Written Answers Nos. 1127-1151
1127. Deputy Carol Nolan asked the Minister for Justice the details of each value for money and policy review conducted by her Department from 1 January 2019 to date; if external costs were incurred; if so, the details of such costs; and if she will make a statement on the matter. [30886/21]
View answerI wish to advise the Deputy that the Justice Sector has been fully engaged in the Spending Review process since its commencement in 2017 and has produced a number of reviews and contributed to others carried out by the Department of Public Expenditure and Reform.
Since its commencement in 2017, the reviews carried out by my Department relating to the Justice vote include a review Criminal Legal Aid carried out in 2018 and a review in relation to Direct Provision: Overview of Current Accommodation Expenditure in 2019. Links to these reviews are provided as follows:
- Criminal Legal Aid: Overview of current system and potential lessons from an international comparison (Spending Review 2018) - https://assets.gov.ie/7320/b26e8d13fb42468fb66a40aed88fe875.pdf
- Direct Provision: Overview of current accommodation expenditure (Spending Review 2019) - https://assets.gov.ie/25626/c666dab7df0849c59695e19b926b6204.pdf.
No external costs were incurred in respect of these reviews.
1128. Deputy Carol Nolan asked the Minister for Justice the number of Garda vetting applications on which a decision has yet to be made; and if she will make a statement on the matter. [30941/21]
View answerThe Deputy will be aware that vetting applications are an operational matter for An Garda Síochána. Neither I, as Minister, nor my Department have any role in the processing of individual vetting applications.
I am informed by the Garda authorities that there are no backlogs or delays in Garda Vetting at present.
I am advised that the current turnaround time for vetting applications submitted by organisations utilising the e-Vetting system is 3 to 5 working days for over 85% of vetting applications received. As of 4 June 2021, the processing time is 5 working days.
I am informed that occasionally it is necessary for An Garda Síochána to conduct enquiries with external Garda stations and agencies such as the Courts Service, Probation Service, Child and Family Agency, etc. in relation to processing vetting applications. These enquiries are conducted for a multiplicity of reasons such as verification of identity; updating of incomplete records and establishing outcomes of investigations. I am advised that in such instances, processing times are significantly longer than the average.
Individual applicants can track the process of their application online using the eVetting tracking system, details of which are contained in the email received by all applicants when completing their application online. Further details on this facility are also outlined on the An Garda Síochána website, vetting.garda.ie.
I would emphasise to the Deputy that the primary purpose of the employment vetting carried out by the National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults. It is carried out by An Garda Síochána in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016. I am sure that the Deputy will appreciate the importance of this task and the need for it to be carried out thoroughly and correctly.
As the Deputy may be aware, Minister McEntee recently announced the establishment of an inter-departmental group to undertake a review of Garda vetting arrangements and legislation. The group will examine the consideration of a range of issues and will make recommendations for amending legislation and strengthening the Garda vetting process.
The group will also review the approach to the connected issue of vetting for specific employments. This will include consideration of moving to a system in which a person is vetted for the work they will be, or are likely to be, engaged in in that employment within categories of identified risk and taking into account likely additional responsibilities within the same employment role. This will avoid the need for additional vetting during the same 36 month period if individuals are largely carrying out the same role. Redeployment on promotion or to a substantially different job would continue to require re-vetting.
In both employment and volunteering situations, provision would also be made for vetting certificates to be withdrawn before the expiry of the 36 months if deemed necessary, i.e. in situations where new information comes to light that points to a substantive and immediate risk to children or vulnerable adults.
The group comprises representatives of the Department of Justice, Department of Health, Department of Children, Equality, Disability, Integration & Youth, Department of the Taoiseach, Department of Public Expenditure and Reform, An Garda Síochána, the Health Service Executive and the Public Appointments Service. As part of the work of the group, a public consultation process will be undertaken.
1131. Deputy Róisín Shortall asked the Minister for Justice when the processing of short stay C visas will recommence; and if she will make a statement on the matter. [30990/21]
View answerGovernment advice is that everyone, regardless of their nationality or visa/preclearance status, or where they started from, who cannot provide proof of an essential purpose to travel to, should not travel to Ireland. To support that position, my Department is not currently accepting any short stay visa applications, except for cases that fall under the Emergency/Priority criteria set out below. The suspension of short stay applications will continue to be reviewed in consultation with the relevant authorities in the coming weeks. My Department intends to resume accepting applications as soon as safety concerns abate.
The Priority/Emergency cases that continue to be accepted and processed at this time include the following:
- All long stay employment applications, supported by an employment permit or Atypical permission;
- Patients travelling for imperative medical reasons;
- Transport workers or transport service providers, including drivers of freight vehicles carrying goods for use in the territory as well as those merely transiting;
- Pupils, students and trainees who travel abroad on a daily basis and Third-country nationals travelling for the purpose of 3rd level study;
- Join Family applications;
- Preclearance applications from De Facto Partner of an Irish National, De Facto Partner of a Critical Skills Employment Permit Holder, or of a non EEA Researcher on a Hosting Agreement and Family members looking to join a UK National in Ireland;
- Persons travelling for imperative family or business reasons;
- Persons entitled to avail of the provision of the EU Free Movement Directive;
- Diplomats, staff of international organisations and people invited by international organisations whose physical presence is required for the well-functioning of these organisations, military personnel and police officers, and humanitarian aid workers and civil protection personnel in the exercise of their functions;
- Passengers in transit;
- Seafarers;
- Journalists, when performing their duties.
Applicants seeking to travel for imperative family reasons are assessed on an individual basis and are largely confined to emergency cases that may arise in a family situation. Applications will be determined by examining the circumstances and supporting documentation of each individual case.
