Written Answers Nos. 534-553
534. Deputy Aindrias Moynihan asked the Minister for Justice if all applicants for asylum are now being processed to the Dublin office before being assigned to direct provision accommodation; and if she will make a statement on the matter. [28340/22]
Amharc ar fhreagraAnyone who wishes to make an application for international protection must proactively do so on their own behalf and on behalf of any of their minor family members. If they apply initially at their port of entry to the State they will still need to make a formal application at the Dublin offices of the International Protection Office (IPO) of my Department.
If a person attending the IPO indicates that they require accommodation, they are referred to the International Protection Accommodation Service (IPAS) of the Department of Children, Equality, Disability, Integration and Youth. IPAS staff are onsite at the IPO each day to assist applicants.
When a person presents to an Immigration Officer assigned to the Border Management Unit of my Department at Dublin Airport and seeks international protection, they are referred to the Garda National Immigration Bureau (GNIB) for processing in accordance with Section 13 of the International Protection Act 2015. This includes the completion of an application form and the taking of fingerprints for comparison against the Eurodac database.
Upon completion of this process, GNIB contacts IPAS who provide transport from the airport to a nominated accommodation centre.
At all other ports of entry into the State, people seeking international protection will present to an Immigration Officer who is a member of An Garda Síochána. These applicants are also processed in accordance with Section 13 of the International Protection Act 2015. Upon completion of this process, contact is made with IPAS, who will provide accommodation at a nominated centre.
535. Deputy Colm Burke asked the Minister for Justice the average processing times for regularisation of long-term undocumented migrants scheme applications from the date of submission to the decision date; and if she will make a statement on the matter. [36018/22]
Amharc ar fhreagraDue to the large number of applications on hand it is not possible for my Department to provide a definitive or average timeframe for a decision to issue under the scheme. However, I can assure the Deputy that there are no unavoidable delays in issuing decisions.
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.
As of 4 July 2022, my Department has received 5,352 applications in respect of 6,752 people under the scheme and has issued 1,250 positive decisions so far. Processing of all other applications remains ongoing.
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.
If the Deputy is aware of someone who might be eligible for the scheme please encourage them to come forward. Applicants will be supported in a positive way and if they are not eligible for the scheme, other immigration options can be explored.
536. Deputy Jennifer Carroll MacNeill asked the Minister for Justice if a person (details supplied) will be supported in obtaining their Irish residence permit card renewal given their current circumstances; and if she will make a statement on the matter. [36031/22]
Amharc ar fhreagraI can confirm that an application for permission to remain from the person referred to by the Deputy was approved on 30 June 2022. They can expect to receive their new Irish Residence Permit (IRP) card within the next 10 working days.
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 INISOireachtasMail@justice.ie, 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.
537. Deputy Jackie Cahill asked the Minister for Justice if a United States citizen who owns property in Ireland for a number of years may apply for Irish citizenship on the basis of having an Irish great-grandfather; and if she will make a statement on the matter. [36032/22]
Amharc ar fhreagraThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
Section 15 of the Act sets out the statutory conditions that must be fulfilled for a certificate of naturalisation to be granted.
Section 16 of the Act includes a discretionary provision to waive the statutory conditions in certain circumstances, including where the applicant is of Irish descent or Irish associations (defined as related through blood, affinity or adoption to a person who is or is entitled to be an Irish citizen). Any application under Section 16 that relies on Irish associations and affinity should be supported by substantive documentation supporting the claim, documentation that renders the application exceptional and one where the normal pathways to citizenship provided for under the legislation are not appropriate.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended.
However, an association going back two generations without any other link to the State is generally not considered as sufficient to warrant consideration of the waiving of the statutory residence conditions.
Applicants who seek to avail of the discretion provided under Section 16 of the Act are expected to have a reasonable period of lawful residence in the State, generally around three years, to show they have some substantial and tangible connection with Irish society and the State. An Irish association through a great-grandparent, (or a grandparent where that grandparent obtained citizenship through naturalisation) and where there is no, or negligible, reckonable residency would generally be deemed insufficient to warrant the exercise of discretion, and would result in a refusal.
