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Tuesday, 29 Nov 2022

Written Answers Nos. 531-554

Third Level Education

Ceisteanna (531)

Rose Conway-Walsh

Ceist:

531. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the number of students enrolled in level 5 pre-law courses in each year since 2016; and if he will make a statement on the matter. [59168/22]

Amharc ar fhreagra

Freagraí scríofa

Officials are compiling the data for this PQ and will forward it to the Deputy as soon as it is available.

Third Level Admissions

Ceisteanna (532)

Rose Conway-Walsh

Ceist:

532. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the number of students who were accepted onto undergraduate law courses following the completion of a level 5 pre-law course in each year since 2016; and if he will make a statement on the matter. [59169/22]

Amharc ar fhreagra

Freagraí scríofa

This information is not held by my Department. The majority of our statistics on higher education enrolments are drawn from the Student Records System (SRS) of the HEA. The HEA Student Records System (SRS) has been collecting the entry basis of students entering higher education programmes from 2018/2019 academic year.

The table below outlines the overall number of first-year new entrants accepted onto undergraduate law programmes, based on field of study. The breakdown of the number of these entrants reported to have entered on the basis of a further education qualification is outlined below. This is the most granular level of detail available from the SRS which does not specify if these students have entered on the basis of a level 5 pre-law course:

Law New Entrants

Entry Basis (Description)

2018/2019

2019/2020

2020/2021

2021/2022

Further Education Award or equivalent (e.g. BTEC)

80

88

118

120

(0421) Law Total

1,413

1,446

1,654

1,666

Departmental Data

Ceisteanna (533)

Rose Conway-Walsh

Ceist:

533. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science if he will provide information on the anticipated increased administrative burden on SUSI in order to process the €500 fee reduction for the 2023-2024 academic year; and if he will make a statement on the matter. [59170/22]

Amharc ar fhreagra

Freagraí scríofa

As clarified by the Deputy, the PQ is referring to the new income bracket where those who are assessed as having a reckonable income of between €62,000 and €100,000 will be eligible for a grant of €500 towards their student contribution fees.

Academic year 23/24 will mark SUSI’s twelfth year of operations as administrator of the Student Grant Scheme. During that time SUSI has built an understanding of application arrival flows, improved processes and introduced earlier opening for applications, all of which have led to an efficient service delivery for applicants.

The new income threshold for academic year 23/24 will see an increase in applications. The Department and SUSI are currently in discussions to scope out how the Budget 2023 changes will impact on the administrative burden on SUSI the 2023/24 academic year. However, SUSI’s experience, as highlighted above, will ensure the continued delivery of an efficient service for applicants.

Legislative Process

Ceisteanna (534, 535)

Rose Conway-Walsh

Ceist:

534. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science when the working group will be established to examine the issues in relation to the legislative process, transitional arrangements and establishment of the new agency in advance of the publication of the research Bill; and if he will make a statement on the matter. [59174/22]

Amharc ar fhreagra

Rose Conway-Walsh

Ceist:

535. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science when the research Bill will be published; and if he will make a statement on the matter. [59175/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 534 and 535 together.

The Programme for Government Our Shared Future includes a commitment to ensure that Ireland is a global leader in research and innovation across the arts, humanities, social sciences and STEM. Consequently, Impact 2030: Ireland's Research and Innovation Strategy, which I launched on the 18th of May, positions research and innovation at the heart of addressing Ireland's societal, economic and environmental challenges.

A key initiative in Impact 2030 is to bring a landmark Research Bill to Government to create a new competitive research and innovation funding agency, combining and building on the missions of the Irish Research Council and Science Foundation Ireland. The new agency will not only support research across all disciplines, but it will enable greater interdisciplinary research activity in Ireland. This amalgamation will also improve coordination of funding activities, administrative efficiencies and it will simplify the suite of supports for researchers, while building on both funders’ respective existing track records and international reputations.

The contribution of this new agency to the national research and innovation system and the alignment with the broader tertiary system and policy developments within my Department must be considered. In addition, the agency will have a role in ensuring a cohesive delivery of Ireland’s international research and innovation strategic engagements.

