Written Answers Nos. 514-531
514. Deputy Michael Ring asked the Minister for Justice in view of Parliamentary Question No. 85 of 29 March 2022, if he will seek an update from the Public Appointments Service as regards the appointment of a country registrar in County Mayo. [7061/23]
Amharc ar fhreagraUnder the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. However, I wish to assure the Deputy that any County Registrar vacancy which has arisen in recent years has been filled.
The Courts Service Act 1998 sets out the nature of the relationship between the Courts Service and the County Registrar. The post of County Registrar is a statutory officer appointed by the Government, with a number of different roles, including under-sheriff and returning officer functions. When such posts become vacant, arrangements are made with the Courts Service and the Public Appointments Service to run an open recruitment competition to identify suitable persons for recommendation to Government for appointment.
Having enquired into the matter, I can confirm that a competition has been run through the Public Appointments Service to fill the vacancy referred to by the Deputy. This competition is now complete and the usual clearance procedures are ongoing.
515. Deputy Duncan Smith asked the Minister for Justice the status of a naturalisation application for a person (details supplied); if he will expedite the processing of the application given the circumstances; and if he will make a statement on the matter. [7063/23]
Amharc ar fhreagraThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department, with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. It will be submitted to me for decision in due course.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
The application of the person concerned was received in the Citizenship division on the 16 January 2023 and applications are processed in chronological order by date received. There are no provisions to apply different criteria depending on the category of employment or profession of the applicant, or any intended purpose of naturalisation such as sporting representation. The median processing time for applications now currently stands at 19 months. I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.
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.
517. Deputy Willie O'Dea asked the Minister for Justice if his attention has been drawn to reports that there is a 15 to 16-week delay in Limerick for the renewal of residency cards for individuals on Stamp 4 visas; if there is a plan in place to deal with this significant backlog; and if he will make a statement on the matter. [7154/23]
Amharc ar fhreagraNational Immigration Bureau (GNIB) through the Garda Station network.
I have been informed by An Garda Síochána that there is currently a 12-week waiting time for customers seeking an appointment at Henry Street Immigration Office. There continues to be significant pressure on immigration services in the Limerick Division, as reflected in the table below.
|
Registration Renewals for Year Ending; |
Total |
|
2017 |
6,054 |
|
2018 |
6,489 |
|
2019 |
8,053 |
|
2020 |
8,374 |
|
2021 |
8,409 |
|
2022 |
11,400 |
During 2022, 11,400 customers were registered through the Henry Street Immigration Office. This figure is increasing year on year, with a near 100% increase in registrations since 2017.
I have been advised that every effort is being made to reduce the waiting time. Additional staff are due to undergo immigration training in the coming weeks. Options are also being explored to increase the capacity of the immigration office to allow more cases to be dealt with each day. The opening hours have been extended with the Immigration Office now open seven days a week from 7am until 10pm.
518. Deputy Jim O'Callaghan asked the Minister for Justice when the new Garda stations at Clonmel and Macroom will be put out to tender; if these projects are being delayed in order to await tendering for a new family law court; and if he will make a statement on the matter. [7200/23]
Amharc ar fhreagraAs provided for in the National Development Plan (NDP) 2021 - 2030, the new Cork County Garda Divisional Headquarters in Macroom, Co. Cork and the new Garda Station in Clonmel are to be built as part of a Public Private Partnership (PPP) along with the Family Law Court in Hammond Lane, Dublin 7.
As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including the Garda estate. As Minister, I have no direct role in these matters.
The Deputy will also be aware that the Office of Public Works (OPW) has responsibility for the provision and maintenance of Garda accommodation. Works in relation to Garda accommodation are progressed by the Garda authorities working in close cooperation with the OPW.
My Department, as the Approving Authority under the Public Spending Code, provided approval in principle to the An Garda Síochána (and Courts Service) in June 2022 to proceed with the project under the PPP mechanism. Formal project structures have been established including a Project Board and Project Team comprising representatives from my Department, An Garda Síochána, the Courts Service and other stakeholders such as OPW and the National Development Finance Agency (NDFA) in order to progress the project as quickly as possible.
519. Deputy Carol Nolan asked the Minister for Justice further to Parliamentary Question No. 690 of 10 March 2021, the costs incurred by the Legal Aid Board in case expenditure following decisions to engage private solicitors to provide services to international protection applicants for the period 2015 to the end of 2022; and if he will make a statement on the matter. [7236/23]
Amharc ar fhreagraThe Legal Aid Board is the statutory body responsible for the provision of civil legal aid and advice to persons of modest means in the State, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2021.
