Thursday, 30 Nov 2023

Written Answers Nos. 433-442

• Díospóireachtaí
• Aimsigh díospóireacht
  • Díospóireachtaí na Dála
  • Díospóireachtaí an tSeanaid
  • Díospóireachtaí Coiste
• Aimsigh vótáil
  • Vótálacha na Dála
  • Vótálacha an tSeanaid
  • Vótálacha Coiste
• Ceisteanna Parlaiminte
  • Ceisteanna scríofa
  • Ceisteanna ó bhéal
• Leideanna cuardaigh
• Nuair a bhíonn tionchar tromchúiseach ag aithrisí

White Papers

Ceisteanna (433)

Carol Nolan

Ceist:

433. Deputy Carol Nolan asked the Minister for Justice the titles of the White Papers published by her Department from 2008 to date; if she will provide online links to these papers; and if she will make a statement on the matter. [52984/23]

Freagraí scríofa

Minister for Justice

It has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand.

Departmental Consultations

Ceisteanna (434)

Carol Nolan

Ceist:

434. Deputy Carol Nolan asked the Minister for Justice the total number of consultancy reports commissioned or funded by her Department that have been categorised or designated as not for external publication from 2011 to date; the total costs incurred on; and if she will make a statement on the matter. [53005/23]

Freagraí scríofa

Minister for Justice

It has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand.

Road Traffic Offences

Ceisteanna (435)

Róisín Shortall

Ceist:

435. Deputy Róisín Shortall asked the Minister for Justice the number of prosecutions initiated by gardaí in each of the past five years for illegal number plates, noisy exhausts, tinted windows and visors obstructing the windows; and if she will make a statement on the matter. [53020/23]

Freagraí scríofa

Minister for Justice

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, including all operational policing matters. As Minister, I have no role in such matters.

However, to be of assistance I sought the information requested by the Deputy from An Garda Síochána and have been advised that the below table outlines a yearly breakdown of the number of Fixed Charge Notices issued for the offences of using a modified plated vehicle with inaccurate plate inscriptions or using a vehicle without an authorisation plate.

2018	2019	2020	2021	2022	2023 (up to the 28 of November)
39	19	44	53	28	18

I am informed that the above figures, taken from the FCPS system, are based on incidents which occurred from 01/01/2018 to 28/11/2023, are operational and liable to change.  

Regarding prosecutions for tinted windows, I am advised these offences are recorded on PULSE under "General Road Offences" and have a blank summons number, therefore An Garda Síochána cannot provide these figures at this time.

Regarding prosecutions for “noisy exhausts”, the table below outlines a yearly breakdown of the number of summonses issued for offence code “No Silencer Fitted To M.P.V. only".

Year	Summons Created
2018	32
2019	29
2020	32
2021	51
2022	56
2023	70
Total	270

I am informed that the above figures are based on incidents which occurred from 01/01/2018 to 16:28, 30 November 2023, are operational and liable to change.

An Garda Síochána

Ceisteanna (436)

Brendan Griffin

Ceist:

436. Deputy Brendan Griffin asked the Minister for Justice the number of Gardaí currently on suspension per Garda district; if a breakdown of reasons for suspension is available; and if she will make a statement on the matter. [53040/23]

Freagraí scríofa

Minister for Justice

As you will appreciate, disciplinary matters within An Garda Síochána are governed by the Garda Síochána Act 2005 (as amended) and the Garda Síochána (Discipline) Regulations 2007, as amended by the Garda Síochána (Discipline) (Amendment) Regulations 2011, and are a matter for the Garda Commissioner. As Minister, I have no role in these independent functions.

However, to be of assistance I sought the information requested by the Deputy and have been advised that the table below sets out the current suspensions and core issues investigated by An Garda Síochána and the Garda Síochána Ombudsman Commission.

I am also advised that a breakdown by Region/Division/District is not available due to data protection as it may lead to identification of individual members.

CURRENT SUSPENSIONS & CORE ISSUES INVESTIGATED BY AGS & GSOC
Main Reason	Total
Accessing Garda Info System	6
Assault	9
Corrupt / Improper Practice	6
Criminal Damage	1
Discreditable Conduct	12
Drugs	5
DVA / Coercive Control	7
Forgery / Fraud	3
Harassment	1
Misuse of Garda Resources	3
Neglect of Duty	2
Perverting Course of Justice	17
Road Traffic Act / DUI	14
Sexual	10
Theft / Forgery	9
Grand Total	105

* The above figures correct as of 29 November, operational and subject to change.

An Garda Síochána

Ceisteanna (437)

Brendan Griffin

Ceist:

437. Deputy Brendan Griffin asked the Minister for Justice the number of Gardaí currently on sick leave per Garda district; if a breakdown of how many Gardaí on sick leave due to work related causes is available; and if she will make a statement on the matter. [53041/23]

Freagraí scríofa

Minister for Justice

I have requested the information sought by the Deputy from the Garda authorities. Unfortunately, the information was not received in time.   I will contact the Deputy directly once the information is to hand.

