Tuesday, 7 Nov 2023

Written Answers Nos. 818-837

An Garda Síochána

Ceisteanna (818)

Peadar Tóibín

Ceist:

818. Deputy Peadar Tóibín asked the Minister for Justice the number of gardaí who have taken stress leave in each of the past five years and to date in 2023, in tabular form. [47794/23]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes all internal Garda HR matters. As Minister, I have no role in this.

I have been advised by An Garda Síochána that stress leave is not a category of leave utilised in AGS. There is a sub-category on the Sickness Absence Management System for the recording of absences due to mental health. The following statistics have been compiled using the mental health illness subcategory, which may include stress.

Number of Members Recorded as taking Sickness Absence due to Mental Health Illness as published.

2023 to date(01.01.2023 – 26.10.2023)	35 Members
2022	50 Members
2021	47 Members
2020	51 Members
2019	54 Members
2018	58 Members

Policing as a profession exposes people to sometimes traumatic and challenging incidents and it is crucial that personnel have access to, and avail of, appropriate supports when they need them. I was pleased to announce that €6m was provided for Garda wellbeing initiatives in the recent Budget, as part of an unprecedented allocation of €2.31 billion.

In conjunction with the Employee Assistance Service, a Peer Supporter Programme was established within An Garda Síochána. Peer supporters are colleagues who have received appropriate training to help members cope with the effect of a traumatic incident in the workplace. Since June 2016, a 24/7, 365 Independent Helpline and Counselling Service is available to all staff within An Garda Síochána with the service available for both work and personal difficulties. Each member of the organisation may avail of six free sessions of counselling per year, an additional two will be provided if clinically approved. In addition, trauma-based counselling is also now available to all personnel following on from a traumatic incident in work. Work is also at an advanced stage in terms of delivering Mental Health First Aid training to all Garda personnel over 2023/2024.

An Garda Síochána

Ceisteanna (819)

Peadar Tóibín

Ceist:

819. Deputy Peadar Tóibín asked the Minister for Justice the number of ongoing investigations into bullying within the Garda. [47795/23]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware, by law the Garda Commissioner is responsible for the management of An Garda Síochána, including all matters relating to discipline and human resources. As Minister I have no role in these matters, nor can I comment on individual cases.

I am advised by the Garda authorities that there are 24 ongoing investigations in line with the ‘Working Together to Create a Positive Working Environment’ policy and ‘Dignity at Work’ policy, which outline the policies and procedures for dealing with Harassment, Sexual Harassment and Bullying in the Workplace within An Garda Síochána.

International Protection

Ceisteanna (820)

Matt Carthy

Ceist:

820. Deputy Matt Carthy asked the Minister for Justice if she will outline her role with regard to Irish Refugee Protection Programme; her role with regard to family reunification for persons who have sought international protection under the programme; and if she will make a statement on the matter. [47799/23]

Freagraí scríofa

Minister for Justice

The responsibility for the Irish Refugee Protection Programme (IRPP) transferred from my Department to the Department of Children, Disability, Equality, Integration and Youth on 14 October 2020.

Family reunification as provided for in the International Protection Act 2015, gives certain family members of the applicant (the sponsor) an immigration permission allowing them to enter, remain and reside in the State. Applications for family reunification must be made by the sponsor within 12 months of them being granted an International Protection permission and are subject to the provisions of the International Protection Act 2015.

Information on how to apply is available on my Department's website here: www.irishimmigration.ie/coming-to-join-family-in-ireland/family-reunification-of-international-protection-holders/

Non-EEA nationals legally resident in Ireland, and considering family reunification, and who do not meet the criteria as provided for in the International Protection Act 2015, should also be aware of my Department’s “Policy on Non-EEA Family Reunification in Ireland”, available here: www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf.

This policy document sets out the criteria and specific requirements for any person considering making an application to be joined by family members in the State through normal established legal pathways.

