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Tuesday, 9 Jul 2024

Written Answers Nos. 510-526

Prison Service

Questions (510)

Cormac Devlin

Question:

510. Deputy Cormac Devlin asked the Minister for Justice the total number of people on a waiting list for addiction counselling services in the Irish Prison Service on 1 July 2024; the number of people attending addiction counselling services; the average waiting time for those currently waiting and the average time waited by those who gain access to addiction counselling services; and if she will make a statement on the matter. [29183/24]

View answer

Written answers

The Irish Prison Service provides a health care service for people with addictions in a structured, safe and professional way in line with international best practice. The Irish Prison Service continues to be committed to, and involved with, the National Drugs Strategy in partnership with community colleagues and organisations.

It is the policy of the Prison Service that, where a person committed to prison gives a history of opiate use and tests positive for opioids, they are offered a medically assisted, symptomatic detoxification, if clinically indicated.

Patients can, as part of the assessment process, discuss other treatment options with healthcare staff and those treatment options may include stabilisation on methadone maintenance for those  who wish to continue on maintenance while in prison, and when they return to the community on release. 

The Irish Prison Service engages Merchants Quay Ireland (MQI) to provide a prison-based addiction counselling service across the entire Irish Prison Service estate (with the exception of Arbour Hill Prison where there is currently no clinical need for such a service, though this will be reviewed on an ongoing basis). The addiction counselling service includes structured assessments and evidence-based counselling interventions, with clearly-defined treatment plans and goals.

The MQI service provides a range of counselling and intervention skills related to substance misuse and dependency. These include motivational interviewing and enhancement therapy, a twelve step facilitation programme, cognitive behavioural therapy and harm reduction approaches and people in custody are offered one to one counselling and group work interventions.

The Irish Prison Service and MQI prioritise those that are in greatest clinical need, and work together as part of a multidisciplinary team to manage the waiting list. MQI team leaders review caseloads with each addiction counsellor monthly to ensure that cases are closing appropriately.

There are many local variables unique to each prison which can influence how long a person could remain on the waiting list to see an addiction counsellor. These factors include access to the person if they are on remand, their expected date of release, where in the prison they reside (e.g. are they on protection or non-protection), and their individual work schedule.

To manage these unique prison by prison variables, MQI are working on bespoke options.  For example, in Cloverhill Prison, MQI in conjunction with the IPS, are preparing to pilot a new triage model which aims to direct the person in custody to the most appropriate follow up after assessment - e.g. one-to-one on site counselling, one-to-one counselling utilising online systems, or onsite group support. This will be implemented before the end of this year, and will run for an initial six-month period, followed by an evaluation. MQI also provides a full time phone line in the prison estate to provide more immediate support and reduce pressure on waiting lists.

It will also be of interest to the Deputy to know that the Prison Service published a new “Drug Strategy 2023 – 2026” in November 2023. This strategy re-affirms the Prison Service’s commitment to working steadfastly to reduce the harm of drug use within the prison population. This strategy sets out practical goals to increase support for security measures to prevent access, education and information programmes to deter trafficking, and promote drug treatment and counselling services in collaboration with government and non-government partners to help tackle the insidious threat posed by illegal drug use and trafficking.

In addition, the Irish Prison Service is developing a bespoke, peer-led recovery model to support people in custody who face addiction difficulties.  Part of this peer led recovery model will provide for co-occurring difficulties associated with mental health and addiction.

I can advise the Deputy that there are currently 618 prisoners engaged in addiction counselling in prisons nationally.  There were a further 827 prisoners on waiting lists to access addiction counselling services as at end of May 2024, a breakdown by prison is provided in the table below.  The data in respect of the average waiting time to access addiction counselling services is not currently recorded.

 

   Prison      

   Waiting    List  

Cork

92

Limerick

97

Midlands

101

Portlaoise

64

Mountjoy

119

Dochas

24

Loughan House

14

Shelton Abbey

0

Cloverhill

37

Wheatfield

191

Castlerea

88

Total

827

Courts Service

Questions (511)

Mick Barry

Question:

511. Deputy Mick Barry asked the Minister for Justice the number of judges that have participated in special training in interacting with victims of sexual crime; and if she will make a statement on the matter. [29271/24]

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Written answers

The importance of education, training and awareness raising is a central element of delivering on our zero tolerance ambition and something that is reflected in the third national strategy on DSGBV.

