Tuesday, 12 Oct 2021

Written Answers Nos. 426-445

Prison Service

Questions (426)

Peadar Tóibín

Question:

426. Deputy Peadar Tóibín asked the Minister for Justice the number of persons currently in prison who have served prison sentences for previous convictions. [49305/21]

Written answers

Minister for Justice

I have been advised by the Irish Prison Service that on 12 October 2021 there were 3,821 persons in custody, of whom 2,296 have served prison sentences for previous convictions.

Animal Welfare

Questions (427)

Peadar Tóibín

Question:

427. Deputy Peadar Tóibín asked the Minister for Justice the number of Garda investigations into illegal puppy farms and or illegal dog breeding establishments in each of the years from 2010 to 2020. [49322/21]

Written answers

Minister for Justice

As the Deputy will appreciate, matters relating to animal welfare are not under my remit as Minister for Justice. I understand that the Animal Health and Welfare Act 2013, which is within the responsibility of my colleague the Minister for Agriculture, Food and the Marine, provides a modern and robust framework for dealing with issues relating to animal welfare. I further understand that Local Authorities are responsible under the Act for inspection of the breeding facilities referred to by the Deputy.

As stated, the main legislative provisions regarding the regulation of these establishments fall under the Animal Health and Welfare Act 2013 (as amended). The Act makes a number of provisions regarding enforcement under Part 8 and Part 9, which provide that the relevant Local Authority or an authorised officer appointed by the Minister for Agriculture in writing is responsible for enforcement of the Act.

Section 37 of the Act does not automatically confer the powers of an authorised officer on members of An Garda Síochána and I have been advised by the Garda authorities that investigations under the Act, therefore, do not fall under An Garda Síochána's remit. Consequently no investigations of the nature specified by the Deputy have been undertaken by An Garda Síochána.

Question No. 428 answered with Question No. 417.

An Garda Síochána

Questions (429)

Claire Kerrane

Question:

429. Deputy Claire Kerrane asked the Minister for Justice the number of new unmarked Garda vans that came into the fleet in 2018, 2019, 2020 and to date in 2021, in tabular form; and the number of unmarked vans withdrawn from the fleet during the same period. [49361/21]

Written answers

Minister for Justice

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the purchase, allocation, and effective and efficient use of Garda vehicles. As Minister, I have no direct role in these matters.

I am informed by the Garda authorities that the purchase and allocation of Garda vehicles is determined on the basis of identified operational demands and the availability of resources, and decisions regarding the purchase and allocation of Garda vehicles are reviewed on a continual basis.

I have been provided by the Garda authorities with the below table, outlining a yearly breakdown of the number of unmarked vans allocated to the Garda Fleet.

Year	Unmarked Vans
2021*	34
2020	11
2019	19
2018	35

I have also been provided by the Garda authorities with the following table, outlining a yearly breakdown of the number of unmarked vans removed from the Garda Fleet.

Year	Unmarked vans
2021*	4
2020	4
2019	13
2018	29

*Figure for 2021 is up to 8 October 2021. Figures are operational and subject to change.

Prison Service

Questions (430, 431, 432)

Peadar Tóibín

Question:

430. Deputy Peadar Tóibín asked the Minister for Justice the number of persons released from prison in the State in each of the past ten years and to date in 2021. [49377/21]

Peadar Tóibín

Question:

431. Deputy Peadar Tóibín asked the Minister for Justice the number of persons granted temporary release from prison in the State in each of the past ten years and to date in 2021. [49378/21]

Peadar Tóibín

Question:

432. Deputy Peadar Tóibín asked the Minister for Justice if persons were released from prison early for purposes of public health control at the outset of the Covid-19 pandemic in Ireland. [49379/21]

Written answers

Minister of State at the Department of Justice

I propose to take Questions Nos. 430, 431 and 432 together.

I can advise the Deputy that the number of prisoners released from prison for the past ten years, up to and including 30 September 2021, is set out in the following table.

Year	Persons released
2021 (up to and including 30 September)	4,058
2020	5,776
2019	7,204
2018	6,494
2017	7,810
2016	12,981
2015	14,718
2014	14,119
2013	13,577
2012	14,415
2011	14,388

The number of prisoners granted temporary release for the past ten years and up to and including 30 September 2021 is set out in the following table.

The figures outlined in this table represent prisoners who were granted either short periods of temporary release, overnight periods of temporary release, full temporary release or reviewable temporary release.