Official Engagements

Ceisteanna (821)

Matt Carthy

Ceist:

821. Deputy Matt Carthy asked the Minister for Justice the engagements her Department, or any agency or body under her direction, has had with the Government of Israel, any state body of the Government of Israel, or any engagement within or with Israel, in 2021, 2022 and to date in 2023; and if she will make a statement on the matter. [47811/23]

Freagraí scríofa

Minister for Justice

My Department is keenly aware of the grave humanitarian crisis in Gaza and my officials are working closely with colleagues in the Department of Foreign Affairs to ensure a coordinated national response to this volatile and evolving situation. This includes working to assist in the evacuation of Irish citizens and their families who may require visa assistance.

The Deputy will appreciate that it is neither feasible nor appropriate to detail all circumstances in which engagement with other jurisdictions may have arisen. This is particularly the case in relation to security matters.

However I am informed the Probation Service met staff from the Israeli Embassy earlier this year for the purpose of learning about the operation of the Irish Probation Service.

Official Engagements

Ceisteanna (822)

Matt Carthy

Ceist:

822. Deputy Matt Carthy asked the Minister for Justice the engagements her Department, or any agency or body under her direction, has had with the Palestinian Authority, any organ of the Palestinian Authority, or any engagement within, or with organisations in, the occupied Palestinian territory, in the years 2021, 2022 and to date in 2023; and if she will make a statement on the matter. [47829/23]

Freagraí scríofa

Minister for Justice

My Department is keenly aware of the grave humanitarian crisis in Gaza and my officials are working closely with colleagues in the Department of Foreign Affairs to ensure a coordinated national response to this volatile and evolving situation. This includes their work to assist in the evacuation of Irish citizens and their families who may require visa assistance.

The Deputy will appreciate that it is neither feasible nor appropriate to identify all circumstances in which engagement with other jurisdictions may arise. This is particularly the case in relation to security matters.

Departmental Policies

Ceisteanna (823)

Ivana Bacik

Ceist:

823. Deputy Ivana Bacik asked the Minister for Justice her plans to require the recording of the nationality of those who have charges entered against them under the Criminal Justice Sectoral Strategy 2022-2024, or any other policy which promotes data driven approaches to reviewing the criminal justice system here. [47902/23]

Freagraí scríofa

Minister for Justice

Unfortunately it has not been possible to collate the requested information in the time requested. I will revert to the Deputy when the information is available.

The following deferred reply was received under Standing Order 51

I refer to your Parliamentary Question No. 823 which was for answer on 07/11/2023 and which asked: “…To ask the Minister for Justice her plans to require the recording of the nationality of those who have charges entered against them under the Criminal Justice Sectoral Strategy 2022-2024, or any other policy which promotes data driven approaches to reviewing the criminal justice system here.”

You will recall that at the time, I undertook to seek the information requested and revert to you. With apologies for the delay in issuing a further response, the information requested is provided below.

The Criminal Justice Sectoral Strategy 2022-2024 sets out a vision of a joined-up criminal justice system that protects human rights, builds public confidence and trust, and works together to improve efficiency and the experience of those who rely on us to support a safe, fair and inclusive Ireland.

There are no actions in the Strategy to compel the recording of the nationality of those who have charges entered against them. However, I am advised by the Garda Authorities that where available, nationality is recorded on the PULSE system for those who have charges entered against them. Further, I am informed that the Policing Authority has engaged with An Garda Síochána in relation to the collection of ethnic identifiers.

Strategic Pillar 3 of the Strategy - Data as Driver, outlines that agencies will work together to better use and share information and improve data quality. This will inform decisions and encourage a unified understanding of issues and problems.

It is important to note that every policy initiative aimed at evaluating or reviewing any aspect of the criminal justice system is data driven and evidence based.

Prison Service

Ceisteanna (824)

Pa Daly

Ceist:

824. Deputy Pa Daly asked the Minister for Justice to make a statement in relation to the establishment of the Penal Consultative Council, as set out in the Review of Policy Options for Prison and Penal Reform last year. [47904/23]

Freagraí scríofa

Minister for Justice

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 last year. These reforms are an important development as we seek to reduce reoffending and make everyone safer.

As the Deputy is aware, the review contains six 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. Work to implement this action is ongoing.

