Peadar Tóibín
Ceist:107. Deputy Peadar Tóibín asked the Minister for Social Protection whether a gender impact assessment was undertaken of the auto-enrolment savings scheme; if so, to provide the findings of the study. [6657/26]
Amharc ar fhreagraWritten Answers Nos. 107-126
107. Deputy Peadar Tóibín asked the Minister for Social Protection whether a gender impact assessment was undertaken of the auto-enrolment savings scheme; if so, to provide the findings of the study. [6657/26]
Amharc ar fhreagraThe Programme for Government contains a commitment to introduce the Automatic Enrolment (AE) Retirement Savings System. The aim of introducing AE is to address the pension coverage gap that exists in Ireland and to provide workers with access to a quality assured retirement savings scheme, thereby giving greater comfort and security regarding their retirement income.
The new system - known as My Future Fund - commenced on the 1 January 2026. Over 763,000 employees that weren't actively contributing to a qualifying pension or PRSA through payroll were eligible and were automatically enrolled in My Future Fund. The scheme will be managed by a new statutory body, the National Automatic Enrolment Retirement Savings Authority (NAERSA), which will operate under the aegis of my Department.
A gender impact assessment was undertaken and can be made available to the Deputy. The design of My Future Fund ensures that there will be equality of access to supplementary retirement savings, in particular for those with low to average earnings where pension coverage has traditionally been low. This is particularly relevant to women who have different experiences of employment in terms of employment rates, the prevalence of part-time work and lower earnings. Implementation of My Future Fund will result in hundreds of thousands of women being enrolled in a retirement savings scheme for the first time. It will, therefore, represent a significant step in addressing existing pension coverage gaps in Ireland.
I hope this clarifies matters for the Deputy.
108. Deputy Peadar Tóibín asked the Minister for Social Protection if his Department is in charge of the actual pension funds and investments regarding the auto-enrolment savings scheme. [6658/26]
Amharc ar fhreagra109. Deputy Peadar Tóibín asked the Minister for Social Protection if there will be an Ethics Committee within the auto-enrolment savings scheme to ensure that there are no investments made by the National Automatic Enrolment Retirement Savings Authority, the investment management providers or any third party investment fund providers that go against the core values of Ireland (details supplied). [6659/26]
Amharc ar fhreagra110. Deputy Peadar Tóibín asked the Minister for Social Protection if he will consider the Bruegel paper conclusion warning against using State pensions and saving funds as surety to further political and economics projects, to confirm that the first duty of the National Automatic Enrolment Retirement Savings Authority and the pensions funds is to protect and grow peoples savings. [6662/26]
Amharc ar fhreagraI propose to take Questions Nos. 108, 109 and 110 together.
The Programme for Government contains a commitment to introduce the Automatic Enrolment (AE) Retirement Savings System. The aim of introducing AE is to address the pension coverage gap that exists in Ireland and to provide workers with access to a quality assured retirement savings scheme, thereby giving greater comfort and security regarding their retirement income.
The new system - known as My Future Fund - commenced on the 1 January 2026. Over 763,000 employees that weren't actively contributing to a qualifying pension or PRSA through payroll were eligible and were automatically enrolled in My Future Fund. The scheme is managed by a new statutory body, the National Automatic Enrolment Retirement Savings Authority (NAERSA), which operates under the aegis of my Department.
My Future Fund operates on a tripartite basis with employees and employers contributing and the State topping up the employee's contribution. The contributions are then invested with the objective of growing the funds. Each participant has their own account of which they are the beneficial owner. Therefore, the funds in My Future Fund are the personal property of each participant and not the State's.
The investment approach and rules for My Future Fund are provided for in Part 4 of the Automatic Enrolment Retirement Savings System Act 2024. In line with the legislation, all investments must be made in accordance with the prudent person rule, and in the best long term interests of the participants in the scheme. The legislation also provides for ESG (Environmental, Social and Governance) requirements to be factored into the investment strategies. The legislation requires NAERSA to establish an investment committee, which will provide oversight of investment management of the funds and ensure that the ESG legal requirements are met.
