Written Answers Nos. 375-394
375. Deputy Éamon Ó Cuív asked the Minister for Justice the number of charges and convictions under Part 4 of the Purchase of Sexual Services of the Criminal Law (Sexual Offences) Act 2017 since the Act was commenced until 1 June 2024, broken down by year, in tabular form; if she is satisfied the law is achieving the aims as set out as the purpose of this provision when it was being enacted; and if she will make a statement on the matter. [28915/24]
Amharc ar fhreagraI 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.
376. Deputy Carol Nolan asked the Minister for Justice whether she is aware of any concerted pattern or practice whereby drivers in a company (details supplied) or other taxis are being hired to bring asylum seekers from Northern Ireland to Dublin; the steps that are being taken to monitor such practices; and if she will make a statement on the matter. [28921/24]
Amharc ar fhreagraThe Border Management Unit (BMU) of my Department has responsibility for front-line immigration duties at Dublin Airport only. Other airports and other ports of entry, including the land border with Northern Ireland, are the responsibility of the Garda National Immigration Bureau (GNIB).
Ireland and the United Kingdom share a long history and common interest in the effective operation of the Common Travel Area (CTA), and work together to prevent any abuses of the CTA. There is extensive engagement and cooperation at all levels between my Department’s officials and their Home Office counterparts, as well as significant operational cooperation between the Gardaí, UK Border Force, UK policing services and the Police Service of Northern Ireland. This strong practical engagement and cooperation serves the mutual interests of both Ireland and the United Kingdom, and will continue.
Maintaining the integrity of the immigration system, involves robust controls to prevent illegal entry. In 2021 our legislation was strengthened to combat people smuggling both into Ireland and into other countries (including EU Member States and parties to the UN Protocol against people smuggling). The Criminal Justice (Smuggling of Persons) Act 2021 widened the range of scenarios covered by our laws, including intentionally assisting entry, transit or presence where the person knows or has reasonable cause to believe that it is in breach of specified immigration law provisions. An Garda Síochána is responsible for assessing and investigating any possible breaches of these or other laws.
An Garda Síochána work closely with their international counterparts on these matters with a concentrated focus on tackling the facilitation of illegal immigration. I am advised that Operation Sonnet forms part of the ongoing work undertaken by members of GNIB in this regard.
The objective of Operation Sonnet is to tackle abuse of the CTA, with a focus on the movement of people between Northern Ireland and the Republic of Ireland. During the overt element of Operation Sonnet, GNIB Officers operate checkpoints and vehicle stops in order to conduct immigration checks on passengers travelling by means of both public and private transport from Northern Ireland to the Republic of Ireland. Detailed operational aspects of these activities are matters for the Garda authorities.
Since 1 October 2023, An Garda Síochána have detected 199 people illegally entering the State via Northern Ireland. These persons detected in buses and taxis have been refused leave to land and removed from the State.
Finally, the Common Travel Area Forum (CTAF) acts as a steering committee for the ongoing work of protecting the CTA in relation to free movement of its citizens between both countries while at the same time ensuring that the CTA is not abused by those not entitled to avail of it. The Forum meets twice yearly but also meets in sub-group format to address particular elements of Ireland/UK co-operation, bringing together relevant subject matter expertise in various areas.
377. Deputy Carol Nolan asked the Minister for Justice the legal basis for the recording of hate incidents (non-crime) by An Garda Síochána; the legal basis for investigations of such incidents; whether the identities of persons against whom complaints are made are recorded on the PULSE system; whether the retention of such data is in line with the relevant data protection laws in view of the fact that no crime has been committed; and if she will make a statement on the matter. [28924/24]
Amharc ar fhreagraI 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.
378. Deputy Alan Kelly asked the Minister for Justice the number of times An Garda Síochána have hired out external facial recognition expert to carry out work on its behalf in 2022, 2023 and to-date in 2024, in tabular form. [28947/24]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. As Minister, I have no role in these matters.
I have been advised by the Garda authorities that An Garda Síochána have not hired out any external facial recognition expert to carry out work on its behalf in 2022, 2023 and to-date in 2024.
