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Tuesday, 5 Nov 2024

Written Answers Nos. 702-721

Departmental Data

Questions (702)

Holly Cairns

Question:

702. Deputy Holly Cairns asked the Minister for Justice for a breakdown of staffing levels in the immigration service delivery visa division, specifically the number of staff currently allocated to processing appeals. [45206/24]

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Written answers

I can advise the Deputy, that there are seven overseas Visa Offices in addition to the Visa Office in Dublin.  The overseas offices are located in Abuja, Beijing, London, Moscow, Ankara, Abu Dhabi and New Delhi.

There are total of 108 Full Time Equivalent staff in my Department's Visa Division of which 32 staff are engaged on appeals work, many of the officers handling appeal cases will have other visa functions in addition to processing appeal applications.

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.

Applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available.

As the Deputy may be aware, my Department has established a modernisation programme to transform its immigration operations to provide a modern, transparent system which is much more accessible and responsive to the public's needs.

The modernisation programme is restructuring the immigration system and will replace legacy information management systems, introducing a new single platform for immigration services. This platform is being delivered in phases and it will, over time, significantly improve customer service capacity.

On 24 October 2024,  my Department introduced a Digital Contact Centre (DCC) for our customers. The DCC allows individuals to log in and review the status of their immigration applications.

In its first phase, the DCC can be used to check the status of and raise queries in relation to Citizenship Applications, Visa Applications, Domestic Residence Permission Applications, EU Treaty Rights Applications and Travel Documents Applications.

My Department’s new platform can be accessed at the following link:

portal.irishimmigration.ie/en/

Legal Services Regulation

Questions (703)

Pa Daly

Question:

703. Deputy Pa Daly asked the Minister for Justice the steps that have been taken regarding the processes and functions of peace commissioners in light of the RTÉ investigation into the usage of a peace commissioner’s signature on court summonses. [43824/24]

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Written answers

In line with the provisions of section 88 of the Courts of Justice Act 1924, Peace Commissioners are appointed, and may be removed from that appointment, by me in my capacity as Minister for Justice. The office of Peace Commissioner is an honorary one for which there is no remuneration or compensation by way of fees or expenses for their services.

The legislation underpinning the office of Peace Commissioner dates back a century and my Department is currently undertaking a review of the role, functions and appointment process related to the office of Peace Commissioner. Recommendations regarding legislative amendments deemed appropriate will be brought forward in the context of a report on this review, which will be submitted to me in due course.

An Garda Síochána

Questions (704)

Jennifer Whitmore

Question:

704. Deputy Jennifer Whitmore asked the Minister for Justice if an evaluation of the current model for supervision and or debriefing for members of An Garda Síochána (AGS) post-traumatic events has been conducted; if so, the finding of that evaluation; if there options for those attending repeated tragic events to be given reprieve from frontline service in order to ensure wellbeing and longevity within AGS; and if she will make a statement on the matter. [43908/24]

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Written answers

As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, which includes Garda HR matters. As Minister, I have no direct role in these matters.

I want to make it clear that I am very aware of how stressful and difficult the work of members of An Garda Síochána can be. I have made it a priority as Minister to ensure the funding is in place to sustain the wellbeing and support initiatives as requested by the Garda Commissioner. This includes €1.5 million allocated in Budget 2025 for Garda workforce wellbeing measures.

To be of assistance to the Deputy, I am informed by the Garda authorities that there are a number of support systems in place to promote sustained wellbeing of Garda personnel in line with the Health and Wellbeing Strategy, including:

• Psychological Support Programme (PSP)

• KOPS Wellbeing App (it features a ‘Help Me Now’ button to connect Gardaí to immediate help 24/7, 365 days a year)

• Direct Supervisor

• Peer Supporters

• Workplace Chaplaincy

• Garda Employee Assistance Service

• Garda Occupational Health Service

• Inspire Wellbeing - the free 24/7, confidential helpline

In addition to the above, a ‘Psychological Support Services Policy’ was launched in 2020 with specific supports for personnel involved in the investigation of crimes involving the exploitation of children and sexual offences.

An Garda Síochána is committed to ensuring that members exposed to a traumatic incident receive the appropriate organisation response. It recognises that the continued wellbeing of each member is essential from a personal level and contributes to the overall efficiency and effectiveness of the Organisation.