 While the provision of training for Judges is a matter for the Judiciary, the Judicial Appointments Commission Act 2023 now requires the Judicial Appointments Commission to consider what training or continuous professional development all candidates for judicial office have undertaken in making recommendations to Government regarding their appointment to judicial office.

The Judicial Council is independent in its functions, and its Judicial Studies Committee is responsible for the delivery of judicial training.

I understand that it has developed a training course for serving criminal trial judges which ensures that they develop a deeper awareness of the victim's experience in court in sexual offence cases. This training was developed in 2021 as a priority in the committee’s first year and was also a timely response to the O’Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences. The programme focuses on developing judges’ understanding of victims’ experiences in sexual offence cases and explores ways in which the trauma, which inevitably re-emerges for victims during a trial, can be reduced.

The development of the course included consultation with the Rape Crisis Network, the Dublin Rape Crisis Centre and One in Four. The course is offered twice a year, to serving criminal court judges in every jurisdiction.

The number of judges who have attended is not published by the committee.

Artificial Intelligence

Questions (512)

Peadar Tóibín

Question:

512. Deputy Peadar Tóibín asked the Minister for Justice if her Department has ever used artificial intelligence, such as ChatGPT, in drafting Dáil speeches or responses to Parliamentary Questions. [29283/24]

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Written answers

I can confirm to the Deputy that my Department does not use ChatGPT or other generative AI tools for drafting Dáil speeches, or answering Parliamentary Questions.

Departmental Equipment

Questions (513)

Peadar Tóibín

Question:

513. Deputy Peadar Tóibín asked the Minister for Justice the number of laptops or mobile phones owned by her Department that have been lost or stolen in each of the past ten years. [29301/24]

View answer

Written answers

I can inform the Deputy that staff in my Department are required to report lost or stolen mobile phones and laptops. In line with best practice and guidance from the National Cyber Security Centre (NCSC) on mobile device management for public sector bodies and mobile device security, all Department issued devices are encrypted, are managed by a mobile device management solution and automatically lock requiring a passcode. A remote wipe is initiated when they are reported lost or stolen, ensuring that data and systems are protected.

As the Deputy will be aware, my Department is a large organisation with several thousands of staff. The following table provides the number of laptops and mobile phones which have been reported as lost or stolen in each of the last ten years and to date in 2024.

  -

Laptops Lost/Stolen

Mobiles Lost /Stolen

2024 to Date

0

0

2023

0

2

2022

0

8

2021

3

2

2020

0

4

2019

0

7

2018

0

4

2017

0

1

2016

3

6

2015

0

2

2014

1

1

Antisocial Behaviour

Questions (514)

Gary Gannon

Question:

514. Deputy Gary Gannon asked the Minister for Justice if she will report on the ongoing, chronic drug use and anti-social behaviour at Moore Lane, beside the Rotunda Maternity Hospital [29355/24]

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Written answers

I can assure the Deputy that the Government is determined to tackle anti-social behaviour and its causes. A number of priority actions are contained in the Programme for Government to reduce instances of such behaviour and help people to be safe and feel safe in their local communities.

We are committed to tackling the scourge of anti-social behaviour and crime to build safer streets and stronger communities. This includes:

• Increasing penalties for knife crime and strengthening the use of anti-social behaviour orders (ASBOs)

• The deployment of body-worn cameras for Gardaí in Dublin City Centre, Waterford, and Limerick in 2024, with nationwide roll-out to follow

• The introduction of Community Safety Partnerships around the country, to develop Community Safety Plans for every area.

• Continued expansion of youth justice and youth diversion measures

• New laws to criminalise the grooming of children into a life of crime.

• Introducing Facial Recognition Technology to help investigate and prosecute cases of serious crime

• Providing the funding necessary to strengthen the equipment available to An Garda Síochána for public order policing, including the deployment of tasers and stronger incapacitant spray.