379. Deputy Alan Kelly asked the Minister for Justice the number of WTE civilian Garda staff, by job title working within the Garda band as of 29 June 2024; and if she will provide same figures as of 30 June 2022, in tabular form. [28948/24]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including all matters relating to the recruitment, training and appointment of its members. This responsibility extends to members of the Garda Band. As Minister, I have no role in these matters.
I have been advised by the Garda authorities that there were no Garda staff within the Garda band in the years in question.
380. Deputy Alan Kelly asked the Minister for Justice the budget allocation to An Garda Síochána's small capital works programme in 2022, 2023 and 2024; and the amount of that budget that was spent in 2022 and 2023, in tabular form. [28949/24]
Amharc ar fhreagraIt has not been possible to respond to the Deputy in the time available. I will write to the Deputy directly once the information is to hand.
381. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice the next steps, following the EU Migration Pact’s approval; and if she will make a statement on the matter. [28973/24]
Amharc ar fhreagra382. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice to outline the process for implementing the EU Migration Pact’s measures now that it has been approved by both Houses of the Oireachtas. [28974/24]
Amharc ar fhreagraI propose to take Questions Nos. 381 and 382 together.
I propose to take PQs 381 and 382 together.
Last week, the Dáil approved the opt-in to the EU Migration and Asylum Pact in accordance with Article 29.4.7 of the Constitution following the earlier approval of the Seanad.
Ireland’s Permanent Representative to the EU formally informed the EU Council and Commission of Ireland’s wish to participate in the relevant provisions of the EU Pact on Migration and Asylum on 27 June. The Pact will come into full effect in two years from now.
An Interdepartmental Programme Board chaired by my Department is being established to develop and deliver the implementation plan for the Pact. Initial preparatory meetings with senior stakeholders from across Government Departments and Agencies have been held.
An interdepartmental programme implementation team with members from my Department, the Department of Children, Equality, Disability, Integration and Youth and other agencies is also being established. It will report to the Board and coordinate and drive the implementation of Pact measures across a number of strategic pillars, including appeals, returns, the border procedure and reception and infrastructure. This team will ensure all stakeholders are consulted and informed as necessary.
Work has already begun on a National implementation plan that I will bring to Government later this year.
Ireland, along with all the other Member States will have two years to implement the necessary changes to our systems and our legislation. The Pact will allow us to overhaul the entire system. The Pact will harmonise asylum procedures and processes across the EU. It will speed up the processing of asylum applications so that people in need of our protection get it quickly and those who don’t are returned to their country of origin efficiently.
It will oblige states to conduct enhanced screening and security checks on those arriving at borders and will reduce irregular secondary movements of asylum seekers, which will be particularly impactful for Ireland.
The EU Commission will partner with Ireland and other member states, offering operational and financial support. The Commission has shared a Common Implementation Plan that sets out high-level objectives and a timeline for key actions to be delivered by the Commission and by Member States.
This will inform the National Implementation Plan that Ireland and other Member States will produce by December 2024. This will set out in more detail what changes will be introduced and when and, in turn, inform the new legislation to be drafted.
The Commission will continue to work on a bilateral basis with each Member State to assess needs and implementation priorities.
The EU has committed €3.6 billion in funding over the coming years to support the implementation of the Pact in Member States through the EU Asylum, Migration and Integration Fund, the multi-annual financial framework mid-term review and a number of other funding streams. The Government intends to draw down the maximum amount available.
The development of the National Implementation Plan will inform process reforms, and the reshaping of the State bodies responsible for asylum decisions and appeals. On the basis of that work, new primary and secondary legislation will be developed to replace the International Protection Act 2015 and other relevant aspects of our legislation. It is envisaged that the General Scheme of the primary legislation will be published in Q1 2025 to allow for drafting and enactment by mid 2026.
My Department, meanwhile, continues to introduce system enhancements to the International Protection process, including through ramping up investment at every level of the international protection system. These are already yielding results but will also assist in putting the necessary capacity in place to implement the Pact.
383. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice the average number of gardaí recruited per year from 2020 to 2023 and to date in 2024, in tabular form. [28977/24]
Amharc ar fhreagraI 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.
384. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice the number of gardaí who resigned or retired in each of the years 2020 to 2023; and the number expected to retire or resign from the force in 2024. [28978/24]
Amharc ar fhreagraI 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.
385. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice the average cost of a member of An Garda Síochána in the years 2020 to 2023; and the average cost in 2024, in tabular form. [28979/24]
Amharc ar fhreagraI have requested the information sought by the Deputy from the Garda authorities. Unfortunately the information has not been received on time. I will contact the Deputy directly once the information is available.
|
Year |
€ |
|
2020 |
70,365 |
|
2021 |
72,001 |
|
2022 |
74,943 |
|
2023 |
81,625 |
386. Deputy Paul Donnelly asked the Minister for Justice the Garda districts within the DMR where the "See Something, Say Something" initiative is operating, in tabular form. [29006/24]
Amharc ar fhreagraIt has not been possible to get the information requested by the Deputy in the time available.
I will write to the Deputy directly once the information is to hand.
387. Deputy Paul Donnelly asked the Minister for Justice the standard equipment provided to gardaí assigned to the public order unit; where this is provided to every Garda assigned to this unit; and the standard equipment provided to gardaí who have received public order training but are not currently assigned to the public order unit. [29007/24]
Amharc ar fhreagraThe Government is committed to ensuring that An Garda Síochána has the resources it needs to fight crime, and a strengthened, well-resourced Garda organisation is central to this policy. I was pleased to secure unprecedented funding of over €2.35 billion for this year, a 25% increase since 2020, which is supporting the continued recruitment of Garda members and staff.
As you will appreciate, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána, including the training of Garda members and staff. As Minister, I have no role in these independent functions.
I am informed by the Garda authorities that Gardaí with specialist training in public order policing perform public order duties. Members performing duty with the Garda National Public Order Unit (GNPOU) provide tactical support as well as a graduated policing response to appropriate incidents, while effectively assisting frontline Gardaí.
These Garda members are only required to perform public order duties when operational demands require their deployment, otherwise they are engaged in routine policing duties. The GNPOU is not a full-time unit.
Members trained in public order are deployed from across the organisation for operational requirements when the need arises.
I am further advised that Members of An Garda Síochána that complete the Public Order Training course receive the following equipment:
• Helmet
• Overalls
• Boots
• Gloves
• Polos
• Long Johns
• Kit Bag
• Baseball Cap
• Headover
• Baton & Holder
• Arm Guard
• Leg Guard
• Thigh Guard
• Water Bottle & Holder
388. Deputy Paul Donnelly asked the Minister for Justice the number of vehicles seized by gardaí for having no insurance within the K district of the DMR in 2023 and to date in 2024, in tabular form. [29008/24]
Amharc ar fhreagraI 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.
|
2023 |
2024 |
|
717 |
636 |
389. Deputy Paul Donnelly asked the Minister for Justice the duration of each category of firearm training that takes place in either Garda HQ or the Garda Training College, in tabular form. [29009/24]
Amharc ar fhreagraI 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.
|
GARDA FIREARMS TRAINING UNIT COURSES |
||
|
FIREARMS COURSE |
DURATION |
|
|
Basic Sig Course (Pistol) |
5 Days |
|
|
Basic Walther Course (Pistol) |
5 Days |
|
|
Basic MP7 Course (Sub-Machine Gun) |
5 Days |
|
|
Basic H&K 416 Course (Rifle) |
5 Days |
|
|
Pistol Conversion Course |
3 Days |
|
|
Refresher Sig Course (Pistol) |
1/2 Day |
|
|
Refresher Walther Course (Pistol) |
1/2 Day |
|
|
Refresher MP7 Course (Sub-Machine Gun) |
1/2 Day |
|
|
Refresher H&K 416 Course (Rifle) |
1/2 Day |
|
|
Basic Taser Course |
3 Days |
|
|
Basic 40mm Launcher Course |
2 Days |
|
|
Refresher Taser Course |
1/2 Day |
|
|
Refresher 40mm Launcher Course |
1/2 Day |
|
|
FATS Training (Judgmental) |
1/2 Day |
|
|
FATAC (Firearms And Tactics Awareness Course) |
3 Days |
|
|
FSAC (Firearms Safety Awareness Course) |
1 Day |
|
|
UN FSAC |
2 Days |
|
|
Close Protection Course |
5 Days |
|
|
Firearms Instructor Course |
6 weeks |
390. Deputy Bernard J. Durkan asked the Minister for Justice if a deportation order might be deferred for the reasons already submitted in the case of a person (details supplied); and if she will make a statement on the matter. [29047/24]
Amharc ar fhreagraMy Department is unable to publish any information that would identify any person as being an international protection applicant. This is a separate matter to the law dealing with data protection matters more generally.?
