Tuesday, 28 Jun 2022

Written Answers Nos. 713-732

State Bodies

Ceisteanna (713)

Martin Kenny

Ceist:

713. Deputy Martin Kenny asked the Minister for Justice the estimated cost of administrative support to reinvest Criminal Assets Bureau proceeds into communities. [34055/22]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware, Budget 2022 provides for the establishment of the new Community Safety Innovation Fund. It is intended that this fund will support investment in projects which will improve community safety.

This fund will reflect the success of the Criminal Assets Bureau and other agencies by using money seized from the proceeds of crime to support investment in community safety projects. The fund, which is expected to grow in the coming years, will have an initial outlay of €2m.

I can inform the Deputy that the administration of the Community Safety Innovation Fund is carried out by existing staff in my Department at no additional cost to the Exchequer. 

Departmental Staff

Ceisteanna (714)

Martin Kenny

Ceist:

714. Deputy Martin Kenny asked the Minister for Justice the estimated cost of hiring an additional 30 staff at clerical officer level in her Department. [34059/22]

Freagraí scríofa

Minister for Justice

The estimated cost of hiring an additional 30 staff at Clerical Officer level in my Department is €1,086,189.91.

This is based on an annual cost of €36,206.33 per employee, which includes the Department's PRSI contribution of 11.05% per annum in line with PRSI rates published on GOV.ie at  www.gov.ie/en/publication/ffa563-prsi-class-a-rates/.

The Deputy may wish to note that the estimated cost is calculated based on the mid-point of a Clerical Officer Standard PPC scale. 

Departmental Staff

Ceisteanna (715)

Martin Kenny

Ceist:

715. Deputy Martin Kenny asked the Minister for Justice the estimated cost of establishing a homicide review board within her Department. [34060/22]

Freagraí scríofa

Minister for Justice

I understand that the report of the independent study on Familicide and Domestic Homicide Review will be finalised in the coming weeks. 

Once the review is finalised, its recommendations will be considered carefully with a view to their implementation where appropriate.  This consideration would include the costing of any new structures considered necessary.

Departmental Data

Ceisteanna (716)

Martin Kenny

Ceist:

716. Deputy Martin Kenny asked the Minister for Justice the estimated cost of funding for one youth diversion programme per year, including capital costs in tabular form. [34064/22]

Freagraí scríofa

Minister of State at the Department of Justice

The Youth Diversion Projects (YDPs) are community based projects that offer vital support to the statutory Garda Youth Diversion Programme. There are currently 105 YDPs across the State. The Projects are funded through my Department; however as the Deputy may appreciate, the funding needs of individual YDPs differ based on a range of criteria, such as the geographical area in which the Project operates, the number of referrals to the YDP and the number of the 'hard to reach' cohort of these referrals, amongst others. 

My Department offers funding appropriate to the needs of each YDP and as determined by standard budgetary processes. Funding fluctuates based upon the YDPs' determination of their needs against the available budget for Youth Justice services annually. Therefore it is not possible to provide the estimated cost for funding one YDP for a year.

To be of assistance, however, the average amount of funding allocated to YDPs in 2021 was €174,000 . This includes all funding provided by the Department. 

Budget 2022 provides an additional €6.7 million in funding for Youth Justice services. I announced on 22 June that over 50 YDPs will benefit from this additional funding to:

- extend the boundaries of some YDPs to increase coverage, as provided for in the Youth Justice Strategy;

- increase funding to engage with the harder to reach cohort of referrals;

- provide additional early intervention supports;

- provide family supports to the relatives of those young people engaged with the YDPs;

- further develop the Solas initiative in Dublin.

Of this €6.7million, approximately €780,000 has been set aside to establish a limited number of additional YDPs this year to ensure that the service is available to every child or young person in the State who would benefit from it.

Departmental Data

Ceisteanna (717)

Martin Kenny

Ceist:

717. Deputy Martin Kenny asked the Minister for Justice the estimated cost of hiring an additional 100 staff to the probation service. [34065/22]

Freagraí scríofa

Minister for Justice

The below table sets out the information requested by the Deputy, in the format requested by the Deputy, namely an estimated cost of hiring an additional 100 staff to the Probation Service. This estimate is broken down into the numbers and specific grades requested by the Deputy. It should be noted that resources would not, in the normal course, be recruited or assigned on the basis set out in response to this PQ as it would not necessarily meet the operational requirements of the organisation.