• Proposing solutions to public order and anti-social problems through the Local Leadership Programme which brings together local stakeholders in a structured manner.

I am assured by the Commissioner that An Garda Síochána keeps the distribution of policing resources under constant review, in light of crime trends and operational needs. I can confirm that Government is committed to providing An Garda Síochána with the resources it needs to ensure communities in Dublin and around Ireland are safe and feel safe. Budget 2024 provides the highest ever allocation to An Garda Síochána – over €2.35 billion which is a 25% increase since 2020. This funding allows for the continued recruitment of Garda members and staff. 

Last year, I provided additional funding to the Commissioner for overtime in Dublin and it is important to note that the overall Garda overtime budget for 2024 is a substantial increase on last year.

I have been assured by the Commissioner that he has the resources to police the city and that additional resources continue to be deployed.

Additional permanent full-time Gardaí have been assigned to Dublin. 157 new recruits attested at the end of June, and 102 of these were assigned to support policing in Dublin.

The Deputy may also wish to be aware that there are a number of Garda Operations taking place in Dublin to provide a high-visibility policing presence and deter anti-social behaviour. These include:

• Operation Citizen which continues to reassure the citizens, visitors and the business community in Dublin City Centre that it is a safe place in which to visit, socialise, conduct business and enjoy its amenities;

• Operation Saul which aims to provide a safe environment for commuters utilising public transport services in the Dublin Metropolitan Region;

• Operation Táirge targeting Retail Theft;

• Operation Tara tackling street level drug-dealing.

Operation Irene has also commenced in the Dublin Metropolitan Region and runs from 1 June, 2024 to 1 September, 2024. Operation Irene is a multi-agency operation with the key objective to prevent and detect anti-social behaviour, combat underage alcohol consumption and the consumption of alcohol in public place through the enforcement of legislation regulating the sale, supply and consumption of alcohol. The aim of this operation is to enhance community safety and confidence. 

In addition, the pilot North Inner City Dublin Local Community Safety Partnership published its community safety plan last year, which includes a number of actions to be taken, both by An Garda Síochána and other partners, to ensure that people are safe and feel safe in the city centre. The community safety plan contains 50 actions across 5 priority areas aimed at enhancing safety in the North Inner City. 

Immigration Policy

Questions (515, 516)

John Paul Phelan

Question:

515. Deputy John Paul Phelan asked the Minister for Justice to list all countries which are currently designated as safe countries for the purposes of Irish asylum applications; to list all other countries which are currently under consideration for such a designation at present, in tabular form;; and if she will make a statement on the matter. [29362/24]

View answer

John Paul Phelan

Question:

516. Deputy John Paul Phelan asked the Minister for Justice the reason Brazil, which has been considered a stable liberal democracy for decades, was not deemed to be a safe country for the purposes of the Irish asylum process until recently; and if she will make a statement on the matter. [29363/24]

View answer

Written answers

I propose to take Questions Nos. 515 and 516 together.

Under the International Protection Act the Minister for Justice may make an order designating a country as a safe country of origin. A country may only be designated as a safe country of origin where satisfied it can be shown that there: • is generally and consistently no persecution; • no torture or inhuman or degrading treatment or punishment; and • no threat by reason of indiscriminate violence in situations of international or internal armed conflict.

A country that has been designated under section 72 as a safe country of origin shall, for the purposes of the assessment of an application for international protection, be considered to be a safe country of origin in relation to a particular applicant only where— (a) the country is the country of origin of the applicant, and (b) the applicant has not submitted any serious grounds for considering the country not to be a safe country of origin in his or her particular circumstances and in terms of his or her eligibility for international protection.

There are now fifteen countries designated as safe countries of origin: Albania, Bosnia and Herzegovina, North Macedonia, Georgia, Montenegro, Kosovo, Serbia, South Africa, Botswana and Algeria. Brazil, Egypt, India, Malawi and Morocco have been added to the list on the 3rd July 2024.

I can inform the Deputy that in making the assessment to designate a country as safe, it is considered, among other things, the extent to which protection is provided against persecution or mistreatment by:

• The relevant laws and regulations of the country and the manner in which they are applied.