If a person is seeking to make a short stay visa application and believes that their application falls into one of the Emergency/Priority categories, they can apply on-line in the usual way. Before proceeding with their on-line application, they should check with their local Irish Embassy/Honorary Consulate/Visa Office to confirm that their application meets the Priority/Emergency criteria. Once the on-line application is complete, they should follow the instructions given on the summary page as to where they should submit their application.
These measures are designed to support our public health restrictions on movement, including into and out of Ireland. All travellers arriving into Ireland must continue to comply fully with the public health measures required by law. These include completing a COVID-19 Passenger Locator Form, pre-arrival PCR test and quarantine in a designated facility or at home, as required.
1132. Deputy Duncan Smith asked the Minister for Justice the up-to-date position with the proposed community based CCTV systems nationwide; if the GDPR issues have been addressed; if she will be announcing a new scheme; if not, if the current scheme will be readvertised; and if she will make a statement on the matter. [30993/21]
View answerThe rollout of community CCTV schemes across the country has benefitted many local communities, helping people to feel safer in their neighbourhoods. It is a priority for me as Minister to ensure that community groups continue to be supported in their local CCTV schemes whilst ensuring sufficient, proportionate oversight of data protection statutory considerations.
The Deputy will be aware that community-based CCTV is governed by Section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI 289 of 2006). This legal framework requires that any proposed community CCTV scheme must:
- be approved by the local Joint Policing Committee,
- have the prior support of the relevant Local Authority, which must also act as data controller, and
- have the authorisation of the Garda Commissioner.
This is the legal basis for all community CCTV schemes, regardless of how they are funded. These key legal requirements have not changed since 2006. The option to establish a Community CCTV scheme is available to groups that meet these legal requirements, anywhere in the country.
Following approval by Government, my Department recently published the General Scheme of the Garda Síochána (Digital Recording) Bill. The Bill will enable the Department to address the important data controller concerns raised by the Data Protection Commissioner, among other matters, providing for a requirement to review authorisations after a set time period and a requirement for joint data control agreements to be in place. The Bill will also provide a comprehensive statutory underpinning for the use of digital recording equipment by An Garda Síochána, which will include CCTV authorised in local communities by the Garda Commissioner. When enacted, this legislation will replace section 38 of the Garda Síochána Act 2005.
Since 2017, my Department has administered a grant aid scheme supporting groups wishing to establish a community-based CCTV system in their area. Eligible groups, including community groups and local authorities nationwide, can apply for grant aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum total of €40,000. I can confirm that funding continues to be available for 2021.
Last year the grant aid scheme was extended to cover not only new CCTV systems but also to allow funding applications for extension or upgrade of existing community CCTV systems which are incomplete or obsolete. Applicants can now also seek a once-off grant of up to €5,000 for minor maintenance costs.
Grant funding can be considered only for CCTV systems which meet the legal requirements. In other words CCTV systems which have been approved by the relevant Joint Policing Committee, the relevant local authority (also acting as data controller) and which have received the authorisation of the Garda Commissioner.
If the Deputy is aware of groups wishing to avail of the grant aid scheme, further details are available to download from the Department of Justice website - www.justice.ie - and support and guidance is available to help interested groups through a dedicated email address, fundsadmin-comm-based-cctv@justice.ie.
1133. Deputy Duncan Smith asked the Minister for Justice if grant funding is available for a community wishing to install CCTV community-based schemes; and if she will make a statement on the matter. [30994/21]
View answerAs the Deputy will be aware, community-based CCTV is governed by section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI 289 of 2006). This legal framework requires that any proposed community CCTV scheme must -
- be approved by the local joint policing committee,
- have the prior support of the relevant local authority, which must also act as data controller, and
- have the authorisation of the Garda Commissioner.
This is the legal basis for all community CCTV schemes, regardless of how they are funded. These key legal requirements have not changed since 2006. The option to establish a community CCTV scheme is available to groups that meet these legal requirements, anywhere in the country. Decisions in relation to the introduction or extension of Garda CCTV systems are operational matters for the Garda Commissioner. As Minister for Justice, I have no direct role in these matters.
The Deputy may be interested to note that following approval by Government, my Department recently published the General Scheme of the Garda Síochána (Digital Recording) Bill. The Bill will provide a comprehensive statutory underpinning for the use of digital recording equipment by An Garda Síochána, which will include CCTV authorised in local communities by the Garda Commissioner. When enacted, this legislation will replace section 38 of the Garda Síochána Act 2005.
Since 2017 the Department of Justice has administered a grant aid scheme supporting groups wishing to establish a community-based CCTV system in their area. Eligible groups, including community groups and local authorities nationwide, can apply for grant aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum total of €40,000. I can confirm that funding continues to be available for 2021.
Last year the grant aid scheme was extended to cover not only new CCTV systems but also to allow funding applications for extension or upgrade of existing Community CCTV systems which are incomplete or obsolete. Applicants can now also seek a once-off grant of up to €5,000 for minor maintenance costs.
However in all cases, grant funding can be considered only for CCTV systems which meet the legal requirements, in other words CCTV systems which have been approved by the relevant joint policing committee, the relevant local authority (also acting as data controller) and which have received the authorisation of the Garda Commissioner.
For any groups wishing to avail of the grant aid scheme, further details are available to download from the Department of Justice website - www.justice.ie - and support and guidance is available to help interested groups through a dedicated email address, fundsadmin-comm-based-cctv@justice.ie.
1134. Deputy Michael Healy-Rae asked the Minister for Justice the status of an application for citizenship by a person (details supplied); and if she will make a statement on the matter. [31125/21]
View answerMy Department has no record of having received an application for citizenship from the person referred to by the Deputy. The person concerned submitted an application for a residence card as a family member of an EU citizen on 4 October 2016. This application was examined in detail and a decision was made to refuse their application on 4 July 2017.
