Written Answers Nos. 899-922
899. Deputy Jennifer Whitmore asked the Minister for Justice the total number of prisoners under 21 years of age; the number in each institution in which they are held; the number of such prisoners who are on restricted regimes; the number of hours, each day, such prisoners are confined to their cells; and if she will make a statement on the matter. [14763/24]
Amharc ar fhreagraMy Department has taken steps to bring the Irish prison system into line with the United Nations Standard Minimum Rules for the Treatment of Prisoners (known as ‘Mandela Rules’) in respect of solitary confinement. This included the introduction of Statutory Instrument (SI) 276 of 2017 which amended Rule 27 of the Prison Rules 2007 and which provides a statutory entitlement to people in custody of a minimum of two hours out-of-cell time daily.
As such, all people in custody have a right to a minimum of 2 hours out of their cell with an opportunity for meaningful human contact. This Irish Prison Service Policy on the Elimination of Solitary Confinement, which is publicly available on their website, implements this SI. The Prison Rules 2007 also provide that the imposition of a restricted regime be closely monitored by the Irish Prison Service and the status of each prisoner on restricted regime within the prison system is regularly reviewed.
As of 16 January 2024, there were 4,748 people in the custody of the Irish Prison Service. Of that, 758 people were subject to a restricted regime.
As the Deputy may be aware, there are a number of reasons for the restriction of a person’s regime while in custody and of the 758 people on a restricted regime -
• 732 were restricted on grounds of protection/vulnerability (Rule 63), of which 687 were there at their own request,
• 22 were restricted on grounds of order (Rule 62),
• 1 was restricted due to medical reasons (Rule 64), and
• 3 were restricted due to infection control measures introduced (i.e. Isolation and Quarantine (Rule 103)).
In relation to the additional information sought by the Deputy, I can advise that the statistics requested are provided in the tables below.
Table 1 outlines the total number of people in custody who were under 21 years of age on 16 January 2024 and Table 2 outlines the total number of people aged under 21 years who were held on restricted regime classified by hours in cell as of 16 January 2024.
Table 1
|
Establishment |
18 year olds |
19 year olds |
20 year olds |
Total |
|
Arbour Hill Prison |
0 |
0 |
1 |
1 |
|
Castlerea Prison |
2 |
4 |
2 |
8 |
|
Cloverhill Remand Prison |
12 |
9 |
11 |
32 |
|
Cork Prison |
3 |
2 |
11 |
16 |
|
Limerick Prison (Female) |
0 |
0 |
1 |
1 |
|
Limerick Prison (Male) |
2 |
4 |
10 |
16 |
|
Loughan House |
0 |
1 |
0 |
1 |
|
Midlands Prison |
5 |
12 |
7 |
24 |
|
Mountjoy Prison (Female) |
1 |
0 |
1 |
2 |
|
Mountjoy Prison (Male) |
1 |
3 |
12 |
16 |
|
Wheatfield Prison |
2 |
4 |
11 |
17 |
|
Grand Total |
28 |
39 |
67 |
134 |
Table 2
|
|
19 hrs in cell |
20 hrs in cell |
21 hrs in cell |
22 hrs in cell |
23 hrs in cell |
24 hrs in cell |
Grand Total |
|
Institution |
Age 18-20 |
Age 18-20 |
Age 18-20 |
Age 18-20 |
Age 18-20 |
Age 18-20 |
|
|
Arbour Hill |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Castlerea |
3 |
0 |
0 |
0 |
0 |
0 |
3 |
|
Cloverhill |
7 |
0 |
0 |
9 |
0 |
0 |
16 |
|
Cork |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Limerick Female |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Limerick Male |
0 |
0 |
1 |
0 |
0 |
0 |
1 |
|
Loughan |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Midlands |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Mountjoy Female |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Mountjoy Male |
1 |
2 |
3 |
0 |
0 |
0 |
6 |
|
Portlaoise |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Shelton |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Training Unit |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Wheatfield |
0 |
0 |
2 |
0 |
0 |
0 |
2 |
|
Total |
11 |
2 |
6 |
9 |
0 |
0 |
28 |
900. Deputy John McGuinness asked the Minister for Justice if she will confirm the status of the transfer of a person (details supplied); and if the request will be expedited considering the applicants deteriorating health [14773/24]
Amharc ar fhreagraI am advised by my officials in the Irish Prison Service that an application was received for a transfer of sentence from the named person on 27 November 2023.
As the Deputy will be aware, EU Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences establishes the conditions and procedure for the transfer of a custodial sentence between EU member states. This Framework Decision has been implemented in Ireland by the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (the “2023 Act”). The 2023 Act was signed into law on 1 March 2023 and was commenced on 3 May 2023.
I am also advised that the processing of an application under this legislation takes time as it requires legal assessment on a case-by-case basis and the detailed exchange of information between various agencies in the two countries. However, every effort is made to progress each application as soon as possible and within the statutory timeframe.
