Written Answers Nos. 138-157
138. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the date that he is working towards to ratify the Optional Protocol of the Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [58451/22]
Amharc ar fhreagraIreland ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) on 20 March 2018. This marked an important milestone in a process to strengthen the rights of people with disabilities in Ireland that has gathered momentum since Ireland became a signatory to the Convention in 2007.
Ireland's approach to meeting the obligations of the UNCRPD is one of continuous advancement - each year moving forward on key reforms to consistently strengthen and uphold obligations and rights arising from the Convention.
I recognise the importance of the Optional Protocol to the UNCRPD. As the Deputy will be aware, the Optional Protocol is an international treaty that establishes procedures aimed at strengthening the implementation and monitoring of the Convention.
Ratification of the Optional Protocol is a commitment in the Programme for Government. The timeline for ratification was originally anticipated to follow the conclusion of Ireland’s first review period before the UN Committee.
Due to delays at UN level, Ireland’s appearance before the Committee will now be delayed. Due to this delay, Minister O’Gorman and I have indicated that we are open to the earlier ratification of the Optional Protocol.
My Department is currently working to scope out the requirements for earlier ratification. This scoping work is required due to the long-standing position of the state in relation to honouring international agreements. As a matter of foreign policy, Ireland does not enter into binding international treaties until we are confident that the obligations set out within can be complied with.
While I am not yet in a position to give an exact date for ratification, it is a priority for me to ensure that the Optional Protocol is ratified at the earliest possible date.
139. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth his views on removing the State’s reservation to the Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [58452/22]
Amharc ar fhreagraIreland ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) on 20 March 2018. This marked an important milestone in a process to strengthen the rights of people with disabilities in Ireland that has gathered momentum since Ireland became a signatory to the Convention in 2007. Both I, and the wider government, are committed to the advancement of rights under the UNCRPD, and progress in this area is a key focus of mine.
At the time of ratification, Ireland entered three reservations to Articles 12, 14 and 27 of the Convention.
As reported to the UN Committee in Ireland’s Initial State Report under the UNCRPD, under the declaration and reservation in respect of Article 12, Ireland has declared its understanding that the Convention permits supported and substituted decision-making arrangements that provide for decisions to be made on behalf of a person, where such arrangements are necessary, in accordance with the law, and subject to appropriate and effective safeguards. To the extent that Article 12 may be interpreted as requiring the elimination of all substitute decision-making arrangements, Ireland reserves the right to permit such arrangements in appropriate circumstances and subject to appropriate and effective safeguards. The rationale for this declaration and reservation is to ensure that difficulties are not encountered in the operation of provisions in Part 5 of the Assisted Decision-Making (Capacity) Act 2015, which allows for the appointment of a decision-making representative to take specified decisions on behalf of a person, strictly in line with that persons will and preference and in a manner supervised by the Decision Support Service, and for the taking of certain decisions by a court on behalf of a person in urgent and limited circumstances, as set out in the Act.
As further reported to the UN Committee in Ireland’s Initial State Report under the UNCRPD, in respect of Articles 12 and 14, Ireland recognises that all people with disabilities enjoy the right to liberty and security of the person, and a right to respect for physical and mental integrity on an equal basis with others. When ratifying the Convention, Ireland declared its understanding that the Convention allows for compulsory care or treatment of persons, including measures to treat mental disorders, when circumstances render treatment of this kind necessary as a last resort, and the treatment is subject to legal safeguards. The rationale behind this declaration is to preserve the insanity defence under the Criminal Law (Insanity) Act 2006, to preserve the unfitness to be tried process, and to allow for the treatment of persons who may be likely to cause harm to themselves or other under the Mental Health Act 2001. The Deputy will be aware that in relation to the Mental health Act 2001, significant reforms are planned in amending legisaltion being developed by the Department of Health.
