Written Answers Nos. 383-398
383. Deputy Carol Nolan asked the Minister for Justice the status of the implementation of reforms to the duty of care legislation announced by her Department in May 2022; when businesses, community groups and voluntary groups will see an impact from the announced reforms; and if she will make a statement on the matter. [46714/22]
Amharc ar fhreagraInsurance 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.
In June of this year, 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 will reflect in primary legislation 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 Office of Parliamentary Counsel, working with my Department, will draft the legislative provisions which will be included as Committee Stage amendments to the Courts and Civil Law (Miscellaneous Provisions) Bill 2022.
384. Deputy Violet-Anne Wynne asked the Minister for Justice the status of the publication of the Family Courts Bill 2020; and if she will make a statement on the matter. [46752/22]
Amharc ar fhreagraI am determined to overhaul the operation of the family justice system, to ensure we have a more efficient and user-friendly family court system that puts the family at the centre of its work. This is a key commitment in my Justice Plan 2022.
The Programme for Government contains a commitment to enact a Family Court Bill to create a new dedicated Family Court within the existing court structure and provide for court procedures that support a faster and less adversarial resolution of disputes. The purpose of the legislation is the establishment of a dedicated Family Court to improve levels of judicial expertise and training in family law matters and streamline family law proceedings, thereby making them more user-friendly and less costly.
The General Scheme of the Family Court Bill has been referred to the Office of the Parliamentary Counsel and drafting is progressing with a view to publication of the Bill as soon as possible in this Dáil session.
385. Deputy James Lawless asked the Minister for Justice the status of visa applications by persons (details supplied); and if she will make a statement on the matter. [46762/22]
Amharc ar fhreagraI can advise the Deputy that the attached spreadsheet contains the current status, as of close of business 25 September 2022, of the applications referred to. These applications are processed by the Embassy of Ireland in Hanoi under delegated sanction from my Department.
The applicants that have been refused should be advised that an appeals process, which is free of charge, is available which allows applicants, in the event of a refusal of the application at first instance, to address the factors which gave rise to that decision. It is open to the applicants to appeal these decisions, in writing, within two months of the date of the refusal. Appeals must be in written form and sent to the Visa Appeals Officer in the relevant Visa Office. Faxed or emailed appeals will not be considered.
www.irishimmigration.ie/appeal-a-negative-decision/
When making an appeal, the applicants should take into account the reasons for refusal listed in the refusal letters. The appeals should include any further information or additional documentation they wish to have considered, and should be sent for the attention of the Visa Appeals Officer, in the relevant Visa Office, where the matter will be considered afresh. Full consideration will be given to any appeal received on behalf of the applicants, however the onus is on the applicants to satisfy the Visa Officer that visas should be granted.
It should be noted that the granting of a work permit by the Department of Enterprise, Trade and Employment (DETE) has no bearing on whether a visa will be subsequently granted. There are two very distinct application processes with different checks and procedures in place in each respective Department.
Based on the information supplied, it has unfortunately not been possible to locate the application for the last person referred to by the Deputy. If more information can be provided I would be happy to re-examine the Deputy’s request in relation to this person.
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.
|
Column1 |
APP NO |
Current status |
Column2 |
|
1 |
51175332 |
Granted |
19/09/2022 |
|
2 |
51175862 |
Granted |
19/09/2022 |
|
3 |
51176652 |
Granted |
19/09/2022 |
|
4 |
51177422 |
Granted |
19/09/2022 |
|
5 |
51178002 |
Refused |
20/09/2022 |
|
6 |
51178982 |
In processing |
|
|
7 |
51235642 |
In processing |
|
|
8 |
51179702 |
Granted |
20/09/2022 |
|
9 |
51147492 |
Refused |
20/09/2022 |
|
10 |
51151282 |
In processing |
|
|
11 |
51152842 |
Refused |
20/09/2022 |
|
12 |
51147782 |
Granted |
22/09/2022 |
|
13 |
51155062 |
Granted |
21/09/2022 |
|
14 |
51155402 |
Granted |
21/09/2022 |
|
15 |
51180242 |
Refused |
21/09/2022 |
|
16 |
51235872 |
Granted |
22/09/2022 |
|
17 |
51155842 |
Granted |
21/09/2022 |
|
18 |
51180482 |
In processing |
|
|
19 |
51154492 |
In processing |
|
|
20 |
51559112 |
Incorrect application number submitted / Please verify number |
386. Deputy Bernard J. Durkan asked the Minister for Justice when a full death certificate for a person (details supplied) will issue; and if she will make a statement on the matter. [46776/22]
Amharc ar fhreagraAs I am sure the Deputy is aware, coroners are independent statutory officers exercising quasi-judicial functions. Neither I nor my Department have any role in individual cases relating to death investigation.