I understand the Irish Prison Service has not been made aware of any health issues related to the person seeking transfer and the Deputy may wish to contact the Prison Service directly if he has any information of this nature that he has been asked to relay.
901. Deputy John McGuinness asked the Minister for Justice if she will approve a stamp 4 status for a person (details supplied). [14776/24]
Amharc ar fhreagraThe person referred to in the Deputy's query requested a review of the decision dated 06 August 2021 to revoke the residence card and permission granted to them under the European Communities (Free Movement of Persons) Regulations 2015, which was received by the Review Unit of the EU Treaty Rights Division on 27 August 2021. The review concerned relates to permission granted arising from the person’s claim to have an entitlement to a derived right of residence based on their Union citizen family member rather than in their own right.
While every effort is made to issue a decision on each application as soon as possible, current processing times may vary having regard to the complexity of the application and the possible need for the EU Treaty Rights Review Unit to seek further information. The person concerned can be assured that there will be no avoidable delay in having their case brought to finality. In the meantime they have been granted a temporary Stamp 4 permission until 13 May 2024 while their review continues to be processed.
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: IMoireachtasmail@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.
902. Deputy Paul Murphy asked the Minister for Justice further to Parliamentary Question No. 170 of 4 October 2023, if she will review the (details supplied) and advise in relation to the comment of ‘Credit to be given for time served on these offences’, and if she will confirm whether this credit has been considered. [14777/24]
Amharc ar fhreagraI am informed by my officials in the Irish Prison Service that the person referred to has had the credit that was outlined in the committal warrant taken into account when calculating the end date of his sentence. On the receipt of a previous query from this individual, the sentence calculation was rechecked and the final release date remains unchanged.
903. Deputy Bernard J. Durkan asked the Minister for Justice the total spent by the State on legal aid in the past ten years to date; and if she will make a statement on the matter. [14781/24]
Amharc ar fhreagraAt the outset, it is important to clarify that criminal legal aid and civil legal aid are separate services.
Under the Criminal Justice (Legal Aid) Act 1962, it is the Courts, through the judiciary, that are responsible for the granting of legal aid. The Criminal Legal Aid Scheme is demand-led and the fees and expenses due to legal practitioners are paid in accordance with the terms and conditions of the scheme.
An applicant for criminal legal aid must establish to the satisfaction of the Court that his/her means are insufficient to enable him/her to pay for legal representation for him/herself. The Court must also be satisfied that, by reason of the gravity of the charge or exceptional circumstances, it is essential in the interests of justice that the applicant should have legal aid.
The information requested by the Deputy in relation to Criminal Legal Aid is set out in the below table.
|
Year |
Expenditure €m |
|
2013 |
50.8 |
|
2014 |
49.8 |
|
2015 |
50.8 |
|
2016 |
52.9 |
|
2017 |
58.1 |
|
2018 |
64.8 |
|
2019 |
65.1 |
|
2020 |
62.2 |
|
2021 |
73.4 |
|
2022 |
76.4 |
|
2023 |
89.2 |
|
2024 (to end of Feb) |
13.2 |
Civil legal aid and advice is provided for qualifying individuals in civil matters which are those that concern non-criminal disputes between individuals or organisations. Civil legal aid and advice is granted through the Civil Legal Aid Scheme, which is administered by the Legal Aid Board.
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. The 1995 Act was amended by Section 54 of the Civil Law (Miscellaneous Provisions) Act 2011 which gave the Board the additional responsibility of providing a family mediation service. 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.
The Deputy may be aware that civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the Board. The Board operates a total of 34 full-time law centres and dedicated units along with three part-time centres, and three specialist legal offices. The Board also operates 19 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: 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).
As the Deputy will be aware, in June 2022, I established the Civil Legal Aid Review Group to review the current operation of the Civil Legal Aid Scheme and make recommendations for its future.
The current review will allow for an assessment of how flexible and responsive the Scheme is to the needs of those it is intended to serve, including in relation to financial eligibility.
As part of the review, a comprehensive multi-phased process of consultation has been conducted to ensure that as wide a range of views as possible is captured. The results of all elements of the consultation are now being carefully considered by the Review Group.
I look forward to receiving its report when finalised and considering its recommendations.
I have been provided with the information in below table by the Legal Aid Board, outlining the amounts spent by the Board in each of the past ten years.
|
Year |
Expenditure €m |
|
2013 |
35,750,947 |
|
2014 |
35,110,837 |
|
2015 |
36,408,145 |
|
2016 |
38,574,917 |
|
2017 |
40,679,065 |
|
2018 |
42,864,957 |
|
2019 |
46,271,610 |
|
2020 |
42,825,317 |
|
2021 |
44,407,197 |
|
2022 |
48,934,061 |
|
2023 |
55,324,625 |
The Deputy may also be aware that the Criminal Justice (Legal Aid) Bill 2023 has been approved for drafting by the Government for drafting.
This Bill will modernise the operation of the Criminal Legal Aid Scheme, transferring administrative responsibility from the Department of Justice to the Legal Aid Board and introducing strengthened oversight and governance structures for the Scheme.