While Ireland accepts the provisions of Article 27 of the Convention, it has entered a reservation that this Article is subject to the understanding that none of its obligations relating to equal treatment in employment and occupation shall apply to the admission into or service in any of the Defence Forces, An Garda Síochána, the Prison Service, the Fire Brigade, the Irish Coastguard, and the Ambulance Service. The rationale behind this reservation is to allow for the continued operation of appropriate occupational health assessments in recruitment to front line posts where there are particular requirements with regard to performance of duties. This arises in the case of operational roles in the Defence Forces, An Garda Síochána, the Prison Service, and the Emergency Services. The reservation is not intended to preclude recruitment of persons with disabilities into alternative and appropriate roles but rather it is accepting of the fact that an accident or fire scene, for example, may not be a safe or appropriate working environment for a person with certain types of disability. Part 5 of the Disability Act 2005 makes provision for certain conditions for the employment of people with disabilities in public service employment. It does not currently apply to the Defence Forces, the Garda Síochána or prison officers of a prison. Employment Exemptions are provided for in s. 37(5) of the Employment Equality Act as amended.
I can confirm that there are no plans to remove the State’s reservations at this time, as the rationale for these reservations has not changed.
140. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if he will update on the new report on rapid-build housing published by his Department. [57887/22]
Amharc ar fhreagraSince the Russian invasion of Ukraine in February 2022 and the activation of the Temporary Protection Directive immediately afterwards, over 59,000 people have been forced to leave their homes in Ukraine and have sought refuge here in Ireland. Approximately 47,000 of those are being provided with accommodation from the State.
In response to the crisis, the Government has sought to provide a range of accommodation solutions in every county in Ireland. This has primarily involved the contracting of hotels, guesthouses and B&Bs, but also has included the use of Scout Halls, Religious Congregations’ accommodation, vacant student accommodation and other locations. In addition, around 5,450 people displaced by the war in Ukraine have taken up places in the private homes of Irish people who have volunteered their rooms or vacant houses for use.
As part of this considerable national effort, the Government has also approved the construction of 500 rapid build homes, which will aim to provide accommodation to 2,000 individuals in family units. The Office of Public Works (OPW) is leading the development of this accommodation in conjunction with the Department of Children, Equality, Disability, Integration and Youth (DCEDIY).
The rapid build homes will be constructed on state owned land. To identify sites for the programme the Department of Housing, Local Government and Heritage (DHLGH) sought information from public authorities on potential sites in their ownership, which might be suitable for the installation of rapid build homes. On foot of the responses received, the Department provided a shorter list of potentially suitable sites to DCEDIY and OPW.
My Department is currently rolling out the first phase of the programme of rapid build homes with sites identified in Cork, Cavan, Tipperary, Sligo and Mayo. A comprehensive communications strategy is being rolled out for each of the sites that have been identified for the first phase. Much work has been carried out over the last number of weeks to brief Local Representatives and Local County Council officials on the programme. Work is now ongoing, in collaboration with the Local Authorities, to distribute information about the programme to the immediate areas surrounding the sites.
Further engagement with public representatives and communities will take place in the coming weeks and early in 2023 regarding the next phase of sites.
All rapid build sites will have roads, footpaths, street lighting and community facilities, including a play area and green spaces fully in line with Local Authority planning guidance. The rapid build homes will be highly energy efficient, durable units with a 60 year lifespan and the development of the sites will be conducted in an environmentally sustainable way to ensure that, post development, the site will enhance the local area. Construction disruption will be limited as the units are manufactured off site. DCEDIY will provide for the management and maintenance of the homes and sites once they are completed.
My Department is working with other Departments and Agencies to ensure the additional resources needed are in place. DCEDIY works closely with the Department of Health in relation to the healthcare needs of displaced people from Ukraine. The HSE has been notified of the proposed number of residents for each site and associated potential healthcare needs. The Department of Education is planning for the extra school places that may be needed. If the local school does not have enough places, alternative arrangements will be explored to bring occupant children to schools close by.
Given the emergency nature of this significantly accelerated programme, the development of modular homes to assist the Ukrainian humanitarian response will greatly support families fleeing from the war in their country.
For further information on the project please see attached briefing document and link to a gov.ie webpage www.gov.ie/en/publication/ef882-rapid-build-housing/
141. Deputy Pauline Tully asked the Minister for Further and Higher Education, Research, Innovation and Science further to Parliamentary Question No. 454 of 15 November 2022, the uptake on each of these courses over the past five years in tabular form; and if he will make a statement on the matter. [58305/22]
Amharc ar fhreagraThe information requested by the Deputy is contained in the attached spreadsheet, for the last five academic years available. This information was sourced from the HEA Student Records System (SRS), with the exception of Maynooth University MSc Psychology conversion course, which was sourced directly from the University. This programme commenced in 2019/2020 academic year.
