Tuesday, 26 Sep 2023

Written Answers Nos. 420-429

Legal Aid

Questions (420, 421, 422, 423)

Peadar Tóibín

Question:

420. Deputy Peadar Tóibín asked the Minister for Justice to provide, in tabular form, the current waiting and number of applicants for a first appointment with a solicitor at each Legal Aid Board Law Centre. [41365/23]

Peadar Tóibín

Question:

421. Deputy Peadar Tóibín asked the Minister for Justice to provide, in tabular form, the number of qualified solicitors per each Legal Aid Board Law Centre for each of the past five years to date. [41366/23]

Peadar Tóibín

Question:

422. Deputy Peadar Tóibín asked the Minister for Justice to provide, in tabular form, the numbers seeking legal advice from a qualified solicitor for each Legal Aid Board Law Centre for each of the past five years to date. [41367/23]

Peadar Tóibín

Question:

423. Deputy Peadar Tóibín asked the Minister for Justice the total amount of public funding allocated to the cost of Legal Aid Board Law Centre services for each of the past five years. [41368/23]

Written answers

Minister for Justice

I propose to take Questions Nos. 420, 421, 422 and 423 together.

The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2021. Section 3(3) of the Act states that the Board shall, subject to the provisions of the Act, be independent in the exercise of its functions.

As the Deputy is aware, civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the Board. There are 34 full-time centres and dedicated units and three part-time law centres. The Board also operates 20 family mediation centres. Eight of the law centres and family mediation offices are co-located.

The Board also engages private solicitors to supplement the services provided by Board solicitors in certain areas of law on a case by case basis. These areas include District Court family law matters, Circuit Court judicial separation and divorce cases, international protection cases, and cases on foot of the Abhaile scheme.

A priority service is provided by the Board in certain cases, including cases involving domestic violence, child abduction, applications by the State to take children into care or under supervision, and cases that have statutory time limits close to expiry.

I am informed that the Board also delivers specialist services at the following locations, where it does not operate a waiting list: Law Centre Smithfield (International Protection, Human Trafficking and Child Abduction), Dolphin House (District Court Family Law and Mediation), Montague Court (Medical Negligence/Personal Injuries) and Chancery Street (Childcare).

The waiting times and numbers for first consultation appointments are published on a regular basis on the website of the Legal Aid Board (www.legalaidboard.ie).

To be of assistance to the Deputy, I have had enquiries made and the Legal Aid Board has provided the information in the below table, which sets out the maximum waiting time in weeks, for non-prioritised matters, as of 1 September 2023 for the various law centres.

It must be emphasised that this table provides a snapshot of waiting times at a particular point in time. Waiting times vary depending on demand and on the capacity of each law centre to offer appointments to new clients. I am informed that a lack of availability of private practitioners is impacting a number of law centres that currently have long waiting lists, along with solicitor turnover and other staff movement or absences which the Board is seeking to address. I am informed that where capacity permits, applications for civil legal aid are transferred between law centres to allow earlier first consultation appointments for applicants. I am further informed that the distribution of resources by the Board is similarly kept under constant review.

Table - Waiting times – 1 September 2023

Law Centre	Longest time a person is waiting (in weeks)	Nos. Waiting
Athlone	8	22
Blanchardstown	24	43
Castlebar	19	65
Cavan	6	23
Clondalkin	19	37
Cork Popes Quay	16	56
Cork South Mall	12	46
Dundalk	20	36
Ennis	7	14
Finglas	11	36
Galway Francis St	2	11
Galway Seville House	9	8
Jervis Street	16	50
Kilkenny	21	53
Letterkenny	7	32
Limerick	16	68
Longford	20	32
Monaghan	17	16
Navan	14	40
Nenagh	12	30
Newbridge	15	27
Portlaoise	20	43
Sligo	32	60
Smithfield	21	42
Tallaght	16	43
Tralee	15	20
Tullamore	0	0
Waterford	16	41
Wexford	7	24
Wicklow	15	37

I am informed that the Board employs a full time equivalent of approximately 540 staff.

