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Gnáthamharc

Tuesday, 6 Dec 2022

Written Answers Nos. 21-40

Sentencing Policy

Ceisteanna (21)

Richard Bruton

Ceist:

21. Deputy Richard Bruton asked the Minister for Justice if she will outline the work that her Department has done on the appropriate levels of sentencing as embodied in our laws and in the practice of the Courts; and if she will outline the changes that are needed and anticipated. [60452/22]

Amharc ar fhreagra

Freagraí scríofa

While the judiciary are independent in the matter of sentencing, subject only to the Constitution and the law, the Oireachtas has a role in relation to setting maximum sentences. In some cases, presumptive minimum sentences have also been set out in legislation, however these are currently being reviewed under a provision contained in the Judicial Council Act 2019.

In relation to maximum sentences, the government are proposing to make a number of changes. These include:

Increasing the maximum sentence for assault causing harm from 5 years to 10 years

Increasing the maximum sentence for conspiracy to murder from 10 years to life

The Judicial Council Act 2019 provides for a range of matters, including the development of schemes for judicial education and training and sentencing guidelines, to support consistency in sentencing.

Under the 2019 Act, a new Sentencing Guidelines Committee has been established by the Judicial Council which includes a number of lay members.  It is important to note that the Judicial Council is an independent body.

The Committee is responsible for compiling guidelines with a view to establishing parameters and norms to help guide a judge while sentencing.  The Judicial Council is also putting in place a Sentencing Information Committee, a function of which will be to collate and disseminate information on sentencing in respect of criminal offences.

While the guidelines are intended to support consistency, the Deputy will appreciate that, in imposing a sentence, a court is required to impose a sentence which is proportionate, not only to the crime but also to the offender, based on the facts heard in each individual case. The courts are also required to hear from victims in certain cases where they may wish to make a victim impact statement.

It is important to note that there is a clear safeguard rested in the power of the DPP to apply to the Court of Criminal Appeal to review a sentence she regards as unduly lenient. Over the last 10 years, the DPP has exercised this power on 400 occasions, 260 were successfully appealed in the same period. 

An Garda Síochána

Ceisteanna (22)

Willie O'Dea

Ceist:

22. Deputy Willie O'Dea asked the Minister for Justice the number of gardaí that have been recruited to date in 2022. [60500/22]

Amharc ar fhreagra

Freagraí scríofa

The unprecedented €2.14 billion allocated to An Garda Síochána under Budget 2023 demonstrates the Government’s commitment to ensuring that Gardaí have the resources necessary to carry out their vital service. This level of funding will provide a steady pipeline of new Gardaí in the coming year.

While Garda numbers have continued to grow over recent years, this growth has stalled in 2022 following the prolonged closure of the Garda College for much of 2020 and 2021 as a result of COVID-19.

I was therefore delighted to note the very strong interest in the recent Garda recruitment campaign, with over 11,000 people applying to become a member. This recruitment process is continuing to identify candidates to enter the Garda College over the coming period.

The first successful candidates from this campaign entered the Garda College on 28 November 2022, with further larger intakes scheduled at around 11-week intervals over the course of next year, beginning in Q1 2022. 

I am advised by the Garda authorities that 92 recruits entered Templemore last week. The number of attestations this year so far is 369 (145 in Jan, 70 in March, 101 in May and 53 in July) – meaning nearly 500 will have completed or begun their training in 2022

I am also advised that due to the gap from recruitment to attestation, it is often the case that a person would be recruited in one year and attest the following year.

In this regard, I am informed by the Garda authorities that since the reopening of the Garda College in September 2014 a total of 4,500 Probationer Gardaí have attested, which includes the 369 probationer Gardaí that have attested this year, having commenced their training in previous years but not having completed Phase 1, in the main due to the Covid-19 impact on the Garda college.