142. Deputy Gary Gannon asked the Minister for Further and Higher Education, Research, Innovation and Science if his attention has been drawn to the halving of the student assistance fund from €16.2 million to €8 million, which has returned the budget allocation of the student assistance fund to pre-Covid levels; if he has any plans to address this issue through a further allocation of funds to the student assistance fund; and if he will make a statement on the matter. [58378/22]
Amharc ar fhreagraThe Student Assistance Fund (SAF) is a critical support which is allocated by my Department to higher education institutions (HEIs) through the Higher Education Authority. The fund has a dual focus, it is designed to support students from socio-economically disadvantaged backgrounds with ongoing needs for financial support and also to provide emergency financial assistance for students.
The SAF is available in publicly funded colleges, through the access offices, and is accessible to anyone who needs help with the day-to-day costs such as transport, rent, childcare, college materials etc.
In recognition of the cost of living financial challenges facing students and their families, the Government announced the allocation of an additional €8m to top up the Student Assistance Fund (SAF) in Budget 2023. This fund now stands at €17.1 million for the 2022/23 academic year.
This cost-of-living measure is part of a broader package to take effect before the end of 2022, where other measures to assist students and their families include:
- A once-off €1,000 state financial support towards the undergraduate student contribution fee for higher education students eligible for the free fees initiative;
- A once-off reduction of up to 33% in the contribution fee for apprentices;
- A once-off additional payment for all student maintenance grant recipients in December 2022;
- A once-off increase of €1,000 to students who are eligible for the post Graduate fee contribution grant.
143. Deputy Marc Ó Cathasaigh asked the Minister for Justice the status of a citizenship application by a person (details supplied); and if she will make a statement on the matter. [58189/22]
Amharc ar fhreagraThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department, with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. It will be submitted to me for decision in due course.
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.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
Applications are processed in chronological order by date received. Due to the high volume of applications currently on hand, regrettably, the median time for processing applications is 19 months.
However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.
In 2021, my Department issued 11,512 citizenship decisions, which is the highest number of decisions made since 2015, and reflects positively the significant changes undertaken to date.
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.
144. Deputy Marc Ó Cathasaigh asked the Minister for Justice the status of an application for a naturalisation certificate by a person (details supplied); and if she will make a statement on the matter. [58190/22]
Amharc ar fhreagraThe citizenship application of the person referred to by the Deputy was approved and their Certificate of Naturalisation was issued on 08 June 2007.
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.
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 additional staff assigned to the citizenship team, last year, 11,512 citizenship decisions were delivered, which is the highest number of decisions 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 minor decisions issued during the whole of last year (868 minor decisions).
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 also freeing up valuable staff that up to now have been engaged in returning passports to applicants and will also 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.
145. Deputy Jim O'Callaghan asked the Minister for Justice the number of persons that applied to the Garda recruitment campaign 2022; the number of these applicants that took the fitness test; and of these, the number that failed the test. [58247/22]
Amharc ar fhreagraI have requested the information sought by the Deputy from the Garda authorities, regrettably this was not available in time. I will write to the Deputy once the information is to hand.
146. Deputy Jim O'Callaghan asked the Minister for Justice if she will provide details of the number of fines applied to parents and guardians under section 113 of the Children’s Act 2001 in each of the past five years in tabular form. [58248/22]
Amharc ar fhreagraManagement 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.
Figures of this nature are recorded by the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.
147. Deputy Mattie McGrath asked the Minister for Justice the value of criminal legal aid claimed in each respective county under each of the various criminal legal aid schemes in each of the years 2012 to 2021 and date in 2022, in tabular form. [58263/22]
Amharc ar fhreagra148. Deputy Mattie McGrath asked the Minister for Justice the names and specific amount paid to the top ten solicitors or legal companies that were the recipients of free legal aid contracts or work from 2012 to 2021, in tabular form; and if she will make a statement on the matter. [58264/22]
Amharc ar fhreagra149. Deputy Mattie McGrath asked the Minister for Justice the names and specific amount paid to the top ten barristers or legal companies who were the recipients of free legal aid contracts or work from 2012 to 2021, in tabular form; and if she will make a statement on the matter. [58265/22]
Amharc ar fhreagra150. Deputy Mattie McGrath asked the Minister for Justice the specific amount of criminal legal aid, under each of the various criminal legal aid schemes that has been paid out to date in 2022; and if she will make a statement on the matter. [58266/22]
Amharc ar fhreagraI propose to take Questions Nos. 147, 148, 149 and 150 together.
