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Tuesday, 27 Sep 2022

Written Answers Nos. 399-414

Legislative Programme

Ceisteanna (399)

Patrick Costello

Ceist:

399. Deputy Patrick Costello asked the Minister for Justice the timeline for legislation on the Independent Commission on Information Retrieval Bill which has been on the legislative programme for several sessions but no heads have been published to date. [46886/22]

Amharc ar fhreagra

Freagraí scríofa

The Stormont House Agreement, concluded by the two Governments and the Northern Ireland Parties in December 2014, provides for a framework of measures to address the legacy of troubles-related violence in Northern Ireland. The framework of measures agreed include the establishment of the Independent Commission on Information Retrieval (ICIR).

Given the cross-border nature of the ICIR, in September 2015, the Government signed an International Agreement with the British Government on the establishment of the Independent Commission for Information Retrieval (ICIR). The development of proposals for legislation to establish the ICIR in this jurisdiction have been progressed, in close cooperation with the Department of Foreign Affairs, and Heads of Bill are well advanced. However, ICIR will require legislation to be enacted in both jurisdictions with parallel provisions in order for it to come into effect, which is presenting a particular difficulty at the current time.

As the Deputy will be aware, the UK Government published the Northern Ireland Troubles (Legacy and Reconciliation) Bill in May. The Bill has passed through the House of Commons and is currently being considered by the House of Lords. The Bill does not provide for an Independent Commission for Information Retrieval as set out in the Stormont House Agreement and therefore our legislation cannot be progressed at this time. The Irish Government has expressed its opposition to this legislation, as have all political parties in Northern Ireland, the Northern Ireland Commission for Human Rights, many victims groups and others.

The Government will continue to engage and work with the British Government and the parties in Northern Ireland on this very important issue.

An Garda Síochána

Ceisteanna (400)

Josepha Madigan

Ceist:

400. Deputy Josepha Madigan asked the Minister for Justice the number of incidents of suspected drink spiking reported to An Garda Síochána in 2021 and to date in 2022 nationally; if any charges were made in relation to the reported incidents; and if she will make a statement on the matter. [46946/22]

Amharc ar fhreagra

Freagraí scríofa

I 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.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Questions No. 400 and 401 of 27 September 2022 where you sought:
the number of incidents of suspected drink spiking reported to An Garda Síochána in 2021 and to date in 2022 nationally; if any charges were made in relation to the reported incidents; and if she will make a statement on the matter.
and
the number of incidents of suspected needle spiking reported to An Garda Síochána in 2021 and to date in 2022 nationally; if any charges were made in relation to the reported incidents; and if she will make a statement on the matter.
As you will recall, I had sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand.
Spiking a person’s drink or spiking someone by injection are obviously very serious offences. They are, in effect, poisoning and they are criminal offences, under the Non-Fatal Offences Against the Person Act 1997, that can result in a three year prison term.
I can assure the Deputy that any incident of this type of crime, including those with evidence to suggest a link with ‘spiking’, will be investigated by either local Gardaí supported by, or attached to, Divisional Protective Services Units.
As the Deputy will appreciate, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of Garda business, including the direction of investigation priorities and the management of the PULSE system. As Minister, I play no role in these independent functions.
I have been advised by the Garda authorities that identifying incidents which involve drink or needle spiking is dependent on the use of keywords in the incident narrative or investigation notes recorded on PULSE. These free text entries may refer specifically to drink- or needle-spiking, or may refer to the possibility of spiking without any reference to method.
I am advised by the Garda authorities that the table below shows the number of crime incidents reported to An Garda Síochána between 1 January 2021 and 21 September 2022 in which the injured party indicated that they may have been spiked.

Reported 2021

Reported 2022*

Drink-related

26

40

Needle-related

36

24

Method Unspecified

<10

11

1 January to 21 September only

From these reported incidents, a Charge Sheet or Summons has been created in relation to fewer than 10 incidents as of 22nd September 2022.
Figures are based on operational data obtained from PULSE on 22 September 2022. I am informed that crime counting rules are not applied and all figures are operational and liable to change. Counts are based on the presence of key-text within the incident narrative and claims made by the injured party only and do not consider incident type or the result of any toxicology testing in relation to the incident.

