Vol. 1079 No. 4
141. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration if he proposes to introduce new legislation in relation to interpretation and translation in legal proceedings; and if he will make a statement on the matter. [6115/26]
Many people will be surprised to learn that there is no set quality or standard in respect of interpretation and translation in legal proceedings in this State. Many would argue it is undermining our criminal justice system. Is it the Minister's intention to bring forward legislation or regulations on the use of language interpreters in court?
I thank Deputy Carthy for his question. It is probably motivated by the "First Conviction" documentary that was on RTÉ in November of last year. It highlighted a conviction that was overturned by the Court of Appeal back in November 2021 on the grounds that court thought the interpretation services that were provided to the accused were unsatisfactory. I think the Court of Appeal judgment referred to very serious inaccuracies in the translation.
The Deputy will be aware we have legislation in place to govern the quality of translation in our courts. It is set out in SI 565 of 2013 on interpretation and translation in criminal proceedings. It transposes EU Directive No. 64 of 2010. It says that a person who appears in a criminal court "shall have the right to the assistance, at no cost, of an interpreter as set out in these Regulations". It also sets out provisions in respect of the quality of interpretation. If the quality is not sufficient, obviously the court can direct that the interpreter be replaced. That is given practical effect in our courts by the Courts Service entering into a contract with an entity or entities that provide those translation services.
I am satisfied that in the vast majority of cases the quality of the translation services provided is sufficient and professional. What was surprising in the particular case that was overturned on appeal is the fact the language in the court was French, rather than something more exotic. When accused people are before the courts they will have their own legal representation and if there is any issue in respect of the quality of translation services then, as the regulation, provides, they can be set aside.
The Minister referenced a 2021 case. The Court of Appeal found "serious, and potentially far-reaching, inaccuracies" in that case. The interpreter in that case had assisted in more than 240 other cases that had been before the courts. After that judgment the interpreter continued to work in that role for another 40 cases. I find it hard to believe the Minister does not accept this case highlights that having no regulation - no competency tests - in respect of interpretation can potentially undermine our justice system. It is not just about the right to a fair trial and to have an interpreter, which is important, but it is also about the very real potential that a failing in this regard could result in an actual criminal managing to overturn a conviction. In a note from the Courts Service to the justice committee on this issue, the head of that service stated the court or any party to the case can request that the interpreter be replaced, but does the Minister accept the problem is that the person before the courts or their representative might not be in a position to identify the problem with the interpretation they are receiving? I take it the Minister is saying he has full confidence in the system as it stands.
Every day of the week there are a series of cases going on in the Central Criminal Court and in the circuit criminal court for which translation services are required. That is part of the consequence of having a multicultural society in which people from all backgrounds end up as witnesses or accused before the court. Any person who is accused of a criminal offence and who needs the services of a translator will have their own legal solicitor and counsel representing them. I suggest to the Deputy that it will become readily apparent if the translation services being provided are not adequate. What is surprising is that it took the Court of Appeal to intervene in this particular case. However, if there were further issues and ongoing issues with translation services I would expect to see a whole series of convictions being quashed or translators being set aside by the court, but that is not happening.
This was a serious matter, but it was an isolated example and there are measures and protections in place to deal with poor quality in translation services.
Is the Minister seriously saying he will wait until there is a series of overturned convictions before he acts on what is clearly a gaping problem? He is right that the State pays a significant amount to companies under contracts for translation services, but the translators, it has to be said, are fairly poorly paid.
I have to ask the Minister what checks are in place, through the Courts Service or An Garda Síochána, to ensure interpreting is of a good standard. Are there digital audio or video recordings? Are they checked independently? Best practice across the world, including in our nearest neighbours, is that regulations that can be upheld have been put in place. The Association of Translators and Interpreters Ireland has repeatedly called for the regulation of court interpreters in Ireland. It has argued that the current unregulated system risks miscarriages of justice, violates the right of defendants to a fair trial and creates a potential scenario where people who are guilty of offences can find a route to being released on a technicality. Therefore, I have to ask again. Will the Minister ensure we put in place a system that can have public confidence?