Road Traffic Offences

Ceisteanna (825)

Richard Bruton

Ceist:

825. Deputy Richard Bruton asked the Minister for Justice her views on the reports that the number of checks for dangerous driving have fallen sharply; and if she plans any particular initiatives to emphasise the need for compliance to reduce road deaths. [47931/23]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes the enforcement of road traffic legislation. As Minister, I have no role in this matter.

I am assured that road traffic legislation is enforced as part of the day-to-day duties of members of An Garda Síochána, as well as through a programme of high-visibility road safety and enforcement operations carried out in partnership with other state agencies, in order to make our roads safer for all.

Road safety is a shared responsibility, and it is one which this Government takes very seriously. We have all been shocked by the recent loss of life on our roads, and concerned by the worrying increase in road fatalities this year after many years of progress in making our roads safer.

Earlier this year I allocated an additional €1.2 million to An Gardaí Síochána for mobile safety camera deployments and monitoring hours for the duration of 2023. This additional funding will see GoSafe provide an extra 1,500 hours of monitoring every month until the end of the year, which represents a 20% increase.

As part of Budget 2024, €3.6m additional funding has been allocated for GoSafe speed cameras, continuing the increased level of 9,000 hours a month announced last month through the whole of 2024.

I understand that the visible enforcement of road traffic legislation is an effective deterrent to dangerous behaviour. I am informed by Garda authorities that An Garda Siochána develop plans that are evidence-based and data-led; that represent current trends and statistics provided by the Garda Síochána Analysis Service, the RSA and GoSafe.

Based on their analysis and engagement with stakeholders, the Roads Policing Division of An Garda Síochána has developed detailed operational plans for the coming months which include:

• A significant focus on weekends – when we know a higher proportion of fatalities happen;

• Late night checkpoints, including Mandatory Intoxication Checks (MITs); and

• A focus on locations which account for the most collisions and fatalities.

Work Permits

Ceisteanna (826)

Brendan Griffin

Ceist:

826. Deputy Brendan Griffin asked the Minister for Justice if she will provide clarification on a matter (details supplied) regarding courses available to those awaiting work permits; and if she will make a statement on the matter. [47959/23]

Freagraí scríofa

Minister for Justice

Ireland supports the entry of migrants through legal pathways and these include arrangements for various categories of persons, including workers who wish to take up employment and international students who wish to pursue a full-time course of study.

When a non-EEA person comes to Ireland to undertake a course of study, be that an English language course, or a course at level 6 or above on the National Framework of Qualifications (NFQ), a Stamp 2 student immigration permission will be granted.

A Stamp 2 immigration permission indicates that the holder has permission to study a full time course on the official Interim List of Eligible Programmes (ILEP) for a specified period, subject to restrictions. For a permission to be renewed, students must prove that they are progressing in their course.

The Stamp 2 immigration permission will typically expire shortly after the conclusion of the course. However, where a non-EEA student has completed their studies in Ireland and gained an award at Level 8 on the National Framework of Qualifications (NFQ) or above, that person may qualify for a Stamp 1G for 12 months. Where an individual receives an award at Level 9 NFQ, they may qualify for a Stamp 1G for up to 24 months subject to the overall limit of 8 years on student conditions that applies.

The period on the Stamp 1G immigration permission is to provide the Graduate and any prospective employer the opportunity to make an application to the Department of Enterprise, Trade and Employment for an employment permit. If that application is successful, they can register on a Stamp 1 immigration permission.

When a graduate is on Stamp 1G, it is expected that they, or their employer, will apply for and obtain and employment permit before the expiry of the Stamp 1G permission. It is not generally permissible to extend immigration permission in order to facilitate a late application for an employment permit.

There has been a significant increase in recent months for people seeking Extension of Student Conditions (ESTC). These are being dealt with as expeditiously as possible but it is only in exceptional circumstances that such an application will be considered.

Family Reunification

Ceisteanna (827)

Bernard Durkan

Ceist:

827. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in progressing an application for family reunification in the case of the family of a person (details supplied); and if she will make a statement on the matter. [47973/23]

Freagraí scríofa

Minister for Justice

I can advise the Deputy that the application referred to was created on the 31 March 2023. Supporting documentation was received in the Dublin Visa Office on the 5 April 2023, where it awaits examination and processing.