Number of  Staff	Grade	Average annual salary (including ER PRSI) per person	Cost by number
x10	Probation Officer	€54,180.18	€541,801.85
x10	Senior Probation Officer	€76,816.06	€768,160.61
x10	Clerical Officer	€36,004.08	€360,040.76
x10	Community Service Supervisor	€44,041.43	€440,414.30
x10	Executive Officer	€45,172.92	€451,729.20
x10	Higher Executive Officer	€61,414.54	€614,145.37
x10	Service Officer	€30,585.17	€305,851.69
x10	Assistant Principal Officer	€84,846.64	€848,466.42
x10	Assistant Principal Probation Officer	€89,025.45	€890,254.50
x10	Assistant Director	€96,555.75	€965,557.54
		TOTAL	€6,186,422.23

Departmental Data

Ceisteanna (718)

Martin Kenny

Ceist:

718. Deputy Martin Kenny asked the Minister for Justice the estimated cost of providing administrative support to the current restorative justice programme, including all associated costs such as capital costs et cetera. [34066/22]

Freagraí scríofa

Minister for Justice

Restorative justice is a criminal justice process which has been shown to help victims recover from crime, reduce reoffending and save public resources and it is now widely accepted that restorative justice is compatible with the traditional criminal justice systems of both common law and civil law jurisdictions.

The Programme for Government commitment to deliver restorative justice safely and effectively is one of the strategic objectives for my Department over the next three years. Five high level actions were identified and outlined in the Justice Plan 2021, four of which have been completed to date.

The Department of Justice funded a group of restorative justice experts and researchers to map the delivery of restorative justice in Ireland, and to publish their findings on a new website. This website was launched in January 2021. It includes the findings of a mapping exercise, and around 35 case studies illustrating the use of restorative justice and restorative practices in criminal justice settings, among other resources.

Policy options have been developed for an appropriate mechanism and process to create awareness and availability of Restorative Justice at all stages of the criminal justice system, with consistency of service ensuring quality in training and practice. My Department is currently finalising a policy paper in this regard and intends to publish policy proposals soon.

Following publication of the policy paper and consideration of its contents, the next steps to delivering a mechanism and process to create greater awareness and availability of Restorative Justice interventions at all stages of the criminal justice system will involve the development of an Implementation Plan, in line with Action 98 in Justice Plan 2022.

Ireland is part of a Council of Europe initiative (Restorative Justice: Strategies for Change - RJS4C), which supports the development of restorative justice in 10 countries in Europe. Project partners collaborate with a stakeholder group of policymakers, practitioners, researchers, activists and other parties to co-create and implement new national strategies. The Irish project team comprises academics and a staff member of the Probation Service.

In October 2018, the Probation Service established a National Restorative Justice and Victim Services Unit which provides support and training to Probation teams across the country. This Unit is located in the Probation Service Headquarters in Haymarket, Dublin 7 and comprises a small team including 1 Assistant Principal Probation Officer, 1 Senior Probation Officer and 1 Probation Officer.

The Unit provides leadership and support for the consistent and integrated provision of a range of restorative justice models including family/restorative conference, offender reparation panel, victim offender mediation and ‘bespoke’ restorative interventions. The Unit also provides a central point of contact for an effective response to victim queries and requests.

The estimated operating cost of the Restorative Justice & Victims Services Unit per year is €220,021.70. A breakdown of this cost is displayed in the below in Table A.

Table A - Cost of Existing Staff – Restorative Justice & Victims Services Unit

Officer	Cost
1x Assistant Principal Probation Officer	€89,025.45
1x Senior Probation Officer	€76,816.06
1x Probation Officer	€54,180.18
TOTAL	€220,021.70

In addition to direct support and training provided by the Restorative Justice and Victims Services Unit, the Probation Service provides €627,000 in funding to four community-based organisations to provide dedicated restorative justice programmes. Details of the CBOs and their funding allocations can be seen in Table B.

Other Probation Service funded CBOs use restorative approaches in their work with clients to promote respectful relationships and address the harm caused by their offending.