In an attempt to negate the harmful effects of traumatic incidents, the Employee Assistance Service (EAS), through Employee Assistance Officers, is available to provide a confidential, professional, support and assistance service to members who may have been involved in a traumatic incident in work. The service is available to help resolve work or personal issues that are causing stress, worry or disruption to an individual’s life. 

In conjunction with EAS, a Peer Supporter Programme was established within An Garda Síochána. Peer Supporters are colleagues who have received appropriate training in helping members cope with the effect of a traumatic incident in the workplace. Very often in circumstances of traumatic incidents, the immediate notification to, and response from a peer supporter, has a huge impact in assisting colleagues in the aftermath of such occurrences. There are over 1,100 personnel trained within the Organisation.  They are available in all Garda Districts and are activated following a traumatic incident. Following each traumatic incident, a peer supporter is activated. They will contact the member and offer support. In the event that the peer supporter deems it appropriate, they may refer the member to the Employee Assistance Service.

Employee Assistance Officers (EAO) have received accredited training in Critical Incident Stress Management (CISM) and are available to facilitate, and have delivered welfare interventions and response in the aftermath of critical/traumatic incidents such as De-Fusing, De-Briefing, Group Intervention and One to One Intervention.  This intervention is delivered upon assessment and evaluation by the Employee Assistance Service with local management in respect of the nature and impact of the incident/event.

Since 24 June 2016, a 24/7, 365 Independent Helpline and Counselling Service is available to all staff within An Garda Síochána. This service is available for both work and personal difficulties. The service is provided by Inspire Wellbeing, is not mandatory and is self-referral. Each member of the Organisation may avail of six free sessions of counselling per year, an additional two will be provided if clinically approved.All appointments and consultants are arranged directly between the Service Provider and the staff member.

In addition, trauma-based counselling is now available to all personnel following on from a traumatic incident in work. This counselling is a self-referral and is accessed through the same helpline, but the individual indicates to the call taker that the request is as a result of a traumatic incident. Trauma counselling provides 6 free sessions to the individual and additional 6 if clinically approved per trauma. If further sessions are required a request will be made to Occupational Health Department.

Occupational Health and the Chief Medical Officer also provide support to personnel who are referred via local management following injuries on duty, sickness absence or traumatic events.  The decision to stand down personnel is an operational matter for Garda Management.

An Garda Síochána

Questions (705)

Jennifer Whitmore

Question:

705. Deputy Jennifer Whitmore asked the Minister for Justice the number of Garda cars in Wicklow available to respond to call outs; and if she will make a statement on the matter. [43910/24]

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Written answers

I can assure the Deputy that 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 €2.48 billion in Budget 2025. This represents a 27% increase in funding since 2020.

As the Deputy will be aware, the Garda Commissioner is responsible for the distribution of Garda resources. As Minister, I play no role in these independent functions. 

There are now over 3,500 Garda vehicles, which represents a 34% increase since 2015.

I am assured that Garda management keeps the distribution of resources under continual review in the context of policing priorities and crime trends.

The table below, provided to me by the Garda authorities, outlines the strength of the Wicklow District fleet as of 30 September 2024.

 -

Cars

Vans

4x4

Other

Total

Wicklow District

16

4

4

1

25

I am informed Wicklow District is part of the recently merged Wexford/Wicklow Division, under the new Garda Operating Model. The responsibility for the efficient deployment of all official Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations as required by operational circumstances.  

I am further advised 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 (706)

Jennifer Whitmore

Question:

706. Deputy Jennifer Whitmore asked the Minister for Justice for details of the remit of the Garda employee assistance officer; if this is a sufficient resource available to all personnel; and if she will make a statement on the matter. [43911/24]

View answer

Written answers

We are all immensely grateful to our Gardaí for their outstanding dedication and commitment to serving the public. Policing as a profession can expose people to sometimes traumatic and challenging incidents.

I know Garda Management are conscious of the need to ensure appropriate supports are in place to provide assistance to all staff, particularly given the demands of modern policing. I am assured that the support structures currently in place remain under ongoing review to ensure they continue to meet the needs of Garda members and Garda staff and their families.

I am informed by the Garda authorities that the Garda Employee Assistance Service provides a proactive response by An Garda Síochána to support members and staff and their families, at an early stage, in managing and resolving personal difficulties in order to assist them in maintaining their health and wellbeing.