A review of this decision to refuse permission was received by my Department on 3 November 2017. However, the person failed to present appropriate evidence to demonstrate that they are dependent on the EU citizen in the State. Therefore, a decision was made to uphold the initial refusal decision on 14 April 2021.
A new application for a residence card as a family member of an EU citizen was submitted on 31 May 2021. Processing of this application is ongoing at present.
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 (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 Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
1135. Deputy Mick Barry asked the Minister for Justice the number of non-EEA migrant fishers that are currently enrolled in the atypical work permit scheme; the number of renewals of atypical work permits that have been applied for in the past 12 months; the number of fishing vessels that have non-EEA migrants employed under the scheme; the number of fishing vessel owners that currently have non-EEA migrants in their employment as part of the atypical work permit scheme; and if she will make a statement on the matter. [31184/21]
View answerThe Atypical Working Scheme was established as a cross Departmental response to address the matter of non-EEA workers on certain categories of vessels in the Irish fishing fleet, who are not currently eligible for permission under the Department of Enterprise, Trade and Employment (DETE) employment permit system. The Scheme provided, for the first time, a framework for the employment of non-EEA workers within defined segments of the Irish fishing fleet.
The Scheme was welcomed as a solution to the risk of exploitation and to guarantee employment rights and protections to non-EEA fishers availing of the Scheme.
The Scheme commenced in February 2016 and was initially only open to Non-EEA crew members who were already working in the Fishing Industry in Ireland. From July of that year, all non-EEA workers intending to work in the fishing industry were required to obtain an Atypical Worker Permission (Stamp 1 conditions) from my Department and a Visa clearance, if applicable, prior to entering the State.
The Scheme for SeaFishers also provides for the annual renewal of the permission granted and permits the employee to transfer employment within the sector. However, the permission granted is not transferrable to any other employment sector within the State.
The table below sets out the information requested by the Deputy.
|
Numbers |
- |
|
The number of non-EEA migrant fishers that are currently enrolled in the atypical work permit scheme |
There are 227 valid permissions granted under the Scheme at present. This number represents all positive decision letters issued under the Scheme since late December 2019. |
|
The number of renewals of atypical work permits that have been applied for in the past 12 months |
A total of 133 applications for renewal of permission have been received in the last 12 months. |
|
The number of fishing vessels that have non-EEA migrants employed under the scheme |
93 vessels have crew members that were recruited as part of the scheme. This represent less than 55% of the total vessels eligible to participate in the scheme. |
|
The number of fishing vessel owners that currently have non-EEA migrants in their employment as part of the atypical work permit scheme |
68 Vessel owners have recruited crew members by making an application to the scheme. Where a vessel or group of vessels are owned by a number of individuals in partnership they have been recorded as a single vessel owner. |
All crew members that have held a valid immigration permission since 20 March 2020, are eligible for the automatic extensions to immigration permission announced on seven occasions during the pandemic to ensure continuation of immigration permission. The most recent extension is to 20 September 2021. These automatic extension of permissions may have impacted on the number of renewal applications made in the last 12 months.
The 2015 Report of the cross Departmental Task Force states that a maximum of 500 permissions can be active at any one time. This cap has never been reached since the Scheme commenced.
The scheme is monitored by an Oversight Committee chaired by the Department of Agriculture, Food and the Marine. Any abuses or otherwise of the employment conditions in the Irish fishing industry are a matter for the Workplace Relations Commission, the Marine Survey Office, and other appropriate authorities of the State.
1136. Deputy Michael Healy-Rae asked the Minister for Justice the status of an application by a person (details supplied); and if she will make a statement on the matter. [31198/21]
View answerThe person referred to by the Deputy has instituted Judicial Review proceedings. These Judicial Review proceedings are ongoing at present and therefore, as the matter is sub judice, it would not be appropriate for me to comment further at this time.
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 (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 Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
1137. Deputy Catherine Connolly asked the Minister for Justice the number of recommendations made under section 21(3) of the International Protection Act 2015 to date in 2021; and if she will make a statement on the matter. [31242/21]
View answerTwo recommendations were made under section 21(3) of the International Protection Act 2015 between January and the end May 2021.
These applications for international protection were deemed inadmissible under section 21(2)(a) of the International Protection Act 2015, as another EU Member State had already granted refugee status or subsidiary protection status to the person. This precludes them from making an application for international protection in the State.
1138. Deputy Catherine Connolly asked the Minister for Justice the number of return orders issued under section 51A of the International Protection Act 2015 (as amended) in total and individually to the United Kingdom; and if she will make a statement on the matter. [31243/21]
View answerI can confirm that no Return Orders have been issued to date in 2021, under the relevant Section of the International Protection Act 2015 (as amended).
The 2015 Act was amended by Part 18 of the Brexit Omnibus Act 2020, and the relevant provisions came into effect from 1 January 2021. This means that the amendments do not apply to people whose applications were deemed inadmissible in 2020 or earlier.
The relevant amendments mean that a Return Order can be made for people whose applications for international protection are determined to be inadmissible. An application can be considered as inadmissible if the person arrived in the State from a safe third country (such as the UK), and if, among other matters, the person has a sufficient connection with the country concerned. The matters to be considered are set out in the amendment to section 21 of the 2015 Act, which is outlined in Part 18 of the Brexit Omnibus Act.
An application may also be deemed inadmissible if for example the applicant has protection status in another EU Member State, and a Return Order would also apply to such cases once determined as inadmissible.
A person to whom an inadmissible notification is sent may appeal the recommendation to the International Protection Appeals Tribunal (IPAT). A final determination will issue if the appeal is subsequently unsuccessful, allowing for a Return Order to issue in such a case.