Table B

CBO Name	Location	Description of Service	Funding Allocation
Restorative Justice Services	Dublin	Funding allocated to Restorative Justice Services in 2022	€396,000
Restorative Justice in the Community	Tipperary, Laois & Offaly	Funding allocated to Restorative Justice in the Community in 2022	€163,000
Le Chéile	Limerick	Funding allocated to Le Chéile for the Restorative Justice Project Worker in 2022	€43,261
Wexford (Cornmarket)	Wexford	Funding allocated to Cornmarket for Project Worker for Restorative Justice Service and Probation Clients	€24,947.93*
TOTAL			€627,000

* The total salary for this project worker is €49,895.86 (basic salary €44,931 + PRSI €4,964.86). For the purpose of this response, this figure shown is 50% of the salary as the project worker deals with restorative justice work 50% of the time and probation client referrals the other 50% of the time.

Departmental Data

Ceisteanna (719)

Martin Kenny

Ceist:

719. Deputy Martin Kenny asked the Minister for Justice the estimated cost of hiring an additional 10% staff to the Irish Prison Service per annum, including all associated costs such as uniforms et cetera. [34067/22]

Freagraí scríofa

Minister for Justice

I am advised by the Director General of the Irish Prison Service that the recruitment of an additional 10% of staff to the Service would amount to approximately 300 Recruit Prison Officers (RPOs) per annum.

The estimated full year cost of basic pay for 300 new RPOs, as per the entry point of the most recent pay scale of 1 February 2022, would be of the order of €11.3m. A breakdown of this cost is outlined in Table 1.

The vast majority of RPOs are assigned to the 360 Hours Additional Hours (AH) band, and the cost of same per RPO is set out in Table 2. The Deputy may wish to note that premium payments are an average figure and the level of such payments payable to any officer will depend on individual deployment and work patterns

Based on the average AH and premium payments outlined in the table for a single RPO, the total estimated additional costs in terms of AH and Premium Payment for 300 RPOs would be in the region of €6.1.m per annum. This is outlined in Table 3.

The combined cost of pay, AH and allowances for 300 RPOs over a full year is in the region of €17.4m.  All figures quoted are inclusive of employer's PRSI, which amounts to approximately 10% of the overall cost.

In addition to the above pay costs, there are a number of ancillary non pay costs associated with the recruitment of a single RPO, such as training, uniform costs, subsistence and accommodation costs, etc.  These costs are set out in Table 4.

Therefore the total overall costs, both pay and non-pay, of recruiting 300 RPO’s to the Service over a full year based on current pay rates, conditions and assumptions outlined above would be of the order of €19.4m. Pay costs would increase in subsequent years in line with incremental progression.

The recruitment of RPO's  by the Service has been ongoing since 2017, and has regard to such factors as service needs and exit levels from the organisation. In 2021, 133 RPO's were recruited and in 2022, it is expected that a total of 138 Officers will be recruited.

Table 1. Basic Salary cost RPO.

Basic Salary Cost  - RPOs	Point 1
Salary	€31,337
Operational - 8% of Basic salary	€2,507
ER PRSI	€3,740
1 RPO	€37,584
300 RPOs	€11,275,115

Table 2 AH and Premium Payments - RPO Per Year .

AH & Premium Payments - For 1 RPO Per Year
AH Band 3 -360 Hours per annum	€9,491.71
Premium Payments (e.g. Sunday, Night Work etc)	€8,869.58
ER PRSI	€2,028.92

Table 3 - Cost for 300 RPOs Per Year.

For 300 RPOs Per Year
AH Band 3	€2,847,513
Premium Payments	€2,660,874
ER PRSI	€608,677

Table 4 Training Costs

Training (Completion of Higher Certificate in Custodial Care – HCCC – mandatory for all RPOs).	€4,188.00
Provision of Uniform.	€642.03
Subsistence, Food, Accommodation for duration of training period.	€1,815.00
Total current Cost per RPO	€6,645.03
Total current Cost 300 RPO	€1,993,509.00

Departmental Data

Ceisteanna (720)

Martin Kenny

Ceist:

720. Deputy Martin Kenny asked the Minister for Justice the average cost of providing one fully qualified psychotherapist to one crime victim support service per annum, such as one service (details supplied) funded by the Department of Justice. [34068/22]

Freagraí scríofa

Minister for Justice

I have sought information on this issue raised by the Deputy from Tusla but the information was not available in time. 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 Parliamentary Question 720 and 721 of 28 June 2022 asking the average cost of providing one fully qualified psychotherapist to one domestic violence survivor support service per annum (Women’s Aid), and to one crime victim support service (Support After Crime).