As a statutory body, the Legal Aid Board has delegated sanction for the recruitment of its staff, subject to the necessary approvals.

I have been provided with the information contained in the below table by the Legal Aid Board, which sets out the average solicitor staffing by year per each law centre in FTE terms during the years 2018 – 2023 (1 January – 31 August).

Table – Average number of Solicitor Staff per Law Centre 2018 – 2023 YTD (1 January – 31 August)

Law Centre	2018	2019	2020	2021	2022	2023
Athlone	4.5	3.5	2.5	3.0	3.4	3.6
Blanchardstown	2.1	3.0	2.7	2.1	2.2	2.0
Castlebar	3.0	2.9	3.0	2.8	2.4	3.2
Cavan	2.0	2.0	1.8	1.8	1.8	1.9
Chancery Street	3.0	3.0	2.7	0.0	2.3	1.6
Clondalkin	4.0	3.0	2.9	3.1	2.1	2.0
Cork Popes Quay	7.2	7.6	6.1	4.1	6.4	7.5
Cork South Mall	6.9	6.3	6.4	6.0	6.2	7.8
Dundalk	2.0	2.0	2.0	2.1	2.0	2.7
Ennis	2.5	2.7	2.7	2.8	3.0	3.6
Finglas	3.0	3.0	2.6	2.2	2.9	4.3
Galway Francis St	5.8	4.2	3.5	3.6	4.2	4.2
Galway Seville House	4.0	6.0	5.0	5.3	5.8	5.9
Jervis Street	7.0	4.6	5.2	5.2	5.7	5.9
Kilkenny	4.0	4.2	3.2	3.7	4.3	4.2
Letterkenny	3.6	3.6	3.3	3.0	2.7	2.8
Limerick	4.0	4.0	4.0	3.9	4.2	4.3
Longford	2.0	4.0	2.8	2.9	2.1	2.9
Minceir Traveller Legal Support Service	N/A	N/A	N/A	1.0	0.9	0.9
Monaghan	3.0	2.7	2.7	2.6	2.7	2.5
Montague Court	2.0	3.7	0.0	5.8	3.5	3.2
Navan	2.8	2.2	1.8	3.0	3.0	3.1
Nenagh	3.8	4.0	3.3	3.8	3.7	4.6
Newbridge	4.0	4.0	3.6	3.3	2.8	3.0
Portlaoise	3.2	3.0	2.8	2.8	2.8	3.1
Sligo	2.0	2.0	2.2	3.0	3.0	3.0
Smithfield	12.9	11.8	11.4	7.7	10.5	10.8
Tallaght	3.8	3.6	3.1	2.8	2.1	2.3
Tralee	4.6	4.0	3.7	3.8	4.0	4.7
Tullamore	2.0	2.0	2.0	2.0	2.0	1.3
Waterford	2.8	2.8	3.0	2.5	2.4	3.0
Wexford	3.5	3.3	3.3	3.0	3.1	3.6
Wicklow	3.4	3.2	2.5	3.4	3.3	3.5

The Legal Aid Board has also provided the following table, which details the number of applications for civil legal aid services received at each of the Board’s law centres during the years 2018, 2019, 2020, 2021, 2022 and 2023 (1 January - 31 August).

As the Deputy may be aware, applicants may apply for legal services to any law centre and are not bound to apply to a law centre in their county of residence. Furthermore, I am informed by the Legal Aid Board that, in a case where two parties to a dispute seek the services of the Board at one law centre, one party will be required to engage with a different law centre, which may be in a neighbouring county.

