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Wednesday, 18 Sep 2024

Written Answers Nos. 530-547

An Garda Síochána

Questions (531)

Thomas Pringle

Question:

531. Deputy Thomas Pringle asked the Minister for Justice whether racial awareness training takes place on an ongoing basis for members of the judiciary and an Garda Síochána; if the organisations are satisfactory in relation to ECRI general policy recommendation No.11 on combating racism and racial discrimination in policing; and if she will make a statement on the matter. [36761/24]

View answer

Written answers

I have contacted the Garda authorities for the information requested by the Deputy. Regrettably, this information was not available in time and I will write to the Deputy directly when it is to hand.

An Garda Síochána

Questions (532)

Alan Kelly

Question:

532. Deputy Alan Kelly asked the Minister for Justice the number of new Garda vehicles allocated to the Garda technical bureau to date in 2024; and the number of Garda vehicles from the technical bureau withdrawn during same period, in tabular form. [36797/24]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes the distribution of resources, including the Garda fleet, across the various Garda Divisions. As Minister, I have no direct role in these matters.

The Government is committed to providing An Garda Síochána with the necessary resources to keep people safe. This is reflected in the unprecedented allocation of over €2.35 billion in Budget 2024. This is allowing for sustained investment in recruitment, equipment, technology and vehicles.

There are now 3,530 vehicles in the Garda fleet, the highest total of vehicles ever in use by An Garda Síochána, and an increase of over 35% since 2015. The fleet includes 2,657 cars, 589 vans, 132 motorcycles, 100 4x4 and 52 others (refers to MPV, SUV, Minibus or Prisoner Conveyance Vehicles).

I am informed by Garda Authorities that no vehicles were allocated to or removed from the Garda Technical Bureau to date in 2024, as of 31 August 2024.

The table below, which has been provided to me by the Garda authorities, indicates the number of vehicles currently allocated to the Garda Technical Bureau as of August 31 2024.

Cars

Vans

4x4

Total

10

4

1

15

I have been advised that the purchase and allocation of vehicles by An Garda Síochána is made on the basis of identified operational demands, the availability of resources and is reviewed on a continual basis.

An Garda Síochána

Questions (533)

Alan Kelly

Question:

533. Deputy Alan Kelly asked the Minister for Justice the estimated costs in 2025 if 35 additional WTE digital forensic examiners at engineering grade 3 were recruited for An Garda Síochána. [36798/24]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes the distribution of resources, including Garda staff, across the various Garda Divisions. As Minister, I have no direct role in these matters.

The Government is committed to providing An Garda Síochána with the resources it needs to keep people safe. This is reflected in the unprecedented allocation of over €2.35 billion in Budget 2024. This is allowing for sustained investment in recruitment, equipment, technology and vehicles.

I am informed by Garda authorities that the estimated full-year payroll cost of recruiting 35 WTE digital forensic examiners at engineering grade 3 level is approximately €1.52million (€43,453 per person). The costing assumes that the staff are placed on the first point of the current engineer grade 3 pay scale. Scheduled pay rises and scheduled changes to the rate of employer’s PRSI are included in the calculation.

An Garda Síochána

Questions (534)

Alan Kelly

Question:

534. Deputy Alan Kelly asked the Minister for Justice the number of intoxilyzer machines based in each Garda division as of 12 September 2024, in tabular form. [36799/24]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes the distribution of resources across the various Garda Divisions. As Minister, I have no direct role in these matters.

The Government is committed to providing An Garda Síochána with the resources required to keep people safe. This is reflected in the unprecedented allocation of over €2.35 billion in Budget 2024. This is allowing for sustained investment in recruitment, equipment, technology and vehicles.

I am informed by the Garda authorities that the Medical Bureau of Road Safety is responsible for the supply, maintenance and upkeep of breath testing machines due to the ongoing requirements to have these machines regularly calibrated to provide accurate results for court purposes. The model of Intoxilyzer machine currently in use by An Garda Síochána for in-station breath testing is the Evidenzer IRL.

The table below, which has been provided to me by the Garda authorities, indicates the number of these machines allocated across each Garda Division as of 13 September 2024:

Division

Clare Tipperary

10

Cork City

2

Cork County

7

DMR East

1

DMR North

2

DMR North-Central

1

DMR South

1

DMR South-Central

2

DMR West

3

Donegal

5

Galway

5

Kerry

4

Kildare

4

Laois/Offaly

3

Limerick

3

Louth Cavan Monaghan

7

Mayo Roscommon Longford

6

Meath Westmeath

6

Sligo Leitrim

3

Waterford Kilkenny Carlow

4

Wicklow Wexford

8

Grand Total

87

Departmental Policies

Questions (535)

Thomas Pringle

Question:

535. Deputy Thomas Pringle asked the Minister for Justice her views on the Council of Europe CM/Rec(2024)4, which impresses on Member States the importance of the need for the criminal justice system to identify, address and take measures to eliminate any institutional bias and discrimination in order to combat impunity, increase the trust of victims in that system and improve the experiences of those who engage with the system (details supplied); the steps she is taking to identify and address institutional bias and discrimination in the system, given that institutional racism and racial profiling were found to be present across the Irish criminal justice system in a project; and if she will make a statement on the matter. [36817/24]

View answer

Written answers

I have contacted the Garda authorities for information on the issues raised by the Deputy. Regrettably, this information was not available in time and I will write to the Deputy directly when it is to hand.