Year	Persons granted temporary release
2021 (up to and including 30 September)	1,775
2020	2,785
2019	3,730
2018	2,994
2017	4,519
2016	9,857
2015	11,305
2014	11,392
2013	11,125
2012	11,199
2011	10,511

Each application for temporary release of any nature is considered on its individual merits and a number of factors are taken into account when making a decision, including the nature of the offence and whether the person poses a threat to public safety.

The Prison Service publishes figures in relation to the number of prisoners currently on temporary release on their website www.irishprisons.ie on a daily basis.

Question No. 431 answered with Question No. 430.

Question No. 432 answered with Question No. 430.

Citizenship Applications

Questions (433)

Pádraig O'Sullivan

Question:

433. Deputy Pádraig O'Sullivan asked the Minister for Justice when a person (details supplied) will receive a decision on their citizenship application; and if she will make a statement on the matter. [49383/21]

Written answers

Minister of State at the Department of Justice

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 4 February 2020. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time and the examination of an application at the various stages of the process may require additional engagement with applicants and thereby extend the processing 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 at: [e-mail], 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.

Citizenship Applications

Questions (434)

Jennifer Carroll MacNeill

Question:

434. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the status of a citizenship application by a person (details supplied); and if she will make a statement on the matter. [49386/21]

Written answers

Minister of State at the Department of Justice

The application for a certificate of naturalisation for the person referred to by the Deputy continues to be processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision in due course.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

Domestic Violence

Questions (435)

Paul Kehoe

Question:

435. Deputy Paul Kehoe asked the Minister for Justice the status of the new strategy on domestic, sexual and gender-based violence; and if she will make a statement on the matter. [49392/21]

Written answers

Minister of State at the Department of Justice

Tackling domestic, sexual and gender-based violence in all its forms is a priority for me and for Government.

My Department is leading the development across Government of the third national strategy on domestic, sexual and gender-based violence which will place a priority on prevention and reduction and will include a National Preventative Strategy. It will be the most ambitious strategy to date and will radically improve services and supports for victims. The strategy is on track to be developed by my Department in consultation with all relevant Departments and stakeholders with a view to it coming to Government for approval before the end of 2021.

The Department of Justice has partnered with Safe Ireland and the National Women’s Council (NWCI) to provide expert support in developing the new strategy. Among other actions, this includes expert advice on moving to an outcome-focussed framework, the development of a prevention focused strategy, and support for wider public involvement in the consultation phase.

The process is being supported by external research consultants who are working on a number of different elements including a review of the second national strategy, identifying the major issues to be addressed and coordinating public input into the new strategy. The public input to date has included -

- Five geographically focused workshops and 12 thematic workshops (addressing intersectionality and thematic sessions) attended by more than 100 individuals, and

- An online survey which attracted 109 responses, of which 87 were eligible. 77% of respondents were either victims/survivors of DSGBV or family and/or friends of victims/survivors.

Analysis of the feedback at these events is currently being examined.

Interviews with senior decision makers in relevant Departments and agencies have also been undertaken with a view to exploring potential co-design action areas for implementation.

In line with the cross-Government approach being taken in developing this strategy, Minister Humphreys and I recently wrote to all Ministers asking how they can contribute to the strategy. We have also asked the same of all of the relevant agencies in the justice sector, including An Garda Síochána and the Courts Service.

It is my intention to have a draft strategy ready for a further round of public consultation in the coming weeks.

Citizenship Applications

Questions (436)

Cian O'Callaghan

Question:

436. Deputy Cian O'Callaghan asked the Minister for Justice the status of a citizenship application by a person (details supplied); if the passport of the person submitted as part of the application will be returned given that the person will be traveling soon; and if she will make a statement on the matter. [49407/21]

Written answers

Minister of State at the Department of Justice

The application of the person referred to by the Deputy has been received by my Department and I am advised that their passport will be returned to them in the coming days.

My Department has not suspended the receipt or processing of citizenship applications at any stage during the pandemic. However, processing rates have unfortunately been negatively impacted by the attendant health and safety related restrictions.

Under normal circumstances, passports are returned approximately 10 days after their receipt. However, the current limits on staff attendance in the office due to COVID-19 restrictions have resulted in delays in the return of some passports.

