Written Answers Nos. 554-573
554. Deputy Seán Haughey asked the Minister for Justice if he has considered the issues which arise concerning trans women in prisons; if policy on this matter is being updated; and if he will make a statement on the matter. [4079/23]
Amharc ar fhreagraAs background for the Deputy, Prison Rules, 2007 (S.I. No. 252/2007) set out the minimum rules and regulations on all aspects of life in prisons in Ireland, including admission, accommodation, visiting rights, health, discipline, education, and so forth. Much of the daily operation of prisons is guided by the Prison Rules.
The Prison Service is responsible for the safe and secure custody of all persons held in prison.
Where a court makes an order committing a person to a prison, the Prison Service must accept that person into custody in whichever prison is specified by the court. While all prisoners committed are accommodated in accordance with their legal gender and having regard to their safety and the safety of the wider prison population, it should be noted that Irish prisons are not legally defined as 'male' or 'female' prisons.
On arrival in prison, all prisoners are brought to the reception/committal unit of the prison, where there is an opportunity to provide details as part of the committal interview process.
As part of that process and in assessing the needs of a prisoner, the Prison Governor will consider the risks posed to the prisoner themselves and any level of risk to other prisoners. This risk assessment will determine the regime necessary to ensure the safety of all prisoners and may include the accommodation of the prisoner on a restricted regime under Rule 63 of the Prison Rules. The Governor may also make a recommendation on the appropriate placement within the prison system, taking into consideration good order, security and operational issues, protection issues, available accommodation and the healthcare needs of the prisoner, as well as the safety and security of other prisoners and staff.
I have been advised by the Irish Prison Service that they are currently drafting a policy for the management of transgender prisoners, which is expected to be finalised shortly.
555. Deputy Mairéad Farrell asked the Minister for Justice the names of any advisers who have taken up employment in his Department since the Government rotation in December 2022; the annual salary they are being paid; and if he will make a statement on the matter. [4128/23]
Amharc ar fhreagraI can inform the Deputy that no new advisers have taken up employment in the Department of Justice since December 2022.
556. Deputy Catherine Murphy asked the Minister for Justice the number of pedal cycle bikes reported stolen to gardaí within the Kildare division in the years 2021, 2022, and to date in 2023, in tabular form. [4205/23]
Amharc ar fhreagraAs the Deputy will be aware, theft is an offence under section 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001. Anyone convicted of a theft offence is liable to a penalty of a fine or up to 10 years imprisonment. Under section 14 of the Act, a person found guilty of robbery (theft using coercion or force) is potentially liable on conviction on indictment to life imprisonment. As the Deputy will appreciate, the sentence in any individual case is a matter for the presiding Judge.
The table below, provided to me by the Garda authorities, shows the number of bicycles reported stolen within the Kildare Division in 2021 and 2022. As the figure for the number of bicycles reported stolen for 2023 is less than ten, this data cannot be provided due to data protection concerns.
|
2021 |
2022 |
|
101 |
103 |
*These figures are based on incidents which were reported between 01/01/2021 to 31/12/2022 inclusive. These figures are operational and may be liable to change. Crime counting rules are applied.
The Deputy may be aware that there are a number of initiatives being taken by An Garda Síochána to tackle bike theft, including the ‘Lock it or Lose it’ initiative, which focuses on reminding the public to take extra precautions to keep their bikes safe by locking them in the most secure way possible.
The Blue Bike scheme has also been designed to highlight bike theft hotspots by placing an end of life bike, painted blue, in such areas with a large sign warning members of the public to lock their bikes and be aware of bike theft. This scheme has three goals:
- To warn the public that bike thieves are operating in the area;
- To deter crime by informing offenders that An Garda Síochána are monitoring the area; and
- To thereby create a safer place for members of the public to lock and secure their bikes.
I am informed that, in addition to the ‘Lock it or Lose it’ and Blue Bike initiatives, Gardaí will be resuming property marking schemes and the use of so-called ‘bait bicycles’ in areas which have been identified as bike theft hotspots. Other responses that will be pursued by Gardaí include surveillance of known offenders, the monitoring of any offenders’ current bail conditions and where necessary the appropriate action of any breach of their bail with the relevant courts, and proactive policing, both overt and covert, of hotspot areas.
