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Wednesday, 22 May 2024

Written Answers Nos. 126-131

Closed-Circuit Television Systems

Ceisteanna (126)

David Stanton

Ceist:

126. Deputy David Stanton asked the Minister for Justice the funding, if any, her Department has provided to Cork County Council to fund community-based CCTV security systems; if so, the amount provided for each respective location; and if she will make a statement on the matter. [23203/24]

Amharc ar fhreagra

Freagraí scríofa

Community safety is a top priority for my Department and everyone has the right to be safe and feel safe in their communities. Community CCTV plays a vital role in achieving this goal.

As the Deputy may be aware, since 2017 my Department has administered a grant-aid scheme supporting groups wishing to establish a community-based CCTV system in their area.

The CCTV grant scheme was extended in 2019 to cover not only new CCTV systems, but to also provide funding for the extension or upgrade of existing CCTV systems which are incomplete or obsolete. Applicants may now also seek a once-off grant of up to €5,000 for minor maintenance costs.

Grants of over €950,000 have been approved to date for 36 Community CCTV schemes. A further €1 million in funding has been made available towards the development of community-based CCTV schemes in 2024.

This level of funding underlines my commitment to working with communities to ensure everyone feels safe.

I can advise the Deputy that Cork County Council has not applied for CCTV Funding since the Department of Justice took over administration of the scheme from Pobal in 2017.

Applications for funding are now open and can be made directly by the relevant Local Authorities. 

Departmental Programmes

Ceisteanna (127)

Michael Ring

Ceist:

127. Deputy Michael Ring asked the Minister for Justice the reason an application (details supplied) was withdrawn; and if she will make a statement on the matter. [23206/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Government agreed to close the Immigrant Investor Programme (IIP) to further applications from 15 February 2023.

As Minister, I do not comment on individual IIP applications, however, my Department’s IIP Unit is committed to ensuring that all applications will be examined on their own merits and will endeavour to conclude all decisions in a timely manner.

I can advise the Deputy that updated information in relation to the winding down of the Programme and the processing of applications has recently been published on my Department’s website and an updated FAQ is now available also. Both are available at the following link: www.irishimmigration.ie/processing-of-iip-applications-on-hand-following-the-closure-of-the-programme/.

Legislative Process

Ceisteanna (128)

Mary Lou McDonald

Ceist:

128. Deputy Mary Lou McDonald asked the Minister for Justice if he will provide an update on the commencement of S27-47 (Part 5) of the Criminal Justice Miscellaneous Provisions Act 2023; the reason for the delay in commencing Part 5 of the Act; and when Part 5 of the Act providing for much needed civil orders against stalking will be commenced. [23232/24]

Amharc ar fhreagra

Freagraí scríofa

The Criminal Justice (Miscellaneous Provisions) Act 2023 (the “2023 Act”) completed its passage through the Oireachtas and was signed into law by the President on 19 July 2023. The bulk of its provisions were commenced with effect from 1 November 2023.

Part 5 of the 2023 Act introduces a new system of civil orders designed to prevent stalking and protect victims. These orders represent an important first step in addressing stalking behaviour by allowing for earlier intervention without requiring the level of proof needed to secure a criminal conviction. An affected person, or a member of the Garda Síochána acting on their behalf, can apply to the District Court for an order prohibiting another person from engaging in relevant conduct.

This new approach extends protections currently available to certain victims under the Domestic Violence Act 2018 to all victims of stalking behaviour, regardless of their relationship with the perpetrator. These civil orders complement the criminal post-conviction orders available under the new section 10(4) of the 1997 Act, which apply when a person has been found guilty of harassment or stalking offences.

In respect of stalking, there are several other important provisions in the 2023 Act:

• The existing harassment offence in section 10 of the Non-Fatal Offences Against the Person Act 1997 has been widened and reformulated to include any persistent conduct that seriously interferes with a person’s peace and privacy or causes alarm, distress, or harm.

• A new stalking offence has been introduced, defined in terms of causing either a fear of violence or serious alarm and distress that has a substantial impact on a person’s day-to-day activities.

