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Tuesday, 23 Apr 2024

Written Answers Nos. 434-453

Court Procedures

Ceisteanna (434)

Pa Daly

Ceist:

434. Deputy Pa Daly asked the Minister for Justice further to Parliamentary Question No. 375 of 17 October 2023, the breakdown for the current wait times for an initial hearing in the District, Circuit, Central, High and Supreme Courts, in tabular form. [17539/24]

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 at: oireachtasenquiries@courts.ie

Figures of this nature are recorded by the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.

Departmental Data

Ceisteanna (435)

Pa Daly

Ceist:

435. Deputy Pa Daly asked the Minister for Justice the breakdown of the number of convictions secured for knife-related crimes for 2020 to 2023 and to date in 2024, in tabular form. [17550/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, management of the courts, along with related 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 through the separation of powers in the Constitution.

It should be noted that the Department does not record data relating to convictions, as this is a function of the courts.

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

To be of assistance I have referred the Deputy's question to the Courts Service for direct reply.

Departmental Consultations

Ceisteanna (436)

Michael Lowry

Ceist:

436. Deputy Michael Lowry asked the Minister for Justice further to Parliamentary Question No. 330 of 27 February 2024, to confirm if officials in her Department have reviewed correspondence (details supplied); to confirm whether contact was made with representatives from a named association; if she will ensure that every effort will be made to rectify any possible irregularities at the earliest convenience, in order that this application can be processed and finalised; and if she will make a statement on the matter. [17565/24]

Amharc ar fhreagra

Freagraí scríofa

As Minister, I do not comment on individual IIP applications. However, I can confirm that my Department has and will continue to engage with the representatives of the organisation concerned directly in this regard.

I can advise the Deputy that updated information in relation to the winding down of the Programme and the processing of applications has recently been published on my Department’s website and an updated FAQ is now available also.

Both are available at the following link: irishimmigration.ie/processing-of-iip-applications-on-hand-following-the-closure-of-the-programme/

Prison Service

Ceisteanna (437)

Jennifer Murnane O'Connor

Ceist:

437. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the estimated full-year cost if an extra 185 prison officers were recruited; and if she will make a statement on the matter. [17615/24]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Prison Service that the estimated full year cost of employing 185 new Recruit Prison Officers, as per the most recent PPC pay scales of 1 January 2024, is approximately €11 million.

These pay costs reflect salary and other allowances such as Operational Allowance (8% of annual salary).  They also reflect other premium payments and the allocation of up to 360 additional hours as provided for in the Proposal for Organisational Change.  Employers PRSI of 11.15% on total earnings is also factored into the overall pay cost of the 185 posts.

As is the case with the recruitment of new staff members to an organisation, in addition to the above salary costings, there are a number of ancillary non pay costs associated with the recruitment of a Recruit Prison Officer, such as training, accommodation and uniform. The total current cost for such non pay costs per Recruit Prison Officer is approximately €7,000, or approximately €1.3 million for 185 Recruit Prison Officers.

Alcohol Sales

Ceisteanna (438)

Jennifer Murnane O'Connor

Ceist:

438. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the number of inspections Gardaí within the Carlow-Kilkenny division carried out on pubs, clubs and so on, to ensure full compliance with liquor licensing regulation in 2023 and to date in 2024; the percentage of premises that were found in breach of legislation in each of the years in question, in tabular form; and if she will make a statement on the matter. [17617/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the general management and administration of An Garda Síochána, including liquor licensing inspections. As Minister, I have no role in these matters.

To be of assistance to the Deputy, I have made enquiries with Garda management. The table below, provided to me by the Garda authorities, shows the number of inspections carried out in the Kilkenny/Carlow Division and breaches recorded.

Kilkenny/Carlow Division

 

2023

2024

Inspections

217

79

Breaches

3

0

Asylum Seekers

Ceisteanna (439, 440, 441)

Peadar Tóibín

Ceist:

439. Deputy Peadar Tóibín asked the Minister for Justice the number of new refuge accommodation units delivered and opened for each of the years 2020 to 2024 inclusive, in tabular form; and if she will make a statement on the matter. [17642/24]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

440. Deputy Peadar Tóibín asked the Minister for Justice the total funding allocation for Tusla and Cuan Saor in each of the years 2020 to 2024 inclusive for staffed refuges, domestic violence support services, rape crisis centres and associated helpline services, in tabular form; and if she will make a statement on the matter. [17643/24]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

441. Deputy Peadar Tóibín asked the Minister for Justice the number of new refuge accommodation units delivered and opened for each of the years 2020 to 2023 inclusive, in tabular form. [17644/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 439 to 441, inclusive, together.