As the Deputy is aware, Criminal Legal Aid is a vital element of the criminal justice system. The Criminal Justice (Legal Aid) Act 1962 gives expression to the Constitutional position that legal aid must be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid on application by the defence in court. My Department has no influence in the granting of legal aid or in the appointment of solicitors to a case.
Defence solicitors are either engaged privately by their client or appointed as part of Court proceedings. In relation to the latter, legal services are provided by private solicitors who have notified the relevant Court of their availability to undertake legal aid work. As per Regulation 4 of the Criminal Justice (Legal Aid) Regulations 1965 (S. I. No. 12 of 1965) each County Registrar is required to maintain a list of solicitors who are willing to act in that county for persons to whom certificates for legal aid are granted.
The Criminal Justice (Legal Aid) (Tax Clearance Certificate) Regulations 1999 (S. I. No 135 of 1999) provide that a solicitor who wishes to have their name added to, or retained on, the panel which is maintained by the County Registrar, must furnish a printed copy of their electronic Tax Clearance Certificate to the County Registrar(s) annually dated after 30 November of the year prior to which inclusion on the panel(s) is sought to be retained. My Department is responsible for the payment of fees and expenses to the legal practitioners.
Table 1 below sets out the amount of criminal legal aid, under each of the various criminal legal aid schemes that has been paid out to date in 2022:
Table 1:
|
Scheme |
Total Expenditure to Date |
|
Criminal Legal Aid |
€59,888,056 |
|
Custody Issues |
€4,101,813 |
|
Garda Station |
€1,261,957 |
|
CAB |
€39,257 |
The names and the amounts paid to the top ten solicitors or legal companies, and barristers or legal companies, that were the recipients of payments for the provision of legal aid for each of the years from 2012 to 2021 is set out in Table 2 attached.
Table 2: Table 2
It is not possible to provide the value of criminal legal aid claimed in each respective county under each of the various criminal legal aid schemes in each of the years 2012 to 2021 and to date in 2022 as data is not compiled in such a way as to make this information available.
151. Deputy Mattie McGrath asked the Minister for Justice the number of legal aid certificates issued in each of the years from 2012 to 2021 and to date 2022; and if she will make a statement on the matter. [58267/22]
Amharc ar fhreagraAt the outset, it is important to clarify that criminal legal aid and civil legal aid are separate services.
Criminal legal aid is granted by the Courts and concern the prosecution of criminal offences.
On the other hand, the Legal Aid Board provide civil legal aid. Civil matters concern disputes between party A and party B, or between party A and an organisation. Civil legal aid and advice does not cover when a person has been charged with a criminal offence.
Funding and administration of criminal legal aid is overseen by the courts while civil legal aid funding is managed by the Legal Aid Board.
As the Deputy may be aware, the Legal Aid Board is the independent statutory body responsible for the provision of civil legal aid and advice to persons of modest means in the State, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2021. To be of assistance, I have, however, asked the Legal Aid Board for the information sought so I can inform the Deputy of the following.
Civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the Legal Aid Board. There are 34 full-time and 3 part-time law centres. Specific law centres in Dublin, Cork and Galway include an international protection speciality. There are also dedicated units in Dublin dealing with personal injury and/or medical negligence cases and cases involving children at risk. In addition, family mediation services are provided through 10 full-time offices and 10 part-time offices.The Board also engages private solicitors to supplement the services provided by Board solicitors in certain areas of law on a case by case basis. Those areas of law are: District Court family law matters, Circuit Court judicial separation and divorce cases, international protection cases, and cases on foot of the Abhaile scheme.The Table below sets out the number of civil legal aid certificates granted each year by the Legal Aid Board from 2012 to 2021 and 2022 to date.