Finally, the aim of My Future Fund is to provide a good investment return to participants so that they have an adequate income when they retire. While the NAERSA will take into account a range of concerns around investment practices, its primary function is to facilitate the transfer of contributions to investment managers on behalf of participants. This money is not and will not be seen as an opportunity for the State to benefit in ways other than to help solve the problem of pension coverage and pension adequacy. In that context, NAERSA and investment managers will have a duty to, first and foremost, get a good financial return for participants.
113. Deputy Mark Wall asked the Minister for Social Protection if he will address important matters raised in correspondence from a person in County Kildare (details supplied); and if he will make a statement on the matter. [6749/26]
Amharc ar fhreagraPaternity Benefit is paid for two weeks to persons on Paternity Leave within 26 weeks of the birth or adoption of their child. When making an application for Paternity Benefit, whether online or by post, the child’s Personal Public Service Number (PPSN) is not required, and it is not requested as part of the application process. Decisions on Paternity Benefit can, and often are, made prior to the birth of the child.
Parent’s Benefit is paid for nine weeks which can be taken in blocks of minimum one week from the date of birth of the child to their second birthday, or for the two years following the date of placement in case of adoption. Applications for Parent’s Benefit require the child’s PPSN to validate both the birth of the child and the potential period of entitlement. The PPSN ensures that the leave and payment are correctly associated with the relevant child.
A PPSN is automatically allocated to a child born in the State once the birth is registered with the General Register Office (GRO) within 3 months of the birth.
If a customer takes Parent’s Leave before receiving the child’s PPSN, they must apply for Parents Benefit within 6 months of taking their Parents Leave, and in all cases before the child’s second birthday.
Customers can contact the Paternity Benefit and Parent’s Benefit sections in my Department if they have queries about their claim. Contact details are available on the Government's website.
I trust this clarifies the position for the Deputy.
114. Deputy Ivana Bacik asked the Minister for Social Protection his plans to implement the Joint Committee on Social Protection, Community and Rural Development and the Islands 2024 recommendations regarding carers; in particular, his plans to ensure that each care-related credited contribution awarded while in receipt of carer’s benefit or carer’s allowance should have the same value and currency as a paid contribution and be considered as a qualifying contribution for the State pension (contributory) scheme; and, if not, the reason for not implementing the recommendation. [6752/26]
Amharc ar fhreagraThe State Pension (Contributory) (SPC) is funded from the Social Insurance Fund through the contributions paid by workers. The rate of payment reflects the number of social insurance contributions paid over a working life. Eligibility for SPC is based on a number of criteria:
• Being aged 66 or over,
• Having entered the Social Insurance system 10 years before drawdown of SPC, and
• Having a minimum of 520 paid social insurance contributions (i.e., 10 years reckonable PRSI contributions).
This Government acknowledges the important role that family carers play and is fully committed to supporting them in that role. Once a person has met the minimum requirement of 520 paid contributions, the State Pension system gives significant recognition to those whose work history includes extended periods outside of paid employment, often to raise families or in a full-time caring role including:
• PRSI credits (which include Credits for Carers Benefit and Carers Allowance).
• Homemaking Disregards and HomeCaring Periods to recognise caring periods of up to 20 years outside of paid employment in the calculation of a payment rate.
Despite these measures, some long-term carers of incapacitated dependants faced barriers in accessing the SPC. They may, for example, have difficulty establishing the minimum number of 10 years paid contributions.
As part of its work, the Pension Commission, which was established in November 2020, examined how people who have provided long-term care for incapacitated dependants, the majority of whom are women, could be accommodated within the State Pension system in recognition of the enormous value of the work carried out by them.
