Written Answers Nos. 544-560
544. Deputy Brendan Smith asked the Minister for Justice the proposals there are to amend domestic violence legislation taking in to account that safety orders and protection orders do not extend to siblings; and if she will make a statement on the matter. [29709/24]
View answerI am committed to combatting all forms of domestic violence and to ensuring we have an effective legislative response to tackle this heinous crime.
Under section 6 of the Domestic Violence Act 2018, a safety order is available to an applicant who, being of full age, resides with the respondent in a relationship the basis of which is not primarily contractual. While it is up to a court to interpret and apply legislative provisions, section 6 does not exclude siblings from applying for a safety order.
While there are currently no plans to extend the range of persons who can apply for safety and protection orders, I would like to assure the Deputy that all civil and criminal legislation is kept under review and I will consider any changes necessary to ensure it remains effective, proportionate, and fully compliant with due process and the Constitution.
I have strengthened our laws in this area and broadened the scope of how we define domestic violence, to ensure that more forms of abuse are recognised and punishable under the law.
Last November, under the Criminal Justice (Miscellaneous Provisions) Act 2023, I doubled the maximum sentence for assault causing harm; from five to ten years - one of the most commonly prosecuted offences in domestic and gender-based violence cases.
This act also introduced new stand-alone offences of stalking and non-fatal strangulation, both offences are common ways in which abusers target victims.
The Act also widens the existing offence of harassment to include any conduct that seriously interferes with a person’s peace and privacy, or causes alarm, distress, or harm and expands protections for victims in both the criminal and civil processes, including by, for example, putting restrictions on the publication of the victim’s identity, on cross-examination in person by the accused, and widening the ability to give evidence via video-link, or from behind a screen.
The 2023 Act also introduces a new system of civil orders designed to prevent stalking and protect victims. These orders represent an important first step in addressing stalking behaviour by allowing for earlier intervention without requiring the level of proof needed to secure a criminal conviction. An affected person, or a member of the Garda Síochána acting on their behalf, can apply to the District Court for an order prohibiting another person from engaging in relevant conduct.
This new approach extends protections currently available to certain victims under the Domestic Violence Act 2018 to all victims of stalking behaviour, regardless of their relationship with the perpetrator. These civil orders complement the criminal post-conviction orders available when a person has been found guilty of harassment or stalking offences.
Given that this is an entirely new system, commencement is dependent on proper legal and operational preparations, including the drafting and adoption of new rules of court. However, preparations are at an advanced stage, and I expect to be in a position shortly to formally set the commencement date for the civil orders provided for under Part 5 of the 2023 Act to come into operation.
545. Deputy Aindrias Moynihan asked the Minister for Justice the position on the Garda vetting review; what specifically is being reviewed for improving the current system in place; and if she will make a statement on the matter. [29736/24]
View answerThe primary purpose of vetting carried out by the Garda National Vetting Bureau is to ensure the safety of children and vulnerable adults. I know the Deputy appreciates the importance of this task and I am sure he agrees with the need for it to be carried out thoroughly and correctly.
I believe the many organisations concerned with the safety, enjoyment and comfort of children and vulnerable people understand that they must take all reasonable steps to ensure that only suitable people are recruited and employed, and take this responsibility very seriously. This requires a robust Garda vetting process that reassures the public - in particular, parents - that appropriate checks are conducted on people taking on positions of trust.
I am advised by Garda management that, while more complex cases can take some time, there is currently no delay or backlog in the standard vetting process. The current turnaround time for the vast majority of applications is 5-6 working days from the date of receipt, well within their target of 5-10 working days.
A review is currently underway by the Garda Vetting Review Group which I tasked with ensuring that any amendments to the vetting process ensure it remains robust, efficient and effective while improving the service to customers. The membership of the group includes the Gardaí, officials from the Department of Justice, from Tusla, and from other relevant stakeholders.
I can assure the Deputy that the Group’s primary focus has been to examine the means of strengthening the vetting legislation in a workable and effective manner. I am informed that the Group’s report on arrangements for Garda Vetting will be finalised in the coming weeks and I expect it to deal with issues that have arisen around the re-vetting period and the transfer of vetting across other similar activities, for example with sports teams.
I can also assure the Deputy that there will be no delay in responding to any recommendations made to me and I look forward to receiving the report in the near future.