My officials and I are legally obliged, under Section 26 of the International Protection Act 2015, to ensure that the identity of any person who applies for international protection is kept confidential. Section 26(1) sets out that:
“the Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential”.
As I am sure you will appreciate, these confidentiality requirements are especially important for an asylum-seeker, whose claim inherently supposes a fear of persecution by the authorities of their home country and whose situation, or that of their family or friends still living in the country from which they have sought protection, can be jeopardised if the protection of their personal information is not ensured.
An applicant for such protection status, or their legal representative, should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate if they wish to receive an?update on the status of their case.
Contact information for The International Protection Office can be found at? Contact Us - International Protection Office (ipo.gov.ie)
Contact information for The International Protection Appeals Tribunal can be found at Contact Us - IPAT (protectionappeals.ie)
Both the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) are fully independent in deciding whether or not to grant international protection. Each application is examined individually on its own merits, in line with national and international asylum law. They are also bound by confidentiality provisions in respect of applicants as set out in the International Protection 2015 Act.
391. Deputy Bernard J. Durkan asked the Minister for Justice to indicate if and when a join family visa permit might issue in the case of a person (details supplied); and if she will make a statement on the matter. [29048/24]
Amharc ar fhreagraThe name of the applicant supplied by the Deputy does not match the applicants name associated with the visa application number supplied by the Deputy.
However, I can advise the Deputy that name of the sponsor (contact in Ireland) provided does match the name of the sponsor associated with the join family visa application number supplied by the Deputy. This join family visa application was created on 19 May 2023 and is currently being considered by my officals at the Dublin Visa Office.
It is not possible to give a definitive date as to when this application will be finalised. All 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.
The applicant will be notified as soon as a decision has been reached by a Visa Officer. Processing times and decisions can be checked at the following link: www.irishimmigration.ie/visa-decisions/#decisions
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 Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
392. Deputy Bernard J. Durkan asked the Minister for Justice if she is aware that a senior social worker with Tusla has expressed concern that children in some family law cases are being subjected to immersion therapy, with resultant damage and abuse to children, having particular regard to recently announced proposals by her in family law; and if she will make a statement on the matter. [29051/24]
Amharc ar fhreagra393. Deputy Bernard J. Durkan asked the Minister for Justice if her Department has considered the concept of immersion therapy in the context of any research it has undertaken in respect of parental alienation; and if she will make a statement on the matter. [29052/24]
Amharc ar fhreagraI propose to take Questions Nos. 392 and 393 together.
As the Deputy is aware, my Department is leading an ambitious programme of family justice reform set out in the first Family Justice Strategy, which I published in November 2022.
The Strategy sets out a vision for a family justice system of the future - a system that will focus on the needs and rights of children and which will assist their parents in making decisions that affect all of the family.
The Plan outlines the steps needed to create a more efficient and user-friendly family court system that puts the family and children at the centre of its work. This will be achieved through the implementation of over 50 actions across nine goals, with timelines for delivery up to the end of 2025.
As the strategy was developed, my Department listened to and acknowledged the many issues and concerns about how the current system operates. The actions stress the centrality of children to many family justice matters, and the need to ensure their best interests are considered in conjunction with their constitutional rights.
My Department committed to undertake both a public consultation and independent research on the topic of parental alienation. The findings of both were analysed, and arising from this, my Department developed a policy paper on how to address the issue.
