Written Answers Nos. 367-382
367. Deputy Richard Boyd Barrett asked the Minister for Justice if she intends to reduce the size and capacity of the Criminal Assets Bureau during or after its move to a new premises; and if she will make a statement on the matter. [47469/22]
Amharc ar fhreagra371. Deputy Catherine Murphy asked the Minister for Justice if she will provide a breakdown by rank and grade of the number of personnel attached on a full-time and or permanent basis to the criminal assets' bureau in each of the years 2018 to 2021 and to date in 2022; if she will provide details on the allocation for 2023 and beyond; and if the Garda Commissioner has consulted and or engaged with her on a reduction and or contraction of the CAB. [46625/22]
Amharc ar fhreagra406. Deputy Paul Murphy asked the Minister for Justice if there are plans to reduce the size and capacity of the Criminal Assets Bureau in its move to a new premises; and if she will make a statement on the matter. [47134/22]
Amharc ar fhreagraI propose to take Questions Nos. 367, 371 and 406 together.
As the Deputy may be aware, the Criminal Assets Bureau (CAB) is a statutory body with staff drawn from An Garda Síochána, the Office of the Revenue Commissioners (including Customs), the Department of Social Protection and the Department of Justice.
The following tables set out the year-end authorised staffing levels at the Bureau in each of the following years, broken down by assigning agency and Grade / Rank.
I can inform the Deputy that there is no proposal to reduce the staffing of the Bureau. Competitions are currently underway to fill vacancies across all four agencies.
|
Agency |
31/07/2022 |
31/12/2021 |
31/12/2020 |
31/12/2019 |
31/12/2018 |
|
An Garda Síochána |
53 |
53 |
53 |
47 |
47 |
|
Dept Social Protection |
8 |
8 |
8 |
8 |
6 |
|
Revenue Commissioners |
17 |
17 |
17 |
17 |
17 |
|
Dept of Justice |
21 |
21 |
21 |
21 |
20 |
|
Grand Total |
99 |
99 |
99 |
93 |
90 |
|
Grade / Rank |
27/09/2022 |
31/12/2021 |
31/12/2020 |
31/12/2019 |
31/12/2018 |
|
Analyst/Accountant (AP) |
6 |
6 |
6 |
6 |
6 |
|
Assistant Principal |
4 |
4 |
4 |
4 |
3 |
|
Bureau Legal Officer |
1 |
1 |
1 |
1 |
1 |
|
Clerical Officer |
8 |
8 |
8 |
8 |
8 |
|
Det. Chief Superintendent |
1 |
1 |
1 |
1 |
1 |
|
Detective Garda |
40 |
40 |
40 |
34 |
34 |
|
Detective Inspector |
2 |
2 |
2 |
2 |
2 |
|
Detective Sergeant |
9 |
9 |
9 |
9 |
9 |
|
Detective Superintendent |
1 |
1 |
1 |
1 |
1 |
|
Executive Officer |
3 |
3 |
3 |
3 |
2 |
|
Higher Executive Officer |
24 |
24 |
24 |
24 |
23 |
|
Grand Total |
99 |
99 |
99 |
93 |
90 |
368. Deputy Jim O'Callaghan asked the Minister for Justice the number of citizenship applications that are in hand currently; the number of staff that are assigned to the processing of citizenship applications; and if she will make a statement on the matter. [46577/22]
Amharc ar fhreagraThere are approximately 26,800 naturalisation applications in progress at various stage of processing.
The Citizenship division of my Department, has 113 staff assigned across all grades with a whole time equivalent of 105.73.
My Justice Plan 2022 commits to developing a fully digital, customer-centric immigration service and to enhance the efficiency of our immigration system. In line with these commitments, a number of actions have been taken to reduce the impact on immigration processing times, including the introduction of online applications, a new customer service helpdesk and a new customer focused immigration website.
As a result of the introduction of the temporary statutory declaration process in January 2021, and the assignment of additional staff to the citizenship team, last year, 11,512 citizenship decisions were made. This is the highest number of decisions made annually since 2015 and reflects positively the significant changes undertaken to date.
For the first six months of 2022, almost 7,900 citizenship decisions have been issued, including 1,005 decisions on minor applications. This exceeds the total number of decisions on minor applications issued during the whole of last year, when 868 minor decisions were made.