The Employee Assistance Service (EAS), is a confidential, professional, support service to help individuals resolve work or personal issues that are causing stress, worry or disruption to their individual life. It is a confidential service available to serving and retired members of An Garda Síochána, Garda Staff, their families, Trainee and Probationer Gardaí and retired members of external police services and their families’ resident in the State.

I am advised that there are presently 17 full time Employee Assistance Officers delivering this service nationally. 11 Employee Assistance Officers have completed a Diploma in Employee Assistance and Social Support which was delivered by National University of Ireland, Galway. 

6 additional Employee Assistance Officers have joined the Employee Assistance Service over the past 18 months and began their BA in Employee Support and Wellbeing in September 2024, and will conclude in June 2025. This course is delivered by the South East Technological University- Waterford.

All Employee Assistance Officers also undergo and complete Continuous Professional Development with courses undertaken with many agencies, for example:

• Irish Hospice Foundation Education Courses

• Mental Health First Aid Training in conjunction with St John of Gods Hospital, Dublin

• ASSIST Training,

• HSE Training programmes

• CISM –Critical Incident Stress Management Training

For the Deputy's information, the Employee Assistance Service is one of a number of supports in An Garda Síochána:

• A Peer Support Programme was established within An Garda Síochána and works in conjunction with the Employee Assistance Service. Peer Supporters are colleagues who have received appropriate training in helping members cope with the effect of a traumatic incident in the workplace.  There are approximately 1,100 personnel trained within An Garda Síochána to provide peer support. They are available in all Garda Divisions.

• Since June 2016, a 24/7, 365 Independent Helpline and Counselling Service is available to all personnel within An Garda Síochána. This service is available to assist with both work and personal difficulties. The service is not mandatory and is self referral, and is provided by Inspire Wellbeing.  Each member of the Organisation may avail of 6 free sessions of counselling per year, an additional 2 will be provided if clinically approved.

• In addition, trauma-based counselling is also available to all personnel following a traumatic incident. This counselling is a self-referral and is accessed through the same helpline, but the individual indicates to the call taker that the request is as a result of a traumatic incident. Trauma counselling provides 6 sessions to an individual with an additional 6 sessions if clinically approved per trauma. If further sessions are required, a request will be made to the Chief Medical Officer, Occupational Health Service.

• The Psychological Support Programme is designed to support Garda personnel working in certain areas risk- assessed as being particularly psychologically hazardous in nature, in the form of confidential mandatory psychological support, confidential voluntary psychological support and emergency intervention procedures.

• The KOPS (Keeping Our People Supported) App was created as part of the Health and Wellbeing Strategy and launched in May 2021. The goal of the app is to provide Garda members and staff with access to information on key supports and services on a 24/7 basis. There is a particular focus on mental health and common concerns that they may have either at home or work.

• The Garda Chaplaincy through provide ongoing and invaluable spiritual support to all staff within An Garda Síochána.

Supports are also available through the Garda Occupational Health Service who may, if required, refer personnel to external professionals.

Citizenship Applications

Questions (707)

Michael Healy-Rae

Question:

707. Deputy Michael Healy-Rae asked the Minister for Justice for an update on a citizenship application (details supplied); and if she will make a statement on the matter. [43923/24]

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Written answers

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

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

It is important to note that no two applications are the same and some take longer than others to process.

All applicants must undergo Garda vetting. Unfortunately, it is the case that some international checks can take a considerable amount of time and are largely out of the control of my Department. The previous backlogs in application processing in Citizenship had arisen largely due to the legacy of restrictions imposed on staff attendance in the office during the pandemic.

Since then, Citizenship Division have taken a significant number of steps to speed up the process for applicants. These included introducing an online digital application, online payments, and the introduction of eVetting. I am pleased to inform the Deputy that these changes are dramatically reducing processing times.

Based on the current application levels, I expect going forward that most straightforward applications based on residency 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.

Deportation Orders

Questions (708)

Carol Nolan

Question:

708. Deputy Carol Nolan asked the Minister for Justice the number of people currently subject to a deportation order who have not been deported because their home country refuses to take them back; if such persons continue to live in the State; if they remain capable of accessing the labour market and social protection payments; and if she will make a statement on the matter. [43954/24]

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Written answers

A deportation order is a legal order to leave the State. Any person who has been ordered to leave the State and fails to do so is committing a criminal offence, and can be arrested without warrant if they come into contact with An Garda Síochána. Such an order remains on the person’s record permanently and means they cannot enter Ireland again in future. 