An Garda Síochána

Ceisteanna (23)

Colm Burke

Ceist:

23. Deputy Colm Burke asked the Minister for Justice if she will outline the new powers that gardaí will have following the implementation of the Policing, Security and Community Safety Bill; the way the Bill will help An Garda Síochána engage with State agencies to ensure community safety in local communities; and if she will make a statement on the matter. [60497/22]

Amharc ar fhreagra

Freagraí scríofa

The Policing, Security and Community Safety Bill referred to by the Deputy was approved for publication by Government on 22 November last. It marks a new departure for policing in Ireland giving effect to the recommendations made by the Commission on the Future of Policing in Ireland (CoFPI). The Bill aims to improve the performance of our policing and security services  to deliver on our commitment that every community has a right to be and feel safe.

To achieve this it provides for a comprehensive framework for the governance and independent oversight of policing, a new approach to improving community safety, and new arrangements to strengthen independent review of security legislation and the delivery of security services.

While the Bill does not provide new powers to An Garda Síochána, the new governance arrangements will see the Garda Commissioner empowered to lead the organisation and drive reform supported and held to account by a non-executive board. This will result in a better run organisation with sound management processes, clear ownership of delivery of reform and better management of resources. Combined with stronger independent external oversight, this will improve longer term delivery of policing and deliver substantive benefits for all.

In relation to the new approach to community safety the Bill makes the prevention of harm, in particular to individuals who are vulnerable or at risk, a specific objective of An Garda Síochána recognising the vital work Gardaí do on the ground every day. It also embeds a whole of Government approach to promoting safer communities recognising that community safety is not something that can be achieved by An Garda Síochána and my Department alone but requires state agencies and local community representatives to work together to identify and prioritise community concerns and act to address them.

The intention is that the Bill would become law next year and be fully commenced in January 2024.

Antisocial Behaviour

Ceisteanna (24)

Emer Higgins

Ceist:

24. Deputy Emer Higgins asked the Minister for Justice her plans to tackle the rise in anti-social behaviour in our capital city; and if she will make a statement on the matter. [60629/22]

Amharc ar fhreagra

Freagraí scríofa

I can assure the Deputy that the Government is committed to tackling anti-social behaviour and I am very aware of the damaging effect it can have on communities, particularly disadvantaged areas. It is vital that people are safe and feel safe and my Department is committed to ensuring An Garda Síochána have the resources they need to achieve this and to working across Government on a multi agency approach to the underlying causes of crime. 

The government are taking action to tackle anti-social behaviour in the following ways:

- giving An Garda Síochána the tools and technology to fight crime in a digital era by rolling out improved CCTV, body worn cameras and facial recognition technology

- Enacting legislation to tackle the illegal use of scramblers

- giving local people and local representatives a real say in how to make their communities safer through the new Community Safety Partnerships

- using community sanctions to address criminality, reduce reoffending and provide protection to the public

- publishing and enacting the Garda Powers Bill to modernise and update the powers available to An Garda Síochána

- publishing and enacting new legislation to criminalise the grooming of children to commit criminal offences, together with an intervention programme to support communities and break the link between the gangs and vulnerable youths

- An Garda Síochána have a number of operations currently in place to tackle anti-social behaviour in Dublin. Operation Citizen is designed to provide reassurance to the public, visitors and businesses of Dublin City Centre that it is a safe place to visit, socialise and do business in through an enhanced police presence. I am informed that the Gardaí will continue the operation for a further period of twelve months to November 2023, after which time it will be further evaluated.

- Operation Citizen is supported by other Garda Operations such as Operation Saul and Operation Spire. Operation Saul focuses on tackling anti-social behaviour on public transport networks in the Dublin Metropolitan Region. Operation Spire was initiated to combat all anti-social behaviour, particularly the supply of drugs in the O'Connell Street area.

- I understand the Office of Public Works is currently refurbishing a suitable premises at 13A O'Connell Street and that the planned opening of a permanent Garda Station at this location will support the maintenance of a high visibility presence by Gardaí in the area.  The Station will have a public office for members of the public to seek support and report crimes, and provide support to victims of crime. It will serve as a hub for Gardaí without the need to return to their designated station, as well as being the base location for Operation Citizen. 

