Written Answers Nos. 793-812
793. Deputy Michael Murphy asked the Minister for Justice, Home Affairs and Migration if he will review the operation of the court fees regime under S.I. No. 492 of 2014 to ensure that fees do not act as a barrier to individuals seeking to vindicate their constitutional rights in the Superior Courts; and if he will make a statement on the matter. [34247/26]
Amharc ar fhreagraMatters 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. The review is addressing a limited number of technical and legal issues.
794. Deputy Michael Cahill asked the Minister for Justice, Home Affairs and Migration to give an update on a case (details supplied); and if he will make a statement on the matter. [34265/26]
Amharc ar fhreagraI can assure the Deputy that this Government fundamentally believes in the right to claim asylum and that the International Protection Act 2026 upholds our obligation on this important principle of international law.
Ireland is party to the 1951 UN Convention on the Status of Refugees and its 1967 Protocol. The Convention outlines the rights of refugees as well as the legal obligations of states to protect them.
My Department is focused on preparing for the implementation of the EU Migration and Asylum Pact in advance of 12 June 2026. The Pact will provide a fair, sustainable and efficient asylum procedure. The International Protection Act 2026 gives further effect to the measures of the Pact and to the 1951 Refugee Convention and its 1967 Protocol, and will ensure a fairer and more efficient international protection system.
A central measure of the Pact is the Asylum Procedures Regulation (Regulation (EU) 2024/1348). This Regulation applies to all applications for international protection made in the territory of the Member States, including at the external border, on the territorial sea or in the transit zones of the Member States. The Regulation provides international protection applicants with certain rights and guarantees, including the right to access the international protection procedure.
Section 36 of the International Protection Act 2026 provides for the making of an application for international protection by a person at the frontier of the State or in the State.
Every person has the right to apply for asylum under the 1951 Convention. Article 31 of the Convention does not exclude from the right to seek asylum a person who has not come directly from a territory where their life or freedom was threatened. There is no inconsistency between Article 31 of the 1951 Convention and section 36 of the International Protection Act 2026.
The Asylum and Migration Management Regulation seeks to reduce secondary movement and makes provision for a person who applies for asylum to be returned to the first EU Member State they entered for their asylum claim to be processed.
795. Deputy Malcolm Byrne asked the Minister for Justice, Home Affairs and Migration further to Parliamentary Question No. 427 of 27 November 2026, to provide an update on the use of restorative justice in the Irish legal system, including data for 2025. [34273/26]
Amharc ar fhreagraI am committed to progressing and implementing policies aimed at increasing the use of effective community sanctions that reduce offending, divert people away from criminal behaviour, and support sustainable rehabilitation. Restorative justice is a key component of this work, and evidence shows that this practice can support victims to recover from the impact of a crime, as well as serving to reduce re-offending.
In April 2025, I approved the publication of the Probation Service’s Action Plan - "Restoring Relationships: Repairing Harm and Empowering Voices through Restorative Justice" which runs from 2025 to 2027. This plan is designed to promote awareness and support increased use of restorative justice across the system. The plan also commits the Probation Service to driving the integration of restorative justice into all its services, while also expanding it nationally.
I was pleased to secure, in Budget 2026, a very substantial 13% increase in funding for the Probation Service, which includes funds to increase the use of supervised community sanctions in the criminal courts, as well as the development and expansion of several schemes, including restorative justice services.
The Probation Service provides restorative justice nationally, and also through a number of Community Based Organisations (CBOs), which provide dedicated restorative justice programmes across 24 counties. The Probation Service also funds other CBOs which use restorative practice in their work with clients, to promote respectful relationships, and acknowledge and address the harm caused by their offending. The Service, through its national Restorative Justice and Victim Services Unit, also supports the integration of Restorative Justice models into practice across the country. This includes victim empathy programmes, family restorative conferences, reparation projects, and victim-offender dialogues.
I’m advised that the Service has recently concluded a call for Expressions of Interest (EOI) from CBOs which are interested and capable of employing dedicated Restorative Justice project workers to deliver restorative justice services in Donegal, Sligo, Louth, Cavan and Monaghan. The Service will also be conducting EOI competitions in 2026 to further expand its services including in South Tipperary.
I’m advised that the Probation Service recently ran a call for Expressions of Interest (EOI) from CBOs that are interested and capable of employing a dedicated Restorative Justice project worker to deliver restorative justice services in Waterford. When the EOI process is concluded and the service is in place, this will bring to 25 the number of counties in which the Probation Service funded community-based Restorative Justice services are available.
