Written Answers Nos. 1062-1081
1062. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed to regularise residency status for a person (details supplied); and if she will make a statement on the matter. [33947/24]
Amharc ar fhreagraI can advise the Deputy that in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made. These cases are amongst many to be considered at present and, as such, it is not possible to provide a specific indication as to when the cases will be finalised.
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.
1063. Deputy Bernard J. Durkan asked the Minister for Justice to clarify the residency status of a person (details supplied); and if she will make a statement on the matter. [33953/24]
Amharc ar fhreagraThe person referred to by the Deputy has been granted permission to remain in Ireland on a Stamp 4 basis, valid to 9 September 2024.
Individuals residing in Dublin, Kildare, Cork, Limerick, Wicklow and Meath are able to renew their immigration permissions online using my Department's online platform and do not need to attend the Burgh Quay Registration Office or their local Garda station in person.
I am advised that the person referred to applied to renew their permission using my Department's online platform on 11 August 2024. However, this renewal application was refused as the appropriate fee was not submitted.
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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
1064. Deputy Gary Gannon asked the Minister for Justice when a person (details supplied) will receive their certificate of naturalisation having applied over two months ago; and if she will make a statement on the matter. [33983/24]
Amharc ar fhreagraI can confirm to the Deputy that certificates of naturalisation have been issued via registered post for any person who was conferred with Irish citizenship at the June ceremonies.
Over 10,000 people were naturalised at the Citizenship Ceremonies held across June 2024 and I appreciate there was some delay in issuing certificates as a result.
My Department has recently implemented new procedures which will reduce the waiting time for our new citizens to receive their certificates going forward.
If any applicant has a query on their certificate, they can email citizenshipinfo@justice.ie.
In just over two years the Citizenship Division of my Department has gone from processing around 12,000 applications a year to processing over 20,000 applications in 2023 and has already made more than 16,000 decisions to date in 2024.
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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
1065. Deputy John Lahart asked the Minister for Justice the Garda numbers in Tallaght and Rathfarnham Garda Stations 2020-2024, in tabular form; and if she will make a statement on the matter. [33996/24]
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/
1066. Deputy Jim O'Callaghan asked the Minister for Justice if she will report on the implementation of the programme for Government commitments under the remit of her Department. [34013/24]
Amharc ar fhreagraAs the Deputy is aware, the 2020 Programme for Government contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society. My Department remains steadfast in working to deliver on the commitments in the Programme over its lifetime. These commitments have been set out in my Department’s annual Justice Plans from
2021 to 2024 with update reports published twice yearly.
I am proud that there has been extensive progress including a broad range of policy and legislative reforms.
Some of the achievements of the Department since the formation of the Government are set out below.
Unprecedented increased investment in support of An Garda Síochána
I have increased investment in An Garda Síochána to the highest ever level with a budget allocation of €2.31 billion under Budget 2024. This has allowed for sustained, ongoing investment in Garda recruitment following the forced closure of the Garda College during Covid-19.
Budget 2024 provided for funding for:
• Ongoing Garda recruitment.
• A 25% increase in the overtime budget.
• €6m provided for Garda wellbeing initiatives, additional medical costs and over 2,500 units of body armour.
To support recruitment I have:
• Increased the Garda training allowance by 66% (to €305 per week).
• Increased the age of entry into the Gardaí from 35 to 50 years of age.
• Increased the retirement age from 60 to 62.
This increased investment has enabled:
• Over 13,000 mobility devices- allowing frontline Gardaí to conduct policing tasks in real time.
• Over 3,400 Garda vehicles – the largest fleet of vehicles in the organisation’s history and a 31% increase since 2015.
• Increased welfare and mental health supports.
• Major investment in new and refurbished stations.
• The rollout of a proof-of-concept project for Body Worn Cameras (BWC) in Dublin City, Limerick and Waterford, ahead of a national rollout of BWCs.
• And a new, more practical, operational uniform.
Additionally, I have increased the stipend for members of the Garda Reserve to up to a maximum of €3,000 per year.
Domestic, Sexual and Gender Based Violence
I published the Government’s Zero Tolerance plan to tackle domestic, sexual and gender-based violence (DSGBV) in 2022. This ambitious, five year plan has been accompanied by detailed implementation plans which ensures the strategy is a living document and emerging issues can be incorporated.
The 2024 implementation plan was published earlier this year and contains actions for a wide range of Government Departments as well as various state bodies. In addition to refuge accommodation, priorities include work on the National Services Development Plan, progressing legislative reform, evaluating the effectiveness of awareness raising campaigns, and the development of a research and data plan to support collating DSGBV information across government departments and agencies.
I am committed to doubling the overall number of refuge units over the lifetime of the Strategy. To achieve this, we are working with all stakeholders to put in place the necessary structures and supports to accelerate the delivery of additional refuge accommodation year on year. There are also a number of actions focused on ensuring safer digital, public and workspaces, and to reduce opportunities for sexual and gender-based violence.
