Written Answers Nos. 278-297
278. Deputy Catherine Murphy asked the Minister for Justice if he will clarify whether there are formal arrangements in place for the exchange of data and-or intelligence between An Garda Síochána and the PSNI. [20287/23]
View answerAs Minister for Transport, I have responsibility for policy and overall funding in relation to public transport.
The National Transport Authority (NTA) has statutory responsibility for securing the provision of public passenger transport services nationally. The NTA also has national responsibility for integrated local and rural transport, including the Rural Transport Programme management, which operates under the TFI Local Link brand.
In light of the NTA's responsibilities for public transport services, including in County Sligo, I have referred your question to the NTA for direct reply to you. Please advise my private office if you do not receive a reply within ten working days.
279. Deputy John Paul Phelan asked the Minister for Justice his Department's views on the current level of involvement, if any, of current or former members of Sinn Féin or the Provisional IRA in organised crime on the island of Ireland; how such activity is being monitored by the Government; and if he will make a statement on the matter. [20314/23]
View answerThe Deputy will appreciate that the Garda Commissioner is, by law, responsible for the management of operational matters and it would not be appropriate for me, as Minister for Justice, to comment on intelligence or to speculate in relation to individuals associated with specific political parties.
The Deputy will, however, also appreciate that it is long recognised that there are inextricable links between organised crime and dissident terrorist organisations in this jurisdiction.
I can assure the Deputy that tackling organised criminal activity remains an overriding priority for An Garda Síochána and the Government. While we should not underestimate the challenges and danger which the Garda authorities face in tackling organised crime, and its links with terrorist organisations, we continue to see the significant results of their efforts in the arrests made and people being brought before the Courts. This is evident both here and in other jurisdictions, as indeed are the ongoing drugs and firearms seizures made.
An Garda Síochána tackles organised criminal activity through a range of targeted measures designed to disrupt and dismantle the operations of criminal organisations. To the greatest extent possible, these measures include the use of advanced analytical and intelligence methodologies.
The additional resources allocated to An Garda Síochána in recent years have enabled the Garda Commissioner to assign extra resources to the specialist units involved in tackling organised crime, including the Armed Support Unit (ASU), the Garda National Drugs and Organised Crime Bureau (GNDOCB), the National Bureau of Criminal Investigation (NBCI), and the Criminal Assets Bureau (CAB).
An Garda Síochána uses a range of multi-disciplinary approaches and cross border partnerships to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted. Such approaches include the use of money-laundering legislation and the powers available to CAB under the proceeds of crime legislation.
Other measures taken to tackle organised crime include the strengthening of legislation where required; the establishment of a second Special Criminal Court in 2016; and the establishment of Garda Armed Response Units in all Garda regions which are available to support all divisions countrywide.
280. Deputy Thomas Pringle asked the Minister for Justice if he will provide details on the anticipated timeframe for the enactment of hate crime legislation; if he will confirm when he expects the Bill to commence Fourth Stage in Dáil Éireann; if he will outline details of the work being carried out by his Department, if any, on the implementation and complementary measures to assist the rollout of this legislation, such as a public information campaign, training of judges and prosecutors, educational measures and victim support; and if he will make a statement on the matter. [20348/23]
View answerThe Minister of State at the Department of Justice, James Browne TD, brought the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 through final stages in the Dáil on April 26th. Following agreement by that House the Bill will now go to the Seanad to be debated
The Bill will create new, aggravated forms of certain existing criminal offences – i.e. hate crimes - where those offences are aggravated by hatred of a protected characteristic.
It will also strengthen the law around incitement to violence or hatred - or hate speech – by reflecting the current context more accurately, including in relation to online hateful content.
This is an important Bill which will provide security to members of Ireland’s most vulnerable and minority communities, who have lived in fear for too long.
A considerable body of work has been undertaken by my Department to ensure that the new legislation is well researched, well balanced, and grounded in the lived experiences and reality of what individuals facing hate speech and hate crime in this country actually need.