Detailed information on Irish citizenship and naturalisation, along with the relevant application forms and guidance notes, is available on the following website. www.irishimmigration.ie/how-to-become-a-citizen/
Additionally, persons born outside of Ireland who have an Irish national grandparent born in Ireland may obtain Irish citizenship through registration in the Foreign Births Register, which is maintained by Department of Foreign Affairs. For more information please see: www.dfa.ie/citizenship/born-abroad/registering-a-foreign-birth/.
538. Deputy Brian Stanley asked the Minister for Justice to list any awards issued to prison staff involved in apprehending prisoners attempting to escape from Portlaoise prison in the years 1983 to 1989. [36041/22]
Amharc ar fhreagraI wish to advise the Deputy that the Irish Prison Service Staff Recognition Policy was introduced on 1 June 2013. This policy provides for the presentation of Merit Awards to staff in recognition of their actions.
The Brian Stack Medal, which is the highest honour that can be bestowed on a staff member, is presented by the Minister for Justice in recognition of acts of exceptional personal bravery. Nominations for the award of the Distinguished Services Medal are considered in the event of a prevention of an attempted escape and for an action that preserved life or preventing serious harm to others. The Distinguished Services Medal is awarded by the Director General of the Irish Prison Service.
Following the introduction of the policy in June 2013, nominations were accepted and considered for historical cases. Among those considered were nominations for officers who distinguished themselves through their actions in relation to two incidents in the time period 1983-1989, concerning prisoners attempting to escape from Portlaoise Prison.
One received a Brian Stack Medal for an incident which occurred in 1985 and three officers received a Distinguished Service Medal for an incident which occurred in 1988.
539. Deputy Brian Stanley asked the Minister for Justice if there are any files being withheld for national security reasons that relate to the attempted escape of a prisoner on 18 May 1988 at Portlaoise prison. [36042/22]
Amharc ar fhreagraI am advised that the record in question was previously considered as not suitable for release by the Irish Prison Service.
540. Deputy Brian Stanley asked the Minister for Justice to provide a prison officer (details supplied) with a copy of his dismissal notice. [36043/22]
Amharc ar fhreagraI am advised by the Director General of the Irish Prison Service that the person referred to by the Deputy has requested copies of files relating to him and held by the Irish Prison Service on a number of occasions.
I am further advised that he has received a copy of the letter from the Prisons Personnel Section to the Governor of Portlaoise Prison and the subsequent letter from the Governor of Portlaoise to himself informing him of the Government decision to dismiss him from his position as a Prison Officer with effect from 23 May 1989.
541. Deputy Catherine Connolly asked the Minister for Justice the details of any analysis carried out by her Department into the increase in the number of Afghan and Syrian citizens who were refused entry to Ireland in each of the years from 2018 to 2021; the number of Afghan and Syrian citizens who have been refused entry to Ireland to date in 2022; the number of Afghan and Syrian citizens who have entered the international protection process in each of the years from 2018 to 2021 and to date in 2022 after having been refused entry to Ireland; and if she will make a statement on the matter. [36053/22]
Amharc ar fhreagraAs the Deputy will appreciate, every State has a duty to protect its borders and to refuse entry to people not entitled to enter the State. This is a fundamental exercise of State sovereignty, which is necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is at all times subject to the law and to respect for individual rights.
The Border Management Unit (BMU) of my Department has responsibility for frontline immigration duties at Dublin Airport only. 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.
It is important to note that where a person indicates or is identified as being in need of international protection, they are admitted to the international protection process. However, they will still be recorded as a refusal of leave to land.
542. Deputy Michael Healy-Rae asked the Minister for Justice when the report following the review by NUI Galway on the guardianship laws in Ireland will be available; the steps that have been taken to ensure that the necessary adjustments are made in the compilation and the delivery of such critical areas of policy to ensure that these are acted upon in a timely manner when required in the future (details supplied); and if she will make a statement on the matter. [36086/22]
Amharc ar fhreagraDelivering family justice more effectively is a priority for me and is a major element of my Justice Plan 2022.
