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Tuesday, 21 Mar 2023

Written Answers Nos. 1078-1097

Courts Service

Ceisteanna (1078)

Noel Grealish

Ceist:

1078. Deputy Noel Grealish asked the Minister for Justice if he will review the status of experts under the Guardianship of Infants Act 1964, (Child's Views Expert) Regulations 2018, with a view to correcting the anomaly (details supplied) to include current practitioners, that is, psychotherapists, already working within the court services, to be included on the list of child's views experts; and if he will make a statement on the matter. [13251/23]

Amharc ar fhreagra

Freagraí scríofa

The Guardianship of Infants Act 1964 (Child's Views Expert) Regulations 2018 (S.I. No. 587 of 2018) specify the necessary qualifications and experience of child’s views experts appointed under section 32(1)(b) of the Guardianship of Infants Act 1964 in private family law proceedings. The Regulations provide that the following may be appointed to perform the functions of child’s views expert: a psychiatrist, a psychologist, a social care worker, a social worker or a teacher. The Regulations specify that the designated professionals must be registered with a relevant regulatory body such as the Medical Council, the Teaching Council or the Health and Social Care Professionals Council (CORU). The Regulations provide that all designated professionals must have practised or provided a service specifically for children or adolescents and provided that service for a period of not less than 5 years within the 10 years immediately preceding their appointment.Registration of health and social care professionals is a matter for CORU, the body charged with regulating the health and social care professions, under the Health and Social Care Professionals Act 2005. Responsibility for this legislation and its associated agencies falls under the remit of the Department of Health. In advance of the establishment by CORU of registers of psychologists and social care workers, the Child’s Views Experts Regulations specify that psychologists and social care workers must hold a qualification specified in the Health and Social Care Professional Act 2005. Further consideration will be given to the question of amending the 2018 Regulations to include psychotherapists and counsellors when arrangements for the statutory registration of those professions under the Health and Social Care Professionals Act 2005 have been finalised by the Minister for Health and CORU.On 16th November, Minister McEntee published the first Family Justice Strategy which sets out a vision for a family justice system of the future - a system that will focus on the needs and rights of children, assist their parents in making decisions that affect all of the family, one that makes it easier for vulnerable parents and families to get support and make informed decisions.Among the actions in the Family Justice Strategy, under the Goal of Supporting Children, is an examination of the role of expert reports in the family law process, including the commissioning and availability of the reports; their content and use, and to make recommendations regarding their future application and function. Work has commenced and is being led by the Department of Justice, working closely with the Department of Children, Equality, Disability, Integration and Youth.

Peace Commissioners

Ceisteanna (1079, 1080, 1081, 1082, 1083, 1084)

Michael Lowry

Ceist:

1079. Deputy Michael Lowry asked the Minister for Justice the steps that a person should take in order to become a peace commissioner; and if he will make a statement on the matter. [13282/23]

Amharc ar fhreagra

Michael Lowry

Ceist:

1080. Deputy Michael Lowry asked the Minister for Justice the criteria which would prohibit a person from becoming a peace commissioner; and if he will make a statement on the matter. [13283/23]

Amharc ar fhreagra

Michael Lowry

Ceist:

1081. Deputy Michael Lowry asked the Minister for Justice where a County Tipperary resident may acquire a list of all Tipperary appointed peace commissioners and their contact details; and if he will make a statement on the matter. [13284/23]

Amharc ar fhreagra

Michael Lowry

Ceist:

1082. Deputy Michael Lowry asked the Minister for Justice if a peace commissioner is appointed in the Mullinahone area of County Tipperary; and if he will make a statement on the matter. [13285/23]

Amharc ar fhreagra

Michael Lowry

Ceist:

1083. Deputy Michael Lowry asked the Minister for Justice the number of peace commissioner applications received and pending approval from persons resident in County Tipperary; and if he will make a statement on the matter. [13286/23]

Amharc ar fhreagra

Michael Lowry

Ceist:

1084. Deputy Michael Lowry asked the Minister for Justice how frequently the list of peace commissioners is updated to reflect commissioners who have died, who have retired, surrendered or been removed from their peace commissioner appointment; and if he will make a statement on the matter. [13287/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1079, 1080, 1081, 1082, 1083 and 1084 together.