The first step in this task was to establish a high level workgroup for the Research Bill involving DFHERIS and the key organisations involved (Science Foundation Ireland, the Higher Education Authority and the Irish Research Council) which will consider the legislative process, transitional arrangements and establishment of the new agency. This high level workgroup has been established and its first meeting took place in October 2022. A wider consultation process is also being planned.

The timeline to publish the Research Bill will be informed by this work.

Question No. 535 answered with Question No. 534.

Departmental Projects

Ceisteanna (536)

Rose Conway-Walsh

Ceist:

536. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the status of bundle 1 of the Higher Education Public Private Partnership Programme particularly in relation to the status of each project; if it has reached its financial closure; if construction has commenced; the total life-time cost and annual cost to the State of each of the six projects; and if he will make a statement on the matter. [59176/22]

Amharc ar fhreagra

Freagraí scríofa

Bundle 1 of the Higher Education Public Private Partnership Programme, comprising six projects, is currently at preferred tenderer stage. The Enbarr Partnership has been appointed as preferred tenderer and the technical, legal and commercial work streams are currently ongoing, with financial close expected shortly. Construction activities will commence on all six sites after financial close.

Financial information relating to the projects remains confidential and commercially sensitive at this point in time. As with all PPPs, financial information will be published by the Department of Further and Higher Education, Research, Innovation and Science at an appropriate juncture.

Departmental Data

Ceisteanna (537)

Rose Conway-Walsh

Ceist:

537. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the number of students enrolled in level 5 pre-nursing courses in the 2021-2022 and 2022-2023 academic years; and if he will make a statement on the matter. [59177/22]

Amharc ar fhreagra

Freagraí scríofa

My officials have requested SOLAS to compile the information sought by the Deputy and it will be forwarded when finalised.

Third Level Admissions

Ceisteanna (538)

Rose Conway-Walsh

Ceist:

538. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the number of students who were accepted onto undergraduate nursing courses following the completion of a level 5 pre-nursing course in 2021-2022 and 2022-2023 academic years; and if he will make a statement on the matter. [59178/22]

Amharc ar fhreagra

Freagraí scríofa

This information is not held by my Department. The majority of our statistics on higher education enrolments are drawn from the Student Records System (SRS) of the HEA. The HEA Student Records System (SRS) has been collecting the entry basis of students entering higher education programmes from 2018/2019 academic year.

The table below outlines the overall number of first-year new entrants accepted onto undergraduate nursing programmes (honours degrees), based on field of study. The breakdown of the number of these entrants reported to have entered on the basis of a further education qualification is outlined below. This is the most granular level of detail available from the SRS which does not specify if these students have entered on the basis of a level 5 pre-nursing course:

New entrant nursing and midwifery Undergraduate Honours Degree

Entry Basis (Description)

2019/2020

2020/2021

2021/2022

Further Education Award or equivalent (e.g. BTEC)

154

141

164

Total (all students)

1,808

1,937

1,994

Departmental Staff

Ceisteanna (539)

Pauline Tully

Ceist:

539. Deputy Pauline Tully asked the Minister for Further and Higher Education, Research, Innovation and Science the number of access officers responsible for providing or arranging for and co-ordinating assistance and guidance to people with disabilities accessing his Departments’ services who are employed in his Department as required by section 26 (2) of the Disability Act 2005; the way that his Department makes its customers aware of this service; and if he will make a statement on the matter. [59293/22]

Amharc ar fhreagra

Freagraí scríofa

My Department aims to ensure that the needs of all those who access our services, including people with disabilities, are met and that rights to equal treatment are upheld in service delivery. In line with the statutory obligations set out in the Disability Act 2005, my Department is committed to making its public buildings, services and information accessible to people with disabilities.

Two Access Officers have been appointed in accordance with section 26(2) of the Disability Act 2005. These officers provide or coordinate assistance and guidance for persons with disabilities so they can access the services and information provided by my Department.

Information in relation to our Access Officers is made widely available to the public on the Department’s website at the following link www.gov.ie/en/organisation-information/73cce-department-assistance-for-people-with-disabilities/.