An Garda Síochána

Questions (536)

Catherine Murphy

Question:

536. Deputy Catherine Murphy asked the Minister for Justice the number of motorcycles attached to the Wicklow Garda roads policing unit as of 11 September 2024; and if she will provide the same figures as of 11 September 2021, in tabular form. [36821/24]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes the distribution of resources, including the Garda fleet, across the various Garda Divisions. As Minister, I have no direct role in this matter.

The Government is committed to providing An Garda Síochána with the resources needed to keep people safe. This is reflected in the unprecedented allocation of over €2.35 billion in Budget 2024. This is allowing for sustained investment in recruitment, equipment, technology and vehicles.

There are now 3,530 vehicles in the Garda fleet, the highest total of vehicles ever in use by An Garda Síochána and an increase of over 35% since 2015. The fleet includes 2,657 cars, 589 vans, 132 motorcycles, 100 4x4 and 52 others (refers to MPV, SUV, Minibus or Prisoner Conveyance Vehicles).

The table below, which has been provided to me by the Garda authorities, indicates the number of motorbikes allocated to roads policing duty in Wicklow on August 31 2021, and the number currently allocated to the recently merged Division of Wexford/Wicklow:

-

Motorbikes

Wicklow as at 31.08.21

2

Wexford/Wicklow as at 31.08.24

3

I have been advised that the purchase and allocation of vehicles by An Garda Síochána is made on the basis of identified operational demands, the availability of resources and is reviewed on a continual basis.

Victim Support Services

Questions (537)

Cian O'Callaghan

Question:

537. Deputy Cian O'Callaghan asked the Minister for Justice if her Department has taken any further action in relation to a situation (details supplied) where a victim of a crime has not been given the release date of the convicted person; and if she will make a statement on the matter. [36845/24]

View answer

Written answers

The case referred to by the Deputy relates to an individual convicted for attempted murder, who has served the sentence handed down for that crime, but is now being separately detained, for a concurrent, but longer period of detention in the Central Mental Hospital on foot of an unrelated criminal offence.

This means that while the victim in the attempted murder case was entitled to be informed of the release date of the perpetrator in relation to that criminal conviction, that right is essentially moot. This is because the perpetrator was not released at the end of that sentence but will remain in the Central Mental Hospital for a longer period as a result of the concurrent, but longer period of detention for the unrelated offence.

Given the unique and complex nature of this case, senior officials from my Department met with the victim to discuss the particular circumstances of their case.

On foot of that meeting, my officials have committed to examining how we can ensure that a person’s right to information about the release date would continue to operate where the actual date of release from detention is deferred due a separate detention in the Central Mental Hospital on an unrelated matter. This examination will include looking at whether amending legislation is required, as I am committed to ensuring that legislation meets victims’ needs.

Visa Applications

Questions (538)

Bernard Durkan

Question:

538. Deputy Bernard J. Durkan asked the Minister for Justice if the visa application of a person (details supplied) can be reviewed, with particular reference to the confirmation that they were returning home at the end of their visa stay, including the confirmation of a return flight; and if she will make a statement on the matter. [36890/24]

View answer

Written answers

I can inform the Deputy that following full consideration by a Visa Officer, the visa application referred to was refused. A letter issued to the applicant on 6 September 2024 outlines the reasons for this refusal.

An appeals process is available which allows applicants, in the event of a refusal of the application at first instance, to address the factors which gave rise to that decision.

It is open to the applicant to appeal this decision, in writing, within two months of the date of the refusal. Appeals must be in written form and sent to the Visa Appeals Officer in the relevant Visa Office. Faxed or emailed appeals will not be considered.

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.

When making an appeal, the applicant should take into account the reasons for refusal listed in the refusal letter. The appeal should include any further information or additional documentation they wish to have considered, and should be sent for the attention of the Visa Appeals Officer, in the relevant Visa Office, where the matter will be considered afresh. You will find further details on the appeals process at the following link:

www.irishimmigration.ie/appeal-a-negative-decision/

Full consideration will be given to any appeal received on behalf of the applicant, however the onus is on the applicant to satisfy the Visa Officer that a visa should be granted.