Long Stay Join Family visa applications are processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification. This policy document may be accessed at the following link:

www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf

This Policy Document contains a stated business target that visa applications for family reunification for immediate family members of Irish citizens and Category A sponsors, such as Critical Skills Employment Permit Holders, should be dealt with within 6 months of application.

However, it must be made clear that these are business targets for the immigration service. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.

It is not possible to give a definitive date as to when this application will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available.

The applicant will be notified as soon as a decision has been reached by a Visa Officer. 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 ([e-mail]), 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.

Departmental Contracts

Ceisteanna (828, 842, 864)

Réada Cronin

Ceist:

828. Deputy Réada Cronin asked the Minister for Justice if her Department engages a company (details supplied); if so, the duration and nature of the work; the cost of same to the Exchequer; and if she will make a statement on the matter. [48016/23]

Thomas Pringle

Ceist:

842. Deputy Thomas Pringle asked the Minister for Justice the number and details of contracts currently held by her Department with a company (details supplied); and if she will make a statement on the matter. [48309/23]

Thomas Pringle

Ceist:

864. Deputy Thomas Pringle asked the Minister for Justice the number and details of contracts currently held by her Department with a company (details supplied); and if she will make a statement on the matter. [48694/23]

Freagraí scríofa

Minister for Justice

I propose to take Questions Nos. 828, 842 and 864 together.

I can confirm that my Department does not currently have any contracts in place with the companies in question.

Legislative Measures

Ceisteanna (829)

Patrick Costello

Ceist:

829. Deputy Patrick Costello asked the Minister for Justice the plans, if any, that exist for new legislation designed to lower the price and facilitate ease of access to licences for public bars and off licences; and if she will make a statement on the matter. [48034/23]

Freagraí scríofa

Minister for Justice

Following extensive consultation with representative bodies in the licensed trade, businesses, public health bodies, consumers and communities, the General Scheme of the Sale of Alcohol Bill was published on 25 October 2022. The Joint Oireachtas Committee on Justice conducted two pre-legislative scrutiny sessions on the draft legislation, and the Committee’s report was published on 2 March 2023.

The Sale of Alcohol Bill was referred to the Office of Parliamentary Counsel in the Attorney General’s Office for drafting in March 2023. This Bill provides for the modernisation and streamlining of our licensing laws and application process, some of which are over 200 years old. I recently outlined my intention for the Sale of Alcohol Bill to be separated into a Number One and a Number Two Bill. Work on what measures will be contained in each Bill is in the process of being finalised.

It is noteworthy that between 2005 to 2021, there was a decline of 21% in the number of pubs operating in Ireland. Many of these licences have fallen into abeyance. This presents a current opportunity for new entrants to the licensed market or for existing licensees to expand their businesses.

Visa Applications

Ceisteanna (830)

Aengus Ó Snodaigh

Ceist:

830. Deputy Aengus Ó Snodaigh asked the Minister for Justice to provide an update on a visa extension application (details supplied) which was submitted on 9 August 2023, over 11 weeks ago; the estimated date for when the application will be processed to completion; if she will make every effort to process it as soon as possible, given the consequences to the employment of the applicant, the financial strain and the distress caused as a result of the delay; and if she will make a statement on the matter. [48048/23]

Freagraí scríofa

Minister for Justice

The application for an Extension of Student Conditions (ESTC) permission from the person referred to by the Deputy continues to be processed by my Department.

To be fair to all applicants, applications are dealt with in chronological order by date received. My Department endeavours to process applications as quickly as possible. However, processing times may vary due to a number of factors, such as the number of applications on hands, individual circumstances, the complexity of applications, whether further information is required, and the resources available.

In the meantime the person concerned should continue to search for meaningful graduate level employment. Once successful, their employer should then apply for an employment permit through the Department of Enterprise, Trade or Employment.

Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas mail facility ([e-mail]), which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the parliamentary questions process. The Deputy may consider using the email service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

Corporate Governance

Ceisteanna (831)

Catherine Murphy

Ceist:

831. Deputy Catherine Murphy asked the Minister for Justice the number of complaints she has filed to the Corporate Enforcement Agency, CEA, since the establishment of the CEA and-or An Garda Síochána in the past ten years to date in respect of grants and-or funds her Department provided that in her view were misappropriated. [48077/23]

Freagraí scríofa

Minister for Justice

I can inform the Deputy that I have filed no complaints to the Corporate Enforcement Agency (CEA) since the establishment of the CEA. Two issues were referred to An Garda Síochána by my Department in the specified time frame.

My Department has a Grants Management Policy and comprehensive grant agreement documents which specify the kinds of issues that may be classed as events of default or material breaches of the agreement and the consequent penalties that may apply should an issue arise.

My Department and its aegis bodies implement strong financial management practices to minimise any potential for fraud or corruption. Further to this, my Department has an Anti-Fraud and Corruption policy in place and this is communicated to all staff.

A Funds Administration Unit was set up by my Department to apply standardised and robust funds management practices across many of the bodies receiving funds from my Department. This Unit monitors the use of the funds and seeks financial and operational returns to support the expenditure in each organisation.

Audits are carried out across my Department and the majority of its aegis bodies to ensure that controls are being effectively applied.

Artificial Intelligence

Ceisteanna (832)

Róisín Shortall

Ceist:

832. Deputy Róisín Shortall asked the Minister for Justice to respond to matters raised in correspondence (details supplied); the steps she is taking to address concerns in respect of artificial intelligence (AI) and General Data Protection Regulation (GDPR); and if she will make a statement on the matter. [48125/23]

Freagraí scríofa

Minister for Justice

All data controllers have a range of obligations under data protection law, and must comply with the principles of data protection, as found in Article 5 GDPR, ensuring personal data are: processed lawfully, fairly and transparently; processed for specific purposes; limited to what is necessary; kept accurate and up to date; stored for no longer than necessary; and protected against unauthorised or unlawful processing, accidental loss, destruction, or damage. Controllers must also be able to demonstrate compliance with these principles, under the principle of accountability, and to adhere to all the detailed provisions of the GDPR.The obligations under GDPR apply regardless of whether data is processed using artificial intelligence or otherwise. Data controllers must protect data against unauthorised or unlawful processing.

I understand that the forthcoming EU Artificial Intelligence Act seeks to harmonise rules for the development, placement on the market and use of AI systems in the European Union. Negotiation and transposition of the Act falls to the Department of Enterprise, Trade, and Employment.

An Garda Síochána

Ceisteanna (833)

Fergus O'Dowd

Ceist:

833. Deputy Fergus O'Dowd asked the Minister for Justice to detail how a perception test (details supplied) is applied to An Garda Síochána; and if he will provide details of same. [48187/23]

Freagraí scríofa

Minister for Justice

It has not been possible to collate complete information as requested by the Deputy in the time allowed. I will write to the Deputy directly when the information is to hand.

The following deferred reply was received under Standing Order 51

I refer to Parliamentary Question No. 833 of 7 November 2023 where you sought: “To ask the Minister for Justice to detail how a perception test (the McPherson perception test training) is applied to An Garda Síochána.”

As you will recall, I sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand.

I am informed by the Garda authorities that An Garda Síochána is very clear on its position in relation to hate crimes. They will not be tolerated.

Garda policy states: “Reports of hate crimes or hate incidents will be recorded and investigated as appropriate, where it is perceived that the perpetrator’s hostility or prejudice against any person, community or institution is on the grounds of the victim’s age, disability, race, colour, nationality, ethnicity, religion, sexual orientation or gender”.

I am advised by the Garda authorities that the defining factor in taking reports of Hate Crime and Hate Incidents, for the operational purposes in order to help pinpoint when the incident should be investigated as a potential hate offence, is the perception of the victim or any other person.

For the purpose of these procedures and all associated documentation, the perception test is the perception of the victim, or any other person, that a crime was motivated by prejudice or hostility.

The perception test is the defining factor in determining if a Hate Crime or Hate Incident has occurred. At the reporting stage only and is not relevant for conviction or prosecution of hate-related offences.