Section 3(3) of the Act provides that the Board shall, subject to the provisions of the Act, be independent in the exercise of its functions. However, to be of assistance to the Deputy I have had enquiries made with the Legal Aid Board on foot of which the following information is provided.
Civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the Legal Aid Board. There are 34 full time and 3 part-time law centres and specialised units. Arising from the enactment of the International Protection Act 2015, the Legal Aid Board integrated the Refugee Legal Service into its main law centre network. Specific law centres in Dublin, Cork and Galway currently include an international protection speciality. International protection is one of many services provided by those law centres. The Legal Aid Board also engages private solicitors to provide services in international protection cases. A substantial portion of the Board’s international protection cases are handled by private practitioners.
The following table shows the case expenditure (not including pay or operational costs) in relation to the provision of legal aid and advice in the area of international protection, as provided by the Legal Aid Board.
|
Year |
Non-Pay Expenditure |
|
2015 |
- |
|
2016 |
€75,356 |
|
2017 |
€552,787 |
|
2018 |
€1,050,035 |
|
2019 |
€1,582,789 |
|
2020 |
€1,243,907 |
|
2021 |
€988,873 |
|
2022 |
€2,067,130 |
In Budget 2023, I provided an increased provision of over €7.8 million for the Legal Aid Board bringing its total funding to €53.060 million for this year, a 17% increase on its out-turn for 2022. This will enable the Board to recruit additional staff and meet other costs to enhance delivery of all of its services across the country.
520. Deputy Paul Donnelly asked the Minister for Justice the estimated amount that An Garda Síochána has spent on sending out poor quality CCTV images to external companies in order to get the quality image improved in the years of 2021, 2022 and to date in 2023, in tabular form; and if any of these companies are located outside of the State. [7309/23]
Amharc ar fhreagraI have sought the information requested by the Deputy from An Garda Síochána and will contact the Deputy again when this information is to hand.
521. Deputy Paul Donnelly asked the Minister for Justice further to Parliamentary Question No. 461 on 24 January 2023, if he has received the necessary information from the Garda authorities to answer the question. [7310/23]
Amharc ar fhreagraI have contacted An Garda Síochána for the information requested by the Deputy. Regrettably this information was not available in time and I will write to the Deputy again once the information is to hand.
522. Deputy Paul Donnelly asked the Minister for Justice further to Parliamentary Question No. 458 on 24 January 2023, if he has received the necessary information from the Garda authorities to answer the question. [7311/23]
Amharc ar fhreagraAs the Deputy will recall, I sought the information requested from the Garda authorities and undertook to contact the Deputy again once the information was to hand.
In accordance with the Garda Síochána Act 2005 (as amended), it is the Garda Commissioner who is responsible for the management and administration of An Garda Síochána and I have no direct role in these matters.
I am informed by the Garda authorities that the table below displays a yearly breakdown of the number of incidents in which a quad bike or scrambler was seized by Gardaí in 2021 and 2022.
|
2021 |
2022 |
|
|
Quad Bike |
56 |
28 |
|
Scrambler |
111 |
93 |
I have been advised that figures of less than 10 are not reported to ensure there are no issues from a data protection perspective and as a result it is not possible to provide a breakdown for 2023.
Figures are based on incidents occurring from 1 January 2021 to 31 December 2022, inclusive. The information provided is based upon operational data from the Pulse system as was available on 20 January 2023 and is liable to change.
Vehicles seized or detained include, but are not exclusively, those seized or detained under Section 41 of the Road Traffic Act.
523. Deputy Paul Donnelly asked the Minister for Justice if he will report on Garda Operation Limmat; the number of successful convictions obtained to date under this operation and if this operation is still active. [7312/23]
Amharc ar fhreagraI have contacted An Garda Síochána for the information requested by the Deputy. Regrettably this information was not available in time and I will write to the Deputy again once the information is to hand.
524. Deputy Paul Donnelly asked the Minister for Justice if funding has been secured this year to purchase additional vehicles for the Garda armed support units. [7313/23]
Amharc ar fhreagraThe Deputy will be aware that, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes the management of the Garda Fleet. The allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. As Minister, I have no role in these independent functions.
In addition I am informed by the Garda authorities that it is not the current Garda policy to release the figures in respect of the Armed Support Unit due to the impact on operational effectiveness and security.
My Government is committed to ensuring An Garda Síochána has the resources it needs to perform its vital role in the community. This includes the unprecedented allocation of over €2 billion in Budget 2023. I am assured that the Commissioner keeps the allocation of these resources under continual review to ensure their optimum use.
