Written Answers Nos. 1043-1060
1043. Deputy Sorca Clarke asked the Minister for Justice if he will review in its entirety the application under the regularisation of the long-term undocumented migrants scheme by a person (details supplied). [18262/23]
View answerI am advised by the Immigration Service Delivery function of my Department that the person concerned has made an application under the Regularisation Scheme. That application is being examined at present to see if it meets the Regularisation Scheme’s qualifying criteria. Once that examination has been completed the person concerned will be notified of the outcome of their application. I am advised that this process should be completed within the coming weeks.
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 at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
1044. Deputy Bernard J. Durkan asked the Minister for Justice the progress in regard to the promised investigation into section 47 and similar reports currently used in family law courts; and if he will make a statement on the matter. [18316/23]
View answerThe Government is determined to overhaul the operation of the Family Justice System, to ensure that we have a more efficient and user-friendly family court process that puts the family at the centre of its work.
As the Deputy is aware, on the 16th of November 2022, then Minister for Justice Helen McEntee published the first National Family Justice Strategy.
The Strategy sets out the vision for a coordinated, consistent and user-focused family justice system, which helps children and families obtain earlier, appropriate resolutions in a simpler, fairer, and more effective way. It aims to achieve this through the implementation of over 50 actions across nine goals. The Strategy is foundational in nature, recognising the many issues that currently exist within the system but outlining the steps needed to move towards a family justice system that is streamlined and user-friendly, and which supports and protects children and their families.
The Strategy also contains a number of actions which stress the importance of children and their needs in a reformed family justice system; that their voices are heard and views considered in a meaningful way.
To that end, my Department has commenced a review to examine the role of expert reports -including section 47 and 32 reports - in the family law process, the commissioning and availability of these reports and their content and use. This review is progressing with a set of recommendations to be produced by the end of this year. Later in the year, a Working Group will be established to review the effectiveness of the current arrangements for hearing the voice of the child in private family law cases.
Part of the Strategy, and an important element of the family justice reforms, is the Family Courts Bill 2022, which was published on 1st December and has completed Second Stage in the Seanad.
The Family Courts Bill will provide for the establishment of a Family Court as divisions within the existing court structures, each dealing with family law matters as appropriate to its jurisdiction.
Both the Bill and the Strategy recognise that children and families should be at the centre of the system. These initiatives mark the beginning of the reform of how our family justice system operates, to try to make it work better for everyone engaging with it, but particularly for those who need additional supports and protections, such as domestic violence victims or vulnerable parents and children.
1045. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which matters are ongoing to curtail drug trafficking affecting second-level schools and colleges, and in many cases, primary schools; and if he will make a statement on the matter. [18317/23]
View answerAt the outset I would like to assure the Deputy that tackling drug dealing and associated criminal activity, including by organised crime groups, is a top priority for An Garda Síochána and this Government.
An Garda Síochána continues to target those involved in the sale and supply of illegal drugs through Operation Tara, which has a strong focus on tackling street-level dealing across the country. Operation Tara also focuses on disrupting and dismantling the drug trafficking networks that impact on our communities and prosecuting those involved at every level.
The Garda National Drugs and Organised Crime Bureau (GNDOCB) has had significant, sustained success in disrupting the supply of illicit drugs by organised crime groups with over €235 million worth of drugs seized in the period 2016 – 2021, as well as several substantial seizures in recent weeks.
I can also assure the Deputy that the Criminal Justice (Miscellaneous Provisions) Bill 2022 is being progressed. These new laws will ensure that An Garda Síochána and our Courts have the tools they need to take firm and decisive action to deal with our most serious criminals.
The record budgetary resources allocated to An Garda Síochána in recent years have enabled the Garda Commissioner to assign extra resources to the specialist units involved in tackling organised crime, including the Armed Support Unit, GNDOCB, the National Bureau of Criminal Investigation, and the Criminal Assets Bureau (CAB).
An Garda Síochána uses multi-disciplinary approaches to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted. Such approaches include the use of money-laundering legislation and the powers available to CAB under the proceeds of crime legislation. Other measures taken to tackle organised crime include the strengthening of legislation where required, the establishment of a second Special Criminal Court in 2016, and the establishment of Garda Armed Response Units in all Garda regions which are available to support all divisions countrywide.