My Department has engaged academic experts to conduct research for the purpose of a review by my Department of the operation of the provisions of the Guardianship of Infants Act 1964 relating to guardianship of children whose parents are not married or in a civil partnership.
The researchers, from NUI Galway and Maynooth University, were appointed following publication of a request for tender by my Department in May 2021.
The main aims of the research are to:
- Provide an analysis of the impact – intended and actual - of the provisions of the Guardianship of Infants Act 1964 as amended by the Children and Family Relationships Act 2015 as they relate to parents who are not married or in a civil partnership.
- Give a brief overview of the principle of guardianship in a legal and policy orientated context.
- Identify and outline the various approaches and responses being taken in other jurisdictions to deal with the issue of guardianship in the case of unmarried parents (legislative and otherwise).
- Describe, outline and evaluate any studies which have examined the effectiveness of these various international approaches.
- Assess the relevance of these studies to the Irish context.
- Investigate what is known about the prevalence of this issue (in Ireland or internationally) through examination of the literature.
- Identify any gaps on a policy and/or legislative level in Ireland that need to be addressed.
The preparation of the research report is at an advanced stage. The draft report has been reviewed by research officials in my Department and is currently being finalised. The research report, when completed, will be considered by my Department in the context of the work on the review, which I expect will be completed and published later this year.
543. Deputy Michael McNamara asked the Minister for Justice the cost to the Exchequer of the additional Garda presence at Dublin Airport on the weekend beginning 4 June 2022 to supervise the security queues through departures; and if that cost was reimbursed to her Department by the Dublin Airport Authority. [36128/22]
Amharc ar fhreagraI have contacted the Garda authorities for the information requested by the Deputy, however this information was not available in time. I will write to the Deputy once this information is to hand.
544. Deputy Violet-Anne Wynne asked the Minister for Justice the number of persons arrested and charged with burglary within Clare Garda division in 2021 and to date in 2022, in tabular form. [36164/22]
Amharc ar fhreagraI have contacted An Garda Síochána for the information requested by the Deputy, regretfully this information was not available in time. I will write to the Deputy once the information is to hand.
545. Deputy Violet-Anne Wynne asked the Minister for Justice the number of gardaí by rank attached to the Clare Garda divisional drugs unit as of 31 December 2020 and 29 June 2022, in tabular form. [36165/22]
Amharc ar fhreagraAs the Deputy will appreciate, in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. The allocation of Garda resources is made in light of identified operational demands. This includes decisions on the deployment of personnel among the various Garda Divisions. As Minister, I have no direct role in these matters.
I am assured, however, that Garda management keeps this distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use. 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 there were 3 Garda members, (2 Gardaí and 1 Sergeant), assigned to the Clare Divisional Drugs Unit at 31 December 2020. This allocation remains unchanged at 31 May 2022, the latest date for which figures are available.
In the interest of transparency, a detailed breakdown of Garda numbers is available on my Department’s website. This information is updated every month with the latest data provided by An Garda Síochána. Information on the Garda workforce, Garda staff and other Garda statistics are available from the following link: www.justice.ie/en/JELR/Pages/Garda_Workforce.
546. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the number of prosecutions of cyclists for breaches of the Road Traffic Acts in Ireland in 2019, 2020 and 2021, in tabular form; and if she will make a statement on the matter. [36195/22]
Amharc ar fhreagraAs the Deputy will be aware, prosecutions are a matter for the Director of Public Prosecutions (DPP). The DPP is wholly independent in her functions under the Prosecution of Offences Act 1974 (as amended) and, as Minister, I have no role in the operations, governance or oversight of the Office of the Director, which is funded through the Vote of the Department of the Taoiseach.
As a result I am unable to provide any statistical information related to the work of the DPP.
