Written Answers Nos. 1042-1061
1042. Deputy Carol Nolan asked the Minister for Justice if she is in a position to provide a full reply to Parliamentary Question No. 377 of 4 July 2024; and if she will make a statement on the matter. [33792/24]
Amharc ar fhreagraThe Deputy will recall that when I responded to Question 377 on the 4 July I explained that the information requested was not made available within the specified timeframe. I committed to responding directly to the Deputy once the requested information was received, and that response issued to the Deputy last month.
The post reply explained that the requested information had been received from An Garda Síochána, who advised that the recording and retention of hate incidents (non-crime) by the police service on the PULSE system is in line with relevant data protection laws and that Section 7(1) of the Garda Síochána Act 2005 states that the function of the Garda Síochána is to provide policing and security services for the State with the objective of vindicating the human rights of each individual.
The information further advised that An Garda Síochána defines a hate incident as any non-crime incident which is perceived by any person to, in whole or in part, be motivated by hostility or prejudice, based on actual or perceived age, disability, race, colour, nationality, ethnicity, religion, sexual orientation or gender.
An Garda Síochána’s policy document titled ‘Responding to Hate Crimes and None-Crime Hate Incidents’ states that the perception of the victim or other relevant person is central to determining whether to record an incident as a Hate Crime or a Hate Incident. Hate Incidents (Non-Crime) are by (working) definition not criminal offences and therefore do not result in criminal investigations.
Once an incident is reported to An Garda Síochána it must be recorded on the PULSE system. Records made on PULSE is data generated that forms an accountable record of the actions taken by members of An Garda Síochána when performing their statutory policing function.
The records of data gathered and created within the course of business of An Garda Síochána are departmental records within the meaning of Section 2 of the National Archives Act, 1986. An Garda Síochána is a scheduled body within the meaning of Section 1 of the Act and is therefore legally obliged to retain and preserve departmental records made in the course of its business.
The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill is currently before the Houses and the purpose of this Bill is to protect those who are most vulnerable to hate crime and hate speech. The Bill will legislate against hate crimes for the first time in Irish law and bring us into line with our European counterparts.
It will also update our existing incitement to hatred laws dating from 1989 which do not reflect the modern online context; and in order to ensure compliance with EU law. In doing so, it will update and simplify existing offences to reflect the online context in which people now communicate and to ensure the legislation is more effective.
Under the new legislation, it will be an offence to communicate, or to behave in such a way that incites violence or hatred against a person on the basis of their race, colour, nationality, religion, national or ethnic origin, descent, gender, sex characteristics, sexual orientation or disability. It will not be an offence to hold an unpopular opinion, or to criticise or insult a person on account of their protected characteristics.
The legislation is designed to protect vulnerable communities from the most serious types of hate speech – speech that will put them in harm’s way. It is not intended to enforce politeness or political correctness. A person will still be able to, for example, say that they disagree with using a certain pronoun a person uses to identify themselves, and not use that pronoun if they don't wish to.
The Bill provides for an objective demonstration test, similar to that used in neighbouring jurisdictions, which allows for guilt to be established if the perpetrator uses, for example, a racial slur, gesture or other evidence of hatred towards the victim. The demonstration test is not based on the perception of the victim. For a prosecution to succeed, a jury will have to be convinced beyond reasonable doubt that a hate-aggravated offence has been committed.
The new law includes defences for reasonable and genuine contributions to literary, artistic, political, scientific, religious or academic discourse, and fair and accurate reporting. These are not covered by the existing Prohibition of Incitement to Hatred Act 1989 and show the Government’s commitment to protecting genuine debate. The Bill also includes a general provision on the right to protect freedom of speech.
It is my intention to bring the Bill through the Houses in due course having considered appropriate amendments on foot of concerns raised.