A widespread public consultation was carried out a few years ago which drew almost 4,000 responses. My officials analysed the submissions received, drawing findings and conclusions. These findings and conclusions were collated in a report on the public consultation, which was published in December 2020.
My Department also conducted comparative research on approaches to hate crime and hate speech legislation in neighbouring jurisdictions to learn from experiences elsewhere.
In April 2021, after the legislative proposals for the Bill were published, it was referred to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny which took place in November 2021.
The Justice Committee’s Report on Pre-Legislative Scrutiny of the General Scheme was published in April 2022. Since publication of that report, my Department has carefully considered all of the recommendations made by the Committee. Certain provisions were re-opened for examination and additional consultation and research was conducted as the Committee recommended that some provisions be strengthened. This includes in relation to how hate crimes should be proven and my officials liaised with counterparts in the UK and Northern Ireland and with An Garda Síochána and the Office of the Director of Public Prosecutions on different approaches that could be adopted here.
Following these additional consultations, the Government agreed that a demonstration test for hate crime offences would be introduced in the new legislation. This change is reflected in the final version of the Bill.
This legislation will be on the basis of an aggravated offences model. It will be supported by training across the criminal justice system, as well as victim supports.
I can advise the Deputy that An Garda Síochána takes hate crime seriously and is strongly committed to engaging proactively and respectfully with all members of society, and, in particular, those from minority groups and diverse backgrounds. The Garda National Diversity and Integration Unit monitor all incidents recorded on Pulse that have a discriminatory motive attached to it. They advise, support and assist investigating Gardaí across the country who are investigating such incidents.
There are currently now over 480 specially-trained Garda Diversity Officers (GDOs) across every Garda division. Their role is to liaise with representatives of the various minority/diverse communities in their division, establish communication links, inform and assure these communities of Garda services and provide support to victims of hate crime. Since 1st April 2022 it is also mandatory for all Garda Personnel, of all ranks and grades, to complete online Hate Crime training which includes a full section devoted to bias motivations.
More information on supports and services are available on the dedicated website www.victimscharter.ie
281. Deputy Michael Healy-Rae asked the Minister for Justice if he will commit to meet with the representatives of the Firearms Users Representative Group (FURG) in respect of the review of firearms legislation; if so, when; if not, the reason; and if he will make a statement on the matter. [20351/23]
View answer288. Deputy Mattie McGrath asked the Minister for Justice if he will ensure that both he and the Firearms Expert Committee immediately engage and consult with a group (details supplied) in a meaningful way and to appoint a representative from the group to the Firearms Expert Committee; and if he will make a statement on the matter. [20437/23]
View answer293. Deputy Mattie McGrath asked the Minister for Justice if he will give assurances that any proposals brought forward by the Firearms Expert Committee will be backed by publicly available data and that all impacted parties will have a voice in the final decisions being made, including the actual firearms owners and those who will be most impacted by increased restrictions; and if he will make a statement on the matter. [20485/23]
View answer
Question No. 88 answered with Question No. 30.
282. Deputy Neasa Hourigan asked the Minister for Justice if his Department has consulted the Data Protection Commissioner or carried out a data protection impact assessment in relation to the property marking scheme; and if he will make a statement on the matter. [20367/23]
View answerIn recent years and particularly during the Covid-19 pandemic, many local authorities have sought to implement certain traffic and transport related measures on roads and streets. The types of measures developed included widening of footpaths to accommodate social distancing, development of temporary cycling facilities, enhancing pedestrian movement including additional pedestrianisation, alterations to bus stops/routes. Most of the interventions were implemented through temporary construction involving bollards, pencil cones, plastic barriers, road markings and signage. The two main legislative provisions to enable the implementation of the above physical measures are: Section 95 of the Road Traffic Act 1961 (as amended by Section 37 of the Road Traffic Act 1994) and Section 38 of the Road Traffic Act 1994.