To be of assistance however, I have contacted the Garda authorities and have been advised of the following related to the number of Fixed Charge Penalty Notices issued for cycling offences under the Road Traffic Acts in the years specified.
|
2019 |
2020 |
2021 |
Total FCNs issued |
|
1510 |
1267 |
932 |
3709 |
Figures are based on incidents which occurred from 01/01/2019 to 31/12/2021, inclusive. All information contained in this report is based upon operational data from the FCPS system as was available on 01/07/2022 and is liable to change.
It should be noted that additional offences can proceed directly by way of charge or summons. However I am advised by the Garda authorities that to provide an accurate count on these figures would involve a manual review of all relevant offences and this would take a disproportionate amount of time and resources to complete.
547. Deputy Ivana Bacik asked the Minister for Justice if she intends to develop further services and supports to address the needs of children and adults with autism who interact with her Department and its agencies; and if the implementation of such services will be informed by feedback from members of the autism community. [36234/22]
Amharc ar fhreagraI would like to assure the Deputy that my Department is committed to ensuring that the range of services and supports we provide meet the needs of those who engage with my Department and its agencies.
As the Deputy may be aware, my Department launched its first Equality, Diversity and Inclusion (EDI) strategy in March 2022. The Strategy aims to strengthen the Department’s capacity to promote equality, embrace diversity and foster inclusion, not only in our daily interactions and activities as colleagues, but also in the design & delivery of the services that we provide to the public.
Overall, the EDI Strategy prioritises three areas of focus for strategic impact:
- achieve better policy outcomes and improve the accessibility and quality of our services;
- support the development of a skilled and diverse workforce which is reflective of the diversity within our population / country; and
- build and embed a workplace culture which facilitates, supports and encourages contributions from all.
Each of these strategic outcomes are underpinned by a number of actions which my Department will implement over the lifetime of the EDI Strategy.
Improving the accessibility and quality of our services requires consideration of the varied requirements of our stakeholders including the importance of respecting neurodiversity and ensuring that my officials are suitably trained and equipped to provide an appropriate service to autistic people.
The Deputy may wish to note that my Department has an Access Officer, appointed in accordance with Section 26(2) of the Disability Act. The Access Officer is responsible for providing, arranging or co-ordinating assistance to persons with disabilities who wish to access the services provided by my Department. The Access Officer also acts as a point of contact for persons with disabilities, including autistic people, who may wish to access such services
As part of building knowledge and awareness my Department held an information session for staff in April 2022 to mark Autism Awareness Month, which focused on neurodiversity in the workplace and supporting staff to understand the needs of neuro-diverse colleagues.
My Department also aims to roll out an e-learning module on the Just A Minute (JAM) Card for all staff this year. As the Deputy may be aware, the JAM Card allows people with specific communication requirements or barriers which might not be immediately apparent, such as Autism, to tell others that they need extra time and understanding in a discreet and easy way.
My Department is currently working with NOW Group to ensure this e-learning module is fully accessible with a screen reader. Once fully accessible, this JAM Card module will be made available to all staff across my Department. My Department will also make a module on disability equality awareness available to all staff when it is completed and launched by the National Disability Authority.
I am informed by the Garda authorities that An Garda Síochána are aware of the need to be respectful in the area of neurodiversity and have developed specific training on autism awareness in order to ensure Gardaí are appropriately trained to interact with and support autistic people.
Finally, I would like to assure the Deputy that my Department will continue to use its governance engagement with agencies under its remit to promote awareness of accessibility issues and of the obligations arising for agencies under the UN Convention on the Rights of Persons with Disabilities.
548. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which cold cases continue to be under observation and investigation; the extent to which modern forensics are likely to be of help to such cases; and if she will make a statement on the matter. [36246/22]
Amharc ar fhreagraAs 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 the Serious Crime Review Team was established in 2007 under the direction of Detective Chief Superintendent, Garda National Bureau of Criminal Investigation, and its primary purpose is to assist Senior Investigating Officers in the investigation of serious crime by identifying new and investigative opportunities which require consideration of progression.
The process of serious crime review is also intended to shape future investigative and operational practices based upon the lessons learned and the identification of good practice for dissemination back in the investigative and operational units. Reviews are not regarded as re-investigation, but an integral element of the overall investigation, designed to assist and support the Senior Investigating Officer.