557. Deputy Carol Nolan asked the Minister for Justice if he will provide data associated with his Department’s air travel and air travel associated with agencies under the aegis of his Department (details supplied) from 1 January 2020 to date; and if he will make a statement on the matter. [4252/23]
Amharc ar fhreagraIt has not been possible to collate the information requested in the time allowed.
I will write to the Deputy directly when the information is to hand.
558. Deputy Pádraig O'Sullivan asked the Minister for Justice the number of applications for asylum for refugees from countries other than Ukraine that were made to his Department per annum for the years 2019 to 2022; the number of these applications that were successful; the number that were refused; and if he will make a statement on the matter. [4295/23]
Amharc ar fhreagraThe International Protection office of my Department endeavours to make recommendations on international protection applications as soon as possible. This ensures that those who are found to be in need of protection from the State can receive it quickly and begin rebuilding their lives here with a sense of safety and security.
My Department continues to take all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of the immigration system is maintained at all times.
During 2022, the number of people claiming international protection increased significantly, with 13,651 applications made with the International Protection Office (IPO). This is a 186% increase on the same period in 2019, the last year in which application numbers were not impacted by COVID-19. The number of applications (excluding those from Ukraine) for the years 2019 to 2022 and broken down by nationality can be found in the tables attached.
The number of applications for international protection that were successful and those applications that were refused can be found in table 2 in the attached. The decisions listed in the table include those in respect of applications made prior to 2019.
My Department is committed to reducing processing times for international protection applicants and we are taking steps to ensure that applications are dealt with as quickly as possible.
Over the last number of months, the International Protection Office has implemented a number of measures to improve efficiencies and throughput, in tandem with reforms to the application, interview and decision making process, and these are having a significant impact upon processing times.
The Government has also committed additional funding of nearly €18m in 2023 that will also go towards increasing efficiency in processing applications, including by increasing staff numbers at the International Protection Office. Further reforms are being examined with a view to speeding up the processing of applications.
559. Deputy Pádraig O'Sullivan asked the Minister for Justice his plans to reform the asylum process for refugees from countries other than Ukraine; and if he will make a statement on the matter. [4296/23]
Amharc ar fhreagraMy Department will continue to take all necessary steps to manage the international protection process efficiently and effectively. My Department is committed to reducing processing times for international protection applicants.
During 2022, the number of people claiming international protection increased significantly, with 13,651 applications made with the International Protection Office (IPO). This is a 186% increase on the same period in 2019, the last year in which application numbers were not impacted by COVID-19.
Over the last number of months, the International Protection Office has implemented a number of measures to improve efficiencies and throughput, in tandem with reforms to the application, interview and decision making process, and these are having a significant impact upon processing times.
Notwithstanding the very large increase in the number of applications during 2022, the median processing time for all international protection cases (which includes decisions on permission to remain) processed to completion by the IPO in Quarter 4 of 2022 was 10 months. The median processing time for cases processed to completion for all of 2022 was 18 months.
On November 8 2022, the International Protection Office (IPO) introduced accelerated procedures for international protection applicants from safe countries of origin. The Minister designates certain countries as safe countries of origin pursuant to section 72 of the International Protection Act, 2015.
The new accelerated process introduced in November 2022 is intended to significantly reduce processing times. As it has only been recently introduced, the IPO are monitoring implementation and the impact on processing times but I am confident that these new measures will have a significant impact.
The Government has also committed additional funding of nearly €18m in 2023 that will also go towards increasing efficiency in processing applications, including by increasing staff numbers at the International Protection Office. Further reforms are being examined with a view to speeding up the processing of applications.
560. Deputy Pádraig O'Sullivan asked the Minister for Justice the length of time it takes to process an asylum application in Ireland; the number of people currently waiting to have their application processed; if he will outline the longest processing time for an application; and if he will make a statement on the matter. [4297/23]
Amharc ar fhreagraMy Department's overall objective is to have decisions made on applications from people seeking international protection as quickly as possible. This ensures that those who are found to be in need of protection in Ireland can receive it quickly and begin rebuilding their lives here with a sense of safety and security.