The Commission engaged in a public consultation process and had the benefit of presentations from Family Carer’s Ireland and the National Women’s Council in forming its recommendations on the proposals and the period of care. The Commission recommended that long-term carers should be given access to SPC and defined long-term caring as caring for more than 20 years. Setting the criteria of more than 20 years is in recognition of the existing access to SPC for carers who may have up to 20 years of caring periods.
Since January 2024, long-term carer's contributions can be awarded to a person who has cared for an incapacitated person for a period of 20 years or more. These contributions are treated the same as paid contributions for SPC entitlement only and can be used to fill any gaps in a person's contribution record, including satisfying the minimum 520 contributions required for eligibility.
There are no limits on the amount of long-term carer's contributions that a person may avail of, allowing those who have cared for most of their adult life to qualify for the pension at the maximum rate of pay if they have a combined 40 years worth of paid contributions and/or long-term carer's contributions.
At end December 2025, there have been 13,900 applications since the introduction of the scheme. Of these 3,096 customers have been awarded over 20 years of Long-Term Carers Contributions.
Where a person reaches State Pension age and does not satisfy the conditions to qualify for SPC or qualifies for less than the maximum rate, they may instead qualify for one of the following:
• The State Pension (Non-Contributory) which is a means-tested payment (based on their share of household means) with a maximum payment of above 96% of the SPC; or
• An increase for a qualified adult (IQA) (based on their own means), amounting up to 90% of a full rate SPC where their spouse has a contributory pension; or
• Where their spouse/civil partner or qualified cohabitant is deceased, a Bereaved Partner’s Contributory Pension, which they may claim either based on their deceased partner’s or their own social insurance record. The qualifying conditions for this require fewer contributions paid (260) than the SPC and the current maximum personal rate for those aged 66 or over is €299.30, i.e., the same as the maximum rate of the SPC, with allowances (notably the Living Alone Allowance) payable where applicable.
This combination of all of the above measures ensures that no person with a viable income need falls outside these schemes.
Any future changes to State Pension system, including changes to contributions or the recognition of contributions outside of the existing criteria, would have to be considered in an overall policy and budgetary context and also in the context of the sustainability of the Social Insurance Fund.
I trust this clarifies the matter for the Deputy.
115. Deputy Ivana Bacik asked the Minister for Social Protection whether a person who has had to leave the paid workforce with fewer than 520 paid contributions to become a carer would be refused the State pension (contributory) despite having up to 19 years and 51 weeks’ worth of care-related credited contributions awarded in return for providing a minimum of 35 hours a week of care work. [6753/26]
Amharc ar fhreagraThe State Pension (Contributory) (SPC) is funded from the Social Insurance Fund through the contributions paid by workers. The rate of payment reflects the number of social insurance contributions paid over a working life. Eligibility for the SPC is based on a number of criteria:
• Being aged 66 or over.
• Having entered the Social Insurance system 10 years before you intend to drawdown your SPC.
• Having a minimum of 520 paid social insurance contributions (i.e., 10 years reckonable PRSI contributions).
The previous Government established the Pension Commission in November 2020 to review the State Pension system, examine the sustainability of the State Pension and the Social Insurance Fund and make recommendations for its future. The Commission was an independent body comprised of knowledgeable and experienced academics, pension experts, members of civil society and representatives of workers and employers.
This Government acknowledges the important role that family carers play and is fully committed to supporting them in that role. Accordingly, carers are not excluded from access to the SPC. Once a person has met the minimum requirement of 520 paid contributions, the State Pension system gives significant recognition to those whose work history includes extended periods outside of paid employment, often to raise families or in a full-time caring role including:
• PRSI credits (which include Credits for Carers Benefit and Carers Allowance).
• Homemaking Disregards and HomeCaring Periods to recognise caring periods of up to 20 years outside of paid employment in the calculation of a payment rate.
Despite these measures, some long-term carers of incapacitated dependants faced barriers in accessing the SPC.