The below table includes the number of people who have engaged in restorative justice over the last five years. The figures for 2025 are not yet available and will be published shortly as part of the Probation Service Annual Report 2025.
|
- |
2019 |
2020 |
2021 |
2022 |
2023* |
2024* |
|
Probation Service (Adult) |
37 |
24 |
36 |
63 |
81 |
72 |
|
Young Person's Probation |
11 |
15 |
5 |
12 |
- |
- |
|
Community Training Centre |
- |
- |
- |
- |
- |
20 |
|
Le Chéile |
31 |
26 |
21 |
12 |
21 |
38 |
|
Cornmarket |
16 |
11 |
19 |
10 |
23 |
32 |
|
Restorative Justice Services |
433 |
177 |
187 |
240 |
245 |
489 |
|
Restorative Justice in the Community |
200 |
87 |
132 |
88 |
77 |
129 |
*To note, probation figures from 2023 and 2024 do not distinguish between adults and juveniles.
796. Deputy Timmy Dooley asked the Minister for Justice, Home Affairs and Migration the regulations and supports are in place to facilitate local authorities with the roll out of community CCTV cameras; and if he will make a statement on the matter. [34275/26]
Amharc ar fhreagra797. Deputy Timmy Dooley asked the Minister for Justice, Home Affairs and Migration to confirm the local authorities that are, and are not, facilitating the roll out of community CCTV schemes in conjunction with An Garda Síochána across the State; and if he will make a statement on the matter. [34276/26]
Amharc ar fhreagraI propose to take Questions Nos. 796 and 797 together.
The consideration and operation of community CCTV by local authorities is a matter for the local authority concerned. As Minister, I have no role in local authorities and updates on the rollout of individual community CCTV schemes should be sought from the relevant local authority.
To-date, the following local authorities have rolled out community CCTV schemes in conjunction with An Garda Síochána, and with funding from my Department: Carlow, Kerry, Kilkenny, Laois, Leitrim, Limerick, Longford, Louth, Mayo, Monaghan, Sligo, Wexford and Wicklow.
The Garda National Community Engagement Bureau offer support and assistance in relation to all applications and processes. Each application is evaluated on the principals of necessity, proportionality, legality and therefore receives the necessary and robust review to ensure the CCTV application will withstand a Human Rights and Privacy screening test. All applications must be presented to the CCTV Advisory Committee and the need for each camera justified.
The Garda Síochána (Recording Devices) Act 2023 provides for a new regime for the authorisation and operation of CCTV schemes. Part 5 of that Act, when commenced, will introduce these new arrangements.
There is a requirement under that Act for the Garda Commissioner to develop a Code of Practice for CCTV which will set out the procedures to be followed. I am advised that the draft Code of Practice feedback to An Garda Síochána is currently being assessed.
As part of developing this new Code of Practice, An Garda Síochána consulted with the bodies listed in Part 8 of the Act and conducted a public consultation to seek submissions for any views or observations on the draft Code of Practice for Part 5. This consultation was also extended to the Local Government Management Agency. This consultation period ended on 24 February 2026. The Garda Commissioner may, upon review of the submissions received, make any amendments he considers necessary to the draft Code.
Prior to commencement, an amendment is also required to the transitional arrangements in section 7 of the 2023 Act, for existing CCTV applications. That amendment has been included in the Garda Síochána (Recording Devices) (Amendment) Bill and is currently before the Houses of the Oireachtas.
I expect that the new CCTV provisions set out in Part 5 will be commenced this summer.