Third Level Fees

Ceisteanna (540)

Seán Sherlock

Ceist:

540. Deputy Sean Sherlock asked the Minister for Further and Higher Education, Research, Innovation and Science if he will outline the process to obtain the €1,000 refund for college fees as recently announced in Budget 2023; if he will consider matters raised in correspondence (details supplied); and if he will make a statement on the matter. [59337/22]

Amharc ar fhreagra

Freagraí scríofa

As part of Budget 2023, I secured a significant cost of living package for third level students, including a once-off €1,000 state financial support towards the undergraduate student contribution fee for higher education students eligible for my Department’s free fees schemes.

Under this measure, eligible students will have the student contribution they are due to pay reduce from €3,000 to €2,000 in 2022/23. Students eligible for a 50% student contribution grant support as paid by SUSI will benefit proportionally and will see the amount they pay to their institution reduce from €1,500 to €1,000.

The key information for eligible students is that:

- Free fees eligible students who are paying their student contribution in two instalments will have the amount reduced from their next instalment by their institution during semester two.

- Students who have already paid their 2022/23 student contribution in full during semester one will be able to receive a refund from their institution before the end of this year and the refund process has commenced.

- Where requested, eligible students should provide payment details to their institution by 30th of November 2022 to facilitate a refund from the institution. If a student does not provide the required details, the higher education institution may apply a credit against any outstanding or future fees due.

The overall application of the reduction in 2022/23 fees payable by eligible students and the provision of any refunds due for eligible students will be administered with the assistance of the higher education institutions (HEIs).

My Department, the HEA, IUA, THEA and the individual institutions appreciate the need for eligible students to benefit from the cost of living measure as soon as possible. Guidance material for the institutions and students on the operation of this once off cost of living measure was issued in October.

HEIs were asked to take the following approach:

- inform students of the application process for refunds and open the application process

- identify all students who are eligible for a refund and, where not already available, contact the students to provide account details to facilitate a refund

- commence refunds on a rolling basis where possible

- where individual students eligible for a refund promptly provide the necessary payment information to process a refund, they should receive a refund as soon as possible and the refund process should not wait until the end of November to commence

As referenced above, the refund process is underway and I am grateful to the HEA, the representative bodies and the HEIs for their ongoing work to ensure eligible students benefit from this cost of living measure in a timely manner.

Additional information for students is available on gov.ie www.gov.ie/en/news/f20ab-budget-2023-1000-government-contribution-to-student-contribution-for-free-fee-scheme-students-in-academic-year-2022-to-2023/ and where a student has a query on their eligibility to benefit under the above measures or requires advice on how the scheme will be administered by individual institutions students can engage directly with the institution attended.

Research Funding

Ceisteanna (541)

Richard Boyd Barrett

Ceist:

541. Deputy Richard Boyd Barrett asked the Minister for Further and Higher Education, Research, Innovation and Science if he will provide an update and the date on which all Science Foundation Ireland and the Irish Research Council PhDs will receive the promised Q4 €500 payment as specified in Budget 2023 (details supplied); if this date is not in Q4 of 2022 as promised; the reason that led to it being delayed; the reason that this information was not communicated sooner; the accountability mechanisms that exist within these organisations to ensure that these payments are provided; if the request for clarification from an organisation was received; when it will receive a response; and if he will make a statement on the matter. [59463/22]

Amharc ar fhreagra

Freagraí scríofa

The necessary funding has been made available to Science Foundation Ireland and the Irish Research Council. My Department has made it clear payment should be made to students as soon as possible.

Departmental Data

Ceisteanna (542)

Sorca Clarke

Ceist:

542. Deputy Sorca Clarke asked the Minister for Further and Higher Education, Research, Innovation and Science the number of students with a disability who have begun third level education by county in the academic year 2022-2023, in tabular form. [59554/22]

Amharc ar fhreagra

Freagraí scríofa

The most complete data set on students with disabilities collected by the HEA is the number of students reported as having a disability from the Equal Access Survey (EAS), which is a voluntary set of questions asked of first years in higher education each year.

Data for the 2022/2023 academic year is not available yet. The data which the deputy is requesting is also not routinely collected by county by the HEA. However, I can update you on the most recent relevant aggregate data we would have which is for the academic year 2021/22.

The baseline % of new entrants with a disability in 2021/2022 as a percentage of all new entrants was originally 12.4%. Out of a total of 45,677 total new entrants in 2021/22, 6035 indicated that they had a disability. This most recent data for 2021/22 shows that this has increased to 13.2%.