• The observance of the rights and freedoms laid down in specified European and International Conventions. • Respect for the principle of non-refoulement in accordance with the Geneva Convention.

• Provision for a system of effective remedies against violation of those rights and freedoms.

The assessment is based on a range of sources of information, including from other EU Member States, the European Union Agency for Asylum (EUAA), the UN High Commissioner for Refugees, the Council of Europe and other international organisations as appropriate. My Department also seeks submissions from? the Department of Foreign Affairs, UNHCR, the Irish Refugee Council and other NGOS in relation to the designation of a country as being safe.

I keep the list of safe countries under review having regard to the profile of applications being received and this changes over time.

Question No. 516 answered with Question No. 515.

An Garda Síochána

Questions (517)

Frankie Feighan

Question:

517. Deputy Frankie Feighan asked the Minister for Justice why An Garda Síochána will not release the old garda station at Glenfarne, County Leitrim, back to the local community despite the fact the building has not been used as a garda station for many years (details supplied); and if she will make a statement on the matter. [29379/24]

View answer

Written answers

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business under Section 26 of the Garda Síochána Act 2005 (as amended). This includes all operational decisions related to the Garda Estate. As Minister, I have no role in these independent functions. Additionally, the Garda Estate is managed by the Office of Public Works (OPW) on behalf of An Garda Síochána, and the OPW is responsible for works carried out on the Estate, in close co-operation with Garda management.

I am advised by the Garda authorities that a recent site visit to the old Garda Station in Glenfarne has confirmed that the building has now fallen into disrepair as it has not been used for some time. Both Garda Estate Management and OPW are committed to prioritising premises that are in full time use with multiple personnel on a daily basis. The intention is that all expenditure should benefit not only the strategic goals of the Garda organisation, but also the greatest number of personnel possible. 

I have been informed that there are other opportunities for development and refurbishment in the Sligo/Leitrim Division, which are a greater priority in terms of operational need and value for money. I have also been informed that, consequently, Garda Estate Management proposes to notify OPW that Glenfarne can be relinquished as part of the ongoing Garda Estate realignment.

Immigration Policy

Questions (518)

Mattie McGrath

Question:

518. Deputy Mattie McGrath asked the Minister for Justice the rationale for not adding Nigeria and Pakistan to Ireland’s safe countries list, given that both countries appear to meet the Government’s definition of a safe country, that is, a country generally free from persecution, torture, inhuman or degrading treatment, and threats of violence from armed conflict; and if she will make a statement on the matter. [29430/24]

View answer

Written answers

Under the International Protection Act the Minister for Justice may make an order designating a country as a safe country of origin. A country may only be designated as a safe country of origin where satisfied it can be shown that there: 

 

• is generally and consistently no persecution; 

• no torture or inhuman or degrading treatment or punishment; and 

• no threat by reason of indiscriminate violence in situations of international or internal armed conflict.  

A country that has been designated under section 72 as a safe country of origin shall, for the purposes of the assessment of an application for international protection, be considered to be a safe country of origin in relation to a particular applicant only where— 

 

(a) the country is the country of origin of the applicant, and 

(b) the applicant has not submitted any serious grounds for considering the country not to be a safe country of origin in his or her particular circumstances and in terms of his or her eligibility for international protection. 

 

There are now fifteen countries designated as safe countries of origin: Albania, Bosnia and Herzegovina, North Macedonia, Georgia, Montenegro, Kosovo, Serbia, South Africa, Botswana, Algeria, Brazil, Egypt, India, Malawi and Morocco. The latter five I added on the 3rd July 2024.

I have also extended prioritisation and accelerated processing of international protection applications beyond safe countries of origin to applications from the country of origin with the highest number of applications. International protection applicants from the country which has had the highest number coming to Ireland over the previous three months, will go into the accelerated process.

Under this process, they will have their cases decided upon within 90 days. At the moment, the country whose citizens will qualify for this faster processing, is Nigeria. The top country over the past three months will be assessed on a rolling basis every quarter. Applications from Nigeria have almost halved since it was added to the accelerated process on this basis in April.