My department along with the NTA and local authorities are currently working on new guidelines to better support the use of Section 38 to include the potential piloting of traffic schemes which in turn should facilitate better engagement with the public as well as helping to improve design for final implementation beyond pilots. As part of this work separate guidelines supporting the reallocation of street space are also being developed. The guidelines supporting the use of Section 38 will be designed to be complementary to existing procedures and guidelines in use but will allow for additional options for local authorities, supporting the roll-out of traffic and transport related measures on roads and streets. The development of these guidelines is well advanced and I look forward to their publication in the coming months.
283. Deputy Patrick Costello asked the Minister for Justice if he will provide an update on the work of the legal aid review group; when he expects the review to be concluded; and if he will make a statement on the matter. [20402/23]
View answerIn line with similar national processes, an independent Chairperson was selected to chair the Consultative Forum on International Security Policy.
The Chair was appointed having regard to the remit of the Consultative Forum and, consequently, to the competencies, skills and experience required to conduct same.
Louise Richardson DBE, the highly-respected President of the Carnegie Corporation and former vice-Chancellor of the University of Oxford, has agreed to take on the important role.
I am confident that Ms. Richardson, who is a native of County Waterford, and a distinguished political scientist with a strong expertise in security policy in her own right, will play a hugely positive role in chairing and overseeing the discussions.
284. Deputy Joe McHugh asked the Minister for Justice if he will make direct contact with a person (details supplied). [20417/23]
View answerThe Deputy may be interested to note that this person has contacted my Department directly. I am currently considering a response and will notify the Deputy when this response has been issued to the correspondent.
285. Deputy Bríd Smith asked the Minister for Justice if the review (details supplied) of the effects of the Part 4 of the Criminal Law (Sexual Offences) Act 2020 has been published and laid before the Houses of the Oireachtas; if not, if he will clarify what the delay was, given that he has replied several times that the review was imminent; if he will now clarify the date for same; and if he will make a statement on the matter. [20425/23]
View answerAs the Deputy is aware, a key purpose of the 2017 Sexual Offences Act was to provide additional protection to persons involved in prostitution, especially vulnerable persons and victims of human trafficking.
It allows those engaged in prostitution to provide information to Gardaí, for instance if they were subjected to violence by clients, without fear of prosecution for selling sexual services. Section 27 of the Act provides for the review to which the Deputy's question refers. As the Deputy is aware, my Department commissioned an independent consultant to undertake this statutory review, the outcome of which is awaited.
I can assure the Deputy that I am anxious to receive the report so that consideration can be given to advancing any recommendations needed to further strengthen protection for those who engage in sexual activity for payment.
In relation to the delay in finalising the report, I can advise the Deputy that the study lead was also working to complete another study which has been finalised and submitted to me and I understand that her attention has now returned to the Part 4 review.
I have also instructed my officials to engage with the study lead to agree a completion date for finalisation of the report, while of course respecting the independence of the review.
I can assure the Deputy that once received, any recommendations made in the report will be considered as a priority.
286. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for permission to remain in the State on the basis of parentage of an Irish citizen child in the case of a person (details supplied) which was submitted on 1 February 2023; and if he will make a statement on the matter. [20432/23]
View answerAn application for permission to remain in the State based on parentage of an Irish Citizen Child (ICCA) was received from the person referred to by the Deputy on 07 February 2023 and continues to be examined by my Department.
In order to be fair to all applicants, applications are dealt with in chronological order. My Department endeavours to process all applications as quickly as possible. However, processing times may vary due to a number of factors, such as the number of applications on hand, the complexity of applications, whether further information is required, and the resources available.
Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the email service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
287. Deputy Alan Farrell asked the Minister for Justice the number of knife crime prosecutions that have been confirmed since 2002; and if he will make a statement on the matter. [20435/23]
View answerAs the Deputy will be aware, prosecutions are a matter for the Director of Prosecutions, who is fully independent in her functions under Section 2(5) of the Prosecution of Offences Act 1974 (as amended).