1139. Deputy Cian O'Callaghan asked the Minister for Justice the office in her Department that can be contacted by a person who is experiencing delays in the security clearance element of their application to join the Irish Prison Service; and if she will make a statement on the matter. [31257/21]
View answerAs the Deputy will understand, prior to making an appointment to the position of recruit prison officer, the Irish Prison Service is obliged to make such inquires as are deemed necessary to determine the suitability of candidates.
I wish to inform the Deputy that given the nature of the functions of the Irish Prison Service, checks secondary to and in addition to vetting are required to be carried out. While these checks can take some time to be completed for a variety of reasons depending on the individual case, every effort is made to ensure there is no undue delay. I am informed however, that in general terms, the Security Clearance process can take up to 12 months.
I am advised that applicants awaiting security clearance can contact the Irish Prison Service at the email address ipsrecruitment@irishprisons.ie, in order to obtain the current status of their application.
1140. Deputy Martin Browne asked the Minister for Justice the number of arrests, prosecutions and convictions for the theft of catalytic converters or for handling stolen catalytic converters that have taken place in 2020 and to date in 2021; the breakdown of these figures if possible by count and the details of the rising number of thefts of these items. [31260/21]
View answerI am very conscious of the impact of this form of theft from car owners, and in particular from individuals who own specific types of hybrid vehicles. I understand that the current interest in catalytic converter theft may be directly associated with the current high price of palladium available on the market.
The Criminal Justice (Theft and Fraud Offences) Act 2001 provides for offences of theft, the handling of stolen property and the possession of stolen property. The offence of theft provided for by this legislation, based on the broad nature of the offence, includes the theft of scrap metal and catalytic converters. A maximum sentence of 10 years in prison is provided for in the case of convictions for offences of theft and handling of stolen property; while a maximum sentence of 5 years in prison is provided for convictions for the offence of possession of stolen property.
I am informed by the Garda authorities that a search of the PULSE database was conducted on the 8 June 2021 to identify any charges or summons created nationwide since 1 January 2020 for offences contrary to Criminal Justice (Theft and Fraud Offences) Act 2001 and whereby catalytic convertors are cited in the charge or summons details.
I am further informed by Garda authorities that given the low number it is not possible to provide a breakdown by Division.
The count of unique charges or summons created each year (combined) is as follows:
|
Year |
2020 |
2021* |
|
Charge/Summons Total |
45 |
23 |
*2021 count to 08/06/2020 at 01:00.
As the Deputy will appreciate, incident data is based upon operational data from the PULSE system as was available on 08/06/2021 and is liable to change. Incidents include theft and handling of stolen property. It is important to note that not all such incidents will result in an arrest; charges/summonses are reported to show proceedings.
I have further consulted with the Courts Service, who have informed me that it is not possible to collate the data as requested as there is no unique offence code for 'theft of catalytic converters'.
1141. Deputy Holly Cairns asked the Minister for Justice the way in which her Department and agencies under her remit are meeting the requirement to have a statement on the compliance of their websites and mobile applications with the regulations under the directive 2016/2102 (EU), as articulated in SI No. 358/2020 - European Union (Accessibility of Websites and Mobile Applications of Public Sector Bodies) Regulations 2020; and if she will make a statement on the matter. [31287/21]
View answer1142. Deputy Holly Cairns asked the Minister for Justice the way in which her Department and agencies under her remit are meeting the requirement to subject to Regulation 6, public sector bodies shall, in accordance with Regulation 3, take necessary measures to make their websites and mobile applications more accessible by making them perceivable, operable, understandable and robust under the directive 2016/2102 (EU), as articulated in SI No. 358/2020 - European Union (Accessibility of Websites and Mobile Applications of Public Sector Bodies) Regulations 2020; and if she will make a statement on the matter. [31305/21]
View answerI propose to take Questions Nos. 1141 and 1142 together.
My Department and the agencies under the remit of my Department are committed to meeting requirements under EU Directive 2016/2102 (the “Directive”), as articulated in S.I. No. 358/2020 - European Union (Accessibility of Websites and Mobile Applications of Public Sector Bodies) Regulations 2020.
My officials, both in my Department and across agencies under its remit, work hard to ensure that accessibility is included in the design and build of our websites and systems by default. Further information about how my Department and agencies are working to meet the requirements set out under the Directive are provided in the following sections for consideration by the Deputy.
Department of Justice
- Officials in the Information Management and Technology (IM&T) function of my Department perform evaluations against the Web Content Accessibility Guidelines standard during the code and build process of websites and systems within my remit.
- My Department's website, currently at www.justice.ie, will move to www.gov.ie in the coming weeks. Further compliance checks will be included as part of this process.
- My officials in IM&T are also currently preparing to migrate a number of legacy websites to more modern website platforms, and a key part of this process will be to ensure compliance the directive as articulated in SI No. 358/2020.
- Finally, the Deputy may wish to note that officials in the IM&T function also manage the websites of a number of offices and agencies under the remit of my Department, including the International Protection Appeals Tribunal, Criminal Assets Bureau, Garda Síochána Inspectorate, Legal Service Regulatory Authority, Property Services Regulatory Authority, Irish Film Classification Office, Private Security Authority, Office of the State Pathologist, Probation and Insolvency Service Ireland.
An Garda Síochána
- An Garda Síochána is committed to achieving compliance with the Directive and with the harmonised European standard, EN 301 549 (Accessibility requirements for ICT products and services) which replicates the more commonly known Web Content Accessibility Guidelines (WCAG 2.1).
- Accordingly, I am informed that An Garda Síochána has made a number of amendments to its website to ensure compliance, including:
- Updating the Accessibility Statement to reflect its level of compliance and to provide information on how to provide feedback on the website;
- Inclusion of an accessibility assistive toolbar solution (Recite Me) on the website, which allows website users to customise their experience on the site to suit their needs. Recite Me provides a variety of features to enable accessibility including text to speech functionality, customisable display and styling features, reading aids and a translation tool with over 100 languages, including 35 text to speech voices. Furthermore it provides users with greater accessibility via a PDF Reader solution which falls in with the requirements of the EU Directive mentioned above.