- Evidence shows that the most effective way to tackle anti-social behaviour is through supports and services, such as Youth Diversion Schemes and the Community Safety Innovation Fund. Three innovative new Local Community Safety Partnerships are currently being piloted, including one in Dublin's North Inner City. These are designed to identify and prioritise the issues causing communities to feel unsafe and to address them collaboratively.

- Of course, all of these initiatives must be seen in the context of the record level of resources being provided to An Garda Síochána to fund personnel and equipment, and the implementation of the Report of the Commission on the Future of Policing in Ireland which is aimed at the delivery of a  world class policing service.

Antisocial Behaviour

Ceisteanna (25)

Aodhán Ó Ríordáin

Ceist:

25. Deputy Aodhán Ó Ríordáin asked the Minister for Justice if her Department has collated any figures regarding the number of reports made to gardaí of incidents where scramblers and quads have been reported as posing a danger to the public and if she can make them available. [60510/22]

Amharc ar fhreagra

Freagraí scríofa

I share the Deputy's concerns in relation to the public safety and anti-social issues associated with the misuse of such vehicles. 

The Deputy will be interested to know that the Expert Forum on Anti-Social Behaviour (ASB), which I chair, is examining a broad range of issues, with a focus on developing measures which will address anti-social behaviour and its impact on community morale and quality of life.

I established a subgroup of the Anti-Social Behaviour Forum to deliver community based proposals to tackle the misuse of these vehicles. Arising from the work of the subgroup on the misuse of scramblers and quadbikes, funding of almost €200,000 is being provided to eight community-based projects to work with young people involved in the anti-social use of scramblers and quad bikes and related crime. 

I am advised by the Garda authorities that there were 178 incidents in 2021 and 80 in 2022 where a scrambler bike was seized or detained nationally. 

I am advised that, over a 2 year period, from 1 January 2021 to 3 October 2022, there were 143 scramblers seized in the Dublin Region.  Of these seized, 70 were seized in the Southern Region, 29 in the Eastern Region and 16 in the North-Western Region. 

I am advised by the Garda authorities that counts of fewer than 10 cannot be provided due to data protection concerns.

It is worth noting that the figures quoted are based upon operational data from the PULSE system as was available on 4 October 2022 and is liable to change.

The Deputy will be interested to know that my colleague, the Minister for Transport, Eamon Ryan, has brought forward the Road Traffic and Roads Bill 2021 which is currently at Committee Stage in the Seanad. This Bill will make amendments to the Road Traffic Acts in order to ensure that prosecutions for dangerous driving may be taken against those who use scramblers, or other similar vehicles, in a dangerous way in any location as well as insert a new section into the 1961 Act.  This section will create a number of Garda powers to deal with a situation where a vehicle is being driven dangerously in any place and give Gardaí the powers to seize where necessary.

An Garda Síochána

Ceisteanna (26)

Jennifer Murnane O'Connor

Ceist:

26. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the number of community gardaí assigned to the Carlow district. [60555/22]

Amharc ar fhreagra

Freagraí scríofa

The Government is committed to ensuring that An Garda Síochána has the resources it needs, with the unprecedented allocation provided in Budget 2023 of €2.14 billion. This will fund the planned recruitment of up to 1,000 new Garda recruits as well as over 400 Garda staff.

While the Garda Commissioner is responsible for the general management and administration of the Garda organisation, I am assured that Garda management keeps the distribution of resources under continual review to ensure their optimal use.

I understand that it is a matter for the Divisional Chief Superintendent to determine the distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs. I am further advised that there are no set requirements to have a specific number of Community Gardaí posts across the Divisions.

I can inform the Deputy that as of 31 October 2022, the latest date for which figures are available, there were 96 Community Gardaí assigned to the Carlow/Kilkenny Division, which consists of 11 Sergeants and 85 Gardaí. This is a small increase compared to the 94 members assigned to Community Policing in Carlow/ Kilkenny in December 2020.

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.

Community policing is at the heart of An Garda Síochána and 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.

