Minister for Justice the funds that have been allocated by her Department to the Irish Prison Service from 2012 to present for inmates in the Midlands Prison who have Crohn's disease, diabetes, colitis or other illnesses heavily dependent on special dietary needs; and if she will make a statement on the matter. [29367/22]
Amharc ar fhreagra1299. Deputy Thomas Pringle asked the Minister for Justice the average waiting time for an inmate in the Midlands Prison with special dietary needs to attend a dietician from date of a prison referral to the date of attendance; and if she will make a statement on the matter. [29368/22]
Amharc ar fhreagraI propose to take Questions Nos. 1298 and 1299 together.
I am advised that the Irish Prison Service provides a primary health care service for prisoners at all sites across the prison estate and that prisoners are eligible for specialist referral if required. The Prison Service aims to provide prisoners with access to the same scope and quality of health services available under the General Medical Card scheme in the wider community.
I am advised that the specific information on the average waiting time for an inmate in the Midlands Prison with special dietary needs to attend a dietician from date of a prison referral to the date of attendance is not recorded centrally. Extracting this information from the Prisoner Healthcare Management System would require a manual examination of individual prisoner records which would take an inordinate amount of time and staff resources.
If a prisoner is referred by the health care team in the Midlands Prison to the Health Services Executive for a dietetic review, the process is then managed by the Executive. The average waiting time to attend a consultation with a dietician would be equivalent to patients with similar needs in the wider community.
The Prison Service caters daily to the nutritional needs of approximately 4,000 prisoners in it's custody. Under the Prisons Vote, funding is provided on a broad basis to meets the costs of catering for prisoners in all prisons and with a range of dietary requirements. Within the Service, provision is made for annual catering budgets for each prison to cater for all diets. Prisons are transitory in nature and dietary requirements will vary on a weekly and/or daily basis. The Prison Service Catering Service provides a nutritionally balanced, varied diet to all prisoners through the 28 day menu which also caters for vegetarian and special diets. The menu is kept under active review and is designed to deliver 2,500 calories for men and 2000 calories for women, in line with FSAI guidelines.
1300. Deputy Patrick Costello asked the Minister for Justice , further to Parliamentary Question No. 560 of 31 May, the level of vaccination that is required for critical mass at Cloverhill Prison; the current level of vaccination; and the procedures that are in place for prisoners who are vaccinated and wish to enjoy the re-instated rights and visitations as is in other prisons in the State to transfer to those prisons. [29406/22]
Amharc ar fhreagraI can advise the Deputy that the restoration of prison regimes, including the restoration of physical visits, was implemented in July of 2021 in line with the vaccination status of the general prison population. As such, the restoration of physical visits to Cloverhill Prison was deferred at the time given the low vaccination acceptance in the prison which was significantly less than other prisons across the estate.
I can advise that physical visits recommenced at Cloverhill Prison in September, 2021, and all prisoners, with the exception of those in quarantine or isolation for Covid-19 reasons, have access to physical visits.
The Irish Prison Service has recently updated its quarantine procedures for new committals and as a result, new committals are now tested on the day of arrival and if a negative test result is returned they can enter general population on day four.
The Prison Service worked in partnership with the National Ambulance Service and the Health Service Executive since Covid-19 vaccinations became available to administer, as swiftly as possible, vaccinations to all those eligible and who consented to be vaccinated.
Whilst the idea has been to strive for maximum uptake of the vaccine, the reality in Cloverhill Prison is that the uptake was significantly less than in most other Prison Service locations. All prisoners arriving at Cloverhill, are canvassed for their vaccination status and arrangements are put in place to facilitate their vaccination schedule at the earliest opportunity. Currently the Prison Service accommodates first, second and both booster doses of the vaccine as clinically indicated and the Service works in conjunction with the HSE to ensure that the individual’s vaccine status is co-ordinated from both a pre and post custody perspective.
1301. Deputy Brendan Griffin asked the Minister for Justice her views on a matter (details supplied) related to rights of way ; and if she will make a statement on the matter. [29432/22]
Amharc ar fhreagraIn terms of the current position on the registration of prescriptive easements (including prescriptive rights of way), the Deputy may be aware that the Land and Conveyancing Law Reform Act 2021 was enacted and came into operation on 30 November 2021.