Finally, in relation to the use of children by criminal gangs to deal drugs, the Criminal Justice (Exploitation of Children in the Commission of Offences) Bill was initiated in the Dáil in January of this year. In addition to the new legislation, the Greentown approach to assisting children who are drawn into criminal networks, based on the 'Lifting the Lid on Greentown' report produced by my Department in partnership with the University of Limerick, is currently being operated in two locations and is having a positive impact on helping those children and their families break away from the criminal gangs who are exploiting them.
1046. Deputy Bernard J. Durkan asked the Minister for Justice the number of accused persons currently on bail throughout the country; the number of such cases of repeat offending; and if he will make a statement on the matter. [18318/23]
View answer1047. Deputy Bernard J. Durkan asked the Minister for Justice the number, if any, of crimes committed in each of past years, to date, by persons on bail for previous offences; and if he will make a statement on the matter. [18319/23]
View answerI propose to take Questions Nos. 1046 and 1047 together.
In relation to the specific information sought by the Deputy, it is important to state that criminal investigations are carried out by An Garda Síochána, who then submit a report to the DPP. The Director of Public Prosecutions (DPP) is the agency responsible for the prosecution of crime in Ireland and it is for the DPP to decide whether or not someone should be prosecuted and for what crime. This decision is made on the basis of the Garda findings, viewed against the background of common and/or statute law. The Director is fully independent in the performance of her functions.
Furthermore, as the Deputy will be aware, the provision of figures in relation to convictions are a matter for the Courts Service. Management of the courts, operational and logistical matters are the responsibility of the Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. As the Deputy will be aware, I have no role in this regard.
In order to be of assistance, my Department contacted the Courts Service to see if the statistics requested by the Deputy are available. I am advised by the Courts Service that statistics are not compiled in such a way as to provide the specific information sought. However, it may be of interest to the Deputy to note that the Central Statistics Office regularly publishes both prison and probation re-offending statistics on their website www.cso.ie.
1048. Deputy Bernard J. Durkan asked the Minister for Justice the efforts currently being made to discourage young people from becoming involved in a life of crime, including drug peddling; and if he will make a statement on the matter. [18320/23]
View answerAt the outset I would like to assure the Deputy that my Department is committed to building stronger and safer communities and implementing policies designed to create a pathway to divert young people away from a life of crime.
As the Deputy will be aware, Youth Diversion Projects (YDPs) are community-based, multi-agency crime prevention initiatives which seek to divert young people who have become involved in crime or anti-social behaviour, and to support wider preventative work in the community and with families at risk. There are currently over 100 YDPs throughout the State providing suitable activities to facilitate personal development, promote pro-social behaviour and improve long term employability prospects for participants.
Youth diversion is not about young people avoiding punishment or consequences. It is about recognising that many young people who do stray from the proper path simply need support and direction to get their lives back on track. The work of the YDPs benefits everyone in our communities as they work to promote pro-social activities and outcomes for young people at risk of a life of criminality.
Funding for YDPs is provided by the Department of Justice and co-financed by the European Union under ESF+ and, in Budget 2023, a further €2.5 million in funding was allocated to youth justice services, increasing the total budget allocation for the YDPs and other youth justice projects to €30.24 million.
This funding will be deployed with the assistance of the best available research and expert evidence to keep young people away from crime.
Under the Youth Justice Strategy 2021-27, the intention is to further develop this service so that it is available to every child in the State who could benefit from it, through an ongoing expansion of existing services and the foundation of new projects where necessary.
A call for expressions of interest from community groups for establishment of a number of new YDPs in areas that currently are not covered issued on 30 November and a number of expressions of interest have been received with full applications due before end of Q2 2023.
Additionally, in line with the commitment in the Programme for Government and the Youth Justice Strategy, my Department launched a public consultation on appropriate diversion processes for young adults aged 18-24 who come into contact with the criminal justice system. It is well recognised internationally that more considered responses by justice systems for this age group may produce better results. This consultation closed in January and my Department will organise a number of subsequent consultation events for stakeholders over the coming months with a view to bringing forward proposals by the end of the year.
My Department also has a dedicated youth justice partnership with the internationally recognised REPPP team (Research Evidence into Policy Programmes and Practice) at the University of Limerick which is guiding the development of programmes and practices within the framework of the Youth Justice Strategy.
This includes the REPPP Action Research Project which aims to co-design and implement new guidance on effective practitioner and young person relationships in Youth Diversion Projects (YDPs). This has been done using 16 YDP sites nationwide and involving them in a trial process over 2 years.
