Brendan Smith
Ceist:331. Deputy Brendan Smith asked the Minister for Justice when a service (details supplied) will be restored; and if he will make a statement on the matter. [7796/23]
Amharc ar fhreagraDepartmental Schemes
Ceisteanna (331)
Freagraí scríofa
I 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.
An Garda Síochána
Ceisteanna (332)
Pearse Doherty
Ceist:332. Deputy Pearse Doherty asked the Minister for Justice the number of gardaí that are stationed in County Donegal broken down by station for each of the last ten years, in tabular form; and if he will make a statement on the matter. [7805/23]
Amharc ar fhreagraFreagraí scríofa
The Deputy will appreciate that the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including responsibility for the recruitment, training and deployment of Garda members. I am assured that the Commissioner keeps the allocation of these resources under continued review, in line with crime and population trends, to ensure their optimum use.
Since the reopening of the Garda College in September 2014 a total of 4,029 Garda members have attested, including 369 probationers who attested in 2022 and 24 probationers who attested on 13 January this year.
I can assure the Deputy that the Government is committed to building stronger, safer communities and a strengthened, well-resourced Garda Síochána is at the centre of this policy. Since 2015, the budget for An Garda Síochána has increased by approximately €672m, or 46%. This has allowed for sustained and ongoing recruitment and, as Minister, I am committed to delivering the necessary resources to bring the number of Gardaí to 15,000 and beyond.
As of the end of December 2022, there were 14,133 Garda sworn members across the country. This represents an increase of over 10% since 2015 when there were 12,816 Garda members nationwide. These Gardaí are supported by 3,126 Garda civilian staff, which represents an increase of more than 50% on the number assigned in 2015. This increases the availability of Gardaí to concentrate on frontline policing duties.
The attached spreadsheet, which was provided to me by the Garda authorities, sets out the number of Gardaí that are stationed in County Donegal, by station, at end December 2013 up to the end of December 2022, the latest date for which figures are available. Please note that this information is based on operational data provided by An Garda Síochána and may be liable to change.
Prison Service
Ceisteanna (333, 334)
Ivana Bacik
Ceist:333. Deputy Ivana Bacik asked the Minister for Justice the number of people held in solitary confinement 22+ hour lock up for more than 15 consecutive days during 2022; and if he will make a statement on the matter. [7827/23]
Amharc ar fhreagraIvana Bacik
Ceist:334. Deputy Ivana Bacik asked the Minister for Justice the number of people held on solitary confinement 22+ hour lock-up for more than 3, 6 months 1 year and 18 months during 2022; and if he will make a statement on the matter. [7828/23]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 333 and 334 together.
I have sought the information requested by the Deputy from the Irish Prison Service, however, the information was not available in time. I will write to the Deputy once the information is to hand.
The following deferred reply was received under Standing Order 51
I refer to your Parliamentary Question No. 333 and 334 of 13 February 2023, in which you requested information relating to the number of people held in solitary confinement 22+ hour lock up for more than 15 consecutive days during 2022 and the number of people held on solitary confinement 22+ hour lock-up for more than 3, 6 months 1 year and 18 months during 2022. You will recall that at the time the information requested was not readily available and I undertook to forward the information to you as soon as it was available. I have been advised by my officials in the Irish Prison Service that statistics concerning prisoners on restricted regimes are collated by the Irish Prison Service Statistics Unit for publication quarterly on its website (www.irishprisons.ie). The information can be found in the Information Centre – under Statistics & Information – Census Reports. I regret that the information in relation to the length of time a prisoner is placed on a restricted regime is not currently collated and published as part of the quarterly census. Currently, the census returns do not provide data on the length of time a prisoner is held on restricted regime and to retrospectively provide this information for 2022 would require a disproportionate amount of staff time and resources, and would be extremely onerous to compile. However, I am informed that the Irish Prison Service has commenced work to implement an IT solution to allow the capture of more detailed statistical information regarding prisoners on a restricted regime.