An Garda Síochána

Ceisteanna (27)

Aodhán Ó Ríordáin

Ceist:

27. Deputy Aodhán Ó Ríordáin asked the Minister for Justice if she has had talks with the union representing Civil Service workers in the gardaí regarding proposed changes under the Policing, Security and Community Safety Bill. [60511/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, the Policing, Security and Community Safety Bill was approved for publication by Government on 22 November 2022.

The Bill, as part of a suite of proposals to empower the Garda Commissioner as a “true CEO” to lead the organisation and drive change, provides for the Garda Commissioner to recruit Garda staff directly to An Garda Síochána as public servants creating an integrated single workforce.  At present Garda staff are recruited into the general Civil Service and then assigned to work in An Garda Síochána.

This change was recommended by the Commission on the Future of Policing in Ireland (CoFPI), who considered that the current arrangements were not conducive to developing a common mission within the organisation or a framework for career progression for Garda staff. 

A single workforce will better use the different skills and perspectives of Garda members and staff as a collective. It will promote and foster the idea of a career in An Garda Síochána for all Garda personnel, and attract candidates interested specifically in such a career.

CoFPI’s report and recommendations were informed by extensive consultations including with trade unions and representative bodies representing  members and staff.

It is important to note that no changes to the terms and conditions of existing staff will take place solely as a result of the commencement of this legislation.

The Bill, which is expected to become law next year with commencement in January 2024, sets out clearly that their terms and conditions are fully protected.

Any change in their Civil Service status is subject to the Minister engaging with the trade unions and staff associations concerned and considering any representations made by them prior to making an order altering their status.  

Preliminary dialogue has taken place between my Department, Garda management and staff trade unions and associations in relation to these changes. My Department is available to engage further with the staff representatives on these important matters and fully expects to do so as this process develops.

An Garda Síochána

Ceisteanna (28)

Éamon Ó Cuív

Ceist:

28. Deputy Éamon Ó Cuív asked the Minister for Justice if any consideration or discussion has taken place with her or with her Department in relation to arming uniformed members of an Garda Síochána; and if she will make a statement on the matter. [60518/22]

Amharc ar fhreagra

Freagraí scríofa

As I have indicated in responses to other parliamentary questions today, the Commissioner has no plans to increase the number of Gardaí assigned firearms for operational purposes, and there have been no recent discussions with the Garda authorities in this regard.  

An Garda Síochána

Ceisteanna (29)

Ruairí Ó Murchú

Ceist:

29. Deputy Ruairí Ó Murchú asked the Minister for Justice if she will outline the range of powers that gardaí have when investigating online hate speech, incitement to hate, online threats and intimidation; if she will outline any plans to enhance those powers for gardaí; and if she will make a statement on the matter. [60617/22]

Amharc ar fhreagra

Freagraí scríofa

Ireland has become a more diverse and welcoming country in recent decades but regrettably there is a small minority who subject others to abuse or attack resulting from their own prejudice.

It has been a priority for this Government to legislate for hate crime and hate speech, to ensure that Ireland is a safe and secure place for all.

As the Deputy is no doubt aware, the only legislation currently in force which deals specifically with hate-based offences is the Prohibition of Incitement to Hatred Act 1989.

Having said that I am sure the Deputy is also aware that a hate motive for any criminal offence is an aggravating factor that judges can take into account (on a non-statutory basis) at sentencing.

I am also informed by the Commissioner that a range of other legislation is available to An Garda Síochána to investigate threats and intimidation including:

- Harassment, Harmful Communications & Related Offences Act 2020 (otherwise known as Coco’s Law)

- Non-Fatal Offence Against the Persons Act 1997

- Domestic Violence Act 2018 (s.39 Coercive Control)

- Criminal Justice (Public Order) Act 1994

Although incitement to hatred is already an offence, experience has shown that it is difficult to prosecute and there have been very few convictions since the introduction of the 1989 Act.

That is one of the reasons why my Department has been working to finalise the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022. The text of the new legislation was approved by Government and published in October and is progressing through the Oireachtas. It is anticipated that the Bill will be enacted in early 2023.