798. Deputy Carol Nolan asked the Minister for Justice, Home Affairs and Migration for an update on his Departments implementation of any of the recommendations contained in the April 2025 report An Evidence Review on Ethnic Monitoring in the Criminal Justice System; and if he will make a statement on the matter. [34294/26]
Amharc ar fhreagra799. Deputy Carol Nolan asked the Minister for Justice, Home Affairs and Migration whether his Department accepts the April 2025 report An Evidence Review on Ethnic Monitoring in the Criminal Justice System finding that minority ethnic and migrant groups are disproportionately represented in the criminal justice systems of Canada, Australia, New Zealand and England & Wales; if he will publish disaggregated crime, arrest and imprisonment statistics by ethnicity and country of origin for Ireland in line with the report’s recommendations; and if he will make a statement on the matter. [34295/26]
Amharc ar fhreagra800. Deputy Carol Nolan asked the Minister for Justice, Home Affairs and Migration if he has considered the April 2025 report An Evidence Review on Ethnic Monitoring in the Criminal Justice System warning that the absence of ethnic monitoring allows agencies to “escape accountability” for disparities; the steps his Department is taking to collect and publish data on the over-representation of foreign nationals and non-Irish ethnic groups in Irish prisons and probation services, as highlighted in prior studies referenced in the report; and if he will make a statement on the matter. [34296/26]
Amharc ar fhreagra801. Deputy Carol Nolan asked the Minister for Justice, Home Affairs and Migration the way in which the Government intends to address the April 2025 report An Evidence Review on Ethnic Monitoring in the Criminal Justice System identified risks of stigmatisation when publishing ethnic crime data, while ensuring that the Irish public can have a transparent debate on any links between mass immigration, specific migrant ethnicities and rising crime rates; and if he will make a statement on the matter. [34297/26]
Amharc ar fhreagra802. Deputy Carol Nolan asked the Minister for Justice, Home Affairs and Migration whether the findings in the April 2025 report An Evidence Review on Ethnic Monitoring in the Criminal Justice System on the extreme over-representation of Indigenous and migrant-descended groups in the criminal justice systems of comparator countries have prompted any review of Ireland’s immigration policy; if he will confirm whether future immigration decisions will be informed by robust ethnicity and nationality crime data; and if he will make a statement on the matter. [34298/26]
Amharc ar fhreagra803. Deputy Carol Nolan asked the Minister for Justice, Home Affairs and Migration if has examined the April 2025 report An Evidence Review on Ethnic Monitoring in the Criminal Justice System evidence that self-identification combined with officer perception is used successfully in England & Wales and New Zealand to capture accurate ethnicity data at the point of stop-and-search and arrest; if he will commit to introducing a similar standardised system in Ireland without further delay; and if he will make a statement on the matter. [34299/26]
Amharc ar fhreagra804. Deputy Carol Nolan asked the Minister for Justice, Home Affairs and Migration for his Department’s response to the April 2025 report An Evidence Review on Ethnic Monitoring in the Criminal Justice System conclusion that victim ethnicity data is the least developed area across all comparator jurisdictions; if he will publish hate crime and victimisation statistics broken down by ethnicity and migrant status to inform public debate on the impact of mass immigration on community safety; and if he will make a statement on the matter. [34300/26]
Amharc ar fhreagra805. Deputy Carol Nolan asked the Minister for Justice, Home Affairs and Migration the reason Ireland continues to lag behind the comparator countries examined in the April 2025 report An Evidence Review on Ethnic Monitoring in the Criminal Justice System in routinely recording and publishing ethnicity data in the criminal justice system; if the Government’s reluctance is due to concerns about what the data on migrant crime rates might reveal; and if he will make a statement on the matter. [34301/26]
Amharc ar fhreagra806. Deputy Carol Nolan asked the Minister for Justice, Home Affairs and Migration if he will confirm that the April 2025 report An Evidence Review on Ethnic Monitoring in the Criminal Justice System recommendation for contextualised publication of ethnic data (to avoid implying direct causal links between ethnicity and crime) will not be used as a reason to suppress or delay the release of statistics on foreign national offending; if he will outline a timeline for full implementation; and if he will make a statement on the matter. [34302/26]
Amharc ar fhreagra807. Deputy Carol Nolan asked the Minister for Justice, Home Affairs and Migration whether, in light of the Ethnic Monitoring report’s emphasis on the need for evidence-based policy to address disparities, his Department will now commit to a full public debate on the relationship between ethnicity, recent migration patterns and crime rates in Ireland; and if he will make a statement on the matter. [34303/26]
Amharc ar fhreagraI propose to take Questions Nos. 798, 799, 800, 801, 802, 803, 804, 805, 806 and 807 together.
The research report, An Evidence Review on Ethnic Monitoring in the Criminal Justice System was commissioned by the Department in 2022.
The research examined ethnic monitoring practices in Canada, Australia, New Zealand, England and Wales, focusing on their design, implementation, and impact.
It examined how other jurisdictions implement ethnic monitoring in criminal justice systems, with the objective to provide insights to inform policy deliberations in the Irish context.