Since 1 January 2022, new applicants for citizenship no longer have to submit their original passport with their application. Instead, they can provide a full colour copy of their entire passport, including the front and back covers. This is freeing up staff that up to now have been engaged in returning passports to applicants and will help to reduce processing times.
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.
369. Deputy Catherine Connolly asked the Minister for Justice the status of ML10 forms for persons who wish to open a bank account in circumstances in which they do not have a driving licence or passport; and if she will make a statement on the matter. [46620/22]
Amharc ar fhreagra370. Deputy Michael Lowry asked the Minister for Justice if her attention has been drawn to the fact that the number of members of An Garda Síochána who are willing to sign an ML10 form has dramatically declined (details supplied); if she plans to reform the way in which members of An Garda Síochána verify the identification of persons who do not currently possess or cannot obtain a driving licence, a passport, or a public services card or for persons who have no other obvious forms of identification; and if she will make a statement on the matter. [46623/22]
Amharc ar fhreagraI propose to take Questions Nos. 369 and 370 together.
I can advise the Deputy that, the ML10 form was rescinded by An Garda Síochána on 5 August. The forms had originally been introduced to support provisions under Section 32 of the Criminal Justice Act 1994 which were repealed when the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 was introduced. The Garda National Economic Crime Bureau (GNECB) formed the view that there was insufficient legal basis to support continued use of the forms.
I am advised that the Financial Intelligence Unit engaged on plans to rescind the ML10 with the Banking Payments Federation of Ireland and engaged separately with the Irish League of Credit Unions, Credit Union Development Association, Credit Union Managers Association and PAYAC.
The Deputy may be aware that the 2010 Act does not specify the types of documentation to be used by designated businesses (either financial or non-financial) for customer due diligence purposes.
The Central Bank of Ireland has issued Anti-Money Laundering guidelines which are available on their website – www.centralbank.ie/docs/default-source/regulation/amld-/guidance/anti-money-laundering-and-countering-the-financing-of-terrorism-guidelines-for-the-financial-sector.pdf?sfvrsn=9
The Central Bank is the competent authority responsible for supervising financial institutions under the 2010 Act.
The Central Bank has not included prescriptive / definitive examples of documentation that it considers would satisfy customer identification and verification requirements. It says that firms, in applying a risk-based approach, should maintain their own lists of documents, which they will accept, in satisfaction of this obligation and in accordance with relevant Sections 33 to 39 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 that set out obligations on customer due diligence.
Firms that are subject to regulation for money laundering purposes should set out in their written policies and procedures (which each designated business must have under section 54 of the Act) the documents and information which they are willing to accept and the circumstances under which they are willing to accept them in order to identify and verify the identity of their customer in circumstances where due diligence purposes must be carried out. Firms should retain records evidencing identity in either paper or electronic format. It is a matter for designated businesses to set out their policies and procedures in relation to identification and verification of their customers and to satisfy their supervisory body as to the adequacy of the arrangements.
The Banking Payments Federation of Ireland also publish guidance on documents that may be acceptable for the purposes of identification and verification in the context of customer due diligence. The guidance is available on their website - bpfi.ie/wp-content/uploads/2021/12/Final-BPFI-Guide-to-Opening-Bank-Accounts-in-Ireland-for-Protection-Applicants-Final.pdf
This guidance indicates that while passport and EU or Irish driving licence are accepted as standard forms of proof of identity, a bank will accept alternative documents as proof of identity, if the applicant does not have either a passport or a driving licence. These include, for example: Irish Residence Permit; Temporary Residence Certificate or Irish Government Travel Document (UN Issued.)
372. Deputy Matt Shanahan asked the Minister for Justice if her attention has been drawn to recent media, TV recordings of arrangement and incitement proceedings has clearly identified investigating Gardaí in numerous minutes of television and on-screen video coverage, while at the same time, defendants are allowed to cover their faces (details supplied). [46655/22]
Amharc ar fhreagraAs the Deputy is aware, the Garda Commissioner is responsible for the management and administration of An Garda Síochána.
I greatly value the role of the media in providing objective reporting, and that in my experience, the media are professional in how they undertake their duties.
We are all immensely grateful to members of An Garda Síochána for their outstanding dedication and commitment to serving the public and for the important role that they play in our society. I condemn, in the strongest possible way, any attacks, threats or intimidation of the men and women serving in An Garda Síochána and indeed other frontline services.
While the criminal law in this area is being kept under ongoing review, there are a range of robust legislative provisions available to the Garda authorities in circumstances where threats or assaults are made against Gardaí.