The Bill will create new, aggravated forms of certain existing criminal offences, where those offences are motivated by hatred against a protected characteristic, or where the perpetrator demonstrated hatred at the time of committing the offence. The protected characteristics for the purpose of the legislation are; race; colour; nationality; religion; national or ethnic origin; descent; gender; sex characteristics; sexual orientation; and disability.

Under this new legislation, Gardaí will have certain powers of search and seizure when investigating suspected offences of incitement to violence or hatred. A District Court judge may grant a search warrant of a place when they believe there are reasonable grounds for suspecting that evidence of one of these offences may be found at this place.

The Garda executing the search warrant will have the power to examine, seize and retain anything they find which they reasonably believe may be evidence. This includes the power to seize a computer and require any passwords for this computer to be provided – which is essential in the investigation of online hate speech.

This is a hugely important piece of legislation that will better support Gardaí in prosecuting and securing convictions for hate crimes and hate speech. It will also, importantly, tell victims of hate crimes that we are determined to help them, and will also let perpetrators know that they will be punished for spreading hatred, prejudice and contempt.

An Garda Síochána

Ceisteanna (30)

Jennifer Murnane O'Connor

Ceist:

30. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the number of gardaí assigned to the Carlow District; and the way that this compares to the numbers in June 2020. [60554/22]

Amharc ar fhreagra

Freagraí scríofa

The Government is committed to ensuring that An Garda Síochána has the resources it needs, with the unprecedented allocation provided in Budget 2023 of €2.14 billion. This will fund the planned recruitment of up to 1,000 new Garda recruits as well as over 400 Garda staff.

As the Deputy will be aware, the Garda Commissioner is responsible for the general management and administration of the Garda organisation, which includes decisions on the deployment of personnel among the various Garda Divisions. 

I understand that it is a matter for the Divisional Chief Superintendent to determine the distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs.

I can inform the Deputy that as of 31 October 2022, there are 109 Garda members assigned to the Carlow District, which consists of 90 Gardaí, 14 Sergeants, 4 Inspectors and 1 Superintendent. This compares to 119 Garda members who were assigned to the Carlow district in December 2020. 

These Garda members are supported by 11 Garda staff assigned to Carlow Garda Station, which is a more than 50% increase on the number of Garda staff assigned there in 2015. This increases the availability of Garda members to concentrate on frontline policing duties in the district. 

I am assured that Garda management keeps the distribution of resources under continual review to ensure their optimal use.

 

Immigration Policy

Ceisteanna (31, 37)

Mick Barry

Ceist:

31. Deputy Mick Barry asked the Minister for Justice in view of the publication of the review of the atypical work permit scheme for non-EEA fishers and resulting improved permit system that should accrue to those fishers who are currently documented in the atypical scheme and to those non-EEA fishers who may be employed in the future, if she will also consider offering to those migrant fishers who fell out of the atypical scheme for various reasons but who continue to be employed in the State on an undocumented basis a path to regularise their status; and if she will make a statement on the matter. [60565/22]

Amharc ar fhreagra

Mick Barry

Ceist:

37. Deputy Mick Barry asked the Minister for Justice if she will report on the scheme to regularise undocumented persons; if she will consider adjustments to the scheme to ensure those such as fishers who were in the atypical scheme can have a pathway to regularisation; if she will support other initiatives to allow those who are undocumented access to regularisation; and if she will make a statement on the matter. [60566/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 31 and 37 together.

I am pleased to say the review of the Atypical Working Scheme (AWS) for non-EEA fishers has been published on my Department's website. Details of how the AWS for SeaFishers currently operates is also available at www.irishimmigration.ie/coming-to-work-in-ireland/what-are-my-work-visa-options/applying-for-a-long-stay-employment-visa/atypical-working-scheme/.

One of the key recommendations of the Review Group is that the employment of non-EEA crew in the Irish fishing fleet should be provided for under the Employment Permit system, instead of the existing Atypical Working Scheme. My Department will cease accepting applications from 31 December and I urge all employers to submit new applications prior to this date. Existing employees are also encouraged to renew their permission before the scheme closes.

My Department has also committed to ensuring certainty for current permission holders during any such transition period and has already provided written assurances to stakeholders that the circumstances of existing permission holders will be managed pragmatically and that no fisher will fall out of permission during the transition period.