904. Deputy Paul Donnelly asked the Minister for Justice the number of persons arrested for driving while disqualified within Garda K district in 2023 and to-date in 2024, in tabular form. [14792/24]
Amharc ar fhreagraAs 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 recording of traffic offences. As Minister, I have no role in these matters.
I am advised by the Garda authorities that there is no separate offence of ‘Driving While Disqualified’. For the Deputy's information, Section 38 of the Road Traffic Act 1961, as amended by section 12 of the Road Traffic Act 2006, creates the offence of ‘Driving without a Driving Licence’.
Section 38 creates an offence of driving without a licence and section 38(5) provides a more severe penalty for driving without a licence during the period of disqualification. However, the offence remains one of simply driving without a licence.
The below table, provided to me by the Garda authorities, outlines the number of charges and summonses created for the offence of ‘Driving Without a Driving Licence’ in Blanchardstown district.
|
2023 |
2024* |
|
650 |
207 |
*2024 figures cover the period from 1 January 2024 to 8 April 2024, inclusive. Information supplied is operational and subject to change.
905. Deputy Paul Donnelly asked the Minister for Justice the number of gardaí, by rank attached to each protestor removal team within DMR, in tabular form. [14793/24]
Amharc ar fhreagraI have requested the information sought by the Deputy from the Garda authorities. Unfortunately, the information was not received in time. I will contact the Deputy directly once the information is to hand.
906. Deputy Francis Noel Duffy asked the Minister for Justice the status of the review of the Multi Unit Development Act 2011; and whether he has considered introducing an interim regulator on a non-statutory basis for owner management companies to ensure appropriate governance across this sector for companies to manage apartment defects, remediation works and ongoing maintenance requirements of the shared facilities in multi-unit developments. [14804/24]
Amharc ar fhreagraThe Multi-Unit Developments (MUDs) Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments, and facilitating the fair, efficient and effective management of owners' management companies (OMCs).
The Programme for Government contains a commitment to conduct a review of the MUDs Act, to ensure that it is fit for purpose and that it acts in the best interests of residents. Housing for All also provides for Regulations to be made under the MUDs Act relating to the:
• management of annual service charges by OMCs; and
• expenditure incurred of a non-recurring nature by OMCs (i.e. ‘sinking fund’ expenditure).
The work of my Department in relation to multi-unit developments is guided by that of the Department for Housing, Local Government and Heritage, in view of its central role in this area. The importance of policy input from that Department is underlined by a number of important initiatives in relation to multi-unit developments that have recently been brought forward by the Minister for Housing, Local Government and Heritage.
These include the remediation scheme, which Minister O’Brien announced last year, and which will provide support for the remediation of apartments and duplexes with fire safety, structural safety and water ingress defects, constructed between 1991 and 2013. Furthermore, an Interim Remediation Scheme for the funding of emergency fire safety defect works in apartments and duplexes was launched last December and is now open to applications from OMCs.
It is important that the review of the Multi-Unit Developments Act 2011, and the drafting of any Regulations under the Act, would be informed by these key ongoing and priority developments, and as such it is not possible at this point to say when the review of the Act will be completed.
As regards the establishment of a Regulator for OMCs, there are no plans at present to introduce a specific oversight and enforcement mechanism for OMCs. However, it should be noted that OMCs are subject to company law provisions, including their own memorandum of association, and are subject to oversight by the Company Registration Office and the Office of the Director of Corporate Enforcement. Furthermore, the Competition and Consumer Protection Commission, also plays a role in providing information and advice to intending purchasers of residential units in multi-unit developments.
In addition, the MUDs Act acknowledges the risk of disputes arising in the enforcement of rights and the performance of obligations imposed by its provisions and makes provision for the resolution of such disputes.
For example, section 24 provides that a person, including any member of an OMC, may apply to the Circuit Court for an Order to enforce any rights conferred or obligations imposed by the Act. Section 24(2) allows the Court to take into account whether the parties have tried to resolve their differences by mediation or other alternative dispute resolution. While section 27 provides for court-directed mediation if the court considers that a ‘mediation conference’ between the parties would assist in reaching a settlement of the matter.
907. Deputy Martin Kenny asked the Minister for Justice if she will provide a breakdown of road traffic offences detected, by county and offence committed, per year from 2022 and 2023, in tabular form. [14838/24]
Amharc ar fhreagraAs 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 recording of traffic offences. As Minister for Justice, I have no direct role in these matters.
Road traffic legislation is enforced as part of the day-to-day duties of members of An Garda Síochána, as well as through a programme of high-visibility road safety and enforcement operations, carried out in partnership with other State agencies, including the Department of Transport and other Government Departments, the Road Safety Authority, the National Roads Authority, and the community, in order to make our roads safer for all.