REPP is also providing dedicated research and expert support, including best practice support for the nationwide project network (to roll out expanded and additional YDPs to fully ensure national coverage), facilitated by the REPPP project team.
Justice Plan 2023 commits to diverting children away from gangs seeking to recruit them into a life of crime. We will continue to roll out the evidence-based community intervention programme “Greentown”, which seeks to break the link between children who are engaged or at risk of engaging with a criminal gang.
Minister Harris recently published the Criminal Justice (Engagement of Children in Criminal Activity) Bill 2023. This new legislation, which will criminalise the grooming of children into a life of crime will, for the first time, create specific offences where an adult compels, coerces, induces or invites a child to engage in criminal activity.
I am determined to protect children and teenagers from being coerced into a life of crime, and the penalty on conviction is up to five years' imprisonment.
The new offence will be a separate, prosecutable offence on top of the provisions in current law where an adult who causes or uses a child to commit a crime can generally be found guilty as the principal offender - meaning they can be punished as though they committed the crime themselves.
1049. Deputy Bernard J. Durkan asked the Minister for Justice the number of positions to be filled on the benches of District, Circuit and High Court; and if he will make a statement on the matter. [18321/23]
View answerIt is a priority for my Department to ensure that the courts are resourced to administer justice efficiently and effectively for citizens in their access to justice. The Government endeavours to fill judicial vacancies at the earliest opportunity, and a number of such vacancies have been filled recently.
The number of positions to be filled in each jurisdiction is provided in the table below. The numbers provided include the High Court, the Circuit Court and District Court.
|
Court |
Current Vacancies as of 14/04/2023 |
|
High Court |
0 |
|
Circuit Court |
1 |
|
District Court |
1 |
Most recently, on 7 March 2023 the Government made three nominations to the Circuit Court. Two of those Judges were appointed on 11 April 2023. I wish to inform the Deputy that arrangements are being made for the final appointment by the President to the Circuit Court in the coming weeks.
There is currently one vacancy in the District Court and I intend to have this vacancy filled as soon as practicable.
The final report of the Judicial Planning Working Group was noted by Government on 21 February and highlights the importance of developing a structured system for planning and deploying judicial resources which recognises organisational interdependencies and a whole of system approach. The recommendations have been welcomed in all quarters.
The recommendations relate to five key areas; additional judicial resources, measures to promote the effective use and management of judicial resources, enhanced data collection and management, measures to improve services to Court users and judicial skills and training.
Additionally, in February, I secured Government approval to dramatically increase the number of judges to facilitate greater access to justice, support the Government’s priorities to establish a Planning and Environmental Court and dedicated Family Courts, and to clear COVID backlogs. My intention is to appoint an initial tranche of 24 additional judges in 2023, with a further 20 additional judges following the implementation of reforms and efficiencies. Three of these additional judicial positions were created under the Assisted Decision-Making Act 2022, with two already filled and the third judge nominated.
Legislation is currently making its way through the Oireachtas to allow for this substantial increase in judge numbers. The Courts Bill 2023 is a short and technical Bill, amending existing legislation for increasing the statutory maximum prescribed in respect of the number of judges of the District, Circuit and High courts and of the Court of Appeal. Nominations for these newly created judicial vacancies will be brought forward in due course.
1050. Deputy Bernard J. Durkan asked the Minister for Justice the number of persons deemed to be members of criminal gangs who are currently serving time in prison; and if he will make a statement on the matter. [18322/23]
View answerI am advised by my officials in the Irish Prison Service that there are currently 113 prisoners in custody, serving a sentence or awaiting trial, who are associated with known organised criminal gangs.
There is an additional 70-80 prisoners who are associates of these prisoners, but who are not known to be officially aligned to organised gangs, and others who are part of “gangs” in prison who are not known as organised criminal gangs.
These figures exclude the subversive prisoners in Portlaoise Prison.
Membership or allegiance to these criminal groups fluctuates on a continuous basis, with some persons breaking links and others becoming affiliated on a daily basis.
It is also the case that prisoners will not always declare their affiliation to certain groupings, and it is therefore not possible to provide definitive numbers in relation to the number of known members of criminal groupings currently in custody.
It should also be noted that more than one criminal gang may group together under the umbrella of a particular group, and in some instances some gangs may form splinter groups.