An Garda Síochána

Ceisteanna (401)

Josepha Madigan

Ceist:

401. Deputy Josepha Madigan asked the Minister for Justice the number of incidents of suspected needle spiking reported to An Garda Síochána in 2021 and to date in 2022 nationally; if any charges were made in relation to the reported incidents; and if she will make a statement on the matter. [46947/22]

Amharc ar fhreagra

Freagraí scríofa

I 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.

Departmental Appointments

Ceisteanna (402)

Ivana Bacik

Ceist:

402. Deputy Ivana Bacik asked the Minister for Justice further to Parliamentary Question No. 1423 of 8 September 2022, if she will confirm when the national guidelines were published; and the location in which they can be accessed. [46959/22]

Amharc ar fhreagra

Freagraí scríofa

As mentioned in my reply to Parliamentary Question No. 1423 of 8 September 2022, each Council of Europe State Party must ensure that the national selection procedure leading to the nomination of candidates for GRETA is either in accordance with published national guidelines or is otherwise transparent and designed to lead to the nomination of the most qualified candidates.

There are no published national guidelines but, for the information of the Deputy, I can share the following link on the CoE website which includes the rules for nominating someone to be put forward for GRETA membership - Rules on the election procedure of the members of the Group of Experts on Action against Trafficking in Human Beings (GRETA): search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805c7260

I can reaffirm for the Deputy that we are complying with these GRETA guidelines and that our process is transparent.

Departmental Expenditure

Ceisteanna (403)

Peadar Tóibín

Ceist:

403. Deputy Peadar Tóibín asked the Minister for Justice the number of buildings that are in the ownership, use or rental of her Department in which non-essential lighting is left on overnight; the estimated total cost of same; if she plans to request that all non-essential lighting is switched off after work has ceased. [46960/22]

Amharc ar fhreagra

Freagraí scríofa

My Department conducts its operations in 10 buildings which are either State owned or rented or leased by the Office of Public Works (OPW) on behalf of my Department. As part of its overall commitment to energy saving and the climate agenda, steps have been taken to eliminate the use of non-essential lighting, where appropriate and safe to do so, such as switching off lighting used to illuminate the exterior of buildings at night. Internal lighting is routinely switched off when buildings are being secured for the night.

As billing is done on the basis of an entire building it is not possible for the cost of individual measures to be broken down as requested.

For the Deputy's information, in 2020 the public sector achieved its ambitious target to attain a 33% energy efficiency improvement, compared to an overall economy target of 20%. There will now be a concerted effort across the public sector to continue this leadership role in reducing energy use.

As the Deputy will be aware, Cabinet recently approved a suite of energy-efficiency measures across the public sector. All public sector bodies will take a leading role in lowering their energy consumption and costs by implementing the Reduce Your Use energy efficiency campaign.

The Reduce Your Use energy efficiency campaign is designed to target reductions in energy use including targeted reductions in energy use by public sector bodies, through simple and easy to implement measures.

Public sector bodies will be required to set temperatures to a guideline 19 degrees where appropriate, turning off heat in office buildings at least 1-2 hours before the buildings close and ensuring that there is no non-security/safety lighting in use after 8:00pm. However, this requirement allows for consideration of the public service being delivered at that location, and the suitability of reducing temperatures in particular circumstances.

It is expected that this campaign can deliver 5-10% energy savings overall across the sector, and up to 15% in buildings.

Immigration Status

Ceisteanna (404)

Gary Gannon

Ceist:

404. Deputy Gary Gannon asked the Minister for Justice if she will advise on an immigration issue of a person (details supplied). [47006/22]

Amharc ar fhreagra

Freagraí scríofa

It is open to the person concerned, who would already have been granted the Stamp 1G for a period of 2 years, to request an extension of their current immigration permission by writing to Unit 1, Domestic Residence and Permissions Division, Immigration Service Delivery, Department of Justice, 13-14 Burgh Quay, Dublin 2, DO2 XK70 or by email to unit1residencedivision@justice.ie

Any application submitted should be supported with documentary evidence showing employments secured and continuing efforts to secure employment.

The Third Level Graduate Programme provides that when an applicant has completed their studies in Ireland and gained an award at Level 8 on the National Framework of Qualifications (NFQ) or above, that person may qualify for a Stamp 1G for 12 months. Where an individual receives an award at Level 9 NFQ, they may qualify for a Stamp 1G for up to 24 months subject to the overall limit of 8 years on student conditions that applies.