Setting targets for students with disabilities is challenging due to various definitions of disability as well as issues on estimating prevalence rates across the educational sector. In addition to this, the nature of a person’s disability can change or develop over time.

A target of 16% is set in the new National Access Plan 2022-2028. This target aims to increase the participation of students with disabilities in higher education by between 0.5 and 1 percentage point each year.

A progress review of the new plan will take place in 2025. This will assess progress against targets and consider how they may need to be reviewed based on improved data. As part of this, the HEA may be able to collect information on a by county basis in future.

Departmental Contracts

Ceisteanna (543)

Jackie Cahill

Ceist:

543. Deputy Jackie Cahill asked the Minister for Further and Higher Education, Research, Innovation and Science the names of all companies supplying private security and cleaning services in his Department, including the cost of private cleaning in his Department, the cost of private security in his Department; the number of private cleaners supplied to his Department to provide these duties as part of these contracts, and the number of private security personnel supplied to his Department on foot of these contracts; and if he will make a statement on the matter. [59733/22]

Amharc ar fhreagra

Freagraí scríofa

I can confirm to the Deputy that my Department was established in August 2020 and commenced moving headquarters into existing State-owned office space in September 2021. Since moving my Department has secured the services of Accent Cleaning Solutions to provide contract cleaning within the building and there is one private cleaner on site Monday – Friday. To date, my Department has incurred costs of €18,539.90 for the period October 2021 to October 2022 (inclusive). I can further confirm to the Deputy that my Department does not employ private security services.

Citizenship Applications

Ceisteanna (544)

Bernard Durkan

Ceist:

544. Deputy Bernard J. Durkan asked the Minister for Justice if the adjudication of residency status and citizenship in the case of a person (details supplied) will be expedited given the severe condition of their health and lack of housing; and if she will make a statement on the matter. [58705/22]

Amharc ar fhreagra

Freagraí scríofa

The person referred to by the Deputy is the subject of a Deportation Order made on 1 February 2019. However, they made a request on 23 October 2020, under section 3(11) of the Immigration Act 1999 (as amended), to have that Order revoked. This application will be considered as soon as possible. All applications are examined on a case by case basis, on the documentation supplied and as provided for under Section 3(11) of the Immigration Act 1999 (as amended). The decision will be that the existing Deportation Order will be either ‘affirmed’ or ‘revoked’.

If a person is subject to a Deportation Order, they remain legally obliged to comply with any reporting obligations placed on them by the Garda National Immigration Bureau (GNIB) during this time.

I can confirm that my Department has not received a citizenship application from the person concerned.

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.

Immigration Status

Ceisteanna (545)

Bernard Durkan

Ceist:

545. Deputy Bernard J. Durkan asked the Minister for Justice the progress that has been made to date in the determination of an application as part of the recent undocumented scheme in the case of a person (details supplied); and if she will make a statement on the matter. [58706/22]

Amharc ar fhreagra

Freagraí scríofa

The application for the person referred to by the Deputy was received by the Undocumented Unit of my Department on 23 February 2022 and continues to be processed. Due to the large number of applications on hand it is not possible to provide a definitive timeframe for a decision to issue.

The processing times of applications will vary depending on the complexity of the application, whether it is a single or family application, the supporting documentation and the vetting process with An Garda Síochána (AGS). Applications where there is an existing deportation order will require additional processing.

Each application received is assessed individually in accordance with the published criteria, available on my Department's immigration website at: www.irishimmigration.ie/wp-content/uploads/2022/01/Undocumented-Policy-Scheme-January-2022.pdf.

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.

Charitable and Voluntary Organisations

Ceisteanna (546)

Colm Burke

Ceist:

546. Deputy Colm Burke asked the Minister for Justice if her Department will engage with the charity regulator to establish if an organisation (details supplied) has made an application to be registered as a charity; if no such application has been made, the action that her Department proposes to take in the case in which the organisation is claiming to be a registered charity; and if she will make a statement on the matter. [58716/22]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy that the Department of Housing, Planning and Local Government has overall responsibility for the Charities Regulator.

The Department of Housing, Planning and Local Government has advised that the Regulator is fully independent in the performance of their statutory functions under Section 14 (3) of the Charities Act 2009, and neither their Minister nor their Department have any role in the decision-making process of the Regulator, including the registration of charities.

