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Tuesday, 28 Mar 2023

Written Answers Nos. 595-612

Legislative Process

Questions (595)

Thomas Gould

Question:

595. Deputy Thomas Gould asked the Minister for Justice if he has met with members of An Garda Síochána regarding the Sale of Alcohol Bill; the concerns raised by them at this/these meeting(s); and his plans to address same. [15381/23]

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Written answers

An Garda Siochana was fully consulted as this general scheme was developed.

The Department of Justice continues to engage with An Garda Síochána in relation to the Sale of Alcohol Bill to ensure that it contains a full suite of enforcement powers to meet their policing needs.

The Government is also committed to ensuring that An Garda Síochána has the resources it needs, which is reflected in an allocation of over €2.14 billion under Budget 2023. This level of funding will provide a steady pipeline of new Gardaí in the coming years, and the Government will continue to work with the Commissioner to ensure that members of An Garda Síochána are fully supported.

This funding allocation will support the recruitment of up to 1,000 Gardaí and 400 additional Garda staff this year. An Garda Síochána, in partnership with the Public Appointments Service, launched a recruitment campaign on Friday 24 March 2023, which will ensure a continuous stream of candidates going into 2024.

The Government is also continuing its active, priority focus on combatting criminality and anti-social behaviour. A range of commitments are set out in the Programme for Government and Justice Plan. Budget 2023 included a €5m increase in the overtime budget for An Garda Síochána – to over €100m - to support high visibility policing to tackle crime and anti-social behaviour.

Legislative Process

Questions (596)

Thomas Gould

Question:

596. Deputy Thomas Gould asked the Minister for Justice whether he will publish public health risk assessments undertaken by any Government Department in preparation for the Sale of Alcohol Bill. [15382/23]

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Written answers

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 the 25th of October. It marks the Government’s commitment to the reform and streamlining of licensing laws to support and stimulate the night time economy.

On 25 November 2021, Minister McEntee launched a public consultation to seek the views of the public on the modernisation of Ireland’s licencing laws.

The consultation, which ran until 21 January 2022, looked at how best to update the existing laws governing the sale and regulation of alcohol in Ireland. Members of the public, academics, sectoral groups and representative organisations were invited to complete an online survey and/or make a written submission to the Department. There was a high level of response to the consultation, with in excess of 5,000 responses received. Submissions were received from alcohol-related harm advocacy groups as part of the consultation.

The Department reviewed these responses to ensure the reform of the legislation takes account of and is informed by this engagement. A report on the responses received together with a selection of the submissions were published on 7 November 2022.

On 10 March 2022, Minister McEntee also hosted a consultation webinar and panel discussion event on reform of the alcohol licensing laws to give an opportunity for further discussion of the issues of concern to stakeholders.

The Joint Oireachtas Committee on Justice conducted two pre-legislative scrutiny sessions on the draft legislation, the first on 24 January 2023 and the second on January 31 2023. Academics, sectoral groups and representative organisations were invited to contribute to these sessions. Representatives from Alcohol Action Ireland, the Institute of Public Health and the Irish Community Action of Alcohol Network took part in the second of the pre-legislative scrutiny sessions. The Committee published their report on 2 March 2023.

Officials in the Department of Justice continue to engage with various public and voluntary health bodies.

Legislative Measures

Questions (597)

Alan Dillon

Question:

597. Deputy Alan Dillon asked the Minister for Justice if he will outline current and planned legislation to protect local shops and convenience store who are subjected to retail crime and theft; if he will outline measures he intends implementing following Garda figures released which reported thefts from shops had increased by 41% over the past 12 months; and if he will make a statement on the matter. [15385/23]

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Written answers

I have sought the information requested by the Deputy from An Garda Síochána, and will contact him again when this is to hand.