1043. Deputy Peadar Tóibín asked the Minister for Justice the number of persons who are currently in prison in the State. [33794/24]
Amharc ar fhreagra1156. Deputy Carol Nolan asked the Minister for Justice to provide details on current official inmate capacity within the prison system; the number of persons currently imprisoned in both male and female prisons; and if she will make a statement on the matter. [35227/24]
Amharc ar fhreagraI propose to take Questions Nos. 1043 and 1156 together.
The current official prisoner capacity within the prison system is 4,519. As at 9th September 2024, there were 4,938 people in custody.
The number of people in custody is published on a daily basis and is available on the Irish Prison Service website, www.irishprisons.ie. This information can be located in the Information Centre – under Statistics & Information – Daily Prisoner Population.
The table below provides the number of both male and female prisoners in custody as at 9 September 2024:
|
Male Prisoners |
4,675 |
|
Female Prisoners |
263 |
|
Total Number of Prisoners |
4,938 |
It is for the courts to determine if a custodial sentence is required, and the IPS must accept into custody all people committed to prison by the Courts.
The Prison Service is working closely with officials in my Department to take steps to ensure a safe working environment for staff, and the safety and security of people in custody.
They are also working to identify short, medium, and long-term proposals to manage capacity issues in our prisons as they arise.
Government has made significant capital funding available to the Irish Prison Service to enhance the existing prison infrastructure and provide additional capacity.
A total Capital funding allocation of €159m for the years 2024 to 2026, which includes an increase of €49.5m in the most recent NDP allocations to assist towards bringing on stream accommodation for over 1,100 people between 2024 and 2030.
Short term projects are being progressed which are expected to deliver accommodation for over 150 people in 2024. The Prison Service are also engaged with the Defence Forces to assess the feasibility of bringing the Curragh Military Prison into use.
In recent years, capacity across the prison estate has been increased by more than 200 additional spaces through the reopening of the Training Unit in Mountjoy, the opening of new male accommodation in Limerick and the new standalone female prison in Limerick.
In July 2023, I established a Prison Overcrowding Response Group, composed of officials from the Department of Justice and representatives from relevant agencies, to identify measures to address capacity issues in the prison estate. In June 2024, on foot of a report from this Group, I approved 12 actions and work to implement these is ongoing.
In addition, and to further consider future prison capacity needs, I have established a new Working Group which will make recommendations on the numbers and types of prison capacity needed out to 2035. This Group will also make recommendations on the future use of the site at Thornton Hall.
1044. Deputy Peadar Tóibín asked the Minister for Justice the number of persons who are currently in prison in the State who previously served time in prison for an offence in the past. [33795/24]
Amharc ar fhreagraI am advised by the Irish Prison Service that a snapshot analysis of the prison population is conducted on the last day of each month. The most recent analysis was conducted on 31 July 2024 and it is this analysis which has been used to provide the information requested by the Deputy.
On the 31st July 2024, the total number of people in custody was 5,048. Of these, 3,385 previously served time in prison.
1045. Deputy Peadar Tóibín asked the Minister for Justice the purpose of the speakup@justice.ie email account; the date upon which this email address was first publicised; the number of emails in the inbox of that account; the number of emails in the outbox of that account; and the frequency with which the email account is monitored. [33796/24]
Amharc ar fhreagraI can advise the Deputy that the speakup@justice.ie email account was introduced in 2019 to provide a secure and confidential reporting channel for workers who wish to make protected disclosure reports to my Department. The account is also used to communicate with relevant parties and bodies such as the Protected Disclosures Commissioner.
It serves as a confidential communication channel for protected disclosure correspondence, and to encourage staff to raise concerns by confidential email. It was first published in the Department’s Protected Disclosures Annual Report for 2019 on 30 June 2020. My Department has had an internal Protected Disclosures Policy since 2015 to publicise and encourage "speaking up".
The inbox is managed by the Protected Disclosures Manager who is the designated person responsible for handling protected disclosure reports in accordance with the legislation and is trained in the requirements of the Protected Disclosures Act to receive, handle and follow up on reports.