It may be of interest to the Deputy to note that, as of the end of February 2024, there were 627 members assigned to the Garda roads policing unit, compared to 623 in 2017. As Garda recruitment continues and accelerates, additional Garda members will become available to be deployed to priority areas. It should also be noted that all front-line Gardaí contribute to policing our roads and keeping them safe. On average 25% of roads policing enforcement is carried out by regular members, with the exception of drug/drink driving checks, 75% of which are carried out by regular members.
As part of Budget 2024, €3.6m additional funding has been allocated for GoSafe speed cameras, continuing the increased level of 9,000 hours monitoring a month through the whole of 2024. The primary purpose of this additional deployment will be to reduce speed-related collisions, reduce injuries and above all save lives.
While An Garda Síochána are focusing their efforts on enforcement, it is also important to recognise that a multi-faceted approach is necessary to reduce fatalities and collisions that cause serious injuries, including campaigns to target driver behaviour, infrastructure improvements such as road design, maintenance and safety features.
Statistics in respect of road traffic offences by Garda Division are published by An Garda Síochána and the Deputy can be find these at the link below.
www.garda.ie/en/roads-policing/statistics/roads%20policing%20offences%20by%20region%20and%20division/
908. Deputy Martin Kenny asked the Minister for Justice if she will provide a breakdown of offences detected as part of the 'Day of Action' operations on public transport in 2022 and 2023, in tabular form, by year and offence; and if she will make a statement on the matter. [14839/24]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of An Garda Síochána including all operational policing matters.
I am informed by the Garda Authorities that there is no specific incident type available in PULSE to capture such activity and that as a result, An Garda Síochána cannot provide any reliable response.
I am assured that a range of regional and local operations have been put in place by Gardaí to prevent and detect criminal activity on public transport. For example, Operation Saul is implemented across the Dublin Region. The aim of Operation Saul is to provide a safe environment for commuters utilising all public transport services in the DMR together with reassuring the citizens, visitors and the business community that Dublin is a safe place in which to visit, socialise, conduct business and enjoy all its amenities.
Operation Saul involves the effective management and planned delivery of all working resources in the DMR to ensure the delivery of both an overt and covert policing response on board Bus, Luas, Dart and Train services to effectively tackle anti-social behaviour, public order and criminal activity on a daily basis.
On Thursday 16 November 2023, a day of action was held in Dublin in collaboration with the Rail Safety Partnership under the auspices of Operational Saul. The operational objective of the operation was achieved by co-ordinating and managing resources in the DMR to deliver both an overt and covert policing response on board Bus, Luas, Dart and Train services, and at Transport Centres within the DMR.
Routine patrols took place by members both on foot and bicycles, as well as mobile patrols at Luas, Bus, Dart and Train Stops. Each Division appointed an Inspectors to co-ordinate policing activities on the day. The operation was a success with a number of arrests and prosecutions arising out of the joint operation.
909. Deputy David Cullinane asked the Minister for Justice the status of a citizenship certificate of naturalization for a person (details supplied). [14937/24]
Amharc ar fhreagraI recognise that the delay in receiving a Naturalisation Certificate is frustrating for people and my Department is examining on how to speed up the delivery of Certificates for future Ceremonies to be held this year.
Any applicants that are yet to receive their certificate from the February Ceremony can be assured that they will receive their Certificate of Naturalisation via registered post in the coming weeks.
They are not required to renew their immigration permission as they are Irish citizens.
In a little over two years the Citizenship Division of my Department has gone from processing around 12,000 applications a year to processing over 20,000 applications. This 66% increase in processing has been achieved through digitising and streamlining processes.
Last year Citizenship Division more than doubled the number of Citizenship Ceremonies available to applicants with 15 held over the course of the year. These took place in the RDS, Dublin in March, in the INEC, Killarney in June, and in the Convention Centre in both October and December. This was a significant increase on 6 Citizenship Ceremonies held in 2022.
Finally, I can advise the Deputy that the Citizenship Division of my Department will continue to communicate regularly with all applicants to keep them informed on updates on processing times and arrangements.
910. Deputy James Lawless asked the Minister for Justice to consider an application (details supplied); and if she will make a statement on the matter. [14946/24]
Amharc ar fhreagraMy Department is unable to publish any information that would identify any person as being an international protection applicant. This is a separate matter to the law dealing with data protection matters more generally.
My officials and I are legally obliged, under Section 26 of the International Protection Act 2015, to ensure that the identity of any person who applies for international protection is kept confidential. Section 26(1) sets out that:
“the Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential”.
As I am sure you will appreciate, these confidentiality requirements are especially important for an asylum-seeker, whose claim inherently supposes a fear of persecution by the authorities of their home country and whose situation, or that of their family or friends still living in the country from which they have sought protection, can be jeopardised if the protection of their personal information is not ensured.
An applicant for such protection status, or their legal representative, should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate if they wish to receive an?update on the status of their case.
Contact information for The International Protection Office can be found at Contact Us - International Protection Office (ipo.gov.ie)
Contact information for The International Protection Appeals Tribunal can be found at Contact Us - IPAT (protectionappeals.ie)
Both the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) are fully independent in deciding whether or not to grant international protection. Each application is examined individually on its own merits, in line with national and international asylum law. They are also bound by confidentiality provisions in respect of applicants as set out in the International Protection 2015 Act.