Applicants are advised not to send in their application during the pandemic if they anticipate that they may have to travel at short notice. However, I fully appreciate that people may have to travel at short notice for emergency reasons. The citizenship website advises that in these circumstances, applicants should email the citizenship helpdesk [e-mail] with the relevant details including the postal tracking reference if available. Any request must be accompanied by appropriate scanned supporting material detailing the reasons for travel, such as medical information. Any request of this nature is dealt with promptly.

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 [e-mail], 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.

Departmental Reports

Questions (437)

Cian O'Callaghan

Question:

437. Deputy Cian O'Callaghan asked the Minister for Justice the steps that have been taken to implement the report by her Department, Supporting a Victim’s Journey: A Plan to Help Victims and Vulnerable Witnesses in Sexual Violence Cases; and if she will make a statement on the matter. [49408/21]

Written answers

Minister of State at the Department of Justice

Supporting a Victim's Journey is an ambitious plan which is introducing important reforms to support and protect vulnerable victims and ensure our criminal justice system is more victim-centred.

I am deeply committed to implementing in full all of the recommendations set out in Supporting a Victim's Journey and I am chairing an Implementation Oversight Group comprising all relevant departments and agencies responsible for driving the implementation of the agreed actions.

To date, a number of key actions have been delivered as part of implementing Supporting a Victim’s Journey including:

- Legislating for the introduction of preliminary trial hearings;

- The nationwide rollout of Divisional Protective Services Units (DPSU);

- The first cohort of staff at a new sexual offences unit in the Director of Public Prosecutions office formally took up their roles in April;

- Work to advance the training for all personnel who come into contact with vulnerable victims is underway;

- The University of Limerick has been commissioned by my Department to develop the framework for the operation and training of intermediaries.

In addition to the above, a review of the supports and funding of civil society organisations providing frontline services has been conducted to identify where gaps may exist and how to bridge them. Specific geographical areas and categories of victims that are not adequately covered by NGO supports have been identified and my Department is engaging with relevant NGO partners to agree revised funding to ensure that we meet the gaps identified. This piece of work will be completed shortly.

To promote more sustainable service delivery and planning, we are also offering multi-annual funding commitments to key NGOs we work with and where funding covers staff salaries. These funding grants cover accompaniment to court, to Garda interviews and to sexual assault treatment units and emotional support and counselling.

Minister Harris and I have also agreed with NUIG Active* Consent to fund the creation of an e-learning hub, which will – for the first time – provide an integrated, publicly available resource on consent awareness and learning bringing together a variety of related educational and promotional material in one place. The information hub will go live late this year, with further elements being rolled out early in 2022.

In relation to the updates on sexual offences legislation that have been recommended in the O’Malley Report, the scoping exercise has been completed and work has started on drafting the heads of a General Scheme of a Sexual Offences Bill.

International Protection

Questions (438)

Bernard Durkan

Question:

438. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed to cancel an International Protection Office application in the case of a person (details supplied); and if she will make a statement on the matter. [49420/21]

Written answers

Minister of State at the Department of Justice

For reasons of confidentiality I am unable to comment on any individual international protection cases.

However, more generally, where a person does not wish to continue in the international protection process, they should personally write to the International Protection Office at: Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2, outlining their position.

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 ([e-mail]), 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.

Residency Permits

Questions (439)

Bernard Durkan

Question:

439. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for residency in the case of a person (details supplied); and if she will make a statement on the matter. [49424/21]

Written answers

Minister of State at the Department of Justice

In response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned. These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.

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 ([e-mail]) 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.

Question No. 440 answered with Question No. 413.

Question No. 441 answered with Question No. 413.

Departmental Programmes

Questions (442)

Bernard Durkan

Question:

442. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the implementation of the Justice Plan 2021 with particular reference to the relevant sections supporting a victim's journey and the availability of counselling; and if she will make a statement on the matter. [49443/21]

Written answers

Minister of State at the Department of Justice

As the Deputy may be aware, Supporting a Victim’s Journey is our detailed and ambitious plan to implement the recommendations of the O'Malley Review.

It is introducing important reforms to support and protect vulnerable victims and ensure our criminal justice system is more victim-centred. To date, a number of key actions have been delivered as part of implementing Supporting a Victim’s Journey including:

- Legislating for the introduction of preliminary trial hearings;

- The nationwide rollout of Divisional Protective Services Units (DPSU);

- The first cohort of staff at new sexual offences unit in the Director of Public Prosecutions office formally took up their roles in April;

- Work to advance the training for all personnel who come into contact with vulnerable victims is underway;

- Funding for NGOs providing court accompaniment and related information and support services has been increased;

- A review of grants for organisations supporting victims has been undertaken to identify gaps in service provision.