The following deferred reply was received under Standing Order 51:
As you are aware the Criminal Justice (Theft and Fraud Offences) Act, 2001 legislates for offences relating to retail theft. There are currently no plans to revise this offence. I am further advised by Garda authorities that An Garda Síochána liaise with retailers nationally through the National Strategic Retail Forum which is an integral part of the An Garda Síochána Crime Prevention & Reduction Strategy 2021-2024.
This forum is led by the Garda National Crime Prevention Unit, and An Garda Síochána engage with external stakeholders in relation to retail theft and related crime. This Forum provides Retail Forum members the opportunity to raise issues and concerns and the sharing of crime prevention knowledge to assist and collaborate in combined efforts to reduce and prevent crime.
As you are aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics. The CSO produces these statistics using data recorded on An Garda Síochána’s PULSE system and makes regular releases under reservation in relation to various crime statistics, including recorded and detected crime. The CSO also continues to work with An Garda Síochána to address quality issues in the underlying sources used to compile the statistics.
The table below sets out the CSO crime statistics under the heading “Theft from Shop” for the years 2019 up to 2022.

Year

Theft from shop

2019

24678

2020

19536

2021

19531

2022

27491

I am advised by the Garda authorities that under Covid-19 restrictions there was a general, and welcome, decrease in many categories of crime, including theft from shops. However as society returns to normal pre-pandemic activity many categories of crime have seen a consequential increase.
Further information about crime prevention strategies, including theft from shops, is available on the Garda website at the following link: www.garda.ie/en/crime-prevention/crime-prevention/.
I hope this information will be of assistance to you.

Probate Applications

Questions (598)

Réada Cronin

Question:

598. Deputy Réada Cronin asked the Minister for Justice if his Department will move to make the probate system as fast and efficient as possible, given the number of properties removed from availability for rental or purchase by probate delays; and if he will make a statement on the matter. [15416/23]

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Written answers

As the Deputy is aware as Minister for Justice, I have no role in the exercise of Probate functions.

The Probate Office is an office of the High Court, and management of the courts is 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. Probate functions are also carried out by County Registrars at District Probate Registries in 14 provincial court offices. 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.

However, I would like to draw the Deputy’s attention to the fact that the Courts Service have embarked on a 10-year programme of modernisation of the Courts system. A proposal to roll out an eProbate project has been identified as part of the civil law modernisation workstream.

I have secured an additional funding allocation for the Courts Service to facilitate the commencement of an eProbate project this year. The introduction of this improved system is anticipated to lead to a faster and more efficient process.

Immigration Status

Questions (599)

Catherine Connolly

Question:

599. Deputy Catherine Connolly asked the Minister for Justice the number of persons granted stamp 4 permission to remain under the categories, by Ministerial discretion, under exceptional measure, by exceptional circumstance, and on the basis of an Irish born/citizen child, in tabular form; if he will provide the data for each of the years from 2017 to 2022 for people who came through the international protection process, and for those who did not come through the international protection process (details supplied). [15417/23]

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Written answers

The statistics requested by the Deputy are not maintained by the Immigration Service of my Department in this manner.

These permissions are classified on the Immigration Service databases as Stamp 4 immigration permissions. There is no way of identifying those specifically granted a Stamp 4 by Ministerial discretion, under exceptional measure, by exceptional circumstance, and on the basis of an Irish born/citizen child.

The retrieval of this data would require a case-by-case examination of all applications received during the timeframe specified and would represent a significant diversion of resources from day to day processing.

A Stamp 4 immigration permission provides that the holder can work without a permit and set up a trade or business in the State. Examples of when a person may be granted a Stamp 4 immigration permission include:

- To join or reside with their Irish spouse, civil partner or de-facto partner

- As a convention or programme refugee, or based on subsidiary protection

- To join a family member who is a recognised refugee or has been granted subsidiary protection

- To remain with their child who is an Irish citizen

- Under the Investor and Entrepreneur Programme

- For Long Term Residence.

A person may also be granted a Stamp 4 immigration permission after they have had permission to work in Ireland:

- With a valid Critical Skills Employment Permit for 2 years

- With a valid employment permit for 5 years

- As a researcher (with a valid Hosting Agreement) for 2 years.

