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Wednesday, 8 May 2024

Written Answers Nos. 348-367

An Garda Síochána

Ceisteanna (348)

Patrick Costello

Ceist:

348. Deputy Patrick Costello asked the Minister for Justice the number of incidents reported to the Garda Traffic Watch in 2022 and 2023 that could not result in a fixed penalty notice prosecution as they were not processed within 107 days of the offence; and if she will make a statement on the matter. [20248/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including operational policing matters. As Minister, I have no direct role in these independent functions.

I made enquiries with the Garda authorities who have advised that the information requested cannot be extracted from the PULSE system as there is no specific data field on PULSE to capture this information. As such, it is not possible to provide the Deputy with the specific information requested.

An Garda Síochána

Ceisteanna (349)

Patrick Costello

Ceist:

349. Deputy Patrick Costello asked the Minister for Justice whether a person making a report to An Garda Síochána Traffic Watch is entitled to an acknowledgement of that report, and, where in the case that An Garda Síochána chooses not to proceed with an investigation of the incident reported, notice of that decision and an explanation of the decision; and if she will make a statement on the matter. [20249/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of An Garda Síochána and for the investigation of alleged crime. As Minister, I have no role in these matters.

Traffic Watch is a partnership approach to reducing the number of road collisions and fatalities. It brings road users, An Garda Síochána, the National Roads Authority and the Road Safety Authority together in a united and sustained effort to improve safety on our roads.

Members of the public can report traffic-related incidents using the Traffic Watch lo-call number 0818 205 805. These calls are answered and logged by civilian personnel at the Garda Information Services Centre, Castlebar, Co. Mayo. The incident is then forwarded to the relevant District Officer (Superintendent) for investigation.

I am informed by the Garda Authorities that the District Officer then appoints a member of An Garda Síochána to investigate the Traffic Watch complaint. The investigating member makes contact with the complainant to:

• Establish the complainant's version of events

• Establish if there are other witnesses to the alleged incident

• Discuss the possible actions available, including if the complainant wishes the matter to go to court or have the incident dealt with by way of caution, advice or guidance.

If the complainant wishes to go to Court, a written statement is taken, and if not and an offence has been disclosed, arrangements are made to have the matter dealt with by way of caution, advice or guidance.

Where an offence is believed to have been disclosed and the complainant wishes to go to Court, a file is submitted to the District Officer who will decide what action, if any, is to be taken.

In all instances, the complainant should be notified of the outcome of his or her complaint.

An Garda Síochána

Ceisteanna (350)

Mairéad Farrell

Ceist:

350. Deputy Mairéad Farrell asked the Minister for Justice if she will outline, from the reopening of the Garda College in 2014, the total number of gardaí recruited through the Public Appointments Service. [20252/24]

Amharc ar fhreagra

Freagraí scríofa

Unfortunately, it has not been possible to collate the information requested by the Deputy in time. I will contact the Deputy directly once the information is to hand.

An Garda Síochána

Ceisteanna (351)

Mairéad Farrell

Ceist:

351. Deputy Mairéad Farrell asked the Minister for Justice the average number of gardaí for each of the years between 2020 and 2023 inclusive; and the average number of sergeants employed by An Garda Síochána in each of those four years. [20254/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the distribution of Garda members between the different Garda units and Divisions. As Minister, I have no role in such matters.

I can, however, assure the Deputy that the Government is committed to building stronger, safer communities and a strengthened, well-resourced Garda Síochána is central to this policy. This commitment is demonstrated by the unprecedented provision of more than €2.3 billion to the Garda Vote this year, which is allowing for sustained and ongoing recruitment and investment in new equipment and new vehicles.

In addition to new recruits, the rollout of the new Garda Operating Model will support the redeployment of Gardaí from non-core duties to front-line policing across the country. The new model will see larger Divisions with more resources, increased Garda visibility in communities, a wider range of locally delivered policing services, and a strong focus on community policing.

I am advised by the Garda authorities that the average number of Garda members employed by An Garda Síochána between 2020 and 2023 requested by the Deputy is not readily available and would require a disproportionate amount of Garda time and resources to compile.

However, to be of assistance I have provided the information below on Garda numbers. Please be advised that all the information provided is operational and may be subject to change.

The table below, which was provided to me by the Garda authorities, sets out the number of Garda members at Garda and Sergeant rank nationwide at year end from 2020 to end of March 2024.

