Written Answers Nos. 298-317
298. Deputy Ivana Bacik asked the Minister for Justice when the criminal justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 will return to Seanad Éireann; if she will prioritise the passage of the legislation; and if she will make a statement on the matter. [27102/24]
View answerThe introduction of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 meets an important commitment made in the programme for Government to update existing incitement to hatred laws which pre-date online and social media communications, and to introduce hate crime offences for the first time in Ireland. However, I acknowledge that a number of concerns have been raised in relation to the incitement to hatred or violence provisions, and I am considering appropriate amendments.
It is my intention to bring the Bill through the Houses in due course. This Bill is one of several important Justice Bills currently before the Oireachtas, and scheduling is a matter for the Oireachtas.
299. Deputy Neasa Hourigan asked the Minister for Justice her plans to alter the time limit beyond the current 12 months during which a refugee or a person with subsidiary protection can apply for family reunification; and if she will make a statement on the matter. [27110/24]
View answerFamily reunification as provided for in S56 of the International Protection Act 2015, allows people granted International Protection to apply for certain family members to join them in the State.
An application for family reunification must be made by the sponsor within 12 months of them being granted an International Protection permission and is subject to the provisions of the International Protection Act 2015.
There are no plans to amend the legislation provisions in this regard at this time.
Information on how to apply for family reunification as provided for in the International Protection Act 2015 is available on my Department's website here: www.irishimmigration.ie/coming-to-join-family-in-ireland/family-reunification-of-international-protection-holders/ .
Non-EEA nationals legally resident in Ireland who do not meet the criteria as provided for in the International Protection Act 2015, should also be aware of my Department’s “Policy on Non-EEA Family Reunification in Ireland”, available here: www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf .
This policy document, which is currently under review, sets out the criteria and requirements for any person considering making a family permission application.
300. Deputy Carol Nolan asked the Minister for Justice if a repatriation agreement remains in place between Ireland and Nigeria; if not, when the agreement ended; the number of persons repatriated under the agreement since it came into effect; the total costs incurred for repatriation of these individuals; and if she will make a statement on the matter. [27159/24]
View answerA bilateral agreement on Immigration Matters was put in place in 2001 between the Irish Government and the Federal Republic of Nigeria to establish a formal framework for readmissions and related immigration matters. While the agreement was never officially ratified by Nigeria, Ireland receives good cooperation from the Nigerian authorities on readmission of their citizens and both States operate in the spirit of the agreement.
Since 2011, 807 Nigerian citizens who have been refused permission to remain in the State have left the state under various mechanisms. A total of 96 people left the state under a voluntary return scheme while a total of 711 people left following the issuing of a Deportation Order.
Over 400 of these individuals were confirmed as having left the state when issued with the deportation order and no costs were incurred by my Department while approximately 300 people were the subject of enforced deportations.
A detailed breakdown of the cost of each deportation is not available.
I can advise the Deputy that while an average deportation flight to Nigeria would currently cost in the region of €1,600 per person, there are also significant costs associated with the Garda National Immigration Bureau who provide the necessary security escorts for such removals. Therefore the total costs vary depending on the operational complexities and any security or welfare considerations of a particular operation. There were four enforced deportations to Nigeria since January 2023 and the average total cost of each of these operations amounted to €21,912 per case.
I am taking a number of actions to improve immigration enforcement, including around the enforcement of deportation orders. My Department are taking over the immigration registration from An Garda Síochána which will free up 100 Gardaí for other immigration enforcement work, including deportation orders. My Department has also recently commenced the tender process for a charter airplane service which would be able to return persons who have had their international protection application rejected.
301. Deputy Thomas Pringle asked the Minister for Justice the number of applications, the time taken for a decision and whether the decision has been to grant or refuse applications for visas, by country of origin for the past five years, in tabular form; and if she will make a statement on the matter. [27223/24]
View answerIt has not been possible to respond to the Deputy in the time available.
I will write to the Deputy directly once the information is to hand.