A central element of delivering on the Zero Tolerance Strategy is the establishment of a statutory domestic, sexual and gender-based violence (DSGBV) agency, and I was delighted to establish Cuan at the turn of the year. Cuan has a specific mandate to drive the implementation of the strategy across Government, bringing the expertise and focus required to tackle this complex social issue, include the provision of accommodation.

The Zero Tolerance 2024 implementation plan commits to producing a strategic plan for the development of safe accommodation for people experiencing domestic violence, covering staying safe at home, emergency accommodation and pathways out of emergency accommodation.

One of the key actions of Zero Tolerance is doubling the number of refuge spaces available during the lifetime of the Strategy bringing the total to 280.  The 2024 plan commits to exploring models for the delivery of domestic violence refuge accommodation and identifying opportunities to accelerate delivery to meet this target.

The 2024 Implementation Plan sets out the following deliverables on refuge spaces by the end of 2024:

• Active planning and engagement to be underway for the delivery of 150 additional family refuge units;

• Delivery of 8 new family refuge units;

• Ensure that 25 additional family refuge units are under construction; and

• Commence the publication of quarterly reports on progress towards doubling the number of refuge spaces over the lifetime of the Strategy, with an accessible tracking mechanism.

The 2024 Implementation Plan also commits to increasing the number of Safe Homes by a further 35pc in 2024.

Safe Homes are another form of emergency domestic violence accommodation and form an important part of the overall accommodation response.  Generally suited to those at low to medium risk of serious harm, they are usually provided as a separate unit of accommodation, for example a flat or a house, at a community or local level.

As part of its remit, the agency has responsibility for DSGBV services, and, as such, I have referred the questions posed by the Deputy to Cuan for direct reply.

Question No. 440 answered with Question No. 439.
Question No. 441 answered with Question No. 439.

Prison Service

Ceisteanna (442)

Patrick Costello

Ceist:

442. Deputy Patrick Costello asked the Minister for Justice the current status of the progression unit in Mountjoy Prison, which was previously used only for model generic prisoners but which has now had sex offenders placed there; if this allocation of sex offenders to the unit will continue to take place; if so, why is the facility not being used for it's designed purposes; and what other building will act as a new progression unit to take its place. [17686/24]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that the Irish Prison Service must make the best use of all available prison capacity, particularly at this time when severe overcrowding is being experienced.

Sex offenders, both sentenced and remand, were previously accommodated at 4 locations – Midlands Prison, Arbour Hill Prison, Castlerea Prison and Mountjoy Training Unit. However, due to limitations at these locations and rising sex offender committals to prison, it was decided to consider other options within the prison estate to accommodate this cohort of prisoner.

The Progression Unit of Mountjoy Prison is self-sufficient in relation to recreation, education, work and training and there is no requirement for prisoners living in this Unit to interact or traverse to the main prison. For this reason, it was decided that the Progression Unit is a suitable location to accommodate sex offenders.

The process of accommodating sex offenders in the Progression Unit commenced during March 2024. On 17 April 2024, there were 33 sex offenders accommodated in the Progression Unit and it is expected that further movements of this cohort of offender to the Progression Unit will take place in the coming months.

Those who are currently accommodated in the Progression Unit, who are not serving their sentences for sex offences will be moved to alternative suitable accommodation within the prison estate.

Prison Service

Ceisteanna (443)

Patrick Costello

Ceist:

443. Deputy Patrick Costello asked the Minister for Justice the number of prisoners being put forward for early or temporary release in the past 12 months, but who were not released due to the fact early probation supervision is not available for them in the community. [17688/24]

Amharc ar fhreagra

Freagraí scríofa

The legislative basis for temporary release is set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003.  All applications for temporary release are assessed on a case-by-case basis.  It is important to note that the safety of the public is paramount when decisions on temporary release are being made. 