For the purpose of these procedures and all associated documentation, any other person may include:

• A witness

• Garda personnel

• Family members / relatives / friends

• Non-Governmental Organisations or Civil Society Organisations who have knowledge of the victim, alleged crime or scenario

• Support Worker or Professional with particular knowledge of the victim, alleged crime or scenario

Within reason, any other person may not include someone:

• Who has no knowledge of the victim, alleged crime or scenario

• Who is responding to media stories

• Who is reporting for a political or similar motive

An Garda Síochána proactively and respectfully engages with all members of society, and, in particular, persons from minority groups and diverse backgrounds. Each and every hate crime reported is professionally investigated and victims are supported during the criminal justice process.

As part of the Garda Diversity and Integration Strategy, updates to the PULSE system have formalised the recording of hate related motivations for all incidents (both crime and non-crime incidents).

Furthermore, there is a range of legislation under which threats and intimidation can be prosecuted, including the Non-Fatal Offences Against the Persons Act and our Public Order legislation.

Under general criminal law, it is already an offence to commit a hate-motivated crime and a judge can take into account the fact that a crime was motivated by hate when sentencing. Under new legislation, hate-motivated offences will be prosecuted as hate crimes. This means that the hate element of the offence will be presented and challenged in court, and will be recorded as such.

The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 repeals and replaces the provisions of the Prohibition of Incitement to Hatred Act 1989, updating the existing offences of incitement to hatred to include incitement to violence towards individuals and groups based on their protected characteristics

These include a person’s race, colour, nationality, religion, national or ethnic origin, descent, sexual orientation, gender, sex characteristics and disability.

The Bill also creates new hate offences as aggravated forms of existing offences, for example: “assault aggravated by hatred”. This will allow a court to impose a sentence that recognises the hate component of an offence where it is motivated by hatred or where hatred is demonstrated during the commission of the offence.

Other elements of the existing Act are retained, including the offence of preparing and possessing material likely to stir up hatred and powers of search, arrest and forfeiture necessary for the investigation of the offence.

It is important to note that the working definition of hate crime used by An Garda Síochána that includes the McPherson "perception test" predates the publication of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022. Perception of the victim is not the legal test used in the Bill (which is based on motivation or demonstration of hatred) and has no bearing on the conduct of the prosecution of an offence. It is workable and useful for the purpose for which it is intended; however, it will have to be updated once the new legislation is enacted.

As is the case for all offences, a court will require proof beyond reasonable doubt of an offence of incitement to hatred or violence, or any other offence aggravated by hatred, as set out in the provisions in the legislation.

I encourage anyone who has been a victim or has witnessed such a crime to report it to An Garda Síochána for investigation.

Peace Commissioners

Ceisteanna (834)

Michael Healy-Rae

Ceist:

834. Deputy Michael Healy-Rae asked the Minister for Justice if she will publish an up-to-date list of peace commissioners that have been appointed in the past year; if she will confirm the total number currently serving; and if she will make a statement on the matter. [48191/23]

Freagraí scríofa

Minister for Justice

In line with the provisions of section 88 of the Courts of Justice Act 1924, Peace Commissioners are appointed, and may be removed from that appointment, by me in my capacity as Minister for Justice. 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 currently relies on Peace Commissioners themselves, and other interested parties, to update it with regard to changes in circumstances of individual Peace Commissioners since their appointment. It is, therefore, difficult to provide precise information on the total number currently serving; however, I can inform the Deputy that my Department is currently updating the Roll of Peace Commissioners and, in line with the Justice Plan 2023, has commenced a review of the Peace Commissioner appointment process in its entirety. Consideration is also being given to making the Roll of Peace Commissioners available online.

I have asked my officials to contact the Deputy directly to provide him with a list of the Peace Commissioners that have been appointed in the past year; however, at this point, I can confirm that in the region of 90 individuals have been appointed as Peace Commissioners since 1 November 2022.

Departmental Priorities

Ceisteanna (835)

Robert Troy

Ceist:

835. Deputy Robert Troy asked the Minister for Justice what plans she has to regulate receivers. [48200/23]

Freagraí scríofa

Minister for Justice

Receivership is dealt with under the Companies Act 2014, which falls under the remit of Department of Enterprise, Trade and Employment. Legislation in the area of receivership is outside the remit of my Department and therefore I have no function in this matter.

