Jennifer Murnane O'Connor
Question:527. Deputy Jennifer Murnane O'Connor asked the Minister for Justice where a courts service item resides (details supplied); and if she will make a statement on the matter. [29585/24]
View answerCourts Service
Questions (527)
Written answers
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 at: oireachtasenquiries@courts.ie.
Records of this nature are recorded by the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.
Courts Service
Questions (528)
Jennifer Murnane O'Connor
Question:528. Deputy Jennifer Murnane O'Connor asked the Minister for Justice if a closed-circuit television service is to be installed in Tullow, County Carlow; and if she will make a statement on the matter. [29586/24]
View answerWritten answers
As the Deputy may be aware, since 2017, my Department has administered a grant-aid scheme supporting groups wishing to establish a community-based CCTV system in their area.
The CCTV grant scheme was extended in 2019 to cover not only new CCTV systems, but to also provide funding for the extension or upgrade of existing CCTV systems which are incomplete or obsolete. Applicants may now also seek a once-off grant of up to €5,000 for minor maintenance costs.
I can confirm that officials in my Department have been in contact with Carlow County Council regarding the applications raised by the Deputy. I am informed that the Chief Executive proposes to arrange a meeting with the Carlow Superintendent, elected members of the Municipal District of Tullow and local community groups in relation to this matter.
I can inform the Deputy that grants of over €950,000 have been approved to date for 36 Community CCTV schemes. A further €1 million in funding has been made available towards the development of community-based CCTV schemes in 2024. Applications for funding are now open and can be made directly by the relevant Local Authorities. This level of funding underlines my commitment to working with communities to ensure everyone feels safe.
The legal framework which provides for the operation of community CCTV requires that any proposed scheme must:
• be approved by the local Joint Policing Committee (until JPCs are replaced by Local Community Safety Partnerships),
• have a data protection impact assessment prepared,
• have the prior support of the relevant local authority, which must act as a joint data controller with An Garda Síochána and a joint data controller agreement must be put in place, and
• have the authorisation of the Garda Commissioner.
The Garda Síochána (Recording Devices) Act 2023, which was signed into law in December last year, will reform CCTV schemes. Under the Act, community groups will continue to have their say in keeping their community safe as they will be able to request schemes in their area.
Family Reunification
Questions (529)
Bernard Durkan
Question:529. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in determination of application for family reunification in the case of a person (details supplied) to enable their son and daughter join them in this jurisdiction; and if she will make a statement on the matter. [29625/24]
View answerWritten answers
The Family Reunification application for the person referred to by the Deputy has been received by my Department and continues to be processed at this time. All applications are processed in chronological order.
The speed in which a decision can be made largely depends on the quality of the application received. My Department will continue to engage with the applicant for any further information that may be required to assist with the processing of the application.
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.
Legal Aid
Questions (530)
Richard Boyd Barrett
Question:530. Deputy Richard Boyd Barrett asked the Minister for Justice the average waiting time for applicants for civil legal aid; and if she will make a statement on the matter. [29628/24]
View answerWritten answers
The Legal Aid Board is the statutory body responsible for the provision of civil legal aid and advice to persons of modest means in accordance with the Civil Legal Aid Act 1995 and associated Regulations. The 1995 Act was amended by Section 54 of the Civil Law (Miscellaneous Provisions) Act 2011, which gave the Board the additional responsibility of providing a family mediation service.
Section 3(3) of the Act provides that the Board shall, subject to the provisions of the Act, be independent in the exercise of its functions. However, to be of assistance to the Deputy I have had enquiries made with the Legal Aid Board on foot of which the following information is provided.
Civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the Legal Aid Board. There are 34 full-time law centres and dedicated units, together with 2 part-time law centres. Specific law centres in Dublin, Cork and Galway include an international protection speciality and there are also dedicated units in Dublin dealing with personal injury and/or medical negligence cases and cases involving children at risk. Family mediation services are provided through 10 full-time offices and 10 part-time offices.
The Board also engages private solicitors to supplement the services provided by Board solicitors in certain areas of law on a case-by-case basis. Those areas of law are as follows: District Court family law matters, Circuit Court judicial separation and divorce cases, international protection cases, and cases on foot of the Abhaile scheme.