Before a final determination is made a number of factors are taken into account including -

• the nature and gravity of the offence to which the sentence relates

• the sentence concerned and any recommendation made by the Court in relation to the sentence imposed

• the person's previous criminal record

• the potential threat to the safety and security of the public should the person be released

• the risk that  the person might commit an offence during any period of temporary release

• the risk of the person failing to comply with any of the conditions of temporary release.

All temporary releases are subject to conditions and anyone who breaches his or her conditions may be refused a further period of temporary release. 

I am advised by my officials in the Irish Prison Service that there was only one case in the past 12 months where a prisoner was not initially granted temporary release due to the fact early probation supervision was not available for them in the community. It is important to note that there were other factors considered in the decision to refuse temporary release to this individual at the time and the availability of Probation Service supervision in the community is only one factor which is taken into account when a prisoner applies for temporary release.

I am further advised that the Probation Service will always endeavour to meet requests for supervised temporary release made by the Irish Prison Service and regularly reviews its caseload capacity in an effort to meet such requests.

Probation and Welfare Service

Ceisteanna (444)

Patrick Costello

Ceist:

444. Deputy Patrick Costello asked the Minister for Justice to provide in tabular form a Statewide list of community probation teams, by area, the number of staff employed in each and the number of vacancies; and if she will make a statement on the matter. [17689/24]

Amharc ar fhreagra

Freagraí scríofa

I can advise the Deputy that Community Teams within the Probation Service are structured into 7 operational regions, 5 geographical regions and two national regions. Below we have included details of the operational regions and the counties which they cover. 

Dublin North/North East: Dublin North including counties Meath and  Louth

Dublin South/Wicklow: Dublin South including county Wicklow

South West: including counties Kerry, Cork, Limerick and Clare

Midlands/South East:  including counties Offaly, Kildare, Laois, Tipperary, Kilkenny, Carlow, Wexford and Waterford

West, North West and Westmeath: including Mayo, Sligo, Donegal, Monaghan, Cavan, Westmeath, Longford, Leitrim, Roscommon and Galway;

Young Persons Probation (YPP): working with children and young people aged 12-18 years who are before the Courts or who are in children detention centres.

Community Service: teams with responsibility for the management and delivery of community service nationwide.

The Probation Service also has a dedicated operational region: Prisons Region (North & South) which is responsible for probation work in prisons. 

Each region is comprised of teams that cover geographical areas within county boundaries in most instances.

The Probation Service has recently received additional budget to strengthen its staffing in community and prison settings. Some of the vacancies in the table provided arise due to an increased head count on foot of this additional funding.

I can assure the Deputy that recruitment has been ongoing to fill vacancies across the Probation Service and will continue throughout 2024.

As requested by the Deputy, the number of staff and current vacancies in the Community Teams Nationwide, as of 18 April 2024, are set out at the following link. 

Info

Prison Service

Ceisteanna (445, 446)

Patrick Costello

Ceist:

445. Deputy Patrick Costello asked the Minister for Justice if she will ensure other addiction counsellors are sourced as a matter of urgency for the prison service; her views on the situation whereby in Mountjoy Prison there is currently only two addiction/MQI counsellors for the entire prison, given by her own admission (details supplied) 70% of the population have addiction issues in a prison of approximately 800 prisons; and her views on whether two addiction councillors for 550+ prisoners with addiction issues is an adequate number for provision of services. [17690/24]

Amharc ar fhreagra

Patrick Costello

Ceist:

446. Deputy Patrick Costello asked the Minister for Justice further to Parliamentary Question No. 377 of 10 October 2023, if seven out of every ten prisoners have addiction issues, the reason millions are being spent on hundreds of new places in prison, when the money could be better spent addressing the root cause of incarceration for many of the existing populations, i.e. addiction, which would entail hiring more addiction counsellors. [17697/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 445 and 446 together.

I have requested the information sought by the Deputy from the Irish Prison Service. Unfortunately, it has not been possible to provide the information requested in the time allowed. I will write to the Deputy directly when the information is to hand. 

Question No. 446 answered with Question No. 445.