Additionally, following approval of the Houses of the Oireachtas last month, new legislation will now be drafted to implement the EU Asylum and Migration Pact. 

The new Pact builds on existing safe country of origin, safe country of asylum and safe third country concepts, providing further guidance into their application throughout the EU. Specifically, the Pact regulates the concept of effective protection, and will introduce a common safe third countries and safe countries of origin lists at EU level, which will help to streamline and harmonise the application of the safe country concepts across the EU.

The Pact also introduces mandatory border procedures for certain categories of applicants, including applicants who are from a country of origin with a recognition rate of less than 20%. The Pact introduces an accelerated processing procedure for applicants who pose a security risk, who mislead the authorities, or who are coming from countries with a low recognition rate.

I can inform the Deputy that in making the assessment to designate a country as safe, it was considered, among other things, the extent to which protection is provided against persecution or mistreatment by: 

• The relevant laws and regulations of the country and the manner in which they are applied. 

• The observance of the rights and freedoms laid down in specified European and International Conventions. 

• Respect for the principle of non-refoulement in accordance with the Geneva Convention. 

• Provision for a system of effective remedies against violation of those rights and freedoms. 

 

The assessment was based on a range of sources of information, including from other EU Member States, the European Union Agency for Asylum (EUAA), the UN High Commissioner for Refugees, the Council of Europe and other international organisations as appropriate. My Department also seeks submissions from the Department of Foreign Affairs, UNHCR, the Irish Refugee Council and other NGOS in relation to the proposed designation of a country as safe.

I keep the list of safe countries under review having regard to the profile of applications being received.

Legislative Measures

Questions (519)

Seán Sherlock

Question:

519. Deputy Sean Sherlock asked the Minister for Justice how the designation of a politically exposed person was transcribed into Irish law; and whether such a designation applies to a person who ceases to be a public representative. [29431/24]

View answer

Written answers

International standards in respect of anti-money laundering are set and monitored by the Financial Action Task Force (FATF).

FATF is an inter-governmental body with 40 members, including Ireland, and a large number of observers and associate members. Over 200 countries commit to implementing their standards. 

EU standards generally reflect those of FATF and are currently set out in the Fourth Anti-Money Laundering Directive from 2015, as updated by the Fifth AML Directive in 2018. Ireland is bound by these Directives and has transposed them primarily through the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, as amended. 

Under the Directive, designated persons, including financial institutions, are obliged to conduct ongoing monitoring of their business relationships using a risk-based approach. Part of this risk-based approach is an obligation to apply enhanced customer due diligence to those entrusted with prominent public functions (politically exposed persons – PEPs). 

FATF states:

Due to their position and influence, it is recognised that many PEPs are in positions that potentially can be abused for the purpose of committing money laundering offences and related predicate offences, including corruption and bribery, as well as conducting activity related to terrorist financing.

FATF emphasises that PEP status is intended to apply higher vigilance, rather than suggesting that individuals are involved in suspicious activity.

FATF first issued requirements covering foreign PEPs, their family members and close associates in 2003. In 2012, FATF expanded these requirements to domestic PEPs in line with United Nations Convention against Corruption.

This is reflected in Articles 20-23 of the Fourth Directive, which broadened the application of the EU regime to include domestic PEPs. This came into force in Ireland in 2018. The relevant requirements are transposed in section 37 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended).

The definition of ‘politically exposed person’ in the Directive specifies several categories of PEP – including, for example, heads of state, members of parliament, members of the governing bodies of political parties, supreme court judges, ambassadors and others. This definition is open: while the categories stated must be included, other persons may be considered a PEP on the basis of them holding a prominent public function. Section 37(12) provides that the Minister for Justice (with the consent of the Minister for Finance) may issue guidelines in respect of the functions in the State that may be considered to be prominent public functions. Guidelines under this subsection were signed on the 20 January 2023.