|
Year |
Number of legal aid certificates granted |
|
2022 (to 18 November) |
15,117 |
|
2021 |
12,553 |
|
2020 |
12,240 |
|
2019 |
15,442 |
|
2018 |
14,157 |
|
2017 |
12,239 |
|
2016 |
11,022 |
|
2015 |
10,691 |
|
2014 |
10,598 |
|
2013 |
10,745 |
|
2012 |
9,158 |
The Criminal Justice (Legal Aid) Act 1962 gives expression to the Constitutional right that free legal aid must be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid on application by the defence in court. My Department has no influence in the granting of legal aid or in the appointment of solicitors to a case.
Defence solicitors are either engaged privately by their client or appointed as part of Court proceedings. In relation to the latter, legal services are provided by private solicitors who have notified the relevant Court of their availability to undertake legal aid work. As per Regulation 4 of the Criminal Justice (Legal Aid) Regulations 1965 (S. I. No. 12 of 1965) each County Registrar is required to maintain a list of solicitors who are willing to act in that county for persons to whom certificates for free legal aid are granted.
The Table below sets out the number of criminal legal aid certificates granted each year by the Legal Aid Board from 2012 to 2021 and 2022 to date.
|
Year |
Number of Criminal Legal Aid Certificates issued in the District Court |
|
2022 (to October ) |
67,902 |
|
2021 |
80,831 |
|
2020 |
73,611 |
|
2019 |
79,346 |
|
2018 |
72,674 |
|
2017 |
64,181 |
|
2016 |
55,617 |
|
2015 |
53,937 |
|
2014 |
51,128 |
|
2013 |
49,843 |
|
2012 |
49,639 |
This figure relates to the District Court only as this is where the majority of certificates originate. There is no data available on criminal legal aid certificates issued in the higher Courts.
152. Deputy Pa Daly asked the Minister for Justice the breakdown by nationality of those who have applied for international protection to date in 2022, in tabular form. [58268/22]
Amharc ar fhreagraThe International Protection Office (IPO) of my Department is responsible for examining all international protection applications received. The staff of the IPO (the Chief International Protection Officer and the International Protection Officers) are independent by law in the exercise of their international protection functions.
The information sought by the Deputy with regard to the breakdown by nationality of those who have applied for international protection at the IPO from January 2022 to end October 2022, can be found in the table below.
|
Nationality |
Total |
|
Georgia |
2,300 |
|
Somalia |
1,409 |
|
Algeria |
1,318 |
|
Zimbabwe |
845 |
|
Nigeria |
837 |
|
Afghanistan |
618 |
|
South Africa |
369 |
|
Ukraine |
367 |
|
Botswana |
310 |
|
Egypt |
243 |
|
Pakistan |
189 |
|
Albania |
183 |
|
Morocco |
154 |
|
Congo, The Democratic Republic Of The |
145 |
|
El Salvador |
145 |
|
Bangladesh |
123 |
|
Sudan |
87 |
|
Brazil |
79 |
|
Malawi |
77 |
|
Syrian Arab Republic |
73 |
|
Sierra Leone |
69 |
|
Ethiopia |
68 |
|
Iraq |
65 |
|
Russian Federation |
61 |
|
India |
54 |
|
Ghana |
53 |
|
Iran (Islamic Republic Of) |
49 |
|
Nicaragua |
48 |
|
Swaziland |
45 |
|
Kenya |
39 |
|
Uganda |
39 |
|
Bolivia |
35 |
|
Eritrea |
34 |
|
Palestinian Territory, Occupied |
34 |
|
Turkey |
33 |
|
Tunisia |
32 |
|
Yemen |
31 |
|
Malaysia |
27 |
|
Cameroon |
25 |
|
Nepal |
25 |
|
Angola |
24 |
|
Venezuela |
23 |
|
Belarus |
20 |
|
Togo |
20 |
|
Jordan |
19 |
|
Libyan Arab Jamahiriya |
18 |
|
Mauritius |
17 |
|
Viet Nam |
16 |
|
Kuwait |
15 |
|
Lebanon |
15 |
|
Guatemala |
13 |
|
China (Including Hong Kong) |
11 |
|
Saudi Arabia |
10 |
|
Stateless |
10 |
|
United States Of America |
10 |
|
Burundi |
9 |
|
Myanmar |
9 |
|
United Kingdom |
9 |
|
Kosovo / UNSCR 1244 |
8 |
|
Honduras |
6 |
|
Israel |
6 |
|
Tanzania, United Republic Of |
6 |
|
Others |
111 |
|
Total |
11,142 |
153. Deputy Pauline Tully asked the Minister for Justice further to Parliamentary Question No. 21 of 20 October 2022, the percentage of High Court and Circuit Court judges that have availed of the training provided by the decision support service; the percentage of persons working for the Courts Service who availed of the information session provided by the decision support service. [58298/22]
Amharc ar fhreagraManagement 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.