302. Deputy Fergus O'Dowd asked the Minister for Justice the number of contracted staff, full-time and part-time, employed by her Department, and by any body or entity under the aegis of the Department, who are specifically assigned to processing freedom of information requests (details supplied), in each of the past three years; the Civil Service grade of each; the number of freedom of information requests dealt with by her Department, or any body or entity under its aegis, in each of the past three years; and if she will make a statement on the matter. [27237/24]
View answerIt has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand.
|
Organisation |
2021 |
2022 |
2023 |
2024 to Date |
|
Department of Justice1 |
903 |
696 |
939 |
573 |
|
The Courts Service of Ireland |
172 |
136 |
135 |
77 |
|
Data Protection Commission |
56 |
40 |
52 |
20 |
|
Irish Film Classification Office |
4 |
3 |
6 |
4 |
|
Insolvency Service of Ireland |
5 |
6 |
4 |
5 |
|
Judicial Council |
15 |
5 |
10 |
2 |
|
Legal Aid Board |
31 |
23 |
27 |
15 |
|
Legal Services Regulatory Authority |
20 |
18 |
15 |
9 |
|
Property Services Regulatory Authority |
10 |
18 |
10 |
4 |
|
International Protection Appeals Tribunal |
2 |
4 |
14 |
16 |
|
Irish Prison Service |
296 |
275 |
314 |
151 |
|
Office of the Inspector of Prisons |
1 |
5 |
1 |
8 |
|
Parole Board |
0 |
1 |
4 |
6 |
|
Probation Service |
15 |
21 |
23 |
9 |
|
An Garda Síochána |
448 |
455 |
447 |
219 |
|
Forensic Science Ireland |
5 |
8 |
21 |
6 |
|
Garda Síochána Inspectorate |
6 |
0 |
0 |
0 |
|
Organisation |
2021 |
2022 |
2023 |
2024 to Date |
|
Garda Síochána Ombudsman Commission |
70 |
40 |
60 |
22 |
|
Policing Authority |
16 |
9 |
7 |
1 |
|
Cuan (Established 2024) |
- |
- |
- |
1 |
|
Mental Health (Criminal Legislation) Review Board |
0 |
0 |
1 |
0 |
|
Department/Agency |
Assistant Principal 2021 |
Higher Executive Officer 2021 |
Other Grades 2021 |
Assistant Principal 2022 |
Higher Executive Officer 2022 |
Other Grades 2022 |
Assistant Principal 2023 |
Higher Executive Officer 2023 |
Other Grades 2023 |
|
Department of Justice |
1 |
2 |
3 |
1 |
2 |
3 |
1 |
1 |
3 |
|
The Courts Service of Ireland |
1 |
1 |
1 |
1 |
1 |
1 |
|||
|
Data Protection Commission |
1 |
1 |
1 |
1 |
1 |
1 |
|||
|
Irish Film Classification Office |
1 |
1 |
1 |
||||||
|
Insolvency Service of Ireland |
1 |
1 |
1 |
||||||
|
Judicial Council |
1 |
1 |
1 |
||||||
|
Legal Aid Board |
1 |
1 |
1 |
||||||
|
Legal Services Regulatory Authority |
1 |
1 |
1 |
||||||
|
Property Services Regulatory Authority |
1 |
1 |
1 |
||||||
|
International Protection Appeals Tribunal |
1 |
1 |
1 |
||||||
|
Irish Prison Service |
1 |
2 |
1 |
2 |
1 |
2 |
|||
|
Office of the Inspector of Prisons |
1 |
1 |
1 |
||||||
|
Parole Board |
1 |
1 |
1 |
|
Department/Agency |
Assistant Principal 2021 |
Higher Executive Officer 2021 |
Other Grades 2021 |
Assistant Principal 2022 |
Higher Executive Officer 2022 |
Other Grades 2022 |
Assistant Principal 2023 |
Higher Executive Officer 2023 |
Other Grades 2023 |
|
Probation Service |
1 |
1 |
1 |
||||||
|
An Garda Síochána* |
* |
* |
* |
* |
* |
* |
* |
* |
* |
|
Forensic Science Ireland |
1 |
1 |
1 |
||||||
|
Garda Síochána Inspectorate |
1 |
1 |
1 |
||||||
|
Garda Síochána Ombudsman Commission |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
2 |
|
|
Policing Authority |
1 |
1 |
1 |
||||||
|
Mental Health (Criminal Legislation) Review Board |
1 |
1 |
1 |
303. Deputy Darren O'Rourke asked the Minister for Justice the number of prisoners in each prison on 31 May 2022, 2023 and 2024, in tabular form. [27255/24]
View answerThe Irish Prison Service must accept into custody all people committed to prison by the Courts Service. As such, the Irish Prison Service has no control over the numbers committed to custody at any given time.