The 2021 Act repeals a number of changes to the law on prescriptive easements under the Land and Conveyancing Law Reform Act 2009, which were due to come into effect on 1 December 2021.
Following the 2021 Act, a person who claims to be entitled to a prescriptive right of way can still apply after that date to register it with the Property Registration Authority of Ireland (PRAI). However, there is now no obligation to do so.
The effect of the 2021 Act is that the applicant does not lose the benefit of periods of long use that were acquired before or during the period 2009 to 2021, where no application had been made before the previous deadline of 1 December 2021.
As well as repealing the changes that were due to take effect on 1 December, the 2021 Act also provides that applications to register a prescriptive right that were already pending on 30 November 2021 will continue to be decided as they were before that date.
Both the changes due to come into effect on 1 December 2021, and the 2021 Act, relate only to prescriptive easements (and prescriptive profits à prendre); therefore, they do not affect public rights of way, or rights that are set out in written title deeds.
Any queries on the registration process can be directed to the PRAI, which is under the remit of the Minister for Housing, Local Government and Heritage.
The PRAI have issued on their website an updated Practice Direction on the registration of easements acquired by prescription, in light of the Land and Conveyancing Law Reform Act 2021.
Please see the link for further information - www.prai.ie/registration-of-easements-and-profits-a-prendre-acquired-by-prescription-under-section-49a/
1302. Deputy Carol Nolan asked the Minister for Justice the number of illegal immigrants who have been detected in transport vehicles such as haulier's trucks at Irish harbours from 2018 to date; and if she will make a statement on the matter. [29442/22]
Amharc ar fhreagraAs the Deputy will be aware, the Border Management Unit of my Department is responsible for frontline immigration duties at Dublin Airport only. All other ports of entry are the responsibility of the Garda National Immigration Bureau (GNIB).
I have sought the information requested from the Garda Commissioner and I will write to the Deputy directly once the information is to hand.
|
Year |
2019 |
2020 |
2021 |
2022 |
|
Count |
21 |
* |
38 |
19 |
1303. Deputy Emer Higgins asked the Minister for Justice the number of scramblers and quad bikes seized by An Garda Síochána in 2021 and to date in 2022, in tabular form; the local authorities in which these vehicles have been seized; and if she will make a statement on the matter. [29450/22]
Amharc ar fhreagraI have sought the information requested by the Deputy from the Garda authorities and, unfortunately, this was not available in time. I will write to the Deputy once the information is to hand.
|
Dublin Region |
149 |
|
Eastern Region |
41 |
|
North Western Region |
30 |
|
Southern Region |
69 |
1304. Deputy Claire Kerrane asked the Minister for Justice the processes that are in place to ensure the timely processing or issuing of probate applications; and if she will make a statement on the matter. [29483/22]
Amharc ar fhreagra1368. Deputy Eoin Ó Broin asked the Minister for Justice if there is a reason for the current delays in processing and granting applications of probate at the Dublin Probate Office (details supplied); and if any steps can be taken to expedite the process. [30777/22]
Amharc ar fhreagraI propose to take Questions Nos. 1304 and 1368 together.
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: oireachtasenquiries@courts.ie.
Probate is an operational matter for the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.
1305. Deputy Catherine Connolly asked the Minister for Justice her views on an inter-country prisoner transfer request by an Irish person (details supplied); the reason for the delays in the request being activated; and if she will make a statement on the matter. [29523/22]
Amharc ar fhreagraI am advised by my officials in the Irish Prison Service that this application is under active consideration. While the Irish Prison Service is cognisant of the fact that this prisoner has a relatively short period of time left to serve in the transferring state, there remain necessary steps to be followed, and information to be obtained, before the application can be processed further.