The commissioning of a review of an investigation is undertaken by Assistant Commissioner, Organised and Serious Crime, who is referred to as the Commissioning Officer. Upon completion of a review, the Reviewing Officer will submit a Review Report to the Commissioning Officer.
I am advised by the Garda authorities that the Serious Crime Review Team is currently undertaking reviews in respect of 18 investigations.
549. Deputy Bernard J. Durkan asked the Minister for Justice the total number of persons currently listed missing or otherwise unaccounted for; the extent to which ongoing investigation continues in such cases; and if she will make a statement on the matter. [36247/22]
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 1 July 2022, there are currently 824 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.
550. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which gangland drug activity continues to be a priority item with specific intentions; and if she will make a statement on the matter. [36248/22]
Amharc ar fhreagra558. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which she and her Department continue in the battle against drug trafficking and the activities of drug barons in extending their empires; and if she will make a statement on the matter. [36256/22]
Amharc ar fhreagraI propose to take Questions Nos. 550 and 558 together.
The continued disruption of the supply of all illicit drugs remains a priority for An Garda Síochána and the other State agencies tasked with responsibilities in this regard. A concerted effort has been made over the past two years to ensure that the detection and prevention of these types of criminal activity have not been adversely affected by the unprecedented demands placed on policing services by the vital enforcement of public health restrictions.
As 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 operations aimed at preventing and countering criminal activity, and the enforcement of legislation pertaining to illegal drugs. As Minister, I have no direct role in these matters.
Given the global nature of the drugs trade, international law enforcement co-operation remains a key element in the overall response. An Garda Síochána has strong and strategic partnerships in place at international level targeting drug trafficking, including working closely with relevant law enforcement agencies such as INTERPOL and Europol and participating in the Maritime Analysis Operations Centre for Narcotics (MAOC-N) based in Lisbon.
In this regard, I also wish to acknowledge the work of the Gardaí in harnessing an international coalition of support to tackle the criminality associated with the Kinahan Organised Crime Group. The enforcement of sanctions demonstrates the tremendous value and power of international co-operation in tackling organised crime and the actions taken recently send a very clear message to those involved in the gang, or associated with the gang, that criminality will not go unnoticed or unpunished.
The Garda National Drugs and Organised Crime Bureau (GNDOCB) is also having significant success in disrupting drug trafficking and the supply of illicit drugs by organised crime groups. The success is evident by the nationwide results of Operation Tara, which has a focus to disrupt, dismantle and prosecute drug trafficking networks at all levels - international, national and local - involved in the importation, distribution, cultivation, production, local sale and supply of controlled drugs. The Bureau’s work is supported by Divisional Drugs Units nationwide, and by all Gardaí working in local communities. GNDOCB also works closely and productively with international law enforcement partners. Gardaí continue to work closely with local authorities, the HSE, NGOs, community groups and other State agencies to tackle drug related harms.
The Deputy may be aware that the Department of Health leads on Government policy in the area of drugs, including drug rehabilitation programmes, and this policy is guided by the national drugs and alcohol strategy "Reducing Harm, Supporting Recovery - a health-led response to drug and alcohol use in Ireland 2017-2025". This strategy represents a whole-of-Government response to drug and alcohol use in Ireland. While implementation of the strategy is led by the Department of Health, the strategy includes actions for all stakeholders, including my Department and An Garda Síochána.
The strategy recognises the need for a balanced health-led approach - reducing demand, while also reducing access to illegal drugs - and is aimed at reducing the number of people criminalised for the possession of drugs for personal use. While this strategy supports vulnerable people who use drugs, it is also matched with strengthened enforcement measures across Government to tackle the supply of illegal drugs. Sustained action by An Garda Síochána continued unabated throughout the pandemic, bringing significant convictions and ongoing seizures of drugs, firearms and ammunition.
Additionally, my Department is also taking a range of actions designed to break the link between criminal gangs and the children they seek to recruit. This includes the enactment of new criminal legislation which will outlaw the grooming of children to commit crime. In addition, we will continue to roll out the Greentown initiative which is designed to target those children most at risk of being recruited by criminal gangs.