International Protection

Questions (600)

Catherine Connolly

Question:

600. Deputy Catherine Connolly asked the Minister for Justice the way in which international protection applicants can access legal aid when they apply for international protection; if he is aware of delays experienced by international protection applicants in accessing legal aid; and if he will make a statement on the matter. [15418/23]

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Written answers

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

Civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the LAB. There are 34 full time and 3 part-time law centres and specialised units. Specific law centres in Dublin, Cork and Galway currently include an international protection speciality. International protection is one of many services provided by those law centres. The LAB also engages private solicitors to provide services in international protection cases. A substantial portion of the Board’s international protection cases are handled by private practitioners.

Since the commencement of the 2015 Act, the Board has committed to providing all of its international protection clients with early legal advice on all aspects of their application. The LAB is examining its resources with regard to having a presence at the International Protection Office (IPO) to offer early legal advice to applicants.

It is open to all applicants to seek legal advice in respect of any aspect of their international protection application. My officials encourage all applicants to seek legal assistance at any stage of their application and provide them with information on the LAB, as well as offering the necessary interpretation and cultural supports as part of the process.

Each applicant is given a LAB Information Leaflet and an IPO Important Notice.

The two page LAB Information Leaflet contains information relating to the services the LAB may provide to international protection applicants along with the address and contact details of the 3 LAB offices. The notice advises applicants that they are entitled to seek legal advice and assistance from the LAB or alternatively, that they may engage private legal representation at their own expense, if they wish. It also contains a QR code which applicants can scan in order to access the IPO Information Booklet and other useful information.

The LAB does not operate a waiting list for international protection services, however the level of service given to individual applicants at any particular time may be determined with reference to the stage they are at in the international protection process and the timing of any impending deadlines, interview dates, or tribunal hearing dates.

The Government has sanctioned extra resources for LAB, designed to increase its ability to support its clients in future. In Budget 2023, increased provision of over €7.8 million was provided for the Legal Aid Board bringing its total funding to €53.060 million for this year, a 17% increase on its out-turn for 2022. This will enable the Board to recruit additional staff and meet other costs to enhance delivery of all of its services across the country.

International Protection

Questions (601)

Catherine Connolly

Question:

601. Deputy Catherine Connolly asked the Minister for Justice the number of cultural mediators employed at the International Protection Office; to outline their role and remit; and if he will make a statement on the matter. [15419/23]

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Written answers

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

The Deputy can be assured that the protection of the rights and well-being of all applicants to the International Protection Office (IPO) is among my Department’s highest priorities. The State’s current process for assessing international protection claims was designed with multiple safeguards to give applicants every opportunity for having their claims advanced.

On November 8 2022, the IPO introduced accelerated procedures for international protection applicants from safe countries of origin, designed to support our fair and efficient rules-based system. An applicant from a safe country of origin is afforded the opportunity to submit grounds, in writing and/or at interview, as to why their country is not safe for them and those grounds are given due consideration. Furthermore, all applicants have the right to appeal a negative recommendation by the IPO to the International Protection Appeals Tribunal (IPAT)

As part of this new procedure, to assist our customers in completing their application, the IPO partnered with the International Organisation for Migration (IOM), a respected UN body, to provide cultural mediators to assist applicants in completing application forms and provide support and information in respect of the protection system in Ireland.

Cultural mediators independently assist and support the applicant in the process. This is complementary to the provision of formal legal advice offered to applicants who are encouraged to seek legal assistance at any stage of their application. Applicants are also provided with the necessary interpretation supports at each stage of the process.

Cultural mediators support customers through the application procedure in the language of their choice, while identifying any signs of vulnerability, including unaccompanied minors, victims of domestic or gender-based and/or sexual violence and human trafficking. They are also expert in national identity document verification.

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

Presently, there are 12 Cultural Mediators employed at the IPO.

Question No. 602 answered with Question No. 563.