The Pensions Commission was also asked to consider how people who have provided long-term care for incapacitated dependants can be accommodated within the State Pension system. The Commission engaged in a public consultation process and had the benefit of presentations from Family Carer’s Ireland and the National Women’s Council in forming its recommendations on the proposals and the period of care. The Commission recommended that long-term carers should be given access to the SPC and defined long-term caring as caring for more than 20 years. Setting the criteria of more than 20 years is in recognition of the existing access to SPC for carers who may have up to 20 years of caring periods.
Since January 2024, long-term carer's contributions can be awarded to a person who has cared for an incapacitated person for a period of 20 years or more. These contributions will be treated the same as paid contributions for SPC entitlement only and can be used to fill any gaps in a person's contribution record, including satisfying the minimum 520 contributions required for eligibility.
Where a person has less than 20 years caring (ie 19 years and 51 weeks or less), they may be entitled to avail of up to 20 years HomeCaring periods or the Homemakers scheme or rely on PRSI credits subject to existing qualification conditions of having 520 paid contributions. All caring periods that are registered with my Department will be recorded on a person's contribution record.
As the actuarial value of the SPC is currently estimated at approximately just under €400,000, it is reasonable to require people claiming a contributory pension to have made at least 520 paid contributions over the term of their working life to qualify for a payment. The Pension Commission strongly supported the retention of the qualifying criterion of 520 paid contributions.
Where a person reaches State Pension age and does not satisfy the conditions to qualify for the SPC or qualifies for less than the maximum rate, they may instead qualify for one of the following:
• The State Pension (Non-Contributory) which is a means-tested payment (based on their share of household means) with a maximum payment of just over 96% of the SPC; or
• An increase for a qualified adult (based on their own means), amounting up to 90% of a full rate SPC where their spouse has a contributory pension; or
• Where their spouse/civil partner or qualified cohabitant is deceased, a Bereaved Partner’s Contributory Pension, which they may claim either based on their deceased partner’s or their own social insurance record. The qualifying conditions for this require fewer contributions paid (260) than the SPC and the current maximum personal rate for those aged 66 or over is €299.30, i.e., the same as the maximum rate of the SPC, with allowances (notably the Living Alone Allowance) payable where applicable.
I trust this clarifies the matter for the Deputy.
116. Deputy Ivana Bacik asked the Minister for Social Protection his Department’s current and historical communication to carers and potential carers that they relinquished their entitlement to the State pension (contributory) by providing care; whether persons were informed that their care-related credited contributions are not considered qualifying contributions for SPC eligibility; and if he is satisfied that information on Government and Government-sponsored websites, such as that of the Citizens Information Service, is correct and unambiguous in this regard. [6754/26]
Amharc ar fhreagraMy Department acknowledges the important contribution that carers provide and is fully committed to supporting them in that role. There are a number of payments and pensions paid by my Department to people over state pension age. One of these is the State Pension Contributory (SPC).
The Homemakers Scheme was introduced in April 1994 for use in the yearly average calculation of SPC. This allows an applicant to apply under the Homemaker's Scheme for those years out of the workforce since April 1994 spent caring for children under age 12 or other dependent relatives to be disregarded in the yearly average calculation.
With the introduction in 2018 of the Total Contributions Approach to calculating SPC, Home Caring Periods were introduced. Up to 20 years of Home Caring Periods can be considered and this includes periods prior to 1994. Both the Homemakers disregard (for use in the yearly average method) and Home Caring periods (for use in the total contributions method ) may only be used to enhance or increase the rate of entitlement where claimants meet the other qualifying conditions, including the number of full-rate contributions.
In September 2022, a series of landmark reforms to the state pension system were announced in response to recommendations from the Pensions Commission. One of the key measures under these reforms, which came into operation from the 1st January 2024, was the introduction of a flexible pension system. This allows those reaching state pension age to defer access to their SPC to any age up to the age of 70 and receive an actuarially adjusted higher rate of payment. This change allows those with less than the required 520 contributions to build up additional contributions to establish entitlement.