As Minister I have no role in the operations, functions, governance or oversight of the Office of the DPP and am unable to provide any information or statistics relating to the Director's work as a result.
Additionally, management of the courts, 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 referred the Deputy's question to the Courts Service for reply.
289. Deputy Noel Grealish asked the Minister for Justice if he will consider interim changes to the Guardianship of Infants Act 1964, whereby it will allow psychotherapists to provide reports if that psychotherapist is already working with the courts under section 32(1)a, and if they are designated professionals who have practised or provided a service specifically for children or adolescents for a period of not less than five years with the ten years immediately preceding their appointment, and provided they meet all other criteria (details supplied); and if he will make a statement on the matter. [20449/23]
View answer296. Deputy Noel Grealish asked the Minister for Justice given that the Guardianship of Infants Act 1964, section 32(1)(a), allows psychotherapists to provide reports on the welfare aspect, but not section 32(1)(b) voice of the child reports, and given that it may take years for CORU to establish a register of psychotherapists, if he will consider interim changes to the Act to allow psychotherapists to provide reports if that psychotherapist is already working with the courts under section 32(1)(a), if they are designated professionals who have practised or provided a service specifically for children or adolescents for a period of not less than five years with the ten years immediately preceding their appointment, and provided they meet all other criteria; and if he will make a statement on the matter. [20604/23]
View answerI propose to take Questions Nos. 289 and 296 together.
As indicated in my response to PQ No. 13251 of 21 March 2023, the Guardianship of Infants Act 1964 (Child's Views Expert) Regulations 2018 (S.I. No. 587 of 2018) specify the necessary qualifications and experience of child’s views experts appointed under section 32(1)(b) of the Guardianship of Infants Act 1964 in private family law proceedings. The Regulations provide that the following may be appointed to perform the functions of child’s views expert: a psychiatrist, a psychologist, a social care worker, a social worker or a teacher. The Regulations specify that the designated professionals must be registered with a relevant regulatory body such as the Medical Council, the Teaching Council or the Health and Social Care Professionals Council (CORU). The Regulations provide that all designated professionals must have practised or provided a service specifically for children or adolescents and provided that service for a period of not less than 5 years within the 10 years immediately preceding their appointment.
Registration of health and social care professionals is a matter for CORU, the body charged with regulating the health and social care professions, under the Health and Social Care Professionals Act 2005. Responsibility for this legislation and its associated agencies falls under the remit of the Department of Health.
On 16th November, Minister McEntee published the first Family Justice Strategy which sets out a vision for a family justice system of the future - a system that will focus on the needs and rights of children, assist their parents in making decisions that affect all of the family, one that makes it easier for vulnerable parents and families to get support and make informed decisions.
Among the actions in the Family Justice Strategy, under the Goal of Supporting Children, is an examination of the role of expert reports including section 47 and 32 reports - in the family law process, the commissioning and availability of these reports, their content and use, and the registration and other requirements of the various professionals proving these services. This review is progressing with a set of recommendations to be produced by the end of this year. Later in the year, a Working Group will be established to review the effectiveness of the current arrangements for hearing the voice of the child in private family law cases.
I do not propose to amend the 1964 Act or the 2018 Regulations at this time in advance of the completion of these reviews.
290. Deputy Pauline Tully asked the Minister for Justice the number of times the Criminal Assets Bureau has hired out external quantity surveyors to carry out works on its behalf in the years of 2021, 2022 and to date in 2023; the amount paid for such works, in tabular form; and if he will make a statement on the matter. [20461/23]
View answerI am informed by the Criminal Assets Bureau that when they seize a house using proceeds of crime legislation, and they intend on selling it or preserving its value, the Bureau normally seeks advice from quantity surveyors regarding the condition and value of the property. This process allows the Bureau to seek the best recourse in recouping the best value for the Exchequer.
The below table was provide to me by the Bureau setting out the number of times a quantity surveyor was hired, and the amounts paid to them, for each of the years 2021, 2022 and to-date in 2023.
