Skip to main content
Normal View

Tuesday, 16 Apr 2024

Written Answers Nos. 491-508

Visa Applications

Questions (491)

Bernard Durkan

Question:

491. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for a visa in the case of the son of a person (details supplied); when a decision can expect to issue; and if she will make a statement on the matter. [16041/24]

View answer

Written answers

The visa application referred to by the Deputy was refused by the Visa Office in Dublin. The reason for this decision was set out in the refusal letter sent to the applicant on 21 November 2022. An appeal of this decision was received on 18 January 2023. A decision will be issued to the applicants as soon as full consideration has been given by a Visa Appeals Officer.

It should be noted that visa appeals are dealt with in strict chronological order. Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday:

www.irishimmigration.ie/visa-decisions/

Processing times can change during the year, for example before holiday periods or for study applications prior to a new college year.

All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on our website. Applicants that meticulously follow these guidelines have an improved prospect of receiving a positive decision at first instance.

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.

Citizenship Applications

Questions (492)

Bernard Durkan

Question:

492. Deputy Bernard J. Durkan asked the Minister for Justice if a Department official will meet with a person (details supplied) to discuss the recent refusal of their application for citizenship to assist them to better understand the reason this decision was reached; and if she will make a statement on the matter. [16044/24]

View answer

Written answers

I am advised by Citizenship Division of the Immigration Service Delivery (ISD) that the decision remains as stated in a letter dated 28 November 2023. The reasons for the refusal have been communicated to the person cited by the Deputy.

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.

Any application under Section 16 that relies on Irish associations and affinity should be supported by substantive documentation that in the Minister’s view, renders the application exceptional and one where the normal pathways to citizenship provided for under the legislation are not appropriate.

However, there is no automatic right or entitlement to have any of the statutory conditions waived even where the applicant comes within the certain circumstances defined. This discretion is used very rarely and only under the most exceptional and compelling circumstances.

There is no time limit within which an unsuccessful applicant can make a new application, nor is there any limit on the number of applications made.

Applicants are advised that in making any new application they should bear in mind the reasons for the previous refusal. Each application is examined individually and assessed on their own merits. A decision on an applicant can only be made after a new application is received.

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.

Citizenship Applications

Questions (493)

Carol Nolan

Question:

493. Deputy Carol Nolan asked the Minister for Justice to clarify when an application (details supplied) will be processed; the reason for the delay to date; and if she will make a statement on the matter. [16069/24]

View answer

Written answers

The naturalisation application from the person referred to by the Deputy continues to be processed by my Department.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.

My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.

My Department has recently moved from paper to online based citizenship applications. This is one of a number of measures introduced in an effort to optimise the application process and enhance the overall customer service experience. As part of the new online process, customers are issued with an acknowledgment on submission of the online application. The forms provide a seamless application process and help guide applicants through what is required for an application.

In a little 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. This 66% increase in processing has been achieved through digitising and streamlining processes.

Finally, I can advise the Deputy that the Citizenship Division of my Department continues to communicate regularly with all applicants to keep them informed as to updates on processing times and arrangements.

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.

Prison Service

Questions (494)

Thomas Pringle

Question:

494. Deputy Thomas Pringle asked the Minister for Justice if an elderly Irish person (details supplied) who has been given a custodial sentence in France could have their sentence transmuted to be served in Ireland; and if she will make a statement on the matter. [16072/24]

View answer

Written answers

As the Deputy may be aware, EU Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences establishes the conditions and procedure for the transfer of a custodial sentence between EU member states. This Framework Decision has been implemented in Ireland by the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (the “2023 Act”). The 2023 Act was signed into law on 1 March 2023 and was commenced on 3 May 2023.

I am advised by my officials in the Irish Prison Service that no application has been received from the named person.

A person wishing to commence a transfer application should first engage with the relevant authorities in the member state in which the sentence was imposed, as their consent is necessary for any application to be progressed. Should that member state agree to consider a transfer, they will then make contact with the Irish authorities and any request received will be considered in accordance with the relevant provisions of the 2023 Act.