During 2022 the number of people claiming international protection increased significantly, with 13,651 applications made with the IPO. This is a 186% increase on the same period in 2019, the last year in which application numbers were not impacted by COVID-19.
Since the introduction of new efficiency measures during 2022 the IPO have been able to increase the number of first instance recommendations and permission to remain decisions being made by the IPO by 44%, when compared with the same period pre-Covid in 2019.
Notwithstanding the very large increase in the number of applications during 2022, the median processing time for all international protection cases (which includes decisions on permission to remain) and processed to completion by the IPO in Quarter 4 of 2022 was 10 months for all cases. The median processing time for cases processed to completion for all of 2022 was 18 months.
I can inform the Deputy that the number of applications pending at the International Protection Office at week ending 20 January 2023 was 14,687, the majority of which were made in 2022.
The longest application processing time for 2022 was 170 months, i.e. a first instance determination issued in 2022, but 170 months after initial application. It should be noted that unusually long processing times for individual applications such as this are typically attributable to circumstances outside of the control of the IPO. The reasons for such extended delays in processing can include an applicant who may have an ongoing Judicial Review, certain applicants may be uncontactable or missing including children with separate applications where a parent has already received a decision, and some applicants may not be co-operating with the application process itself.
92% of cases decided in 2022 were processed in 3 years or less and 62% of cases decided in 2022 were processed in 2 years or less
Over the last number of months, the International Protection Office has implemented a number of measures to improve efficiencies and throughput, in tandem with reforms to the application, interview and decision making process, and these are having a significant impact upon processing times.
The Government has also committed additional funding of nearly €18m in 2023 that will also go towards increasing efficiency in processing applications, including by increasing staff numbers at the International Protection Office. Further reforms are being examined with a view to speeding up the processing of applications.
561. Deputy Pa Daly asked the Minister for Justice the number of Afghan programme refugees who were admitted in 2022; and if he will provide a quarterly breakdown of those numbers. [4299/23]
Amharc ar fhreagraI understand that the Deputy has clarified that this question relates to the Afghan Admissions Programme rather than Afghan Programme refugees.
I am conscious that this is a difficult situation for our Afghan community and their loved ones and would like to take this opportunity to assure them that my Department is processing applications under the Afghan Admissions Programme as quickly as possible.
To ensure as many people as possible can avail of this important programme my Department has been liaising with representatives of the Afghan Community and with applicants directly to ensure the Afghan Admission Programme team have everything needed to progress applications. Where applicants are missing important information, such as proof of identity and familial relationships, the Afghan Admission Programme Unit contacted people directly to gather the required documents. This process is now complete. The requested information has begun to be received and applications continue to be assessed in a pragmatic and humanitarian manner.
My Department commenced issuing decisions in the last quarter of 2022. Approvals issued in respect of 81 beneficiaries under the Afghan Admissions Programme up to the 31st of December 2022. So far in 2023 a further 19 decisions have been made, bringing the number of decisions to date to 100. It is not known how many of those beneficiaries have actually travelled to the State. To date no refusal letters have issued.
It should be noted that the Afghan Admission Programme is not the only avenue for Afghan nationals to come to Ireland. Since the beginning of August 2021 to 28 November 2022, a total of 142 ‘join family visas’ have been approved for Afghan nationals and 104 family reunification applications have also been approved.
A significant number of Afghan people have also been allocated places under the Irish Refugee Protection Programme (IRPP), which is under the remit of the Department of Children, Equality. Disability, Integration and Youth. My Department provides the visas to facilitate their travel to Ireland and almost 600 visa waiver letters have been issued to date.
562. Deputy Mary Lou McDonald asked the Minister for Justice the options that are available to a person (details supplied) when their stamp 1 visa expires. [4319/23]
Amharc ar fhreagraThe person referred to by the Deputy holds a Stamp 1 immigration permission, granted for the purpose of obtaining an employment permit and it is valid until 17 March 2023.
If the person concerned wishes to remain in the State beyond that date, a prospective employer must apply for and be granted an employment permit by the Department of Enterprise, Trade and Employment (DETE).