You will recall that at the time I had reached out to Tusla to request any information they may have on this and I undertook to forward that information when received.

It is important to note that Tusla’s funding and my Department’s funding does not include provision for specialist services that are the responsibility of other Departments/agencies – the funding of specialist mental health roles such as this would fall under the remit of the HSE.

I’m informed by Tusla that its allocation to Women’s Aid in 2022 is €874,011.00. This funding is for service delivery including staff costs. Tusla does not recommend salary scales or types of qualifications to organisations as it is the organisation and not Tusla that is the employer.

Rather, the DSGBV programme in Tusla assesses business cases submitted by organisations on the evidence of need. To this end Tusla does not hold a standardised pay rate for particular posts mentioned in any particular organisation. There is variation across the DSBGV service providers on costs associated with domestic violence survivor support services.

I can also confirm that my Department will allocate €200,000 in funding for Women’s Aid this year, and €165,000 for Support After Crime, but similarly we do not hold a standardised pay rate for particular posts.

In June, as you may be aware, I launched the Third National Strategy to combat domestic, sexual and gender-based violence, an ambitious five-year programme of reform to achieve a society which does not accept DSGBV or the attitudes which underpin it.

Our goal is clear: zero tolerance of domestic, sexual and gender based violence.

This is a whole-of-Government and whole-of-society plan of action.

The Strategy cuts across multiple departments and this underlines the multi-faceted nature of domestic, sexual and gender-based violence.

We must ensure that there are proper supports in place for victims, effective punishments for perpetrators, but central to this strategy is the commitment to changing societal attitudes that overlook or tolerate domestic, sexual and gender-based violence.

The Strategy shows a lot of ambition, including in targets to double the number of refuge spaces by 2026 and in the provision of an array of enhanced services for victims and survivors over its lifetime.

This will, of course, require resourcing, including the recruitment of additional staff in the sector, and the new Strategy provides for a significant increase in support for the sector.

Departmental Data

Ceisteanna (721)

Martin Kenny

Ceist:

721. Deputy Martin Kenny asked the Minister for Justice the average cost of providing one fully qualified psychotherapist to one domestic violence survivor support service per annum, such as one service (details supplied) funded by her Department. [34069/22]

Freagraí scríofa

Minister for Justice

I have sought information on this issue raised by the Deputy from Tusla but the information was not available in time. I will write to the Deputy once the information is to hand. 

Departmental Data

Ceisteanna (722, 723)

Martin Kenny

Ceist:

722. Deputy Martin Kenny asked the Minister for Justice the average cost of establishing one domestic violence refuge in Roscommon, including all associated costs such as staffing, resourcing, capital spend et cetera. [34070/22]

Martin Kenny

Ceist:

723. Deputy Martin Kenny asked the Minister for Justice the average cost of funding one domestic violence refuge in Cork per year, including all associated costs such as staffing, resourcing, capital spend et cetera. [34071/22]

Freagraí scríofa

Minister for Justice

I propose to take Questions Nos. 722 and 723 together.

It is my intention that every person who needs a refuge space will have access to one.

As the Deputy may be aware, Tusla published a review of accommodation for victims of domestic violence in February 2022.

Implementation of findings from this review is being led by my Department and will be taken forward in the context of the Third National Strategy on domestic, sexual and gender-based violence.

Addressing the range of needs for those who experience domestic violence, particularly for people with complex or additional needs, is identified as a recommendation from the domestic violence accommodation review, and relevant actions are included within the forthcoming national strategy on domestic, sexual and gender-based violence.

To date, funding the revenue cost of refuge services has been provided through Tusla. The Department of Housing, Local Government and Heritage and Housing Authorities have been key stakeholders around capital funding of new refuge developments.

In 2022 Tusla has allocated a total of €164,354.40 to Roscommon Safe Link for the provision of services to those fleeing domestic violence.