I am advised that the processing of an application under this legislation takes time as it requires legal assessment on a case-by-case basis and the detailed exchange of information between various agencies in the two countries. However, every effort is made to progress each application as soon as possible and within the statutory time frame.

If an application is received by the Irish Prison Service, it will commence consideration of that application without delay.

The person the Deputy is inquiring on behalf of may find it helpful to contact the Irish Council for Prisoners Overseas (ICPO). The ICPO provides information and support to prisoners and their families; this includes making representations to relevant parties such as welfare agencies, on behalf of prisoners overseas, on issues such as health. It may also be worth contacting the Consular Team of the Irish Embassy in France to see what support they may be able to provide.

An Garda Síochána

Questions (495)

Mark Ward

Question:

495. Deputy Mark Ward asked the Minister for Justice the response times of gardaí in the DMR area for antisocial behaviour; the percentage of calls that relate to antisocial behaviour received by gardaí, by year, from 2019 to present; and if she will make a statement on the matter. [16081/24]

View answer

Written answers

I would like to assure the Deputy that the Government is determined to tackle anti-social behaviour and its causes. A number of priority actions are contained in the Programme for Government to reduce instances of such behaviour and help people to be safe and feel safe in their local communities.

These include the establishment of the Anti-Social Behaviour Forum, which is chaired by Minister of State James Browne. The ASB Forum is developing measures which will address the factors which give rise to such behaviour and its impact on community morale and quality of life. The forum has established four sub-groups to consider the specific issues of the misuse of scramblers and quad-bikes, knife crime, responses to ASB impacts on housing complexes managed by Approved Housing Bodies (AHBs) and to review the powers available to An Garda Síochána in relation to public order offences.

With regard to Garda response times in the DMR area, I am advised by the Garda authorities that GardaSAFE, the new computer aided dispatch system in An Garda Síochána, was rolled out incrementally across the organisation in 2023. The last region, the Dublin Metropolitan Region, went live on GardaSAFE in late November 2023.

The Garda authorities further advise that at this stage, the focus remains on the operational implementation of the system nationwide. Whilst there are some reports available, these are focused on live operational aspects, for example for the Control Rooms to monitor call volumes. I am assured by the Garda authorities that over time, and as the amount of data available from GardaSAFE increases, there will be additional reports available within GardaSAFE itself, and also the ability to utilise the data for bespoke queries and analysis.

As the Deputy will be aware, recorded crime statistics are published by the CSO at Garda Regional level for the Q1 2003 through Q4 2023 period. This sets out the number of recorded offences most commonly associated with more serious anti-social behaviour, such as assault, public order or criminal damage.

data.cso.ie/table/CJQ05

EU Agreements

Questions (496, 497, 498)

Mattie McGrath

Question:

496. Deputy Mattie McGrath asked the Minister for Justice if she plans to publish the Attorney General’s advice on the ramifications of the EU Migration and Asylum Pact on Ireland’s national sovereignty, as enshrined in Bunreacht na hÉireann, prior to seeking approval from both Houses of the Oireachtas to opt-in under the terms of Protocol 21 annexed to the Treaty of Lisbon; and if she will make a statement on the matter. [16137/24]

View answer

Mattie McGrath

Question:

497. Deputy Mattie McGrath asked the Minister for Justice her views on Article 7C of the Proposal for a Regulation of the European Parliament and of the Council on asylum and migration management 2020/0279 (COD) in terms of Ireland’s national sovereignty, as enshrined in Bunreacht na hÉireann, the provisions of which cede power to the EU Commission to determine the total annual number of required relocated asylum seekers from countries under migratory pressure; and if she will make a statement on the matter. [16138/24]

View answer

Mattie McGrath

Question:

498. Deputy Mattie McGrath asked the Minister for Justice to comment on her statement that there is “nothing” in the EU Migration and Asylum Pact “that does not benefit Ireland” in view of the fact that Ireland will be liable for more relocated asylum seeker applicants than many other EU countries in accordance with the formula for the distribution pursuant to Article 44 of the Proposal for a Regulation of the European Parliament and of the Council on asylum and migration management 2020/0279 (COD), of which is binding in its entirety and directly applicable if Ireland opts-in under the terms of Protocol 21 annexed to the Treaty of Lisbon; and if she will make a statement on the matter. [16139/24]

View answer

Written answers

I propose to take Questions Nos. 496 to 498, inclusive, together.

I am committed to ensuring that Ireland’s International Protection system is robust and rules based, and that our borders are protected.

The EU Asylum and Migration Pact will significantly reform the current approach to migration and asylum both in Ireland and across the EU by providing a robust legislative framework to address the challenges faced in this area.

The overall objectives of the Pact is to create a fair, sustainable and efficient asylum procedure in ordinary times as well as in times of migratory pressure and crisis situations. It will ensure a fair sharing of responsibility, developing robust and fair management of external borders and providing stronger governance of asylum and migration policies.

These reforms will ensure Europe acts as a collective in terms of how migration, and in particular asylum, is managed to ensure the system is firmer and fairer. The Pact will allow significantly faster processing of international protection applications. The Pact will reduce the number of secondary movements and make it easier to transfer applicants to the Member State responsible. It will reduce the time people spend in state provided accommodation and allow for the return of those not entitled to protection. The overall aim here is to speed up the processing of asylum applications so that people in need of our protection get it quickly and those who don’t are returned to where they came from quickly and efficiently.

These reforms can be seen against a backdrop of some of the long-standing challenges faced by Member States in dealing with asylum applications, particularly in the context of the large influx of asylum seekers in 2015 and 2016, and again in 2022 and 2023. There is little indication that this trend will abate in an increasingly unstable world.

The Pact recognises that the challenges presented by migration and asylum cannot be effectively addressed by any state acting alone in a globalised and interdependent world. As such, it will establish a more coherent approach across the EU to migration, asylum, integration and border management, fit for the 21st century.

Opting-in to the Pact is an opportunity for Ireland to undertake coordinated wide-reaching reforms in an area that has seen mounting public interest and concern in recent times.

The solidarity mechanism contained within the Pact is to assist Member States facing migratory pressure. A Solidarity Pool will be established from which a Member State determined as being under migratory pressure can draw from. It is important to note that the solidarity mechanism has been established to alleviate the pressure that front-line Member States will face is implementing the new screening procedures, border procedures and return border procedures which are aimed at preventing onward secondary movements to other countries such as Ireland.

All Member States would contribute to this Solidarity Pool on the basis of a proportional “fair share” principle (based on the formula 50% population and 50% GDP).

It is very important to clarify that the “fair share” contribution for Ireland would apply to the solidarity pool to be established, not to the total number of asylum applications across the EU.

Member States will have discretion on the type of solidarity they contribute. This can take the form of relocations, financial contributions or alternative solidarity measures such as deployment of personnel. So it is not the case that Ireland will necessarily be required to accept greater numbers of asylum seekers under this mechanism.

While Ireland has one of the highest GDPs in the EU, it should be noted that we have one of the smallest populations and this is reflected in the formula overall.

Should Ireland be considered to be under migratory pressure in the future, we will be able to avail of solidarity from other Member States.

The Attorney General provides legal advice to the Government and this advice is subject to legal professional privilege, in the same way as the legal advice provided to a private client by any solicitor or barrister. The proper operation of Government and, thereby, the public interest is served by this privilege as it facilitates the confidential consideration by Government of sensitive matters.

Question No. 497 answered with Question No. 496.
Question No. 498 answered with Question No. 496.