Table – Number of Applications 2018 – 2023 YTD (1 January – 31 August)

Law Centre	2018	2019	2020	2021	2022	2023
Athlone	538	478	385	318	297	257
Blanchardstown	201	234	205	238	180	113
Castlebar	281	318	265	197	295	205
Cavan	240	259	217	252	225	170
Chancery Street	124	119	133	142	179	129
Clondalkin	227	221	200	190	115	110
Cork Popes Quay	1,061	1,043	784	704	1,469	898
Cork South Mall	750	799	609	603	592	383
Dolphin house	2,266	1,828	1,788	2,457	2,659	1,734
Dundalk	302	304	279	315	405	323
Ennis	381	402	336	368	350	251
Finglas	213	163	142	143	284	177
Galway Francis St	634	619	521	532	556	419
Galway Seville House	475	432	282	281	957	986
Jervis Street	449	353	286	307	268	187
Kilkenny	621	550	528	625	487	320
Letterkenny	544	539	382	371	412	299
Limerick	862	896	713	730	809	569
Longford	390	421	438	415	340	253
Minceir Traveller Legal Support Service	N/A	N/A	N/A	7	28	15
Monaghan	365	351	273	300	245	152
Montague Court	192	202	193	216	237	159
Navan	530	583	454	495	490	355
Nenagh	523	510	405	388	377	289
Newbridge	466	464	395	377	308	223
Portlaoise	533	482	428	362	361	270
Sligo	392	364	272	273	285	166
Smithfield	1,951	2,404	1,267	1,520	5,494	5,611
Tallaght	275	237	198	222	161	124
Tralee	565	562	529	534	531	409
Tullamore	335	323	228	197	236	70
Waterford	468	482	399	382	368	287
Wexford	531	508	424	406	367	262
Wicklow	563	547	425	424	338	284
Total	18,248	17,997	14,383	15,291	20,705	16,459

Funding by my Department for the Legal Aid Board for 2023 amounts to €53.060 million, which is a 10% increase on the organisation’s funding allocation for the previous year. An additional €500, 000 was provided to the Board in June 2023 to support the recruitment of additional staff to ensure the needs of clients seeking services in respect of international protection applications are met. It is clear, therefore, that the government has sanctioned extra resources for the Legal Aid Board, designed to increase its ability to support its clients.

The matter of resource allocation is an operational matter for the Legal Aid Board which is independent in its functions. I can however assure the Deputy that, as part of ongoing governance arrangements, officials in my Department engage regularly with the Board in relation to resourcing matters.

I am informed by the Board that it is not possible to extract and isolate the total cost of civil legal aid in any one office/county in a given year, as it would be necessary to devise a basis on which to attribute, to each county, all expenditure incurred by the Board centrally.

Funding provided to the Legal Aid Board by my Department for the years 2019-2023 is set out in the following table.

Funding by the Department of the Legal Aid Board by Year

Year	Funding Allocated €m
2023	€53,060,000
2022	€47,900,000
2021	€44,575,000
2020	€42,207,000
2019	€40,796,000

Question No. 421 answered with Question No. 420.

Question No. 422 answered with Question No. 420.

Question No. 423 answered with Question No. 420.

Domestic Violence

Questions (424)

Réada Cronin

Question:

424. Deputy Réada Cronin asked the Minister for Justice to outline the supports in Kildare for men who are victims of domestic violence; and if she will make a statement on the matter. [41454/23]

Written answers

Minister for Justice

Under Budget 2023 I secured an extra €9million for funding DSGBV services, a 22% increase. The €9million includes increased funding of just under €7million (€6.88m) for organisations funded by Tusla. In total, Tusla has been allocated approximately €37million for DSGBV services in 2023.

Funding of €5.75m is being provided to maintain and support current DSGBV service provision, which includes a 6% across the board uplift to address service sustainability and cost pressures. Additionally, €1.13m is being provided to support new service developments around domestic violence accommodation.

Separate to the funding of DSGBV services, my Department has allocated €6.09m for other measures to tackle DSGBV, including through awareness raising campaigns.

My Department has allocated a further €5.8m to promote and assist the development of specific support services for victims of crime within the criminal justice system, including victims of domestic crime.

As the Deputy is aware, the Government will establish a statutory agency with a dedicated focus on Domestic Sexual and Gender-Based Violence.

The agency will have a specific mandate to drive the implementation of the Zero Tolerance: Third National Strategy on Domestic, Sexual and Gender-Based Violence across Government, bringing the expertise and focus required to tackle this complex social issue. Pending establishment of the Agency, responsibility for domestic violence services continues to be managed by Tusla.