Peace Commissioners are appointed and may be removed from that appointment by the Minister for Justice under section 88 of the Courts of Justice Act 1924. The office of Peace Commissioner is an honorary one for which there is no remuneration or compensation by way of fees or expenses for their services. A person who wishes to be considered for the position of Peace Commissioner can make an application to my Department or a third party may nominate an individual for the position. Applications can be sent to Office of the Minister for Justice, 51 St. Stephen’s Green, Dublin 2.There are no qualifying examinations or educational standards required to be appointed as a Peace Commissioner but applicants are required to be a person of good character. Most Peace Commissioners are well established in their local community. Anyone who has been charged with or convicted of a serious offence will not be considered for appointment. Solicitors, people involved in the administration of criminal justice such as, Gardaí and employees of the Irish Prison Service, and members of the clergy are, as a matter of practice, not appointed because of their occupation.

The fact that an applicant or nominee may be suitable for appointment does not, in itself, provide any entitlement to appointment as appointments are made entirely at the discretion of the Minister for Justice. Factors such as the need for appointments in a particular area and regional requirements are also taken into account.

My Department maintains the Roll of Peace Commissioners and while every effort is made to keep the Roll up to date, the records do not always reflect the actual situation on the ground. This is because the Department is reliant on the Peace Commissioners themselves and other interested parties to advise of changes in circumstances of individual Peace Commissioners since their appointment. My Department is currently updating the Roll of Peace Commissioners.

Anyone wishing to avail of the services of a Peace Commissioner can contact their local Garda Station who may be able to provide the name and address of a Peace Commissioner in their area. Alternatively, they may contact the Peace Commissioner Unit in my Department which is pleased to assist individuals who require the services of a Peace Commissioner. The Peace Commissioner Unit in my Department can be contacted by emailing peacecommissioner@justice.ie or info@justice.ie.

I can inform the Deputy that there are currently six Peace Commissioners in the Mullinahone District. Currently, five applications to be appointed as a Peace Commissioner are being progressed by my Department from persons with addresses in County Tipperary. I have attached, for the Deputy’s information a list of Peace Commissioners in the Mullinahone District.

The Deputy may wish to note that it is intended to review and reform the role of Peace Commissioners. This review will include consideration of grounds for appointment and removal of an individual Peace Commissioner.

Sub-district

Name 

Mullinahone

Gleeson, James

Mullinahone

O'Brien, David J.

Mullinahone

O'Dwyer, James

Mullinahone

Quirke, Roger

Mullinahone

Reilly, John Joseph

Mullinahone

Reilly, Martin

Question No. 1085 answered with Question No. 1054.

Domestic Violence

Ceisteanna (1086)

Darren O'Rourke

Ceist:

1086. Deputy Darren O'Rourke asked the Minister for Justice the number of domestic violence liaison officers attached to each Garda division as of 10 March 2023 and 30 June 2021, in tabular form [13342/23]

Amharc ar fhreagra

Freagraí scríofa

I requested the information sought by the Deputy from the Garda authorities. Unfortunately, this information was not received in time, however, I will contact the Deputy directly once the information is to hand.

An Garda Síochána

Ceisteanna (1087)

Darren O'Rourke

Ceist:

1087. Deputy Darren O'Rourke asked the Minister for Justice the number of cases that each Garda divisional protective services unit has dealt with in 2021, 2022 and to-date in 2023, in tabular form. [13343/23]

Amharc ar fhreagra

Freagraí scríofa

I requested the information sought by the Deputy from the Garda authorities. Unfortunately, this information was not received in time. I will contact the Deputy directly once the information is to hand.

The following deferred reply was received under Standing Order 51.

I would like to assure you that both Commissioner Drew Harris and I are committed to combatting all forms of domestic, sexual and gender-based violence and to ensuring that An Garda Síochána is resourced to provide support to victims of this terrible crime. Twelve months ago we published our Zero Tolerance strategy. It is an ambitious five-year programme of reform to achieve a society which does not accept domestic violence or the attitudes which underpin it.

The €363 million strategy is built on four pillars – Protection, Prevention, Prosecution and Policy Co-ordination – and the accompanying implementation plan contains 144 detailed actions to be implemented through new oversight structures.

As you may be aware, the nationwide roll -out of Divisional Protective Service Units (DPSUs), which was an action under both the Commission on the Future of Policing in Ireland and ‘Supporting a Victim's Journey’, has been completed.

There is now a DPSU in every Garda division across the country.

This ensures that when vulnerable victims of crimes such as domestic abuse and sexual violence present to Gardaí, they are met with a consistently high standard of specialist, sensitive, professional and expert assistance.