I am advised by the Irish Prison Service that the information requested by the Deputy in relation to the number of prisoners in custody in each of the prisons is published on a daily basis and is available on the Irish Prison Service website www.irishprisons.ie . This information can be located in the Information Centre – under Statistics & Information – Daily Prisoner Population.
To be of assistance, the Irish Prison Service have extracted the information requested from their website and the number of prisoners in custody as at 31st May 2022, 31st May 2023 and 31st May 2024 is provided in the table below .
|
Institution |
31 May 2022 |
31 May 2023 |
31 May 2024 |
|
Mountjoy Prison(Male) |
727 |
801 |
887 |
|
Mountjoy Prison (Female) |
137 |
162 |
180 |
|
Cloverhill Prison |
420 |
446 |
485 |
|
Wheatfield Prison |
547 |
569 |
624 |
|
Midlands Prison |
870 |
918 |
959 |
|
Portlaoise Prison |
213 |
219 |
237 |
|
Cork Prison |
263 |
302 |
338 |
|
Limerick Prison (Male) |
213 |
287 |
316 |
|
Limerick Prison (Female) |
33 |
45 |
73 |
|
Castlerea Prison |
348 |
375 |
388 |
|
Arbour Hill Prison |
130 |
135 |
134 |
|
Loughan House |
107 |
135 |
123 |
|
Shelton Abbey |
96 |
109 |
108 |
|
Training Unit |
0* |
95 |
98 |
|
Total |
4,104 |
4,598 |
4,950 |
* The Training Unit closed on 12th May 2017 and was re-opened on 18th July 2022
304. Deputy Darren O'Rourke asked the Minister for Justice the number of wardships that have been discharged since the introduction of the Assisted Decision-Making (Capacity) Act 2015 and the decision support service; the number of wardships remaining in Ireland; and if she will make a statement on the matter. [27259/24]
View answerManagement 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 at: oireachtasenquiries@courts.ie.
I have referred your question to the Courts Service for their direct reply.
305. Deputy Cathal Crowe asked the Minister for Justice if she will approve an appeal for regularisation (details supplied); and if she will make a statement on the matter. [27298/24]
View answerAn appeal under the Regularisation of Long Term Undocumented Migrants Scheme by the first and second named persons referred to by the Deputy was refused on 13 March 2024. A separate appeal from the third named person was refused on 23 February 2024.
The persons concerned are the subject of a Deportation Order and any person subject to a Deportation Order can apply to the Minister, under section 3(11) of the Immigration Act 1999 (as amended), to have their Deportation Order revoked. That position applies equally to deportation orders made under section 3 of the Immigration Act 1999 (as amended) and under section 51 of the International Protection Act 2015.
However, for any such request, to have a realistic chance of having a favourable outcome, it would need to be founded on new information or changed circumstances which were not put before the Minister for Justice, nor were capable of being put before the Minister for Justice, when the decision to make a Deportation Order was taken. Where such a request is made, the outcome of that request will be that the existing Deportation Order will either be ‘affirmed’ or ‘revoked’.
The persons concerned should direct any further queries to the Repatriation Division of my Department's Immigration Service by email to repatadmin@justice.ie or by post to the following address:
Repatriation Division,
Immigration Service,
Department of Justice and Equality,
13-14 Burgh Quay,
Dublin 2,
D02 XK70
Ireland.
Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility (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 email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
306. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine to provide details relating to insurance claims Coillte has had for all licensed and unlicenced cycling events on its property since 1 January 2019 (details supplied); and if he will make a statement on the matter. [26741/24]
View answerCoillte is a private limited company established under the Forestry Act 1988, and is operationally independent from the Department of Agriculture, Food and the Marine.
The matter raised is an internal operational matter for Coillte. I have referred the matter to Coillte for direct follow-up with the Deputy.
307. Deputy Willie O'Dea asked the Minister for Agriculture, Food and the Marine when a pension will be paid to a person (details supplied); and if he will make a statement on the matter. [26753/24]
View answerMy officials have liaised with the National Shared Services Office (NSSO) on this matter, as the NSSO has responsibility for the payment of pensions to civil servants and/or their spouses. I can confirm that the Spouse Application letter and required forms were issued to the person mentioned recently. Once these have been returned to the NSSO, they will be in a position to review the payment.