-

2020

2021

2022

2023

Mar-24

Sergeant

1,980

1,881

2,073

2,129

2,164

Garda

11,848

11,717

11,371

11,164

11,198

International Protection

Ceisteanna (352, 353, 354, 355)

Jim O'Callaghan

Ceist:

352. Deputy Jim O'Callaghan asked the Minister for Justice the number of return orders that have been made, pursuant to Section 51A of the International Protection Act 1995 as amended, to the Member State that has granted refugee status or subsidiary protection to the applicant for the years 2020, 2021, 2022 and 2023; and if she will make a statement on the matter. [20255/24]

Amharc ar fhreagra

Jim O'Callaghan

Ceist:

353. Deputy Jim O'Callaghan asked the Minister for Justice the number of return orders that have been made to return the applicant to the first country of asylum for the person for each of the years 2020, 2021, 2022 and 2023; and if she will make a statement on the matter. [20256/24]

Amharc ar fhreagra

Jim O'Callaghan

Ceist:

354. Deputy Jim O'Callaghan asked the Minister for Justice the number of return orders pursuant to Section 51A of the International Protection Act 2015, as amended, have been made to the safe third country, that is, a safe country for the applicant, for each of the years 2020, 2021, 2022 and 2023; and if she will make a statement on the matter. [20257/24]

Amharc ar fhreagra

Jim O'Callaghan

Ceist:

355. Deputy Jim O'Callaghan asked the Minister for Justice the number of return orders that have been made in 2020, 2021, 2022 and 2023 pursuant to Section 51A of the International Protection Act 2015, as amended, have been effected and the applicant returned; and if she will make a statement on the matter. [20258/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 352, 353, 354 and 355 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.

Question No. 353 answered with Question No. 352.
Question No. 354 answered with Question No. 352.
Question No. 355 answered with Question No. 352.
Question No. 356 answered with Question No. 335.

Departmental Data

Ceisteanna (357)

Darren O'Rourke

Ceist:

357. Deputy Darren O'Rourke asked the Minister for Justice the number of community safety wardens appointed so far for Dublin city; and the number she believes will be the full complement. [20267/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, my Department established the Community Safety Innovation Fund in 2021. The fund uses the money seized by An Garda Síochána and the Criminal Assets Bureau as the proceeds of crime to fund new, innovative community safety projects. The fund increased from €2 million in 2022 to €3 million last year and I was delighted to see it increase again to €3.75 million in Budget 2024. 22 successful projects received funding in 2022 and a further 30 projects received funding in 2023.

Under the Community Safety Innovation Fund 2022, the Dublin Local Community Safety Partnership (LCSP) Pilot received €150,000 funding for the Dublin North Inner City Community Safety Warden Scheme, which included a staffing allocation of two full time and one part time staff members.

Dublin LCSP are operating the scheme in the Wolfe Tone Square area in collaboration with Dublin Town and Dublin City Council. There are currently two full time Community Safety Wardens (CSWs) employed by the scheme. The project aims to promote a pro-social space for recreation in Wolfe Tone Park and the surrounding area, provide a visible presence within the community and reassure elderly and vulnerable members of the community, as well as acting as a clear channel to signpost vulnerable people away from harmful activity.

The CSW Scheme has proved to be very successful to date and has had a positive impact on the lives of those living and working in, and visiting the community of Wolfe Tone Square and the surrounding area.

Deportation Orders

Ceisteanna (358)

Peadar Tóibín

Ceist:

358. Deputy Peadar Tóibín asked the Minister for Justice in advance of the Court ruling last month that Britain was not a safe country, the number of people who were deported to Britain since they left the EU Dublin Regulations post-Brexit. [20271/24]

Amharc ar fhreagra

Freagraí scríofa

Ireland and the UK share a common interest in the effective operation of the CTA, and work closely together to prevent any abuses of the CTA.

There has been an arrangement on returns in place between Ireland and the United Kingdom since Brexit. It was agreed in November 2020. It provides for reciprocal returns and helps to protect against abuse of the Common Travel Area, building on long standing CTA cooperation.

Returns have not been effected by Ireland to date under this agreement, owing in the first instance to the suspension of returns during Covid (except on security or public policy grounds) and, subsequently, to legal challenges to the underpinning legislation. These proceedings have led to the recent court ruling referred to by the Deputy. I recently obtained Government approval for legislation to be drafted to address this and to ensure that the UK can again be designated as a safe country for returns so that the arrangement can be re-operationalised.

Departmental Data

Ceisteanna (359)

Donnchadh Ó Laoghaire

Ceist:

359. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice the number of people who have been returned to Britain by the Government in each of the past ten years, itemised by the manner in which they were returned. [20276/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, prior to UK exit from the EU, the provisions of the Dublin Regulation applied to the management of applicants arriving in Ireland from the UK and vice versa. In practice, and in keeping with the experience of all Member States, the Dublin Regulation arrangements were not effective. Across the EU the rate of transfer compared to request remains low.

There are various factors that affect transfers under Dublin III. People that are subject to a transfer decision often evade being sent back to the Member State responsible, people can appeal the decision to move them, and they can take a judicial review against the decision. Often it is not possible within the 6 month timeframe provided for under the Regulation to arrange a transfer due to the complex steps in the current system.