1306. Deputy Neasa Hourigan asked the Minister for Justice if she will review the decision to refuse an extension of a visitor visa to a person (details supplied) on compassionate grounds; and if she will outline the further requirements that must be met to achieve a positive decision. [29533/22]
Amharc ar fhreagraThe person referred to by the Deputy entered the State on 16 March 2022 on a Short Stay C-visa and was granted a 90 day permission by the Immigration Officer at their port of entry. They applied for and entered the State in order to care for their ill parent.
Any non-EEA national who comes to the State as a visitor is expected to leave Ireland before the expiry of their visitor permission. In this instance, an Extension of Visitor Conditions (EVIC) application would only be granted where the circumstances have changed from the time they were granted the original visa. This was outlined to the person concerned in their refusal letter dated 30 May 2022.
It remains open to the person concerned to return to the State at any time with the appropriate Long-Stay D-visa if they wish to care for their parent on a long term basis.
As the person concerned has had their EVIC application refused they are required to produce documentary evidence of their departure from the State. This may be emailed to evicsresidencedivision@justice.ie. Failure to provide evidence of this departure may adversely affect any future visa applications.
The eligibility criteria for an Extension of Visitor Conditions (EVIC) application is available on my Department's immigration website at: www.irishimmigration.ie/extension-of-visitor-permission/.
1307. Deputy Pat Buckley asked the Minister for Justice the number of members of An Garda Síochána who bought their last six months of service to avail of a full pension after 30 years' service; and if she will make a statement on the matter. [29560/22]
Amharc ar fhreagraAs the Deputy may be aware, the scheme in question applies to serving members of An Garda Síochána who joined between 1989 and 2013 and whose training included on-the-job, known as 'Phase II', training prior to attestation.
Provisions for eligible serving members to ‘buy back’ 6 months of service for this training, which members carried out in assigned Garda stations, was agreed with effect from 12 April 2019.
I am informed by the Garda Authorities that, to date, 541 Garda members have availed of the option to purchase six months’ service.
1308. Deputy Pat Buckley asked the Minister for Justice the level of training that is provided to members of An Garda Síochána to facilitate engagement with members of the disabled community, especially those with invisible disabilities such as autism, attention deficit hyperactivity disorder or ADHD, and acquired brain injury; and if she will make a statement on the matter. [29561/22]
Amharc ar fhreagraAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including Garda training matters. As Minister, I have no role in this regards.
I am assured by the Garda authorities that An Garda Síochána are acutely aware of the importance of respecting neurodiversity and of the training needs which Gardaí require in order to provide an appropriate service to autistic people, people with ADHD, with acquired brain injury and any other condition which may not be immediately apparent. An Garda Síochána strives to provide an comprehensive and inclusive policing service, focused on community policing, and in their engagement with members of the public, all Gardaí are alert to the need to recognise potential neurodiversity and respond respectfully and appropriately.
I am informed by the Garda authorities that as part of An Garda Síochána's e-learning Human Rights module, there are 5 sessions available to undertake on the Garda Learning Management System (LMS). These 5 sessions include:
- Session 1: Unconscious Bias
- Session 2: Autism Spectrum Disorder
- Session 3: Hidden Disability - Neuro Diversity Deep Dive & ADHD
- Session 4: Mental Health Awareness and
- Session 5: Suicide Prevention & Intervention.
The Deputy will also be aware that all Garda trainees complete the BA in Applied Policing programme. The programme's Community Centred Policing module aims to equip the students with the personal and professional expertise to proactively police Ireland's diverse community.
I am advised that the programme is delivered in a blended learning approach using Problem Based Learning (PBL). I am also advised that the content in the programme is designed to replicate real life Garda Investigations and covers the following themes:
1. Community Centred Policing
2. Roads Policing
3. Investigative Policing
4. Officer and Public Safety and
5. Professional Competence.
I understand that there are modules covering a range of relevant general skills including communication and the use of the Garda Decision Making Model.
I also understand that as part of Phase 1 of the Community Centred Policing Module, there is an emphasis on an understanding of theoretical issues relating to a broad range of communities and vulnerable persons, and the application of strategies to support the delivery of a community policing service.