Departmental Data

Ceisteanna (447)

Pa Daly

Ceist:

447. Deputy Pa Daly asked the Minister for Justice for a tabular breakdown of the number of cases involving knives and prosecuted under section 9(1) of the Firearms and Offensive Weapons Act 1990 Act, which have been referred to the DPP and prosecuted for the years 2009-2024 inclusive. [17738/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Director of Public Prosecutions (DPP) is fully independent in her functions under the Prosecution of Offences Act 1974 (as amended). The Office of the DPP is not an agency or body under my remit as Minister for Justice and, as I have no role in the operations, functions, oversight or governance of the Office of the Director, I am unable to provide any statistics related to the work of the DPP. 

For the Deputy's information, the Office of the DPP falls under the Vote of the Department of the Taoiseach.

An Garda Síochána

Ceisteanna (448)

Paul Donnelly

Ceist:

448. Deputy Paul Donnelly asked the Minister for Justice if funding is available this year for the issuing of mobile fingerprint devices to be issued to frontline gardaí. [17802/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána and for the allocation of Garda resources, in light of operational demands. This includes responsibility for the allocation of equipment among the various Garda divisions. As Minister, I have no direct role in that matter.

The Garda Commissioner is also the Accounting Officer of An Garda Síochána and is responsible for the Garda budget and it's distribution.

I have been informed by Garda authorities that the implementation of mobile fingerprint capabilities is dependent on the implementation of a new biometric (including fingerprint) identification system which would meet the needs of my Department and Justice Sector agencies.

The requirement for the proposed new system was identified in a report commissioned by my Department. Officials within my Department are currently considering same.

An Garda Síochána

Ceisteanna (449)

Paul Donnelly

Ceist:

449. Deputy Paul Donnelly asked the Minister for Justice the age of the boats currently in the Garda water unit; and the average lifespan of those types of boats. [17803/24]

Amharc ar fhreagra

Freagraí scríofa

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 boats or specialist equipment for the Garda Water Unit.  As Minister, I have no role in such matters.

The Garda Water Unit is a national resource based at Santry Garda Station, Dublin Metropolitan Region and Garycastle, Athlone, Co. Westmeath.

I am informed by the Garda authorities that as of 22 April 2024, there were two Patrol boats, four Rigid Inflatable Boats and six Inflatable boats attached to the Garda Water Unit.

I am further informed that the boats allocated to the unit meet the present requirements of the Garda Water Unit to date and that the equipment fitted on the boats is regularly serviced and upgraded when necessary. I am advised that a well serviced boat can last up to twenty years.

I am informed that financial sanction has been approved for the replacement of four rigid inflatable boats and the project is ongoing.

The table below, which was provided to me by the Garda authorities, sets out the boats attached to the Water unit by age. 

Boat 

Year Allocated

Age 

2 Patrol Boats 

2000 & 2006

18 & 24 years old

4 Rigid Inflatable Boats

2007

17 years old

6 Inflatable Boats 

2009-2012

12 to 15 years old

Seized Property

Ceisteanna (450)

Paul Donnelly

Ceist:

450. Deputy Paul Donnelly asked the Minister for Justice if she will report on Garda Operation Meacan; the number of electric motorbikes seized; and the amount cash and the amount of designer goods seized under this operation, in tabular form. [17804/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including all Garda Operations. As Minister for Justice, I have no direct role in these matters.

I have been informed by the Garda Authorities that Operation Meacan was initiated within the DMR South Division in December 2023 to tackle the illicit purchase and use of electric motorbikes by individuals engaged in drug dealing, money-laundering, and Drugs Related Intimidation (DRI).

The table below, which was provided to me by the Garda authorities, provides a breakdown of goods and monies seized by the Garda authorities in the DMR South since the commencement of Operation Meacan in 2023.

Description

Approx. value

53 Electric Motorbikes

€300,000

Cash

€80,140

Designer Goods*

€45,000

*subject to professional examination

An Garda Síochána

Ceisteanna (451)

Paul Donnelly

Ceist:

451. Deputy Paul Donnelly asked the Minister for Justice if the 2023 transport budget for An Garda Síochána has been fully spent; if not, if the underspend 2023 transport budget for AGS was carried out into 2024; and the transport budget allocation tor AGS in 2024. [17806/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, funding for An Garda Síochána is provided through Vote 20, the Garda Vote and is not accounted under my Department's Vote.