The inbox is managed by the Protected Disclosures Manager who is the designated person responsible for handling protected disclosure reports in accordance with the legislation. The Protected Disclosures Manager is trained in the requirements of the Protected Disclosures Act to receive, handle and follow up on reports.
Protected disclosures and related queries are also made through other channels and replied to by same. Relevant correspondence concerning such queries is copied to speakup@justice.ie and does not require a reply from the account.
Emails to speakup@justice.ie are monitored daily during normal working hours. This account is used to deal with all correspondence about disclosures. Since its establishment in 2019. The number of emails received is 739, and the number of emails sent out of the account is 443 as of 5 September 2024. The mailbox sends an automated acknowledgement to every email received. It should be noted that some correspondence does not require a response.
Protected disclosure reports can also be made by writing to the Department or the Minister for Justice/Minister of State.
Details of the procedures on how to make a report are published on the Department’s website at: www.gov.ie/en/organisation-information/7f5e0-department-of-justice-protected-disclosures/
Protected disclosure reports can also be made by writing to the Department or the Minister for Justice/Minister of State.
1046. Deputy Peadar Tóibín asked the Minister for Justice the number of prisoners in the State who reported being assaulted while in prison in each of the past ten years; and if a breakdown can be provided on the nature of the assaults, in tabular form. [33797/24]
Amharc ar fhreagraIt 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.
1047. Deputy Peadar Tóibín asked the Minister for Justice the number of persons who died while in prison in each of the past ten years; and if a breakdown can be provided on the causes of death, in tabular form. [33798/24]
Amharc ar fhreagraAll deaths in custody are notified to An Garda Síochána, who investigate where circumstances warrant, in addition to the inquest held in the Coroner's Court. The cause of death is determined by a jury on the basis of the information presented to the Coroner's Court.
All deaths in custody, and deaths that occur within one month of temporary release, are also subject to an independent investigation by the Inspector of Prisons.
The information requested by the Deputy in respect of the number of people who died while in Prison in each of the last ten years and to date in 2024, and the breakdown of the cause of death, is provided in tables below.
Table 1: Total deaths in custody from 2013 to 30 August 2024 inclusive that took place while the person was in Prison
|
Year |
2013 |
2012 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
2023 |
2024 |
Total |
|
|
9 |
8 |
15 |
5 |
10 |
9 |
14 |
8 |
8 |
20 |
12 |
15 |
133 |
Table 2: Deaths in Custody 2013 to 30 August 2024 inclusive classified by cause of death as determined by Coroner
|
Year |
Suicide |
Deceased took his/her own life |
Misadventure |
Natural Causes |
Open |
Narrative Verdict |
Unlawful Killing |
Inquest Pending |
Annual Total |
|
2024 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
15 |
15 |
|
2023 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
12 |
12 |
|
2022 |
1 |
0 |
1 |
4 |
0 |
0 |
0 |
14 |
20 |
|
2021 |
1 |
0 |
1 |
2 |
0 |
0 |
0 |
4 |
8 |
|
2020 |
1 |
0 |
0 |
2 |
0 |
0 |
0 |
5 |
8 |
|
2019 |
1 |
0 |
2 |
5 |
0 |
0 |
0 |
6 |
14 |
|
2018 |
1 |
0 |
2 |
4 |
0 |
0 |
0 |
2 |
9 |
|
2017 |
2 |
0 |
1 |
2 |
2 |
1 |
0 |
2 |
10 |
|
2016 |
2 |
1 |
0 |
1 |
0 |
1 |
0 |
0 |
5 |
|
2015 |
1 |
1 |
4 |
4 |
2 |
2 |
1 |
0 |
15 |
|
2014 |
2 |
0 |
3 |
1 |
1 |
1 |
0 |
0 |
8 |
|
2013 |
3 |
0 |
1 |
2 |
1 |
0 |
1 |
1 |
9 |
|
Total |
15 |
2 |
15 |
27 |
6 |
5 |
2 |
61 |
133 |
1048. Deputy Peadar Tóibín asked the Minister for Justice the number of social workers working in the Irish Prison Service. [33799/24]
Amharc ar fhreagraI wish to advise the Deputy that the Irish Prison Service do not employ social workers directly.