1051. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which the prisons throughout the country are effectively sealed off from the point of view of drug distribution; and if he will make a statement on the matter. [18323/23]
View answerThe stated mission of the Irish Prison Service is to provide safe, secure and humane custody for people who are sent to prison. The Irish Prison Service is committed to managing custodial sentences in a way which encourages and supports prisoners to embrace change and work towards living law-abiding and purposeful lives on release.
The pernicious nature of the problems caused by the presence of harmful drugs, within communities, and in prisons, has been well-documented. The incursion of illicit drugs to the prison environment poses a number of challenges and risks, not only in terms of the negative health issues caused by addiction, but also by increasing threats to safe custody and good order as manifested in acts of violence, self-harm, bullying and other criminal activity.
Over 70% of people committed to prison have addiction issues. Those in active addiction, continue their drug-seeking behaviour inside prison, notwithstanding the supports that are available to address their addiction and support recovery. The Prison Service has taken determined actions to reduce the flow of contraband into prisons but, similar to communities nationwide, no prison community is completely 'sealed off' from the illegal trafficking of drugs, and drug-free prisons will only be possible when we have a drug-free society.
That said, the Prison Service takes a very proactive approach to preventing the smuggling of contraband into prisons and continues to review and upgrade security measures on an ongoing basis to tackle and reduce the smuggling of contraband into prisons. Some of these measures include:
Full security reviews of all prisons are currently under way and expected to conclude in Quarter 2, 2023;
Installation of nets across prison exercise yards and ongoing research into new models;
Drug-swabbing machines at entry-points to closed prisons;
Targeted, intelligence-led searching;
Random searching;
A pilot scheme to examine the use of anti-drone technology;
Placement of prisoners in high-security locations;
Re-aligning the Irish Prison Service Canine Unit in the Operational Support Group;
Use of CCTV;
Use of confidential phone line;
Continuing research into technological solutions to prevent the smuggling of contraband into prisons, within the limitations of existing legislation;
Continuing consultation and ideas exchange with other prison jurisdictions;
Customer service training for front-of-house staff to enhance detection practice;
Ongoing development and strengthening of the Irish Prison Service partnership with An Garda Síochána, with regard to the organised trafficking of contraband into prisons;
Joint Garda & Irish Prison Service operations to tackle drugs being thrown across prison walls; and
Awareness building of the harmful effects of illicit drug use amongst the prison population, including peer-led education and information campaigns, and information campaigns directed at visitors.
The Prison Service is currently working to update and publish a new Illicit Drug Strategy by end of quarter 2 2023. This strategy will re-affirm the commitment to working steadfastly to reduce the harm of drug use within the prison population. This strategy will set out practical goals to increase support for security measures to prevent access, education and information programmes to deter trafficking, and drug treatment and counselling services in collaboration with government and non-government partners to help tackle the insidious threat posed by illegal drug use and trafficking.
1052. Deputy Bernard J. Durkan asked the Minister for Justice the number of prisoners who have become absent from prison without leave before the end of their prison sentence; and if he will make a statement on the matter. [18324/23]
View answerI am advised by my officials in the Irish Prison Service the total number of people who have absconded from custody since 2014 is 79, of which 7 are currently at large.
|
Year |
Number of Absconders |
Number Still at Large |
|
2023 |
1 |
0 |
|
2022 |
2 |
2 |
|
2021 |
14 |
0 |
|
2020 |
10 |
2 |
|
2019 |
6 |
0 |
|
2018 |
7 |
0 |
|
2017 |
6 |
0 |
|
2016 |
9 |
0 |
|
2015 |
13 |
2 |
|
2014 |
11 |
1 |
|
Total |
79 |
7 |
The Irish Prison Service defines an absconder as someone who leaves an open centre without permission.
An Garda Sìochàna are informed when a person absconds from custody and Gardaí have the power to detain, arrest and return that person to custody.
Experience has shown that the vast majority of people who abscond return voluntarily or are returned to custody to complete their sentences within a short timeframe.
1053. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which state-of-the-art technology is currently available or being made available to An Garda Síochána to assist in the detection and prosecution of all forms of crime; and if he will make a statement on the matter. [18325/23]
View answerAs 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 operational policing matters. As Minister, I have no role in such matters.
As the Deputy will be aware, the 2023 allocation for An Garda Síochána provides funding of over €2.24 billion. The Garda capital budget is an unprecedented €183 million including €100 million for ICT and €50 million for the Capital Building Programme.