To be of assistance, I have sought the information from the Department of Enterprise, Trade and Employment which I have sent to your office.

Daylight Savings Time

Ceisteanna (836)

Ivana Bacik

Ceist:

836. Deputy Ivana Bacik asked the Minister for Justice if she will make a statement on her representations to her counterparts in Britain and Northern Ireland in relation to daylight savings. [48249/23]

Freagraí scríofa

Minister for Justice

Since 2001, summer time arrangements in the EU have been governed by EU Directive 2000/84/EC which sets out the obligation on all Member States to switch to summer time on the last Sunday of March and to switch back to their standard time (winter time) on the last Sunday of October.

Following a resolution of the European Parliament in 2018, the European Commission proposed a change to this arrangement, under which:

• The last mandatory change to summer time would take place on 28 March 2021, after which

• Member States who wish to remain on winter time would make one last seasonal clock change on 31 October 2021. This decision was to be notified to the Commission by 1 April 2020.

• Members States would remain free to choose their standard time, on the condition that they give 18 months’ notice to the Commission.

Ireland’s consistent position at the EU Transport, Telecommunications and Energy (TTE) Council has been that it will not support the proposal. A major consideration is the possibility that the proposal could lead to the imposition of two time zones on the island. More generally, in the context of the EU proposal, Ireland’s position, along with a number of other Member States, has reflected concern that the proposal could reduce synchronicity and result in a ‘patchwork’ of time zones across the EU, thereby causing unnecessary confusion in the Single Market. Ireland has supported the carrying out of a full impact assessment of this proposal prior to any final decisions being taken at EU level.

I have not had any recent discussions with the UK authorities on this issue. A report of the House of Lords European Union Committee in 2020 noted that the imposition of a time border between Ireland and Northern Ireland would have wide-ranging practical repercussions for individuals and businesses and that these would be made more complex by the fact that the time border would only exist for part of the year. I would also point out that the UK Government has always opposed this proposal. Their views were similar to those of the Irish Government with regard to the imposition of a time border on the island of Ireland and also the need for a full impact assessment of the proposal. Indeed, the UK authorities have clearly indicated that they have no plans to implement such a policy.

At the European level, discussions with Members States on the proposal are on-going via the TTE Council.

Rights of the Child

Ceisteanna (837, 838, 839)

Joan Collins

Ceist:

837. Deputy Joan Collins asked the Minister for Justice further to Parliamentary Question Nos. 143, 144 and 145 of 5 July 2023, where she replied that "the criminal law (sexual offences and human trafficking) Bill 2023, which will be published this month, will remove the final obstacles to ratification of the protocol", and that, if enacted, the State should be in a position to ratify the second optional protocol to the UNCRC on the Sale of and Child Pornography; and if she will explain the discrepancies in the above statements. [48257/23]

Joan Collins

Ceist:

838. Deputy Joan Collins asked the Minister for Justice to clarify if Ireland will be able to ratify the 2nd optional protocol on the Sale of Children, Child Prostitution and Child Pornography once the Criminal Law (sexual offences and human trafficking) Bill 2023 is enacted. [48259/23]

Joan Collins

Ceist:

839. Deputy Joan Collins asked the Minister for Justice further to Parliamentary Question No.167 of 5 July 2023, if she will clarify what she meant by certain outstanding aspects of the protocol (details supplied). [48260/23]

Freagraí scríofa

Minister for Justice

I propose to take Questions Nos. 837 to 839, inclusive, together.

The Government is firmly committed to ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023, which I published in July, will remove the final obstacles to ratification of the Protocol. The Bill will deal with the issues relating to extra-territorial jurisdiction and amend the Criminal Justice (Mutual Assistance) Act 2008 by the insertion of the Second Optional Protocol to the list of international agreements to which the Act of 2008 applies to ensure that Ireland is compliant with the requirements of the Protocol.

Once enacted, the State will be in a position to ratify the Second Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.