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Thursday, 16 Feb 2023

Written Answers Nos. 1-20

Inquiry into the Death of Mr. Shane O'Farrell

Ceisteanna (6)

Bríd Smith

Ceist:

6. Deputy Bríd Smith asked the Minister for Justice if he intends to meet with the family of a person (details supplied) to discuss their concerns; if he can detail the progress on the scoping inquiry; if he will support a full independent inquiry into this case; and if he will make a statement on the matter. [7654/23]

Amharc ar fhreagra

Freagraí scríofa

I want to reiterate my condolences to the O'Farrell family on the death of their son and brother, Shane O'Farrell who was tragically killed in 2011. As I have already outlined and as the House is aware, a retired District Court Judge, Gerard Haughton, was appointed by the then Minister in 2019 to carry out a scoping exercise in light of the public controversy surrounding the circumstances of the tragic death of Shane O'Farrell.

The purpose of the scoping exercise was to advise whether any further investigation or inquiry beyond those already carried out was necessary and, if so, to advise on the form of such investigation or inquiry and its terms of reference.

Judge Haughton submitted his final report to Minister McEntee last June. Since receipt of the final report, the advice of the Attorney General was sought and received in relation to the issue of publication and other matters arising.

Minister McEntee wrote to each Department and Agency responsible for issues giving rise to recommendations in the Report and in July last year the O’Farrell family were provided with a copy of the report on a strictly confidential basis. I understand that Minister McEntee, together with the then Taoiseach, met with members of the O’Farrell family late last year regarding the report, both in terms of content and publication.

I am currently considering this important report myself and intend to decide shortly on how best to proceed.

Question No. 7 answered orally.

Domestic Violence

Ceisteanna (8)

Peadar Tóibín

Ceist:

8. Deputy Peadar Tóibín asked the Minister for Justice the number of times gardaí were called to scenes of domestic violence in the State in each of the past ten years and to date in 2023, by county, in tabular form; and if he will make a statement on the matter. [6738/23]

Amharc ar fhreagra

Freagraí scríofa

Tackling domestic violence and supporting vulnerable victims are priorities for the Department of Justice, for Government and for the Garda Commissioner. 

It is recognised that, historically, many people did not feel able to come forward to report domestic violence, for fear of retribution or indeed because they did not have confidence that the system would support and protect them.

An Garda Síochána and my Department are working hard to strengthen trust and confidence in the criminal justice system so that victims feel empowered to come forward. 

My Department has also worked with criminal justice agencies and civil society frontline partners on national awareness raising campaigns and to co-design our most ambitious domestic, sexual and gender based violence strategy.

I can assure the Deputy that the Gardaí prioritise and proactively respond to incidents of domestic abuse and have themselves reported that they respond to a domestic abuse incident approximately every 10 minutes.

Gardaí now have Divisional Protective Services Units in each division, so specialised teams nationwide follow up with vulnerable victims in these most difficult cases.

They have also introduced new mandatory domestic violence training, as well as training for using the ‘Risk Evaluation Tool’ to ensure all vulnerable victims receive the service and supports they need.

As part of delivering on the commitments under the Third National Strategy, Minister Harris is strengthening the law in this area, including by increasing the penalties for assault causing harm, introducing standalone offences of non-fatal strangulation and by progressing a new Sexual Offences Bill which will, among other things, better support victims.

Work also continues to implement Supporting a Victim’s Journey, to reform the criminal justice system at every point a victim comes into contact with it, .

I am informed by An Garda Síochána that the number of domestic violence calls responded to in 2022 was 53,775.

This represents an increase of 4462 calls responded to, or approximately an 9% increase on 2021 figures.

Overall there has been approximately a 40% increase in domestic violence calls responded to by Gardaí across the country when compared with 2019 figures (which, as previously explained, was the year changes in the recording of these figures were introduced and so is the earliest comparable year to the 2022 figures) .

Questions Nos. 9 to 12, inclusive, answered orally.