In relation to the specific information sought, I am informed that no central record exists in relation to the number of cases that each DPSU has dealt with in 2021, 2022 and to-date in 2023, and to collate the information would also require a disproportionate expenditure of Garda time and resources, in particular historical figures regarding case-loads.

I'm further informed that your request has been explored and considered thoroughly by various sections within AGS where it was concluded that it is not possible to report with any reliability on the number of incidents assigned to DPSU staff in the past, due to the transfer and movement of staff due to promotion, and so on.

An Garda Síochána

Ceisteanna (1088)

Darren O'Rourke

Ceist:

1088. Deputy Darren O'Rourke asked the Minister for Justice if he will report on Garda Operation Stratus; the number of persons arrested and charged to date; the number of successful convictions obtained to date; and if this operation is still ongoing. [13345/23]

Amharc ar fhreagra

Freagraí scríofa

An Garda Síochána has made important progress in tackling the threat of gangland crime in Drogheda through Operation Stratus.

The Operation consists of high visibility patrols and checkpoints, days of action and covert policing initiatives. This work is supplemented by personnel from the regional armed support unit, the drugs unit and the divisional roads policing unit and has resulted in the seizure of considerable amounts of cash, firearms and controlled drugs.

The table below, provided to me by the Garda authorities, shows the number of arrests, charges and summonses associated with Operation Stratus between 1 January 2018 and 13 March 2023. The figures quoted are operational and liable to change.

Year

Charges

Arrests

Summons

2018

32

22

15

2019

87

57

85

2020

179

106

134

2021

59

18

20

2022

17

*

12

Up to 13 March 2023

*

*

*

*Figures less than 10 are denoted by * for data protection reasons.

In relation to the information requested by the Deputy on the number of convictions under Operation Stratus, the Courts Service advise me that conviction statistics are not maintained in such a way as to provide a response.

Human Trafficking

Ceisteanna (1089)

Patrick Costello

Ceist:

1089. Deputy Patrick Costello asked the Minister for Justice the number of INIS staff that have training in relation to human trafficking awareness or human trafficking indicators; to what level this training is provided; if this training is provided on an ongoing basis; and if he will make a statement on the matter. [13440/23]

Amharc ar fhreagra

Freagraí scríofa

Human trafficking is an exploitive crime that preys on the vulnerable. There is no place for it in our society. We know vulnerable people are trafficked into Ireland for exploitation reasons, including sexual exploitation, forced labour and forced criminality. The Government is fully committed to identifying and supporting victims of this terrible crime.

All Immigration Officers in the Border Management Unit (BMU) of my Department receive Human Trafficking Awareness training, which is delivered as part of their initial training programme. The BMU works closely with colleagues in An Garda Síochána on the issue of human trafficking, and also cooperates with UK colleagues in relation to ongoing training and knowledge-sharing in this area. In November 2022, 20 BMU Immigration Officers received further training in Safeguarding and Modern Slavery, delivered by UK partners.

In 2019, the UNHCR conducted training for the International Protection Office (IPO) with approximately 50 staff in attendance.

Furthermore, the International Protection Office (IPO) has procedures in place when dealing with potential victims of human trafficking and also has an internal guidance resources available to all IPO staff. The IPO has a ‘Designated Officer’ whose role it is to make a referral to An Garda Síochána.

A specialised Garda Unit, the Human Trafficking Investigation and Co-ordination Unit (HTICU), has been in place since 2009 to conduct investigations into human trafficking. It also provides advice, support and where necessary, operational assistance to investigations at district level.

Irish Sign Language

Ceisteanna (1090)

Ivana Bacik

Ceist:

1090. Deputy Ivana Bacik asked the Minister for Justice if he will report on the implementation of the Irish Sign Language Act 2017 by the Courts Service. [13491/23]

Amharc ar fhreagra

Freagraí scríofa

Management of the courts, 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. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie.

Implementation of the Irish Sign Language Act 2017 is a matter for the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.

Irish Sign Language

Ceisteanna (1091)

Ivana Bacik

Ceist:

1091. Deputy Ivana Bacik asked the Minister for Justice if he will report on the implementation of the Irish Sign Language Act 2017 by the Prison Service. [13492/23]

Amharc ar fhreagra

Freagraí scríofa

I am advised that the Irish Prison Service has informed and updated all prison governors across the estate of the requirements under the Irish Sign Language Act 2017. People in custody can request the assistance of an interpreter in a particular language, including Irish Sign language.