The following deferred reply was received under Standing Order 51

I refer to Parliamentary Question No. 437 of 30 November 2023 where you sought “To ask the Minister for Justice the number of Gardaí currently on sick leave per Garda district; if a breakdown of how many Gardaí on sick leave due to work related causes is available; and if she will make a statement on the matter.”

As you will recall, I sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand.

As you will also appreciate, the Garda Commissioner is responsible for all HR matters relating to personnel within An Garda Síochána, including management of sick leave. As Minister, I have no role in these independent functions.

I am informed by the Garda authorities that the table below sets out the number of Garda members who are recorded as being on sick leave on the 28 November 2023. I am further informed that the figures are reflective of a point in time.

Division		Garda Members currently on sick leave as of 28.11.2023
Ordinary Illness	Injury on Duty
Cavan/Monaghan	13	*
Clare/Tipperary	53	22
Commissioners Office	*	*
Community Relations	*	-
Cork City	27	*
Cork North	12	*
Cork West	15	*
D.M.R. Eastern	23	*
D.M.R. North Central	30	*
D.M.R. Northern	33	*
D.M.R. South Central	34	*
D.M.R. Southern	17	*
D.M.R. Western	40	12
DMR Traffic Division	*	*
Donegal	28	11
G.B.F.I	*	-
G.N.C.C.B.	-	*
G.N.D.O.C.B.	*	*
G.N.E.C.B.	*	-
G.N.I.B.	*	-
G.N.P.S.B.	-	*
Galway	26	*
Garda National Technical Bureau	*	-
Kerry	20	*
Kildare	22	*
Kilkenny/Carlow	18	*
Laois/Offaly	17	10
Legal Affairs	-	*
Liaison & Protection	*	-
Limerick	27	14
Louth	17	*
Mayo/Roscommon/Longford	34	19
Meath/Westmeath	26	10
Operational Support Unit	*	*
S.T.O.C.	*	*
Security & Intelligence	*	-
Sligo/Leitrim	16	*
Special Detective Unit	*	*
Training & Development	12	*
Waterford	14	*
Wexford	13	10
Wicklow	*	*
Grand Total	626	202

Sick Leave Statistics as recorded on SAMS and reported @ 28.11.2023

Please note that any figures under 10 have been denoted as *

I am advised that there are a number of members who are absent on a longer term basis resulting from an injury on duty; these are under regular review with the Garda Occupational Health Service which includes an assessment for medical discharge as may be appropriate.

I trust this information is of assistance.

An Garda Síochána

Ceisteanna (438)

Brendan Griffin

Ceist:

438. Deputy Brendan Griffin asked the Minister for Justice the number of convictions for assault on gardaí each year since 2019; the average sentence for this offence; and a breakdown of the districts where these assaults occurred. [53042/23]

Freagraí scríofa

Minister for Justice

Outcomes of Court proceedings are under the remit of the Courts Service. Management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: [e-mail]. The Minister has no role in these matters. As the information requested by the Deputy is held by the Courts service, I have referred this question to the Courts service for direct answer.

Departmental Advertising

Ceisteanna (439, 440, 441)

Ged Nash

Ceist:

439. Deputy Ged Nash asked the Minister for Justice the amount her Department spent in 2021, 2022 and up to 27 November 2023 on advertisements with a website (details supplied); and if she will make a statement on the matter. [53057/23]

Ged Nash

Ceist:

440. Deputy Ged Nash asked the Minister for Justice the amount her Department spent in 2021, 2022 and up to 27 November 2023 on advertisements with two websites (details supplied) respectively, in tabular form; and if she will make a statement on the matter. [53077/23]

Ged Nash

Ceist:

441. Deputy Ged Nash asked the Minister for Justice the amount her Department spent in 2021, 2022 and up to 27 November 2023 on advertisements with a website (details supplied); and if she will make a statement on the matter. [53094/23]

Freagraí scríofa

Minister for Justice

I propose to take Questions Nos. 439, 440 and 441 together.

The information requested by the Deputy is provided in the table below.

	Google	Facebook/Instagram	X/Twitter
2021 No Excuses and Still Here - DSGBV public information campaigns	€17,603.16	€21,447.27	€5,226.86
2022 Zero Tolerance, Still Here and Intimate Image Abuse - public information campaigns	€0.00	€20,951.83	€10,309.53
2023 Intimate Image Abuse, Victims of Crime and Consent Campaign*	€0.00	€68,751.39	€0.00
IPO Recruitment Campaign	€0.00	€8491.30	€0.00

*2023 Consent spend is estimated for Facebook/Instagram as campaign is still running.

Question No. 440 answered with Question No. 439.

Question No. 441 answered with Question No. 439.

Residency Permits

Ceisteanna (442)

Bernard Durkan

Ceist:

442. Deputy Bernard J. Durkan asked the Minister for Justice to indicate the extent, if any, to which loss of employment in the case of a person (details supplied) affects his residency position or right to employment within this country; and if she will make a statement on the matter. [53156/23]

Freagraí scríofa

Minister for Justice

As the Deputy may be aware, it is not my Department's practice to comment on whether an application for international protection has been made in the State. If a person is in the international protection process, there is a legal requirement under the International Protection Act 2015 to maintain full confidentiality at all times.