The ongoing provision of capital funding on Garda ICT infrastructure will support the ongoing business and operational requirements of An Garda Síochána enabling them to deploy the latest, cutting edge technologies in the fight against crime.
In line with the recommendations of the Commission on the Future of Policing in Ireland, the Garda Síochána (Recording Devices) Bill 2022 will introduce body-worn cameras for members of An Garda Síochána and strengthen their ability to combat crime through the use of CCTV and ANPR technology.
Policing services across the world have gained significant benefits from the introduction of these technologies and I am confident that they will play an important role in improving Garda front-line capabilities and in ensuring the accurate recording of incidents.
The Deputy may be aware that the expansion of the Garda National Cyber Crime Bureau (GNCCB) is a priority project under A Policing Service for our Future, the implementation plan for the recommendations of the Commission on the Future of Policing in Ireland. The aim of this project is to significantly enhance the capabilities of GNCCB to tackle cybercrime in this jurisdiction. The GNCCB provides for top tier digital forensic services to support organisational investigations.
An Garda Síochána's Digital Strategy for the period 2019 – 2023 ensures that information and communications technology will continue to support and transform An Garda Síochána’s capabilities in areas such as crime prevention, investigation and detection, supporting victims of crime, and protecting vulnerable members of society. It supports the implementation of the Garda Síochána Strategy and the Garda mission of keeping people safe.
The overarching theme and title for the Digital Strategy is, ‘CONNECT’. It is a five-year strategy, consisting of five core strategic objectives: Collaboration, Enabling Information Led Policing, Ensuring Our People Are Connected, Enhancing Public Engagement, and Building ICT Capability.
The strategy will ensure that front-line policing and support staff have the technology to connect to the information and systems they require and that An Garda Síochána can connect with partner agencies who they collaborate with to achieve strategic goals.
Projects to modernise the technology available to An Garda Síochána are prioritised and delivered based on their impact and the resources and funding available on a multi-year basis with costs determined following detailed planning and responses to public tender competitions.
In December 2017 the first 50 members of An Garda Síochána in Limerick used Garda ACTIVE Mobility apps to allow them to access their email on the move, check a vehicle’s history and tax status, and allow them to work more efficiently with local business and community groups.
Following a successful pilot in Limerick the initial launch of the Active Mobility Service, a key project under 'A Policing Service for the Future', took place on the 3 December 2019.
There are now over 11,000 Mobility Devices (both standard devices and active mobility devices) issued to Garda members.
The Active Mobility Programme in particular is transforming An Garda Síochána into a digitally enabled police service by giving instant and secure access to a wide-range of Garda information and services regardless of location through mobility devices.
The following are some of the apps available on the devices:
PULSE Person Search App which has been deployed to over 2,000 Garda members, enabling them to conduct searches on PULSE and which will return all relevant records such as incidents, warrants and warnings. This particular app has been described as a ‘game changer’ for operational personnel and some notable arrests have already been achieved.
Fixed Charge Notice App for recording principally road traffic offences. Over 300,000 offences have been recorded using the app.
Automatic Number Plate Recognition App for detecting tax and insurance offences, disqualified drivers and PULSE intelligence warnings.
RDMS App providing a book on/off facility and access to roster and leave processes.
Email and the Garda Portal.
MS Teams App providing mobile voice and video conferencing services.
New Garda Learning Management System (LMS) App enabling online training for Garda personnel.
New Map App providing real-time access to a range of map information, such as Garda stations, legal boundaries, etc.
New KOPS “Keeping our people supported” Health and Wellness App.
1054. Deputy Bernard J. Durkan asked the Minister for Justice the number of persons deemed to be missing persons; and if he will make a statement on the matter. [18326/23]
View answerAs the Deputy will be aware, by law the investigation of any missing persons case is an operational matter for An Garda Síochána. As Minister for Justice, I have no role in any individual Garda investigation.
I am advised by the Garda authorities that, as of 13 April this year, there are 847 persons reported as missing recorded on the Garda PULSE database. This data is operational and liable to change. I am informed that all missing person investigations remain open until the missing person is located.
I am further advised that a missing person investigation commences when the incident is reported to An Garda Síochána and is constantly reviewed at Superintendent level in the relevant Garda district at specific junctures within the investigation. This helps to ensure that all investigative actions appropriate to the investigation are being pursued, and that the appropriate resources have been assigned to the investigation.