Official Travel

Questions (603)

Alan Kelly

Question:

603. Deputy Alan Kelly asked the Minister for Justice if he spoke with the FBI Director during his recent visit to the United States for St. Patrick’s Day. [15481/23]

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Written answers

I wish to inform the Deputy that I did not speak with the Director of the FBI during my recent visit to the United States for Saint Patrick's Day.

Drug and Alcohol Testing

Questions (604)

Alan Kelly

Question:

604. Deputy Alan Kelly asked the Minister for Justice the number of persons arrested and charged with drug driving within the Tipperary Garda division in 2022 and to date in 2023, in tabular form. [15482/23]

View answer
The following deferred reply was received under Standing Order 51.
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. As you will be aware, the Garda Commissioner is responsible for the management and administration of Garda business under the Garda Síochána Act 2005 (as amended), which includes the enforcement of road traffic legislation and the recording of information on the Garda IT systems. As Minister, I have no role in such matters.
I am advised by the Garda authorities that, following the issues identified in 2016 in relation to the recording of breath tests performed by Garda members, improved governance and recording structures were put in place.
The improved recording structures were implemented on the PULSE System on 13 August 2017 and this date is taken as the start point for the examination of data for intoxicant testing carried out at Mandatory Intoxication Testing (MIT) Checkpoints.
The Garda authorities have conducted a search of the PULSE database and have advised me that as of 28 March 2023 there were fewer than 10 persons arrested and subsequently charged with a drugs driving offence in Tipperary Division since 1 January 2022.
I am informed by the Garda authorities that a breakdown cannot be provided as An Garda Síochána do not report on incident types numbering under 10 in a given timeframe/geographic locale, due to data protection concerns.
I hope this information will be of assistance to you.

Written answers

I have sought the information requested by the Deputy from An Garda Síochána, and will contact him again when this is to hand.

An Garda Síochána

Questions (605)

Alan Kelly

Question:

605. Deputy Alan Kelly asked the Minister for Justice further to Parliamentary Question No. 518 of 7 March 2023, if he has received the necessary information from the Garda authorities to have this answered. [15483/23]

View answer

Written answers

The information requested by the Deputy is still awaited from the Garda authorities. I will contact the Deputy directly once the information is to hand.

Crime Prevention

Questions (606)

Holly Cairns

Question:

606. Deputy Holly Cairns asked the Minister for Justice if he will outline the role of microchipping animals in preventing the theft of companion animals; the number of Garda stations that have microchip scanners; the locations of these stations; and if he will make a statement on the matter. [15498/23]

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Written answers

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 any decisions in relation to the allocation and control of Garda resources. As Minister, I have no role in such matters.

Having a microchipped animal means found or recovered animals can be reunited quickly to their rightful owners, reducing the stress for the animal and owner alike. An Garda Síochána promote and encourage the microchipping of companion animals, but have no role in the microchipping process.

I am advised by the Garda authorities that An Garda Síochána does not supply scanners to Garda Divisions to allow for the reading of microchips used in the tagging of animals. As the need arises Gardaí seek the assistance of local vets to ascertain if animals have a microchip inserted, and the vet also provides details of the registration as it pertains to the chip, if available. There is currently no plan for the roll out of scanners to individual stations.

The Deputy may be interested to know that the Department of Agriculture has made regulations covering the advertising for sale of animals under the Animal Welfare (Sale or Supply of Pets) Regulations 2019.

Crime Prevention

Questions (607)

Holly Cairns

Question:

607. Deputy Holly Cairns asked the Minister for Justice the number of awareness campaigns run by his Department or An Garda Síochána concerning preventing the theft of companion animals, including details of how much was spent on these campaigns, and the media through which they were distributed; and if he will make a statement on the matter. [15499/23]

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Written answers

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 any decisions in relation to the allocation and control of Garda resources, including public awareness campaigns. As Minister, I have no role in such matters.

I am advised by the Garda authorities that while there has been no specific public information campaign on the theft of companion animals, An Garda Síochána have provided information via the Crimecall television programme, on preventing dog theft and livestock theft.