The applicant is advised not to pay for a travel ticket before they receive a decision on their visa. There is no guarantee that any individual application will be successful.

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.

Departmental Reviews

Questions (539)

Patrick Costello

Question:

539. Deputy Patrick Costello asked the Minister for Justice the current number of live studies, reviews and research undertaken or commissioned by her Department; and the date by which each study, review and research is scheduled to be completed, in tabular form. [36899/24]

View answer

Written answers

As the Deputy will understand, my Department is responsible for a wide range of operational, policy and legislative matters in relation to civil and criminal justice and the immigration system and has responsibility for a large number of statutory and non-statutory bodies.

In the normal course of business, the Department keeps all aspects of our operations, policies and legislation under review in order to ensure that they remain fit for purpose. This is supported through research and ongoing collaboration and consultation with stakeholders, including public representatives, as well as the public.

The information requested by the Deputy in relation to live studies, reviews and research undertaken or commissioned by my Department is set out in tabular form below.

Study/Review/Research

Expected Completion Date

Policy review of the Criminal Justice (Community Sanctions) Bill

Q3 2024

Judicial perspectives of the Criminal Justice (Community Service)(Amendment) Act 2011 [commissioned research]

Q3 2024

Ethnic Monitoring in the Criminal Justice System

Q4 2024

The Review of Part 4 of the Criminal Law (Sexual Offences) Act 2017.

Q4 2024

Criminal Justice Public Attitudes Survey 2023/2024

Q4 2024/Q4 2025

Research examining the operation of the in camera rule in the context of family law proceedings

Q4 2024

Fireworks Campaign Evaluation

Q4 2024

Review of Language Support Services (Criminal Justice System)

Q4 2024

Review of prison security arrangements

Q4 2024

The Review of the Civil Legal Aid Scheme

Q4 2024

Analysis and modelling of future prison population

Q4 2024

Review of Jury Service

Q1 2025

Review of Prison Rules 2007

Q2 2025

Review of personal insolvency legislation

2025

Review of the Department’s Family Reunification Policy

2025

Agriculture Schemes

Questions (540)

Niamh Smyth

Question:

540. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine if the case of a farmer (details supplied) can be reviewed; and if he will make a statement on the matter. [36064/24]

View answer

Written answers

There are two aspects to this case. The first of these is that it is clear that the farmer and family named above should obtain legal advice regarding farm succession, to protect the legal rights and assets of all involved. When this issue is resolved, my Department can help the farmer and family to ensure that the farm is transferred smoothly, and assisting them with ensuring that farm payments can continue to issue as appropriate.

Matched with this, I would advise the farmer/family to engage with a Farm Advisory System approved agricultural advisor to obtain the best advice and help on farm schemes, and some advisors are very experienced in farm succession. I understand that Teagasc for example are running a series of “transferring the family farm” clinics (link below) in early October.

www.teagasc.ie/rural-economy/farm-management/succession--inheritance/transferring-the-family-farm/#:~:text=These%20clinics%20are%20designed .

I hope this helps the family here, and again I reiterate that legal advice should be sought in this case.

Harbours and Piers

Questions (541)

John Lahart

Question:

541. Deputy John Lahart asked the Minister for Agriculture, Food and the Marine if the case for the provision of a floating pier at a location (details supplied) can be examined; and if he will make a statement on the matter. [36074/24]

View answer

Written answers

It is my understanding that Inchagoill Island in Lough Corrib is in the ownership of Coillte. As Coillte was established as a private commercial company under the Forestry Act, 1988, day-to-day operational matters, such as the installation of a floating pier on the island, are the responsibility of the company.

I have referred the matter to Coillte for direct follow-up with the Deputy.

Artificial Intelligence

Questions (542)

Matt Carthy

Question:

542. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if his Department has a policy, or has issued guidance to staff on the use of artificial intelligence, large language model, natural language processing, generative or otherwise, or products based thereon in the course of their duties; if this has been communicated to staff; if he will publish same [36134/24]

View answer

Written answers

My Department has an Artificial Intelligence (AI) policy in place. The policy is in the process of being communicated to all staff. My Department has issued guidance to assist Department staff in understanding their responsibilities on the use of artificial intelligence, including large language models, natural language processing, generative or otherwise or products based thereon in the course of their duties. As with all internal departmental Information Technology and Security policies, it is not available for external publication.

My Department continues to comply with guidance provided by the National Cyber Security Centre (NCSC) on the use of and application of AI, including Generative AI.

Artificial Intelligence

Questions (543)

Matt Carthy

Question:

543. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if his Department, or any agency under his auspices, has ever used any artificial intelligence software in the preparation of response to parliamentary questions, or in responses to any correspondence from outside the organisation; the details of same if applicable; and if he will make a statement on the matter. [36153/24]

View answer

Written answers

Artificial Intelligence (AI), such as Generative AI (GenAI) is currently blocked from use within the Departments IT Infrastructure, precluding use in business activities such as in the preparation of and response to parliamentary questions or in response to any correspondence from outside the organisation. The Department continues to comply with guidance provided by the National Cyber Security Centre (NCSC) on the use of and application of GenAI.