546. Deputy Aindrias Moynihan asked the Minister for Justice the measures in place for victims of domestic violence under the current restorative justice systems; what further measures are being considered for these victims; and if she will make a statement on the matter. [29737/24]
View answerAs the Deputy will be aware, restorative justice is a criminal justice process which has been shown, through mediation, to help victims recover from crime, reduce re-offending and save public resources. It is one of a suite of measures available to the criminal justice system.
It is delivered by the Probation Service both pre- and post-sentence; by An Garda Síochána within the Garda Youth Diversion Programme, and by Community-Based Organisations (CBOs) that receive referrals at specific points in the criminal justice process.
Restorative justice processes are available to all victims of all crime in this country, including domestic violence, as per the Criminal Justice (Victims of Crime) Act 2017.
The Probation Service Restorative Justice and Victims Services Unit (RJVSU), which was established in 2018 to provide support and training to Probation teams across the country, is the single point of contact for all victims who contact the Probation Service. This service provides support and information to victims upon request. If further support is needed for victims of domestic violence, the unit will refer them on to the appropriate service.
Best practice dictates that all restorative justice processes, especially those relating to domestic violence cases, are victim led. That is to say that it is always in hands of the victim to decide if they wish to proceed with the restorative justice process.
Any request for restorative justice from a victim of domestic violence is responded to by the Probation Service with the utmost of care, given the imbalance of power in intimate partner abuse situations. The Probation Service is a competent authority with designated staff who are trained practitioners, equipped to assess each case very carefully and sensitively.
A comprehensive risk assessment is carried out on each case and restorative justice processes will only proceed if it is deemed safe to do so. It is also important to emphasise that the victim has the right to withdraw their permission and consent from the process at any stage.
In addition to the direct support and training provided by the Restorative Justice and Victims Services Unit, the Probation Service currently provides €787,770 in funding to five community-based organisations to provide dedicated restorative justice programmes.
Other Probation Service-funded CBOs also use restorative approaches in their work with clients to promote respectful relationships and address the harm caused by their offending.
In 2023, Minister James Browne published the Department of Justice’s policy paper ‘Promoting and supporting the provision of Restorative Justice at all stages of the criminal justice system’. The paper affirmed the Probation Service’s role in driving developments in this area and commits to providing dedicated funding to support expansion of restorative justice services.
The total budget allocated to the Probation Service for Services to Offenders for 2024 is €20,032,000, an increase of €1,500,000 in overall funding. €250,000 of the funding has been earmarked to further expand the network of CBOs in the delivery of enhanced restorative justice services and funding of €65,000 has already been provided to Restorative Justice in the Community (RJC) to enable the expansion of restorative justice Services into the Midlands.
The Probation Service is currently in the process of finalising a 3-year Restorative Justice Action Plan to drive out the integration of restorative justice into Probation Service practice and to enable the expansion of restorative justice provision nationally.
547. Deputy Aindrias Moynihan asked the Minister for Justice when local community safety partnerships will be established in Cork county; and if she will make a statement on the matter. [29738/24]
View answerCommunity safety is about people being safe and, importantly, feeling safe in their own communities.
Our approach to community safety is a whole-of-Government one. We want to bring the relevant social service providers and the Gardaí together with the community in a collaborative manner, by focusing on the concerns identified by the local community itself.
The Local Community Safety Partnerships (LCSPs) are provided for in Part 3 of the Policing, Security and Community Safety Act 2024, which was signed into law by the President in February 2024. It is my intention that the LCSPs will begin roll-out across Ireland later this year.
In preparation for the national roll-out of LCSPs, an Expression of Interest process is due to be undertaken by each Local Authority during July, including by both Cork City Council and Cork County Council, to identify a suitable Chairperson for each Local Community Safety Partnership over the course of the summer. I am hopeful that many communities will start to see Local Community Safety Partnerships established over the coming months.
The Partnerships will operate at local authority level and they will replace Joint Policing Committees (JPCs). The Partnerships will have a wider membership than JPCs and will include residents, local councillors, community representatives (including representatives of young people, older people, new and minority communities), business and education representatives and a range of public services including the HSE, Tusla, An Garda Síochána and the local authority.
Pilot partnerships have been running in Longford, Waterford and Dublin's North Inner City, and each has published a local community safety plan, which are available on the respective local authority websites. The plans set out a number of agreed actions to be undertaken by the members of the partnerships to enhance community safety in that area.