Also in 2022, Tusla has allocated a total of €1,538,319.46 to the Domestic Violence Service providers in Cork for service provision to those fleeing domestic violence. This includes funding to Cuanlee Refuge of €510,999.

There are many factors which influence the average cost of funding one domestic violence refuge, including location and age of a building, maintenance, number of units, type of units, on site services for clients, security, number, and range of staff needed. This, along with the role of the Department of Housing, Local Government and Heritage and Housing Authorities in capital resources, means there can be substantial variation in the average costs of refuge provision.

Tusla will work with the interdepartmental group established under the aegis of the Minister for Justice to consider implementation of findings from the domestic violence accommodation review.

Tusla acknowledges the need to increase the provision of refuges and that key to this will be ensuring organisations can access funding.

Question No. 723 answered with Question No. 722.

Departmental Data

Ceisteanna (724)

Martin Kenny

Ceist:

724. Deputy Martin Kenny asked the Minister for Justice the estimated cost of hiring increasing International Protection Office staff by 10% per annum. [34072/22]

Freagraí scríofa

Minister for Justice

The total estimated cost of increasing the overall staff levels in the International Protection Office by 10% is €745,673, based on the current staff costs of €7,456,736 per annum. 

The Deputy may wish to note that this estimated cost includes employer’s PRSI contribution at 11.05% per annum in line with PRSI rates published on GOV.ie at www.gov.ie/en/publication/ffa563-prsi-class-a-rates/.

Passport Services

Ceisteanna (725)

Paul Murphy

Ceist:

725. Deputy Paul Murphy asked the Minister for Justice if her attention has been drawn to the difficulties faced by a number of Irish citizens for example, Chinese Irish citizens holding dual passports among others in relation to the decision to stop issuing re-entry visas (details supplied); if the immediate provision of Garda National Immigration Bureau cards will be ensured in order to facilitate the unhindered travel of those who chose to retain dual passports; and if she will make a statement on the matter. [34138/22]

Freagraí scríofa

Minister for Justice

Irish nationals cannot register to receive an Irish Residence Permit (IRP) card. An IRP card demonstrates that the holder, a non EEA national, has been legally granted an immigration permission to be in the State. The IRP card details the immigration permission granted as indicated by the relevant Stamp number and any conditions attaching, and also provides an expiry date.

Whilst re-entry visas have been suspended for minors under the age of 16, any dual-national citizen, who has been granted a stamp 6 permission, may continue to apply for a re-entry visa if it is required for travel purposes.

Applications must be made through registered post and I have attached the application forms to this response.

If customers have any further queries on how to apply for a re-entry visa they can be emailed to:  [e-mail], putting "stamp 6 re-entry visa" in the subject line.

 Re-entry Visa Adult

Re-entry Visa Minor

Residency Permits

Ceisteanna (726)

Jennifer Carroll MacNeill

Ceist:

726. Deputy Jennifer Carroll MacNeill asked the Minister for Justice if she will provide assistance on a Stamp 4 renewal for a person (details supplied); and if she will make a statement on the matter. [34287/22]

Freagraí scríofa

Minister for Justice

I can confirm that an application for a Stamp 4 permission from the person referred to by the Deputy was  approved on 23 June 2022. They can expect to receive their new Irish Residence Permit (IRP) card within 10 working days from date of approval.

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 (727)

Bernard Durkan

Ceist:

727. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in determination of application pursuant to the scheme for the undocumented in the case of a person (details supplied); when a decision is expected to issue; and if she will make a statement on the matter. [34329/22]

Freagraí scríofa

Minister for Justice

The application for the person referred to by the Deputy was received by the Undocumented Unit of my Department on 23 February 2022 and continues to be processed. Due to the large number of applications on hand it is not possible to provide a definitive timeframe for a decision to issue.

In order to be fair to all applicants, applications are processed in order of the date on which they are received. Processing times may vary depending on the complexity of the application, whether it is a single or family application, the supporting documentation and the vetting process with An Garda Síochána. Applications where there is an existing deportation order in place will also require additional processing.

Each application received is assessed individually in accordance with the published criteria, available on my Department's immigration website at: www.irishimmigration.ie/wp-content/uploads/2022/01/Undocumented-Policy-Scheme-January-2022.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.