Immigration Policy

Ceisteanna (13)

Mattie McGrath

Ceist:

13. Deputy Mattie McGrath asked the Minister for Justice the Government's policy approach to managing immigration, given the recent rapid increase in migration and its impact on the housing crisis. [6881/23]

Amharc ar fhreagra

Freagraí scríofa

The right to seek international protection is a human right and when someone requests protection at the border of a country, that country’s authorities must examine that application in accordance with our obligations under international and EU asylum law.

My Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively, as part of the broader Government response, while ensuring the integrity of Ireland's rules-based immigration system is maintained. 

I am 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.

A new accelerated procedures for international protection applicants from safe countries of origin was introduced in November 2022 which is intended to significantly reduce processing times for first instance decisions. As it has only been recently introduced, my Department is monitoring implementation and the impact on processing times.

The Government has also committed additional funding of nearly €18m in 2023 to increase 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.

Overall, we are working to minimise the timeframe for receiving a decision on an international protection application, giving status to those who are entitled to international protection to rebuild their lives here, while also ensuring faster decision making in respect of those who are deemed to be not entitled to international protection.

In relation to temporary protection offered to those arriving from Ukraine, Ireland has acted swiftly and compassionately to demonstrate our support and solidarity with the Ukrainian people and my Department continues to work closely with colleagues across Government to ensure a coordinated national response. To the end of January almost 73,000 people have been granted temporary protection in Ireland. 

Questions Nos. 14 and 15 answered orally.

Asylum Applications

Ceisteanna (16)

Bríd Smith

Ceist:

16. Deputy Bríd Smith asked the Minister for Justice if he is aware of concerns expressed by advocates and human rights campaigners about the dangers of “fast tracking” asylum applications from supposedly “safe countries”, and that such procedures can lead to applicants being denied proper legal advice; and if he will make a statement on the matter. [7655/23]

Amharc ar fhreagra

Freagraí scríofa

Seeking international protection is a human right and it is important to note at the outset that all International Protection applications are examined fully and individually on their merits, including those from countries which are designated as safe countries of origin. My Department's objective is to ensure that applications are dealt with fairly and efficiently within the framework of Ireland's international obligations.

An applicant from a safe country of origin is afforded the opportunity to submit grounds, in writing and/or at interview, as to why their country is not safe for them and those grounds are given due consideration. Furthermore, all applicants have the right to appeal a negative recommendation by the International Protection Office to the International Protection Appeals Tribunal.

On November 8 2022, the International Protection Office (IPO) of my Department introduced accelerated procedures for international protection applicants from safe countries of origin. These arrangements are designed to support our fair and efficient rules based system.

As part of this new procedure, to assist our customers in completing their application, the International Protection Office provided additional supports to applicants in the form of independent cultural mediators who are available to assist applicants in completing application forms and provide support and information in respect of the protection system in Ireland.

The role of the cultural mediator is to independently assist and support the applicant in the process, and is complementary to the provision of formal legal advice. In this regard, applicants are encouraged to seek legal assistance at any stage of their application, be that at initial application stage, their substantive interview or later in the process. Applicants are also provided with the necessary interpretation supports at each stage of the process.

Legal advice and representation, where required, for people in the international protection process in Ireland is provided by the independent Legal Aid Board.

Since the new accelerated procedure began, over 600 Interviews have been scheduled for applicants coming from a Safe Countries of Origin and 400 Interviews have taken place. The first instance decisions on these 400 cases under the new accelerated procedure have begun to issue.

An Garda Síochána

Ceisteanna (17)

Jim O'Callaghan

Ceist:

17. Deputy Jim O'Callaghan asked the Minister for Justice the steps he intends to take to respond to the recruitment crisis in An Garda Síochána. [7507/23]

Amharc ar fhreagra

Freagraí scríofa

The Government is committed to building stronger, safer communities and ensuring that An Garda Síochána has the resources it needs, which is reflected in an allocation of over €2.14 billion under Budget 2023. Since 2015, the government has increased the budget provided to An Garda Síochána by approximately €672m, or 46%. This has allowed for sustained and ongoing recruitment - only interrupted by the Covid pandemic.