Graduates at level 9 NFQ or above who qualify for a Stamp 1G permission will be granted the permission for 12 months initially. This can be renewed for a further period of twelve months, subject to the overall eight year limit on student conditions not being exceeded.

A Stamp 1G is granted or renewed under the Third Level Graduate Programme where the graduate satisfies the immigration authorities that he or she has taken appropriate steps to access suitable graduate level employment, for example, attendance at job interviews, signing up with graduate employment agencies etc.

Departmental Reviews

Ceisteanna (405)

Catherine Murphy

Ceist:

405. Deputy Catherine Murphy asked the Minister for Justice if she will provide a schedule of the costs for all live studies, reviews and research projects undertaken or commissioned by her; and the details of the person or body that is conducting each study, review and research project in tabular form. [47049/22]

Amharc ar fhreagra

Freagraí scríofa

A schedule of the costs, and details of the person or body conducting the live studies, reviews and research projects undertaken or commissioned by my Department, and the scheduled completion date of each, are outlined in tabular form below.

Study/Review/Research

Scheduled Completion Date

Cost

Organisation/person

Review on Digital Age of Consent provision within the Data Protection Act, 2018

2023

€0

Department of Justice

Review of personal insolvency legislation.

Q3 2022

€0

Department of Justice

Study on Familicide and Domestic Homicide Reviews (established May 2019).

Q3 2022

As the review is ongoing, costs have yet to be finalised.

Maura Butler

Mapping exercise of the current provision of training for members of An Garda Síochána, legal professionals, front line staff and others who are engaging with victims of sexual crime and vulnerable witnesses in a professional capacity (Supporting a Victim’s Journey).

Q3 2022

€19,956.75

Connect the Dots

Rapid Evidence Review: Understanding reoffending – Push factors and preventative responses.

Q3 2022

€25,830

Portsmouth University

Policy review of the General Scheme of the Criminal Justice (Community Sanctions) Bill 2014.

Q3 2022

€0

Department of Justice and Probation Service

Health Needs Assessment of Prison Population Report.

Q4 2022

€273,700

Crowe Ireland

(Commissioned by Irish Prison Service)

The High Level Review Group to consider the role of An Garda Síochána in the public prosecution system.

Q4 2022

€31,980

Mageean Law

Anti-Social Behaviour: to map out how anti-social behaviour has been defined (recognising it is a contested concept) and map out interventions and their effectiveness.

Q3 2022 (completed and published 16/09/2022)

€28,994

University of Galway

Approaches to the Concept of Parental Alienation in other jurisdictions.

Q4 2022

€30,750

Research Matters

Evaluation of Domestic Violence Perpetrator Programmes in Ireland.

Q1 2023

€24,867

Working With Perpetrators (WWP) European Network

Review of the Processing of Sexual Offences: Stakeholder Experiences

Q4 2022

€30,714

UCD School of Law

The OECD has been engaged to carry out an evidence-based research project to assist the Judicial Planning Working Group in its deliberations. The aim of this research project is to provide an evidence-based view of the experiences of other OECD jurisdictions in regard to judicial resource requirements and to make recommendations as to how Ireland should resource its judiciary.

Q4 2022

€130,000

OECD

Annual 'Year in Review' report on the overall issue of cyberbullying, cyber hate, and online harassment, conducted by the Research Observatory on Cyberbullying in conjunction with the commencement of the Harassment, Harmful Communications and Related Offences Act.

Q1 2022,

Q1 2023,

Q1 2024

€181,881

Dublin City University National Anti-Bullying Research and Resource Centre

The Review of Part 4 of the Criminal Law (Sexual Offences) Act 2017.

Q4 2022

€32,000

Maura Butler

Review of the operation of the provisions of the Guardianship of Infants Act 1964 as they relate to guardianship of children whose parents are neither married or in a civil partnership.

Q4 2022

€29,224

University of Galway, School of Law

Cost-Benefit Analysis (CBA) / Multi-Criteria Analysis (MCA) in the area of litigation costs to the State: this aims to identify and cost alternative models for litigation.

Q4 2022

€168,326

Indecon International Consultants

Independent Review of the Offences Against the State Acts.

Q4 2022

As the review is ongoing, costs have yet to be finalised.

Mr Justice Michael Peart (Chair), Dr Alan Greene, Ms Anne-Marie Lawlor SC, Ms Caitlín Ní Fhlaitheartaigh, Professor Donncha O’Connell, Mr Ken O’Leary

Evaluation of Joint Agency Response to Crime (JARC) ACER Regional Sites.