There is a huge body of work underway. Key achievements include:
• In excess of €7.9m in additional funding for combatting DSGBV was secured for my Department in Budget 2024. This represents a significant increase and will support the implementation of the Zero Tolerance plan - including through the new agency, which has an overall budget of €59m for 2024. This funding will also assist the agency in meeting the acute needs for services throughout the country.
• The establishment of Cuan, the new statutory DSGBV Agency, which is key to delivering on the ambition of the strategy, including in relation to prevention, education, awareness raising and training for all who come into contact with vulnerable victims (including the legal professions) and ensuring the right supports are there to protect and support victims of these hideous crimes.
• increasing the maximum penalty for assault causing harm – one of the most commonly prosecuted violent offences – from 5 years to 10 years.
• introducing a new standalone offence of non-fatal strangulation, which can be a precursor to murder in domestic abuse situations. These changes will give judges a wider range of sentencing options to consider when addressing the more serious of assault causing harm and domestic abuse cases.
• introducing a standalone offence of stalking and strengthening the law around harassment. While any person can be a victim of stalking or harassment, they are again common behaviours in domestic abuse situations. It introduces a new stalking offence 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.
• the Act also provides for the making of civil orders restraining stalking conduct. These orders form an important first step in addressing stalking behaviour as they do not require the level of proof associated with the criminal offences.
• it will also ensure the protection of the identity of alleged victims of harassment and stalking in court proceedings. The background to this provision is that offences like harassment and stalking already impinge on a person’s privacy and personal life. Preventing public identification of victims online or in the media (unless they choose to waive their right to anonymity) is to prevent putting victims at further risk of invasion of their privacy, re-traumatisation or causing them further harm.
• the Act will extend the restriction on alleged perpetrators carrying out their own cross-examinations of victims to a wider range of offences than at present (sexual offences), including those including violence, coercive control, stalking and harassment.
• I enacted the Criminal Justice (Miscellaneous Provisions) Act which contains measures targeting violent and organised crime, violence against Gardaí and also has a particular focus on domestic, sexual and gender-based violence:
Other achievements include:
• The Sex Offenders (Amendment) Act 2023 was enacted and commenced in 2023 and provides for stronger supervision of sex offenders post release.
• A statutory review of Part 4 of the Criminal Law (Sexual Offences) Act 2017 that deals with the purchase of sexual services. It is my intention to bring this work to a conclusion as soon as possible.
• As an action under the Justice Plan 2024, I receive regular updates in relation to progress on this review and I am aware that the Research Team has analysed the data and documentation submitted on foot of the consultation process undertaken by the previously appointed external reviewer.
• The Sexual Violence Survey 2022 was published by the CSO providing high quality national prevalence data on sexual violence.
• We have committed to undertaking a prevalence survey on domestic violence, the development of which is underway.
• Implemented awareness campaigns on intimate image abuse, victims of crime and consent have been rolled out. Many of the actions in the Strategy are focused enhanced support for victims. The provision of legal aid and legal advice, trauma-informed training, and national awareness campaigns are all provided for.
• Enacted ‘Coco’s Law’ to criminalise the distribution of intimate images without consent.
• Enacted measures to introduce pre-trial hearings to ensure that victims are less likely to face stressful and unexpected delays to trial start dates.
Anti-Social Behaviour
I am determined to tackle anti-social behaviour and its causes so to assist people to be safe and feels safe. Significant actions which my Department has already been taken include:
• setting up an expert forum on anti-social behaviour.
• Increasing penalties for knife crime and strengthening the use of anti-social behaviour orders (ASBOSs).
• The introduction of Community Safety Partnerships around the country, to develop Community Safety Plans for every area.
• Continued extensive expansion of youth justice and youth diversion measures.
• New laws to criminalise the grooming of children into criminal behaviour.
• Ongoing work to introduce Facial Recognition Technology to help investigate and prosecute cases of serious crime.
• Providing the funding necessary to strengthen the equipment available to An Garda Síochána for public order policing, including the deployment of tasers and stronger incapacitant spray.
• Proposing solutions to public order and anti-social “wicked problems” through the Local Leadership Programme which brings together local stakeholders in a structured manner.
Immigration
In July 2023, I published the international protection modernisation programme for 2023 - 2024 which takes account of the change in circumstances post pandemic and in particular, the significant increase in international protection claims. This programme is implementing measures to improve efficiencies and throughput as well as improving the application, interview and decision-making process for applicants seeking international protection. Reforms to the international protection process will continue in 2024 with key achievements already delivered under the programme including:
• Approximately €34m additional funding was allocated in budget 2024 to the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) to continue to scale up processing.
• The International Protection Office now has 516 staff, an increase of 143% since 2022, and will make approximately 14,000 decisions this year, nearly triple that it made in 2022. This increase in processing capacity is aimed at ensuring that those in need of protection receive that status without undue delay, while those that do not qualify are advised of this in good time.