911. Deputy Michael McNamara asked the Minister for Justice how many persons in respect of whom a "transfer decision" was made by an international protection officer to transfer in accordance with Regulation (EU) No 604/2013, which decision was not subsequently set aside on appeal or deemed to be invalid by the Courts, were not transferred in each calendar year since 2014. [14957/24]
Amharc ar fhreagraIt has not been possible to collate complete information as requested by the Deputy in the time allowed. I will write to the Deputy directly when the information is to hand.
912. Deputy Michael McNamara asked the Minister for Justice how many "transfer decisions" were made by international protection officers to transfer in accordance with Regulation (EU) No 604/2013 in each calendar year since 2014. [14958/24]
Amharc ar fhreagra913. Deputy Michael McNamara asked the Minister for Justice how many "transfer decisions" made by international protection officers to transfer in accordance with Regulation (EU) No 604/2013 were set aside on appeal in each calendar year since 2014. [14959/24]
Amharc ar fhreagra914. Deputy Michael McNamara asked the Minister for Justice how many "transfer decisions" made by international protection officers to transfer in accordance with Regulation (EU) No 604/2013 were challenged in Court proceedings in each calendar year since 2014. [14960/24]
Amharc ar fhreagraI propose to take Questions Nos. 912 to 914, inclusive, together.
My Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively, as part of the broader Government response, while ensuring the integrity of Ireland's rules-based immigration system is maintained. Regulation (EU) No 604/2013 (Dublin III Regulations), came into force on 19 July 2013, and lays down the criteria and mechanisms for determining which EU country is responsible for examining an asylum application. The Dublin Regulation is based on the principle that the first Member State to facilitate entry to the EU should be responsible for examining the protection application.
The making of a transfer decision under the EU Dublin Regulation is not a deportation order. The International Protection Office considers whether applicants might have their cases considered under the Dublin Regulation. If the Regulation is deemed to apply, the applicant may appeal that decision to the International Protection Appeals Tribunal (IPAT).
A decision to transfer made under the Dublin III Regulations expires after six months. This extends to 18 months if the applicant has absconded. If an appeal is launched, a Dublin III decision expires six months from the date the appeal decision is given. In practice, and in keeping with the experience of all Member States, the Regulations have not been effective.
The increasing numbers of protection applications, appeals and decisions highlights the importance of the EU Migration Pact for Ireland. I have recently secured Cabinet approval to seek the necessary approvals from the Houses of the Oireachtas to opt-in to the Pact.
The overall objectives of the Pact is to create a fair, sustainable and efficient asylum procedure in ordinary times as well as in times of migratory pressure and crisis situations.
It will harmonise asylum procedures across the EU, and speed up the processing of asylum applications so that people in need of our protection get it quickly and those who don’t are returned to their country of origin efficiently.
The Asylum and Migration Management Regulation (AMMR) which will replace the Dublin III Regulation, provides, inter alia, for streamlined criteria and reduced timeframes for determining the Member State responsible for determining an asylum application as well as revised rules on transferring responsibility. This will significantly improve the current Dublin system by reducing the administrative burden on the Member States seeking to transfer a person to the Member State responsible for processing the application.
Below is a table detailing how many decisions were made by international protection officers to transfer in accordance with Regulation (EU) No 604/2013 in each calendar year since 2014.
|
Year |
Decisions Made |
|
2024 |
63 |
|
2023 |
188 |
|
2022 |
24 |
|
2021 |
69 |
|
2020 |
310 |
|
2019 |
817 |
|
2018 |
251 |
|
2017 |
3 |
|
2016 |
594 |
|
2015 |
302 |
|
2014 |
21 |
The table below details how many transfer decisions made by international protection officers in accordance with Regulation (EU) No 604/2013 were set aside on appeal in each calendar year since 2014.
|
Dublin II/III Regulations |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
2023 |
|
Total Granted / Set aside |
1 |
0 |
11 |
20 |
5 |
20 |
18 |
5 |
7 |
6 |
In regards to your query regarding how many of the transfer decisions made by international protection officers in accordance with Regulation (EU) No 604/2013 were challenged in Court proceedings in each calendar year since 2014 is not recorded in such a way as to provide the information requested by the Deputy.
My Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively, as part of the broader Government response, while ensuring the integrity of Ireland's rules-based immigration system is maintained. Regulation (EU) No 604/2013 (Dublin III Regulations), came into force on 19 July 2013, and lays down the criteria and mechanisms for determining which EU country is responsible for examining an asylum application. The Dublin Regulation is based on the principle that the first Member State to facilitate entry to the EU should be responsible for examining the protection application.