Also from January 2024, provisions for people who have been caring for incapacitated dependents for over 20 years (1040 weeks) were introduced. Those who have been caring for incapacitated people for over 20 years can apply for the Long-Term Carers Contributions (LTCC) scheme. If the criteria are met, the equivalent of paid contributions may be awarded giving an entitlement to SPC or to a higher rate of payment where the claimant has other reckonable contributions.
As such, those who leave insurable employment to provide long term care can avail of these schemes to qualify for SPC. For those who were caring for less than 20 years, there is a reasonable expectation that they will have paid a minimum number of social insurance contributions over the rest of their working lives in order to qualify for SPC.
Where a person reaches State Pension age and does not satisfy the conditions to qualify for SPC or qualifies for less than the maximum rate, they may instead qualify for one of the following:
• The means-tested State Pension Non-contributory which is a means-tested payment (based on their share of household means) with a maximum payment of 95% of the SPC; or
• An increase for a qualified adult (based on their own means), amounting up to 90% of a full rate SPC pension where their spouse is receiving a contributory pension;
I am satisfied that the relevant information is available on both the Government and Citizens Information websites. The information is regularly reviewed and updated, as necessary.
I trust this clarifies the position for the Deputy.
117. Deputy Niamh Smyth asked the Minister for Social Protection if appeal payments can be accelerated (details supplied); and if he will make a statement on the matter. [6783/26]
Amharc ar fhreagraI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to allow the review under Section 317 of the Social Welfare Consolidation Act by way of a summary decision.
The person concerned will be notified of the Appeals Officer’s decision in the coming days.
118. Deputy Emer Currie asked the Minister for Justice, Home Affairs and Migration further to correspondence (details supplied) confirming that Gardaí now have full access to the NVDF on their mobility device to driver records including full licence and learner permit details, details of disqualifications and penalty points, if they will also be given details of whether a licence or permit was surrendered on disqualification. [6641/26]
Amharc ar fhreagraI have been advised by the Garda authorities that all members of An Garda Síochána, through their mobility devices, have access to National Vehicle and Driver File data including full licence/learner permit details, particulars of disqualifications and current penalty points.
An Garda Síochána has confirmed that this data also indicates whether a licence or permit has been surrendered upon disqualification.
119. Deputy Emer Currie asked the Minister for Justice, Home Affairs and Migration the learnings from the Garda mobility pilot project in the Kildare/Carlow division that allowed Gardaí full access to the NVDF on their mobility device from 9 December 2025; if the information that Gardai now have access to is in real time; and if the data they access on their mobility device on each driver's penalty point history will be complete and up-to-date. [6642/26]
Amharc ar fhreagraI have requested the information sought by the Deputy from the Garda authorities. Regrettably, this was not available in time and I will write to the Deputy once the information is to hand.
120. Deputy Martin Daly asked the Minister for Justice, Home Affairs and Migration the way the current court fees regime (S.I. No. 492 of 2014) aligns with the State’s obligation to ensure effective access to the courts for the protection and vindication of constitutional rights; if he will introduce an explicit exemption from High Court stamp fees for proceedings brought primarily to vindicate fundamental rights; and the timeframe in which he plans to bring forward any amending statutory instrument. [6696/26]
Amharc ar fhreagra121. Deputy Michael Cahill asked the Minister for Justice, Home Affairs and Migration to urgently address matters raised in correspondence (details supplied); and if he will make a statement on the matter. [6725/26]
Amharc ar fhreagraI propose to take Questions Nos. 120 and 121 together.
Matters in regard to court fees are set by Statutory Instrument made by the Minister for Justice, Home Affairs and Migration, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.