Immigration Status

Ceisteanna (547)

Bernard Durkan

Ceist:

547. Deputy Bernard J. Durkan asked the Minister for Justice further to Parliamentary Question No. 103 of 9 November 2022, the options now available to a person (details supplied); and if she will make a statement on the matter. [58721/22]

Amharc ar fhreagra

Freagraí scríofa

I can confirm to the Deputy that Unit 5 of Domestic Residence and Permissions division of my Department received email correspondence from the people referred to by the Deputy on 15 November 2022.

Following an examination of that correspondence, Unit 5 responded on the 16 November 2022, and provided detailed instructions on how to apply for a Change of Status to that same Unit, including which documentation to supply.

To date, no application has been received by my Department. Upon receipt of the required letter of application the Unit will process. However it should be noted that such applications may take up to six months to process.

Departmental Data

Ceisteanna (548)

Pa Daly

Ceist:

548. Deputy Pa Daly asked the Minister for Justice the number of convictions under the Harassment, Harmful Communications and Related Offences Act 2020 since it came into force [58749/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, 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.

To be of assistance, I have referred the Deputy's query to the Court Service.

Family Law Cases

Ceisteanna (549)

Bernard Durkan

Ceist:

549. Deputy Bernard J. Durkan asked the Minister for Justice if copies of reports, prepared pursuant to the family law area, are being routinely made available to all parties to the relevant proceedings, without exception, with particular reference to ensuring due process and fair procedures and the ability to challenge inaccuracies contained in same; and if she will make a statement on the matter. [58753/22]

Amharc ar fhreagra

Freagraí scríofa

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: oireachtasenquiries@courts.ie.

Reports of this nature are managed by the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.

An Garda Síochána

Ceisteanna (550, 551)

Jim O'Callaghan

Ceist:

550. Deputy Jim O'Callaghan asked the Minister for Justice if she will provide an update on the deployment of body cameras for An Garda Síochána. [58850/22]

Amharc ar fhreagra

Jim O'Callaghan

Ceist:

551. Deputy Jim O'Callaghan asked the Minister for Justice if new legislation is necessary in order to provide body cameras to members of An Garda Síochána. [58851/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 550 and 551 together.

The Deputy may be aware that the Government published the Garda Síochána (Recording Devices) Bill 2022 on 4 August 2022, which will provide a legal basis for the deployment and use of body-worn cameras by An Garda Síochána.

The Commission on the Future of Policing in Ireland stated in their report that policing organisations around the world have found that such devices can help improve front-line capability with the accurate recording of incidents, expedite analysis, enhance situational awareness, and sometimes protect police from harm.

Deployment of these devices, including related timelines, will be an operational matter for the Garda Commissioner. I am advised that the Commissioner intends to pilot the use of body worn cameras, prior to their widespread roll-out.

Question No. 551 answered with Question No. 550.

Drug Dealing

Ceisteanna (552)

Joan Collins

Ceist:

552. Deputy Joan Collins asked the Minister for Justice number of drug dealing convictions under mandatory minimum sentencing provisions for possession of drugs over a value of €12,500 as set out in section 27 of the Misuse of Drugs Act 1977 (as amended by the Criminal Justice Acts 1999, 2006 and 2007) during the years 2011 to 2016. [58919/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, management of the courts, including 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. As Minister, I have no role in these matters, it is the function of the Courts Service to provide information on any orders issued by the Courts.

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

To be of assistance, I have also referred the Deputy's query directly to the Courts Service.

Data Protection

Ceisteanna (553)

Denise Mitchell

Ceist:

553. Deputy Denise Mitchell asked the Minister for Justice if she intends to amend and commence section 30 of the Data Protection Act 2018 to prevent the targeting of children in online advertising, particularly in the area of unhealthy food marketing; and if she will make a statement on the matter. [58922/22]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that the General Data Protection Regulation (GDPR) is an EU wide instrument and Member States including Ireland cannot deviate from its provisions, nor will guidelines supersede that position.