Each newly established LCSP will be required to develop and implement its own tailored community safety plan and will take a strategic approach to their work so that issues arising can be dealt with in a coordinated manner; addressed collectively by relevant service providers in partnership with the community.
I will also be establishing a National Office for Community Safety, which will have responsibility for delivering the objectives of the national strategy. The National Office will provide training, guidance and other support to the Local Community Safety Partnerships.
548. Deputy Verona Murphy asked the Minister for Justice to advise in regard to funding which has been sanctioned for the kit out of the new premises of Wexford women’s refuge in Maudlintown, County Wexford; when the funding is expected to be released to the refuge; what additional levels of funding will be awarded to the refuge going forward to manage operational costs; and if she will make a statement on the matter. [29813/24]
View answerA key action of the Third National Strategy is the doubling of refuge space numbers available during the lifetime of the Strategy to 280 refuge spaces.
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. This Committee is now chaired by Cuan.
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.
The Agency also has a dedicated team in place to support the development of domestic violence refuges.
As accommodation for victims of DSGBV falls under the remit of Cuan, I am referring this question to them for direct answer.
549. Deputy John Brady asked the Minister for Justice the number of gardaí committed to community policing in each of the past five years, in tabular form; and if she will make a statement on the matter. [29823/24]
View answerCommunity policing is at the heart of An Garda Síochána, and all Gardaí have a role to play in community policing in the course of carrying out their duties. Community policing is also fundamental to the new Garda Operating Model which is currently being rolled out across the country, and is fully commenced in thirteen Garda divisions.
The new model will provide more frontline Gardaí and increased Garda visibility, and will deliver a wider range of policing services for people in their local area. It will divide service delivery within divisions into four functional areas, one of the most important areas being Community Engagement. This will allow for a greater, more consistent, focus on community policing in all divisions.
The Garda authorities have advised me that a member of An Garda Síochána can be deemed to be a ‘Community Garda’ where that person is allocated to a Community Policing Team (CPT) and is responsible and accountable for applying a problem–solving approach to appropriate crime and policing quality-of-life issues in a specified geographic area through partnership and engagement. Examples of this engagement are working with Neighbourhood Watch, Community Alert, or local business fora.
Community Policing Teams strategically manage and lead the development, delivery and evaluation of the Garda Community Policing Framework. Like most Garda members, those assigned to CPTs have dual functions. In addition to their strategic roles in their Community Policing Teams, part of which requires them to regularly update their Community Engagement Superintendent on the policing needs of their community, they are also frontline members. It is also important to note that CPTs draw on all frontline Gardaí to carry out community policing.
I very much welcome the new interactive map on the Garda website which is designed to allow the public to identify the local CPT in their area. This map will continue to develop in line with the continued roll-out of the new Garda Operating Model.
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.
I am informed by the Garda authorities that on 31 March 2024, the latest date for when figures are available, there were 707 Community Gardaí assigned to Garda Divisions nationwide, an increase of over 12.5% since the end of December 2023.
For the Deputy's information, the number of Community Gardaí by Division from 2008 until March 2024 is published on my Department's website and can be accessed using the following link:
www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/
Please be advised that this information is operational and may be subject to change.
550. Deputy John Brady asked the Minister for Justice the percentage of Garda staffing hours which have been allocated to community policing, by county, over the past five years; and if she will make a statement on the matter. [29824/24]
View answerCommunity policing is at the heart of An Garda Síochána, and all Gardaí have a role to play in community policing in the course of carrying out their duties. Community policing is also fundamental to the new Garda Operating Model which is currently being rolled out in all 21 Divisions, and is fully commenced in 14.
The new model will provide more frontline Gardaí and increased Garda visibility, and will deliver a wider range of policing services for people in their local area. It will divide service delivery within divisions into four functional areas, one of the most important areas being Community Engagement. This will allow for a greater, more consistent, focus on community policing in all divisions.
The Garda authorities have advised me that a member of An Garda Síochána can be deemed to be a ‘Community Garda’ where that person is allocated to a Community Policing Team (CPT) and is responsible and accountable for applying a problem–solving approach to appropriate crime and policing quality-of-life issues in a specified geographic area through partnership and engagement. Examples of this engagement are working with Neighbourhood Watch, Community Alert, or local business fora.
Community Policing Teams strategically manage and lead the development, delivery and evaluation of the Garda Community Policing Framework. Like most Garda members, those assigned to CPTs have dual functions. In addition to their strategic roles in their Community Policing Teams, part of which requires them to regularly update their Community Engagement Superintendent on the policing needs of their community, they are also frontline members. It is also important to note that CPTs draw on all frontline Gardaí to carry out community policing.