I also intend to bring forward legislation shortly which will increase the sentence for conspiracy to murder from ten years to life in prison. These new laws will ensure that An Garda Síochána and our Courts have the tools they need to take firm and decisive action to deal with our most serious criminals.
551. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which the number of crimes committed by persons while on bail has reduced annually over the past six years, if at all; if previous legislation has been instrumental in this regard; if further legislation is contemplated; and if she will make a statement on the matter. [36249/22]
Amharc ar fhreagra552. Deputy Bernard J. Durkan asked the Minister for Justice the degree to which the number of crimes being committed by persons while on bail has fluctuated in the past five years to date; and if she will make a statement on the matter. [36250/22]
Amharc ar fhreagraI propose to take Questions Nos. 551 and 552 together.
As the Deputy will appreciate, the restricting of a person’s liberty is a serious issue, given the Constitutional presumption that a person is innocent until proven guilty in a court of law.
While the State’s bail laws do provide for the refusal of bail in certain circumstances, the presiding judge is entirely independent in the exercise of their judicial functions and the decision to grant bail in a particular case is solely a matter for the judge.
As the Deputy may be aware, the Bail Act 1997, which followed the 1996 Constitutional Referendum on the issue, enabled a court to refuse bail for a person charged with a serious offence to prevent the risk of another serious offence being committed while on bail.
The State’s bail laws have been further strengthened on three more occasions, specifically by the Criminal Justice Act 2007, the Criminal Justice Act 2015, and most recently by the Criminal Justice Act 2017.
In considering whether to refuse bail under the 1997 Act, the Court is required to have regard to persistent serious offending by an applicant and, in specific circumstances, the nature and likelihood of any danger to a person or to the community from granting bail.
The 2017 Act provides for stricter bail terms for repeat serious offenders, including the use of curfews and strengthens Garda powers to deal with breaches of bail. If an individual fails to comply with any bail conditions, the judge will issue a bench warrant and this gives An Garda Síochána power to arrest and bring the person before the court to answer all charges relating to the bail.
While I am advised by An Garda Síochána that the State's amended bail laws have proven to be effective, all legislative provisions are kept under review in light of the existing provisions and safeguards relating to the granting of bail. However, I can inform the Deputy there are no immediate plans to introduce further bail legislation at this time, but I will keep the law under active review.
The table below shows the number of crime incidents reported in the specified year, the number of those incidents where the incident record indicated at least one of the persons associated with the incident as a ‘Suspected Offender’ were flagged as having being suspected of committing the offence while on bail.
|
Year |
Total Incidents |
Incidents Committed while on Bail |
Percentage |
|
2016 |
305,926 |
27,147 |
9% |
|
2017 |
317,412 |
30,575 |
10% |
|
2018 |
315,101 |
28,682 |
9% |
|
2019 |
317,871 |
34,010 |
11% |
|
2020 |
281,290 |
34,738 |
12% |
|
2021 |
285,307 |
30,932 |
11% |
|
2022* |
128,062 |
13,039 |
10% |
* Incidents reported up to and including 30-Jun-2022. Figures were collated based on data from PULSE as of 1:30am on the 01st July 2022. They are operational and may be liable to change. Crime counting rules are applied to incident counts.
553. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which she proposes to strengthen the law in regard to child sexual abuse; and if she will make a statement on the matter. [36251/22]
Amharc ar fhreagraThe Government takes the issue of sexual exploitation of children very seriously and there is comprehensive legislation in place to deal with these offences.
The Criminal Law (Sexual Offences) Act was enacted in early 2017. It is a wide-ranging piece of legislation which significantly enhances laws to combat the sexual exploitation and sexual abuse of children. Specific offences have been provided for in this Act to target the recognised steps in what is often a gradual process of grooming a victim.
Among the provisions of the 2017 Act are measures to strengthen significantly the existing criminal law in combating child exploitation and, in particular, to address the use of modern communication technologies as a tool which may lead to child sexual exploitation.