Ministerial Staff

Questions (499)

Brendan Griffin

Question:

499. Deputy Brendan Griffin asked the Minister for Justice if she will outline the process for the selection of Garda drivers for Government Ministers; and if she will make a statement on the matter. [16144/24]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible under the Garda Síochána Act 2005 (as amended) for the management and administration of Garda business, including the recruitment and training of Garda members and staff. The Commissioner is also responsible, under section 33 of the Act, for determining the deployment of the Garda Síochána throughout the State. As Minister, I have no direct role in these matters.

I am informed by the Garda authorities that the selection process for Garda drivers for Government Ministers is primarily conducted via competency-based interviews of eligible applicants. A short-listing process may be employed prior to interviewing if the numbers of eligible applicants are such as would make it impractical to interview every candidate.

Prior to appointment, applicants who have been successful at interview are also subject to a clearance process which includes a review of career details, to include records of non-effectiveness through illness, particulars of favourable records and particulars of unfavourable records.

Departmental Data

Questions (500)

Robert Troy

Question:

500. Deputy Robert Troy asked the Minister for Justice if she will provide a breakdown of the amounts paid to private practitioners in 2023 and to date in 2024, in tabular form; the amount paid to each of the top-ten recipients of fees under the international protection private practitioners scheme, by the practitioner's name and fees in those years. [16154/24]

View answer

Written answers

The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2021.

The 1995 Act was amended by Section 54 of the Civil Law (Miscellaneous Provisions) Act 2011 which gave the Board the additional responsibility of providing a family mediation service. Section 3(3) of the Act states that the Board shall, subject to the provisions of the Act, be independent in the exercise of its functions.

The Deputy may be aware that civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the Board. The Board operates a total of 34 full-time law centres and dedicated units along with three part-time centres, and three specialist legal offices. The Board also operates 19 family mediation centres. Eight of the law centres and family mediation offices are co-located.

The Board also engages private solicitors to supplement the services provided by Board solicitors in certain areas of law on a case by case basis. These areas include District Court family law matters, Circuit Court judicial separation and divorce cases, international protection cases, and cases on foot of the Abhaile scheme.

I am informed that the Board also delivers specialist services at the following locations: Law Centre Smithfield (International Protection, Human Trafficking and Child Abduction), Dolphin House (District Court Family Law and Mediation), Montague Court (Medical Negligence/Personal Injuries) and Chancery Street (Childcare).

The Board has established a number of solicitor panels for different case types. Solicitors in private practice agree to be members of those panels and are paid fees per case depending on the terms and conditions of each panel.

The table below sets out in tabular format the ten firms of solicitors on the International Protection Solicitors Panel who have been paid the highest amount of fees, in total over the period 1 January 2023 to 31 March 2024. This is further broken down to the fees paid during 2023 and from 1 January to 31 March 2024.

International Protection Solicitors Panel Ten Highest Paid Solicitors 01 January to 31 March 2024

James Watters & Company

€181,886.25

Hegarty-Blacklock & Company Solicitors

€113,848.80

Ferrys Solicitors LLP

€75,288.30

Burns Kelly Corrigan Solicitors

€60,805.05

Patrick J Sweeney Solicitors

€50,048.20

KOD Lyons Solicitors LLP

€49,741.20

Steer Law Solicitors

€39,790.60

Siobhan Conlon

€34,968.90

Cyril & Co Solicitors

€33,422.79

Niall J Walsh

€29,925.90

Peace Commissioners

Questions (501)

Niamh Smyth

Question:

501. Deputy Niamh Smyth asked the Minister for Justice for an update on an application (details supplied); and if she will make a statement on the matter. [16173/24]

View answer

Written answers

Peace Commissioners are appointed by the Minister for Justice in accordance with section 88 of the Courts of Justice Act 1924. The appointment of a Peace Commissioner is entirely at the discretion of the Minister for Justice and the fact that an applicant or nominee may be suitable for appointment does not, in itself, provide any entitlement to appointment as a Peace Commissioner because other factors, such as the need for appointments in particular areas at any particular point in time, are taken into account.