• Introduced a new accelerated decision process for applicants from recognised ‘safe countries of origin’ in November 2022. Since its introduction, most applicants from safe countries of origin have received a first instance decision in less than 3 months, which is a significant reduction from a norm of 17 to 24 months in previous years. All applications are examined fully and individually on their merits, including those from countries which are designated as safe countries of origin.
• Since the introduction of accelerated processing in November 2022, there has been a drop of up to 70% in applications from the designated safe countries. Two additional countries were added to the to the safe country list earlier this year (Algeria and Botswana) and a further five countries were added to this list in early July (Brazil, India, Egypt, Morocco and Malawi).
• Extended accelerated processing to whatever country, or countries, have the highest number of applicants. This is reviewed on a quarterly basis. The country with the highest number of applications last quarter was Nigeria, which has seen a 53% drop in application since the commencement of the Accelerated Process in April 2024. The country with the second highest number of applications last quarter was Jordan, which was added to this category of accelerated processing on 29 July.
• Both Houses of the Oireachtas approved the motion to opt in to the EU Pact on Asylum and Migration. I have started to prepare the General Scheme of new legislation to replace the International Protection Act 2015 and an implementation plan will be launched later this year.
I have introduced and am committed to enacting significant range of essential legislative reform. Since my appointment the following important reforms have been implemented:
• Enacted the Courts and Civil Law (Miscellaneous Provisions) Act 2023 to rebalance the duty of care and increase personal responsibility for trips and falls, in order to lower insurance premiums.
• Enacted the Criminal Justice (Perjury and Related Offences) Act to establish a statutory criminal offence for perjury as part of our plan to lower insurance premiums.
• Signed an order to bring into the new personal injuries guidelines under the Judicial Council Act.
• Enacted a law to remove reporting restrictions which prevented parents from speaking publicly about their deceased child in cases where the child was unlawfully killed.
• Enacted measures to introduce pre-trial hearing to ensure that victims are less likely to face stressful unexpected delays and adjournments to trial start dates.
• Enacted a new law on Garda operating model to provide more front-line Gardaí, increased visibility, and a wider range of policing services for people in their local area.
• Enacted new regulations to provide for legal aid to the families of the 48 victims and new legislation for a revised jury selection process for the Dublin Coroner, in relation to the inquests into the Stardust fire tragedy. The Stardust Fire Inquests concluded on 18 April at the Dublin District Coroner’s Court (sitting at the Pillar Room). The jury returned a majority verdict of “unlawful killing” for each of the 48 deaths.
• Last October, I launched a wide-ranging public consultation exercise to inform the development of proposals for comprehensive reform of the Coroner Service in Ireland, which closed in January. My officials are currently finalising analysis of the information gathered during the consultation process with a view to publishing a report on the main themes coming through from the Consultation in the coming weeks and putting forward proposals for the reform of the service thereafter.
• Enacted and commenced the Communications (Retention of Data) (Amendment) Act 2022 which will facilitate necessary access to certain communications data to protect national security and tackle serious crime.
• Enacted and commenced the Garda Síochána (Amendment) Act 2022, the legislation has clarified the legal basis of the court presenter system and avoided a potential backlog of cases in District Courts across the State.
• Amended the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) with the (Amendment) Regulations 2023, to provide for the participation in and attendance of authorised officers of the Competition and Consumer Protection Commission (CCPC) at Garda interviews.
• Enacted the Garda Síochána (Compensation) Act 2022 to replace the existing Garda compensation scheme with a new statutory scheme that will reduce the waiting times and costs associated with claims for malicious injury to Gardaí or their family members.
• Enacted the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 on the mutual recognition of custodial sentences, which provides for the transfer of sentenced persons between EU member states. The Act also amends and updates the existing legislation underpinning transfers for non-EU states, including the United Kingdom.
• Enacted the Smuggling of Persons Act on 15 December 2021 to prevent and combat the smuggling of persons and, for those purposes, to facilitate cooperation with other states.
• Enacted the Recording Devices Act to provide for body worn cameras to protect Garda members, Automatic Number Plate Recognition to detect crime and greater use of CCTV. Part of this Act has now been commenced including the parts dealing with body worn cameras and updates for CCTV in Garda Síochána premises.
• Published the General Scheme of the Recording Devices (Amendment) Bill which will provide for the retrospective searching of images which are legally in the possession of An Garda Síochána through biometric identification (which includes facial recognition technology).
• Signed orders under the Criminal Evidence Act 1992 to extend the coverage of provisions for evidence given by video link so that it is admissible nationwide and to ensure that video recorded evidence given by children is admissible in any court throughout the State.
• Enacted the Criminal Justice (Engagement of Children in Criminal Activity) Act 2024, which makes it an offence for an adult to involve a child in any type of crime.
• Enacted the Court Proceedings (Delays) Act on 1 May 2024, which provides for the establishment of an independent assessment process to assess claims for breach of the right to the conclusion of proceedings within a reasonable time and where appropriate, an award of compensation. Implementation is expected in 2025.