A person who is subject to a deportation order does not have permission to be in this state and is not permitted to engage in employment. The issue of social protection payments or supports is a matter for the Department of Social Protection.

The process of returning individuals to their country of origin can, in some cases, be complex and reliant on the cooperation of the State to which the return is to be effected. The efficacy and speed of such cooperation can vary from state to state, impacted by factors such as administrative capacity in that State, the existence of specific Memoranda of Understanding etc. Another important consideration in any case will be verification for the State to which the return is being effected  that the individual concerned is a national of their state.

The Repatriation Unit of my Department and the Garda National Immigration Bureau (GNIB) has an ongoing policy of engagement and liaison with the embassies of relevant states with a view to making the process of return as speedy and efficient as possible. While there may be instances where the country of origin has outlined particular stipulations ahead of a return (e.g. agreement on a Memorandum of Understanding) there are no current cases where a country of origin has refused to accept such a return.

I can advise the Deputy, the number of deportation orders signed up to 03 November has increased by 159% for the same period in 2023. 830 people have departed from the State under various mechanisms up to 01 November 2024 (i.e. forced return, voluntary return etc.). The overall number of returns has increased by 222% for the same period in 2023.

The GNIB carries out inquiries to confirm that people have removed themselves from the State and works closely with my Department to enforce deportations where this is not the case. The number of enforced deportations has increased up to 03 November by 158% for the same period in 2023.

In addition to the enforced deportations and those that are otherwise confirmed to have left, we know that a much larger number of people will have left the State without informing my Department. However, as there are no routine exit checks at Irish borders, it is not possible to accurately quantify this number. The introduction of exit checks in Ireland would require the installation of border infrastructure on the island of Ireland, which is not proposed.

Enforced deportation operations are complex and costly. They can involve surveillance operations, detentions in custody, legal challenges, and the costs of flights cost. Alternatives to forced removals are therefore typically preferential and my Department provides assistance through a voluntary return programme to some who will benefit from some assistance to reintegrate in their home country. The number of voluntary returns facilitated by my Department has increased by 292% for the same period in 2023.

My Department is working closely with the Office of Government Procurement in respect of identifying a commercial partner for the supply of charter flight services for deportation. The  procurement process for these services is well advanced. Charter flights provide an alternative to commercial flights and can be more appropriate in circumstances when a group of individuals are being removed to the same destination. The intention is for these services to be available later in the year and will operate alongside the current use of commercial flights for removals. Meanwhile, enforced deportations are continuing on commercial flights and deportations conducted on commercial flights are at a 10 year high.

Ireland has now opted in to the EU Migration Pact which will make the identification and return of those without permission more efficient to operate. The Pact will see the replacement of International Protection Act 2015, and a Programme Board is developing the implementation plan for when the Pact comes into effect in 2026.

The Pact will introduce a more comprehensive, streamlined, and efficient approach to asylum and migration both in Ireland and across the EU.

It will speed up the processing of international protection applications so we have a firm and fair system. It will make it easier to return those who are found not to be entitled to protection. It will introduce greater security checking of applicants. It will reduce the volume of secondary movement and make it easier to transfer applicants to the member states responsible. It will reduce the time people spend in State-provided accommodation and support the return of people found not to be entitled to protection.

An Garda Síochána

Questions (709)

Jim O'Callaghan

Question:

709. Deputy Jim O'Callaghan asked the Minister for Justice the number of criminal prosecutions that were struck out, or discontinued in the past one or two years, due to the prosecuting Garda or Garda witnesses no longer being members of An Garda Síochána. [43959/24]

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Written answers

As the Deputy will appreciate, management of the courts, along with related 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 through the separation of powers in the Constitution.

It should be noted that the Department does not record data relating to convictions, as this is a function of the courts.

The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie

To be of assistance, I have referred the Deputy's question to the Courts Service for direct reply.

Naturalisation Applications

Questions (710)

Bernard Durkan

Question:

710. Deputy Bernard J. Durkan asked the Minister for Justice to indicate the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); when a decision is due to issue; and if she will make a statement on the matter. [43960/24]

View answer

Written answers

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

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

It is important to note that no two applications are the same and some take longer than others to process.

All applicants must undergo Garda vetting. Unfortunately, it is the case that some international checks can take a considerable amount of time and are largely out of the control of my Department. The previous backlogs in application processing in Citizenship had arisen largely due to the legacy of restrictions imposed on staff attendance in the office during the pandemic.