915. Deputy Mark Ward asked the Minister for Justice the number of committals to challenging behaviour units in prisons in 2023; the number of these that represented repeat committals, by prison, in tabular form; and if she will make a statement on the matter. [14969/24]
Amharc ar fhreagra916. Deputy Mark Ward asked the Minister for Justice the maximum number of times any person was committed to a challenging behaviour unit (CBU) in 2023; the maximum amount of time that any prisoner spent in a CBU in 2023 in any one admission; the maximum amount of time that any prisoner spent in a CBU in 2023 across multiple admissions; and if she will make a statement on the matter. [14970/24]
Amharc ar fhreagraI propose to take Questions Nos. 915 and 916 together.
The information sought by the Deputy is detailed and I regret that it has not been possible for the Irish Prison Service to collate the information requested in the time frame available. I have requested the Irish Prison Service continue working to collate this information and I will write directly to the Deputy as soon as it is available.
917. Deputy Mark Ward asked the Minister for Justice the funding allocated to Garda youth diversion projects in the Dublin mid-west area; the funding for the Clondalkin area; for a breakdown of where this funding is allocated; and if she will make a statement on the matter. [14985/24]
Amharc ar fhreagraEvery young person deserves the opportunity to improve their quality of life and our commitment to expanding Youth Justice services and increasing funding similarly reflects our commitment to these young people. This commitment is a central point of our Youth Justice Strategy, launched in 2021, which provides a developmental framework to address key challenges and emerging issues in the youth justice area.
A top priority is the expansion and deepening of the services offered to young people by the Youth Diversion Projects (YDPs), which are fully funded by the Department of Justice. YDPs are community based, multi-agency youth crime prevention initiatives which primarily seek to divert young people who have been, or are at risk of becoming, involved in anti-social and/or criminal behaviour. On average the YDPs engage with between 3,500 and 4,000 young people across the State in any one year. These projects provide an invaluable support to complement the work of An Garda Síochána in addressing youth crime and protect local communities.
In Budget 2024, the funding allocated to overall Youth Justice Services increased by 10% to €33 million. This will facilitate an increase in the availability of YDP services in the evenings and at the weekends, when many young people need them the most, as well as an increase in supports for families, interventions for typically hard-to-reach young people and early interventions for 8-11 year olds who may be at increased risk of becoming engaged in criminal activity.
This increase in funding will also allow us to achieve our goal of full nationwide coverage for YDPs for the first time. This funding will be deployed with the assistance of the best available research and expert evidence to keep young people away from crime.
We know from international research that a number of factors place young adults in this age group at a higher risk of becoming involved in criminal behaviour. It is important to reach out to this age group and ensure they recognise they will not be abandoned and left to fend for themselves when they become young adults.
All of this work in the area of Youth Justice is central to this Government’s commitment to building stronger, safer communities. The Government’s commitment to helping the young people who need it has been reflected in our allocations of funding and resources to expand this network.
The below table outlines the YDPs operating in the Clondalkin area and the funding allocations provided. It should be noted that all three YDPs are under the Community Based Organisation, Crosscare.
|
Youth Diversion Project |
Location |
2019 Allocation |
2020 Allocation |
2021 Allocation |
2022 Allocation |
2023 Allocation |
2024 Allocation |
|
GRAFT** |
Neilstown Road, Clondalkin, Dublin 22 |
€121,747 |
€122,693 |
€132,411 |
€162,295 |
€240,059 |
€213,663 |
|
SWIFT* |
Monastery Road, Clondalkin, Dublin 22 |
€115,534 |
€125,390 |
€133,271 |
€185,019 |
€290,174 |
€249,551 |
|
Valley** |
Neilstown Road, Clondalkin, Dublin 22 |
€104,366 |
€112,071 |
€123,881 |
€160,705 |
€234,897 |
€198,402 |
*2023 Allocation includes once off Capital Grant of €51,883.
**2023 Allocation includes once off Capital Grants totalling €71,883 shared between GRAFT and Valley YDPs.
918. Deputy Carol Nolan asked the Minister for Justice further to Parliamentary Question No. 140 of 10 May 2023, to provide details on the comparative research on approaches to hate crime and hate speech legislation in neighbouring jurisdictions that was undertaken; if he will provide any documents containing the outcome of this research; and if she will make a statement on the matter. [14997/24]
Amharc ar fhreagraDevelopment of the Criminal Justice (Incitement to Violence and Hatred and Hate Offences) Bill 2022 was informed by an extensive public consultation and research process that began in 2019. Subsequent research and ongoing consultation with stakeholders and experts have contributed to the development and progress of the Bill since that time, including close engagement with counterparts in the UK and Northern Ireland, with civil society and academia and with An Garda Síochána and the Office of the Director of Public Prosecutions.