The Deputy will be aware that sophisticated grooming often involves seemingly innocent contact with, or befriending of, a child, perhaps through text messaging, social media or messaging apps. This may be followed by the exposure of the child to sexual images or content. Section 8 of the Criminal Law (Sexual Offences) Act 2017 provides for a specific offence of using information and communications technology to communicate with a child for the purposes of sexual exploitation. The offence allows An Garda Síochána to investigate and bring to justice online predators and carries a penalty of up to 14 years imprisonment.
Section 8 of the Sexual Offences Act 2017 also includes an offence of sending sexually explicit material to a child. This is in recognition that the intention behind this type of activity may be to expose the child to material with a view to developing the child’s familiarity with such material or activity so as to facilitate the production of pornography or to meet the child for the purposes of sexual exploitation. The penalty for this offence is up to 5 years imprisonment.
The Deputy will also be aware that child trafficking and exploitation (including the production of child pornography) are criminalised under the Child Trafficking and Pornography Act 1998, as amended by section 3 of the Criminal Law (Human Trafficking) Act 2008.
The Criminal Law (Sexual Offences) Act 2017 amended the Criminal Law (Sexual Offences) Act 2006 to raise the maximum penalty for engaging in a sexual act with a child who is under the age of 17 years from 5 to 7 years imprisonment. Furthermore, the 2017 Act amended the 2006 Act to raise the maximum penalty for attempting to engage in a sexual act with a child under the age of 17 years from 2 to 7 years imprisonment.
The Criminal Law (Sexual Offences) Act 2006, as amended, also provides that the maximum penalty for engaging in a sexual act with a child under the age of 15 years is life imprisonment and the same penalty applies to attempting to engage in a sexual act with a child under the age of 15 years.
Ireland ratified the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (known as the "Lanzarote Convention") on 21 December 2020. The Convention entered into force in relation to Ireland on 1 April 2021.
Part 2 of The Criminal Justice (Sexual Offences) Act 2017 which strengthens the law relating to the sexual exploitation of children, including child pornography, and criminalises the use of information and communication technology to facilitate such exploitation, ensures the State’s full compliance with criminal law provisions in the Convention.
The Criminal Law (Sexual Offences) (Amendment) Act 2019 introduces, inter alia, stricter penalties for repeat sexual offenders. The Act provides that where an offender is convicted of a sexual offence listed in a new schedule to the Criminal Law (Sexual Offences) Act 2017 (including a number of sexual offences against children) and is sentenced to imprisonment for a period of at least 5 years and is subsequently – within a period of 10 years – convicted of a further scheduled offence, the court shall, when imposing sentence for that offence, specify a term of imprisonment to be served by the person, that is no less than three quarters of the maximum penalty for the offence.
Where the maximum penalty is life imprisonment, the court shall impose a sentence of not less than 10 years imprisonment. However, the court has discretion not to apply the minimum sentence if it is satisfied that this would be disproportionate in all the circumstances of the case.
While there are currently no new legislative measures being advanced specifically in relation to child sexual abuse, I am bringing forward the Sex Offenders (Amendment) Bill which will strengthen the management of convicted sex offenders on release. I am of course committed to ensuring the law in this area is comprehensive and effective. As such, it is constantly kept under review and if further changes are identified as being needed, these will be brought forward.
The Deputy may also be aware of the European Commission’s new proposal, published in May this year, on tackling child sexual abuse online. This draft Regulation sets out comprehensive new requirements on online companies to assess and mitigate the extent to which their platforms are being misused for the purposes of child sexual abuse, both in terms of hosting material and the exploitation by abusers of their services for the purposes of grooming children. The Regulation will introduce provisions requiring companies to detect and report such material. It will also create a new EU Centre to coordinate the efforts of law enforcement agencies across the Union in tackling online child sexual abuse. I expressed my strong support for this new proposal to the European Commissioner for Home Affairs, Ylva Johansson, at the recent WeProtect Global Alliance summit on child sexual abuse in Brussels.