308. Deputy Martin Browne asked the Minister for Agriculture, Food and the Marine the basis upon which site clearance grants under the RUS scheme was determined as reflecting a cost of €2,000 per hectare; and if he will make a statement on the matter. [26809/24]
View answer309. Deputy Martin Browne asked the Minister for Agriculture, Food and the Marine the basis upon which the climate action performance payment has been capped at €5,000; his views on how this cap does not reflect the additional cost incurred in removing older trees as opposed to younger ones; if he intends to review this; and if he will make a statement on the matter. [26810/24]
View answerI propose to take Questions Nos. 308 and 309 together.
Under the Reconstitution Scheme for Ash Dieback, the Site clearance costs were actually doubled , from €1,000 to €2,000 per hectare. These grant costs were approved by the EU Commission under the new forestry programme last year and have been accepted as reasonable by the independent group who reviewed ash dieback supports.
The Climate Action Performance Payment Scheme is an additional payment which recognises the action of clearing sites and replanting and the contribution that these actions make to climate change mitigation measures. The payment is not related to the cost of actions/operations under the reconstitution scheme. In arriving at this payment my Department was cognisant of the need for fairness, equity and value for money under the public expenditure code, the requirements under State Aid Regulations, and national and international deforestation obligations.
The entire financial package for addressing Ash Dieback is in excess of €230 million which is a significant commitment by government towards dealing with this challenging issue.
310. Deputy Martin Kenny asked the Minister for Agriculture, Food and the Marine if he will give an undertaking that the re-wetting of land under the nature restoration Bill will be on a voluntary basis for farmers and that it will not be made compulsory in the future; and if he will make a statement on the matter. [26857/24]
View answerThe Government, and I through my position on the AgriFish Council, secured additional flexibilities in the legal text of the Nature Restoration Law (NRL) to both support farmers and to recognise our specific Irish circumstances. As a result of this intervention, the targets for restoration and rewetting of drained organic soils were reduced from the original proposal. This means the total area for restoration now targets 50% of such area by 2050, rather than 70% as originally proposed, with a third to be rewetted, rather than a half.
The legal obligation to achieve NRL targets is on the Member States not individual landowners. The existing national commitments to rewet 33,000 hectares of Bord na Móna lands are sufficient to deliver the NRL rewetting targets without recourse to privately owned land to 2050. This fact is a strong reassurance to farmers that there will be no obligatory requirement on farmers to rewet land due to the NRL. Any restoration measures that landowners choose to participate in will be voluntary and will be appropriately incentivised.
311. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 65 of 13 June 2024, while those granted aid by his Department from 1990 are all eligible for climate action performance payment; if plantations granted aid before 1990 are excluded from the climate action performance payment; and if he will make a statement on the matter. [26885/24]
View answer312. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 65 of 13 June 2024, the future for plantations and their owners who qualify for climate action performance payment yet cannot receive payment if the €79.5 million of funding has been exhausted; and if he will make a statement on the matter. [26886/24]
View answer313. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine further to the reconstitution of the ash dieback scheme 2023-2027 page 13, while ash planted as a component of additional broadleaved planting in conifer plots are not eligible for the scheme, the number of individuals and hectares he is referring to; and if he will make a statement on the matter. [26887/24]
View answerI propose to take Questions Nos. 311, 312 and 313 together.
It is the case that 1990 marked the commencement of planting under the first of the national afforestation programmes. There were a very small number of grant-aided ash planted prior to 1990 and if a forest owner can supply evidence of such grant-aided planting, their application under the Reconstitution Ash Dieback Scheme will be considered. If they meet the conditions of clearing and replanting under the reconstitution scheme they will then be eligible for the Climate Action Performance Payment.
The Reconstitution Scheme for Ash Dieback does state that “ash planted as a component of additional broadleaved plants in conifer plots is not eligible for the scheme”. The additional broadleaved planting referred to is mainly for landscaping purposes and in the main has featured alder and birch trees, with some other tree species, including ash. These tend to be a small number of trees that can be spread throughout a conifer stand or sometimes next to water courses. They are not accounted for as ash plots and are therefore not eligible under the Scheme.
In terms of the €79.5 million budget for the Climate Action Performance Payment this is based on an uptake of almost 16,000 hectares of ash forests grant aided since 1990 and even taking consideration of some planting prior to 1990 will I believe be sufficient to cover all applications.