- The Garda website has also been updated to comply with the use of cookies in line with the GDPR requirements.
- The Cookie Policy page has been updated with more information on how it uses cookies. A combination of temporary and permanent cookies is used to collect standard internet log information and details of user patterns.
Courts Service
- As the Deputy may be aware, the Courts Service website was redesigned and a new website launched in Summer 2020. The new Courts Service website has been designed based on user needs, including extensive end user engagement, and in line with the principles of universal design.
- During the website redesign process, the Courts Service worked closely with the website vendor to ensure that the obligations in regards to making the website perceivable, operable, understandable and robust under the directive 2016/2102 (EU), as articulated in SI No. 358/2020, were met.
- Acknowledging that service accessibility is an ongoing process, the Courts Service continues to make changes to its website to improve accessibility and is committed to continuing these efforts.
- The current Courts Service website sets out its commitment to accessibility and includes a statement on accessibility of its services including the website.
- This statement sets out its recognition of the importance of ensuring that the site is accessible to everyone and its commitment to achieving a minimum of conformance level Double-A with the Web Accessibility Initiative (WAI) Web Content Accessibility Guidelines and complying with the National Disability Authority IT Accessibility Guidelines.
- Finally, I understand that a specified statement of compliance as set out in SI No. 358/2020 - European Union (Accessibility of Websites and Mobile Applications of Public Sector Bodies) Regulations 2020, will be included on the website in the near future.
Data Protection Commission
- I am informed that the Data Protection Commission (DPC) continually reviews service delivery to ensure that it is accessible to all stakeholders.
- Prior to any changes to the DPC website, full consideration is given to the impact any such changes will have on the existing accessibility of the website, access to services via the web forms and/or information provided by the Commission.
- The DPC website is operable on PCs and through mobile. Where possible, DPC publications are made available in plain English and are presented in an easily readable format to ensure that information presented is understandable to readers. The website is clearly labelled and has an effective search function.
- I am informed that assistive tech such as screen readers are compatible with the current DPC website and should remain compatible and accessible in the foreseeable future.
- The website also directs users to the DPC Access Officer, who is in place to provide assistance as required to those seeking to avail of the services provided.
- I understand that the DPC is aware of the new SI, and the DPC Access Officer is currently reviewing the website for compliance. Once the review has been completed, the relevant statement will be published on its website.
Garda Síochána Ombudsman Commission:
- The Garda Síochána Ombudsman Commission (GSOC) is committed to making its website accessible in accordance with the POUR principles outlined in SI No. 358/2020 - European Union (Accessibility of Websites and Mobile Applications of Public Sector Bodies) Regulations 2020, and is working towards compliance with these Principles.
- GSOC remains committed to an enhancement of its electronic and online systems to ensure that its services are accessible and easy to use for anyone wishing to make a complaint or engage with GSOC.
- GSOC is currently upgrading the content on its website and its accessibility statement to better align with the POUR principles.
- Currently, GSOC can provide material in an accessible format when requested and has an appointed an Access Officer to manage requests and assist customers in accessing services. Wherever possible, GSOC aims to produce its written documentation in Plain English and easy to read formats. It also provides facilities for customers to interact in the language of their choice, including Irish Sign Language, and provides interpreters where necessary.
- GSOC can provide translation, interpreting or other services required to help effective communication about the complaints process, and to enable GSOC to fully engage with its complainants at all stages throughout the complaints process.
Insolvency Service of Ireland
- As the Deputy may be aware, the Insolvency Service of Ireland operates two websites.
- The main www.isi.gov.ie site was developed and is maintained by my Department’s IM&T Division.
- The ISI’s Backontrack.ie website is a debtor facing website used as part of the information campaigns run by the Insolvency Service. The Insolvency Service has begun a process to revamp this website in order to make it more accessible and user-friendly and will be working with its service provider to ensure that appropriate accessibility features and tools are incorporated as part of that project. Once the website is fully compliant an accessibility statement will be published.
Irish Prison Service
- As the Deputy may be aware, the Irish Prison Service interacts with the public using its custom built website www.irishprisons.ie.
- The Service interacts with the public through the use of its website for informational purposes and for arranging interaction between prisoners with their families and legal counsel through visits and video conference services.
- The Irish Prison Service website has been designed in such way that it is compatible and tested with multiple operating systems and internet browsers for use on laptops, tablets, smart devices and mobiles. The website is updated by Irish Prison Service staff, using editing software to publish updated content immediately as required.
- The language used on its site is direct and easy to understand and its visits portal gives simple and direct instructions. Where required it provides instructional video for visits and more recently video link visits, as a result of the pandemic.
- I understand that a number of features of the Irish Prison Service website have been implemented through accessibility protocols in line with Web Content Accessibility Guidelines (WCAG) which include, font size legibility options, screen reader text availability, image and video descriptions, keyboard navigations shortcuts and tab navigation for the main sections of the website.
Judicial Council
- I understand that the Judicial Council is in the process of developing its website. I am informed that the Judicial Council website does however meet the requirements of perceivable, operable, understandable and robust under the directive 2016/2102 (EU), as articulated in SI No. 358/2020 - European Union (Accessibility of Websites and Mobile Applications of Public Sector Bodies) Regulations 2020.
- In meeting the governance provision, the Council will in due course prepare an accessibility statement for publication on its website.
- In relation to the mobile applications provision in Paragraph 3 (1) (c) of the S.I., I am informed that the Council does not have a mobile application.
Legal Aid Board
- I am informed that the Legal Aid Board's website currently has Level AA conformance to the Web Content Accessibility Guidelines (WCAG) 2.0.