The services of many support workers are provided by a variety of external agencies and are not directly employed by the Irish Prison Service.
Probation Officers, many of whom are social work qualified, are assigned to work in prison settings nationally and work with individuals in custody as valued members of multi-disciplinary teams. This can mean working closely with prison staff, psychologists, addiction specialists and community based organisations.
As of 31 August 2024, there are 34.9 (FTE) Probation Officers engaged in this work, alongside 1 Probation Assistant, 2 Assistant Principal Probation Officers and 7 Senior Probation Officers.
1049. Deputy Peadar Tóibín asked the Minister for Justice the number of chaplains working in the Irish Prison Service. [33800/24]
Amharc ar fhreagraThe role of the Prison Chaplain is to provide pastoral care and spiritual support to the entire prison community which includes prisoners, staff, families and community groups as set out in the Prison Rules.
Working within the framework of prison multi-disciplinary teams, Prison Chaplains encourage and support all people in custody to adapt to prison life, prepare for life after release and support their transition from prison back to the community.
I am advised by the Irish Prison Service that the number of Prison Chaplains working in the Irish Prison Service as at 31 August 2024 is 20.
1050. Deputy Peadar Tóibín asked the Minister for Justice the number of counsellors or psychologists currently working in the Irish Prison Service. [33801/24]
Amharc ar fhreagraThe role of the Psychology Service in the Irish Prison Service is to develop, deliver and manage an integrated mental health and criminogenic needs assessment and treatment service for people in custody, in line with service plans and objectives, and within established professional standards, guidelines and policy.
Psychologists are employed directly by the Irish Prison Service. The Irish Prison Psychology Service has the following authorised posts: a Head of Service, a Principal Psychologist Manager, a Principal Specialist Psychologist, 14 Senior Psychologists, 23.4 Staff Grade Psychologists and 14 Assistant Psychologists. The latter is a fixed term contract unqualified grade which is not included when establishing the psychologist to prisoner ratios.
The number of psychologists currently employed by the Irish Prison Service is as follows: a Principal Psychologist Manager, 13 Senior Psychologists, 15 Staff Grade Psychologists (4 are currently in training via UCC) and 10 Assistant Psychologists. There are currently 3.4 locum Psychologists and one locum Senior Psychologist employed by the Irish Prison Service.
The Psychology Service has engaged in a concerted effort to improve the recruitment and retention of Psychologists. A recruitment campaign for Psychologists recently concluded, resulting in the formation of a panel and it is anticipated that the eight current psychologist vacancies will be filled from this panel.
Separately, counsellors, specifically addiction counsellors, are employed directly by Merchants Quay Ireland to provide a prison-based addiction counselling service across the entire Irish Prison Service estate. There are 17.6 Addiction Counsellors currently working across the Irish Prison Service Estate. Merchants Quay Ireland have advised that they have recently recruited 2.4 additional counsellors who are expected to begin working in prisons during September 2024. This will ensure that the sanctioned compliment of 20 Addiction Counsellors is in place.
1051. Deputy Peadar Tóibín asked the Minister for Justice the number of persons arrested for rape and sexual assault in each of the past ten years and to date in 2024, in tabular form. [33810/24]
Amharc ar fhreagraI can assure the Deputy that this Government is deeply committed to tackling sexual violence and sexual crime in all its forms.
Working to ensure that victims feel empowered to report sexual crimes, and that when they do, they are fully supported at every stage of their interaction with our justice system, has been a priority for me as Minister for Justice.