Since then, Citizenship Division have taken a significant number of steps to speed up the process for applicants. These included introducing an online digital application, online payments, and the introduction of eVetting. I am pleased to inform the Deputy that these changes are dramatically reducing processing times.

Based on the current application levels, I expect going forward that most straightforward applications based on residency 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.

An Garda Síochána

Questions (711)

Neasa Hourigan

Question:

711. Deputy Neasa Hourigan asked the Minister for Justice the number of reported incidences submitted through the Garda traffic watch online reporting system; the number of reported incidences that resulted in a caution being issued to the offender; and the number of reported incidences that resulted in a fine being issued to the offender. [43971/24]

View answer

Written answers

I have requested the information sought by the Deputy from the Garda authorities. Regrettably, this was not available in time and I will write to the Deputy once the information is to hand.

Naturalisation Applications

Questions (712)

Claire Kerrane

Question:

712. Deputy Claire Kerrane asked the Minister for Justice when an application for naturalisation (details supplied) will be determined; and if she will make a statement on the matter. [44058/24]

View answer

Written answers

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

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

It is important to note that no two applications are the same and some take longer than others to process.

All applicants must undergo Garda vetting. Unfortunately, it is the case that some international checks can take a considerable amount of time and are largely out of the control of my Department. The previous backlogs in application processing in Citizenship had arisen largely due to the legacy of restrictions imposed on staff attendance in the office during the pandemic.

Since then, Citizenship Division have taken a significant number of steps to speed up the process for applicants. These included introducing an online digital application, online payments, and the introduction of eVetting. I am pleased to inform the Deputy that these changes are dramatically reducing processing times.

Based on the current application levels, I expect going forward that most straightforward applications based on residency 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.

Naturalisation Applications

Questions (713)

Claire Kerrane

Question:

713. Deputy Claire Kerrane asked the Minister for Justice to advise if the team in the naturalisation section of her Department have cleared the 4,000 paper applications, as committed to in an update circulated to applicants in May 2024 that confirmed the backlog would be cleared by the end of the summer; how many paper applications remain to be decided on; and if she will make a statement on the matter. [44059/24]

View answer

Written answers

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. 

Of the applications received in 2022, I can advise the Deputy that 2,229 decisions have issued since the communication in May of this year. The remaining applications, from 2022 or before, are either more complex cases or ones where additional information is required before a final decision can be made. 

Citizenship Division continue to take steps to finalise outstanding applications, including making contact with applicants directly to resolve outstanding matters wherever 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.

In just over two years the Citizenship Division of my Department has gone from processing around 12,000 applications a year to processing over 20,000 applications in 2023 and has already made more than 28,000 decisions to date in 2024.

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 significantly reducing processing times. I expect that going forward the vast majority of new applicants will receive a decision within one year.

Coroners Service

Questions (714)

Brendan Griffin

Question:

714. Deputy Brendan Griffin asked the Minister for Justice what plans are in place for the district of Kerry north, in view of the fact that the coroner there is due to retire shortly and that no deputy coroner has been appointed for this area (details supplied); and if she will make a statement on the matter. [44071/24]

View answer

Written answers

My Department values the very important service provided by Coroners to the bereaved. 

The Coroners Act 1962, as amended makes a number of provisions to ensure the continuance of this essential public service.  In circumstances where a Coroner is absent or where a vacancy arises (due to the death, retirement or resignation) in the office of Coroner, a Deputy Coroner will act as Coroner to the relevant district for as long as the vacancy / absence continues. 

The legislation also makes provision of the appointment of a Temporary Coroner to a district in certain circumstances such as where the workload of the district demands such an appointment. 

The sitting coroner for Kerry North and West is due to retire later this year, creating a vacancy in the Office of Coroner. I am currently considering the amalgamation of the Kerry North and West coronial districts with those of the Kerry East and South coronial districts. 

If such a determination is made, the amalgamation will be effective upon the appointment of the Coroner to Kerry East and South to the Office of Coroner for the Kerry North and West Coronial districts. 

The appointment of a Deputy Coroner is a function of the Coroner. In all coronial districts outside of Dublin, the person to be appointed Deputy by the Coroner is subject to the approval of the relevant local authority and the Minister for Justice. 

I am aware of a small number of districts outside of the Dublin district that currently do not have a Deputy Coroner. Officials within my Department are continuing to engage with relevant stakeholders with a view to the appointment of Deputy Coroners in the near future.