The public can have full confidence in this. What happens in practice is that the Courts Service enters a contract with translation providers, those being companies that provide translation services. A fundamental requirement of that contract is that the contracted company must ensure interpreters possess the qualifications and competence appropriate to the tasks for which they are employed. The contract agreed under the central procurement framework sets the standards for interpreters supplied to the Courts Service. There are procedures in place to ensure the quality of the interpreters and translators being provided is adequate. In the unusual situation that does not happen, it can be, and generally is, readily apparent in a court room. If it happened in the Dáil and translation or interpretation services were being provided, the individual would be aware that the communication was not being provided adequately. There are mechanisms for checking this-----
What are the mechanisms?
-----but this is not an issue in terms of undermining public confidence in the criminal justice system. It is a confident system.
143. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the number of English language schools that were subject to inspection by immigration officials in each of the past five years, in tabular form; and if he will make a statement on the matter. [6116/26]
The programme for Government contains a commitment to publish a national migration and integration strategy detailing how the Government intends to meet the demands and opportunities facing Irish society in the coming years. The Department is currently working with other Departments to develop this strategy. As part of this strategic approach, I am reviewing the area of student permissions, including with regard to English language students.
All education providers are subject to unannounced inspections, online monitoring or random spot-checks to ensure their compliance with the interim list of eligible programmes, ILEP. This includes the maintenance of records and reports. All education providers listed on the ILEP must have clear systems in place for the recording of attendance and must clearly outline the rules on punctuality and the related penalties. Such records may be requested by the immigration service at any time and failure to provide them can result in the removal of a provider from the ILEP system.
The number of English language schools that potentially could have been subject to physical inspections in 2025 was 86. The number of in-person inspections carried out by my Department in 2025 was four. In 2024, there were two inspections; in 2023, there were three inspections; in 2022, there were two inspections; in 2021, which was a Covid-19 year, there were no inspections; and in 2020, there were seven inspections. It was necessary to halt inspections during the pandemic due to the public health restrictions. However, monitoring activities still continued, involving routine or specific requests for records and information relating to compliance with requirements and sector-wide surveys. Furthermore, up to and including 2024, the Garda National Immigration Bureau carried out further inspections for counties within its remit before the transfer of registration functions to my Department
The Minister of State's colleague, the Minister for further and higher education, Deputy James Lawless, told a media outlet at the end of last month that some English language schools were acting as tick-box exercises to allow people to get work permits. Is that an assertion the Minister of State agrees with? On what basis has that assertion been made?
If other Ministers have been making similar assertions and that were the view of the Government, it would be incomprehensible that the Minister of State would stand over there being four inspections in a year. It is clear the level of inspection of language schools is nowhere near what people would expect if the issue were as serious, or the Government were taking the issue as seriously, as has been suggested.
Have any education providers, as a result of inspections, been removed from the ILEP for failing to comply with immigration requirements?
In relation to students coming to the country to study, whether in the university sector or English language sector, it is my view and that of the Government that we want to have a high-quality, professional system for education. We want to see the best academic institutions providing a top-quality service, whether in English language or other areas of education.
The purpose of coming to Ireland to engage in study should be that. It should not be for work or any other purpose. The majority of students who come here want to do that. There is an attraction - and it needs to be examined - in the availability of employment, which is 20 hours during term time and 40 hours outside term time, and we will keep it under constant review. However, the focus has to be that they are here to study. That has to be the primary driver of the visa being granted.
On the Deputy's specific question about whether schools were removed from the ILEP system, my understanding is that the majority of schools, when a problem is brought to their attention, rectify it. Therefore, it is not necessary to remove the course from the ILEP system.
On one hand, the Government says English language schools are a tick-box exercise to allow people to get work permits. The Minister of State has indicated this evening that a number of people are securing stamp 2 visas, which are in effect precarious work visas. I think the Economic and Social Research Institute, ESRI, has confirmed that. However, levels of inspections are minimal and no school has been closed as a result of those assertions. The ESRI Asylum and Migration Overview 2024 was published just in December. It highlighted the example of Brazilian migration to Ireland in a study that illustrated the precarity and exploitation of Brazilians working in Ireland on stamp 2 visas. The author of that study argued that the stamp 2 visa, though a study visa in name, acted as a precarious work visa as well. When will the Government stop talking about this and what will it do about it?