A priority service is provided in certain cases including cases involving domestic violence, child abduction, applications by the State to take children into care or under supervision, and cases that have statutory time limits close to expiry
The waiting times and numbers for first consultation appointments are published on a regular basis on the website of the Legal Aid Board (www.legalaidboard.ie).
In 2023, the overall average waiting time for a consultation with a solicitor of the 30 law centres that operate a waiting list was 15 weeks, compared with 15 weeks in 2022 and 20 weeks in each of the years 2021, 2020 and 2019. As at 30 June 2024, the average waiting time is 15 weeks.
The maximum waiting time in weeks, for non-prioritised matters, as at 30 June 2024 is set out for the various law centres in Table A below. It must be emphasised that this table gives a snapshot of waiting times at a particular point in time. Waiting times fluctuate depending on demand and on the capacity of each law centre to offer appointments to new clients.
A number of law centres that currently have long waiting lists are being affected by the unavailability of private practitioners, solicitor turnover and other staff movements or absences which the Board is seeking to address. Where capacity permits, applications are transferred between law centres to allow earlier first consultation appointments for applicants. The distribution of resources is similarly kept under constant review by the Board.
I am assured that speedy access to the Board’s services, and to the justice system generally, has always been a priority for the Board.
Table A: Waiting times – 30 June 2024
|
Law Centre |
Longest time a person is waiting (in weeks) |
No. Waiting |
|
Dundalk* |
45 |
25 |
|
Blanchardstown |
39 |
20 |
|
Sligo* |
38 |
135 |
|
Tallaght* |
31 |
85 |
|
Longford |
30 |
37 |
|
Portlaoise* |
29 |
80 |
|
Limerick* |
25 |
88 |
|
Clondalkin |
22 |
41 |
|
Wicklow |
19 |
45 |
|
Castlebar |
18 |
63 |
|
Ballymun |
17 |
37 |
|
Nenagh |
17 |
41 |
|
Jervis Street* |
16 |
54 |
|
Monaghan |
14 |
21 |
|
Navan |
13 |
38 |
|
Smithfield |
12 |
31 |
|
Cavan |
9 |
41 |
|
Galway Francis St |
9 |
48 |
|
Newbridge |
9 |
22 |
|
Cork South Mall |
8 |
23 |
|
Kilkenny* |
8 |
27 |
|
Waterford |
8 |
30 |
|
Letterkenny* |
7 |
24 |
|
Cork Popes Quay |
7 |
40 |
|
Ennis |
7 |
18 |
|
Athlone |
6 |
12 |
|
Wexford |
5 |
26 |
|
Galway Seville House |
4 |
7 |
|
Tralee |
1 |
7 |
|
Minceir/Traveller Support Service |
0 |
1 |
|
Tullamore |
0 |
0 |
* Co-located law centre and mediation offices
Legislative Programme
Questions (531, 532, 561)
Patrick Costello
Question:531. Deputy Patrick Costello asked the Minister for Justice for an update regarding the introduction of the Intoxicating Liquor Bill 2024; if this will be published as a matter of urgency; and if she will make a statement on the matter. [29637/24]
View answerPatrick Costello
Question:532. Deputy Patrick Costello asked the Minister for Justice if she will reform the special exemption orders systems for late-night venues; and if she will make a statement on the matter. [29638/24]
View answer
Gary Gannon
Question:561. Deputy Gary Gannon asked the Minister for Justice the reason for the prolonged delays in the implementation of the cultural amenity licence legislation. [29939/24]
View answerWritten answers
I propose to take Questions Nos. 531, 532 and 561 together.
It is my intention to separate the Sale of Alcohol Bill into two Bills.
Firstly, I intend to introduce the Intoxicating Liquor Bill 2024. This is a shorter Bill to introduce a number of key reforms contained in the Sale of Alcohol Bill 2022 to modernise our licensing system, including:
• The standardisation of opening hours for pubs and off-licences.
• The introduction of an annual late bar permit and an annual nightclub permit.
• The inclusion of new grounds of objection in line with the Zero Tolerance Third National Strategy to Tackle Domestic, Sexual and Gender Based Violence.