Equality Issues

Ceisteanna (728)

Alan Farrell

Ceist:

728. Deputy Alan Farrell asked the Minister for Justice the measures that her Department is undertaking to ensure members of the LGBT+ community are encouraged and supported to make complaints to An Garda Síochána when they have been a victim of crime; and if she will make a statement on the matter. [34342/22]

Freagraí scríofa

Minister for Justice

I strongly condemn the actions of the small minority who subject others to abuse or attack resulting from their own prejudice. In recent months we have seen vicious crimes take place. These types of attacks cannot, and will not, be tolerated. 

We live in a diverse and welcoming country and our laws and values should reflect this. I will as soon as possible, subject to Government approval, publish the Criminal Justice (Incitement to Hatred or Violence and Hate Crime) Bill to legislate against hate crime and hate speech and help ensure that Ireland is safe, fair and inclusive for all. 

The Bill will strengthen the law around hate crime by creating new, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic. 

The protected characteristics under the Hate Crime Bill include sexual orientation and gender. 

Aggravated offences will generally carry an enhanced penalty and the record of any conviction for such an offence would clearly state that the offence was a hate crime. 

The Department of Justice is leading a number of important initiatives to ensure we better support all victims of crime. When a victim of crime begins to engage with the justice system they should know what to expect, be confident they will be treated respectfully and sensitively, know what their legally enforceable rights are and what supports are available at every step in the process.

Central to achieving this is  'Supporting a Victim's Journey' - our plan to implement the recommendations of The O'Malley Review.  Supporting a Victims Journey is an ambitious plan to introduce important reforms to support and protect vulnerable victims and ensure our criminal justice system is more victim-centred.

This year, my Department, with the support of the Dormant Accounts fund, will be rolling out awareness raising measures to reach people within marginalised communities in Ireland to inform them of the rights they have under the Victims of Crime Act 2017 and of the Victims Charter. In order to achieve this, my Department will work with various community organisations to adapt various assets and resources for victims of crime.

As the Deputy may be aware, I have today received Cabinet approval for a new whole-of-Government strategy to combat domestic, sexual, gender-based violence. The goal of the strategy is zero tolerance in our society for violence against women and it recognises the need to reflect the lived experiences of particular cohorts of victims/survivors, including LGBTI+ people, and acknowledges the additional risks factors created by overlapping forms of discrimination.

All actors leading on implementing actions as part of the Strategy will be required to consider the issue of access for these groups. This consideration needs to involve inputs from the relevant communities and the specialist and community based support organisations to identify and address any barriers.

Separately, I am informed by the Garda authorities that as part of An Garda Síochána’s ongoing national response to ensure members of the LGBT+ community are encouraged and supported to make complaints to An Garda Síochána when they have been a victim of crime Hate Crime, the Garda National Diversity and Integration Unit (GNDIU) provide assurance to members of the public in relation to reports of hostility or hate-based occurrences. This includes daily monitoring of all recorded Hate Crimes / Incidents on PULSE and Social Media, providing Hate Crime training, supporting investigating members, advising investigations and providing assurance to victims and their communities.

I am further informed that in October 2020, an update to the Garda PULSE system introduced a number of measures to improve the reporting and recording of Hate Crimes and Hate Incidents on PULSE. The introduction of a mandatory hate-related tick box with associated discriminatory motives ensure data is recorded accurately. The introduction of the “H” hate-identifier allows for more efficient recording and analysis of hate-related data e.g. identifying trends, repeat offending and repeat victimisation. This allows for a more victim-focused Garda response.

Discriminatory motives are searchable on the Pulse System which allows for analysis of Hate Crime data specific to victims who were targeted because of their race / ethnicity / colour etc. 

The Garda National Diversity and Integration Unit (GNDIU) forms part of the Garda Community Relations Bureau and has a very positive working relationship with minority communities in Ireland.  

The Garda Diversity and Integration Strategy is externally focused on An Garda Síochána’s relations with the communities that it serves, delivering on the obligations on An Garda Síochána in relation to human rights and equality under Irish, EU law and international conventions. 

Under the National LGBTI+ Inclusion Strategy, An Garda Síochána are working to significantly increase reporting of hate crimes to An Garda Síochána by members of the LGBTI+ community owing to the more open relationship that has been developed. 