Across the prison estate, contact details for the Sign Language Interpreting Service (the national Sign Language interpreting service for Ireland), the Directory of Registered Interpreters and practical information on selecting the right interpreter are in place.

Irish Sign Language

Ceisteanna (1092)

Ivana Bacik

Ceist:

1092. Deputy Ivana Bacik asked the Minister for Justice if he will report on the implementation of the Irish Sign Language Act 2017 by An Garda Síochána. [13493/23]

Amharc ar fhreagra
The following deferred reply was received under Standing Order 51
As you are aware, in accordance with the Garda Síochána Act 2005 (as amended), it is the Garda Commissioner who is responsible for managing and controlling generally the administration and business of An Garda Síochána, including the implementation of the Irish Sign Language Act within the Garda organisation. As Minister I have no role in these matters. As you are aware the Irish Sign Language Act 2017 came into operation in December 2020. This Act recognises the right of Irish Sign Language (ISL) users to use it as their native language. It confers a duty on all public bodies to provide ISL users with free interpretation when availing or seeking to access statutory entitlements and services at no cost to the person concerned. They must ensure interpretation is provided by an interpreter who is on the Register of ISL Interpreters.
An Garda Síochána is striving to achieve equal access to services to the deaf community and ISL Users.
The Garda authorities advise that since 2021 over 2000 of their members and staff have completed the Policing and Human Rights Law in Ireland Course from the University of Limerick. The course content contains information on how to engage with vulnerable victims, which includes the Deaf community.
Promotion and notification of ISL developments and initiatives are used to create awareness. Recent promotions included the fifth National Irish Sign Language Day, the Sligo/Leitrim Cultural Engagement Initiative and promotion of the Services for the Deaf Sign Language User. All major national planned events An Garda Síochána have an ISL interpreter in attendance. All pre-planned video campaigns that are shared through An Garda Síochána social media have an ISL interpreter. I am further advised that the Irish Remote Interpreting Services and An Garda Síochána have launched an ongoing pilot programme that provides better access to the deaf community in Cabra and Tralee Garda Stations.
An Garda Síochána is a partner agency in the EU Funded JUSTISIGNS 2 project. This project responds to the EU Victims Directive by developing education and training solutions to support better access to services for deaf, migrant and refugee women and girls who are victims of gender-based violence; and includes the Deaf community as a marginalised group in society which has historically experienced social exclusion. I am advised that the project is led by a consortium of European experts from Ireland, Belgium, Spain and the UK who are collaborating and undertaking research within the deaf, migrant, refugee and asylum-seeking community to investigate the experiences of domestic, sexual and gender-based violence and their interactions with support agencies. The consortium includes the European Union of the Deaf, the Centre for Deaf Studies, Trinity College, Dublin Rape Crisis Centre and An Garda Síochána.
I am advised that the Garda National Diversity and Integration Unit (GNDIU) operates at the Garda National Community Engagement Bureau. As a national office, GNDIU is responsible for monitoring, advising and co-ordinating on all aspects of diversity and integration from an external perspective. The GNDIU train, develop and support a network of Garda Diversity Officers around Ireland to actively engage with and attend to the concerns of minority, diverse and hard to reach communities - providing reassurance, building trust and extending the accessibility of the Garda Service.
I am advised that there are currently 481 Garda Diversity Officers nationwide. Their role includes overcoming communication barriers with those from diverse backgrounds through active engagement, open dialogue and collaboration. The list of Garda Diversity Officers is currently publically available at www.garda.ie.
I am informed that An Garda Síochána will continue to improve knowledge, awareness and accessibility to the Deaf Community and Sign Language Users ensuring Human Rights is at the centre of service delivery.
I hope this information will be of assistance to you.

Freagraí scríofa

I requested the information sought by the Deputy from the Garda authorities. Unfortunately, this information was not received in time, however, I will contact the Deputy directly once the information is to hand.

Irish Sign Language

Ceisteanna (1093)

Ivana Bacik

Ceist:

1093. Deputy Ivana Bacik asked the Minister for Justice if he will report on the implementation of the Irish Sign Language Act 2017 by the Legal Aid Board. [13494/23]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Legal Aid Board provides legal advice and aid under the relevant terms of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996-2017. 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.

Notwithstanding the Legal Aid Board’s independence, I can however assure the Deputy that the Legal Aid Board is fully aware of its obligations under the Irish Sign Language (ISL) Act 2017 and that the organisation arranges for a registered ISL interpreter where this service is required.