The report on the initial public consultation in 2019 considered all of the submissions received through five consultation strands and reached a number of conclusions based on their content. These conclusions were carefully considered during drafting of the Bill and form the basis of its provisions. The full details of the public consultation, including the submissions received across the five strands can be accessed at gov - Legislating for Hate Speech and Hate Crime in Ireland Report (www.gov.ie)
The Department of Justice also reported on the learnings from the approaches taken to hate crime in five jurisdictions in order to inform the development of the new legislation. The findings showed that all five jurisdictions criminalised hate crime in their legislation, with all jurisdictions taking an animus approach by placing the motivation of the offender at the centre of the offence. The comparative research report entitled 'Learnings from Approaches to Hate Crime in Five Jurisdictions' is included as an appendix to the report on the public consultation and can also be accessed at gov - Legislating for Hate Speech and Hate Crime in Ireland Report (www.gov.ie)
Officials of the Department consulted with counterparts in the UK on the inclusion of a demonstration test of proof as part of the development of the Bill. The demonstration test is a feature of UK hate crime legislation and was a key recommendation of the Oireachtas Joint Committee on Justice for inclusion in the Bill “to ensure the legislation will be robust and will result in the effective prosecution of hate crime offences”. Data from the UK has shown that the number of prosecutions for hate offences is in line with general crime rates.
The Department of Justice has also engaged with the European Commission in relation to comparative legislation across EU Member States. The Commission has confirmed that all Member States have incitement to hatred laws in place. The majority relied on European Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law to give effect to these laws. The Commission has also indicated that Ireland is one of the last Member States to legislate for hate crime.
This Criminal Justice (Incitement to Violence and Hatred and Hate Offences) Bill 2022 is currently before the Seanad and will be progressed in due course.
920. Deputy Noel Grealish asked the Minister for Justice to provide a breakdown of the following Garda numbers, by year, from 2007 to date; the number of serving members of An Garda Síochána in each year and to date in 2024; the number of new recruits to An Garda Síochána in each year and to date in 2024; the numbers of gardaí passing out from the Garda Training College in each year from 2007 and to date in 2024; the numbers of candidates offered places in the Garda College and the number who do not take them up for each year and to date in 2024; the numbers of gardaí retiring in each year and to date in 2024; the numbers of gardaí on sick leave for each year and to date in 2024; and if she will make a statement on the matter. [15034/24]
Amharc ar fhreagraAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the distribution of Garda members between the different Garda units and Divisions. As Minister, I have no role in such matters.
I can, however, assure the Deputy that the Government is committed to building stronger, safer communities and a strengthened, well-resourced Garda Síochána is central to this policy. This commitment is demonstrated by the unprecedented provision of more than €2.3 billion to the Garda Vote this year, which is allowing for sustained and ongoing recruitment and investment in new equipment and new vehicles.
In addition to new recruits, the roll-out of the new Garda Operating Model will support the redeployment of Gardaí from non-core duties to front-line policing across the country. The new model will see larger Divisions with more resources, increased Garda visibility in communities, a wider range of locally delivered policing services, and a strong focus on community policing.
I am advised by the Garda authorities that as of 29 February 2024, the latest date for when figures are available, there was a total of 13,930 Garda members nationwide. This represents an increase of almost 9% since the end of December 2015. In addition, the civilianisation programme has freed up almost 900 Garda members from back office work for front line policing work since 2015.
The full information requested by the Deputy is not readily available and would require a disproportionate amount of Garda time and resources to compile. However, to be of assistance I have provided the information below on Garda numbers. Please be advised that all the information provided is operational and may be subject to change.
The table below, which was provided to me by the Garda authorities, sets out the number of Garda members nationwide for the years 2007 up to the end of February 2024.
|
Garda Workforce |
2007 |
2008 |
2009 |
2010 |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
2023 |
29/02/2024 |
|
Total |
13,755 |
14,412 |
14,547 |
14,377 |
13,894 |
13,424 |
13,093 |
12,799 |
12,816 |
12,943 |
13,551 |
14,032 |
14,307 |
14,491 |
14,235 |
14,133 |
13,998 |
13,930 |
The table below sets out the number of trainees who entered the Garda college in the years 2014 up to 2024 and the number of Garda members who attested in those years.
|
Year |
Intake |
Attested in year |
|
2014 |
200 |
0 |
|
2015 |
351 |
296 |
|
2016 |
651 |
393 |
|
2017 |
811 |
883 |
|
2018 |
799 |
789 |
|
2019 |
600 |
605 |
|
2020 |
275 |
522 |
|
2021 |
384 |
148 |
|
2022 |
116 |
370 |
|
2023 |
746 |
388 |
|
2024 |
186 |
165 |
|
Total |
5,119 |
4,559 |
The table below sets out the number of Garda members who retired in the years 2013 up to the end of March 2024.
|
Year |
Retirements (Voluntary, Compulsory, Early) |
|
2013 |
296 |
|
2014 |
249 |
|
2015 |
238 |
|
2016 |
228 |
|
2017 |
226 |
|
2018 |
218 |
|
2019 |
223 |
|
2020 |
250 |
|
2021 |
294 |
|
2022 |
340 |
|
2023 |
319 |
|
Jan-24 |
16 |
|
Feb-24 |
25 |
|
Mar-24 |
24 |
|
Total |
2,946 |
I am advised that information in relation to the number of Garda members on sick leave from 2019 up to February 2024 can be found in the Garda Commissioner reports to the Policing Authority. I have copied a link to this information for reference.