A new, non-emergency online hate crime reporting mechanism was launched by An Garda Síochána in July 2021 to improve accessibility to the Garda service for victims of all types of hate crime. It is available via the garda.ie website and provides a safe and secure environment for victims, who may previously have been reluctant to report in person to An Garda Síochána.

An Garda Síochána

Ceisteanna (729)

Alan Farrell

Ceist:

729. Deputy Alan Farrell asked the Minister for Justice the work that her Department has undertaken with An Garda Síochána to ensure that training now includes and is updated to be sensitive to the needs of minority communities within our society; and if she will make a statement on the matter. [34343/22]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of Garda business, including the training of Garda members and staff. As Minister, I have no role in such matters.

An Garda Síochána is committed to providing a human-rights focused policing service that protects the rights of all people they come into contact with. This is at the heart of the Garda Code of Ethics and the Garda Decision Making Model, and has been spoken about repeatedly by the Garda Commissioner.

The Commissioner has put a welcome focus on equality, diversity and inclusion, as An Garda Síochána seeks to embed the principle that human rights are the foundation and the purpose of policing in Ireland.

An Garda Síochána have demonstrated this in recent years through the establishment of the Garda National Diversity & Integration Unit (GNDIU), and the publication of an Equality, Diversity and Inclusion (EDI) Strategy Statement and Action Plan.

Both the Government and the Garda Commissioner are committed to increasing diversity within An Garda Síochána and ensuring that all communities can see themselves reflected in our police service. The increased numbers of members of minority communities who applied to be members of An Garda Síochána in the recent Garda recruitment campaign is very welcome in this regard.

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. An Garda Síochána have also put in place an e-learning Human Rights module and are currently delivering online Hate Crime Training to the entire organisation.

As the Deputy may be aware, the work of the Garda Diversity Officers (GDOs) is central to An Garda Síochána's efforts to meet the needs of our diverse communities. GDOs formerly known as Ethnic Liaison Officers (ELOs) are members of An Garda Síochána trained, developed and supported to actively engage with and attend to the concerns of our minority, diverse and hard to reach communities - providing reassurance, building trust and extending the accessibility of the Garda Service.

The renaming to Garda Diversity Officers reflects the wider remit of the role and our changing society. GDOs are supported by the GNDIU, who also provide training in relation to awareness, engagement and liaison with diverse and minority communities.  

I am informed by the Garda authorities that a review of GDOs was undertaken in 2020. This included a review of the numbers, role profile and the training needs of all GDOs. There are currently approximately 330 trained GDOs working in Garda Divisions nationwide and who work to assist every community they serve.

I also understand that a revised role profile has been developed and introduced to the organisation by way of HQ Directive and that the role of GDOs includes the following:

- Improve accessibility of the Garda Service to minority, diverse and hard to reach communities through the development of positive working relationships, carrying out engagements within these communities and providing appropriate supports.

- Promote An Garda Síochána’s recruitment campaigns within those community settings.

- Overcome communication barriers through active engagement, open dialogue and collaboration. 

- Encourage and facilitate the Reporting, Recording, Investigating and Prosecuting of Hate Crime.

- Support victims of Hate Crime by identifying their particular needs, providing reassurance and acting as liaison with necessary support services.

- Engage with the Garda National Diversity and Integration Unit by sharing ideas, information and initiatives.

- Be responsive to emerging trends or existing needs within the community that require attention.

- Be informed of and display appropriate behaviours in matters requiring cultural or diversity sensitivity.

- Support the security and safety needs of particular minority communities and those of wider society, through engagement with appropriate internal reporting mechanisms. 

Legislative Measures

Ceisteanna (730)

Jennifer Whitmore

Ceist:

730. Deputy Jennifer Whitmore asked the Minister for Justice if she will provide an update in relation to the Occupiers' Liability Act 1995 to rebalance the duty of care to be shared between owner and customer rather than 100% on the business owner as it is currently; when it will be enacted and commenced; and if she will make a statement on the matter. [34361/22]

Freagraí scríofa

Minister for Justice

Insurance reform is a key priority for this Government and is reflected in the Programme for Government, the Government’s Action Plan for Insurance Reform, and in my Justice Plan 2022.