• Enacted and commenced the European Arrest Warrant (Amendment) Act which provides important updates to the crucial European Arrest Warrant system to ensure the continued efficient return of criminals to and from the State.
• Enacted the Policing, Security and Community Safety Act 2024 on 7 February 2024 which will, when commenced later this year, repeal and replace the Garda Síochána Act 2005. The four main objectives of the Act are to make community safety an all of government responsibility; to strengthen independent external oversight of An Garda Síochána; to strengthen internal governance of An Garda Síochána; and to improve the oversight of National Security.
• Published the General Scheme of the Criminal Justice (Protection, Preservation and Access to Data on Information Systems) Bill 2024, which will allow law enforcement authorities like An Garda Síochána to request the preservation and production of data being held on IT systems controlled by internet service providers in order to investigate and tackle crime.
• Published the General Scheme of the Proceeds of Crime (Amendment) Bill 2024 which will strengthen the State’s ability to target the proceeds of crime. This will be achieved through refinements to the proceeds of crime regime informed by legal and operational developments.
Other key initiatives include:
• I established the Judicial Planning Working Group in 2021 to consider the number and type of judges required to ensure the efficient administration of Justice over the next five years in the first instance, but also with a view to the medium to long term. The Report of the Judicial Planning Working Group was published in 2023 and recommended a substantial increase in judicial numbers, with 44 additional judges to be appointed in two phases. A first tranche of 24 additional judges, were appointed in 2023, with a further 20 planned following an assessment of impact of the first tranche of judges.
• A new Planning and Environment Division of the High Court has been established. This is in line with the commitment contained in the Programme for Government and the Housing for All strategy and its establishment has involved extensive engagement between my Department, the Courts Service and the Department of Housing, Local Government and Heritage as well as consultation across other Departments.
• Following the approval of additional judicial resources by Government arising from the recommendations of the Judicial Planning Working Group, the new High Court Division has now three judges assigned to planning matters and proceedings relate to the wide suite of national and European law that applies in respect of planning and the environment. Urgent cases such as proceedings which concern large-scale projects of strategic importance, or matters of significant environmental impact, are to be given priority.
• The Irish Citizenship and Nationality Regulations 2023 were signed into law to allow for applications for naturalisation to be made online for the first time in Ireland.
• The reckonable residence requirement for naturalisation for children born in the State was reduced from 5 years to 3 years under the Courts and Civil Law (Miscellaneous Provisions) Act 2023, thus allowing children born here to obtain citizenship more quickly.
• Ireland opted-into the Regulation establishing a European Union Asylum Agency, and Ireland became a fully-fledged member of the Agency in August 2023.
• The continued progression of the Gambling Regulation Bill through the Houses. The Bill is currently scheduled for Committee Stage in the Seanad and is expected to be enacted this year. The legislation provides for a robust regulatory and licensing regime to regulate gambling both in person and online, to streamline the licensing framework and to provide for the establishment of the Gambling Regulatory Authority of Ireland.
• The ongoing work of the Civil Legal Aid Review Group, which is reviewing the current operation of the Civil Legal Aid Scheme, including how flexible and responsive the Scheme is to the needs of those it is intended to serve. While the work of the Group is ongoing, it has completed a series of consultation processes to inform its detailed deliberations.
• 2023 has seen the first full year of implementation of the Family Justice Strategy. Notable achievements under the Strategy include the completion of the Policy Review on Parental Alienation and the development of a new family law information hub by the Courts Service.
• The report of a major review of the Defamation Act 2009, which was carried out by my Department, was published in March 2022. The Defamation (Amendment) Bill, which takes into account the findings of the review, was published in July.
1067. Deputy Éamon Ó Cuív asked the Minister for Justice the grounds under which an applicant for subsidiary protection can apply for family re-unification; the relationship of persons covered under family re-unification; whether she intends proposing changes to the current process; and if she will make a statement on the matter. [34039/24]
Amharc ar fhreagraFamily reunification as provided for in s56 of the International Protection Act 2015, allows people granted International Protection status to apply for certain family members to join them in the State. This includes those who are granted both refugee status and subsidiary protection status.
The processing time can vary depending on the nature of the application and the documentation supplied. My Department engages with applicants for any further information that may be required to assist with the processing of applications.
All processing procedures and times are kept under ongoing review by my Department and every effort is made to keep these to a minimum.
Information on how to apply for family reunification as provided for in the International Protection Act 2015 is available on my Department's website here: www.irishimmigration.ie/coming-to-join-family-in-ireland/family-reunification-of-international-protection-holders/
Non-EEA nationals legally resident in Ireland, and considering family reunification, and who do not meet the criteria as provided for in the International Protection Act 2015, should also be aware of my Department’s “Policy on Non-EEA Family Reunification in Ireland”, available here:
www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf
This policy document, which is currently under review, sets out the criteria and requirements for any person considering making an application to be joined by family members in the State.
There are no current plans to amend the criteria set out in s56 of the International Protection Act.