Building the confidence of victims is a cornerstone of the actions set out in Supporting a Victim’s Journey. The implementation of this important action plan is continuing and a number of key actions have already been delivered including:
• The nationwide rollout of Divisional Protective Service Units;
• The establishment of a course in University of Limerick to train intermediaries;
• Legislating for preliminary trial hearings;
• Undertaking a mapping exercise to identify gaps in services and supports provided for victims, both geographically and by service type, and the provision of increased funding to address them; and
• The first cohort of staff at a new sexual offences unit in the Director of Public Prosecutions took up their roles.
Many of the actions in Supporting a Victims Journey were delivered or were in the course of being delivered when the Third National Strategy on Domestic Sexual and Gender-Based Violence (DSGBV) was published in 2022 and the DSGBV Strategy builds on what has been delivered under Supporting a Victims Journey.
The Strategy underlines the Government’s commitment to tackling sexual violence in all its forms. The plan recognises the importance of strong legislation, of reporting, of supports for victims and of a co-ordinated approach in our work with victims, and outlines the actions we will take in each of these areas.
I am also very aware of the importance of comprehensive and robust data in this area. That is why my Department commissioned the CSO to undertake a national survey of the prevalence of sexual violence; the results of which were published last year. This will provide an important baseline for evaluating the vital work across all of Government under the Zero Tolerance Strategy.
Earlier this year, I established Cuan, the new DSGBV Agency, which is key to delivering on the ambition of the strategy. Cuan is now responsible for coordinating all Government actions set out in the Strategy, including those that build on what was delivered under Supporting a Victims Journey.
I am also focused on strengthening our laws and the the Sex Offenders (Amendment) Act 2023 now provides for stronger supervision of sex offenders post release.
The Criminal Law (Sexual Offences and Human Trafficking) Act 2024 was signed into law in July and I recently commenced parts 1, 2, 4 and 5 of that Act which will:
• Implement recommendations from the O’Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences;
• Ensure anonymity for victims in all trials for sexual offences;
• Extend the right to separate legal representation to victims of sexual assault if they are being questioned about their previous sexual history;
• Ensure that character evidence at a sentencing hearing for a person convicted of a sexual offence must be made on oath or via affidavit.
In relation to the specific information sought by the Deputy on the number of persons arrested for rape or sexual assault in each of the past ten years and to date in 2024, I have sought this information from An Garda Síochána and it is presented in the table below.
The following are the annual counts of custody logs created each year since 2014 and to 30th June 2024 where the originating incident was Rape or Sexual Assault.
|
- |
Arrest or Entry Year |
||||||||||
|
Originating Incident Type |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
2023 |
H1 2024 |
|
Rape |
278 |
247 |
275 |
324 |
363 |
381 |
369 |
367 |
312 |
218 |
46 |
|
Sexual Assault |
389 |
501 |
538 |
539 |
599 |
548 |
573 |
590 |
452 |
361 |
74 |
|
667 |
748 |
813 |
863 |
962 |
929 |
942 |
957 |
764 |
579 |
120 |
1052. Deputy Peadar Tóibín asked the Minister for Justice the number of times gardaí have been called to incidents involving persons entering or seeking to enter the River Corrib in Galway city, in each of the past five years, and to date in 2024. [33816/24]
Amharc ar fhreagraAs 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 these matters, nor can I direct the Commissioner with regard to them.
However, to be of assistance I sought the information requested by the Deputy from An Garda Síochána and have been advised that the table below includes the results of a search of the PULSE database for all incidents of 'Person Misadventure' in the Garda district of Galway, which included the incident narrative 'Corrib' or 'river'. Please note that this information is operational and may be subject to change.
|
Year Reported |
Incidents |
|
2019 |
19 |
|
2020 |
23 |
|
2021 |
29 |
|
2022 |
33 |
|
2023 |
25 |
|
2024 (to 31 July 2024) |
11 |
1053. Deputy Peadar Tóibín asked the Minister for Justice the number of times gardaí have been called to incidents involving persons entering or seeking to enter the river Shannon in Limerick city in each of the past five years and to date in 2024, in tabular form. [33817/24]
Amharc ar fhreagraAs 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 these matters, nor can I direct the Commissioner with regard to them.