Commencement of section 30 of the Data Protection Act 2018, raises serious matters, including the risk of infringement proceedings and the potential for significant penalties against the State. The processing of personal data for marketing and profiling purposes takes place under the so-called “legitimate interests” ground in Article 6.1(f) of the GDPR, with the case law of the European Court of Justice underlining the importance of free movement of personal data and establishing that Member States are not permitted to impose additional conditions that would have the effect of amending the scope of any of the grounds now set out in Article 6.1 of the GDPR.

The Office of the Attorney General has also advised my Department that section 30 of the 2018 Act appears to go beyond the margin of discretion afforded to Member States in giving further effect to the GDPR and would conflict with Article 6(1) (f), read alongside Recital (47).

Put simply, it is not an option for a Member State to unilaterally prohibit a category of processing activities which might otherwise be lawful under Article 6.1(f). The commencement of section 30 could, therefore, give rise to a substantial risk of infringement proceedings against the State pursuant to Article 258 of the Treaty on the Functioning of the European Union.

The European Commission has also confirmed that processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest and that Article 6(1) (f) of the GDPR does not make the processing of personal data of a child for the purposes of direct marketing unlawful.

The Commission also indicated that subject to Article 22 (automated decision-making), processing of personal data of a child for the purposes of profiling is not generally prohibited, albeit the processing must take into account that children merit specific protection as clarified in recital (38).

Moreover, the Commission has indicated that the term "micro-targeting", as referenced in Section 30 of the Act, is not mentioned in the GDPR, as such its scope remains uncertain and undefined.

Apart from this apparent conflict with the GDPR, the Office of the Attorney General has advised that section 30 gives rise to difficulties under Article 38.1 of the Constitution and under Article 7 of the European Convention on Human Rights. Article 38.1 provides that no person shall be tried on any criminal charge save in due course of law. In order for a domestic offence provision to comply with Article 38.1, it must be clear, precise and foreseeable in its application. It is not clear under section 30 what might constitute the processing of personal data of a child for the purposes of micro-targeting. It is also a requirement under Article 7 of the Convention that offence provisions must be sufficiently clear and precise so as to enable individuals to ascertain which conduct constitutes a criminal offence and to foresee the consequences of engaging in such conduct.

Officials in my Department are keeping this specific issue under review.

An Garda Síochána

Ceisteanna (554)

Peadar Tóibín

Ceist:

554. Deputy Peadar Tóibín asked the Minister for Justice the number of times that gardaí were called to scenes and incidents in emergency departments in the State in each of the past five years by county in tabular form. [58949/22]

Amharc ar fhreagra

Freagraí scríofa

As 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. As Minister for Justice, I have no direct role in these matters.

On foot of the Deputy's question, contact was made with An Garda Síochána to seek the specific information sought. I am advised by the Garda authorities that a search of the PULSE system was conducted to identify any crime incident reported nationwide since 01/01/2018 whereby the associated location type was ‘Hospital’.

I am also advised that the number of incidents reported by Garda Division in each of the past 5 years is outlined in the table below.

Garda Division

2018

2019

2020

2021

2022**

Cavan/Monaghan

14

22

16

*

21

Clare

*

15

*

13

*

Cork City

80

79

89

66

64

Cork North

*

*

*

*

*

Cork West

*

*

*

*

*

DMR Eastern

29

19

17

19

26

DMR North Central

157

135

96

68

90

DMR Northern

52

59

62

43

43

DMR South Central

139

162

126

102

153

DMR Southern

52

58

38

41

55

DMR Western

64

49

56

58

66

Donegal

33

42

19

23

27

Galway Division

55

86

84

60

56

Kerry

29

38

40

33

25

Kildare Division

16

20

20

11

30

Laois/Offaly

35

41

47

36

27

Limerick

56

68

51

64

70

Louth Division

56

33

39

37

59

Mayo/Roscommon/Longford

24

23

29

32

27

Meath Division

*

*

*

*

*

Sligo/Leitrim

28

28

30

24

28

Tipperary

20

18

14

23

28

Westmeath Division

24

18

32

28

34

Wexford Division

25

16

16

15

25

Wicklow Division

*

*

*

*

*

Grand Total

1067

1100

981

862

1052

* Figures less than 10 are not reported to ensure there are no issues from a data protection perspective.

** Figures were collated based on PULSE data on 23 November 2022. They are operational and may be liable to change. Crime counting rules are not applied to reflect all recorded incidents.

Barr
Roinn