The Deputy will also be aware that, in the context of UK exit, a reciprocal arrangement was put in place to ensure that neither of our countries are a place for people to evade or obstruct the immigration controls and processes of the other. Our operation of this arrangement was impacted initially by the suspension of non-criminal removals during Covid and subsequently by legal challenges. These have led to a High Court judgment which identified a legal issue which had a bearing on the operation of that arrangement. I am bringing forward legislative changes to ensure that the arrangement can be operationalised.

The following numbers of persons were transferred to the UK since 2015.

Year

Number Transferred to UK

2015

17

2016

42

2017

53

2018

17

2019

28

2020

10

Transfers did not occur in subsequent years due to the suspension of non-criminal removals during Covid and subsequently by legal challenges.

An Garda Síochána

Ceisteanna (360)

Catherine Murphy

Ceist:

360. Deputy Catherine Murphy asked the Minister for Justice further to Parliamentary Question Nos. 510, 511, 512 and 513 of 16 April 2024, if she will clarify whether the data provided is an accurate and true reflection of the data that was initially sought by this Deputy; and if she will provide the sources of the data she provided for figures relating to staffing figures at the location referenced. [20280/24]

Amharc ar fhreagra

Freagraí scríofa

It has not been possible to collate and examine all the information requested by the Deputy in the time available. I will write to the Deputy directly once the information is to hand.

Question No. 361 answered with Question No. 343.

International Protection

Ceisteanna (362)

Holly Cairns

Ceist:

362. Deputy Holly Cairns asked the Minister for Justice whether all international protection applicants are asked whether they have travelled to Ireland via the UK as part of the standard interview; the number of IPO applicants over the past 12 months who have confirmed they did so; and the total number of IPO applications over the past 12 months. [20282/24]

Amharc ar fhreagra

Freagraí scríofa

As part of the application process, applicants are asked details on their arrival in the State, the means of transport used to enter the State, and to list all of the European countries that they have travelled through (including the UK), as well as the amount of time spent in any of those countries.

This information is then used as part of the assessment of an applicant’s claim and explored during the substantive interview. This self-reported information, and its assessment, is an important part of the consideration of an international protection application, but varies considerably and is not verified. As such it is not collated on a statistical basis.

In the past 12 months (from May 2023 to April 2024) there were 16,834 applications for international protection.

An Garda Síochána

Ceisteanna (363)

Carol Nolan

Ceist:

363. Deputy Carol Nolan asked the Minister for Justice her views on whether sufficient legal provisions exist to deter individuals from making false complaints to An Garda Síochána; if she has any intention to update the law in this area; and if she will make a statement on the matter. [20303/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may know, it is an offence to make a false report to the Gardaí. Under section 12 of the Criminal Law Act (1976), a person who knowingly makes a false report or statement that an offence has been committed, or who knowingly makes a false report or statement relevant to enquiries by An Garda Síochána causing their time to be wastefully employed, shall be guilty of an offence.

On summary conviction the offender shall be liable to a fine not exceeding €4,000, or imprisonment for a term not exceeding 12 months.

On conviction on indictment, the offender shall be liable to imprisonment for a term not exceeding five years.

There are currently no plans to change this legislation.

Departmental Staff

Ceisteanna (364)

Carol Nolan

Ceist:

364. Deputy Carol Nolan asked the Minister for Justice the number of employees within her Department and bodies under the aegis of her Department who are currently suspended on full pay pending disciplinary investigations; to outline, in tabular form, the length of time these employees have been under suspension; and if she will make a statement on the matter. [20319/24]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that there is currently 1 member of staff suspended on full pay in the Department pending a disciplinary investigation.

This information is further broken down in the table below.

Length of Time Suspended

Number Of Staff Suspended

Between 3 & 6 Months

1

I am further informed by An Garda Síochána that there are 90 members currently on suspension and in receipt of suspension allowance, which is equal to full pay.

This information is further broken down in the table below.

Length of Time Suspended

Number Of Staff Suspended

Less than 6 months

7

6-12 Months

10

12+ Months

73

Finally, I am informed by the Irish Prison Service (IPS) that there are currently 6 members of IPS staff who are suspended on full pay pending the conclusion of disciplinary proceedings.

This information is further broken down in the table below.

Length of Time Suspended

Number Of Staff Suspended

Up to 3 Months

1

3-6 Months

2

6-12 Months

1

12+ Months

2

European Union

Ceisteanna (365)

Matt Carthy

Ceist:

365. Deputy Matt Carthy asked the Minister for Justice the EU programmes or funds outside of the multiannual financial framework that Ireland has paid into from the year 2014 to date; any receipts from same, by programme or fund, by year; and if she will make a statement on the matter. [20360/24]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that from 2014 to date, my Department has not paid into, or received funding from, any EU Programmes or Funds outside of the multiannual financial framework.