1068. Deputy Michael McGrath asked the Minister for Justice the current position in relation to a specific Immigrant Investor Programme application in County Cork (details supplied); and if she will make a statement on the matter. [34062/24]
Amharc ar fhreagra1183. Deputy Michael McGrath asked the Minister for Justice the current position in relation to an application under the immigrant investor programme (details supplied); the expected timeline for the adjudication of the application, the next steps and the associated timeline; and if she will make a statement on the matter. [35444/24]
Amharc ar fhreagraI propose to take Questions Nos. 1068 and 1183 together.
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/
There has been an unprecedented level of applications to the Programme in recent years and it is hoped in the coming months that we will be in a better position to understand the impact this will have on the likely timeframes within which final decisions on projects will be made. As the position becomes clearer, my Department will seek to communicate how we anticipate projects will progress and will make every effort to share that information in as timely a manner as possible.
I am advised that the IIP Unit are committed to exploring any new ways of working that could expedite the examination of project applications and reduce the overall timeframe for decisions.
1069. Deputy Niamh Smyth asked the Minister for Justice the number of Gardaí specifically allocated to the drugs unit in the Cavan Monaghan Garda division; where this unit is based at present; and if she will make a statement on the matter. [34105/24]
Amharc ar fhreagraAs the Deputy is aware from my previous answer to this question on 23 July 2024, tackling serious and organised crime is a key priority for me as Minister for Justice. I am committed to ensuring that An Garda Síochána has the resources it needs to ensure communities around Ireland are safe and feel safe.
The unprecedented allocation of over €2.35 billion for 2024 to An Garda Síochána demonstrates the Government's commitment to ensuring An Garda Síochána has provision for the equipment, technology, facilities, fleet and personnel it needs to carry out its vital policing work. This funding has enabled the Garda Commissioner to assign extra resources to the specialist units involved in tackling organised crime.
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, as well as for decisions on the deployment of personnel among the various Garda Divisions. As Minister, I have no role in these matters.
However, to be of assistance I sought the information requested by the Deputy from An Garda Síochána and have been advised that this information cannot be shared under security grounds.
I am informed that it is the experience of the Garda National Drugs & Organised Crime Bureau (GNDOCB), that such information is invaluable to local drug trafficking networks and can at times be taken into account when active in their respective criminal enterprises.
I am also informed by the Garda authorities that this information can facilitate the identification of all officers deployed full time on such duties, and in turn the work patterns of such officers.
I am however assured that Garda management keeps the distribution of resources under continual review, in the context of crime trends and policing priorities.
1070. Deputy Patrick Costello asked the Minister for Justice the numbers of fixed charge notices served for the offence of failure by a vehicle to obey traffic lights, for each of the past ten years, by Garda district, in tabular form; and if she will make a statement on the matter. [34140/24]
Amharc ar fhreagraAs the Deputy will be aware, by law, the Garda Commissioner is responsible for all operational policing matters, including roads policing. As Minister, I have no role in these matters.
I can advise the Deputy that the table appended to this answer gives the yearly breakdown, by Garda Division, of Fixed Charge Notices issued for the offences of "traffic lights – driving past". Please be advised that the 2024 figures cover the time period from 1 January to 27 August, inclusive.
Fixed Charge Notices issued for the offences of traffic lights
All data contained in this report is based upon operational data from the FCPS system, and is liable to change.
I can assure the Deputy that road safety is a priority for this Government, and it is with great sadness that we are witnessing a rising trend in collisions and fatalities. What makes things more concerning is that the trend is moving in the wrong direction following many years of progress in reducing fatalities on Irish roads.
Tackling this issue requires a whole of society response. The Government cannot work alone. We must get back to reducing accidents and fatalities again – so that road users and their loved ones can trust that when they take to the roads, they are as safe as possible.
The Road Traffic Act 2024 which was signed into law in April will address three key issues: the implementation of safer default speed limits, penalty point reform, and mandatory drug testing at the scene of serious collisions.
Other key actions have been taken in recent months to help reverse the trend, with all uniformed personnel in An Garda Síochána now required to perform 30 minutes of high-visibility roads policing per shift and significantly increased investment in public awareness campaigns by the RSA since mid-April.
The Deputy will be aware that lead responsibility for the national road safety strategy rests under my colleague the Minister for Transport. A number of high-impact actions have also been prioritised for delivery in the second half of 2024, including the rollout of three new average speed camera zones, publication of a national safety camera strategy, commencement of safer default speed limits on rural, local roads, and tackling the multiple learner permit issue.
1071. Deputy Claire Kerrane asked the Minister for Justice if, as part of the implementation of Coco’s Law, all Gardaí have been trained in the new law; the training that took place; and if she will make a statement on the matter. [34142/24]
Amharc ar fhreagra1072. Deputy Claire Kerrane asked the Minister for Justice the number of specialist Garda officers trained as part of Coco’s Law; where these Gardaí are based; and if she will make a statement on the matter. [34143/24]
Amharc ar fhreagraI propose to take Questions Nos. 1071 and 1072 together.