The Garda Commissioner is the Accounting Officer for the Garda Vote under the Garda Síochána Act 2005 (as amended) and is accountable for the economy and the efficiency of the Garda Síochána in using its resources. As Minister, I have no role in such matters.

We have allocated record amounts to the Garda Vote in recent years, with over €2.35 billion allocated for 2024, up 25 per cent since 2020 which is allowing for sustained and ongoing recruitment and investment in new equipment and new vehicles.  

I have also recently secured additional capital funding of €93 million under the National Development Plan (NDP) for Justice projects in 2024 to 2026. This brings the total capital allocation available for the Justice sector between now and 2026 to €930 million.

This funding will be used across the Justice sector, together with a reallocation of existing funding, to address a number of key priorities, including further increasing prison capacity, opening new Garda stations and delivering key technology projects for An Garda Síochána.

I am advised by the Garda authorities that at the end March 2024 there were 3,513 vehicles attached to the Garda fleet. This represents an increase of almost 13% since the end of December 2020. The Garda fleet is now at its largest ever level. 

I can inform the Deputy that €30.5 million was allocated against the Transport Subhead of the Garda Vote in 2023. An Garda Síochána was also provided with an additional €1.75 million as part of the Supplementary Estimates process along with a further €4.4 million in November towards the purchase of additional Garda vehicles. Spend in 2023 amounted to €36.4 million, which is more than €5 million over the original budget allocation. 

I can also confirm to the Deputy that the 2024 allocation for the same Subhead is €31.3 million, which is an increase of over €0.7 million on the original €30.5 million 2023 allocation.

Immigration Policy

Ceisteanna (452)

Pádraig O'Sullivan

Ceist:

452. Deputy Pádraig O'Sullivan asked the Minister for Justice if her Department helps fund the costs associated with repatriation for beneficiaries of temporary protection; and if she will make a statement on the matter. [9713/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the activation of the EU Temporary Protection Directive is an emergency provision designed to quickly and humanely respond to the mass displacement of Ukrainian people by Russian aggression. Ireland participates in this EU measure, which is given legal effect under section 60 of the International Protection Act 2015. In September 2023, the European Council extended the Temporary Protection Directive until March 2025.

At this time there is no programme to assist returns for beneficiaries of temporary protection as the Directive remains activated and the circumstances which gave rise to its activation persist.

Departmental Data

Ceisteanna (453)

Mattie McGrath

Ceist:

453. Deputy Mattie McGrath asked the Minister for Justice how many prosecutions have been initiated in respect of alleged offenses under section 11 of the Immigration Act 2004; the outcome of any such prosecutions; and if she will make a statement on the matter. [17722/24]

Amharc ar fhreagra

Freagraí scríofa

The State has a duty to protect its borders and following examination, ensure that all arriving passengers are entitled to enter the State. This is a fundamental exercise of State sovereignty, which is necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is at all times subject to the law and to respect for individual rights.

The Border Management Unit (BMU) of my Department and the Garda National Immigration Bureau (GNIB) work closely with airlines on a range of measures to ensure that passengers have the appropriate travel documentation when boarding. Immigration officials are available 24/7 to assist airlines with queries in relation to immigration matters. 

In addition to providing advice to airlines on specific queries, training is provided to airline ground staff on current travel documentation requirements to help them reduce the number of passengers boarding flights without correct documentation.

The Department of Justice has recorded a 34% reduction in 2023 in the number of persons arriving in the State without the correct documentation. Q1 in 2024 has seen a further reduction in the numbers arriving without documentation. This is based on the work that the Department’s Border Management Unit is doing with GNIB.

It is an offence under Section 11 of the Immigration Act 2004, for a non national to arrive in the state not in possession of a valid passport or equivalent document. As the Deputy will be aware, the prosecution of offences in these instances are a matter for An Garda Síochána and the Director of Public Prosecutions, who are independent in the exercise of their functions in this regard; as Minister I have no role in such prosecutions. Information in relation to the number of relevant prosecutions has been sought from An Garda Síochána.

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