www.garda.ie/en/about-us/publications/general-reports/commissioner-s-monthly-reports-to-policing-authority/
Information in relation to the allocation of Gardaí by Division and Station can be found at the following link: www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/
921. Deputy Richard Boyd Barrett asked the Minister for Justice the number of reports of breaches of protection, safety and barring orders (including interim barring orders) that were made to An Garda Síochána in 2021, 2022 and 2023; the number of subsequent arrests that are made following such reports; the number of convictions in court on foot of these reports; and if she will make a statement on the matter. [15038/24]
Amharc ar fhreagraCombatting all forms of domestic, sexual and gender-based remains a priority for this Government, for the Department of Justice and for the Garda Commissioner.
'Zero Tolerance,' the Third National Strategy on Domestic, Sexual and Gender-based Violence (DSGBV), sets out an ambitious whole of government five-year programme of reform to achieve a society which does not accept DSGBV or the attitudes which underpin these crimes. The Strategy, which was co-designed with the sector, also has a significant focus on improving the system for victims of these terrible crimes and on ensuring there is a full range of supports and services available nationwide to support and empower victims and survivors.
I can assure the Deputy that creating a criminal justice system that supports and protects victims at every stage of their journey through it, is and will remain a priority. To ensure this is the case, An Garda Síochána and my Department are continuing to work hard to strengthen trust and confidence in the system so that victims are confident in coming forward to report what has happened to them and get justice.
An Garda Síochána prioritise and proactively respond to incidents of domestic abuse and as the Deputy may be aware, there is now a Divisional Protective Services Unit in each Garda Division, meaning specialised teams are in place nationwide to engage with vulnerable victims in these most difficult cases.
As part of delivering on the commitments under the Third National Strategy, I have strengthened the law to combat all forms of domestic, sexual and gender based violence, including by introducing new stand-alone offences of stalking and non-fatal strangulation and by doubling to 10 years the maximum sentence for assault causing harm, this being one of the most common offences in domestic violence cases. I am also progressing a new Sexual Offences Bill which will, among other things, improve supports for victims.
As the Deputy will be aware, the Garda Commissioner is responsible for the management of An Garda Síochána, and all Garda operations, including the recording of charges.
In relation to the recording of convictions, the Deputy will also be aware that management of the courts, including operational matters and logistical functions, are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.
The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie.
To be of assistance, I have contacted both agencies on the Deputy's behalf.
In relation to breaches of domestic violence orders, An Garda Síochána have provided the following information:
|
|
2021 |
2022 |
2023 |
|||
|
Incident Type |
Incidents |
Arrests |
Incidents |
Arrests |
Incidents |
Arrests |
|
Breach of Barring Order |
742 |
411 |
697 |
356 |
664 |
316 |
|
Breach of Interim Barring Order |
144 |
107 |
137 |
80 |
159 |
95 |
|
Breach of Protection Order |
2096 |
1302 |
2305 |
1353 |
2440 |
1275 |
|
Breach of Safety Order |
1693 |
1072 |
1598 |
924 |
1841 |
991 |
|
Grand Total |
4675 |
2892 |
4737 |
2713 |
5104 |
2677 |
*This is operational data taken from PULSE on 4 April 2024 and is liable to change.
I am informed by the Court Service that they can only provide details of convictions that have been before the court, irrespective of when the report was made to An Garda Síochána.
The Courts Service have provided statistics on the number of convictions in cases that have been before the Courts for the years 2021, 2022, 2023 and the table below outlines the number of offences and the number of persons in the District Court where convictions haven been recorded for the period January 2021 – December 2023.
|
Year |
Number of Offences where convictions were recorded |
Number of Persons Convicted |
|
2021 |
782 |
530 |
|
2022 |
699 |
502 |
|
2023 |
815 |
542 |
|
Total |
2296 |
1574 |
* Courts can only provide data in relation to where offence codes provided on the system were used by prosecutors. Prosecutors may have used uncoded free text offences and any such offences would not be included in the data provided.
922. Deputy Thomas Gould asked the Minister for Justice whether legislation exists, or has been considered, to regulate solicitors acting for family members. [15079/24]
Amharc ar fhreagraSection 13 of the Legal Services Regulation Act 2015 provides that the Legal Services Regulatory Authority (LSRA) shall regulate the provision of legal services by legal practitioners and shall ensure the maintenance and improvement of standards in the provision of such services in the State.
The Deputy may wish to note that, in performing its functions in that regard, the LSRA inter alia has regard to the objectives of promoting and maintaining adherence to certain professional principles. These professional principles include that legal practitioners shall act with independence and integrity, that they will act in the best interests of their clients, and that they will maintain proper standards of work.
The Deputy will appreciate that these are overarching principles and so apply regardless of any family relationship to the client. Subject to the Legal Services Regulation Act 2015, the Authority is independent in the performance of its functions.