I very much welcome the new interactive map on the Garda website which is designed to allow the public to identify the local CPT in their area. This map will continue to develop in line with the continued roll-out of the new Garda Operating Model.
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.
I am informed by the Garda authorities that it is not possible to quantify the Community Policing activity or role and the percentage of Garda staffing hours allocated to Community Policing. I am however advised that on 31 March 2024, the latest date for when figures are available, there were 707 Community Gardaí assigned to Garda Divisions nationwide, an increase of over 12.5% since the end of December 2023.
For the Deputy's information, the number of Community Gardaí by Division from 2008 until March 2024 is published on my Department's website and can be accessed using the following link:
www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/
Please be advised that this information is operational and may be subject to change.
551. Deputy John Brady asked the Minister for Justice to detail what is understood by her Department and An Garda Síochána as constituting community policing; and if she will make a statement on the matter. [29826/24]
View answerCommunity policing is at the heart of An Garda Síochána, and all Gardaí have a role to play in community policing in the course of carrying out their duties. Community policing is also fundamental to the new Garda Operating Model which is currently being rolled out in all 21 Divisions, and is fully commenced in 14.
The new model will provide more frontline Gardaí and increased Garda visibility, and will deliver a wider range of policing services for people in their local area. It will divide service delivery within divisions into four functional areas, one of the most important areas being Community Engagement. This will allow for a greater, more consistent, focus on community policing in all divisions.
As the Deputy may be aware the Community Policing Framework was introduced by the Garda Commissioner in 2020. In developing the Framework, An Garda Síochána engaged with key stakeholders, internal and external, to identify the policing requirements of communities.
An Garda Síochána listened to the guidance from their oversight agencies and carefully considered the recommendations contained in relevant reports on delivery of a community policing service (Commission on the Future of Policing in Ireland’s report, ‘The Future of Policing in Ireland, 2018’; Garda Síochána Inspectorate Report, ‘Crime Investigation, 2014’ and ‘Policing with Local Communities 2018’; and the KC Consulting Report on Community Policing 2017).
The Framework is accompanied by Community Policing Framework Guidelines for each and every member of An Garda Síochána and Garda staff. The guidelines provide An Garda Síochána with key principles that must be adhered to in order to deliver an effective community policing service, responsive to the needs of a modern and diverse community.
As defined in the guidelines, 'Community Policing' is the provision of a policing service to the whole community, both urban and rural, through a partnership-based, proactive, problem-solving style of policing. It is focused on community engagement, crime prevention and law enforcement and addresses crime and policing quality of life issues affecting communities.
The Garda authorities have advised me that a member of An Garda Síochána can be deemed to be a ‘Community Garda’ where that person is allocated to a Community Policing Team (CPT) and is responsible and accountable for applying a problem–solving approach to appropriate crime and policing quality-of-life issues in a specified geographic area through partnership and engagement. Examples of this engagement are working with Neighbourhood Watch, Community Alert, or local business fora.
Community Policing Teams strategically manage and lead the development, delivery and evaluation of the Garda Community Policing Framework. Like most Garda members, those assigned to CPTs have dual functions. In addition to their strategic roles in their Community Policing Teams, part of which requires them to regularly update their Community Engagement Superintendent on the policing needs of their community, they are also frontline members. It is also important to note that CPTs draw on all frontline Gardaí to carry out community policing.
552. Deputy John Brady asked the Minister for Justice the strength levels of the Garda drug squad over the past five years, by county, in tabular form; and if she will make a statement on the matter. [29827/24]
View answerTackling serious and organised crime is a key priority for me as Minister for Justice, and I am committed to ensuring that An Garda Síochána has the resources it needs to ensure communities around Ireland are safe and feel safe.
The unprecedented allocation of over €2.35 billion for 2024 to An Garda Síochána demonstrates the Government's commitment to ensuring An Garda Síochána has provision for the equipment, technology, facilities, fleet and personnel it needs to carry out its vital policing work. This funding has enabled the Garda Commissioner to assign extra resources to the specialist units involved in tackling organised crime.
These units include the Garda National Drugs and Organised Crime Bureau (GNDOCB), the National Bureau of Criminal Investigation, the Armed Support Unit, and the Criminal Assets Bureau (CAB).