- I am further informed by my officials that, in re-developing its Online Legal Aid Application system in 2020, the Legal Aid Board followed the EU Directive on the Accessibility of Public Sector Websites and Mobile Applications.
Policing Authority
- The Policing Authority is committed to achieving a conformance level of Triple-A on its website in line with Web Content Accessibility Guidelines developed by the Web Accessibility Initiative (WAI) and complying with the Irish National IT Accessibility Guidelines and EU Directive 2016/2102.
- The Policing Authority undertook a full website redesign in 2018 which included a review of content and accessibility in line with public sector obligations and European directives.
- The new website which was launched in 2019 is accessible, perceivable, operable, understandable and robust, and is accessible to the WCAG 2.0 AA standard by default and complies with W3C standards of best practice. The website has been reviewed since the launch, and consideration is given to accessibility when considering new content and design features.
- An accessibility statement on the compliance of the website has been published and is due for review in 2021.
1143. Deputy Holly Cairns asked the Minister for Justice the offences relating to online abuse and harassment which are currently legislated for; the offences she plans to legislate for; her engagement with support organisations on these issues; and if she will make a statement on the matter. [31330/21]
View answerThe Deputy may be aware that 'Coco's Law', also referred to as the Harassment, Harmful Communications and Related Offences Act, entered into force on 10 February 2021. It creates two new offences of sending, or threatening to send, intimate images without the consent of the person whose image it is.
The first offence deals with the taking, distribution, publication or threat to distribute intimate images without consent, and with intent to cause harm to the victim and carries a maximum penalty of an unlimited fine and/or seven years’ imprisonment.
The second offence deals with the taking, distribution or publication of intimate images without consent without a requirement that the person intended to cause harm to the victim and carries a maximum penalty of a €5,000 fine and/or 12 months’ imprisonment.
The penalties are high to reflect the level of harm caused to the victim and the legislation rightly provides that it will be irrelevant that a person may have consented to the taking of an image if it is subsequently published or distributed without their consent.
The Act also updates the existing harassment legislation by broadening the scope of the offence of harassment to cover all forms of persistent communications about a person and has increased the penalty from seven to 10 years to reflect the harm that can be caused by the most serious forms of harassment.
The new legislation is intentionally silent about the types of technology that may be used to commit the offences so as to cover all forms of online and offline communications that cause harm to a victim.
Under Dáil standing orders, a post-enactment report reviewing the functioning of the new legislation will be carried out after one year. A Committee Stage amendment was also accepted in the Dáil which requires a review to be carried out within three years of the passing of the legislation (Section 12 of the 2020 Act).
When signing the commencement order for “Coco’s Law” it was announced that an agreement had been reached between my Department, the National Anti-Bullying Research and Resource Centre at DCU, and the Department of Education to establish a ‘Research Observatory on Cyberbullying’ focused on providing up-to-date research, advice and resources related to cyberbullying, cyberhate, and online harassment, and the implementation of Coco’s Law. Funding for the Observatory is being provided by the Department of Justice in memory of Nicole (Coco) Fox.
Funding was also announced for Webwise to update their popular ‘Lockers’ programme, which is an important Junior Cycle resource to include information about Coco’s Law and non-consensual sharing of intimate images.
My Department is currently developing a wider awareness campaign on Coco’s Law and the penalties applicable if someone is convicted of sharing intimate images without consent, and to draw attention to the harm caused to the victim whose intimate image is shared. We intend to communicate our message in a way that will build on our existing ‘No Excuses’ campaign and its key message of not excusing any form of sexual harassment or sexual violence.
It may be of interest to the Deputy to know that in addition to Coco's Law, separate legislation to include provision for an online safety commissioner has been proposed by the Department of Communications, Climate Action and the Environment, which published the General Scheme of the Online Safety Media Regulation Bill earlier this year.
The General Scheme of the Online Safety and Media Regulation Bill contains provisions empowering the proposed Online Safety Commissioner to make online safety codes; assess the compliance of online services with those safety codes; direct online services to make changes to their systems, processes and policies and design and seek to apply financial sanctions to services who fail to comply.
The Deputy may also wish to be aware that Justice Plan 2021 commits to introducing new legislation to deal with hate crime and incitement to hatred, by the end of this year. This commitment gives effect to the Programme for Government commitment to introduce legislation to address those who target victims because of their association with a particular identity characteristic, and to revise and update the Incitement to Hatred Act.
Furthermore, the Government recently approved the General Scheme of the Criminal Justice (Hate Crime) Bill 2021.
The General Scheme was drafted following the publication of the results of a widespread consultation process, which included in-depth consultations with various civil society and community groups, academics and experts and a detailed comparative study of approaches to hate crime in 5 other jurisdictions. The report on that consultation is available at: http://www.justice.ie/en/JELR/Pages/Legislating_for_Hate_Speech_and_Hate_Crime_in_Ireland_Report
Although incitement to hatred is already an offence, experience has shown that it is difficult to prosecute and there have been very few convictions since the introduction of the 1989 Prohibition of Incitement to Hatred .
The Bill will create new, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic. It also proposes new offences of incitement to hatred, which are clearer and simpler than those in the 1989 Prohibition of Incitement to Hatred Act. These offences cover inciting hatred against a person or persons because they are associated with a protected characteristic, and also disseminating or distributing material inciting hatred.
1144. Deputy Holly Cairns asked the Minister for Justice the number of gardaí in each Garda station in the Cork west division; and the number of gardaí in the same divisions. [31332/21]
View answerThe Deputy will be aware that the Garda Commissioner is responsible by law for the management and administration of An Garda Síochána. The Commissioner is also responsible for the allocation and efficient use of Garda resources including the deployment of personnel. As Minister, I have no direct role in those matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.