I am acutely aware of the impact any kind of harassment can have on a victim, and that harassment can take different forms and have different levels of severity. That is why enacting the Harassment, Harmful Communications and Related Offences Act 2020 – or ‘Coco’s Law’, named after Nicole ‘Coco’ Fox – was a priority for me.
Coco's Law not only introduced new offences but also broadened existing harassment offences and introduced stricter penalties for them.
The Act created new offences of sending, distributing, or publishing a threatening or grossly offensive message by any means of communication with intent to cause harm to the victim, which means the legislation now covers once-off communications as well as sustained harassment.
It has also criminalised the sharing of intimate images of another person without their consent, regardless of the motivation for doing so, and has introduced an offence of threatening to share such images.
As the Deputy will appreciate, training is an operational matter for the Commissioner of An Garda Síochána but I have been informed that Coco's Law is included in one of the courses studied for the BA in Applied Policing, which all trainee Gardaí undertake.
In addition to that course, participants on the Senior Investigation Officers Programme, Detective Sergeant Course and Detective Garda Programme also receive a Human Rights presentation where the introduction of ‘Coco’s Law’ and other victim-led legislation is discussed in a comparative manner to the impact of Criminal Appeal Court & ECHR rulings on AGS practices, policies and procedures.
An Garda Síochána have further advised that, since April 2021, the Garda College has worked extensively with the Garda National Protective Service Bureau to deliver important eLearning on domestic violence/coercive control prevention and investigative training. This training specifically included awareness of the use of digital and online platforms by suspected offenders to harass and coerce vulnerable people and is mandatory for all sworn members of An Garda Síochána, reserve Gardaí and other relevant sections including some unsworn Garda Staff. Additional training was also delivered on the use of a ‘Risk Evaluation Tool’ by Garda members when assessing the risks and vulnerabilities of victims to ensure they receive the service and supports they need. As of August 2024, more than 90pc of An Garda Síochána, amounting to 13,370 personnel of various ranks and grades, have completed this training.
The Garda College in consultation with Garda Commissioner and Policing Authority has also ensured that the Harassment, Harmful Communications and Related Offences Act, 2020 is integrated into the promotion examination syllabi for all Garda members intending to be promoted to the ranks Sergeants and Inspectors and Ms. Jackie Fox, mother of ‘Coco’, has also addressed several forums involving An Garda Síochána personnel on the importance of this issue and legislation.
I am further informed that the Garda National Cyber Crime Bureau provide extensive information, guidance and advice to all Garda personnel conducting investigations under ‘Coco’s law’, this includes best practice guidance on conducting searches involving technology and the seizure of digital and computer-based evidence.
As the Deputy will be aware, the national roll out of Divisional Protective Service Units (DPSUs) has been complete since September of 2020. This means specially trained officers are available nationwide to engage with and interview victims of certain crimes, including domestic, sexual and gender-based violence crimes. This specialisation ensures that when victims of domestic and sexual violence present to Gardaí – at perhaps their most vulnerable moment – they are met with professional and expert assistance and there are approximately 350 garda members assigned to DPSUs across the country.
The Deputy may be interested to know that An Garda Síochána has partnered with Hotline.ie to create an online reporting facility that enables victims of Intimate Image Abuse (IIA) to report this type of criminal activity to Gardaí, via the Hotline.ie website, while simultaneously making a IIA content removal request to Hotline.ie. It is important to say that any person who is a victim of this criminal activity can also make a report directly to their local Garda station where it will be fully investigated.
1073. Deputy Michael Creed asked the Minister for Justice further to Parliamentary Question No. 289 of 11 July 2024, when the issuance of confirmation of non-citizenship will be issued to a person (details supplied) given that the correspondence on the matter has been replied to. [34199/24]
Amharc ar fhreagraI can advise that the Citizenship Division of my Department has written to the person referred to by the Deputy.
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, atIMoireachtasmail@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 Question process.
1074. Deputy Pearse Doherty asked the Minister for Justice if she can provide an update on the new guidelines in relation to the requirements for Irish association applications for citizenship based on Irish descent or associations; and if she will make a statement on the matter. [34215/24]
Amharc ar fhreagraThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended.
Officials in my Department are in the process of finalising guidelines, which will provide clarity to both applicants and decision-makers on what factors may be considered when deciding whether to waive such naturalisation conditions under section 16(1)(a) of the Act. These new guidelines are being developed in the interests of fair and transparent procedures and comprehensive decision making.
Section 15 of the Act sets out the statutory conditions that must be fulfilled for a certificate of naturalisation to be granted. Section 16 of the Act gives discretion to waive the statutory conditions in certain circumstances, including where the applicant is of Irish descent or Irish associations (related through blood, affinity or adoption to a person who is or is entitled to be an Irish citizen).