Departmental Funding

Questions (544)

Pauline Tully

Question:

544. Deputy Pauline Tully asked the Minister for Agriculture, Food and the Marine the funding that was allocated in the Budget to the social farming model in 2020, 2021, 2022, 2023 and 2024, in tabular form. [36190/24]

View answer

Written answers

Funding allocated by my Department to Social Farming through the Rural Innovation and Development Fund in years 2020 to 2024:

Year

Funding

2020

€760,000

2021

€777,000

2022

€777,000

2023

€777,000

2024

€777,000

Invasive Species Policy

Questions (545)

Michael Healy-Rae

Question:

545. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he has any plans to highlight the dangers of the 'Asian hornet' in Ireland in a public campaign; and if he will make a statement on the matter. [36227/24]

View answer

Written answers

The Asian Hornet poses a serious threat to our honey bee colonies and to all our pollinators. In Ireland, the first discovery of a live specimen of Asian Hornet occurred on the 25th of April 2021.

As the Asian Hornet is considered an invasive species it falls under the responsibility of the National Parks and Wildlife Service (NPWS) at the Department of Housing, Local Government and Heritage. The NPWS leads on the prevention and management of the introduction and spread of invasive alien species.

My Department engages regularly with the NPWS and the National Biodiversity Data Centre regarding the threat of the Asian Hornet and officials from my Department also participate in the British-Irish Council Asian Hornet Taskforce Meetings.

My Department plays a proactive role in raising public awareness on the threat the Asian Hornet presents and actively encourages all beekeepers and members of the public to report any suspected sightings.

Suspected sightings can be reported to my Department at beekeeping@agriculture.gov.ie or alternatively through an online form records.biodiversityireland.ie/record/invasives or via the Biodiversity Data capture app.

My Department also runs an Asian Hornet Monitoring Programme. The Programme provides volunteer participants with Asian Hornet traps free of charge and participants can submit any suspect samples for further analysis and identification to my Department's laboratory.

Official Engagements

Questions (546)

Matt Carthy

Question:

546. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if he will report on his engagements with his Cabinet colleagues regarding the Mercosur trade agreement; and if he will make a statement on the matter. [36249/24]

View answer

Written answers

The European Commission reached political agreement in its trade negotiations with the Mercosur countries in June 2019. Throughout these negotiations my Department and the Department of Enterprise, Trade and Employment, which leads on trade policy issues for the Government, have engaged extensively and will continue to engage on the ongoing negotiations between the European Union and Mercosur.

Due to additional concerns raised by a number of EU member states, including Ireland, on the strength of the environmental and sustainability provisions in the original agreement, the Commission and Mercosur recommenced negotiations in 2023 on a joint instrument aimed at addressing these concerns.

Ireland has consistently sought for the Commission to ensure that the joint instrument currently being negotiated is comprehensive in its scope. It must include binding commitments on climate change, biodiversity, combating deforestation and labour rights. Indeed, I reiterated these points at the most recent Agri-Fish Council meeting in July.

The Minister for Enterprise, Trade and Employment and I, along with officials in our respective Departments, continue to raise these issues at EU level, including at EU Council of Ministers meetings (in both Trade and Agriculture formations).

I can assure the Deputy that Ireland will continue to demand that the final substance of any joint instrument is substantial and robust in addressing the environmental and sustainability concerns we and other Member States have.

Agriculture Schemes

Questions (547)

Matt Carthy

Question:

547. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the number of farmers that received an advanced ACRES payment in each county; the number within each county for which a clawback demand has been sought, in tabular form; and if he will make a statement on the matter. [36250/24]

View answer

Written answers

I will respond to the Deputy directly when the information requested has been compiled.

The following deferred reply was received under Standing Order 51.
The attached table represents the number of Farmers that received an advanced ACRES payment and the number that have received an advance payment and an overpayment.

County

Advance Payments

Overpayments Arising from Advance Payments

Carlow

269

3

Cavan

1080

89

Clare

1150

85

Cork

1283

76

Donegal

1280

11

Dublin

31

0

Galway

2170

38

Kerry

455

24

Kildare

198

8

Kilkenny

470

15

Laois

259

9

Leitrim

587

14

Limerick

606

53

Longford

988

20

Louth

125

8

Mayo

2160

57

Meath

376

15

Monaghan

475

72

Offaly

517

25

Roscommon

1882

45

Sligo

729

9

Tipperary

769

46

Waterford

223

19

Westmeath

737

12

Wexford

636

8

Wicklow

264

6

Total

19719

767

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