• Strengthening of the powers of An Garda Síochána to ensure that public safety and order are maintained.
• To provide that licensing applications, which are currently heard in the Circuit Court, will move to the District Court.
• The inclusion of the provision for outdoor seating.
The Department continues to engage with colleagues in the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media regarding the provisions for cultural amenity licences.
The terms of this Bill are currently being finalised with the Office of the Attorney General.
Work will continue to progress on the other provisions in the General Scheme of the Sale of Alcohol Bill 2022 to modernise our liquor licensing laws thereafter.
Question No. 532 answered with Question No. 531.
Courts Service
Questions (533)
Patrick Costello
Question:533. Deputy Patrick Costello asked the Minister for Justice to provide the cost of the court fees and their associated excise duty relating to special exemption orders being waived from October 2021 to December 2021 and January 2022 to April 2022; and if she will make a statement on the matter. [29639/24]
View answerWritten answers
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 at: oireachtasenquiries@courts.ie.
Figures of this nature are recorded by the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.
An Garda Síochána
Questions (534)
Jennifer Murnane O'Connor
Question:534. Deputy Jennifer Murnane O'Connor asked the Minister for Justice for an update on works on Leighlinbridge Garda station; and if she will make a statement on the matter. [29338/24]
View answerWritten answers
As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including all decisions related to the Garda Estate. As Minister, I have no role in such matters.
I am however advised by the Garda authorities that the proposed works remain under consideration and will be the subject of ongoing review by the Commissioner.
Public Sector Staff
Questions (535)
Paul Donnelly
Question:535. Deputy Paul Donnelly asked the Minister for Justice the number of WTE immigration officers, by grade and gender, employed by her Department working in Dublin Airport as of 3 July 2024, in tabular form. [29679/24]
View answerWritten answers
The Border Management Unit (BMU) of my Department has responsibility for front-line immigration duties at Dublin Airport only. Other airports and other ports of entry, are the responsibility of the Garda National Immigration Bureau (GNIB).
As of 3 July 2024, there are 176 front line staff working in the BMU at Dublin Airport, excluding staff on unpaid leave, such as career breaks.
The information requested by the Deputy in respect of the BMU staff working at Dublin Airport is detailed in the table below.
|
Grade |
Female |
Male |
Total |
|
Immigration Control Officer |
55 |
103 |
158 |
|
Immigration Control Supervisor |
4 |
10 |
14 |
|
Immigration Control Manager |
2 |
2 |
4 |
|
|
|
|
|
|
Total |
61 |
115 |
176 |
The staffing levels in the BMU are kept under constant review and additional staff have been assigned to the team, as required.
An Garda Síochána
Questions (536, 538)
Paul Donnelly
Question:536. Deputy Paul Donnelly asked the Minister for Justice the estimated full-year costs in 2025 if the number of dogs in the Garda dog unit increased to 50. [29680/24]
View answerPaul Donnelly
Question:538. Deputy Paul Donnelly asked the Minister for Justice the estimated full-year costs in 2025 if the number of horses in the Garda mounted unit increased to 30. [29682/24]
View answerWritten answers
I propose to take Questions Nos. 536 and 538 together.
I have requested the information sought by the Deputy from the Garda authorities. Unfortunately, the information was not received in time. I will contact the Deputy directly once the information is to hand.
Legislative Programme
Questions (537)
Paul Donnelly
Question:537. Deputy Paul Donnelly asked the Minister for Justice for an update on the Proceeds of Crime (Amendment) Bill; and when this Bill will move to the next stage. [29681/24]
View answerWritten answers
As the Deputy will be aware, the purpose of the Proceeds of Crime (Amendment) Bill is to strengthen the State’s ability to target the proceeds of crime. Ongoing review of the operation of the civil forfeiture regime in Ireland (grounded in the Proceeds of Crime Act 1996) has identified a number of areas of improvement, and the Bill will propose refinements to the regime informed by legal and operational developments.
The major provisions of the Bill include:
• A reduction from seven years to two years in the time between an order being made that assets are the proceeds of crime and a final disposal order being available in respect of those assets.
• Immediate appointment of a receiver to assets solely for the purpose of depriving respondents of the benefit of those assets.