The amounts paid are attributable to properties attached to live investigations. The difference in payment amounts can be accounted for by way of property size, type, number of buildings onsite, property location, site inspections, research, evaluation and reports.
|
YEAR 2021 |
YEAR 2022 |
YEAR 2023 (to date) |
|||
|
Number |
Amt. Paid (€) |
Number |
Amt. Paid (€) |
Number |
Amt. Paid (€) |
|
1 |
2,032.80 |
1 |
2,324.45 |
1 |
1,269.36 |
|
2 |
1,452.00 |
2 |
1,180.80 |
2 |
1,328.40 |
|
3 |
726.00 |
3 |
1,918.80 |
3 |
1,328.40 |
|
4 |
2,753.72 |
4 |
1,180.80 |
4 |
1,328.40 |
|
5 |
2,013.51 |
5 |
1,835.78 |
||
|
6 |
1,180.80 |
6 |
1,476.00 |
||
|
7 |
1,328.40 |
7 |
1,476.00 |
||
|
8 |
1,576.74 |
8 |
1,476.00 |
||
|
9 |
885.60 |
9 |
1,180.80 |
||
|
10 |
885.60 |
10 |
1,033.20 |
||
|
11 |
738.00 |
11 |
1,033.20 |
||
|
12 |
885.60 |
12 |
1,269.36 |
||
|
13 |
1,476.00 |
13 |
1,269.36 |
||
|
14 |
1,623.60 |
14 |
1,269.36 |
||
|
15 |
2,029.50 |
15 |
1,416.96 |
||
|
16 |
970.47 |
16 |
1,269.36 |
||
|
17 |
1,785.47 |
1,918.80 |
|||
|
18 |
1,118.07 |
||||
|
19 |
1,118.07 |
||||
|
20 |
1,265.67 |
||||
|
21 |
1,576.74 |
||||
|
€29,422.36 |
€24,529.03 |
€5,254.56 |
|||
291. Deputy Pauline Tully asked the Minister for Justice the number of incidents of suspected needle spiking reported to An Garda Síochána in 2022 and to date in 2023, in tabular form; and if he will make a statement on the matter. [20462/23]
View answerSpiking a person’s drink or spiking someone by injection are very serious offences. These offences are, in effect, poisoning, and are criminal offences under the Non-Fatal Offences Against the Person Act 1997 that can result in a three-year prison term.
I can assure the Deputy that any incident of this type of crime, including those with evidence to suggest a link with ‘spiking’, will be investigated by either local Gardaí supported by, or attached to, Divisional Protective Services Units.
As the Deputy will appreciate, under the Garda Síochána Act 2005, as amended, the Garda Commissioner is responsible for the management and administration of Garda business, including the direction of investigation priorities and the management of the PULSE system. As Minister, I play no role in these independent policing functions.
I am advised by the Garda authorities of the following number of crime incidents reported to An Garda Síochána from 1 January 2022, in which the injured party claimed to have been ‘spiked’:
|
Year Reported |
No. Incidents |
|
2022 |
106 |
|
2023 (to date) |
* |
* Due to data protection, figures of less than 10 in a given year are not reported.
I am further advised by Gardaí that the figures contained in the table for 2022 are based on data obtained from PULSE on 14 February 2023. I am also informed by Gardaí that crime counting rules were not applied to the data and all figures are operational and liable to change. I understand from An Garda Síochána that counts are based on the presence of key text within the incident narrative and claims made by the injured party only and do not consider incident type or the result of any toxicology testing in relation to the incident.
292. Deputy Pauline Tully asked the Minister for Justice the number of full-time civilian grooms persons working in the Garda mounted unit in 2021, 2022 and to date in 2023, in tabular form; and if he will make a statement on the matter. [20463/23]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the administration of An Garda Síochána, including recruitment and the management of Garda resources. As Minister, I have no direct role in these matters.