Should they be successful in securing the appropriate employment permit from DETE, they will then be able to register that employment permit with their local registration office and be granted a Stamp 1 immigration permission.
It may also be open to the person concerned to request a change to their immigration status if they meet the criteria for doing so. Further information can be found on my Department's immigration website at:
www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/
Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility, 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 email service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
563. Deputy Seán Haughey asked the Minister for Justice if a review of an examination of the operation of county and city sheriffs’ offices including the need to put in place an independent mechanism to appeal decisions made by city and county sheriffs has taken place; and if he will make a statement on the matter. [4343/23]
Amharc ar fhreagraMy Department and the Office of the Revenue Commissioners have established a Joint Review Group to examine the role of Sheriffs, as currently constituted, in respect of State work.
The Review Group is independently chaired by a former Secretary General of this Department, and comprises of representatives from the Office of the Revenue Commissioners, the Courts Service, the Departments of Justice, Housing and Finance, as well as an external representative from the Insolvency Service of Ireland.
The Review Group is to examine the future role of Sheriffs, with a view to establishing if the nature of the role is currently in line with best international practice, or if there is a more efficient and cost effective system of debt collection. The review will dissect the nature and volume of work available to Sheriffs both now, and into the future.
It is expected to take between 6-9 months, the target date for the report is Q3 of 2023.
564. Deputy Catherine Murphy asked the Minister for Justice the number of prosecutions per year brought against drivers who fail to surrender their licence or learner permit to the Road Safety Authority upon disqualification where the disqualification is due to orders having been made by the courts or due to the driver having received the maximum number of penalty points; the number of convictions per year; the penalties imposed; and if he will make a statement on the matter. [4529/23]
Amharc ar fhreagraAs 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 convictions handed down or orders issued by the Courts. Data regarding the number of successful prosecutions in a particular area is also maintained by the Courts Service.
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.
565. Deputy Robert Troy asked the Minister for Justice the number of asylum seekers seeking international protection who arrived in Ireland in 2022 having come from another European country; and the number who were returned under the Dublin Convention. [4549/23]
Amharc ar fhreagraSeeking protection is a human right and when someone asks for protection at the border of a country, that country’s authorities must examine that application. Ireland, as a party to the Geneva Convention, must also meet this obligation.
Immigration officials conduct passport checks on arrival to ensure passengers are properly documented in accordance with Section 11 of the Immigration Act 2004. If a person indicates or is identified as being in need of international protection, they are admitted to the international protection process. Each application for international protection is examined in detail on its individual merits, taking all factors into account.
Information is not available to my Department that would identify the country of transit (such as a European country) taken by a person arriving in Ireland and subsequently making an application for international protection.
When processing international protection applications, the International Protection Office (IPO) checks every applicant over the age of 14 against the Eurodac database, which is a database that stores the fingerprints of international protection applicants or people who have crossed a border illegally.
The making of a transfer decision under the EU Dublin Regulation is not a deportation order. The Dublin Regulation determines which EU Member State is responsible for examining an international protection application. It is based on the principle that the first Member State to facilitate entry to the EU should be responsible for examining the protection application.
The Dublin Unit of the International Protection Office (IPO) in the Department is responsible for determining whether an applicant should be transferred to another Member State (known as an outgoing transfer request) or have their application assessed in Ireland. The Unit also responds to requests from other Member States to transfer applicants to Ireland (known as an incoming transfer request).
I can confirm that there were 24 outgoing transfer decisions made in 2022 under the Dublin Regulation and a total of 3 people were returned in 2022 on foot of a Dublin Convention transfer order. While the numbers of transfers effected appear low, it should be noted that Dublin iii transfers can be challenging to enforce due to a number of factors including potential legal challenges and transfer arrangements which need to be made with the returning country.
In addition a person can make submissions to the Minister requesting for their case to be dealt with in Ireland which can further impact on the timeframes and numbers transferred.
My Department is committed to reducing processing times for international protection applicants and is taking steps to ensure that applications are dealt with as quickly as possible.