However, to be of assistance I sought the information requested by the Deputy from An Garda Síochána and have been advised that the table below includes the results of a search of the PULSE database for all incidents of 'Person Misadventure' in the Garda sub-districts of Henry Street and Roxboro Road, which included the incident narrative 'Shannon' or 'river'. Please note that this information is operational and may be subject to change.
|
Year Reported |
Incidents |
|
2019 |
94 |
|
2020 |
98 |
|
2021 |
86 |
|
2022 |
74 |
|
2023 |
91 |
|
2024 (to 31 July 2024) |
44 |
1054. Deputy Darren O'Rourke asked the Minister for Justice the number of gardaí, by rank and by station, in County Meath; and if she will make a statement on the matter. [33832/24]
Amharc ar fhreagraAs 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 over €2.35 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 frontline 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 as of 30 June 2024, the latest date for when figures are available, there was a total of 14,100 Garda members nationwide. This represents an increase of 10% since the end of December 2015.
In the interest of transparency, information in relation to the allocation of Gardaí by Division, District, Station and Rank is publicly available and can be found at the following link:
www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/
1055. Deputy Claire Kerrane asked the Minister for Justice the number of gardaí on transfer lists; and if she will make a statement on the matter. [33858/24]
Amharc ar fhreagraAs 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, this includes all Garda HR matters and the distribution of Garda members throughout the State. As Minister I have no role in these matters
I am advised by the Garda authorities that all members of An Garda Síochána who have completed their two year probationary period may submit an application for transfer to another Division. At this time, approximately 550 members, across Garda ranks, have a live transfer application. In the 12 month period from July 2023 to July 2024, approximately 300 transfer applications were approved.
I am further advised that applications for transfer are considered on an ongoing basis to meet the needs of the organisation, as well as in the context of new probationer Garda allocations. In considering the transfer of personnel, particular consideration is given to the resourcing needs of the member’s current Division and those of the Division(s) to which they have applied to transfer, as well as the welfare circumstances of members themselves. For those members who do require welfare assistance, the Garda Employee Assistance Service is also in a position to provide support.
1056. Deputy Marc Ó Cathasaigh asked the Minister for Justice if she is undertaking a review of the family reunion policy; if so, when the review is due to be completed; and if she will make a statement on the matter. [33871/24]
Amharc ar fhreagraThe review of the Policy Document for Non-EEA Family Reunification, which was last amended in 2016, is examining a wide range of matters relating to applications for family reunification, including the nature and suitability of current income thresholds and waiting periods. My Department has consulted with a wide variety of stakeholders and the expectation is that the review will be brought to a conclusion in the coming months.
While I fully understand that people moving to Ireland to live and work would wish to have their family join them, the issues to be examined as part of a family reunification application are complex. An important consideration in all family reunification applications, for example, is the ability of the sponsor to demonstrate a clear capacity to provide for their family member or members if they are to be granted a permission to come to Ireland.
I can also advise that, with effect from 15 May 2024, the first part of the review was implemented in that eligible spouses and partners of General Employment Permit and Intra-Corporate Transfer Irish Employment Permit holders, who have applied for and been granted family reunification, in accordance with the Non-EEA Family Reunification Policy, are now registered on a Stamp 1G permission, rather than a Stamp 3. This allows the holder to take up employment without the need to obtain a separate Employment Permit of their own.
1057. Deputy Peadar Tóibín asked the Minister for Justice if any of the recommendations of the 2018 Garda Inspectorate Report have been implemented; and if so, the actions that have been taken for each recommendation. [33908/24]
Amharc ar fhreagra1058. Deputy Peadar Tóibín asked the Minister for Justice if the fundamental review of policing during the Dublin riots has been completed; if so, the recommendations; the actions that have been taken for each of these recommendations. [33909/24]
Amharc ar fhreagraI propose to take Questions Nos. 1057 and 1058 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.