The court fee structures currently in place are designed to be proportionate and balanced to ensure continued access to justice, while supporting appropriate contribution to the efficient running of the court system overall.
The current fees system reflects the need to ensure the interests of applicants, as well as considering the public interest in the smooth operation of the court system. This balance of interests, as well as applicable administrative considerations, is evident in the extensive range of existing exemptions from court fees already in place, in regard to specific categories of proceedings and by some State bodies.
Matters arising in relation to court fees are kept under consideration by my Department, as appropriate. I can confirm that S.I. No. 492/2014 (Supreme Court, Court of Appeal and High Court (Fees) Order 2014) is currently under review with a view to revising a number of its provisions to resolve an issue which has arisen as a result of a recent High Court judgement regarding the exemption for habeas corpus actions and to provide for an exemption for Qualified Entities under the Representative Actions for the Protection of the Collective Interests of Consumers Act 2023.
It should also be noted that in accordance with, and subject to, Part 11 of the Legal Services Regulation Act 2015, parties who are entirely successful in civil proceedings are entitled to their costs.
122. Deputy Ciarán Ahern asked the Minister for Justice, Home Affairs and Migration if he will consider exercising his discretionary powers to grant leave to remain to an asylum applicant (details supplied) on humanitarian grounds; and if he will make a statement on the matter. [6748/26]
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: https://www.ipo.gov.ie/en/ipo/pages/contactus.
Contact information for The International Protection Appeals Tribunal can be found at: www.protectionappeals.ie/contact-us/.
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.
123. Deputy Eoin Ó Broin asked the Minister for Justice, Home Affairs and Migration regarding letters issued to people residing in direct provision centres giving them dates by which they have to leave or be moved to another centre, the current criteria for issuing such letters; the number of such letters issued to date; the number of people who have been moved on foot of these letters; and a breakdown of these moves, including information on from where; and the location to which they have been moved; in tabular form.; and if he will make a statement on the matter. [6761/26]
Amharc ar fhreagraIt has not been possible to gather the information requested within the relevant timeframe. I will contact the Deputy directly as soon as details are available.
124. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the number of stamp 2 student visas issued in each of the past ten years; and if he will make a statement on the matter. [6824/26]
Amharc ar fhreagraThe Programme for Government contains a commitment to publish a National Migration and Integration Strategy detailing how the Government intends to meet the demands and opportunities facing Ireland’s society and economy over the next decade. My Department is currently working with other colleagues in Government Departments to develop this strategy with the aim to publish it later this year.
As part of this strategic approach, I am reviewing the area of student permissions, including with regard to English Language students. This work is aimed at ensuring that the system remains robust and rules-based, supports high-quality education providers, and continues to offer a positive experience for genuine students coming to Ireland.
International students from outside the EU/EEA are granted a residence permission on Stamp 2 conditions where they have enrolled on, and commenced a course listed on the Interim List of Eligible Programmes (ILEP), or eligible programmes offered by providers with authorisation to use the new TrustEd Education mark awarded by the Quality and Qualifications Ireland (QQI).
Individuals wishing to study in Ireland and who are from countries that require visas to travel to this jurisdiction must apply for a student visa in the first instance. Not all international students will require a visa to travel to Ireland and for that reason the number of Stamp 2 permissions registered will be larger than the number of Student Visas issued.
The table below lists the number of Student Visas issued in those years:
|
Year* |
Student Visas Issued** |
|
2018 |
14,433 |
|
2019 |
16,804 |
|
2020 |
7,525 |
|
2021 |
11,479 |
|
2022 |
17,120 |
|
2023 |
17,988 |
|
2024 |
21,281 |
|
2025 |
18,021 |
*Figures in relation to 2016 and 2017 are not readily available from current systems.
Please note, figures are correct at time of issue, however, all statistics may be subject to data cleansing and that on registration with the immigration authorities, a student visa could either be given a Stamp 2 or a Stamp 2A depending on the type of education course undertaken.