However, if an application for international protection has been made in the State, the applicant or their designated legal advisor should contact the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly with any queries. This will enable a full and comprehensive reply to be provided.

The International Protection Office may be contacted: by email to [e-mail]; by telephone to the IPO Customer Service Centre at 01 6028000 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.

The International Protection Appeals Tribunal may be contacted either: by email to [e-mail]; by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.

As the Deputy may be aware, access to the labour market is provided under the European Communities (Reception Conditions) Regulations 2018 to 2021 and applications are made to the Labour Market Access Unit of this Department.

Labour market access permission gives eligible applicants the opportunity to work and helps them to integrate into Irish society while providing for themselves and their families outside of the State’s directly provided services and supports. It also helps people to plan and prepare for their future in Ireland if they receive a positive decision on their application for international protection. 

Applicants are eligible to apply if:

• They are an international protection applicant; and

• They have waited at least 5 months from their “Application Received” date for their first instance recommendation; and

• They are cooperating with the international protection process – delays in receiving a recommendation must not be attributable to the applicant.

Following that, a person will be issued a permission for labour market access if, at 6 months, they have not yet received a first instance recommendation.

This permission is valid for 12 months and may be renewed until a final decision is made on the person's international protection application.

Any queries in relation to a person's eligibility or otherwise for a labour market permission can be directed to: [e-mail] or by post to the ISD Labour Market Access Unit, PO Box 12931, Freepost FDN5264, Dublin 2   

Further information in relation to Labour Market Access, including how to apply for labour market access permission can be found at:   

www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/labour-market-access-permission/ 

My Department's website also provides a detailed overview of the International Protection process in Ireland which can be accessed at:

www.gov.ie/en/campaigns/304ba-international-protection/

The following deferred reply was received under Standing Order 51.

I refer to Parliamentary Questions No. 432 of 30 November 2023 where you sought: “To ask the Minister for Justice her views on the status of An Garda Síochána as an impartial, neutral and apolitical organisation; if she supports the view that all members of An Garda Síochána, including the Garda Commissioner, should refrain from making overtly political statements in line with an instruction issued in 2015 by a former Garda Commissioner reminding all members of An Garda Síochána of the necessity for members not to be associated with any political movement or viewpoint; and if she will make a statement on the matter”.

As you will recall, I had sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand.

I want to assure you that I have full confidence in An Garda Síochána, and the Garda Commissioner, to fulfil An Garda Síochána's core mission of Keeping People Safe. The public can be assured that An Garda Síochána is fully focused on this important goal, and on upholding the law generally, and the Government is providing the support needed for them to achieve these goals.

As you will be aware, the status of An Garda Síochána as a non-political organisation is laid down in statute, including (but not limited to) the Garda Síochána Act 2005 (as amended) and the relevant provisions in the Constitution. As Minister I cannot provide an interpretation of these, as that is strictly a matter for the Judiciary, who are independent in their functions.

It is also important to note that the Garda Commissioner is by law responsible for the management of An Garda Síochána, including the issuing and implementation of HQ Directives. As Minister, I have no role in these operational matters.

I am confident that An Garda Síochána maintains its impartiality, neutrality, and an apolitical stance. I am informed that this is done through several foundational frameworks and principles that guide its operations and decision-making processes.

Central to this approach are the following:

The Garda Decision Making Model (GDMM): ensures that decisions made by Garda personnel at all levels are grounded in Constitutional and Human Rights, as well as ethical considerations. This model places a strong emphasis on legality, reasonableness, transparency, non-discrimination, and accountability in all actions and decisions. The GDMM operates within a framework that continually evaluates and reviews decisions, ensuring that they are consistent with the core values of impartiality and neutrality.

The Code of Ethics for An Garda Síochána establishes principles that reinforce this impartial and apolitical stance. The Code mandates that every person working within An Garda Síochána adheres to standards of honesty, integrity, and respect for diversity. This includes the first principle of ‘Duty to uphold the law’ which states: ‘I will uphold and obey the law and fulfil my responsibilities in a fair and impartial way’ and ‘honesty and integrity’ which states: ‘To meet this standard, and to ensure the public can have confidence that you are acting impartially and fairly, you must not use your position to gain personal advantage or place yourself under an obligation which might influence you in the performance of your duties.’ These ethical standards and commitments permeate all areas of policing work and decision-making, ensuring actions are consistent with the principles of fairness, and respect for the dignity of every individual.

Additionally, An Garda Síochána operates under defined Policing Principles, established by An Garda Síochána Act 2005 which state Policing services must be provided:

• Independently and impartially,

• In a manner that respects human rights, and

• In a manner that supports the proper and effective administration of justice

These principles further solidify An Garda Síochána’s commitment to neutrality and impartiality, ensuring that everyone is treated equally and fairly, without any political bias or influence.

• Written Answers Nos. 417-432
• Written Answers Nos. 443-453