314. Deputy Réada Cronin asked the Minister for Agriculture, Food and the Marine the location to which horses at a facility (details supplied) were transported; the conditions in which they were transported; for what purpose they were transported; if their safety and current location have been established; and if he will make a statement on the matter. [26910/24]
View answer322. Deputy Réada Cronin asked the Minister for Agriculture, Food and the Marine if he authorised the transport of horses from the lands adjoining a company (details supplied); the number of horses; their current location; if they are still alive; if they have been slaughtered; if not, what is their fate; who moved the horses and in whose suitable care they were entrusted prior to and during transport; if each horse had a full veterinary check, especially given some might be ill or lame; if the transport was suitable for ill or lame animals; if each equine ID and microchip was cross-checked and recorded; and if he will make a statement on the matter. [27196/24]
View answerI propose to take Questions Nos. 314 and 322 together.
The Deputy will appreciate that the matters referred to are the subject of an ongoing and active investigation by my Department and consequently I am limited in what I can say, however I can confirm that my Department is actively engaged on this matter and that if any non-compliance's with relevant legal animal welfare and traceability obligations occur they will be dealt with appropriately.
I can also assure you that where my officers become aware of welfare compromised animals they use their legislative powers to ensure they receive appropriate care and attention.
315. Deputy Réada Cronin asked the Minister for Agriculture, Food and the Marine to publish the list of actions his Department took on foot of the many local complaints notified to it about the treatment of the horses in the lands around a facility (details supplied); and if no actions were taken, the reason therefor; and if he will make a statement on the matter. [26911/24]
View answerAnimal welfare is a key priority for me as Minister and for the Government. The welfare of equines is protected by legislation and appropriate enforcement action, is undertaken, where breaches or shortcomings are identified.
Five complaints were received by my Department's animal welfare helpline in relation to animals at lands adjacent to the site in question between 2018 and 2023. These were one in 2018, one in 2019, two in 2021and one in 2023. In response to these reports, on each occasion a Veterinary Inspector went to the site, carried out an investigation, and engaged with the keeper of the horses to resolve the specific issues raised.
316. Deputy Réada Cronin asked the Minister for Agriculture, Food and the Marine to publish the necessarily-stringent criteria used to appoint a person as a welfare officer to a company handling and-or slaughtering animals; the verification and monitoring processes re same; and if he will make a statement on the matter. [26912/24]
View answerMy Department has provided the Deputy with the information relating to the criteria for Animal Welfare Officers (AWO’s) to receive Certificates of Competence and the Trader Notices citing the legislative procedures for this in a previous correspondence (Ref 23281/24).
As per Article 17 of Regulation 1099/2009 my Department does not appoint the AWO, it is the responsibility of the Food Business Operator (FBO) to designate an Animal Welfare Officer. The Trader Notice 16/2019 outlines the role of an Animal Welfare Officer.
An individual must hold a Certificate of Competence to become an Animal welfare officer. My Department’s role with regard to Animal Welfare officers is:
Issuing the Certificate of Competence as per Trader Notice 45/2014
Verification that the AWO is carrying out the functions of an AWO as foreseen by EC Regulation 1099/2009. This occurs formally at least twice a year. However there is continuous and ongoing monitoring of animal welfare standards at slaughter plants by officials in my Department on days when slaughtering is taking place.
I trust this clarifies the matter.
317. Deputy Bríd Smith asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the work that an organisation (details supplied) carries out, and its desire to provide a much-needed national wildlife rehabilitation and teaching hospital and ancillary services; if he is aware that a suitable site was identified at St. Ita’s, and that the organisation had been working with Fingal County Council in this regard; if there are plans to allow the organisation to progress this important project; if not, whether he will commit to helping the organisation identify a suitable, accessible site and resource it to provide this much-needed hospital and services; and if he will make a statement on the matter. [26948/24]
View answerThe National Parks and Wildlife Service has policy responsibility for wild fauna.
My Department does however administer an animal welfare grant programme that provides supports towards operational costs of eligible animal welfare charities. Applications for 2024 opened on 1st May and the closing date was 31st May. This grants programme does not cover capital costs.
Grant awards are made on the basis of objective criteria which are reviewed on an annual basis. The awards align with the goals set out in my Department's animal welfare strategy, which I published in 2021.