Coroners Service

Questions (715)

Brendan Griffin

Question:

715. Deputy Brendan Griffin asked the Minister for Justice if she is aware that there are a number of coronial districts without a duly appointed deputy due the embargo by local authorities in approving any coronial or deputy coronial appointment outside of Dublin; what steps will be taken to address this issue; and if she will make a statement on the matter. [44072/24]

View answer

Written answers

Under Section 13 of the Coroners Act 1962, as amended, the appointment of a Deputy Coroner is a function of the Coroner.

In all coronial districts outside of Dublin, the person to be appointed Deputy by the Coroner is subject to the approval of the relevant local authority and the Minister for Justice. 

I am aware of a small number of districts outside of the Dublin district that do not have a Deputy Coroner. Officials within my Department are continuing to engage with relevant stakeholders with a view to the appointment of Deputy Coroners in the near future. 

Coroners Service

Questions (716)

Brendan Griffin

Question:

716. Deputy Brendan Griffin asked the Minister for Justice if she can confirm, in light of previous guarantees, that though Dublin coroners will be classed as civil servants from February 2025, their independence will be secured; what written guarantees are currently in place to ensure the independence of Dublin coroners; and if she will make a statement on the matter. [44075/24]

View answer

Written answers

The Coroners (Amendment) Act 2024, which the President signed into law on 16 February 2024, is intended to ensure continuity of coroner services in the Dublin district. 

Section 2 of the Act provides that the Minister for Justice, with the consent of the Minister for Public Expenditure, NDP Delivery and Reform, stipulates the terms and conditions under which appointments of coroners for the Dublin district will be made. This section further provides for coroners in the Dublin district to be appointed as civil servants of the State.

Officials in my Department worked closely with officials in the Office of the Attorney General to ensure that the appointment of coroners as civil servants of the State would not impinge on the independent role of the coroner under the Coroners Act 1962.

I am satisfied that the designation of a coroner as a “Civil Servant of the State” is not inconsistent with the independent nature of the office. I can assure the Deputy that there is no intention to undermine the independence of the role in this Act, or indeed as part of the wider reform programme.

On the 21 February 2024, three coroners were appointed on a temporary basis for a twelve-month period.   Discussions are continuing with DPENDPR in relation to recruitment of salaried coroners to the Dublin district as provided for in the Act.

Legislative Measures

Questions (717)

Ivana Bacik

Question:

717. Deputy Ivana Bacik asked the Minister for Justice further to Parliamentary Question No. 528 of 12 December 2023, if she will provide an update on the matters raised; and if she will make a statement on the matter. [44080/24]

View answer

Written answers

As the Deputy will be aware, I am introducing important reforms to support and protect vulnerable victims and ensure that our criminal justice system is more victim-centred. 

I want to assure the Deputy that all legislation in my Department 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.

As I understand it, Daisy’s Law is covered in the UK Victims and Prisoners Act 2024 and officials in my Department are aware of this initiative and will monitor its progress.

Departmental Staff

Questions (718, 726, 735)

Peadar Tóibín

Question:

718. Deputy Peadar Tóibín asked the Minister for Justice the number of staff vacancies, by grade, in her Department at the end of August 2023 and August 2024; and the number of staff, by grade, on a career break of more than five years and more than six years, at the end of August 2023 and August 2024. [44130/24]

View answer

Carol Nolan

Question:

726. Deputy Carol Nolan asked the Minister for Justice the number of civil servants, by grade, in her Department who were on a career break in 2023 and 2024; the number of those who in 2023 and 2024 were on a career break of five years or more; and if she will make a statement on the matter. [44307/24]

View answer

Carol Nolan

Question:

735. Deputy Carol Nolan asked the Minister for Justice if she is satisfied that the provisions of the Department of Public Expenditure, National Development Plan Delivery and Reform Circular 4/2013 are being properly implemented by her Department; if she is satisfied that civil servants whose career breaks are coming to an end are being notified of appropriate vacancies; if she is concerned by instances where civil servants are having their career breaks extended unnecessarily where the Department has appropriate vacancies to fill; and if she will make a statement on the matter. [44380/24]

View answer

Written answers

I propose to take Questions Nos. 718, 726 and 735 together.