1059. Deputy Peadar Tóibín asked the Minister for Justice if a review was undertaken within An Garda Síochána or within her Department into the public order incidents on Grafton Street in 2021; if so, the recommendations; and the actions that have been taken for each of these recommendations. [33910/24]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner is responsible by law for all operational policing matters, including training and standard operating procedures. As Minister I have no direct role in these matters, but I am assured by the Commissioner that these are kept under review by the Garda authorities.
I am aware that, following any public order operation, An Garda Síochána’s practice is to conduct an operational debrief to identify any lessons to be learned and to inform the development of future policing operations and responses.
I am advised by the Garda authorities that, following the public order incidents referred to by the Deputy, a review was carried out by the Assistant Commissioner for Roads Policing and Community Engagement. I am further advised that the recommendations from this review were implemented by the Director of Training and Professional Development.
The recommendations implemented by the Director of Training and Professional Development were as follows:
• The introduction of a National Public Order and Public Safety Gold, Silver and Bronze command structure including training, accreditation and the development of a National Training Register.
• The creation and introduction of command and decision logs.
• The development of a specific training package for those involved in event planning.
• The consideration of the development of public order and public safety awareness training for delivery to members who are not public order trained.
• The creation and use of a standardised Planning and Briefing Model for An Garda Síochána.
For the Deputy’s information the Garda National Public Order Unit (GNPOU) have been issued with additional equipment in recent months, including:
• Mark 9 Incapacitant Spray Canisters and holsters for GNPOU, which has been rolled out to GNPOU members since the serious public order disturbances in Dublin City in November 2023.
• Round public order/riot shields have been bought, delivered, and issued to the GNPOU.
• GNPOU are now being issued with ASP Trifold handcuffs which will allow for quicker application of restraints to arrested persons in the various challenging environments where Garda members are deployed.
1060. Deputy Richard Boyd Barrett asked the Minister for Justice the length of time it takes to process international protection applicants from South Africa; the length of time to process appeals to refused leave to remain in the State; if they are entitled to legal aid when being interviewed; and if she will make a statement on the matter. [33941/24]
Amharc ar fhreagraMy 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 517 staff, an increase of 144% since 2022.
This investment has led to the number of decisions issuing increasing threefold and is set to increase further this year. Recent strategic policy and operational approaches to speed up applications from safe countries and the countries with the highest number of applications are also proving effective. Applications from designated safe countries have dropped by over 70% since these procedures were introduced in November 2022.
South Africa was designated as a Safe Country in November 2022. Applications made prior to that date, as standard cases, have a median processing time of 79 weeks. Applications after that date, as accelerated cases, have a median processing time of 11 weeks.
The median processing time for appeals from South Africa received in the International Protection Appeals Tribunal (IPAT) in 2024 to 31st July is 9.2 months.
This year, asylum applications in Ireland have increased by 82.4% with 14,030 applications to 2nd September 2024, compared to 7,690 applications in the same period 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.
All applicants have the right to consult a legal representative about the making of their application for international protection. They can avail of the services of the Legal Aid Board (LAB), which:
(i) provides legal assistance and advice in support of their application.
(ii) advises them in relation to the completion of their International Protection Questionnaire including any grounds that they may wish to set out for the purpose of requesting that the Minister should give them permission to remain in the State (Ireland).
(iii) assists them in the preparation for their international protection interview and any written representations to the Minister.
(iv) in the case of a negative recommendation on their application, provides representation for them in any appeal they may take to the International Protection Appeals Tribunal (IPAT).
1061. Deputy Bernard J. Durkan asked the Minister for Justice the procedure for appeal of a decision to refuse refugee status in the case of a person (details supplied); if this application can be urgently reviewed; and if she will make a statement on the matter. [33942/24]
Amharc ar fhreagraAs the Deputy may be aware, my 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.
If you need more detailed information on how an application will be processed by the IPO and in relation to the different stages of the process, you can find details on the IPO website at: www.ipo.gov.ie/en/IPO/Pages/Assessment_of_Application.