566. Deputy Éamon Ó Cuív asked the Minister for Justice the total number of prisoners who died while in prison in the State in 2022, by month and prison, in tabular form. [4680/23]
Amharc ar fhreagraI can advise the Deputy that 20 people died while in custody in 2022 and I would like to express my sympathies to the family and friends of each of those individuals.
As the Deputy may be aware, all deaths in custody are notified to An Garda Síochána, who investigate where circumstances warrant, in addition to the inquest held in the Coroner's Court. The cause of death is determined by a jury on the basis of the information presented to the Coroner's Court.
The Deputy will also be aware that all deaths in custody and deaths that occur within one month of temporary release, are also subject to an independent investigation by the Inspector of Prisons.
Following this investigation, the Inspector of Prisons Office makes recommendations for improvement where appropriate. These recommendations are forwarded to the Prison Service for their attention and the final report is submitted to the Minister for Justice. Finalised reports and any associated Prison Service Action Plan to address recommendations are published in an anonymised form on the Gov.ie website and made available to the Coroner.
Further, the Irish Prison Service has a robust, internal review mechanism which assesses the circumstances of a death in custody, highlights accountability and actions taken in relation to the incident, and outlines lessons learned. This outcome review is reported to the Irish Prison Service National Suicide and Harm Prevention Steering Group, which is chaired by the Director General.
The circumstances of each death in custody and incident of self-harm are also examined by a suicide prevention group in each institution. The groups are chaired by the Prison Governor and include representatives from the various services including; Prison Doctor, Psychiatry, Psychology, Chaplaincy, Probation, Education, and Prison staff. The Groups are required to meet quarterly, or more often if necessary. Their examinations fully cover the background and circumstances of each death and their objective is to identify, where possible, measures which might be implemented to contribute to a reduction in the risk of deaths in the future.
The information in the format requested by the Deputy in relation to the deaths in custody in 2022 is provided in the table below.
|
2022 |
Number |
Prison |
|
January |
2 |
Mountjoy |
|
|
1 |
Cork |
|
February |
1 |
Cloverhill |
|
|
1 |
Limerick |
|
March |
1 |
Midlands |
|
April |
1 |
Midlands |
|
May |
1 |
Mountjoy |
|
|
1 |
Midlands |
|
June |
4 |
Midlands |
|
August |
1 |
Mountjoy |
|
|
1 |
Cloverhill |
|
October |
1 |
Midlands |
|
|
1 |
Wheatfield |
|
|
1 |
Cork |
|
December |
1 |
Midlands |
|
|
1 |
Limerick |
The Deputy may also wish to know that in addition to the above figures, four people died in 2022 while on temporary release or on renewable temporary release, three of which were referred to the Office of the Inspector of Prisons for independent investigation.
567. Deputy Éamon Ó Cuív asked the Minister for Justice the number of deaths in custody investigations which have been commenced by the Office of the Inspector of Prisons following the deaths of prisoners in 2022; and if he will make a statement on the matter. [4681/23]
Amharc ar fhreagra568. Deputy Éamon Ó Cuív asked the Minister for Justice the number of deaths in custody investigations by the Office of the Inspector of Prisons which are ongoing; and the number finalised and submitted to him awaiting publication, by year of death, in tabular form. [4682/23]
Amharc ar fhreagraI propose to take Questions Nos. 568 and 567 together.
As the Deputy may be aware, all deaths in custody and deaths that occur within one month of temporary release, are subject to an independent investigation by the Inspector of Prisons.
Following this investigation, the Inspector of Prisons Office makes recommendations for improvement where appropriate. These recommendations are forwarded to the Prison Service for their attention and the final report is submitted to the Minister for Justice. Finalised reports and any associated Prison Service Action Plan to address recommendations are published in an anonymised form on the Gov.ie website and made available to the Coroner.
The Office of the Inspector of Prisons in conducting their investigations seek to thoroughly explore and analyse all aspects of the case. As the Deputy will appreciate, this process can take time. In addition, as part of this process, the Office of the Inspector of Prisons engages with the next of kin of the person who has died.
I am advised that the Office of the Inspector of Prisons was notified of 23 Deaths in Custody (or within one month of temporary release) which occurred during 2022. The report in one case was published on 15 September, 2022. Investigation of all other cases is on-going.