As you will be aware there are a number of reasons for the restriction to a person’s regime while in custody. This includes for safety or protection reasons, on the grounds of order and to protect the prison population from the spread of infection. My Department has taken steps to bring the Irish prison system into line with the United Nations Standard Minimum Rules for the Treatment of Prisoners (known as ‘Mandela Rules’) in respect of solitary confinement. This included the introduction of Statutory Instrument 276 of 2017 which amended Rule 27 of the Prison Rules 2007 and which provides a statutory entitlement to prisoners for a minimum of two hours out-of-cell time daily. This Statutory Instrument is implemented through the Irish Prison Service Policy on the Elimination of Solitary Confinement, which is publicly available on their website.
As the Deputy will be aware there are a number of reasons why a person may be on a restricted regime but this is not to say that in all instances where a person is on a restricted regime that they will be held in solitary confinement for 22+ hours a day. The Prison Rules 2007 also provide that the imposition of a restricted regime is closely monitored by the Irish Prison Service and the status of each prisoner on restricted regime within the prison system is regularly reviewed.
On occasion, it is necessary for prisoners to be separated from the general prison population. Under Rule 62 of the Prison Rules 2007, a Governor may decide, for the maintenance of good order in the prison, to remove a prisoner from general association or structured activity. The detention of a prisoner under this Rule must be reviewed by the Governor every 7 days. Where a prisoner is detained under Rule 62 for more than 21 days, the Governor must, on a weekly basis, submit a report to the Director General including the views of the prisoner, explaining the need for the continued removal of the prisoner from structured activity or association and requesting an extension on the prisoner’s detention under the Rule.
Rule 63 of the Prison Rules, 2007 provides that a prisoner may, either at his/her own request or when the Governor considers it necessary, in so far as is practicable and subject to the maintenance and good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause significant harm to him/her. The number of prisoners on Rule 63 fluctuates daily and the length of time spent on Rule 63 varies greatly as the level of threat and perceived threat changes. Prisoners on Rule 63 may be permitted to mix with other prisoners on Rule 63 in different risk groups and therefore are not necessarily detained on ‘22-hour lock-up’ or considered to be in ‘solitary confinement’. The Governor may also seek to place a prisoner on Rule 63 if information from An Garda Síochána or other intelligence sources indicate concerns about safety.
Further to this, a smaller number of prisoners may have their regimes restricted for medical (Rule 64) or for disciplinary reasons (Rule 67). Prisoners placed on a restricted regime for medical reasons are reviewed every 24 hours by the medical team and the Governor.
Question No. 334 answered with Question No. 333.
Legislative Reviews
Ceisteanna (335)
Ivana Bacik
Ceist:335. Deputy Ivana Bacik asked the Minister for Justice if he has plans to review the legislative provisions that prohibit access to all forms of temporary release for people serving a presumptive minimum prison sentence for certain drugs and firearm offences; and if he will make a statement on the matter. [7829/23]
Amharc ar fhreagraFreagraí scríofa
Section 29 of the Judicial Council Act 2019 requires that the Minister commence a review of enactments which provide for the imposition of minimum sentences.
In December 2021, my Department commenced this review and I hope to be in a position to provide it to the Oireachtas shortly.
International Protection
Ceisteanna (336)
Seán Haughey
Ceist:336. Deputy Seán Haughey asked the Minister for Justice if he will confirm the basis of Ireland’s legal responsibility to provide shelter to those who come to our country fleeing war and persecution; the role of the EU and the UN in respect of these obligations; if he has any plans to review these legal responsibilities; and if he will make a statement on the matter. [7837/23]
Amharc ar fhreagraFreagraí scríofa
Ireland has an obligation under EU and International Law to provide shelter to those who come to our country fleeing persecution. Seeking International protection is a legal right and when someone asks for protection of a country, that country’s authorities must examine that application.