The situation, as I outlined already, is straightforward. People come here to study. They want to study. In facilitating them studying, we also have to look at whether there should be, as there currently is, an option for them to avail of work. It enables them to participate in their studies. How that is managed is important. I would not be in favour of a process where people were effectively working on the side. It has to be the opposite.
I want to see structures in place that ensure that, when students come to this country, their primary purpose is to engage in academic activity or study, be that in the area of English language or one of the various areas of further education. As to whether that should be facilitated by the ability they have at the moment to work for 20 hours per week, I do not think that is precarious working. It is facilitating students to engage in their studies. However, it is equally important that the institutions know and are clearly aware of the fact - the Department conveys this to them all the time - that they must enforce the rules around their students attending their courses and engaging in their studies. That is at the heart of what they are supposed to be doing as academic institutions.
144. Deputy Maurice Quinlivan asked the Minister for Justice, Home Affairs and Migration if he will report on his engagements in relation to organised crime activities in Limerick; the initiatives being undertaken by his Department to ensure public safety; and if he will make a statement on the matter. [6117/26]
The Minister should be aware that criminal feuding in parts of Limerick in recent weeks has seen a dramatic escalation in violence, particularly in Ballinacurra Weston and surrounding areas. For fear of criminal retaliation, much of this violence has gone unreported. However, among the most recent incidents, there have been gun and arson attacks on homes and cars, assaults on people in the area and threats of violence against and intimidation of others.
I am extremely concerned for the residents of the area. Many will recall the violent criminality that plagued Limerick in the early 2000s. Without robust intervention, I fear we are not far from returning to those very dark days.
Targeting the work of organised crime groups who inflict intimidation and violence on families and communities across Limerick and Ireland is a top priority for our Department and the Government.
Since my appointment, I have met with the gardaí in Limerick and I know they, along with their colleagues in Garda national units, are committed to targeting organised criminal groups and individuals involved in the sale and supply of illegal drugs. They are pursuing charges against people suspected of involvement in organised crime and have successfully secured convictions in the courts against organised criminals.
The Gardaí has advised the Government it is carrying out a range of both high-visibility and covert operations on an ongoing basis to support public safety in Limerick. Garda activities in Limerick include separate ongoing operations targeting money laundering activities by organised criminals involved in the drug trade, burglary, disrupting drug dealing networks and providing a daily proactive policing presence in areas affected by serious criminality.
The Garda Commissioner assigned 30 new probationer gardaí to the Limerick division in 2025, the highest annual allocation since 2020. Limerick has also been one of three pilot sites for the deployment of body-worn cameras, which enable gardaí to record incidents and have been found to support deterrence of criminal activity.
We are also taking a range of measures to tackle organised crime more broadly, including increasing to life in prison the maximum sentence for conspiracy to murder to tackle those who direct gangland and drug-related crime. We are enacting new laws that will criminalise the grooming of children into a life of crime. We have new laws to provide for the use of facial recognition technology in the investigation of certain drug offences, and legislation to reduce the time that assets must be confiscated by the Criminal Assets Bureau before disposal.
It is also important to acknowledge that community safety is not just a matter for An Garda Síochána. As the Deputy knows, we are rolling out the community safety partnerships, which are the successor to the joint policing committees. The delay in rolling out the Limerick one is with the local authority.
I also want to mention that, in Limerick, which Deputy Quinlivan is well aware of, there is the work of the community access support team, CAST, initiative, which is led by Superintendent Andrew Lacey and which is doing fantastic work with vulnerable people and people with mental health challenges. That brings together the HSE and other agencies to deal with those cases.
I spoke on CAST earlier. I have also been in contact with stakeholders in the community and I assure the Minister of State the concerns I raised with him today are echoed by most people in the community. Frustrations are building and many feel the Garda response has not been adequate against these criminals. Having said that, I believe the gardaí in Limerick are doing the job in some of the most challenging of circumstances, and more supports and resources are needed for them.