Figures of this nature are recorded by the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.
154. Deputy Alan Farrell asked the Minister for Justice the number of road traffic accidents that involved a banned substance in each of the years 2017 to 2021 and to date in 2022 in tabular form; and if she will make a statement on the matter. [58327/22]
Amharc ar fhreagraI have sought the information requested by the Deputy from An Garda Síochána. Regrettably this information was not available in time and I will write to the Deputy again once it is to hand.
|
2017 |
2018 |
2019 |
2020 |
2021 |
2022 (up to 30 November 2022 |
|
64 |
87 |
96 |
76 |
102 |
76 |
155. Deputy Alan Farrell asked the Minister for Justice the banned substances identified during road traffic incidents; the number of occasions on which each of those substances were identified by gardaí in each of the years 2017 to 2021 and to date in 2022, in tabular form; and if she will make a statement on the matter. [58328/22]
Amharc ar fhreagraI have sought the information requested by the Deputy from An Garda Síochána. Regrettably this information was not available in time and I will write to the Deputy again once it is to hand.
|
Year |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
Positive Roadside Breath Tests |
674 |
1661 |
1474 |
452 |
538 |
833 |
|
Positive Roadside Oral Fluid Tests |
60 |
269 |
562 |
562 |
476 |
391 |
156. Deputy Alan Farrell asked the Minister for Justice her views on efforts to tackle the use of nitrous oxide, otherwise known as laughing gas; and if she will make a statement on the matter. [58329/22]
Amharc ar fhreagraAs the Deputy will be aware, the Department of Health leads on Government policy in the area of drugs, 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. Implementation is led by my colleague the Minister of State at the Department of Health, Frank Feighan, and encompasses actions for all stakeholders, including An Garda Síochána and my Department.
The Deputy will also be aware that the Garda Commissioner is by law responsible for all enforcement operations by An Garda Síochána. As Minister I have no role in such matters.
Nitrous oxide has various legitimate uses; medical, non-medical and industrial and, because of its legitimate uses, it is not controlled under the Misuse of Drugs Acts or under the International Drug Conventions. Under section 3 of the Criminal Justice (Psychoactive Substances) Act 2010, it is already an offence to sell, import or export a psychoactive substance for human consumption, including nitrous oxide.
The purpose of the Criminal Justice (Psychoactive Substances) Act 2010 includes the prevention of the misuse of dangerous or otherwise harmful psychoactive substances and the provision of offences relating to the sale, importation, exportation or advertisement of those substances. For example, the Act provides that a person who sells, or who imports or exports, a psychoactive substance knowing or being reckless as to whether that substance is being acquired or supplied for human consumption shall be guilty of an offence. This Act does not provide for an offence for personal possession.
The Deputy may wish to note that the HSE and An Garda Síochána are aware of the issues surrounding nitrous oxide. The HSE is committed to increasing awareness of the health risks associated with substance misuse, including nitrous oxide, among young people, parents and youth organisations. Similarly, Revenue’s Customs Officers are aware of the misuse of nitrous oxide and are closely monitoring importations of the product into the State.
157. Deputy Alan Farrell asked the Minister for Justice the number of cases brought against persons with regard to needle-spiking, in 2021 and 2022, respectively; and if she will make a statement on the matter. [58331/22]
Amharc ar fhreagraI have sought the information requested by the Deputy from An Garda Síochána. Regrettably this information was not available in time and I will write to the Deputy again once it is to hand.