1055. Deputy Bernard J. Durkan asked the Minister for Justice total number of gardaí available throughout the country on a full-time basis; and if he will make a statement on the matter. [18327/23]
View answerAs the Deputy will be aware, by law the Garda Commissioner is responsible for the administration of An Garda Síochána, including the distribution of Garda members between the various Garda Divisions. I have no role in these operational matters.
I am assured that Garda management keeps the distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use.
I am advised by the Garda authorities that as of 31 March 2023, the latest date for which figures are available, there is a total of 14,036 Garda members.
I am further informed that it is not possible to provide a figure for the number of Gardaí on duty at any one time due to the fluctuating nature of crossovers, rosters, and other necessary changes.
I understand that it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs.
Further detailed information in relation to Garda numbers is available on my Department’s website. This information is updated every month with the latest data provided by An Garda Síochána, and includes the number of Gardaí by station across the whole country.
The information can be found at the following link: www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/ .
1056. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which hate speech, hate crime and racism continue to be addressed in all areas throughout the country; and if he will make a statement on the matter. [18328/23]
View answer1057. Deputy Bernard J. Durkan asked the Minister for Justice the number of prosecutions taken or pending against persons deemed to have made hate speeches or communications. [18330/23]
View answerI propose to take Questions Nos. 1056 and 1057 together.
I am informed by the Garda authorities that An Garda Síochána is very clear on its position in relation to racist abuse or other types of 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”.
Hate speech laws have been in place in Ireland for over thirty years. The Prohibition of Incitement to Hatred Act 1989 prohibits threatening, abusive or insulting conduct that is intended or likely to stir up hatred against a group of persons on account of certain characteristics, such as race, religion and sexual orientation.
These laws are being updated in new legislation published by Minister McEntee last October which addresses both hate speech and hate crime. The new law – the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 – is currently before the Oireachtas and it is my intention that it will be enacted this year. Once enacted the Bill will criminalise any intentional or reckless communication or behaviour that is likely to incite violence or hatred against a person or persons because they are associated with a protected characteristic, and will create new “hate crime” offences where specific offences are aggravated by hate of a protected characteristic.
Up to now, hate speech incidents have been investigated by An Garda Síochána under the 1989 Act, while hate crimes have been investigated and prosecuted under general criminal law, but with the hate motive taken into account by judges as an aggravating factor at sentencing. The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 will ensure that hate-motivated offences in our communities can be prosecuted as hate crimes; and the hate element therefore will be reflected in the charge and conviction.
In addition, An Garda Síochána has made a number of significant advancements which allows for the professional recording and investigation of hate-related offences. These include the:
Introduction of working definitions for hate crime and hate incidents based on perception- based recording - the perception of the victim or other relevant person is the defining factor at the reporting stage. No additional evidence is required;
Launch of Garda Online Hate Crime Reporting Service (2021);
Publication of regular hate crime data;
Internal Hate Crime Communications Strategy (2021);
Public Hate Crime Media Campaign “Hate Crime is Unacceptable – Let’s Stop Hate Together” ( 2021);
Updated recording and monitoring systems and the publication of new Policy and Procedures - Responding to Hate Crimes and Non Crime Hate Incidents;
Introduction of mandatory Hate Crime training for all Garda personnel across every rank and grade and specialist training for personnel working more closely with victims of hate crime; and
Ongoing training of Garda Diversity Officers (GDOs). There are currently 481 GDOs who are trained, developed and supported to actively engage with and attend to the concerns of minority, diverse and hard to reach communities.
As the Deputy will be aware, prosecutions are a matter for the Director of Public Prosecutions (DPP). The DPP is wholly independent in her functions under the Prosecution of Offences Act 1974 (as amended) and, as Minister, I have no role in the operations, governance or oversight of the Office of the Director, which is funded through the Vote of the Department of the Taoiseach.
As a result I am unable to provide any statistical information related to the work of the DPP.
1058. Deputy Catherine Connolly asked the Minister for Justice what engagement he has had with the Private Security Authority on the need to include the sheriff in the carrying out of evictions, and the provisions of the Eviction (Ireland) Act 1848 in its newly issued guidelines; and if he will make a statement on the matter. [18336/23]
View answerThe Private Security Services (Amendment) Act 2021 brings the regulation and licensing of security personnel assisting those enforcing court orders for evictions and repossessions within the remit of the Private Security Authority. The Act was signed into law by the President on 12 July 2021.