As this will continue to be the case until services formally transfer to the new DSGBV agency, I have referred the question posed by the Deputy to Tusla for direct reply.

Visa Agreements

Questions (425)

Richard Boyd Barrett

Question:

425. Deputy Richard Boyd Barrett asked the Minister for Justice to outline the rationale for changing the requirements and procedures for visas for those from Bolivia; the reason for the short notice of same; what measures she intends to put in place to facilitate those who had already booked flights and made plans under the old rules; and if she will make a statement on the matter. [41473/23]

Written answers

Minister for Justice

The introduction of a visa requirement for Bolivian nationals has brought Ireland into alignment with the visa requirements applying in the UK and in the Schengen area. Bolivian nationals are required to obtain a visa prior to travelling to these jurisdictions.

Section 17 of the Immigration Act 2004 provides that the Minister for Justice may, for the purposes of ensuring the integrity of the immigration system, the maintenance of national security, public order or public health, or the orderly regulation of the labour market, or for the purposes of reciprocal immigration arrangements with other states or the promotion of tourism, by order, introduce requirements in respect of those who are required to be in possession of a visa for the purposes of entry to the State, or those who do not require a visa for that purpose.

In line with this provision , I introduced a visa requirement on Bolivia with effect from 12 September, 2023. As is the practice in these matters, prior consultation was undertaken with the Department of Foreign Affairs.

For those Bolivian nationals who had made plans to travel to Ireland before the visa requirement came into force on 12 September 2023, arrangements are in place to facilitate certain categories of emergency/priority travel (where that travel has been booked and paid for) and these arrangements are set out on the ISD website in the attached link;

www.irishimmigration.ie/update-for-bolivian-visa-customers/

Irish visa requirements are kept under ongoing review, having regard to the need to ensure that effective immigration controls are in place whilst also facilitating those who wish to travel to Ireland for the purposes of a visit, to work, to study or to join family members.

Court Orders

Questions (426)

Niamh Smyth

Question:

426. Deputy Niamh Smyth asked the Minister for Justice what she and her Department are doing to combat a problem (details supplied); if she is aware of the problem; and if she will make a statement on the matter. [41477/23]

Written answers

Minister for Justice

The legislation on maintenance provides several mechanisms to deal with cases where a person fails to comply with court-ordered maintenance obligations. Section 10 of the Family Law (Maintenance of Spouses and Children) Act 1976 enables an application to be made for a court order that maintenance be paid by way of attachment of earnings, so the maintenance due is deducted directly from income.

The recovery of maintenance may also be sought by utilising the enforcement mechanisms available under section 8 of the Enforcement of Court Orders Act 1940 (as substituted by section 63 of the Civil Law (Miscellaneous Provisions) Act 2011). Under section 9A of the Family Law (Maintenance of Spouses and Children) Act 1976, the District Court has the power to regard a failure by a parent to comply with a court order relating to maintenance as contempt of court and to deal with it accordingly, including by means of imprisonment.

My Department is currently undertaking a review of the enforcement of child maintenance orders as an action in the Family Justice Strategy 2022-2025. The review is examining how the current enforcement process works and areas which may require reform or measures which may require strengthening. The review is at an advanced stage and I expect it to be completed shortly.

Regulatory and Poverty Impact Assessments

Questions (427)

Catherine Connolly

Question:

427. Deputy Catherine Connolly asked the Minister for Justice the number of Bills prepared by her Department in the 33rd Dáil to date; the number and title of those Bills that included a Regulatory Impact Assessment; the title of the RIAs published by her Department; and if she will make a statement on the matter. [41594/23]

Written answers

Minister for Justice

The preparation of Regulatory Impact Assessments (RIA) is an important element of the legislative process and presents an opportunity that my Department takes seriously. Of the 27 Bills prepared and published by my Department since 27 June 2020, 19 RIAs were prepared, 5 of which were published. As the Deputy will be aware, RIAs are not required in relation to all legislation.

The details requested are provided in the table below.