• Limitation of respondent's ability to reopen the question of whether assets are proceeds of crime at the point of a disposal order being sought.
• A counterbalancing extension of the availability of compensation for respondents, if, after disposal of the asset, they can show that the asset was not the proceeds of crime.
• Enhanced restraint and asset detention powers prior to the High Court process.
• Improved domestic and information exchange powers.
The General Scheme of this Bill was approved on 16 January 2024. The General Scheme was referred by the Minister for Justice to the Joint Committee on Justice for pre-legislative scrutiny on 25 January 2024 and the Committee met on 16 April 2024 for its consideration. The Department received the pre-legislative scrutiny report on 15 May 2024, which was published by the Committee. Drafting of the Bill is being completed and the Bill will be published in the coming months.
Question No. 538 answered with Question No. 536.
Legislative Measures
Questions (539)
Paul Donnelly
Question:539. Deputy Paul Donnelly asked the Minister for Justice if she has plans to update the Criminal Justice (Public Order) Act 2003. [29683/24]
View answerWritten answers
There are no plans at present to amend the Public Order Act. I can, however, advise the Deputy that under the Intoxicating Liquor Bill 2024, which is currently being drafted, it is proposed that An Garda Síochána will be given the power to apply to the District Court for a temporary closure order where a licensee has failed to comply with a direction to preserve order on their premises.
Legislative Measures
Questions (540)
Patrick Costello
Question:540. Deputy Patrick Costello asked the Minister for Justice if she will legislate to replicate the child law reporting project for private family law cases. [29694/24]
View answerWritten answers
As the Deputy is aware, my Department is leading an ambitious programme of family justice reform set out in the first Family Justice Strategy, which I published in November 2022.
The Strategy sets out a vision for a family justice system of the future - a system that will focus on the needs and rights of children and which will assist their parents in making decisions that affect all of the family.
The Strategy outlines the steps needed to create a more efficient and user-friendly family court system that puts the family and children at the centre of its work. This will be achieved through the implementation of over 50 actions across nine goals, with timelines for delivery up to the end of 2025.
To date, various actions in the Strategy have already been completed. These include the completion of policy reviews on parental alienation, the enforcement of child maintenance orders, and the role of expert reports in family law. The Courts Service has launched its Family Law Information Hub and 360 tour. The Legal Aid Board has established its panel of private mediators to enhance the roll-out of family mediation services across the country. Other actions are underway, or are due to commence, including establishing a working group to analyse the training needs of those working across the family justice system and to develop effective and relevant training programmes. Nominees for membership of the group have been sought and the first meeting is expected to take place in the coming weeks.
Goal six of the strategy relates to Data and Information Management. The aim of this goal is to develop better ways to manage, collect and share information within the family justice system, maintaining privacy and dignity of users but allowing for better case management, statistical reporting and evidence based decision making. There are a number of actions under this goal, many relating to research. The Department has already commissioned research to examine the operation of the in camera rule, which is underway.
The goal also contains an action to examine the feasibility of establishing a family law case reporting system, including trialling a project to analyse case outcomes, judgements and decisions to produce summaries in plain language of various case types; and subsequent to this, producing a guideline for regular, established public reporting of case outcomes, decisions and judgements in family law as a matter of course across all court jurisdictions. I intend to publish a tender for this work in the second half of this year and will make a further announcement in that regard in due course.
This initiative will not require legislation in that section 40(3) of the Civil Liability and Courts Act 2004, as amended by the Courts and Civil Law (Miscellaneous Provisions) Act 2013, makes provision for the preparation and publication of reports of family law proceedings. The Civil Liability and Courts Act 2004 (Section 40(3)) Regulations 2005 (S.I. No. 337 of 2005) specify the classes of persons who may attend family law proceedings and have access to relevant court documents for the purpose of publishing reports on the proceedings.
Legislative Measures
Questions (541)
Patrick Costello
Question:541. Deputy Patrick Costello asked the Minister for Justice if she will review the law regarding Section 27 reports. [29695/24]
View answerWritten answers
As the Deputy is aware, my Department is leading an ambitious programme of family justice reform set out in the first Family Justice Strategy, which I published in November 2022.