The research highlights the importance of consistent ethnic data collection, with some jurisdictions facing challenges due to fragmented systems, while a unified approach in others was presented as demonstrating the benefits of standardisation. While the importance of transparency in data sharing is crucial, the report highlighted how it must be accompanied by context and cultural sensitivity. It also highlights that a key gap across all jurisdictions is the lack of comprehensive data on crime victims.
The research report does not contain recommendations but rather provides learnings from other jurisdictions that can inform any development of an ethnic monitoring framework.
It is intended that its learnings will be reviewed in the context of a planned introduction of a common identification number for individuals within the criminal justice system, as committed to in the Programme for Government.
This identifier is being introduced to improve data accuracy and to streamline data sharing within the criminal justice sector. Data can assist in identifying emerging trends and patterns that the criminal justice sector may need to respond to. Sharing a common identification number across the criminal justice sector would facilitate the accurate exchange of information which could further enhance its ability to identify these emerging trends and patterns.
Once trends and patterns have been derived from the data, they can then be further used to inform strategic decision making, policy development and operational activity. Furthermore, data enables policymakers to measure the effectiveness of interventions.
I can assure the Deputy that the publication of disaggregated crime statistics is something that I support as an important contribution to our understanding of crime and to the development of policy.
808. Deputy Mark Ward asked the Minister for Justice, Home Affairs and Migration the number of nitrous oxide cannisters that have been seized by an Garda Síochána in 2024, 2025 and to date 2026; the way they being stored; the way they are being disposed of; the cost associated with this; and if he will make a statement on the matter. [34308/26]
Amharc ar fhreagraThe operational management of seizures by An Garda Síochána, including the storage and disposal of seized items, is a matter for the Garda Commissioner.
I am advised, by the Garda authorities, that nitrous oxide is not captured under a structured field on PULSE and as such is not easily identified or extracted from the PULSE system. As a result An Garda Síochána are not in a position to provide the number of nitrous oxide cannisters seized, nor the associated storage, disposal or cost figures requested.
Nitrous oxide has a range of legitimate medical, industrial and commercial uses and is not controlled under the Misuse of Drugs Acts or the International Drug Conventions. However, under section 3 of the Criminal Justice (Psychoactive Substances) Act 2010, it is an offence to sell, import or export a psychoactive substance, including nitrous oxide, for human consumption.
The Department of Health leads on Government policy in the area of drugs through the national drugs and alcohol strategy, Reducing Harm, Supporting Recovery – a health-led response to drug and alcohol use in Ireland 2017–2025, which represents a whole-of-Government response to substance misuse.
The Act provides significant penalties for offences, including fines and terms of imprisonment. Revenue Customs Officers are responsible for monitoring and seizing importations of nitrous oxide into the State.
The HSE and An Garda Síochána remain aware of the issues surrounding nitrous oxide misuse, and the HSE continues to support awareness of the associated health risks among young people, parents and youth organisations
809. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the guidelines that are in place with regard to the entitlements under the Criminal Justice (Victims of Crime) Act 2017 to inform victims and survivors of significant developments relating to their abuser; if a review has been carried out into the way these guidelines operate in practice; the findings of any such review; and if he will make a statement on the matter. [34356/26]
Amharc ar fhreagraEnsuring that all victims receive the supports and protections that they need is important for me as Minister for Justice, Home Affairs and Migration.
Section 8 of the Criminal Justice (Victims of Crime) Act 2017 transposes Article 6 of EU Directive 2012/29/EU (‘the Victims Directive’) establishing minimum standards on the rights, support and protection of victims of crime. Section 8 of the Act relates to a victim’s right to receive information about their case.
Political agreement between the Council of the European Union and European Parliament has been reached on an amending Victims’ Rights Directive and the text is currently being finalised for formal adoption. That is expected to happen shortly.
Ireland has actively engaged in those negotiations. In many respects, the enhanced provisions reflect practices that are already in place nationally under existing legislation and policy.
The Criminal Justice (Victims of Crime) Act 2017 sets out the supports afforded to victims of crime by relevant agencies and authorities including An Garda Síochána at the earliest stage of the investigation.
Section 8 primarily relates to information during the investigation and prosecution phases. Section 8 also distinguishes between general information about rights and supports, and additional case-specific information which may be provided where requested by a victim.
Post-conviction information is managed through separate arrangements within the criminal justice system, including Garda victim liaison mechanisms and relevant operational procedures within the Irish Prison Service and Probation Service, where applicable.
Implementation of their obligations to provide information under the 2017 Act is a matter for the relevant organisations.