Q3 2022

€29,305

Sector 3 Consulting Ltd

Evaluation of Joint Agency Response to Crime (JARC) ACER Initial Sites (Dublin).

Q3 2022

€30,689

Sagaciti Consulting Ltd

Review of the existing functions, powers, appointments procedures and reporting processes of Prison Visiting Committees

Q4 2022

€0

Department of Justice

Review on sentence tariffs for minimum periods of imprisonment in relation to life sentences

Q1 2023

€0

Department of Justice

Review of remission and structured temporary release

Review has commenced in Q3 2022 – No scheduled completion date at present

€0

Department of Justice

Exploring the experiences of International Protection Applicants (and other stakeholders) of access to the labour market.

Q4 2022

€117,926

Ipsos MRBI

Review of enactments providing for the imposition of minimum mandatory sentences in accordance with Section 29 of the Judicial Council Act, 2019.

Q4 2022

€0

Department of Justice

Evaluation of the Garda Youth Diversion Projects.

Q4 2022

€108,953

Research Matters

Sexual Violence Survey: to measure the prevalence of sexual assaults and the experiences of victims of sexual assaults. This is being run by the CSO, but is being supported by the Department and there is a joint oversight group.

Q2 2023

€2,116,000 (2019-2022)

Final cost for 2023 TBC

Central Statistics Office

Evaluation of the Local Community Safety Partnership Pilots over 3 sites.

Q4 2023

€189,948 (2021-2023)

Centre for Effective Services

Fireworks campaign – pre and post campaign evaluation

Q4 2022

€5,750

Coyne Research

Strategic Review of Abhaile, the State-Funded Mortgage Arrears Resolution Service, commissioned by the Department of Social Protection and undertaken in conjunction with the Department of Justice.

Q4 2022

Costs are being met by the Department of Social Protection

Indecon

Review of the Current GSOC Operational Business Model and Recommendation on its Potential Future State

Q4 2022

€160,00

Grant Thornton

Report by legal historian outlining the type, availability and quality of publicly-available records that may support a scheme to disregard of convictions for certain qualifying offences related to consensual sexual activity between men in Ireland.

Q2 2022

€3,487.05

Dr Niamh Howlin

Review to identify all outstanding issues requiring reform of firearms rules/legislation

Q4 2022

€8,850

Department of Justice

Firearms Expert Committee

Q4 2022

€17,500

Total cost will be available in Jan 2023

Department of Justice

Question No. 406 answered with Question No. 367.

An Garda Síochána

Ceisteanna (407)

Mary Lou McDonald

Ceist:

407. Deputy Mary Lou McDonald asked the Minister for Justice the number of community gardaí assigned to three Garda stations (details supplied) in each of the years 2012 to 2021 and to date in 2022. [47141/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the general management and administration of the Garda organisation. This includes the deployment of Garda members throughout the State. As Minister, I have no direct role in these matters.

I am however 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 also understand that the allocation of resources and numbers required locally for Community Policing is solely the responsibility of the Divisional Officer.

The table below, which has been provided to me by the Garda authorities, sets out the number of Community Gardaí attached to Cabra, Bridewell and Mountjoy Garda Stations at 31 December 2012 and 2021, and at 31 August 2022 which is the latest date

for which figures are available.

Station

End December 2012

End December 2021

31 August 2022

Bridewell

26

16

9

Mountjoy

45

26

21

Cabra

7

7

5

*The above information is based upon operational data which has been provided by An Garda Síochána and may be liable to change.

The Deputy will also be aware that, to date, the official categorisation as a Community Garda has simply referred to those who are exclusively assigned to building relationships with local communities and civil society, including giving talks to schools, community groups and others.

It is important to note, however, that community policing is at the heart of An Garda Síochána and that all Gardaí have a role to play in community policing in the course of carrying out their duties.

Indeed, this is fundamental to the new Garda Operating Model recommended by the Commission on the Future of Policing in Ireland and currently being rolled out under 'A Policing Service for Our Future', the Government's implementation plan for the Commission's recommendations.