In addition, An Garda Síochána share information on how to prevent dog theft via their social media channels, and on burglary prevention, which is important in preventing the theft of companion animals. This includes the 'Lock Up Light Up' campaign and specific advice on burglary prevention published via the Garda website.

I am further advised that the Garda Crime Prevention Officers Network promote crime prevention campaigns throughout the country, and An Garda Síochána promotes crime prevention advice at a number of major events, including the BT Young Scientists Exhibition, the National Ploughing Championships and others.

With regard to the cost of these measures, I am advised by the Garda authorities that it is not possible to give a centralised total, as they are paid for at Divisional level.

Health Service Executive

Questions (608)

Pauline Tully

Question:

608. Deputy Pauline Tully asked the Minister for Health if he is setting up a group within his Department to look at the issue of siloing within the HSE; and if this group will agree to meet with therapy professionals' representative organisations (details supplied). [14480/23]

View answer
Awaiting reply from Department.

Health Services Staff

Questions (609)

Emer Higgins

Question:

609. Deputy Emer Higgins asked the Minister for Health if a child who is assessed privately for a speech and language disorder can seek access to HSE supports based on the opinions of a private medical professional; and if he will make a statement on the matter. [14931/23]

View answer

Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Health Services Staff

Questions (610)

Emer Higgins

Question:

610. Deputy Emer Higgins asked the Minister for Health if his Department can provide a list or database of private speech and language therapists that are approved by the HSE; and if he will make a statement on the matter. [14932/23]

View answer

Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

National Children's Hospital

Questions (611)

Catherine Murphy

Question:

611. Deputy Catherine Murphy asked the Minister for Health the number of requests and monetary sums requested in respect of the ongoing completion of the National Children's Hospital in 2022, and to date in 2023. [15228/23]

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Written answers

The New Children’s Hospital (NCH) Project, comprising of the main hospital at St. James’s campus in Dublin, and two paediatric outpatient and urgent care centres at Connolly and Tallaght hospitals, is a Government priority.

In 2018, the previous Government approved a capital budget of €1.433bn for the NCH project. This included the capital costs for the main hospital at St. James’s Hospital campus, the two outpatient departments and urgent care centres at Connolly and Tallaght campuses (now fully operational), equipment for the three sites, and the construction of the carpark and retail spaces.

A number of items were not included in this investment figure, as there was no price certainty for them and nor can there be, for some, for the duration of the project. These include construction inflation, the impact of unforeseen events (e.g. Covid-19), statutory changes, the contractor’s right to claim for additional true costs in line with public works contract provisions, and implementation of the 2019 PwC report recommendations.

The HSE, as the Sanctioning Authority and capital funder for the programme, manage NPHDB funding within the overall health capital envelope. To date the original budget has not been depleted. However, as a result of costs outside of the original budget and those associated with programme prolongation the original sanctioned budget will be insufficient. No requests for additional budget sanction have been submitted to the Minister for Public Expenditure, NDP Delivery and Reform. Any additional funding requests will be brought to Government for sanction.

Despite challenges arising from, but not limited to, Brexit, the pandemic, and the invasion of Ukraine, which severely impacted global construction industry supply chains and pose more general economic challenges, work on the St. James’s site is progressing well. The external façade including glazing is almost complete and the large glass biome over the central staircase is complete. The most advanced areas have finished floors, walls, ceilings and joinery, such as nursing stations installed and equipment. The major focus in 2023 continues to be the internal fit-out and commissioning of mechanical and electrical services.

In late 2022 the first clinical rooms were completed, ready for system commissioning. The remaining 4,600 clinical rooms will follow in a sequenced manner over the coming months.

Health Services Waiting Lists

Questions (612)

Eoin Ó Broin

Question:

612. Deputy Eoin Ó Broin asked the Minister for Health if he is aware there is currently a wait of 12 months, or more, for an initial community occupational therapy appointment in an area (details supplied); and the action the HSE are taking to ensure appointments for this service are available in a shorter, more reasonable timeframe. [14643/23]

View answer

Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

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