525. Deputy Patrick Costello asked the Minister for Justice if he will report on the progress to establish the penal policy consultative council, as committed to in the Review of Policy Options for Prison and Penal Reform; and if he will make a statement on the matter. [7340/23]
Amharc ar fhreagra526. Deputy Patrick Costello asked the Minister for Justice if he will report on his plans for the operation of the Strategic Review of Penal Policy Implementation Oversight Group in reviewing the implementation of the Penal Policy Action Plan 2022-2024; if the eighth report of the group will be published; and if he will make a statement on the matter. [7341/23]
Amharc ar fhreagraI propose to take Questions Nos. 525 and 526 together.
As the Deputy will be aware, the Programme for Government 2020 contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society, with a specific commitment to review policy options for prison and penal reform.
In respect of delivering on this commitment, the Review of Policy Options for Prison and Penal Reform 2022-2024 was published in August 2022. This review is an important development as we seek to reduce crime, prevent offending and make everyone safer.
The review looks to find the balance between ensuring that people who commit serious crimes receive a punishment and a period of incarceration proportionate to that crime, while at the same time acknowledging that sometimes community based sanctions are more appropriate in diverting offenders away from future criminal activity.
To reduce offending and reoffending and better support victims, families and communities, the Review of Policy Options for Prison and Penal Reform 2022-2024 identifies measures to expand community based sanctions that reflect the needs of Ireland’s diverse society; drive rehabilitative interventions that sustain desistance from offending; reduce the reliance on prison as a sanction and mitigate overcrowding in prisons; and embed collaborative, innovative approaches to the complex causes of offending at all stages of the criminal justice system.
The Review contains 6 priority penal policy actions and 15 complementary actions. Progress has already been made in a number of relevant areas, and in some instances these actions form part of distinct, focused criminal justice strategies.
Action 5 of the Review commits to establishing a Penal Policy Consultative Council, which would provide advice to the Minister on matters relating to penal policy. Officials commenced work on this in Q3 2022, preparing a draft Terms of Reference for the membership and processes of the group, with a view to appointing the Chair and members shortly.The Deputy may be aware that an Implementation Oversight Group was established to oversee the actions emanating from the previous 2014 report of the Penal Policy Review Group. The eighth report of this group, which while yet to be published, did inform the preparation of the current Review of Policy Options for Prison and Penal Reform 2022-2024. I expect this report will soon be published.
This Implementation Oversight Group has not convened for some time now, as its work was overtaken by the establishment and output of the group tasked with identifying Policy Options for Prison and Penal Reform 2022-2024.
Having examined the matter, and in light of the fact that the action plans of the current Review clearly identify the relevant parties with responsibility to ensure all actions are pursued in line with the agreed timeline, it has been agreed that alternative modalities of oversight are more appropriate at this time.
However, it is intended that Department officials will continue to liaise with the Chair of the Implementation Oversight Group on an ongoing basis to ensure that the recommendations in the 8th report continue to progress to full implementation.
527. Deputy Patrick Costello asked the Minister for Justice the status of his commitment to broadening the range of convictions that are considered spent; and if he will make a statement on the matter. [7342/23]
Amharc ar fhreagraAs the Deputy will be aware, the Government commits in the Programme for Government to reviewing the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 and to broaden the range of convictions that are considered spent. As part of this review process, a public consultation on spent convictions was launched in October 2020.
Bespoke research on the approach to spent convictions internationally was also commissioned. Based on the outcome of that consultation and other submissions received as well as the international research, the Department has compiled a report aimed at identifying and assessing the possible implications of amending the 2016 Act, so that the fairest possible outcomes can be achieved for the public. This matter and the report remain under consideration at this time.
In parallel, department officials have engaged with Senator Ruane in respect of the Criminal Justice (Rehabilitative Periods) Bill that she has brought forward and will continue to do so, as required.
528. Deputy Eoin Ó Broin asked the Minister for Justice the total funding provided by his Department for a number of programmes (details supplied); and if he will provide, in tabular form, a breakdown of the funding drawn down for each programme by postcode; for the years 2020, 2021 and 2022. [7394/23]
Amharc ar fhreagraAs the Deputy will be aware, Youth Diversion Projects (YDPs) are community-based, multi-agency crime prevention initiatives which seek to divert young people who have become involved in crime or anti-social behaviour, and to support wider preventative work in the community and with families at risk.
YDPs act as a vital support to the statutory Garda Youth Diversion Programme and have a mandate in relation to:
- engagement with more challenging children and young people whose needs may be too complex for the existing YDP services;
- family support;
- early intervention work with younger children (8-11 years); and
- work with schools to support retention of young people with challenging behaviour in the education system.
Under the Youth Justice Strategy 2021-27, the intention is to further develop this service so that it is available to every child in the State who could benefit from it, through an ongoing expansion of existing services and the foundation of new projects where necessary.