I recently spoke at length to people with first-hand and direct knowledge of this feud. They are good people who have given so much to the community. They noted families are sleeping in shifts, whereby some sleep while others guard the front door and monitor CCTV cameras. They do so due to the threat of petrol bombs or worse being fired or lobbed at their homes. This is no way for anybody to live. I have also been contacted confidentially by several local parents who are not letting their children go to school because they are worried they may be injured, beaten up or whatever on the way to school.
The violence, drug dealing and organised crime is not exclusive to this part of the city but we are seeing a pattern in Limerick. It is a pattern that sees gardaí intensifying their efforts in one area, leading to re-emerging criminal elements in other parts of the city. For instance, when we focus on Ballinacurra Weston, it means people in St. Mary's Park and Garryowen tend to see little or zero Garda presence.
It is important to put on the record and inform the Deputy's constituents and my own in Limerick that, as of 30 November 2025, the most recent information available is there are 607 gardaí assigned to the Limerick division, which is a net increase of 25 since the beginning of last year and an increase of 53, which is about 10%, since 2015. The Garda Commissioner assigned 30 probationer gardaí to Limerick during 2025, which is the highest annual allocation since 2020. There are 35 gardaí assigned to the Garda roads policing unit, an increase of five since the start of last year, and there are 32 designated community gardaí, an increase of two since the start of last year. Additionally, we have 71 Garda civilian staff assigned to the Limerick division, which is freeing up a huge amount of time and resources of sworn gardaí to be devoted to front-line policing.
I have been asked by the community to specifically ask the Minister, Deputy O'Callaghan, to visit the area and to talk to the local chief superintendent and community leaders. We are seriously concerned about what is going on in the area and I do not think anybody is grasping the severity of what we are worried about.
The Garda knows exactly who is involved and who is gaining from this misery. I appreciate that the gathering of information and investigations need to be thorough, but the community must see a robust response. Without one, I fear we are seeing escalation and a deep frustration within the community and, unfortunately, we might see the loss of life.
We in Limerick have had some challenges with criminality in a small minority of areas that can be fixed. These are areas with good people and are communities which utterly despise the organised crime gangs and their criminality. They just want to get on with and live their lives. The tentacles of criminality spread to all the communities, from urban to rural and urban centres to suburban towns. As I said earlier, our gardaí do a difficult job and crucial work every day as they serve and protect communities, and they have my full support in doing that.
We have seen from previous operations, such as Operation Copóg, that when the resources and funding are put into Limerick and when the resources are put in to the Garda and it is supported properly, they work well in combating the type of organised activity I have been talking about and, more important, the force has the support of the community. I ask the Minister to visit the area and get involved.
I have been there.
As the Minister has just said, he has been to and is no stranger to Limerick. I outlined to the Deputy the huge increase in numbers of personnel in Limerick. There will be further allocations around the country next week. There will be a significant allocation of new probationer gardaí which I think the Deputy will welcome, when we have that officially next week.
I want to detail to the Deputy and the people of Limerick - the Deputy's constituents and mine - the number of Garda operations ongoing in Limerick, because it is important. First, Operation TARA is a dedicated local drugs unit which continues to detect and investigate drug trafficking offences. Provisional figures for 2025 indicate a 13% increase in detections for possession of controlled drugs for sale. There is also Operation Coronation, which is ongoing in the Limerick division and focuses on the investigation and prosecution of money laundering offences. We have Operation Gealbhan which is on the south side of Limerick city and provides an increased Garda presence through covert and overt patrolling to prevent and detect incidents of serious criminality. We have Operation Silverside, which commenced in January 2023 and focuses on the activities of persons based in the west Limerick area involved in organised criminality on the Continent of Europe and beyond. Finally, we have Operation Thor which is aimed at targeting organised crime gangs and repeat offenders in the Limerick division through co-ordinated crime prevention and enforcement activity. The 2025 figures indicate a 38% reduction in burglaries in Limerick. The Deputy can see there is a lot of positive outcomes happening in policing in Limerick. I thank him for raising all those issues and giving us the opportunity to put it on the record.