The Deputy may also be interested to know that the identity of a person convicted of a crime is protected in certain circumstances, for example, in the case of rape where the identification of the perpetrator would lead to the identification of the victim.
373. Deputy Thomas Gould asked the Minister for Justice the status of the visa application by a person (details supplied); and if he will ensure that this visa is processed in a swift manner. [46673/22]
Amharc ar fhreagraThe person referred to by the Deputy created an on-line Short Stay 'C' visa application on 1 September 2022. The supporting documentation and relevant fees were received on 5 September 2022 in the Riyadh office. This visa application was then forwarded to the Abu Dhabi Visa Office for further processing on 5 September 2022.
Processing of this application is ongoing at present. As each application is examined under it's own merits, we are unable to give an exact time-frame for completion. However, the applicant can be assured that there will be no avoidable delay in finalising their applications.
Visa applications are processed in order of receipt. Processing times can differ between application offices and application types. They may also vary during the year for example during peak travel holiday periods. In general, applicants can expect a decision for a short stay visit (tourist) visa approximately 8 weeks after receipt of a completed application.
Applicants are advised not to pay for airline or other travel tickets without having first been issued with a visa. The person referred to by the Deputy will be notified as soon as a decision has been reached by a Visa Officer.
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 (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 Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
374. Deputy Noel Grealish asked the Minister for Justice further to Parliamentary Question No. 619 of 11 May 2022, if she will provide the names and details of the sporting clubs that have been approved for immigrant investor programme investment; and if she will make a statement on the matter. [46674/22]
Amharc ar fhreagraThe endowment option of the Immigrant Invertor Programme (IIP) is available to sporting clubs to seek funding under the terms of the scheme and a number of sporting clubs have been approved for IIP funding to date.
My Department does not currently publish the details of individually approved IIP projects and the investments received, due to commercial sensitivities; however this issue is under review.
The Immigrant Investor Programme (IIP) was introduced in April 2012 to encourage inward investment and create business and employment opportunities in the State. The programme provides investors with the opportunity to invest in Ireland. Key to the programme is that the investments are beneficial for Ireland, generate or sustain employment and are generally in the public interest.
The IIP offers four investment options for potential investors.
- Enterprise Investment: A minimum of €1 million invested in an Irish enterprise for a period of at least three years;
- Investment Fund: A minimum of €1 million invested in an approved investment fund for a period of at least three years. Such funds must be approved and regulated by the Central Bank;
- Real Estate Investment Trusts: A minimum investment of €2 million in any Irish REIT that is listed on the Irish Stock Exchange, for a period of at least three years; and
- Endowment: A minimum €500,000 (or €400,000 where five or more applications are received) philanthropic donation to a project which is of public benefit to the arts, sports, health, culture or education in Ireland.
The criteria applied when assessing applications under the IIP is set out in the guidance published on my Department's immigration website at: www.irishimmigration.ie/coming-to-live-in-ireland/i-want-to-invest-in-ireland/
375. Deputy Peadar Tóibín asked the Minister for Justice the number of Gardaí per capita in each county in the State; and if she will ensure that she facilitates the increase of Garda resources into counties that have had the largest increase in population as a result of the latest Census data. [46687/22]
Amharc ar fhreagraThe Government is committed to ensuring that An Garda Síochána has the resources it needs, with the unprecedented allocation of over €2 billion provided for in 2022.
As you will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes responsibility for the deployment of Garda members throughout the State. As Minister, I have no role such matters.
I am assured that Garda management keeps the distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimal use. I understand that it is a matter for the Divisional Chief Superintendent to determine the 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 on 31 August 2022, the latest date for which figures are available, there were 14,283 Garda members across the country. The table below outlines the Garda strength per head of population by county as of 31 August 2022.