125. Deputy Barry Ward asked the Minister for Justice, Home Affairs and Migration if he intends to publish the guidelines issued to members of An Garda Síochána in relation to the operation and use of tasers; and if he will make a statement on the matter. [6902/26]
Amharc ar fhreagra126. Deputy Barry Ward asked the Minister for Justice, Home Affairs and Migration if he intends to publish the guidelines issued to members of An Garda Síochána in relation to the use of force; and if he will make a statement on the matter. [6903/26]
Amharc ar fhreagra127. Deputy Barry Ward asked the Minister for Justice, Home Affairs and Migration the number of occasions in both 2024 and 2025 when the ASP baton was deployed by members of An Garda Síochána; and if he will make a statement on the matter. [6904/26]
Amharc ar fhreagra128. Deputy Barry Ward asked the Minister for Justice, Home Affairs and Migration if he publish the guideline given to members of An Garda Síochána in relation to the operation and use of pepper spray; and if he will make a statement on the matter. [6905/26]
Amharc ar fhreagra129. Deputy Barry Ward asked the Minister for Justice, Home Affairs and Migration if he will publish the guideline given to members of An Garda Síochána in relation to the operation and use of the ASP baton; and if he will make a statement on the matter. [6906/26]
Amharc ar fhreagra130. Deputy Barry Ward asked the Minister for Justice, Home Affairs and Migration the number of occasions in both 2024 and 2025 when pepper spray was deployed by members of An Garda Síochána; and if he will make a statement on the matter. [6907/26]
Amharc ar fhreagraI propose to take Questions Nos. 125 to 130, inclusive, together.
An Garda Síochána's human rights based approach to policing provides general guidance to Gardaí on how human rights are to be observed in the course of their work. Their response to any incident involves a graduated policing response considering relevant legislation and public safety, with enforcement as a last resort.
In carrying out their duties, our Gardaí, as far as practicable, consider non-physical means before resorting to the use of force in the resolution of incidents that they respond to. We must rely on Garda operational management and frontline Gardaí to use their discretion and judgment.
The Garda Commissioner is responsible by law for the management and administration of An Garda Síochána, including the policies and guidelines in place within An Garda Síochána and publication of same. As Minister, I have no role in these independent functions.
I am assured by the Commissioner that Gardaí are trained in the lawful use of incapacitant spray and ASP Batons.
A detailed policy document in relation to the use of incapacitant spray has been developed by An Garda Síochána and is publicly available on their website. This can be found at the following link: www.garda.ie/en/about-us/publications/policy-documents/.
The Deputy should select the file titled 'Incapacitant Spray Policy'.
The fundamental principle underpinning this policy is that any action taken which requires a member of An Garda Síochána to use an incapacitant spray must comply with the fundamental principles of legality, necessity, proportionality and accountability.
Conductive Energy Devices (or Tasers) are issued to specialist firearms and protection units. An Garda Síochána are also trialing the use of Tasers by a limited number of frontline Gardaí in Dublin City and Waterford where body worn cameras have already been deployed. The purpose of the pilot is to evaluate the use this equipment, particularly as a de-escalation measure for frontline Gardaí. Again, I have been assured that all Gardaí issued with Tasers have been adequately trained in their use.
These tactical options are available to Gardaí when faced with violence or the threat of violence when it is reasonable to believe that such violence or threat of violence may result in injury to themselves or others, including self-harm by an individual.
Information on Garda use of force including the use of incapacitant spray, ASP Baton and Taser are published on the Garda website and in the Commissioners monthly report to the Policing and Community Safety Authority.
An Garda Síochána's Use of Force statistics can be found at the following link: www.garda.ie/en/information-centre/statistics/.
While the Garda Commissioner's monthly reports to the PCSA can be found here: www.garda.ie/en/about-us/publications/general-reports/commissioner-s-monthly-reports-to-policing-and-community-safety-authority/.