The scheme for the Regularisation of Long Term Undocumented Migrants closed on 31 July 2022. This once in a generation scheme was designed to give long-term undocumented people without a current permission to remain in the State, the chance to regularise their status, access the labour market and begin their path to citizenship. 

My Department had significant engagement with the NGOs in this sector before and during the timeframe for applications and also widely advertised the scheme in advance of and during the 6 month window it was open. Additionally, a targeted media campaign was launched during the final weeks of the scheme.

The online application process for the scheme has now closed and no further applications will be accepted.  In total, 6,548 paid applications were submitted for 8311 persons. Of these 5,654 (86%) were Single Applications and 894 (14%) were Family Applications.

4,794 decisions have issued and of these:  4,654 (97 %) are positive decisions, 94 (2%) are negative decisions, and 46 (1%) applications have been withdrawn by the applicants for various reasons.

In all cases, people must engage with the authorities if they wish to be permitted to remain here legally. If a person remains resident in the State without an immigration permission I encourage them to contact the Immigration Service Delivery (ISD) or their local immigration office and to take all the appropriate steps to regularise their status.

Any letter of application submitted should explain their current circumstances and future intentions in the State and provide any documentation they feel will support their application. 

Immigration Service Delivery (ISD) examines each application to remain in the State on a case-by-case basis and has consistently urged anyone in this position to come forward if they wish to apply to regularise their immigration position in the State.

Sentencing Policy

Ceisteanna (32)

Brendan Griffin

Ceist:

32. Deputy Brendan Griffin asked the Minister for Justice if she will increase maximum sentences for assaults on gardaí; and if she will make a statement on the matter. [60557/22]

Amharc ar fhreagra

Freagraí scríofa

I would firstly like to condemn in the strongest possible terms the recent attacks on Gardaí while serving on duty in Ballyfermot and my thoughts are with the Gardaí involved in these incidents. We are extremely grateful to all of the people who serve in An Garda Síochána and other frontline services and it is imperative that they are able to perform their vital role in our communities safely. 

There are a range of robust legislative provisions available to the Garda authorities in circumstances where threats or assaults are made against front line workers including members of An Garda Síochána.

Minister McEntee recently introduced a legislative amendment to increase the maximum penalty available for the offence of assault causing harm from 5 years’ to 10 years’ imprisonment. This will provide the Courts with a more appropriate range of sentences to take account of the range and gravity of the assaults that fall under this offence category. This change will be brought forward by the Criminal Justice (Miscellaneous Provisions) Bill 2022 which is currently before the Houses.

An assault on a member of An Garda Síochána, a prison officer, a member of the fire brigade, ambulance personnel, or a member of the Defence Forces would also constitute an offence under section 19 of the Criminal Justice (Public Order) Act 1994. A person convicted of such an offence on indictment would be liable to a fine, or to imprisonment for a term not exceeding 7 years, or both. The latter penalty was increased from a maximum term of 5 years in 2006. The criminal law in this area is being kept under ongoing review. 

In addition, the current maximum penalty for assault causing serious harm is life imprisonment.

Prison Service

Ceisteanna (33)

Éamon Ó Cuív

Ceist:

33. Deputy Éamon Ó Cuív asked the Minister for Justice the steps she intends taking to tackle overcrowding in our female prisons in Dublin and Limerick; if it is intended to provide an open centre with addiction support services for those for whom such a centre would be more appropriate than a conventional prison; and if she will make a statement on the matter. [60517/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Irish Prison Service must accept all prisoners committed into their custody by the Courts. As such, the Prison Service has no control over the numbers committed to custody at any given time, and the prison system is, of course, subject to peaks and troughs.  Numbers are particularly high when the courts are at their busiest and following the return to a more normal level of court activity now that Covid restrictions have been lifted, committal numbers have increased across the prison system.

Where the number of prisoners exceeds the maximum capacity in any prison, my officials make every effort to deal with this through a combination of inter-prison transfers and structured temporary release. Decisions in relation to temporary release are considered on a case by case basis and the safety of the public is paramount when those decisions are made.