The Garda authorities further advise that the table below contains preliminary figures provided by the Central Statistics Office for Census 2022.
|
Garda Strength 31/08/2022 |
Preliminary 2022 figures |
Ratio - 1 member per |
|
|
CARLOW |
112 |
61,931 |
553 |
|
CAVAN |
206 |
81,201 |
394 |
|
CLARE |
312 |
127,419 |
408 |
|
CORK TOTAL (City, North, West) |
1,348 |
581,231 |
431 |
|
DMR Total (North, N Central, South, S Central, East, West) |
3,912 |
1,450,701 |
371 |
|
DONEGAL |
448 |
166,321 |
371 |
|
GALWAY |
618 |
276,451 |
447 |
|
KERRY |
349 |
155,258 |
445 |
|
KILDARE |
441 |
246,977 |
560 |
|
KILKENNY |
221 |
103,685 |
469 |
|
LAOIS |
219 |
91,657 |
418 |
|
LEITRIM |
105 |
35,087 |
334 |
|
LIMERICK |
600 |
205,444 |
342 |
|
LONGFORD |
139 |
46,634 |
335 |
|
LOUTH |
404 |
139,100 |
344 |
|
MAYO |
321 |
137,231 |
427 |
|
MEATH |
330 |
220,296 |
668 |
|
MONAGHAN |
179 |
64,832 |
362 |
|
OFFALY |
165 |
82,668 |
501 |
|
ROSCOMMON |
159 |
69,995 |
440 |
|
SLIGO |
190 |
69,819 |
367 |
|
TIPPERARY |
399 |
167,661 |
420 |
|
WATERFORD |
381 |
127,085 |
334 |
|
WESTMEATH |
254 |
95,840 |
377 |
|
WEXFORD |
340 |
163,527 |
481 |
|
WICKLOW |
310 |
155,485 |
502 |
|
Total Operational Divisions Strength |
12,462 |
5,123,536 |
411 |
|
Headquarters, College & National/Specialist units |
1,821 |
5,123,536 |
2,814 |
|
TOTAL STRENGTH |
14,283 |
5,123,536 |
359 |
As the Deputy will appreciate, Garda numbers nationwide can be affected by a number of factors, including retirements, medical discharges and resignations. The impact of policing measures and other steps to support the public health response to the COVID-19 pandemic has also had an exceptional impact across the country over the past two years
376. Deputy Peadar Tóibín asked the Minister for Justice the ten largest towns in the State without a Garda station; and the ten largest towns in the State without a full-time Garda station. [46688/22]
Amharc ar fhreagraAs 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 An Garda Síochána. As Minister, I have no role.
I am advised by the Garda authorities that An Garda Síochána does not hold the information as requested in the Deputy's question.
For the Deputy's information, and in the interest of transparency, detailed figures relating to the Garda workforce are published on my Department's website and updated every month.
www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures
377. Deputy Peadar Tóibín asked the Minister for Justice the detection rates for each crime area or Garda division for each of the past five years. [46689/22]
Amharc ar fhreagraAs the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics. The CSO produces these statistics using data recorded on An Garda Síochána’s PULSE system and makes regular releases under reservation in relation to various crime statistics. The CSO also continues to work with An Garda Síochána to address quality issues in the underlying sources used to compile the statistics.
The Deputy may be interested to note that crime statistics are available on the CSO website www.cso.ie. The recorded crime statistics show crime trends in each Garda region, division and station.
378. Deputy Peadar Tóibín asked the Minister for Justice the number of hate crimes that have been recorded in each county for each of the past five years. [46690/22]
Amharc ar fhreagraIreland has become a more diverse and welcoming country in recent decades and I strongly condemn the actions of the small minority of people who subject others to abuse or attack resulting from their own prejudice. These types of attacks cannot, and will not, be tolerated.
I am advised by the Garda authorities that Hate Crime statistics for 2021 are published on the Garda website. 2021 was the first full reporting year since the implementation of new definitions and recording practices in late 2020. Comparison with prior years is not possible.
To be of assistance, I can advise the Deputy that there were 448 hate crimes and hate related (non-crime) incidents recorded in 2021 broken down as follows, 389 hate crimes and 59 hate related (non-crime) incidents.
Figures broken down by Garda division are available at the following link - www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/news-media/an-garda-siochana-2021-hate-crime-data-and-related-discriminatory-motives.html
Separately, as the Deputy will be aware, we are currently developing legislation which will update existing laws on incitement to hatred and introduce hate crime laws for the first time.
A new Bill, which is expected to be published in the coming weeks, will create new, aggravated forms of certain existing criminal offences where those offences are motivated by prejudice against a protected characteristic.
The Bill will also strengthen the law around incitement to hatred - or hate speech – by reflecting the current context more accurately; including online hateful content. Offences will include inciting hatred against a person or persons because they are associated with a protected characteristic, and dissemination or distribution of material inciting hatred.
The protected characteristics that underpin the new legislation are race; colour; nationality; religion, ethnic or national origin; sexual orientation; gender (including gender expression or gender identify); and disability.