Since 2015 a total of 4,029 recruits have been through Templemore and there has been an increase of over 10% in the number of Garda members to the current total of 14,133. These Gardaí are supported by 3,126 Garda staff which is more than 50% on the number assigned in 2015, while over 880 Garda members have been freed up from back office duties to front line policing due to civilianisation. I am committed to securing the resources necessary to grow Garda numbers to 15,000 and beyond.

While the Government’s objective is to support ongoing growth in the organisation, it is important to understand that recruitment was significantly and understandably disrupted when Templemore was necessarily closed during the COVID pandemic.  

It must also be recognised that recruitment to An Garda Síochána - our national policing and security service – requires the Commissioner to be satisfied, not just of the general qualifications and physical fitness of applicants given the demanding nature of the job, but also of their general suitability and integrity.  The Commissioner is determined to maintain the calibre of candidates which has served An Garda Síochána well over the last century and I share that commitment to high standards.  Candidates must therefore be carefully vetted and assessed.  It is increasingly the case that many candidates have lived abroad for some time and therefore these processes can take longer than previously and are somewhat outside the direct control of An Garda Síochána. 

In line with the Government’s commitment to grow An Garda Síochána to 15,000, the Commissioner plans to accelerate Garda recruitment coming out of the pandemic. The Commissioner and his team have assured me that the target to recruit 1,000 new Gardaí in 2023 can be achieved.

It is clear from the response to last year's competition that, despite intense competition in the employment market, a career in An Garda Síochána is attractive to a large number of people and it is equally clear from the 2022 Garda Culture Audit that Gardaí have high levels of job satisfaction, notwithstanding the risks and challenges associated with their role.  While the recruitment process takes time for the reasons I've outlined, there is every reason to be confident that An Garda Síochána will continue to attract the numbers required to keep the public safe.  I can assure the Deputy that this Government will not be found wanting in its support for that objective. 

Crime Prevention

Ceisteanna (18)

Richard Bruton

Ceist:

18. Deputy Richard Bruton asked the Minister for Justice if he will indicate the resource deployment to counter community safety concerns in Dublin city centre; and if he has received a report of the impact of the initiative, in crime statistics and in feedback from organisations in the area. [6758/23]

Amharc ar fhreagra

Freagraí scríofa

I can assure the Deputy that my Department is committed to ensuring that communities are safe and feel safe. To that end, the Government is investing unprecedented resources in An Garda Síochána to ensure that people feel Dublin City Centre is a safe place to live, work, visit, and do business in.

An Garda Síochána has a number of operations currently in place to tackle crime and anti-social behaviour in Dublin. This includes Operation Citizen, which aims to deliver an enhanced daily high-visibility policing presence in Dublin City Centre.

A new Garda Station will open in the coming weeks at 13A O'Connell Street and this will support the maintenance of a high visibility presence by Gardaí in the area. This will be in addition to the re-opening of nearby Fitzgibbon Street Garda station, which features a bespoke Crime Victim Support Suite, the first of its kind in Ireland. 

As the Deputy may be aware, innovative Local Community Safety Partnerships are currently being piloted in three locations including, Dublin's North Inner City. These are designed to identify the issues that cause communities to feel unsafe, and to address them by providing a forum for residents and community representatives, along with the relevant State agencies to prioritise and address them.

A mid-term evaluation, covering the first 12 months of the pilots, is due to be submitted to my Department shortly and the Dublin LCSP community safety plan is expected to be published soon.

My Department has provided funding to the Dublin LCSP through the Community Safety Innovation Fund to develop a Community Safety Warden scheme which will promote a space for recreation in and around Wolfe Tone Park, and an extension to the scheme will include the O’Connell Street area during weekends.