This is a whole-of-Government effort. My Department has responsibility or part responsibility for 34 of the 66 actions contained in the Action Plan, 26 of which are now complete, including the introduction of the Personal Injuries Guidelines, the enactment of the Criminal Justice (Perjury and Related Offences) Act 2021 and the establishment of the Insurance Fraud Coordination Office, which was opened by An Garda Síochána last July.

Last month, I received Government approval to reform duty of care legislation, which is a key insurance reform measure and an important part of the Government’s Action Plan.

I am proposing to amend a number of sections of the Occupiers’ Liability Act 1995, in line with the Government policy objective of restricting the liability of occupiers.

I believe these proposals strike the right balance between ensuring that businesses, community groups and organisers of events fulfil their duty of care responsibilities, while also acknowledging the importance of personal responsibility of visitors, recreational users and trespassers.

The proposed amendments, which build on a Review Paper prepared by my Department in February 2021, and subsequently published, contain four key developments:

- they insert into primary law a number of recent court decisions which rebalance the duty of care owed by occupiers to visitors and recreational users;

- they change the standard to clarify that when the occupier of a property has acted with reckless disregard for a recreational user or trespasser, the standard of reckless disregard rather than that of reasonable grounds should apply in relation to any consideration of liability;

- they limit the circumstances in which a court can impose liability on the occupier of a premises where a person has entered onto premises for the purpose of committing an offence; and

- they allow for a broader range of scenarios where it can be shown that a visitor or recreational user has voluntarily assumed a risk.

The combined effect of these developments is intended to lead to further reductions in insurance premiums, building on the success of the personal injuries guidelines introduced last year.

The Office of Parliamentary Counsel, working with my Department, will now proceed to draft the proposed legislation, which will be placed before the Oireachtas for enactment as part of the upcoming Courts and Civil Law (Miscellaneous Provisions) Bill 2022. The Bill is on the priority list for publication this session and it is intended to seek enactment as quickly as possible after that.

Citizenship Applications

Ceisteanna (731)

Bernard Durkan

Ceist:

731. Deputy Bernard J. Durkan asked the Minister for Justice if an application for citizenship in the case of a person (details supplied) has now been received and registered given that it was sent on 30 May 2022; and if she will make a statement on the matter. [34371/22]

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 December 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 regrettably resulted in the processing time for standard applications increasing. 

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.

School Staff

Ceisteanna (732)

Charles Flanagan

Ceist:

732. Deputy Charles Flanagan asked the Minister for Justice the reason teachers and SNAs that are already Garda vetted to work in their own schools now require new Garda vetting to run a summer provision programme (details supplied); and if she will make a statement on the matter. [34443/22]

Freagraí scríofa

Minister for Justice

As the Deputy will appreciate, vetting applications are an operational matter for An Garda Síochána. Neither I, as Minister, nor my Department have any role in the processing of individual vetting applications.

The Deputy will be aware that the primary purpose of the employment vetting carried out by the National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults. It is carried out by An Garda Síochána in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016. I am sure the Deputy will appreciate the importance of this task and the need for it to be carried out thoroughly and correctly.

All Garda National Vetting Bureau (GNVB) staff have continued to work on-site over the course of the Covid-19 pandemic, working on a 7-day-week roster to ensure that delivery of this essential public service has been maintained. Throughout this period, the GNVB has focused on ensuring that minimum disruption was caused to the vetting process for the over 26,000 relevant organisations working with children and vulnerable persons across Ireland, despite the huge demands placed on the services of the GNVB.

I am advised by the Garda authorities that the current standard turnaround time is approximately 6 working days for most applications. The GNVB has previously communicated with all of the relevant organisations to advise them of the current turnaround times and to assure them that the GNVB continues to process their vetting applications as expeditiously as possible.

The Deputy may be aware that Garda Vetting Review Group was established in April 2021 and meets regularly to discuss proposals regarding potential amendments to vetting legislation. This group includes members of the National Vetting Bureau in An Garda Síochána and officials from my Department, Tusla and other relevant parties. The primary focus of the Group is to deliberate on and formulate recommendations to strengthen the vetting legislation in an effective manner. The Group is due to report by the end of this year. Issues to be considered by the group include any changes which may be possible around the matter of re-vetting.