GNDOCB leads in tackling all forms of drug trafficking and the supply of illicit drugs in Ireland. Given the global nature of the drugs trade, international law enforcement co-operation remains a key element in the overall response.
I am formed by the Garda authorities that, as of the end of April 2024, there were 105 Gardaí assigned to the GNDOCB. The table below provides a breakdown by rank.
|
C/Supt |
Supt |
Inspector |
Sergeant |
Garda |
Total |
|
1 |
3 |
3 |
20 |
77 |
104 |
The Bureau’s work is supported by Divisional Drugs Units nationwide, and by all Gardaí working in local communities.
The further table below, provided to me by the Garda authorities, outlines the number of Gardaí assigned to each Divisional Drugs Unit nationwide from the end of December 2019 up to the end of April 2024.
|
Divisional Drugs Units |
Dec-19 |
Dec-20 |
Dec-21 |
Dec-22 |
Dec-23 |
Apr-24 |
|
D.M.R.S.C. |
17 |
10 |
6 |
4 |
15 |
14 |
|
D.M.R.N.C |
12 |
19 |
12 |
31 |
24 |
34 |
|
D.M.R.N. |
19 |
30 |
28 |
29 |
23 |
24 |
|
D.M.R.E. |
0 |
7 |
7 |
6 |
7 |
7 |
|
D.M.R.S. |
18 |
23 |
24 |
25 |
24 |
21 |
|
D.M.R.W. |
7 |
22 |
26 |
20 |
27 |
26 |
|
Waterford |
15 |
14 |
17 |
14 |
15 |
13 |
|
Wexford |
9 |
9 |
10 |
11 |
8 |
8 |
|
Kilkenny/Carlow |
5 |
7 |
11 |
8 |
7 |
11 |
|
Cork City |
14 |
15 |
23 |
19 |
17 |
19 |
|
Cork North |
5 |
9 |
8 |
8 |
7 |
7 |
|
Cork West |
5 |
6 |
7 |
7 |
6 |
6 |
|
Kerry |
11 |
10 |
15 |
15 |
12 |
12 |
|
Limerick |
10 |
19 |
19 |
22 |
23 |
18 |
|
Donegal |
6 |
18 |
21 |
5 |
7 |
9 |
|
Sligo/Leitrim |
6 |
6 |
2 |
7 |
8 |
8 |
|
Galway |
9 |
9 |
8 |
10 |
21 |
17 |
|
Kildare |
11 |
10 |
9 |
10 |
13 |
7 |
|
Laois/Offaly |
3 |
1 |
1 |
1 |
9 |
9 |
|
Wicklow |
4 |
6 |
6 |
7 |
5 |
5 |
|
Louth |
4 |
13 |
14 |
11 |
11 |
|
|
Cavan/Monaghan |
6 |
4 |
3 |
2 |
0 |
|
|
Louth/Cavan/Monaghan |
20 |
|||||
|
Clare |
3 |
3 |
3 |
3 |
3 |
|
|
Tipperary |
7 |
7 |
11 |
12 |
11 |
|
|
Clare/Tipperary |
17 |
|||||
|
Mayo |
5 |
8 |
8 |
7 |
7 |
|
|
Roscommon/Longford |
5 |
7 |
6 |
4 |
5 |
|
|
Mayo/Roscommon/Longford |
12 |
|||||
|
Meath |
7 |
7 |
5 |
6 |
5 |
|
|
Westmeath |
8 |
7 |
5 |
7 |
6 |
|
|
Meath/Westmeath |
12 |
|||||
|
Total |
231 |
306 |
315 |
311 |
326 |
336 |
Please note that this information is based upon operational data which has been provided by An Garda Síochána and is liable to change.
I am assured that Garda management keeps the distribution of resources under continual review, in the context of crime trends and policing priorities.
553. Deputy Joe Flaherty asked the Minister for Justice to provide an update on an application by a person (details supplied) for citizenship. [29833/24]
View answerThe 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.
554. Deputy Patrick Costello asked the Minister for Justice further to Parliamentary Question No. 426 of 23 April 2024, the reason a review of the Multi-Unit Developments Act 2011 cannot be carried out whilst safety defect remediation takes place concurrently, given this is a commitment within the Programme for Government; and if she will make a statement on the matter. [29840/24]
View answer555. Deputy Patrick Costello asked the Minister for Justice for an update on the work of the interdepartmental group to consider what further regulatory measures may be required for owners' management companies in the context of the interim remediation scheme for fire safety defects in eligible apartments and duplexes and the proposed statutory remediation scheme; and if she will make a statement on the matter. [29841/24]
View answerI propose to take Questions Nos. 554 and 555 together.