Phase 1 of the Community Centred Policing Module also builds on skills to allow a deeper engagement and interaction between Gardaí and community members. This understanding allows for Trainee Gardaí to recognise not only those at risk but all sectors of the community that may benefit from Garda presence, involvement and support.
Regarding autism awareness specifically, I am informed that AsIAm, Ireland's National Autism Charity Group, has delivered a presentation to approximately 200 students. AsIAm also delivered training workshops on how individuals can support the Autistic community by making their organisations, clubs, communities and educational institutes, autism friendly. I am informed that the feedback was very positive from the sessions and pleased to note that An Garda Síochána have contacted AsIAm with a view to using an e-learning module on these matters for Trainee Gardaí into the future.
1309. Deputy Pat Buckley asked the Minister for Justice the level of knowledge within An Garda Síochána of initiatives such as the Just A Minute card or JAM card, and the Sunflower Lanyard, to assist them to identify that the person with whom they are interacting with requires reasonable accommodations to protect the individual rights; and if she will make a statement on the matter. [29562/22]
Amharc ar fhreagraAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including Garda training matters. As Minister, I have no role in this regard.
I am informed that An Garda Síochána are supportive of any initiatives which will support persons with disabilities in their engagement with An Garda Síochána or other public services, including the JAM Card and Sunflower Lanyard. I am further informed that work is ongoing to liaise with the sponsors of both initiatives to create further organisational awareness of same through internal communications and An Garda Síochána's Community Policing Toolkit.
1310. Deputy Pat Buckley asked the Minister for Justice the provisions that exist to provide appropriate adults to assist people with disabilities if they are arrested by a member of An Garda Síochána; and if she will make a statement on the matter. [29563/22]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the management and administration of Garda business under the Garda Síochána Act 2005 (as amended). This includes the recruitment and training of all Garda members and staff.
As the Deputy will be aware, there are several legislative measures to protect the rights of people with disabilities. For example, the Equal Status Acts 2000 to 2015 prohibit discrimination, harassment, and sexual harassment in access to services. These Acts require An Garda Síochána to take reasonable accommodation steps for people with disabilities, particularly in circumstances where they may require specialist or specific facilities, arrangements, services or assistance.
The Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987, make provision for a series of procedural safeguards with respect to the treatment in custody and questioning of children and otherwise vulnerable detainees. The scope of the Treatment of Persons in Custody Regulations in 1987 was focused on the creation and maintenance of the custody record. The regulations provide that a parent, guardian, spouse, relative or other responsible person can be contacted, where appropriate, when a person with a disability (as referred to in the Regulations) is arrested.
In order to safeguard the rights of adult detainees who the member in charge suspects or knows to have an invisible disability, Regulation 22(2) expressly provides that where the member in charge arranges for the presence of “some other responsible adult other than a member”, the responsible adult should, where practicable, be a person who has appropriate experience.
I am advised that the Garda Human Rights Section conducted a review of An Garda Síochána's Custody Record Risk Assessment Form to evaluate its effectiveness. The recommendations made following this review have been considered in line with the obligations of Ireland pursuant to Article 13 of the Convention on the Rights of Persons with Disabilities (CRPD), to furnish persons with a disability with effective access to justice on an equal basis with others, and to provide them with appropriate special facilities where necessary to allow them to realise this right.
An Garda Síochána is currently in the process of compiling a revised Risk and Vulnerability Assessment to further their commitment to safeguarding the rights and needs of any person who is vulnerable or has a disability. This will ensure a consistent approach to the provision of supports and services for vulnerable people interacting with An Garda Síochána, protecting their Human Rights.