Development of this legislation follows a comprehensive consultation process that began in 2019 and included public events across Ireland, along with surveys, consultation and engagement with people with lived experience of the impact of hate speech and hate crime.
The text of the new legislation is currently in the final stages of drafting, and it is expected to go to Government for approval in the coming weeks.
379. Deputy Peadar Tóibín asked the Minister for Justice the number of operational members in An Garda Síochána who have an automatic number-plate recognition device; and the proportion that this number is of all Gardaí who require the device. [46691/22]
Amharc ar fhreagraAs the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including operational policing matters. As Minister, I have no direct role in relation to these matters.
I am informed by the Garda authorities that the Automatic Number Plate Recognition (ANPR) facility on Garda mobility devices is currently in a pilot phase. I am also informed that there are currently 192 Garda members who have the ANPR App activated on their mobility devices.
I am advised that consideration will be given to rolling out ANPR App further on conclusion of the pilot phase assessment.
380. Deputy Ruairí Ó Murchú asked the Minister for Justice if her attention has been drawn to difficulties regarding the payment of fees for citizenship applications from spouses and civil partners of Irish citizens living in Northern Ireland and who are intending to reside on the island of Ireland (details supplied); and if she will make a statement on the matter. [46701/22]
Amharc ar fhreagraAt this time my Department can only accept payments made in Euro currency for naturalisation applications.
The fees to be paid by an applicant for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011). The application fee, stipulated at €175, is payable on application for a certificate of naturalisation and a certification fee is payable on the issue of a certificate of naturalisation.
The standard certification fee is set at €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of recognised refugees and stateless persons, there is no certification fee.
The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended, and all applications are processed in line with the eligibility criteria as set out under the Act. Each application is 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 and the appropriate fees paid.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
381. Deputy Cormac Devlin asked the Minister for Justice the number of arrest warrants received by An Garda Síochána from Dublin District Court and the Dublin District Family Court by category and by DMR division in 2020, 2021 and to date in 2022; the number that were executed during the same period and the number outstanding by category on 18 September 2022, in tabular form; and if she will make a statement on the matter. [46708/22]
Amharc ar fhreagraAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including operational policing matters. As Minister, I have no direct role.
I am advised by the Garda authorities that a search of the PULSE database was conducted on 22 September 2022 to identify any warrant of type ‘Arrest Warrant’ issued since 1 January 2020 and with a Dublin District Court listed.
I am informed by the Garda authorities that due to low volumes, it is not possible to provide a breakdown below regional level.
The count of unique arrest warrants issued per year and the count of those with status of ‘Executed’ , for the DMR, is set out in the table below.
|
Arrest Warrant |
Year Issued - 2020 |
Year Issued - 2021 |
Year Issued 2022 (up to 21 September 2022) |
|
Issued |
60 |
54 |
35 |
|
Executed |
37 |
26 |
20 |
Figures are according to the PULSE system as of 05.00am on 22 September 2022.
382. Deputy Cormac Devlin asked the Minister for Justice the number of arrests made by An Garda Síochána on foot of a complaint regarding the breach of protection orders and safety orders by DMR division in each of the years 2020, 2021 and to date in 2022, in tabular form; and if she will make a statement on the matter. [46709/22]
Amharc ar fhreagraAs 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 An Garda Síochána, which includes operational policing matters. As Minister, I have no direct role.
I am informed by the Garda authorities that a search of the PULSE database was conducted on 20 September 2022 to identify Prisoner Logs created since 01 January 2020 whereby the associated PULSE Incident was a Breach of Protection Order or Breach of Safety Order and the Custody Division was within the Dublin Metropolitan Region.
The count of unique prisoner logs per entry year by Garda Division is as follows:
|
|
Arrest Year |
||
|
Custody Division |
2020 |
2021 |
2022 |
|
D.M.R. Eastern |
68 |
59 |
26 |
|
D.M.R. North Central |
51 |
56 |
35 |
|
D.M.R. Northern |
206 |
196 |
119 |
|
D.M.R. South Central |
107 |
67 |
47 |
|
D.M.R. Southern |
249 |
220 |
147 |
|
D.M.R. Western |
244 |
279 |
167 |
|
Grand Total |
925 |
877 |
541 |
Figures are according to the PULSE system as of 5am on 20 September 2022. Figures for year 2022 relate to 01 January to 19 September 2022.