Last December, the Minister for Housing, Local Government and Heritage Darragh O’Brien TD announced the opening of the Interim Remediation Scheme (Scheme) for Fire Safety Defects in Eligible Apartments and Duplexes.
The Scheme provides for the funding of emergency fire safety defect works in order to provide an acceptable level of fire safety in buildings, pending completion of the full remedial works.
Apartments and duplexes built between 1991 and 2013 with eligible defects qualify for the Scheme.
The Scheme, which is being administered by the Housing Agency on a nationwide basis, is open to applications via the Housing Agency’s website.
Given their current legal obligations and ownership of common areas, Owners’ Management Companies (OMCs) will receive funding to carry out the necessary remediation works.
The Department of Housing, Local Government and Heritage has also been advancing the steps to put the remediation scheme on a statutory footing as a matter of priority. Full remedial works, which will include all necessary fire safety measures as well as those related to water ingress and structural damage, will be funded under the statutory scheme.
I have agreed with the Minister for Housing, Local Government and Heritage, Darragh O’Brien TD, to establish an Interdepartmental Group to consider what further regulatory measures may be required for OMCs in the context of the interim scheme and the proposed statutory scheme. The Group will hold its first meeting in July.
Finally, my Department also continues to engage constructively with the Department of Housing, Local Government and Heritage in relation to the review of the MUDs Act, which will be informed by key ongoing developments such as the remediation scheme and the helpful Interdepartmental Group being established.
556. Deputy Patrick Costello asked the Minister for Justice if her Department will compile an official guide outlining the rules and responsibilities of all stakeholders under the Multi-Unit Developments Act 2011; how to ensure fair, efficient and effective management of owners' management companies ; to detail the parameters and powers of the Companies Registration Office and the Corporate Enforcement Authority to provide legal oversight related to the Act; and if she will make a statement on the matter. [29844/24]
View answerThe Multi-Unit Developments (MUDs) Act 2011 facilitates the fair, efficient and effective management of owners' management companies (OMCs).
The MUDs Act sets out a number of obligations on OMCs, such as in relation to the management of annual service charges by OMCs and expenditure incurred of a non-recurring nature by OMCs (ie ‘sinking fund’ expenditure). The MUDs Act and the obligations contained therein can be read in full at the following link: Multi-Unit Developments Act 2011 (irishstatutebook.ie)
In addition, the Housing Agency which is a statutory body under the aegis of the Department of Housing, Local Government and Heritage, already provides extensive information and guidance relevant to residents and OMCs in dealing with their obligations and rights under the MUDs Act.
Further information can be found on the Housing Agency website at the following link: Multi-Unit Developments / Managed Estates | The Housing Agency
As regards legal oversight of OMCs, it should be noted that OMCs are subject to company law provisions under the Companies Act 2014 (‘2014 Act’), including their own Memorandum of Association and are subject to oversight by the Companies Registration Office and the Corporate Enforcement Authority (CEA).
The CEA investigates all complaints received regarding alleged non-compliance with the 2014 Act. In that regard, the principal obligations imposed by the Act on companies and their directors include those relating to the holding and conduct of annual meetings of the members, proper record keeping, financial statements and audit (where applicable), the conduct of directors, and the filing of required documents with the Companies Registration Office (CRO).
Where non-compliance with the Act is identified, the CEA takes appropriate action, which can include securing voluntary rectification, civil enforcement (such as requiring company directors to take certain action) and criminal prosecution. Anyone who suspects that company law is not being complied with can make a complaint to the CEA.
The Authority is also a prescribed person to receive protected disclosures concerning relevant wrongdoings under the protected disclosures legislation.
Separately, the Companies Registration Office treats OMCs of multi-unit developments no differently to any other company in terms of their filing obligations under the Companies Act 2014.
Furthermore, the MUDs Act also acknowledges the risk of disputes arising in the enforcement of rights and the performance of obligations imposed by its provisions on OMCs. Section 24 of the MUDs Act makes provision for the resolution of such disputes.