The scheme will provide a visible presence that will act both as a deterrent to criminal and anti-social behaviour, and as reassurance to the community. The Dublin LCSP also continues to work collaboratively with key stakeholder agencies to address matters as they arise, and has four proactive sub groups focussed on specific themes.

Crime Prevention

Ceisteanna (19)

Paul Donnelly

Ceist:

19. Deputy Paul Donnelly asked the Minister for Justice if consideration has been given to tackle the upsurge in car robberies and subsequent anti-social behaviour across the city and in particular imported cars; the number of stolen cars reported and the amount of convictions for same in tabular form. [7421/23]

Amharc ar fhreagra

Freagraí scríofa

The Government firmly supports An Garda Síochána in its continued commitment to combatting criminal and anti-social behaviour. [Car theft is an invasive crime that impacts people right across Ireland.]

The Garda authorities advise me that local Garda management continue to monitor crime trends across their respective Divisions, including incidents of vehicle theft. I understand that when specific crime trends/pattern are identified, local management consider measures in addition to routine policing responses, including location-specific patrols, intelligence-led operations, and searches and arrests.

The Courts Service advise me that conviction statistics are not maintained in such a way to enable the identification of the type of property, including stolen cars, under the Theft and Fraud Offences Act.

I am informed by the Garda authorities that there were 421 reported incidents of ‘Theft / Unauthorised Taking of a Vehicle’ in January 2023 compared to 361 in January 2022, an increase of 17%. This increase aligns to the general increase of crime trends following the lifting of pandemic restrictions.

The Garda analysis indicates an increase in the theft of imported cars to be utilised for criminal behaviour such as joy riding, and also shows an increase in the theft of high value cars. However, the Garda authorities have had recent success in the investigation and recovery of vehicles, including investigations linked to organised crime activities.

I am further advised that Garda Crime Prevention Officers liaise with local media to promote effective preventative measures, including information about how to ‘Park Smart / Secure your Vehicle’. The Garda National Crime Prevention Unit have identified a three-pronged approach to further tackle this developing crime trend:

1) seeking to raise national public awareness through Crimecall;

2) adding additional security advice to the Garda webpage;

3) raising awareness through the network of Crime Prevention Officers around the country.

Legislative Measures

Ceisteanna (20)

Willie O'Dea

Ceist:

20. Deputy Willie O'Dea asked the Minister for Justice to provide an update on the progression of the Gambling Regulation Bill 2022. [7513/23]

Amharc ar fhreagra

Freagraí scríofa

The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being.  The legislative reform will cover gambling online and in person, and include powers to regulate advertising, gambling websites and apps.

As the Deputy will be aware, the Gambling Regulation Bill 2022 was approved by Government on the 15th November. The Bill sets out the framework and legislative basis for the establishment of a new, independent statutory body – the Gambling Regulatory Authority of Ireland - and for a robust regulatory and licensing regime for the gambling sector. The Bill completed Second Stage in the Dáil on Tuesday, 6th December. The Bill is being further developed in preparation for Committee Stage, which is expected to take place in the coming months.

The Bill, once enacted, will provide the Authority with the necessary enforcement powers for licensing and enable it to take appropriate and focused action where providers are failing to comply with the provisions of this bill and with the Authority’s licensing terms, conditions and regulations. 

A key focus of the Bill is to protect children from the harms associated with gambling by making it unlawful for any gambling service provider to permit a child to participate in gambling.  The Bill will also include restrictions on advertising aimed at children and on sponsorship by gambling service providers of activities or organisations involving children.

A Programme Board has been established in my Department to ensure that the legislation and the operational preparations are progressed in parallel so that the Authority is in a position to commence operations, on a phased basis, as soon as possible after enactment.  Planning is progressing in the expectation that the legislation will be enacted in 2023.  In this regard, I am pleased to say that the CEO Designate of the Gambling Regulatory was appointed last September and she is progressing this preparatory work.

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