However, to be of assistance, officials from my Department have made contact with the coroner concerned.
The coroner has confirmed that she is still awaiting the results of the post-mortem examination which was conducted on the deceased. Depending on the type of tests required, it can take up to six months for the results of a post-mortem examination to be received by the coroner. The coroner will be in touch with the bereaved family once these results are received.
387. Deputy Niamh Smyth asked the Minister for Justice the number of gardaí assigned to the drugs unit in the Cavan/Monaghan Garda division. [46793/22]
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 decisions on the deployment of personnel among the various Garda Divisions. As Minister, I have no role in these matters.
I am informed by the Garda authorities that at 31 August 2022, the latest date for which figures are available, there were 385 Garda members assigned to Cavan/Monaghan Division which represents an increase of 21% since end December 2016.
I am further informed that as of the same date there was 1 Garda and 1 Sergeant attached to the Drugs unit in Cavan/Monaghan Division.
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.
In the interests of transparency, further detailed information in relation to Garda numbers can be found on my Department’s website. This information is updated every month with the latest data provided by An Garda Síochána, and includes the number of Gardaí by station across the whole country.
The information can be found at the following link:
www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures
388. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 40 of 5 July 2022, the status of the Afghan Admissions Programme; and if she will make a statement on the matter. [46798/22]
Amharc ar fhreagra389. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 40 of 5 July 2022, the number of persons who have arrived in Ireland further to the Afghan Admissions Programme which opened in December 2021; and if she will make a statement on the matter. [46799/22]
Amharc ar fhreagra390. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 40 of 5 July 2022, when it is anticipated that all applications to the Afghan Admissions Programme will be processed; and if she will make a statement on the matter. [46800/22]
Amharc ar fhreagra391. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 40 of 5 July 2022, the total number of applications received for the Afghan Admissions Programme; the number refused; the number granted; and if she will make a statement on the matter. [46801/22]
Amharc ar fhreagraI propose to take Questions Nos. 388 to 391, inclusive, together.
In response to the humanitarian situation in Afghanistan, the Department of Justice remains focused on processing applications for family reunification made under all admission avenues, including the Afghan Admissions Programme for family members of Afghan nationals living in Ireland. A total of 528 applications have been received under the Programme. The applications continue to be assessed in a pragmatic and humanitarian manner with a view to issuing decisions as soon as possible.
In addition, since the beginning of August 2021 to 26 September 2022, a total of 140 join family visas have been approved for Afghan nationals and 77 family reunification applications have been approved.
A significant number of Afghan people have also been allocated places under the Irish Refugee Protection Programme (IRPP), which is under the remit of the Department of Children, Equality. Disability, Integration and Youth. My Department provides the visas to facilitate their travel to Ireland and almost 600 visa waiver letters have been issued to date.
392. Deputy Paul Donnelly asked the Minister for Justice the number of gardaí by rank attached to the Dublin Metropolitan Region west roads policing unit as of 1 January 2021 and 20 September 2022, in tabular form. [46825/22]
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. 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 the table below sets out the number of Gardaí attached to Roads Policing duty in DMR West Division at 31 December 2020 and at 31 August 2022, the latest date for which figures are available.
|
DMR West Division |
Inspector |
Sergeant |
Garda |
Total |
|
31-Dec-20 |
0 |
2 |
17 |
19 |
|
31-Aug-22 |
0 |
2 |
14 |
16 |
* The above information is based upon operational data which has been provided by An Garda Síochána and may be liable to change.
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:
An Garda Síochána – Your Police Service - Some facts and figures
393. Deputy Paul Donnelly asked the Minister for Justice if she met with the New York State Attorney during her recent visit to New York. [46826/22]
Amharc ar fhreagraI can inform the Deputy that I did not meet with the New York State Attorney during my recent visit to New York.
394. Deputy Paul Donnelly asked the Minister for Justice the number of gardaí by rank attached to the Garda dog unit as of 1 January 2021 and 20 September 2022, in tabular form. [46828/22]
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 decisions on the deployment of personnel among the various Garda Divisions. As Minister, I have no role in these matters.
I am informed that the Garda Dog Unit (GDU) is based at Kilmainham Garda Station, in the Dublin Metropolitan Region and has a National remit under the direction and control of Assistant Commissioner, Organised and Serious Crime, and the strategic control of Detective Chief Superintendent, Operational Support Services.