I am advised that at 26 April 2023 there were 2 full time civilian Grooms working in the Garda mounted unit.
|
Grooms |
|
|
31/12/2021 |
2 |
|
31/12/2022 |
2 |
|
26/04/2023 |
2 |
294. Deputy Catherine Murphy asked the Minister for Justice the number of gardaí by rank attached to each Garda divisional protective services unit as of 25 April 2023, in tabular form. [20503/23]
View answerI have requested the information sought by the Deputy, however, this information was not available in time. I will write to the Deputy once the information is to hand.
295. Deputy Catherine Murphy asked the Minister for Justice if funding has been provided in 2023 to purchase additional Garda prisoner transport vans. [20504/23]
View answerAs Minister for Transport, I have responsibility for overall policy and exchequer funding in relation to the National Roads Programme. Under the Roads Acts 1993-2015 and in line with the National Development Plan (NDP), the planning, design and construction of individual national roads is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned. This is also subject to the Public Spending Code and the necessary statutory approvals. In this context, TII is best placed to advise you on the status of the N22 Baile Bhuirne to Macroom project, which includes the completed Macroom Bypass.
Noting the above position, I have referred your question to TII for a direct reply. Please advise my private office if you do not receive a reply within 10 working days.
With regards to the active travel and public transport improvements on completion of the project, as Minister for Transport I have responsibility for policy and overall funding in relation to active travel and public transport. Individuals projects funded by my Department are the responsibility of the National Transport Authority (NTA) in conjunction with the relevant local authorities.
Noting the role of the NTA in the matter, I have referred your question relating to potential Active Travel and Public Transport projects in or near Macroom to that agency for a more detailed answer. If you do not receive a reply within 10 working days, please contact my private office.
297. Deputy Bríd Smith asked the Minister for Justice if he has plans to amend Article 19A of the Criminal Law (Sexual Offences) Act 2017, which allows for the provision of counselling therapy records of a victim of sexual abuse to be made available to the accused abuser; and if he will make a statement on the matter. [20609/23]
View answerProtecting and supporting victims of sexual violence is a key priority for me and for my Department and I am keenly aware of the devastating physical and emotional consequences such crimes have on victims.
The Department of Health is leading on a review of the issue of disclosing counselling records on foot of an action in the Third National Strategy on Domestic, Sexual and Gender Based Violence (DSGBV).
The issue is a complex one and the purpose of the Health-led review is to look afresh at whether the legislation strikes the right balance or whether there is a case for strengthening the victim’s right to privacy.
The accused’s right to a fair trial entails a right to disclosure of any material that may strengthen their case or weaken that of the prosecution. Counselling records might contain such material, and on that basis it would not be legally possible to exclude counselling records from release in all cases. The accused’s right to a fair trial also places the onus on the prosecution to disclose all relevant information.
The Health-led review will look at whether or not the correct balance is struck between these conflicting rights, and, as part of that, will consider if a judge should examine the counselling records in all cases to decide if there is relevant information of evidential value that should to be disclosed to the defence.
The Deputy may be aware that the O’Malley Review of Protections for Vulnerable Witnesses recommended that the existence of section 19A be brought to the attention of victims and any persons advising them so that victims are aware of their right to object to the disclosure of counselling records. Relevant statutory agencies are complying fully with this recommendation.
To further support and protect victims of sexual crimes, other work is underway. The Criminal Law (Sexual Offences and Human Trafficking) Bill, which will be published later this year, will implement other legislation-related recommendations arising from the O’Malley Review, including:
• Extending victim anonymity to further categories of victims
• Exclusion of the public from sexual offences trials.
• Repealing provisions for sentences to be delivered in public
• Extending legal representation for victims
The Deputy may also be aware that the Criminal Procedure Act 2021 introduced Preliminary Trial Hearings to address certain matters before a trial begins, such as the disclosure of counselling records. The use of Preliminary Trial Hearings will help ensure a more efficient court process for sexual offences victims.