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

An Garda Síochána

Ceisteanna (408)

Mattie McGrath

Ceist:

408. Deputy Mattie McGrath asked the Minister for Justice the number of repossessions and evictions of a private house or property, which were attended by members of An Garda Síochána in each of the years 2018 to 2021 and to date in 2022, broken down per Garda district in tabular form; and if she will make a statement on the matter. [47145/22]

Amharc ar fhreagra

Freagraí scríofa

I 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.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 408 of 27 September 2022 where you sought:
“To ask the Minister for Justice the number of repossessions and evictions of a private house or property, which were attended by members of An Garda Síochána in each of the years 2018 to 2021 and to date in 2022, broken down per Garda district in tabular form.”
As you will recall, Minister McEntee sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand. The delay in responding to you is regretted.
As you are aware, in accordance with the Garda Síochána Act 2005 (as amended), it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána. As Minister, I have no direct role in these matters.
I am informed by the Garda Authorities that a specific incident type is not available on PULSE to capture such activity.
I can however inform the Deputy that the removal of individuals from property is not conducted by An Garda Síochána. Its role in relation to repossessions is to uphold the law in facilitating an order of the Court to be carried out safely, to ensure public order and to facilitate peaceful protests where they arise.
The law and procedures governing the execution of Court Orders are contained in the Enforcement of Court Orders Acts and the Rules of Court made thereunder and any dispute in relation to the enforcement of a Court Order is a matter for the Courts.

An Garda Síochána

Ceisteanna (409)

Mattie McGrath

Ceist:

409. Deputy Mattie McGrath asked the Minister for Justice the number of repossessions and evictions of a private house or property attendance requests that were made to An Garda Síochána in each of the years 2018 to 2021 and to date in 2022; the person or body that made the requests that is, distressed borrower or evictor, broken down per Garda district in tabular form; and if she will make a statement on the matter. [47146/22]

Amharc ar fhreagra

Freagraí scríofa

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 An Garda Síochána. As Minister, I have no role in relation to such matters.

I am advised by the Garda authorities that there is no structured incident or record type in PULSE for such Garda activity and therefore they are unable to provide a response to the Deputy's question.

The Deputy may also be aware that An Garda Síochána has no role in assisting evictions. The only obligation on An Garda Síochána is to prevent a breach of the peace as well as maintenance of public order.

Home Repossessions

Ceisteanna (410, 411, 412, 413, 414, 415)

Mattie McGrath

Ceist:

410. Deputy Mattie McGrath asked the Minister for Justice the number of repossession cases submitted by financial institutions to the courts since 2000 inclusive to date, against mortgagors, broken down by county and or district; if such cases are private-dwelling houses versus a commercial buy-to-let property; and if she will make a statement on the matter. [47149/22]

Amharc ar fhreagra

Mattie McGrath

Ceist:

411. Deputy Mattie McGrath asked the Minister for Justice the number of possession orders given by the courts against mortgagors broken down by county and or district since 2000 to date; and if she will make a statement on the matter. [47150/22]

Amharc ar fhreagra

Mattie McGrath

Ceist:

412. Deputy Mattie McGrath asked the Minister for Justice the total number of possession orders not granted against mortgagors broken down by county and or district since 2000 to date; and if she will make a statement on the matter. [47151/22]

Amharc ar fhreagra

Mattie McGrath

Ceist:

413. Deputy Mattie McGrath asked the Minister for Justice the current outstanding number of court possession or execution orders against mortgagors which are pending enforcement broken down by county and or district since 2000 to date; and if she will make a statement on the matter. [47152/22]

Amharc ar fhreagra

Mattie McGrath

Ceist:

414. Deputy Mattie McGrath asked the Minister for Justice the number of execution orders of those granted, notified to mortgagors broken down by county and or district since 2000 to date; and if she will make a statement on the matter. [47153/22]

Amharc ar fhreagra

Mattie McGrath

Ceist:

415. Deputy Mattie McGrath asked the Minister for Justice the number of execution orders completed against mortgagors; the number of execution orders extinguished via voluntary surrender; the number of execution orders accomplished by the abandonment of the dwelling by the mortgagor broken down by county or district in each of the years 2000 to 2021 and to date in 2022, in tabular form and if she will make a statement on the matter. [47155/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 410 to 415, inclusive, together.

Management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.

The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas at: oireachtasenquiries@courts.ie.

Therefore, I have referred your question to the Courts Service for their direct reply.

Question No. 411 answered with Question No. 410.
Question No. 412 answered with Question No. 410.
Question No. 413 answered with Question No. 410.
Question No. 414 answered with Question No. 410.
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