As the Deputy will be aware the Government has provided significant capital funding to the Irish Prison Service in order to enhance the existing prison infrastructure. 

In this regard the new female accommodation in Limerick prison, which will provide 22 additional female spaces, is expected to become operational in the first quarter of 2023.

The design of the new facility is based on the principle of rehabilitation and normalisation reflecting contemporary design standards.  A mix of accommodation units are being provided based around an external courtyard setting.  When open, this new facility will represent a complete change in the standard of accommodation and rehabilitative supports for women prisoners at that facility.

The Irish Prison Service engages Merchants Quay Ireland (MQI) to provide a prison-based addiction counselling service in all Prisons, including the Dochas Centre and Limerick Female Prison. This service includes structured assessments and evidence-based counselling interventions, with clearly-defined treatment plans and goals.

The MQI service provides a range of counselling and intervention skills related to substance misuse and dependency. These skills include, motivational interviewing and enhancement therapy, a twelve step facilitation programme, cognitive behavioural therapy and harm reduction approaches. Prisoners are offered one to one counselling and group work interventions.

Legislative Reviews

Ceisteanna (34)

Catherine Connolly

Ceist:

34. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 40 of 20 October 2022, the status of the independent review of part IV of the Criminal Law (Sexual Offences) Act 2017; if the review is on track to be completed by the end of 2022; when the review will be published; and if she will make a statement on the matter. [60479/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will know, the Department of Justice contracted an independent expert to undertake the review of Part 4 of the Criminal Law (Sexual Offences) Act.

As part of the review, an online public consultation was opened and contributions were received from a broad range of organisations with different perspectives. The review will consider all aspects outlined in the Terms of Reference.

The review is being conducted independently of the Department but it is expected it will be completed by the end of the year.

Once received, any recommendations made will be considered as a priority.  

Prison Service

Ceisteanna (35)

Aodhán Ó Ríordáin

Ceist:

35. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the budgetary and human resources that are available to the prison education service; and if there are any plans to ensure educational supports are available to prisoners during the summer. [60512/22]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Prison Service that education services are available in all prisons and all prisoners are eligible and have access to these services.  Education in prison is delivered in partnership with the Education and Training Boards with a focus on providing education which is quality assured, prisoner centred and which facilitates lifelong learning.

The Department of Education and Skills provides and funds 220 whole time teacher equivalents to the Irish Prison Service through the Education and Training Boards

The 2022 budget for the provision of Education Services in Prisons, including libraries, is €1,265,000. This covers education fees, materials and equipment.

Teachers in prisons are available to provide educational programmes for eleven months of the year.  Educational Centres in prisons are closed for the month of August to allow time for maintenance work and upgrades to take place in the classrooms, if required.

Summer education programmes are run in all prisons during July. These programmes are a continuation of the work undertaken during the normal school period of Sept – Jun.  The preparation and planning for the summer 2023 programme will commence early next year.

I can further advise the Deputy that a prisoner TV information channel, which was developed during the Covid pandemic, enables education courses and learning to take place at times outside the normal school day, such as weekends. It is expected that this will continue to be utilised for the summer programmes.

The Irish Prison Service is in the process of developing its 2023 – 2026 Strategy. Central to this strategy will be building on the lessons learned over the past two years and further developing the new modalities of learning that have been introduced, including providing alternatives to classroom only learning and adopting a blended approach to the delivery of education.

By harnessing new technologies and methods for the delivery of educational content we can ensure that prisoners are able to continue their learning beyond scheduled classes and extend the delivery of education to people who may not be able to attend prison school due to restrictions on their regime.

An Garda Síochána

Ceisteanna (36)

Christopher O'Sullivan

Ceist:

36. Deputy Christopher O'Sullivan asked the Minister for Justice the number of gardaí assigned to the Bandon, Bantry and Clonakilty districts. [60513/22]

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, including decisions on the deployment of personnel among the various Garda Divisions. As Minister, I have no role in these matters. 