Additional funding has been secured to expand the YDP network of 106 Projects nationally, and last November the Minister of State James Browne invited expressions of interest in principle for the establishment of four new YDPs. This will meet the key objective of the Youth Justice Strategy to ensure that the YDP service is available to every child or young person who requires it across the State.
The Strategy commits to the broadening and deepening of services provided by YDPs and acknowledges the importance of Early Intervention and Family Support programmes for children at risk, as well as access to appropriate Education, Training and Youth Services.
The total budget allocation for the Youth Diversion Projects and other youth justice projects under Budget 2023 has increased to €30.24 million.
Details of the funding provided by my Department for the programmes specified by the Deputy are provided in tabular form below by location for the years 2020, 2021 and 2022.
|
Organisation |
Amount 2020 |
Amount 2021 |
Amount 2022 |
Funding Category |
Location |
|
Extern – Greentown |
€150,476 |
€442,039 |
€450,170 |
Youth Justice |
The location of the Greentown trial sites cannot be disclosed for operational reasons. |
|
Extern – Bail Supervision |
€1,200,487 |
€1,142,400 |
€2,009,910 |
Youth Justice |
Dublin, Limerick, Cork |
|
Extern Ireland (YDPs excluding Janus Justice) |
€545,033 |
€572,684 |
€649,159 |
Youth Justice Interventions |
Dublin, Kildare, Limerick |
|
Extern Ireland (Janus Justice YDP) |
€217,411 |
€202,948 |
€199,559 |
Youth Justice Interventions |
Limerick, Clare |
529. Deputy Jim O'Callaghan asked the Minister for Justice his plans to introduce regulations to allow for persons serving determinate sentences to become eligible for parole review by the Parole Board as per section 24(3) of the Parole Act 2019; and if he will make a statement on the matter. [7420/23]
Amharc ar fhreagraAs the Deputy may be aware, the Parole Board was established as a statutory body under the Parole Act 2019 on 31 July 2021, replacing the former Interim Board which had been in place since 2001.
At present, the provisions of the Parole Act 2019 apply to those serving a sentence of imprisonment for life. To date, no regulations have been made pursuant to s. 24(3) of the Parole Act 2019 to provide for the eligibility of those serving a sentence of eight years or more. Such people are currently being managed on an administrative basis by the Irish Prison Service.
In making regulations under Section 24(3), the Minister is required to consider the desirability of equality of treatment with regard to eligibility for consideration for parole of people serving different types of sentences, the objective of incentivising people serving sentences to be rehabilitated, and the availability of other forms of early release.
The Review of Policy Options for Prison and Penal Reform 2022-2024 (approved by Government at the end of August 2022) contains a commitment (Action 15) to examine, post-implementation of the Parole Act 2019, the policy base to allow for the introduction of the Regulations necessary to determine eligibility for parole, including for those serving long-term fixed sentences, under the new Statutory Parole Board.
As the Statutory Parole Board was only recently established, there are no plans to prescribe such regulations at present. I can inform the Deputy that officials in the Department will however, continue to keep this matter under review and will consult with the Parole Board in due course about any proposed regulations to be made under Section 24(3).
530. Deputy Carol Nolan asked the Minister for Justice further to Parliamentary Question No. 326 of 8 February 2023, if he will name the 19 airlines that his Department has engaged with; the measures, if any, that each airline has agreed to put in place in response to these engagements; and if he will make a statement on the matter. [7423/23]
Amharc ar fhreagraImmigration officials conduct passport checks on arrival to ensure passengers are properly documented in accordance with Section 11 of the Immigration Act 2004.
Valid travel documentation is required by carriers for boarding a flight to Ireland. However, some passengers are arriving at passport control without documents.
My Department’s Border Management Unit and the GNIB are working closely with the principal airlines arriving in the State on a range of measures to ensure that passengers have such documentation when boarding and remain available 24/7 to assist airlines with queries.
For security reasons and to protect the integrity of the immigration system, the Department of Justice does not comment operational procedures of the Border Management Unit or the Garda National Immigration Bureau.
The establishment of a person’s identity and nationality is an important feature of our immigration process. This is especially important in the context of people who enter the Irish State including those who enter for the purposes of making a claim for international protection.
Seeking International 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 meet this obligation.
If a person indicates or is identified as being in need of international protection, they are admitted to the international protection process.
531. Deputy Pauline Tully asked the Minister for Health further to Parliamentary Question No. 632 of 18 October 2022, to detail the number of appropriate placements and placement supports that are currently in place for students studying speech and language therapy, occupational therapy, physiotherapy and psychology in tabular form; and if he will make a statement on the matter. [7013/23]
Amharc ar fhreagraIn relation to the particular query raised, as this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