Relevant entities (e.g. financial institutions) are obliged to: 

(a) have in place appropriate procedures to determine whether the customer or the beneficial owner of the customer is a PEP; 

(b) apply enhanced due diligence to business relationships with PEPs, including:

(i) obtaining senior management approval for establishing or continuing business relationships;

(ii) taking adequate measures to establish the source of wealth and source of funds that are involved in business relationships or transactions;

(iii) conducting enhanced ongoing monitoring of those business relationships.

These measures also apply to family members or persons known to be close associates of politically exposed persons.

Under the Fourth Directive, relevant businesses are required to take into account the continuing risk posed by persons who cease to hold a prominent public function and to apply appropriate and risk-sensitive measures, for at least 12 months and until such time as that person is deemed to pose no further risk specific to politically exposed persons.

Under the definition of 'politically exposed person' in the 2010 Act, the obligations in section 37 apply in respect of anyone who “is, or has at any time in the preceding 12 months been”, entrusted with a prominent public function.

The Central Bank of Ireland publishes guidance for financial institutions in respect of PEPs. This guidance is available on the CBI’s website.

Legislative Reviews

Questions (520, 521)

Joan Collins

Question:

520. Deputy Joan Collins asked the Minister for Justice if she intends to scrap article 19A of the Criminal Evidence Act 1992 (details supplied); and if she will ensure that article 19A does not apply to child victims of sexual abuse. [29443/24]

View answer

Joan Collins

Question:

521. Deputy Joan Collins asked the Minister for Justice if she intends to remove Article 19A of the Criminal Evidence Act 1992, whereby in certain criminal cases the private counselling/therapy records of the victim of sexual abuse can be made available to the accused (details supplied). [29449/24]

View answer

Written answers

I propose to take Questions Nos. 520 and 521 together.

Protecting and supporting victims of sexual violence is an absolute priority for me and my Department and I am keenly aware of the devastating physical and emotional consequences such crimes can have on victims.

I am advised that the issue of the disclosure of counselling records is a complex and highly sensitive balancing of individuals' rights. On the one hand, there is the victim’s right to personal privacy and on the other, the accused person’s right to a fair trial. The accused’s right to a fair trial entails a right to disclosure of any material that may strengthen the defendant's case or weaken that of the prosecution. It has been the case that counselling records might contain such material. The accused’s right to a fair trial also places the onus on the prosecution to disclose all relevant information. If the accused’s right to a fair trial is breached, then the prosecution may be compromised or the conviction quashed.

To strike a balance between these conflicting rights, section 19A of the Criminal Evidence Act 1992 was enacted to put some structure and process around these rights.  Section 19A permits an accused person to make an application to the court for the disclosure of counselling records, but crucially it also allows the victim to object to the disclosure of their counselling records. If a victim objects to the disclosure, the judge will examine the counselling records and decide if there is relevant information to be disclosed to the defence. The victim is legally represented at this disclosure hearing and under the law is entitled to have a solicitor or barrister engaged by the Legal Aid Board to act on their behalf.

Even where a court orders disclosure, it may also impose any condition it considers necessary in the interests of justice and to protect the privacy of any person. These include a condition that part of the record be redacted, that the record not be disclosed to any other person without leave of the court, that no copies be made of it, that the record be viewed only at the offices of the court, that the record be returned to the holder, and that it be used solely for the purpose of the criminal proceedings.

Similarly, if a victim does not object to the disclosure of their counselling records, the disclosure is still made under strict conditions. The prosecution requires undertakings from the defence as to how the records will be held and used. For example, the records may not be copied or distributed to anybody else, they may be consulted only in certain settings, and they must all be returned to the Office of Director of Public Prosecutions.

The O’Malley Review of Protections for Vulnerable Witnesses, completed in 2020, examined the law but did not recommend any changes to section 19A . It 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.

I can advise the Deputy that there is an action under the Third National Strategy on Domestic, Sexual and Gender Based Violence for the Department of Health to examine and review the rationale for the disclosure of counselling notes as part of court proceedings, including a victim/survivor perspective.

Scoping work for this action has commenced, including preliminary discussions with key stakeholders such as the Office of the Director of Public Prosecutions. An interdepartmental working group has also been established, led by the Department of Health, and the inaugural meeting took place on 27 June. The work of this interdepartmental group is expected to be finalised later this year. To further support this work, an additional group of key stakeholders will be established, running in parallel throughout the process, and made up of representatives from the sexual violence NGO sector and other organisations.