Any application under Section 16 that relies on Irish associations and affinity should be supported by substantive documentation that renders the application exceptional and one where the normal pathways to citizenship provided for under the legislation are not appropriate.
1075. Deputy Pa Daly asked the Minister for Justice the status of the removal of guardianship rights over surviving children in cases of familicide and violent family death, as outlined in chapter 7 subsection 3.18.4 of the 2023 report on the issue. [34225/24]
Amharc ar fhreagra1077. Deputy Neasa Hourigan asked the Minister for Justice her plans to bring forward legislation that would ensure that a parent convicted of the murder or manslaughter of the other parent does not retain guardianship of the surviving child or children; and if she will make a statement on the matter. [34247/24]
Amharc ar fhreagra1082. Deputy Matt Carthy asked the Minister for Justice if she will bring forward proposals for law reform to ensure that automatic guardianship rights are not provided to convicted killers, as per the call from a family (details supplied); if she will consider legislation such as that known as Jade's Law in the UK to address this issue; and if she will make a statement on the matter. [34310/24]
Amharc ar fhreagra1087. Deputy Paul Murphy asked the Minister for Justice if she plans to legislate to remove child guardianship rights from those convicted of murdering the other parent as recommended in the Study on Familicide and Violent Family Death Review (details supplied). [34352/24]
Amharc ar fhreagra1110. Deputy Michael Lowry asked the Minister for Justice if she will consider introducing legislation to amend the Child and Family Relationships Act 2015, or other relevant legislation, to ensure that a parent who is convicted of the murder or manslaughter of the other parent does not retain guardianship of the surviving child or children, in light of a recent case (details supplied); and if she will make a statement on the matter. [34584/24]
Amharc ar fhreagra1124. Deputy Catherine Connolly asked the Minister for Justice the status of the implementation of recommendation seven 7.6 of the Study on Familicide and Domestic and Family Violence Death Reviews, which calls for the amending of current legislation to ensure that a parent convicted of murder or manslaughter of the other parent does not retain guardianship of the surviving child or children; the timeline for the implementation of this recommendation; and if she will make a statement on the matter. [34874/24]
Amharc ar fhreagra1194. Deputy Michael Healy-Rae asked the Minister for Justice if the Government will examine making changes to legislation (details supplied); and if she will make a statement on the matter. [35536/24]
Amharc ar fhreagraI propose to take Questions Nos. 1075, 1077, 1082, 1087, 1110, 1124 and 1194 together.
The ‘Study on Familicide and Domestic and Family Violence Death Reviews’ was commissioned by my Department and involved an independent study lead who consulted with a wide range of stakeholders, including family members of victims, non-governmental organisations, and State agencies.
The review was brought to Government and published in May 2023.
A significant number of the recommendations made in the review are already being progressed as part of our work to tackle domestic abuse and protect victims.
A team has been established in my Department to review the other recommendations made in the review. These include a recommendation on restricting parental rights in cases of domestic homicide. In the case of this recommendation, the issues to be considered include the role and power of Tusla to take appropriate child protection action in emergency situations, the importance of putting the rights and voice of the child at the centre of our responses, and ensuring that nothing is done that could prejudice a trial.
In reviewing all these recommendations, the team are in consultation with stakeholder groups that have been established to support this work, involving relevant officials, civil society partners and most importantly the families of victims that contributed to the review. These consultations will inform how the recommendations are taken forward.
Meetings with the stakeholders have taken place in June/early July and in August of this year, and I understand that officials in my Department are currently drafting a paper specifically related to guardianship rights if a parent is in custody, accused of, or serving a sentence for, the murder or manslaughter of the other parent.
1076. Deputy Patrick Costello asked the Minister for Justice the reason part 56, 4 (a) of the Road Traffic Act 1961 is still enforced, given that proof of insurance is visible through the Garda mobility app. [34226/24]
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.
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. Budget 2024 provided an unprecedented budget of €2.35 billion for the Garda Vote, a total increase of 25% since 2020. The unprecedented level of investment into An Garda Síochána has enabled the roll out of the highest number of mobility devices ever, allowing all Gardaí to conduct certain policing tasks on the move.
Every frontline Garda member now has a mobility device, which is essentially a mobile phone that allows them to access a number of specialised Garda apps at the roadside thereby making much more efficient use of their time. These include the ability to issue a Fixed Charge Notice, to check a vehicle's insurance status and if a vehicle is taxed. These tasks can now be done within moments, without the need to return to the station. The Commissioner also stated he aims to have an additional 100 static road safety cameras in place by the end of next year.
Road traffic legislation is enforced as part of the day-to-day duties of members of An Garda Síochána, as well as through a programme of high-visibility road safety and enforcement operations carried out in partnership with other state agencies, in order to make our roads safer for all.
I am advised by the Garda Authorities that section 56(4)(a) of the Road Traffic Act 1961 may still be utilised as an additional investigative aid by Gardai. The section provides them with the capability to demand insurance details when for example they are investigating incidents such as Hit and Run collisions where Garda investigations may later reveal the identity of a suspect vehicle and driver/owner or when a vehicle is observed at a distance contravening the Road Traffic Act and the Garda is not in a position to stop the vehicle at the particular time.