While it would not be appropriate to comment on individual cases, I can inform the Deputy that my Department has contacted the individual concerned directly regarding their Peace Commissioner application in recent days.

Peace Commissioners

Questions (502)

Niamh Smyth

Question:

502. Deputy Niamh Smyth asked the Minister for Justice the status of on application (details supplied); and if she will make a statement on the matter. [16175/24]

View answer

Written answers

Peace Commissioners are appointed by the Minister for Justice in accordance with section 88 of the Courts of Justice Act 1924. The appointment of a Peace Commissioner is entirely at the discretion of the Minister for Justice and the fact that an applicant or nominee may be suitable for appointment does not, in itself, provide any entitlement to appointment as a Peace Commissioner because other factors, such as the need for appointments in particular areas at any particular point in time, are taken into account.

While it would not be appropriate to comment on individual cases, I can inform the Deputy that my Department has contacted the individual concerned directly regarding their Peace Commissioner application in recent days.

Asylum Applications

Questions (503)

Carol Nolan

Question:

503. Deputy Carol Nolan asked the Minister for Justice if the religious affiliation of an applicant, whether they be Christian or otherwise, is a factor which is taken into consideration when considering an asylum application; and if she will make a statement on the matter. [16207/24]

View answer

Written answers

Under the International Protection Act 2015, an international protection officer is responsible for the examination of the relevant facts and circumstances that apply to each international protection application.

An international protection officer is obliged to examine each application for international protection for the purpose of deciding whether the applicant is given either (a) a refugee declaration, (b) a subsidiary protection declaration or (c) neither a refugee or subsidiary protection declaration. There is a distinction between the criteria that must be met to be recognised as a refugee or a person eligible for subsidiary protection.

To be recognised as a refugee, an applicant must be a person who, owing to a well-founded fear of being persecuted for reasons of (i) race, (ii) religion, (iii) nationality, (iv) political opinion or (v) membership of a particular social group, is outside his or her country of nationality and is unable or, owing to such fear, is unwilling to avail of the protection of that country. Or a stateless person, who, being outside of his or her country of former habitual residence for the same reasons as mentioned above, is unable or, owing to such fear, unwilling to return to it and who is not excluded from eligibility for refugee status for certain reasons.

Subsidiary Protection is granted to a person who does not qualify as a refugee but where the international protection officer considers that the person faces a real risk of suffering serious harm in his or her country of origin. The precise definition is that a person eligible for subsidiary protection is a person (i) who is not a national of a Member State of the European Union, (ii) who does not qualify as a refugee, (iii) in respect of whom substantial grounds have been shown for believing that he or she, if returned to his or her country of origin/country of former habitual residence, would face a real risk of suffering serious harm, and who is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country; and (iv) who is not excluded from eligibility for subsidiary protection for certain reasons.

Serious harm means: (i) death penalty or execution, (ii) torture or inhuman or degrading treatment or punishment of a person in his or her country of origin/country of former habitual residence, or (iii) serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in a situation of international or internal armed conflict.

If an applicant indicates that their religious affiliation is a factor causing them to seek protection in Ireland then that claim is investigated by International Protection Officers hearing the case.

Legal Services Regulation

Questions (504)

Carol Nolan

Question:

504. Deputy Carol Nolan asked the Minister for Justice the disciplinary bodies which exist to regulate the solicitors profession. [16209/24]

View answer

Written answers

The Legal Services Regulatory Authority (LSRA) is an independent body responsible for the regulation of the legal professions under the provisions of the Legal Services Regulation Act 2015. Subject to the 2015 Act, the Authority shall be independent in the performance of its functions.

Since the commencement of the relevant complaints related provisions of the 2015 Act on 7 October 2019, the first point of contact for new complaints in relation to the professional conduct of solicitors, and barristers, is the LSRA.