For the Deputy's information, a breakdown of the number of Gardaí by rank attached to each station in the Cork West Division, as of the 30 April, is appended to this answer.
Detailed information in relation to Garda numbers is available on the Department of Justice website. This information is updated every month with the latest data provided by An Garda Síochána at the following link:
http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures
1145. Deputy Pearse Doherty asked the Minister for Justice the process by which a sporting organisation can apply for a licence to enable it to fundraise in all counties by means of an online raffle; and if she will make a statement on the matter. [31345/21]
View answerThe process whereby a charitable or philanthropic organisation can apply to the District Court for a lottery licence is set out in the new Section 28 of the Gaming and Lotteries Act 1956, as inserted by the Gaming and Lotteries (Amendment) Act 2019.
Applications for lottery licences should be made to the District Court of the district in which it is proposed to promote the lottery, authorising the person to conduct periodical lotteries in accordance with the provisions of the Act. The application should be made not less than 60 days before the first day on which it is intended to promote the lottery. The current fee payable on application to a District Court for a Lottery Licence is €150.
The District Court to which the application is made, may seek further information from the applicant including in relation to the proposed conduct of the lottery, the premises where the lottery is promoted from and the availability of prizes. The promotion of the lottery must comply with all of the conditions set out in Section 28 of the Act.
Matters relating to the issuance of lottery licences by the District Court, including application forms under Section 28, are set out in revised Order 66 of the Rules of the District Court, SI No. 63/2021 (District Court (Gaming and Lotteries) Rules 2021).
The Act does not prescribe the method or location of ticket sales for the lottery.
1146. Deputy Catherine Murphy asked the Minister for Justice further to Parliamentary Question Nos. 215 and 224 of 26 May 2021, if she will request the Irish Prison Authority to refer a person (details supplied) to the chief medical officer in order to progress their request to be reassigned to non-prisoner facing work duties in view of the fact that the person has engaged extensively and cooperated with the Irish Prison Service. [31425/21]
View answerI am advised by the Director General of the Irish Prison Service that a referral has been made to the Office of the Civil Service Chief Medical Officer for the person referred to by the Deputy and an appointment date is awaited.
1147. Deputy Jackie Cahill asked the Minister for Justice if public sector employees are being transferred as staff members to An Garda Síochána without agreement; if they will be transferred without the same employment terms and conditions that they had in the public sector; if they will be balloted to determine if they accept or approve of this staff transfer; and if she will make a statement on the matter. [31461/21]
View answerAs the Deputy will be aware, in April of this year the Government approved the drafting of the Policing, Security and Community Safety Bill, a commitment in the Programme for Government. This General Scheme was developed on the basis of the recommendations of the Commission on the Future of Policing in Ireland (CoFPI) following its fundamental in-depth review in 2017-2018.
A central tenet of the CoFPI report is that An Garda Síochána should be seen and treated as a single organisation with a single workforce. To support this CoFPI recommended that non-sworn members (i.e. Garda staff) should be recruited directly to An Garda Síochána, not to the general civil service, and should be treated as valued members of a single Garda workforce with a shared mission.
The General Scheme gives effect to this recommendation by providing for the Garda Commissioner to recruit and appoint Garda staff in accordance with the Public Service Management (Recruitment and Appointments) Act 2004. Under the Scheme, the Minister may also designate by order that existing civil servants within An Garda Síochána will change status, but only after engagement with trade unions and staff associations.
It is important to emphasise that no changes to the status of existing Garda staff will take place solely as a result of the enactment of the proposed legislation. An order of the Minister will be required before any designation changing the civil servant status of existing Garda staff may be made. The Minister must engage with any trade union or staff association concerned and consider any representations made by them. The General Scheme provides further reassurances with regard to the terms and conditions of existing Garda staff prior to any agreement being reached with relevant unions or associations.
I understand that officials from my Department have been in contact with the relevant representative associations to brief them on the legislation and remains available to engage further with them.
1148. Deputy Catherine Murphy asked the Minister for Justice the amounts paid by the Legal Aid Board to personal insolvency practitioners, solicitors and barristers under the Personal Insolvency Arrangement Review Legal Aid Service since its inception to date in 2021; the details of these payments; the companies and persons that received same; the amount received by each company and person; the amounts that have been incurred but are unpaid by the Legal Aid Board to personal insolvency practitioners, solicitors and barristers under the PIA Review Legal Aid Service since its inception to date in 2021; the details of these liabilities; the companies and persons to which they are owed and or outstanding and which are subject to objection and or challenge; and if she will make a statement on the matter. [31462/21]
View answerThe 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 relevant criteria and provisions of the Civil Legal Aid Act 1995.
This includes the Board’s provision of key supports under the Abhaile Scheme as the National Mortgage Arrears Resolution Service. The Programme for Government commits to continuing to fund Abhaile, and to introducing the necessary reforms to our personal insolvency legislation to ensure that sufficient supports are in place for mortgage holders with repayment difficulties. This also reflects the Government’s ongoing prioritisation of more vulnerable citizens during the COVID-19 pandemic and for the period of national recovery which will follow.
An important component of Abhaile relates to the provision of legal aid for proceedings under section 115A of the Personal Insolvency Act 2012 (as amended). This legislation provides for a process where a proposal for personal insolvency arrangement can be implemented by a court even if rejected by creditors at a creditors meeting.
The legal aid available includes the services of a solicitor from the Legal Aid Board’s Abhaile Solicitors Panel and payment to the personal insolvency practitioner with respect to the expenses they incur in making the section 115A application. Prior to 1 March 2019 the services of Junior Counsel were funded in all section 115A applications. Since that date the services of Counsel may be sought on a case by case basis as is the case in other civil legal aid matters.