1311. Deputy Pat Buckley asked the Minister for Justice if she will report to the Houses of the Oireachtas the number of persons under the age of 18 years in 2019, 2020, 2021 and this year to date who informed the arresting member of An Garda Síochána and-or the member-in-charge of the Garda station that they were transported to, that they had ADHD or that they were a vulnerable person, were strip searched without the presence of an appropriate adult; and if she will make a statement on the matter. [29568/22]
Amharc ar fhreagra1312. Deputy Pat Buckley asked the Minister for Justice if she will report to the Houses of the Oireachtas the number of persons under the age of 18 years in 2019, 2020, 2021 and this year to date who informed the arresting member of An Garda Síochána and-or the member-in-charge of the Garda station that they were transported to, that they had ADHD or were a vulnerable person, were strip searched in the presence of an appropriate adult, and can the breakdown of the information be provided per Garda division; and if she will make a statement on the matter. [29569/22]
Amharc ar fhreagra1313. Deputy Pat Buckley asked the Minister for Justice if she will report to the Houses of the Oireachtas the number of persons under the age of 18 years in 2019, 2020, 2021 and this year to date who informed the arresting member of An Garda Síochána and-or the member-in-charge of the Garda station that they were transported to, that they had ADHD or were a vulnerable person, were assaulted while in the custody of An Garda Síochána, by Garda division; and if she will make a statement on the matter. [29570/22]
Amharc ar fhreagraI propose to take Questions Nos. 1311 to 1313, inclusive, together.
As the Deputy will be aware there are a series of procedural safeguards in place with regard to the treatment in custody and questioning of children under the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987, and the Children Act, 2001.
Any breaches of these provisions would be a very serious matter and if the Deputy is aware of any individuals who have been subject to such breaches, I would strongly encourage them to contact either the Garda Commissioner or the Garda Síochána Ombudsman Commission.
As the Deputy will be aware, the Garda Commissioner is responsible by law for the management and administration of An Garda Síochána, including operational policing matters. As Minister, I have no role in these matters.
I am informed by the Garda authorities that an extensive search was conducted for relevant keywords across both Prisoner Logs and associated Person Records created since 1 January 2019, however no relevant matches relevant to the Deputy’s query were returned.
However, should the Deputy be aware of any such breaches of the provisions which are in place, I would once again encourage those involved to make contact with appropriate authorities.
1314. Deputy Patrick Costello asked the Minister for Justice when the Irish Prison Service staff code of ethics, which was introduced in December 2021, will be released to the public.; and if she will make a statement on the matter. [29612/22]
Amharc ar fhreagraI have been advised by my officials in the Irish Prison Service that the Irish Prison Service Code of Ethics is available on the Irish Prison Service Website (www.irishprisons.ie) in the publications section.
The Code sets out the values and behaviours expected of and demonstrated by prison staff across the Service on a daily basis. The Code is grounded on the Prison Service core values namely:
- Teamwork;
- Integrity;
- Unlocking potential;
- Safety, and
- Support.
It sets out clear guidance for staff on how they should work together, with prisoners and their families, and with other stakeholders to create a healthy and professional prison environment.
The Code applies to all Prison Service staff, who are also subject to the provisions set out in the Civil Service Code of Standards and Behaviour.
In addition, doctors, psychologists and healthcare staff employed by the Irish Prison Service are governed by both this Code and their own professional Codes of Ethics which must be read and reconciled in the context of any situation in which they are confronted.
All service providers or volunteers working in or visiting our prisons are also expected to abide by the Code.
1315. Deputy Bernard J. Durkan asked the Minister for Justice further to Parliamentary Question No. 563 of 24 May 2022, the total number of unresolved cases pending in respect of missing persons and unlawful deaths and if she will make a statement on the matter. [29622/22]
Amharc ar fhreagraAt the outset, I would like to acknowledge the pain and trauma experienced by all families of missing persons. I am deeply conscious of how difficult life is for loved ones who simply don't know what has happened to their relative. My Department is committed to working with all relevant state bodies to help more families find their missing relatives.
As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005, as amended, the Garda Commissioner is responsible for the management and administration of An Garda Síochána.
I am informed by the Garda Authorities that as of 3 June 2022, there are currently 831 persons reported as missing and recorded as such on PULSE, which is a ‘live’ database and therefore is operational and subject to change.
A missing person investigation commences when the incident is reported to An Garda Síochána and is constantly reviewed at Superintendent level in the relevant Garda district at specific junctures within the investigation to ensure that all actions appropriate to the investigation are being pursued and that the appropriate resources have been assigned to the investigation.
It should be noted that all missing person investigations remain open until the missing person is located.