I can also advise the Deputy that further work is underway in my Department to support and protect victims of sexual crimes. The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023, which is currently before the Houses, will ensure anonymity for victims in all trials for sexual offences and will extend the victim’s right to separate legal representation if, for example, they are being questioned about their previous sexual history. This will provide for stronger protections for all victims of sexual crime, who are predominantly women and children. 

Question No. 521 answered with Question No. 520.

International Agreements

Questions (522)

Joan Collins

Question:

522. Deputy Joan Collins asked the Minister for Justice the likely date of ratification of the second optional protocol on the UNCRC on the sale of children, child prostitution and child pornography, as Ireland is now one of only 20 countries yet to ratify the protocol. [29462/24]

View answer

Written answers

The Government is firmly committed to ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023, which is currently before the Houses, will remove the final obstacles to ratification of the Protocol. The Bill will deal with the issues relating to extra-territorial jurisdiction and amend the Criminal Justice (Mutual Assistance) Act 2008 by the insertion of the Second Optional Protocol to the list of international agreements to which the Act of 2008 applies, to ensure that Ireland is compliant with the requirements of the Protocol. The Bill is expected to complete its passage through the Oireachtas next week.

Once the outstanding legal obstacles have been removed, ratification of the Second Optional Protocol is a matter for my colleague, the Minister for Children, Equality, Disability, Integration and Youth.

Question No. 523 answered with Question No. 501.

Family Reunification

Questions (524)

Michael Ring

Question:

524. Deputy Michael Ring asked the Minister for Justice when a decision will be reached on a family reunification visa appeal (details supplied) in view of the length of time it is taking to be dealt with and also in view of the very serious impact it is having on the family involved in the application; and if she will make a statement on the matter. [29531/24]

View answer

Written answers

The visa application referred to by the Deputy was refused by the Visa Office in Moscow on 05 April 2023. The reasons for this decision were set out in the refusal letter sent to the applicant at that time. An appeal of this decision was launched on 30 May 2023.

All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on the Immigration Service website. Applicants that meticulously follow these guidelines have an improved prospect of receiving a positive decision at first instance.

It should be noted that visa appeals are dealt with in strict chronological order.

A decision will be issued to the applicants as soon as full consideration has been given by a Visa Appeals Officer.

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 (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.

International Protection

Questions (525)

Catherine Connolly

Question:

525. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 421 of 21 May 2024, the number of applicants for international protection who have been called for their personal interview under section 35 of the International Protection Act 2015 while awaiting accommodation from IPAS, by month, since the Government announced that it would no longer be able to guarantee accommodation for single male applicants; and if she will make a statement on the matter. [29573/24]

View answer

Written answers

It has not been possible to collate the information requested by the Deputy in the time available.

I will write to the Deputy directly once the information is to hand.

Citizenship Applications

Questions (526)

Bernard Durkan

Question:

526. Deputy Bernard J. Durkan asked the Minister for Justice the progress in determining an application for citizenship for a person (details supplied); and if she will make a statement on the matter. [29579/24]

View answer

Written answers

The naturalisation application from the person referred to by the Deputy continues to be processed by my Department.

I understand the extended wait times can be frustrating for applicants. I want to assure anyone who has an application for naturalisation submitted that the Citizenship Division of my Department is doing everything possible to progress applications as quickly as possible.

It is important to note that no two applications are the same and some take longer than others to process. All applicants must undergo Garda vetting. Unfortunately, it is the case that some international checks can take a considerable amount of time and are largely out of the control of my Department. The previous backlogs in application processing in Citizenship had arisen largely due to the legacy of restrictions imposed on staff attendance in the office during the pandemic.

Since then, Citizenship Division have taken a significant number of steps to speed up the process for applicants. These included introducing an online digital application, online payments, and the introduction of eVetting. I am pleased to inform the Deputy that these changes are dramatically reducing processing times. Based on the current application levels, I expect going forward that most straightforward applications will receive a decision within one year.

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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

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