Programme for Government

Ceisteanna (366, 367, 368, 369, 370, 371, 374, 375, 376, 377, 378)

Cian O'Callaghan

Ceist:

366. Deputy Cian O'Callaghan asked the Minister for Justice the reason she has declined to accede to a request from a group (details supplied) to discuss the implementation of the Programme for Government commitment to review the Multi-Unit Developments Act 2011; and if she will make a statement on the matter. [20415/24]

Amharc ar fhreagra

Cian O'Callaghan

Ceist:

367. Deputy Cian O'Callaghan asked the Minister for Justice to explain how the development of the interim remediation scheme and the drafting of legislation for the full remediation scheme for defective apartments and duplexes prevent her Department from issuing regulations as promised in Housing For All on service charges and sinking funds under Sections 18 and 19 of the Multi-Unit Developments Act 2011; and if she will make a statement on the matter. [20416/24]

Amharc ar fhreagra

Cian O'Callaghan

Ceist:

368. Deputy Cian O'Callaghan asked the Minister for Justice the reason her Department has failed to implement the solemn commitment in the Programme for Government to review the Multi-Unit Developments Act 2011; and if she will make a statement on the matter. [20417/24]

Amharc ar fhreagra

Cian O'Callaghan

Ceist:

369. Deputy Cian O'Callaghan asked the Minister for Justice to confirm that draft regulations under sections 18 and 19 of the Multi-Unit Developments Act 2011, as promised in Housing For All were forwarded to her Department in February 2022; to explain the reason those regulations have not yet been issued by her Department more than two years on; and if she will make a statement on the matter. [20419/24]

Amharc ar fhreagra

Cian O'Callaghan

Ceist:

370. Deputy Cian O'Callaghan asked the Minister for Justice to explain, given the crucial role multi-unit developments play in the delivery of the Government's housing targets (details supplied), the reason her Department is failing to implement measures as promised in Housing For All and the Programme for Government to ensure that such multi-unit developments are adequately regulated; and if she will make a statement on the matter. [20420/24]

Amharc ar fhreagra

Cian O'Callaghan

Ceist:

371. Deputy Cian O'Callaghan asked the Minister for Justice the reason the Government has not yet fulfilled a commitment to more effectively regulate owners' management companies, as set out in Housing for All and the Programme for Government; and if she will make a statement on the matter. [20421/24]

Amharc ar fhreagra

Ivana Bacik

Ceist:

374. Deputy Ivana Bacik asked the Minister for Justice the reason she will not meet with an organisation (details supplied) to discuss the implementation of the Multi-Unit Developments Act [20472/24]

Amharc ar fhreagra

Ivana Bacik

Ceist:

375. Deputy Ivana Bacik asked the Minister for Justice the reason her Department cannot issue regulations on service charges and sinking funds under sections 18 and 19 of the Multi-Unit Developments Act; and if she will make a statement on the development of the interim remediation scheme and the drafting of legislation for the full remediation scheme for defective apartments and duplexes with respect to those provisions. [20473/24]

Amharc ar fhreagra

Ivana Bacik

Ceist:

376. Deputy Ivana Bacik asked the Minister for Justice the reason her Department will not review the Multi-Unit Developments Act; and if she will make a statement on the Programme for Government commitment to review the Act. [20474/24]

Amharc ar fhreagra

Ivana Bacik

Ceist:

377. Deputy Ivana Bacik asked the Minister for Justice if draft regulations under sections 18 and 19 of the Multi-Unit Developments Act were delivered to her Department in February 2022; and the reason these regulations have not yet been issued by her Department. [20476/24]

Amharc ar fhreagra

Ivana Bacik

Ceist:

378. Deputy Ivana Bacik asked the Minister for Justice if she will make a statement on the need to regulate owners’ management companies. [20477/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 366, 367, 368, 369, 370, 371, 374, 375, 376, 377 and 378 together.

Housing for All - a New Housing Plan for Ireland, provides for Regulations to be made the Department of Justice, in collaboration with the Department of Housing Local Government and Heritage, to ensure that OMCs are financially sustainable.

I understand that my Department is currently awaiting relevant policy directions from the Department of Housing, Local Government and Heritage, as agreed with that Department, to enable my officials to further progress the drafting of the Regulations mentioned.

Owner Management Companies (OMCs) s are subject to company law provisions, including their own memorandum of association, and are subject to oversight by the Companies Registration Office and the Corporate Enforcement Authority. Furthermore, the Competition and Consumer Protection Commission also plays a role in providing information and advice to intending purchasers of residential units in multi-unit developments.

Any member of an OMC, may apply to the Circuit Court for an Order to enforce any rights conferred or obligations imposed by the Multi Unit Developments Act 2011.

There are no plans at present to introduce additional oversight and enforcement mechanisms for OMCs.

Question No. 367 answered with Question No. 366.
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