• Expanded protections for victims in both the criminal and civil processes, including under the new section 10A of the 1997 Act and in amendments to the Criminal Evidence Act 1992 and Part 5 of the 2023 Act. These include, for example, restrictions on the publication of the victim’s identity, restrictions on cross-examination in person by the accused, the ability to give evidence via video-link, or to give evidence from behind a screen.

Both the harassment and stalking offences, and the new civil order system, use an open definition of the kinds of conduct that can constitute the offence. While an illustrative list of behaviours is included, the offence is flexible enough to cover any form of conduct.

Additionally, these changes are made in the context of other important measures:

• An increase in the penalty for the offence of “assault causing harm” under section 3 of the 1997 Act, from 5 to 10 years’ imprisonment. While a life sentence can be imposed for the offence of "causing serious harm" under section 4 of the 1997 Act, many assaults are prosecuted at the lower levels. An “assault causing harm” under section 3 may nonetheless be of significant seriousness and is one of the most commonly charged offences in cases of domestic abuse. This amendment ensures that a sufficient penalty is available to address the gravity and range of assaults prosecuted under section 3.

• The introduction of an offence of non-fatal strangulation or non-fatal suffocation in section 3A of the 1997 Act, punishable by up to 10 years’ imprisonment. This type of behaviour is a common feature of domestic abuse. It is overwhelmingly perpetrated by men against women and may be a strong predictor of the potential for more serious violence. Unlike the section 3 assault offence, it may be prosecuted as a serious offence without the need to identify physical harm caused to the person.

As the Deputy is aware, Part 5 of the 2023 Act is yet to be commenced. Given that this is an entirely new system, it has required proper legal and operational preparations, including the drafting and adoption of new rules of court. However, commencement preparations are at an advanced stage, and I expect to be in a position shortly to formally set the date for the provisions of Part 5 to come into operation.

An Garda Síochána

Ceisteanna (129)

Paul Donnelly

Ceist:

129. Deputy Paul Donnelly asked the Minister for Justice the number of houses, caravans and jet skis that have been seized by the Criminal Assets Bureau and are still under their remit as of 15 May 2024. [23251/24]

Amharc ar fhreagra

Freagraí scríofa

The Criminal Assets Bureau (CAB) is a multi-agency statutory body established under the Criminal Assets Bureau Act 1996. The Bureau’s remit is to target a person's assets, wherever situated, which derive, or are suspected to derive, directly or indirectly, from criminal conduct. Since its inception, the Bureau has been at the forefront of fighting organised crime in this jurisdiction and disrupting the activities of criminal gangs by depriving them of ill-gotten assets.

The Bureau has staff drawn from An Garda Síochána, the Office of the Revenue Commissioners (including Customs), the Department of Social Protection and my Department.

I am advised by CAB that they have seized the following mentioned items which are still under their remit as of 15 May 2024: 

Houses - 23  (13 of which are currently going through the conveyancing process);

Jet Skis - 0 (zero);

Caravans - 3.

An Garda Síochána

Ceisteanna (130)

Paul Donnelly

Ceist:

130. Deputy Paul Donnelly asked the Minister for Justice the Garda roads policing units that currently have a sheltered motorcycle shed; and if so, the capacity of each shed for each RPU, in tabular form. [23252/24]

Amharc ar fhreagra

Freagraí scríofa

I have requested the information sought by the Deputy from the Garda authorities. I will contact the Deputy directly once the information is to hand.

An Garda Síochána

Ceisteanna (131)

Paul Donnelly

Ceist:

131. Deputy Paul Donnelly asked the Minister for Justice when front-line gardaí will start to receive their new ballistic vests; and the number of companies that applied for the contract to supply those new ballistic vests. [23253/24]

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 procurement of protective equipment. As Minister, I have no role in such matters.

I am informed that An Garda Síochána are currently conducting pre-market consultations in advance of embarking upon a tendering exercise to replace current body armour. However, no formal tendering process is presently in place and consequently no companies have been in a position to express an interest or submit a tender.

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