The Legal Aid Board has indicated that it will provide any additional information directly to the Deputy if requested.

Visa Applications

Ceisteanna (1094)

Bernard Durkan

Ceist:

1094. Deputy Bernard J. Durkan asked the Minister for Justice further to Parliamentary Question No. 510 of 7 March 2023, if he will clarify the official date of receipt of a visa application in the case of a person (details supplied); and if he will make a statement on the matter. [13556/23]

Amharc ar fhreagra

Freagraí scríofa

The person referred to by the Deputy created an on-line Join Family visa application on the 8 October 2022. The supporting documentation was received for this application on the 24 October 2022 in the Athens office. This visa application was then sent to the Dublin Visa Office for further processing by a Visa Officer. It was received in the Dublin Visa Office on the 28 November 2022.

The Dublin Visa Office are currently processing visas of this type received, in the Dublin Visa office, on the 31 July 2022. Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday:

www.irishimmigration.ie/visa-decisions/

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 (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 Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.

Question No. 1095 answered with Question No. 1054.

An Garda Síochána

Ceisteanna (1096, 1106)

Pádraig O'Sullivan

Ceist:

1096. Deputy Pádraig O'Sullivan asked the Minister for Justice the number of gardaí assigned to each town in south Kildare in 2010, 2019 and to date in 2023, in tabular form; and if he will make a statement on the matter. [13596/23]

Amharc ar fhreagra

Pádraig O'Sullivan

Ceist:

1106. Deputy Pádraig O'Sullivan asked the Minister for Justice if he will confirm the number of gardaí assigned to each town in south Kildare in 2010, 2019 and 2022, in tabular form; and if he will make a statement on the matter. [13726/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1096 and 1106 together.

The Government is committed to ensuring An Garda Síochána has the resources it needs to deliver a modern, fit-for-purpose, policing service, with the unprecedented allocation provided in Budget 2023 of €2.14 billion.

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including responsibility for the recruitment, training and deployment of Garda members. As Minister, I have no role in such matters.

I am however assured that Garda management keeps the distribution of resources under continual review. I am advised that this is considered in the context of crime trends and policing priorities, to ensure the optimum use of these resources.

I am advised by the Garda authorities that at the end of February 2023, the latest date for which figures are available, there were 434 Garda member assigned to Kildare Division. This represents an increase of just over 34% since end December 2010 when there were 323 Gardaí assigned to the Division.

The attached spreadsheet which has been provided to me by the Garda authorities sets out the total number of Garda members assigned to Kildare Division at end December 2010, 2019 and 2022, and at end February 2023, the latest date for which figures are available.

Please note that this information is based upon operational data which has been provided by An Garda Síochána and may be liable to change.

Kildare Division

Citizenship Applications

Ceisteanna (1097)

Bríd Smith

Ceist:

1097. Deputy Bríd Smith asked the Minister for Justice the average processing times for citizenship applications (details supplied) in each of the years 2015 to date in 2023, in tabular form; and if he will make a statement on the matter. [13617/23]

Amharc ar fhreagra

Freagraí scríofa

I am deeply conscious of how important the granting of naturalisation is to those who apply for it and my Department continued to accept and process citizenship applications throughout the pandemic and during all levels of public health restrictions.

In 2022 there were 13,613 Certificates of Naturalisation issued, including 1,719 in respect of minor applicants. This represents a 39% increase on the number of certificates issued for 2021 (9,780) and demonstrates the Departments commitment to processing applications in a timely manner.

There are ongoing developments and improvements being made to the citizenship application process. Significant reforms have been introduced for customers to streamline the number of proofs required to establish their identity and residency as part of the application process. A new scorecard was introduced to help applicants to complete their applications. Since this initiative went live, a preliminary review of applications received indicates that the quality of the applications has markedly improved.

I welcome this development which builds on other innovative measures introduced in the application process, including the deployment of “Tara” the e-chat bot, as well as e-payments, e-tax clearance and Gardaí e-vetting, and the removal of the requirement to provide the original passport when making an application, all of which have positively enhanced the applicant's experience.

I have provided in the table below the average processing time in months for citizenship applications for the years 2015–2022 and up to the end of February 2023.

Year

Average Processing Time (Months)

2015

7

2016

6

2017

7

2018

10

2019

12

2020

13

2021

23

2022

23

2023

23

The current median processing time is 19 months. The median figure is more representative of the ‘normal’ processing time as cases with unusually long processing times can skew the data.

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