Both the paper and the research report recognise that parental alienation is a highly contested and divisive concept. While there is little concrete information on the exact extent of accusations of parental alienation within the Irish courts, the research report found that, similar to other courts internationally, there appear to be increasing claims of parental alienation in family law proceedings. It appears to arise particularly in custody and access disputes and in cases where allegations of domestic, sexual and gender-based violence feature.
Despite the highly contested nature of the concept, there was consensus in the public consultation that the means to address these concerns, including concerns of the type referred to by the Deputy, lie in improvements to the Irish family courts and family justice system.
Reflecting this, the policy paper puts forward six recommendations to address the issue of parental alienation, which are also linked to actions within the Family Justice Strategy. One of the recommendations in the paper is to conduct a review of expert reports in the family law process.
On 13 June 2024 I published a wide-ranging review of the role of expert reports in the family law process. This comprehensive review undertaken by my Department sets out 20 recommendations for reform. When implemented, these actions will contribute to a reformed family justice system which is user-focused, consistent and – most importantly – places children at its core.
These changes are just one piece – but an important piece – of a reformed family justice system. When implemented, these recommendations will improve the quality of expert reports in family law proceedings and will standardise practises relating to how they are commissioned and by whom. . Reports support the judiciary in their decision making and help to ensure that children are at the centre of the decisions they make.
Following on from the review of role of expert reports, my Department will establish a Voice of the Child Working Group to ensure children’s constitutional rights to be heard in family law proceedings continue to be upheld. In addition to examining other ways in which the voice of children may be heard in family law proceedings, the Group will also develop a Voice of the Child Report Template and work on establishing the Children’s Court Advocate Pilot Project – key recommendations in the Review
The recommendations in the Review are ambitious and seek to address all of the issues raised. Their implementation will ensure that our constitutional obligation to hear children’s views and that their best interests be the paramount consideration are truly fulfilled. They will contribute to a reformed family justice system which is user-focused, consistent and – most importantly – places children at its core.
Finally, it has been widely acknowledged in all of the consultation and engagement on these issues that training for all who work in the family justice system is a key enable of improrved services and outcomes for families and children. To that end my Department is also establishing a working group to analyse the training needs of those working across the family justice system and to develop effective and relevant training programmes. Nominees for membership of the group have been sought and the first meeting is expected to take place in the coming weeks.
394. Deputy Bernard J. Durkan asked the Minister for Justice to indicate notwithstanding replies to recent PQs, if the case of a person (details supplied) can be urgently reviewed; and if she will make a statement on the matter. [29061/24]
Amharc ar fhreagraAs 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. Therefore the Department is unable to publish any information that would identify an international protection applicant.
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, as appropriate. This will enable a full and comprehensive reply to be provided.
Both the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) are fully independent in deciding whether or not to grant international protection. Each application is examined individually on its own merits, in line with national and international asylum law.
I can assure the Deputy that my Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.
I am ramping up investment at every level of the international protection system, including in the International Protection Office (IPO). In recent years, the IPO has expanded its processing capacity, doubled its budget, and invested in process reform and digitisation.
One of the priority areas of focus has been to recruit both civil servants and panel members, to increase case processing. The International Protection Office now has 449 staff, an increase of over 100% since 2022.
This investment has led to the number of decisions issuing increasing threefold and is set to increase further this year. It has also led to a significant improvement in processing times, with all first-instance decisions reducing from 18 months in 2022 down to 13 months in 2023. The median processing time for appeals was 5.5 months in 2023 down from 13.5 months at the start of 2022.
Recent strategic policy and operational approaches to speed up applications from safe countries and the country with the highest number of applications are also proving effective. Applications from designated safe countries have dropped by more than 50% since I introduced the accelerated procedure.
This year, asylum applications in Ireland have increased with 10,606 applications to 28th June, in comparison to 5,391 applications at the same point in 2023.
To ensure the gains made through the recent reform efforts are not compromised by a significant increase in applications I intend to further increase resourcing of the entire end-to-end international protection process. This will include further additional staffing, to maintain processing times, significantly increase removals and enhance border security.