The main provision of the Act is the insertion of an additional category and a definition of ‘enforcement guard’ in the list of security services covered by the Private Security Services Act 2004. This will require enforcement guards to obtain a licence to operate and ensure that they are subject to the training standards and licensing regime operated by the Private Security Authority (PSA).
As the Deputy will be aware, the PSA, an independent body under the aegis of my Department, is the statutory body with responsibility for licensing and regulating the private security industry in Ireland.
The licensing of contractors operating as enforcement guards has now commenced. Contractors seeking a licence from the PSA must be tax compliant, are subject to Garda vetting and must meet requirements of the standards prescribed for licensing. For enforcement guards, the standard is “PSA Licensing Requirements Enforcement Guards (PSA 91:2022)”. The standard covers areas such as the structure and ownership of the business, staffing and training of employees as well as operational matters.
The Private Security Services (Amendment) Act 2021 has no impact on the role of sheriffs.
Sheriffs or County Registrars acting as Sheriffs are responsible to the Court for the enforcement of court orders. Sheriffs are officers of the court and are independent in the exercise of their functions and duties under statute and rules of court.
1059. Deputy Eoin Ó Broin asked the Minister for Justice if there is a process through which a person who is living in Ireland on a specific permission (details supplied) and who is a survivor of domestic violence can regularise their status; and if so, if he will outline this process. [16057/23]
View answerThe Government is committed to combatting all forms of domestic, sexual and gender-based violence and to supporting all those who are victims of these terrible crimes. It is important that anyone who has been the victim of domestic violence, or who may be fear for their safety, reaches out for help regardless of their immigration status. In all such cases, victims will be treated humanely and sympathetically and their safety and well-being will be of paramount importance.
My Department has put in place Victims of Domestic Violence Immigration Guidelines which cover people who are being abused by their sponsor in the State and who need an independent permission. These guidelines rightly state that no one should have to suffer domestic violence and recognise that migrants may have additional vulnerability in this area, as the perpetrator may threaten a victim with the loss of their status if they report the abuse.
These guidelines can be viewed at www.irishimmigration.ie/wp-content/uploads/2021/06/Vicitms-of-dometic-violence-immigration-guidelines-june-2021.pdf
Anyone who is the victim of domestic abuse and whose permission to be in the State is linked to their partner, will have the issue of their status dealt with sensitively and confidentially by the immigration authorities and each case will be assessed on an individual basis.
Where an application is submitted pursuant to the Victim of Domestic Violence Guidelines, it is ordinarily dealt within one working day, however if further documentation is required this will affect the processing time, but every effort is made to keep this to a minimum.
It should also be noted that it is open to any person holding an immigration permission to make an application to the Immigration Services of the Department or their local immigration officer for a change to their permission at any stage and details are available on www.irishimmigration.ie.
In order to ensure that support service providers are aware of the Immigration arrangements available to victims, Immigration officials held an information/training session with Women’s aid. In addition the Immigration Service Delivery website has a translation tool that provides translation of the sites pages.
Where a person has an immigration permission independent of their abusive partner there is no need to contact the Immigration authorities however they should continue to engage with An Garda Síochána and other support services.
My Department is working with our NGO partners to address specific concerns that victims of domestic violence may have and to develop and disseminate information specific to the needs of the groups they represent in a way that reaches the intended audience.
A full list of the support services available to victims of domestic violence is available on www.stillhere.ie. Female victims can contact the Women’s Aid Freephone Helpline on 1800 341 900. Their Telephone Interpretation Service facility covers 170 languages for callers needing support in their own language. Interpreters are available on the Language Line from 8am–8pm, 7 days a week. Male victims of domestic violence can contact the male domestic violence advice line on 1800 816 588.
1060. Deputy Bernard J. Durkan asked the Minister for Justice if documentation, including declaration and a police record, have been received in respect of the ongoing application for citizenship in the case of a person (details supplied), who sent in the required information approximately three months ago but received no acknowledgement; when the application will be finalised; and if he will make a statement on the matter. [16095/23]
View answerThe Citizenship Division of my Department can confirm that the statutory declaration and police certificate in relation to the application for naturalisation referred to by the Deputy has been received.
The Division have also advised that if further documentation and/or clarification of any matter related to the application is required, they will contact the applicant directly.
The naturalisation application continues to be processed by my Department, with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. It will be submitted to me for decision in due course.
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 at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