The Strategy sets out a vision for a family justice system of the future - a system that will focus on the needs and rights of children and which will assist their parents in making decisions that affect all of the family.
The Plan outlines the steps needed to create a more efficient and user-friendly family court system that puts the family and children at the centre of its work. This will be achieved through the implementation of over 50 actions across nine goals, with timelines for delivery up to the end of 2025.
As the strategy was developed, my Department listened to and acknowledged the many issues and concerns about how the current system operates. The actions stress the centrality of children to many family justice matters, and the need to ensure their best interests are considered in conjunction with their constitutional rights.
On 13 June 2024 I published a wide-ranging review of the role of expert reports in the family law process. This review looked at the commissioning, availability, content and use of reports ordered under s.32 of the Guardianship of Infants Act, s.47 of the Family Law Act 1995 and s.27 of the Domestic Violence Act 2018.
This comprehensive review undertaken by my Department sets out 20 recommendations for reform. When implemented, these actions will contribute to a reformed family justice system which is user-focused, consistent and – most importantly – places children at its core.
These changes are just one piece – but an important piece – of a reformed family justice system. When implemented, these recommendations will improve the quality of expert reports in family law proceedings and will standardise practises relating to how they are commissioned and by whom. Reports support the judiciary in their decision making and help to ensure that children are at the centre of the decisions they make.
Following on from the review of role of expert reports, my Department will establish a Voice of the Child Working Group to ensure children’s constitutional rights to be heard in family law proceedings continue to be upheld. In addition to examining other ways in which the voice of children may be heard in family law proceedings, the Group will also develop a Voice of the Child Report Template and work on establishing the Children’s Court Advocate Pilot Project – key recommendations in the Review.
The Department is also establishing a working group to analyse the training needs of those working across the family justice system and to develop effective and relevant training programmes. Nominees for membership of the group have been sought and the first meeting is expected to take place in the coming weeks.
The recommendations in the Review of the Role of Expert Reports in Family Law Proceedings are ambitious and seek to address all of the issues raised in the consultations with stakeholders. Their implementation will ensure that our constitutional obligation to hear children’s views and that their best interests be the paramount consideration are truly fulfilled. They will contribute to a reformed family justice system which is user-focused, consistent and – most importantly – places children at its core.
Immigration Status
Questions (542)
Eoin Ó Broin
Question:542. Deputy Eoin Ó Broin asked the Minister for Justice the current processing times for applications for change of status (details supplied); and if she will make a statement on the matter. [29697/24]
View answerWritten answers
The median processing time for Change of Status applications is approximately 9 months.
To be fair to all applicants, applications are dealt with in chronological order by date received. My Department endeavours to process applications as quickly as possible. However, processing times may vary due to a number of factors, such as the number of applications on hand, individual circumstances, 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 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 email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
Domestic Violence
Questions (543)
Brendan Smith
Question:543. Deputy Brendan Smith asked the Minister for Justice the progress to date in providing a refuge centre in counties Cavan and Monaghan for victims of domestic abuse; and if she will make a statement on the matter. [29698/24]
View answerWritten answers
A key goal of the Zero Tolerance Strategy to address domestic, sexual and gender based violence (DSGBV), is ensuring that everyone who needs a refuge space will get one, and Government has committed to working with the sector to double the number of refuge spaces over the lifetime of the strategy.
As the Deputy is aware, prior to the establishment of Cuan, an Inter-Departmental Group was set up to manage and oversee progress on the delivery of additional refuge units. This Committee was initially chaired by the Department of Justice, with representation from the Department of Housing, Local Government and Heritage, Tusla and the Department of Children, Equality, Disability, Inclusion and Youth. It is now chaired by Cuan.
This Committee has worked with domestic violence support groups in the priority locations to support their advancement of new refuge developments with funding support from the Department of Housing, Local Government and Heritage.
Through this Committee, Cuan and the Department of Housing, Local Government and Heritage will continue to assist the development of local structures operating in the priority areas identified in the Third National Strategy and will support their advancement of the new refuges, with capital funding support continuing via the Department of Housing, Local Government and Heritage.
As accommodation for victims of DSGBV falls under the remit of Cuan, I am referring this question to them for direct answer.