1078. Deputy Michael McGrath asked the Minister for Justice the position in relation to funding for prison officers’ medical aid; if it is necessary for an organisation (details supplied) to apply for funding each year; if she is planning any steps to ensure that prison officers are treated equitably with members of other uniformed services on the issue; and if she will make a statement on the matter. [34275/24]
Amharc ar fhreagraI have been advised that senior officials in the Irish Prison Service have met with the organisation referred to by the Deputy on a number of occasions over the last twelve months. The meetings were to facilitate discussions regarding issues experienced by the organisation with their funding model and the significant challenges they are facing due to the exponential increase in medical costs.
I understand the services provided are similar in nature to those provided to comparable organisations, such as, An Garda Síochána through the St Paul’s Medical Scheme.
An annual contribution by way of financial support was made available to the organisation in 2024 and consideration is being given to the level of financial support for 2025, subject to the availability of resources. It is envisaged that a contribution will be made annually for the foreseeable future.
1079. Deputy Paul Murphy asked the Minister for Justice further to Parliamentary Question No. 1522 of 23 July 2024, whilst she refers the matter to the IPO, she does indeed have jurisdiction over whether certain nationalities may have their applications processed faster, as it was announced that nationals from Jordan would have their applications processed quickly (details supplied); the reason this is not being done for Palestinian nationals who have fled genocide; and if she will make a statement on the matter. [34282/24]
Amharc ar fhreagraI would like to assure the Deputy that it is a priority to ensure that international protection applications are processed efficiently and effectively, while ensuring the integrity of those processes is maintained at all times. As such, my Department has taken a significant number of measures to increase the capacity of the international protection system, including deploying very substantial additional resources. On foot of this, first instances determinations have increased from 2,482 in 2021 to 9,000 in 2023 and with the intention being to deliver over 14,000 decisions this year.
In addition, and accordance with sections 73 and 73A of the International Protection Act 2015, as amended, I have decided to prioritise and accelerate international protection cases where the applicant is from those countries where there has been a large number of applications. The decision to accelerate and prioritise particular cases, or groups of cases, in accordance with the provisions of the 2015 Act, will be kept under constant review.
1080. Deputy Matt Shanahan asked the Minister for Justice the steps, if any, her Department has taken to prepare for any potential riots/civil unrest that could potentially occur in the future; and if she will make a statement on the matter. [34294/24]
Amharc ar fhreagraAs the Deputy will appreciate, the operational response to any riot or civil unrest is a matter for the Garda Commissioner. I am informed by the Garda authorities that, following any emergency 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.
Acting on learnings after any incidents of public disorder occur is a priority for An Garda Siochana and the Commissioner has already actioned a number of follow up actions, primarily providing additional and enhanced equipment to Garda members.
The Garda budget is over €2.35 billion this year, the highest ever, which is supporting An Garda Síochána in relation to the equipment, technology, facilities, fleet and personnel it needs to carry out its vital work.
Enhanced equipment has been provided to the Garda Public Order Unit, and increased strength incapacitant spray was issued to members in February 2024. In addition, I understand that 600 round shields have been procured and provided to public order units. Three new public order vans have been commissioned and work is ongoing on a business case to procure water cannons. Garda management are also considering any further actions deemed necessary on foot of the debrief.
As the Deputy will be aware, on 29 November last year, I requested the Policing Authority to examine the public order capability and advise me as to what else might enhance policing performance and support the Gardaí in the exercise of their lawful powers in situations such as arose in Dublin on 23 November. Officials within my department are now considering the report, as is the Garda Commissioner.
Social media has played a large part in the ability of individuals to seize on events and to agitate. The manifestation of on-line disinformation and incitement as violent action in the physical world is of particular concern to An Garda Síochána and part of the policing response to incidents of public disorder is to investigate the role of relevant online activity.
Another important development is the introduction of the Garda Síochána (Recording Devices) Act 2023 providing for the deployment of body-worn cameras by Garda members. A pilot deployment proof of concept commenced in Dublin city centre in May of this year and is now also running in Limerick and Waterford. We are already seeing the value of body-worn cameras as a tool used to police public order incidents. I understand that Gardaí from Store St. station who were equipped with body cameras were sent to assist during disturbances in Coolock early July. The Commissioner has acknowledged the value of body-worn cameras in providing protection to Gardai and assisting in investigations in such scenarios.
The Government has also recently published the general scheme of a new bill to provide for the use of facial recognition in detecting serious crime, including riot and violent disorder in a number of limited and defined circumstances.
1081. Deputy Pa Daly asked the Minister for Justice for a breakdown of the grades and numbers of extra staff assigned to the IPO and IPAT over the years 2020 to 2023 and to date in 2024; and the total strength of staff for those years in those offices, in tabular form. [34299/24]
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.