The information sought by the Deputy relating to the number of death in custody investigations by the Office of the Inspector of Prisons which are ongoing; the number finalised and the number submitted to me and awaiting publication, by year of death, is contained in the Table below.
Two of three reports currently with my office were received in late 2022 with the final one received in early 2023. These reports are being considered and I expect to publish them shortly.
I would also like to take this opportunity to express my sympathies to the family and friends of all of those who died while in custody.
|
Year of Death |
Total No of Deaths |
Investigation On-going or Report at Draft Stage |
Report finalised and submitted to Minister, awaiting publication |
Number of Reports Published |
|
2019 |
20 |
1* |
1 |
18 |
|
2020 |
13 |
5* |
2 |
6 |
|
2021 |
9 |
8 |
0 |
1 |
|
2022 |
23 |
22* |
0 |
1 |
|
2023 |
4 |
4 |
0 |
0 |
*One Investigation in each of the years 2019, 2020 and 2022 (included in the above figures) is on hold pending completion of a Garda Síochána investigation.
569. Deputy Thomas Gould asked the Minister for Justice to urgently release the report into the death of a person (details supplied) to their family given the pending inquest on 1 February 2023. [4795/23]
Amharc ar fhreagraAs the Deputy may be aware, since April 2012 all deaths in custody are subject to an independent investigation by the Inspector of Prisons. Following this investigation, the Office of the Inspector of Prisons makes recommendations for improvement where appropriate. These recommendations are forwarded to the Prison Service for their attention and the final report is submitted to the Minister for Justice. Finalised reports and any associated Prison Service Action Plan to address the recommendations are published in an anonymised form on the Gov.ie website and made available to the Coroner.
The Office of the Inspector of Prisons in conducting their investigations seek to thoroughly explore and analyse all aspects of the case. As the Deputy will appreciate this process can take time. In addition, as part of this process, the Office of the Inspector of Prisons engages with the next of kin of the person who has died.
I can inform the Deputy that the specific report referred to has been finalised, that the Chief Inspector and Deputy Chief Inspector of Prisons have been in contact with the family and that the report has now been published and provided to the Coroners Office.
570. Deputy Michael Healy-Rae asked the Minister for Justice with regard to the recruitment of gardaí, the number of candidates who successfully filled up and submitted a completed application form (details supplied). [4810/23]
Amharc ar fhreagra571. Deputy Michael Healy-Rae asked the Minister for Justice with regard to the recruitment of gardaí, the number of candidates who were invited to undertake the initial assessment phase of the recruitment process; and the number who actually completed the assessment (details supplied). [4811/23]
Amharc ar fhreagra572. Deputy Michael Healy-Rae asked the Minister for Justice with regard to the recruitment of gardaí, the number who successfully passed each of the assessments provided (details supplied). [4812/23]
Amharc ar fhreagra573. Deputy Michael Healy-Rae asked the Minister for Justice with regard to the recruitment of gardaí, the number of candidates who were invited to undertake an interview; and the number who completed the interview (details supplied). [4813/23]
Amharc ar fhreagra574. Deputy Michael Healy-Rae asked the Minister for Justice with regard to the recruitment of gardaí, the number of candidates who successfully passed the interview process (details supplied). [4814/23]
Amharc ar fhreagraI propose to take Questions Nos. 570 to 574, inclusive, together.
As the Deputy will be aware, the Garda Commissioner is responsible by law for the management and administration of Garda business, which includes the recruitment and training of Garda members and staff. As Minister I have no direct role in such matters.
The Public Appointments Service (PAS) administers the initial stages of any recruitment competition for An Garda Síochána on behalf of the Commissioner, including any panels associated with those competitions. PAS is the independent body responsible for public service recruitment under the provisions of the Public Service Management (Recruitment and Appointments) Act 2004.
The Government is committed however to ensuring that Gardaí have the resources necessary to carry out their vital service, demonstrated by the unprecedented €2.14 billion allocated to An Garda Síochána under Budget 2023. This level of funding will provide a steady pipeline of new Gardaí in the coming year.