The unprecedented €2.14 billion allocated to An Garda Síochána under Budget 2023 demonstrates the Government’s commitment to ensuring that Gardaí have the resources necessary to carry out their vital service. This level of funding will provide a steady pipeline of new Gardaí in the coming year.

I understand that it is a matter for the Divisional Chief Superintendent to determine the distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs.

I can inform the Deputy that as of 31 October 2022, the latest date for which figures are available,  there are a total of 218 Garda members assigned to the Districts of Bandon, Bantry and Clonakilty, a breakdown of which is included in the table below. This is a 4% increase on the 209 Garda members assigned to the districts of Bandon, Bantry and Clonakilty in 2015. 

District

Garda members (31 Oct 2022)

Bandon

99

Bantry 

54

Clonakilty 

65

Total

218

I am assured that Garda management keeps the distribution of resources under continual review to ensure their optimal use.

Question No. 37 answered with Question No. 31.

Domestic, Sexual and Gender-based Violence

Ceisteanna (38)

Holly Cairns

Ceist:

38. Deputy Holly Cairns asked the Minister for Justice the number of refuge spaces for victims/survivors of domestic violence/gender-based violence currently being funded by her Department in each county. [60307/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware the Government will establish a statutory agency with a dedicated focus on Domestic Sexual and Gender-Based Violence.  

The agency will have a specific mandate to drive the implementation of the Zero Tolerance: Third National Strategy on Domestic, Sexual and Gender-Based Violence across Government, bringing the expertise and focus required to tackle this complex social issue. Pending establishment of the Agency, responsibility for the allocation of funding for domestic violence services continues to be channeled through Tusla.

As this will continue to be the case until services formally transfer to the new DSGBV agency, I have referred the question posed by the Deputy to Tusla for direct reply.

An Garda Síochána

Ceisteanna (39)

Willie O'Dea

Ceist:

39. Deputy Willie O'Dea asked the Minister for Justice the number of gardaí assigned to the Dublin districts that have retired to date in 2022. [60501/22]

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 all matters relating to personnel within An Garda Síochána. As Minister I have no direct role in such matters.

I am informed that at 30 November 2022 there were 65 retirements recorded by the Garda authorities for 2022 in the Dublin districts. This includes applications on hand up to the 31 December 2022. I am advised that the total figure includes voluntary, compulsory and cost-neutral early retirements. 

An Garda Síochána

Ceisteanna (40)

Peter Fitzpatrick

Ceist:

40. Deputy Peter Fitzpatrick asked the Minister for Justice the number of Garda members trained in using lights and sirens in County Louth; and if she will make a statement on the matter. [60627/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the Garda Commissioner is responsible, by law, for the management and administration of An Garda Síochána, including arrangements for training within the organisation.

I am informed that the allocation of training courses takes place on a divisional basis with Garda Members selected by local management.

The Garda Driver Training Section provides a range of driving courses to meet the operational demands of the organisation across a wide range of vehicles. There are two training centres are in operation, one at Garda College Templemore and the other Garda Headquarters Phoenix Park.

Training courses are designed to meet the changing requirements of operational units and are in line with current Garda policy and procedures. Since the inception of driver training all training has been based on the Roadcraft system which is a recognised system of vehicle control in the training of emergency service drivers that develops a safe systematic approach to driving. 

In 2009 the structure of training courses was amended to a Competency Based Driving model with a number of levels from basic non response driving functions to higher skill set driving based on the Roadcraft system of driving including Emergency Response driving.

The Competency Based Driving Level 2 (CBD2) training is a three week course aimed at frontline Garda Drivers. The course focuses on responsive driving skills and incorporates the function of emergency response, decision-making, relevant legal exemptions, and tactical guidelines around same.

This format enables successful candidates to respond to calls with safety and to perform compliant vehicle stops in line with current policy. This course provides the organisation with drivers who are fit for purpose in respect of District patrol duties and allow them to drive patrol cars attached to their stations. 

I am advised that CBD Level 2 training consists of a one day online learning and ten day in-person driving instruction.  

Currently there are 191 members in the Louth Garda Division who are CBD2 trained.  

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