145. Deputy Tom Brabazon asked the Minister for Justice, Home Affairs and Migration if he plans to introduce legislation to regulate nitrous oxide. [6635/26]
Does the Minister have any plans to introduce legislation to regulate nitrous oxide and other inhalants? As we know, those who use nitrous oxide and other inhalants as a drug are putting themselves at serious risk. Last week, Private Members' time was used to discuss nitrous oxide in particular, and the Department indicated it required time to assess the issues. It is important, however, that greater action is taken to regulate the sale of nitrous oxide and other readily available inhalants. The sale of nitrous oxide for human consumption is a criminal offence but people are still getting their hands on it.
I thank the Deputy for his question. Before I talk about legislation, I will repeat something he said there. Taking nitrous oxide is playing Russian roulette with your health. We know from what the HSE and the hospitals have said that there are many incidents of people suffering severe illnesses and damage to their health as a result of taking nitrous oxide. It can wreak severe neurological damage on an individual. It can damage your reproductive health and, really, you are playing Russian roulette if you take it.
As regards legislation, as the Deputy will be aware, the Criminal Justice (Psychoactive Substances) Act 2010 criminalises the sale of nitrous oxide for human consumption.
Nitrous oxide can also, however, be used for legitimate purposes. It is sometimes used by dentists and in the catering profession. Section 74 of the Child Care Act 1991 provides for the offence of sale of certain substances, which includes the sale to a child of the type of substance we are talking about here. The Deputy is right about the Private Members' Bill introduced by Deputy Mark Ward last week. I welcome the fact that there has been a lot of public discussion in the intervening time, which is beneficial.
In considering legislation, I have to look at what impact any legislation proposed or introduced would have on the EU technical regulations information system, which requires that legislation or proposed legislative changes that can interfere with the sale of legitimate products and legitimate trade be notified to the EU in advance. That arises in the context of the prospective regulation about what is a lawful substance for certain purposes. I will certainly be keeping it under consideration. I am also aware that the Commission has published a draft amendment to the regulations in order to place restrictions on the marketing of dinitrogen oxide, which is the technical name for it. I am not closing my mind to legislation but I have to go down these avenues before I make a final decision.
My question is probably wider than just the issue of nitrous oxide. It also concerns readily available inhalants like aerosols that we all use, including deodorants. Last week at the Oireachtas Committee on Drugs Use, we heard from a broken-hearted mother and father who had lost their teenage son as a result of him having inhaled an aerosol. It is every parent's worst nightmare to lose their child. We have to look at all of these inhalants in the round. We cannot afford to sit around. We have to look at regulating this whole area.
The Deputy can appreciate the difficulties that arise when we are dealing with something that is lawful, such as aerosol or spray deodorants. Obviously, we cannot ban them, but the Deputy is trying to put forward proposals that could facilitate their regulation. Even before we go down the avenue of starting to look at legislation, the most important thing we can do is to educate people and to warn young people about the dangers associated with nitrous oxide or the aerosol narrative that the Deputy just cited. It can have dire consequences for an individual's health. What nitrous oxide in fact does is cut off the oxygen supply to the brain. If people were aware of that and the neurological consequences of it, I do not think they would be engaging in the use of nitrous oxide to the extent they are now. I am also pleased to tell the Deputy that between 2020 and November 2025, the Revenue Commissioners seized approximately 250,000 kg of nitrous oxide canisters, so there is a recognition that this is being imported for purposes other than legitimate purposes.
I appreciate that. I genuinely feel that the whole education side of it is really important, as well as regulation. It has to be a two-pronged approach.
I agree with the Deputy that there certainly needs to be a two-pronged approach. We need to warn people. Sometimes we look at the drugs issue very much in terms of what legislation can be introduced. However, it is really about warning people of the dangers associated with taking drugs. Everyone in this House has seen terrible outcomes from people taking drugs. They are referred to as recreational drugs but there is no recreation associated with them. They ruin young people's lives and the people who are distributing and selling these drugs really need to be dealt with severely because they are abusing our younger population and need to be dealt with very seriously.
I will keep an open mind in respect of it. I commended Deputy Ward last week on bringing forward the Private Members' Bill. The reason I could not just let it go through is that I have to see what is happening in Europe on the matter. I also have to see whether this would infringe on trade in the area of legitimate purposes for nitrous oxide, whether that is in the catering area, dentistry or other legitimate purposes. If, having looked at what is happening in Europe, I think there is a necessity for regulation here, I will propose it.