557. Deputy Claire Kerrane asked the Minister for Justice the reason waiting times for visit a family/friend visas, short-term visits to Ireland, are taking over a year to process when in appeal (details supplied); the reason, given these are short-term stays, the decisions are taking so long; if she will act to reduce these waiting times; and if she will make a statement on the matter. [29846/24]
View answerI appreciate the impact of delays on applicants and my Department has taken a number of measures to address the backlog including the assignment of additional staff resources and the use of overtime working. The resources available for these activities, and the accompanying operational and organisational structures are kept under ongoing review to ensure that resources are deployed as efficiently as possible.
The processing times for short term visas by the Dublin Visa Office for tourism or to visit family or friends is approximately 5 to 6 weeks.
While every effort is made to process appeals as soon as possible, processing times will vary having regard to the volume and complexity of appeals, the possible need for the Immigration Service Delivery (ISD) function of my Department to seek further information, and the resources available.
The visa system is an essential part of our immigration system and is a preclearance mechanism to determine who can travel to Ireland. All applications are subject to scrutiny and must be supported by documentation to be approved. If a person wishes to visit Ireland for a short period they will need to demonstrate they have obligations to leave and that they will abide by the conditions of the visa.
All applicants for a short stay ‘C’ visa (whether for a single entry or multiple entries) must show that they have sufficiently strong family, social or economic ties to a place of residence in a country other than Ireland to assure the visa officer assessing the application that the proposed stay in Ireland will be temporary and in accordance with the duration and conditions of the permission granted by the immigration authorities on arrival in Ireland. The maximum stay allowed under a short stay ‘C’ visa is 90 days.
The responsibility for demonstrating substantial ties to a country other than Ireland rests with the applicant. The burden of proof in all cases is on the applicant to satisfy the visa officer. The visa officer may verify any evidence submitted in support of an application. Guidelines in this regard are posted on our website. Applicants that follow these guidelines have an improved prospect of receiving a positive decision at first instance. Documents normally required in support of an application are set out on the following webpage:
www.irishimmigration.ie/coming-to-visit-ireland/how-to-apply-for-a-short-stay-c-visit-tourist-visa/.
It should also be noted that visa appeals are dealt with in strict chronological order.
558. Deputy Claire Kerrane asked the Minister for Justice when a decision will be made on visit a family/friend visa appeal (details supplied); and if she will make a statement on the matter. [29847/24]
View answerThe visa applications referred to by the Deputy were refused by the Visa Office in Dublin. The reasons for these decisions were set out in the refusal letters sent to the applicants on 5 March 2024. Appeals of these decisions were received on 2 May 2024.
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 our website. Applicants that meticulously follow these guidelines have an improved prospect of receiving a positive decision at first instance.
All applicants for a short stay ‘C’ visa (whether for a single entry or multiple entries) must show that they have sufficiently strong family, social or economic ties to a place of residence in a country other than Ireland to assure the visa officer assessing the application that the projected stay in Ireland will be temporary and in accordance with the duration and conditions of the permission granted by the immigration authorities on arrival in Ireland. The maximum stay allowed under a short stay ‘C’ visa is 90 days.
The responsibility for demonstrating substantial ties to a country other than Ireland rests with the applicant. The burden of proof in all cases is on the applicant to satisfy the visa officer. The visa officer may verify any evidence submitted in support of an application.
There is no right to a visa nor is there one set of documents or circumstances of application that will guarantee the approval of an application. However, the documents normally required in support of an application are set out in the ‘Guide to Supporting Documentation’ for each type of short stay ‘C’ visa.
It should be noted that visa appeals are dealt with in strict chronological order.
Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday:
www.irishimmigration.ie/visa-decisions/.
Processing times can change during the year, for example before holiday periods or for study applications prior to a new college year.
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 at: IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
559. Deputy Patrick Costello asked the Minister for Justice the current levels of staffing in the Data Protection Commissioner; the current number of vacant positions; and the total target workforce. [29866/24]
View answerUnder the General Data Protection Regulation and the Data Protection Act 2018, the Data Protection Commission (DPC) is independent in the performance of its tasks and the exercise of its powers.
The DPC received €27.9m in funding under Budget 2024 - an almost eightfold increase on the 2015 allocation.
I am advised that the current staffing level in the DPC is 234 (as at 8 July 2024). There are currently 56 vacant positions with a targeted headcount of 290.
560. Deputy Patrick Costello asked the Minister for Justice the current levels of staffing in the Courts Service; the current number of vacant positions; and the total target workforce. [29867/24]
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.
Figures of this nature are recorded by the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.