This system is supported by structured information materials. This includes the Victims Charter, which helps victims of crime find the support they might need, and also clearly describes each likely interaction with the Criminal Justice System so that victims of crime can understand what to expect and what they are entitled to.
The Charter, its accompanying website at victimscharter.ie, and the Know Your Rights national awareness campaign on these resources are developed and maintained by my Department.
While no review is currently being undertaken or planned nationally, once the text of the amending Victims’ Rights Directive has been finalised and adopted, officials in my Department will, as a matter of standard practice, review our victims’ rights legislation and policies during the transposition process. It is anticipated that this process will include consideration of whether additional guidelines or protocols are required to further improve cooperation and coordination in realising victims’ rights, including in relation to the provision of information.
This will also include consideration of any issues that have affected the right to information in practice.
810. Deputy Barry Ward asked the Minister for Justice, Home Affairs and Migration the position regarding any mechanism in place within his Department that allows for civil servants to transfer on secondment to an equivalent role within the European Union, without negatively impacting their pension and other employment rights; his views on the merits of such a scheme; and if he will make a statement on the matter. [34427/26]
Amharc ar fhreagraThis Department strongly supports “A Career for EU” the Government’s strategy aimed at increasing Irish representation in roles across the European Union. The Department supports the temporary transfer of civil servants to European Union Institutions by facilitating applications under the Seconded National Expert (SNE) programme when vacancies for positions which have a strategic relevance to this Department arise. The duration of these assignments can vary but usually do not exceed 4 years. This Department currently has three officers on assignment to SNE positions, two in Brussels, Belgium and one in Tallinn, Estonia.
This Department also supports applications for the National Experts in Professional Training (NEPT) programme which is a bi-annual training scheme with 3-5 month placements commencing in Spring and Autumn each year. This programme provides civil servants with an understanding of the work of the European Commission. The Department currently has one officer participating in the current NEPT programme.
A staff member of this Department assigned to any role in the EU through the mechanisms as outlined above continue to be treated as a staff member of this Department for the purposes of pay, pension and internal promotion opportunities. Additional allowances for these roles are paid either by the EU Institution or by this Department as the method for the payment of allowances can vary.
The skills and experience obtained by members of this Department through these assignments to the EU have the potential to benefit not only this Department but the wider Civil Service and the assignments serve to provide a greater understanding about the EU and it’s institutions.
811. Deputy Barry Ward asked the Minister for Justice, Home Affairs and Migration the position regarding the number of prosecutions for offenses related to female genital mutilation in Ireland for each of the years 2023 to 2025 and to date in 2026; and if he will make a statement on the matter. [34461/26]
Amharc ar fhreagra812. Deputy Barry Ward asked the Minister for Justice, Home Affairs and Migration the number of instances of female genital mutilation that have occurred in Ireland in each of the years 2023 to 2025 and to date in 2026; and if he will make a statement on the matter. [34462/26]
Amharc ar fhreagra813. Deputy Barry Ward asked the Minister for Justice, Home Affairs and Migration the position regarding the approximate total number of women in Ireland that have been the victim of female genital mutilation; and if he will make a statement on the matter. [34463/26]
Amharc ar fhreagraI propose to take Questions Nos. 811, 812 and 813 together.
This Government is committed to combatting all forms of domestic sexual and gender-based violence (DSGBV) and to supporting those who are victims of these terrible crimes. The Third National Strategy on DSGBV specifically recognises female genital mutilation (FGM) as a form of DSGBV and contains actions aimed at enhancing our response to it.
Our response to FGM is primarily health-led. The Health Service Executive's National Social Inclusion Office plays an important role in responding to the health needs of service users from marginalised communities, including those from diverse ethnic, cultural and religious communities. Ireland has national strategies in place that outline actions to ensure the healthcare provided is effective, easily accessed and culturally competent.
The Third National Strategy on DSGBV includes a commitment to putting in place specialist health support services for victims and survivors of FGM.
The Deputy may wish to contact the HSE in relation to specific operational matters concerning victims and survivors of FGM, including any available information regarding service provision or related victim data.
The Director of Public Prosecutions (DPP) decides whether or not someone should be prosecuted, and what crime they should be prosecuted for. The DPP is fully independent in the execution of her functions, under the Prosecution of Offences Act 1974.
As Minister for Justice, Home Affairs and Migration, I have no role in the operations, functions, oversight or governance of the Office of the DPP. Consequently, I am unable to provide any information or statistics on the number of prosecutions initiated.