These panels and supports are administered independently by the Legal Aid Board under the relevant legislative and regulatory provisions. They are also subject to statutory audit and certification by the Office of the Comptroller and Auditor General and subject to the relevant internal audit and corporate governance procedures. The following information has been provided in the form of three Schedules by the Legal Aid Board.
Schedule A sets out the amounts spent by the Legal Aid Board on solicitors, barristers and personal insolvency practitioners for applications under the Personal Insolvency Act 2012 in each of the years 2016 to 2020 and to 31 May 2021.
Schedule B sets out the amount paid to by the Legal Aid Board to each individual solicitor, barrister and personal insolvency practitioner for applications under the Personal Insolvency Act 2012 in each of the years 2016 to 2020 and to 31 May 2021.
Schedule C sets out the total amounts incurred but not yet paid by the Legal Aid Board in connection with solicitors, barristers and personal insolvency practitioners for applications under the Personal Insolvency Act 2012 as at 11 June 2021.
I have had enquiries made with the Legal Aid Board and am informed that the Legal Aid Board is not in a position to provide information as to individual amounts accrued into the future for individual service providers. This is because the legal aid recipients concerned engage their own solicitor from the panel on foot of a legal aid certificate and it is for that solicitor (if authorised to do so) to instruct counsel. The Legal Aid Board does not therefore become aware of which solicitor and barrister has been so engaged until the relevant claim is later submitted to it for that purpose.
1149. Deputy Éamon Ó Cuív asked the Minister for Justice the number of recommendations made to her by the Parole Board in 2021; the number in which she accepted the recommendations of the Board; the number in which they were amended or rejected; the reason in the cases in which they were amended or rejected for doing so; the number still awaiting decision; and if she will make a statement on the matter. [31474/21]
View answerThe Interim Parole Board reviews the cases of prisoners sentenced to determinate sentences of eight years or more as well as prisoners sentenced to life imprisonment.
I wish to advise the Deputy that 68 recommendations have been received from the Parole Board by my Department from 1 January 2021 to 27th May 2021. Of those 68 recommendations, 59 have been decided upon and the prisoners have been informed of the Minister’s decision. The remaining 9 recommendations (5 of these were received on 7 May 2021 and 4 were received on 26 May 2021) are currently being processed.
When making recommendations to the Minister for Justice, the Board advises the Minister of the prisoner's progress in their rehabilitation to date, the degree to which the prisoner has engaged with the various therapeutic and other services and how best to proceed with the future administration of the prisoner’s sentence.
The final decision regarding the recommendations of the Parole Board lies with the Minister for Justice. This function is currently delegated to me. I may accept these recommendations in their entirety, in part or reject them. In doing so, a range of factors are taken into consideration before a final determination is made on the recommendations received. These include:
- The nature and gravity of the offence to which the sentence of imprisonment being served relates;
- The sentence of imprisonment and the period of the sentence served by the prisoner;
- The conduct of the person in custody;
- The recommendations of the various services involved in the management of the prisoner's sentence and the Parole Board, and
- Recommendations and reports made by An Garda Síochána.
It is not possible to provide the Deputy with the number of cases where recommendations were accepted, rejected or amended as to do so would require a review of each individual file which would involve a disproportionate amount of staff time, in particular at a time when resources are being focused on finalising recommendations received from the Interim Parole Board in advance of the establishment of the Parole Board on a statutory basis.
Furthermore, to provide the Deputy with the reason(s) for any amendment or rejection of the Parole Board recommendations could lead to the identification of the prisoner concerned and/or the victim and their families. Each prisoner receives the Minister’s decision in writing following their review by the Board and are advised of the factors (as outlined above) taken into consideration in making that decision.
1150. Deputy Brendan Griffin asked the Minister for Justice if a South African citizen with residency in the UK can enter Ireland for holidays without the requirement of a visa; and if she will make a statement on the matter. [31524/21]
View answerI can confirm that the entry and transit visa restrictions which were brought into effect on 28 January 2021, as a necessary interim measure to reduce the spread of COVID-19 and protect public health are being lifted with effect from tomorrow, 16 June 2021.
This move is in line with the Government’s Resilience and Recovery Plan for Living with COVID-19 and will be welcome news for people from South Africa, Brazil and other South American countries who need to travel to Ireland for essential reasons.
The general policy against non-essential travel for all travellers arriving into Ireland continues; essential travellers must comply fully with the public health measures required by law. These include completing a COVID-19 Passenger Locator Form, pre-arrival PCR test and quarantine in a designated facility or at home.
The lifting of the visa restrictions follows the resumption of the processing of all long-stay visa applications.
1151. Deputy Ged Nash asked the Minister for Justice the number of gardaí stationed at Laytown Garda station in each of the years 2016 to 2020 and to date in 2021; and if she will make a statement on the matter. [31550/21]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible, under the Garda Síochána Act 2005, for the management and administration of Garda business. Under the Act, the Commissioner is also responsible for determining the deployment of members of An Garda Síochána throughout the State and, as Minister, I have no role in these independent functions.
I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimal use.
The Deputy may wish to know that my Department publishes statistics on Garda members monthly on the Department of Justice website and these figures can be viewed at: http://www.justice.ie/en/JELR/Pages/Garda_Workforce
The table below contains the Garda members assigned to the Laytown station by rank for the years 2016 - 2020 and to the end of May 2021, the latest date when figures were available.
|
LAYTOWN |
YEAR |
INP |
SGT |
GDA |
TOTAL |
|
2016 |
2 |
18 |
20 |
||
|
2017 |
3 |
18 |
21 |
||
|
2018 |
3 |
16 |
19 |
||
|
2019 |
2 |
16 |
18 |
||
|
2020 |
3 |
19 |
22 |
||
|
2021* |
1 |
2 |
19 |
22 |
* Figures at 31st May 2021