Bill	Regulatory Impact Assessments Conducted?	Publication Status of RIA
Domestic, Sexual and Gender-Based Violence Agency Bill 2023 (No. 67 0f 2023)	Yes	Not published
Criminal Justice (Sexual Offences and Human Trafficking) Bill 2023 (No. 62 of 2023)	Yes	Not published
Criminal Justice (Engagement of Children in Criminal Activity) Bill 2023 (No. 4 of 2023)	Yes	Not published
Court Proceedings (Delays) Bill 2023 (No. 17 of 2023)	Yes	Published
Policing, Security and Community Safety Bill 2023 (No. 3 of 2023)	Yes	Published
Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 (No. 105 of 2022)	Yes	Not published
Garda Síochána (Recording Devices) Bill 2022 (No. 79 of 2022)	Yes	Published
European Arrest Warrant (Amendment) Bill 2022 (No. 30 of 2022)	No - intent to complete and publish RIA with the Bill	N/A
Criminal Justice (Miscellaneous Provisions) Bill 2022 (No. 83 of 2022) (Now the Criminal Justice (Miscellaneous Provisions) Act 2023)	Yes	Not published
Garda Síochána (Amendment) Bill 2022 (No. 62 of 2022) (Now the Garda Síochána (Amendment) Act 2022)	No - exempt	N/A
Sex Offenders (Amendment) Bill 2021 (No. 144 of 2021) (Now the Sex Offenders (Amendment) Act 2022)	Yes	Not published
Communications (Retention of Data) (Amendment) Bill 2022 (No. 72 of 2022) (Now Communications (Retention of Data) (Amendment) Act 2022)	No - due to the urgent nature of the Bill	N/A
Garda Síochána (Functions and Operational Areas) Bill 2021 (No. 109 of 2021) (Now the Garda Síochána (Functions and Operational Areas) Act 2022)	Yes	Published
Criminal Justice (Smuggling of Persons) Bill 2021 (No. 105 of 2021) (Now the Criminal Justice (Smuggling of Persons) Act 2021)	Yes	Not published
Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021 (No. 103 of 2021) (Now the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023	Yes	Not published
Garda Síochána (Compensation) Bill 2021 (No. 50 of 2021) (Now the Garda Síochána (Compensation) Act 2022)	Yes	Not published
Criminal Justice (Amendment) Bill 2021 (No. 25 of 2021) (Now the Criminal Justice (Amendment) Act 2021)	No - due to the urgent nature of the Bill	N/A
Criminal Procedure Bill 2021 (No. 8 of 2021) (Now the Criminal Procedure Act 2021)	Yes	Not published
Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020 (No. 23 of 2020)(Now the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021)	Yes	Not published
Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020 (No. 22 of 2020) (Now the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020)	No - due to the urgent nature of the Bill	N/A
Counterfeiting Bill 2020 (No. 77 of 2020) (Now the Counterfeiting Act 2021 (No. 16 of 2021)	Yes	Not published
Family Courts Bill 2022 (No. 113 of 2022)	No	N/A
The Courts and Civil Law (Miscellaneous Provisions) Bill 2022 Bill (No. 84 of 2022) Now the Courts and Civil Law (Miscellaneous Provisions) Act 2023 (No.18 of 2023)	Partial	Not published
Gambling Regulation Bill 2022 (No.114a of 2022)	Yes	Published
Judicial Appointments Commission Bill 2022 (No. 42 of 2022)	Yes	Not published
Courts Bill 2023 (No. 32 of 2023), enacted as the Courts Act 2023 (No. 12 of 2023)	No - due to the urgent nature of the Bill	N/A
Personal Insolvency (Amendment) Bill 2020	Yes	Not published

An Garda Síochána

Questions (428)

Ivana Bacik

Question:

428. Deputy Ivana Bacik asked the Minister for Justice if she will make a statement on the adequacy of community policing; and if she will make a statement on the matter. [41617/23]

Written answers

Minister for Justice

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes the allocation of Garda resources to specialist units. As Minister I have no role in these matters.