I am informed by the Garda authorities that the table below, which has been provided to me by the Garda authorities, sets out the number of Gardaí assigned to the Garda Dog Unit (GDU) at 31 January 2021 and at 22 September 2022.
|
Garda Dog Unit |
Garda |
Sergeant |
Total |
|
31 January 2021 |
15 |
2 |
17 |
|
22 September 2022 |
14 |
4 |
18 |
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 informed by the Garda authorities that approval has been received for the regionalisation of the Garda Dog Unit which would see an increase in numbers and an expansion of the Garda Dog Unit to all regions.
In the interests of transparency, further detailed information in relation to Garda numbers can be found on my Department’s website. This information is updated every month with the latest data provided by An Garda Síochána, and includes the number of Gardaí by station across the whole country.
The information can be found at the following link:
www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures
395. Deputy Paul Donnelly asked the Minister for Justice if the recruitment campaign for the recently announced additional Data Protection Commissioner’s posts will be advertised outside of the State or just within the State. [46829/22]
Amharc ar fhreagraThe Programme for Government commits to ‘recognise the domestic and international importance of data protection in Ireland’ and states that the Government ‘will ensure that Ireland delivers on its responsibilities under the General Data Protection Regulation’.
The Government is very conscious of the commitment to deliver effective data protection regulation and protection of the data privacy rights of EU citizens, which is critical to the development and growth of our digital economy. In dialogue with the Commission, and with other relevant Government Departments, my Department’s role is to ensure that it continues to have the resources required to fulfil its important, statutory obligations, under on-going review.
In line with this commitment, on 27 July, I announced that the Government had approved commencement of the process to appoint two additional Commissioners to support the evolving organisational structure, governance and business needs of the Data Protection Commission.
The appointments are to be made in accordance with Section 15 of the Data Protection Act 2018, which provides for up to three Commissioners to be appointed. Section 15(5) of the Act specifies that the Public Appointments Service shall recommend a person for appointment as Commissioner following an open selection competition held by the Service for that purpose.
As such, the advertisement and recruitment approach, including the extent to which the roles will be advertised internationally, is a matter to be determined in conjunction with the Public Appointments Service in due course. The terms and conditions of the appointments are subject to the agreement of the Minister for Public Expenditure and Reform.
Following the competition process, the appointments will then be made by the Government.
396. Deputy Paul Donnelly asked the Minister for Justice further to Parliamentary Question No. 736 of 12 July 2022, if she has received the necessary information from the Garda authorities. [46830/22]
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.
397. Deputy Patrick Costello asked the Minister for Justice when the public consultation on the disregarding of historical offences for the LGBT community will take place. [46873/22]
Amharc ar fhreagraAs the Deputy may be aware, I published a progress report from the Working Group to Examine the Disregard of Convictions for Certain Qualifying Offences Related to Consensual Sexual Activity between Men on Thursday, 5 May.
The Victorian-era laws which were repealed by the Criminal Law (Sexual Offences) Act 1993 caused immeasurable harm to generations of gay and bisexual men, criminalising and stigmatizing them simply because of their sexual orientation.
I am conscious that nearly 30 years later, the damage that was caused by these laws continues to impact negatively on too many people’s lives. While this harm can never be fully undone, I am strongly committed to bringing to Government and publishing a scheme to disregard convictions for qualifying offences prior to decriminalisation in 1993.
The purpose of the proposed public consultation is to allow representative organisations and affected people to provide input, based on their lived experience, on a number of key issues identified by the Working Group as requiring further input from affected communities, which will inform the Group’s final deliberations, and ensure more effective policy-making and implementation.
Since the publication of the Progress Report in May, work has been ongoing to progress the development of resources to enable an effective and accessible public consultation.
I am pleased to inform the Deputy that the public consultation will be launched in the coming weeks.
398. Deputy Patrick Costello asked the Minister for Justice the estimated timeline for spent convictions legislation as committed to in the Programme for Government; and if she will make a statement on the matter. [46874/22]
Amharc ar fhreagraThe Deputy will be aware that the Government commits in the Programme for Government to reviewing the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 and to broaden the range of convictions that are considered spent.
As part of this review process, a public consultation on spent convictions was launched in October 2020. Bespoke research on the approach to spent convictions internationally was also commissioned.
Informed by the consultation, other submissions received and international research, the Department has compiled a report aimed at identifying and assessing the possible implications of amending the 2016 Act so that the fairest possible outcomes can be achieved for the public.
I hope to be in a position to conclude the review over the coming period.