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

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

Citizenship Applications

Questions (719)

Paul Murphy

Question:

719. Deputy Paul Murphy asked the Minister for Justice further to Parliamentary Question No. 431 of 1 October 2024, in relation to the international checks mentioned in her reply, if specific details can be provided on what these checks are, and whether further documentation is required from applicants for these checks, given that applicants could include these documents as part of their application to expedite the process. [44160/24]

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Written answers

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.

All applicants are required to satisfy the good character criterion under Section 15 of the Irish Nationality and Citizenship Act 1956 as amended. As part of this assessment, An Garda Síochána is requested to make enquiries into the applicant’s background; the detail and extent of these checks are a matter for An Garda Síochána. For sound security and operational reasons, it is not the practice to comment on the enquiries that may be conducted.

Where Citizenship Division require further information from applicants, they will contact the applicant directly.

Legislative Measures

Questions (720)

Carol Nolan

Question:

720. Deputy Carol Nolan asked the Minister for Justice if she will address concerns that the definition of ‘gender’ within the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 is in contradiction to the understanding of gender within the Gender Recognition Act 2015, as well as case law on civil registration legislation; and if she will make a statement on the matter. [44164/24]

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Written answers

As the Deputy is aware, this Government is determined to stamp out hate-motivated crimes and protect vulnerable communities.

This legislation is much needed. An Garda Síochána already record certain crimes as hate crimes, and we can see that recorded hate crimes increased by 7.5pc last year compared to 2022, and by 29pc the year before that.

It is not acceptable that some people live in fear simply because of who they are. Ireland is one of the last countries in the EU not to have specific hate crime offences set out in law. I am delighted to have been able to bring the Criminal Justice (Hate Offences) Bill 2022 through the Houses to protect vulnerable and minority groups from harm.

The objective of the legislation is to provide protection to victims of hate crime on the basis of personal identity characteristics, and to ensure that these are as inclusive as possible for the purpose of this specific legislation.

Transgender and non-binary people, domestically and internationally, are unfortunately and increasingly targeted by hate crime offenders. The meaning of gender for the purposes of this legislation therefore has to recognise that offenders target individuals based on non-conforming gender identities like non-binary, in addition to binary gender identities such as male or female.

The hate crime Bill is concerned with offenders' behaviour, and not the victim's legal status. It addresses crimes motivated by hatred towards protected characteristics, regardless of whether the victim possesses those characteristics.

For example, the bill will ensure that if a transgender person is assaulted that attack is motivated by hatred, a higher prison sentence will apply. 

The meaning of gender for the purposes of the Bill is specific to this legislation. It does not affect the Gender Recognition Act or the Civil Registration Act or have any statutory effect beyond hate crimes.

All-island research by the University of Limerick and Queens University, published on 11 December 2023, found that 82% of the general public surveyed believe that transgender people should be protected by hate crime legislation.

An Garda Síochána

Questions (721)

Jim O'Callaghan

Question:

721. Deputy Jim O'Callaghan asked the Minister for Justice the number of sworn members in An Garda Síochána at present. [44204/24]

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Written answers

The Government is committed to building stronger, safer communities, and strengthening An Garda Síochána is at the core of that. We will continue to provide An Garda Síochána with the resources it needs to ensure communities around Ireland are safe and feel safe, including to invest in recruitment, in equipment and technology and in buildings. This is reflected in the unprecedented allocation of over €2.48 billion to An Garda Síochána, in Budget 2025, a 27% increase since 2020. This funding allows for the continued recruitment of Garda members and staff.  

While the Garda Commissioner is operationally responsible for the allocation of Garda resources, I engage regularly with him to ensure our Gardaí have the resources they need. I am informed that when allocating and transferring Garda members to and from any Division, consideration is given to commitments and undertakings outlined in the Annual Policing Plan and priorities as determined in delivering ‘A Policing Service for The Future’.

I understand that the requirements of all Garda Divisions nationwide are also taken into account, which include:

• Local and national crime trends and workloads;

• Policing arrangements and operational strategies;

• Minimum establishment statistics;

• Local population and trends, geographical area and size;

• Transfer applications, including welfare, personnel issues and concerns.

As the Deputy will be aware, the Garda Commissioner is by law responsible for the administration of An Garda Síochána, including all matters relating to HR and the Garda workforce. As Minister, I have no role in these matters. My Department draws on the figures provided by An Garda Síochána to answer Parliamentary Questions and other business where appropriate.

I can advise the Deputy that as of the end of September, the total strength of An Garda Síochána was 14,125.

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