Community policing is at the heart of An Garda Síochána, and all Gardaí have a role to play in community policing in the course of carrying out their duties. Community policing is also fundamental to the new Garda Operating Model which is currently being rolled out in all 21 Divisions, and is fully commenced in seven.

The Garda authorities have advised that a member of An Garda Síochána can be deemed to be a ‘Community Garda’ where that member is allocated to a Community Policing Team (CPT) and is responsible and accountable for applying a problem–solving approach to appropriate crime and policing quality of life issues in a specified geographic area through partnership and engagement.In some rural areas, the existing personnel will form CPTs. They will have dual functions as first responders and community policing members. Additionally, CPTs will be augmented by Community Support Gardaí who will perform frontline duties and will be assigned to a particular Community Policing Area to support dedicated Community Gardaí.Each Division will have a number of CPTs assigned to it, consisting of an Inspector, Sergeant and Community Policing Gardaí. CPTs will prioritise engagement with communities for the delivery of long-term sustainable solutions to community needs.

It is important to note that community safety is not just about the number of Gardaí in communities. Community safety is a whole of Government responsibility and it requires a multi-agency approach.

The Policing, Security and Community Safety Bill will place statutory obligations on Departments and other public service bodies to cooperate with each other to improve community safety. It also establishes national structures to provide strategic direction and ensure that collaboration is working, and establishes Local Community Safety Partnerships (LCSPs), which will replace existing Joint Policing Committees.

There are currently three pilot LCSPs in Dublin’s North Inner City, Waterford, and Longford. The partnerships are made up of:

• community representatives, including residents, youth representatives, members of new and minority communities, local activists, local businesses, and representatives of schools;

• public sector representatives, i.e., local statutory services such as the HSE, Tusla, An Garda Síochána, and the local authority; and

• local councillors.

Each partnership in the pilot has created its own local community safety plan, setting out the key actions to address safety concerns in their respective communities and assigning ownership for these actions.

A final evaluation report of the LCSP pilot is expected by the end of 2023, ahead of their nationwide rollout as part of the implementation of the Policing, Security and Community Safety Bill.

In addition to the development of new Local Community Safety Partnerships, my Department committed to:

• giving An Garda Síochána the tools and technology to fight crime in a digital era by rolling out improved CCTV and body worn cameras;

• investing significant resources into An Garda Síochána to provide for sustained and ongoing recruitment, as well as investment in equipment and capital;

• implementing a range of youth justice interventions.

The Community Safety Innovation Fund, which provides funding to novel initiatives to improve community safety by reinvesting money seized as proceeds of crime, has provided for a new Community Safety Warden scheme for the Wolfe Tone Park area and surrounds of the North Inner City. I have also provided funding to launch a similar initiative on O'Connell Street on weekends.

Courts Service

Questions (429)

Pearse Doherty

Question:

429. Deputy Pearse Doherty asked the Minister for Justice if any plans are in place to deal with the continuing backlog of cases in Donegal courts that are continuing to cause significant delays; and if she will make a statement on the matter. [41648/23]

Written answers

Minister for Justice

As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. Furthermore, the scheduling of individual court cases and the allocation of court business are entirely matters for the Presidents of the Courts and the presiding judges who are, under the Constitution, independent in the exercise of their judicial functions.

It is my priority, as Minister, to ensure that the courts are resourced to administer justice efficiently and effectively. This is central to ensuring there is access to justice. The Government endeavours to fill judicial vacancies at the earliest opportunity.

In order to assist the Deputy, I have made enquiries and am informed by the Courts Service that the latest available waiting times for Donegal Town District Court and Letterkenny District Court are 8 weeks or less for family law and civil hearings. It is important to note that urgent interim domestic violence applications are dealt with immediately i.e., on next sitting day. The Courts Service continue to work both locally and nationally with the Judiciary to seek opportunities to further improve access to Justice.

I can further advise that the final report of 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.

A first tranche of 24 additional judges were approved by Government based on the recommendations of the JPWG report. I am delighted to say as of 26th September, 21 of the 24 additional judges have been appointed. The additional appointments include 8 new District Court judges which were appointed earlier this month leaving no outstanding vacancies at District Court level.