- An improved Victims Charter website which provides a comprehensive repository of information for victims has been created;

- The University of Limerick has been commissioned by my Department to develop the framework for the operation and training of intermediaries and they will soon be engaging with stakeholders to develop this.

In addition to the above, a review of the supports and funding of civil society organisations providing frontline services has been conducted to identify where gaps may exist and how to bridge them. Specific geographical areas and categories of victims that are not adequately covered by NGO supports have been identified and my Department is engaging with relevant NGO partners to agree revised funding to ensure that we meet the gaps identified. This piece of work will be completed shortly.

To promote more sustainable service delivery and planning, we are also offering multi-annual funding commitments to key NGOs we work with and where funding covers staff salaries. These funding grants cover accompaniment to court, to Garda interviews and to sexual assault treatment units and emotional support and counselling.

While the provision of counselling services is not directly under my remit and falls to Tusla and the Department of Health, I can confirm that both are represented on the O'Malley implementation group. All Departments and agencies on the implementation group are committed to delivering the recommendations as set out in Supporting a Victim's Journey and to providing all relevant supports for victims of crime.

Departmental Data

Questions (443)

Thomas Pringle

Question:

443. Deputy Thomas Pringle asked the Minister for Justice if there is correspondence or documentation in the possession of her Department that confirms that a person (details supplied) suffered from a psychiatric illness as a result of a workplace incident; and if she will make a statement on the matter. [49457/21]

Written answers

Minister of State at the Department of Justice

I am advised that the position with respect to the matters raised has been fully outlined in correspondence to the person referred to by the Deputy over the course of several years. The matter has also been adjudicated upon by the courts. All relevant papers and records have been provided to the person in question. My Department has nothing further to add to the information already provided in this regard.

Departmental Data

Questions (444)

Pauline Tully

Question:

444. Deputy Pauline Tully asked the Minister for Justice the number of full-time accountants working in the Criminal Assets Bureau in each of the past five years in tabular form; and if she will make a statement on the matter. [49470/21]

Written answers

Minister for Justice

As the Deputy will be aware, the Criminal Assets Bureau (CAB) is a multi-agency statutory body established under the Criminal Assets Bureau Act 1996. The Bureau’s remit is to target a person's assets, wherever situated, which derive, or are suspected to derive, directly or indirectly, from criminal conduct. Since its inception, the Bureau has been at the forefront of fighting organised crime in this jurisdiction and disrupting the activities of criminal gangs by depriving them of ill-gotten assets.

Under the Criminal Assets Bureau Act 1996, the Chief Bureau Officer is responsible for the management and control of the administration and business of the Criminal Assets Bureau, including the staffing of the Bureau. Under the Act, the Chief Bureau Officer is responsible to the Commissioner of An Garda Síochána for these functions. As Minister for Justice I have no direct role in these functions, nor can I comment on them.

I am advised by the Bureau that the below table outlines the number of Forensic Accountants employed by the CAB for each of the past five years. The most recent Financial Accountant was appointed to the Bureau in August 2021. This completes the Bureau’s compliment of Forensics Accountants at this point in time. Staffing levels and resources are kept under constant review and will be revised as necessary.

2017	2
2018	3*
2019	3*
2020	3*
2021	4*

* 1 x Forensic Accountant is on 0.8 FTE (Full Time Equivalent)

An Garda Síochána

Questions (445)

Pauline Tully

Question:

445. Deputy Pauline Tully asked the Minister for Justice the number of gardaí by rank attached to the Cavan-Monaghan drugs unit as of 1 January 2020 and 5 October 2021, in tabular form; and if she will make a statement on the matter. [49471/21]

Written answers

Minister for Justice

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the stationing of Gardaí and their allocation to Garda units. As Minister for Justice, I have no role in these matters.

I am assured, however, that Garda management keeps this distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use.

I am informed by the Garda authorities that the number of Gardaí attached to the Cavan-Monaghan Drugs unit on 31 December 2019 and on 30 September 2021, the most recent date available, is set out in the below table.

Cavan/Monaghan	Sergeant	Garda	Total
31/12/2019	1	5	6
30/09/2021	1	2	3