Ireland is party to the 1951 UN Convention on the Status of Refugees. The Convention defines the term ‘refugee’ and outlines the rights of refugees as well as the legal obligations of States to protect them. The UNHCR supports and oversees implementation of the 1951 convention and its 1967 Protocol and States are expected to co-operate with the UNHCR in ensuring that the rights of refugees are respected and protected.
Ireland is also bound by the EU Asylum Procedures Directive (2005/85/EC). The Directive applies to all applications for asylum made in the territory of a Member State, including at the border or in a transit zone. The Directive provides asylum seekers with certain rights and guarantees, including the right to access the procedure and the right to remain in the Member State pending the examination of an asylum application. The European Commission is guardian of the Treaties and has a role in enforcing EU law and ensuring the uniform application throughout the EU.
The International Protection Act 2015 transposes the Asylum Procedures Directive into national law and gives further effect to the 1951 Refugee Convention and its 1967 Protocol.
Separately, beneficiaries of Temporary Protection in the State are entitled to protection under the EU Temporary Protection Directive (2001/55/EC). This was activated by the EU Council in March 2022 in respect of Ukrainian residents fleeing the Russian war of aggression against Ukraine.
The Directive and the Council Decision to activate it, place specific obligations on Ireland and on all EU Member States, including the duration of the temporary protection to be awarded and the State supports and services that the beneficiary should be entitled to. Those eligible for Temporary Protection (granted initially for one year, but renewable) will have immediate access to the labour market, social welfare, accommodation and other State supports as necessary.
To date some 75,000 people displaced by the war in Ukraine have been granted Temporary Protection in Ireland.
The Government remains committed to supporting the people and Government of Ukraine and will continue to work with our EU counterparts in relation to the implementation of the EU Council decision activating the Temporary Protection Directive, and on any further EU-wide measures in this regard.
Asylum Seekers
Ceisteanna (337)
Peadar Tóibín
Ceist:337. Deputy Peadar Tóibín asked the Minister for Justice the number of asylum seekers that were shown to have false travel documents for each of the past five years; and the resources the Government uses to ascertain what documents are false. [7852/23]
Amharc ar fhreagraFreagraí scríofa
It 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.
Oireachtas Committees
Ceisteanna (338)
Cian O'Callaghan
Ceist:338. Deputy Cian O'Callaghan asked the Minister for Justice the steps being taken to implement the recommendations made in the report by the Oireachtas Joint Committee on Justice on the sanctions for possession of drugs for personal use; and if he will make a statement on the matter. [7856/23]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware, the Department of Health leads on Government policy in the area of drugs, and this policy is guided by the national drugs and alcohol strategy "Reducing Harm, Supporting Recovery - a health led response to drug and alcohol use in Ireland 2017-2025". This strategy represents a whole-of-Government response to drug and alcohol use in Ireland.Implementation is led by my colleague, the Minister of State at the Department of Health, Hildegarde Naughton, and encompasses actions for all stakeholders, including An Garda Síochána and my Department.
The Misuse of Drugs Acts, under which the sanctions referred to rest, falls under the remit of the Minister for Health.
The Deputy may also wish to note that Minister Naughton received Government approval this week to establish a Citizens’ Assembly which will be asked to consider the legislative, policy and operational changes the State could make to significantly reduce the harmful impacts of illicit drugs on individuals, families, communities and wider society.
It is expected that the Assembly will begin its work in April.
Citizenship Applications
Ceisteanna (339)
Paul Murphy
Ceist:339. Deputy Paul Murphy asked the Minister for Justice whether he agrees that the rules for applying citizenship should be amended in order to treat time spent living in Northern Ireland as equivalent to time in the Republic of Ireland, in other words enabling a migrant to qualify for citizenship on the basis of time spent living in Northern Ireland; and if he will make a statement on the matter. [7858/23]
Amharc ar fhreagraFreagraí scríofa
The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended, and all applications are processed in line with the eligibility criteria as set out under the Act.
Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister for Justice may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled.
The conditions include that the applicant must have had a period of one year's continuous residence in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years, and that the applicant intends in good faith to continue to reside in the State after naturalisation. There are no plans to legislate to revise these requirement along the lines proposed by the Deputy.
Northern Ireland
Ceisteanna (340)
Paul Murphy
Ceist:340. Deputy Paul Murphy asked the Minister for Justice whether he agrees the rules should be changed to allow those legally resident in Northern Ireland to travel to the Republic of Ireland without restrictions. [7859/23]
Amharc ar fhreagraFreagraí scríofa
While the Common Travel Area (CTA) arrangement between Ireland and the UK is primarily for the benefit of Irish and UK nationals, CTA cooperation has brought benefits for certain groups of visa required nationals, notably in respect of the Short Stay Visa Waiver programme and the British Irish Visa Scheme.
Non visa required nationals resident in Northern Ireland can travel and remain in the State for a month without requiring permission to remain, in accordance with section 4(5)(d) of the Immigration Act 2004. Northern Ireland residents who are visa required to enter the State must apply for the appropriate visa. Generally, where people are legally resident in the UK and meet the criteria for the visa in question they are granted the appropriate visa.
While there are no plans to alter the visa regime in the short-term, the situation is kept under review. Officials from my Department, together with the Departments of the Taoiseach and Foreign Affairs, have met with representatives of the North West Migrants Forum in recent months to hear their concerns as non-citizen residents. The matters raised are being considered further.
Semi-State Bodies
Ceisteanna (341)
Catherine Murphy
Ceist:341. Deputy Catherine Murphy asked the Minister for Justice if he will provide a schedule of the non-commercial and semi-State commercial companies under his aegis; if an explanatory memorandum will be provided in respect of the policy of a dividend payment to the Exchequer from each company; the dividend paid by each company to the Exchequer for each year from 2000 to 2022; if his Department collects the funds and forwards it to the central fund or whether it goes directly; if over that period his Department has requested an increase in respect of the dividend due over its percentage shareholding; the number of occasions that it waived the dividend; the reason; and if he will make a statement on the matter. [7909/23]
Amharc ar fhreagraFreagraí scríofa
I can inform the Deputy that there are no non-commercial or semi-State commercial companies under the aegis of my Department.
International Protection
Ceisteanna (342)
Carol Nolan
Ceist:342. Deputy Carol Nolan asked the Minister for Justice the steps being taken to ensure that those with criminal convictions in their countries of origin are not being allowed access to the State through the International protection system or through the beneficiaries of temporary protection system; and if he will make a statement on the matter. [7927/23]
Amharc ar fhreagraFreagraí scríofa
The establishment of an applicant’s identity and nationality is an important feature of every immigration process and this is especially so in the context of persons who enter the Irish State for the purposes of making a claim for international protection. Each application for international protection is examined in detail on its individual merits, taking all factors into account.
Any and all criminal convictions are considered when processing an international protection application. An Garda Síochána notify the Department of matters which may be relevant to its examination of an application.
Each applicant for international protection has their fingerprints checked against the Eurodac system which allows officials to see if a person has previously applied for international protection in another Member State.
The Deputy should also note that every person that enters the state will go through a SIS check. SIS II is a centralised secure database used by European countries for maintaining information (alerts) related to border security and law enforcement. The integration of SIS II into national systems means that automatic alerts are generated in real-time in instances where, for example, a Garda member or Immigration Officer encounters a person who is wanted for or has been involved in a serious crime in another jurisdiction.
Any person being considered for a grant of status (refugee status, subsidiary protection or permission to remain) will have a character and conduct check (including checks for criminality) carried out in respect of them before any such status is conferred on them.
Permission to remain in the State is typically granted at the discretion of the Minister. Therefore, there is scope for having such a permission revoked, amended or not renewed, on grounds of criminality. Each case will be considered on its own merits and circumstances and in accordance with fair procedures.