Furthermore, Section 74 of the Legal Services Regulation Act 2015 provides for the establishment of the Legal Practitioners' Disciplinary Tribunal (LPDT). In November 2020, the President of the High Court appointed the LPDT to deal with complaints of serious misconduct by both solicitors and barristers. Applications made to the LPDT must come through the Law Society of Ireland or the Legal Services Regulatory Authority. The LPDT is independent of both the Minister and the LSRA in the performance of its tasks and the exercise of its powers.

Prior to the commencement of the LSRA’s complaints regime in October 2019, the Solicitors Disciplinary Tribunal (SDT) dealt with complaints of serious misconduct which were either referred to it by the Law Society or were made directly to the SDT by members of the public under the preceding regulatory framework.

The procedures of the SDT are regulated by the Solicitors Acts, 1954 to 2015 and its members are appointed by the President of the High Court and act independently of the Law Society.

Pension Provisions

Questions (505)

Carol Nolan

Question:

505. Deputy Carol Nolan asked the Minister for Justice the entitlements of the surviving spouses of deceased retired members of An Garda Síochána; the extent to which the entitlements of retired members are extended to their surviving spouse after their death; and if she will make a statement on the matter. [16211/24]

View answer

Written answers

I can advise the Deputy that entitlement to a Garda Spouses’ pension is based on the deceased Garda’s membership of the An Garda Síochána Spouses’ and Children’s Superannuation Scheme. All members of An Garda Síochána who were attested after November 1984 are members of the Spouses and Children’s scheme. Membership prior to 1984 was not mandatory for all members joining An Garda Síochána.

If a former member of An Garda Síochána was a member of the scheme, the deceased member’s spouse is entitled to a Spouse's Pension for their lifetime or until such time as the former members spouse remarries or cohabits. In the majority of cases this is calculated at the rate of 25% of the members Pensionable Remuneration. The payment of the Garda Spouses pension may be varied if there is a valid Pension Adjustment Order in place.

I can also advise the Deputy that pension payments are made monthly and in advance.

Courts Service

Questions (506)

Carol Nolan

Question:

506. Deputy Carol Nolan asked the Minister for Justice the reason neither the Department nor the Courts Service compile information on the nationality of persons convicted of offences; and if she will make a statement on the matter. [16214/24]

View answer

Written answers

As the Deputy will appreciate, management of the courts, along with related operational matters and logistical functions, are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and through the separation of powers in the Constitution.

It should be noted that the Department does not record data relating to convictions, as this is a function of the courts.

The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie

To be of assistance I have referred the Deputy's question to the Courts Service for direct reply.

Legal Aid

Questions (507)

Carol Nolan

Question:

507. Deputy Carol Nolan asked the Minister for Justice if any absolute upper income limit applies to the granting of criminal legal aid; and if she will make a statement on the matter. [16215/24]

View answer

Written answers

The Criminal Justice (Legal Aid) Act, 1962, is the primary legislation covering the operation of the Criminal Legal Aid Scheme and gives effect to the Constitutional right that legal aid may be granted for the defence of people with insufficient means in criminal proceedings.

Furthermore, the European Convention on Human Rights provides that every person charged with a criminal offence is entitled to defend themselves in person, through legal assistance of their own choosing, or if they have insufficient means to pay for legal assistance to be given it free when the interests of justice so require.

The Deputy will appreciate that the Criminal Legal Aid Scheme must operate with due regard to these rights and that any unreasonable block on legal aid could give a convicted defendant an avenue for appeal or prohibition of the prosecution.

As the Deputy will be aware, under the current legislation the courts, through the judiciary, are responsible for the granting of legal aid. To be eligible for Criminal Legal Aid, an applicant must establish to the satisfaction of the court that their means are insufficient to enable the applicant to pay for legal representation themselves.

However, it is also the case that the court must be satisfied that by reason of the ‘gravity of the charge’ or ‘exceptional circumstances’, in the interests of justice it is essential that the applicant should have legal aid.

Work to modernise and improve the operation of the Criminal Legal Aid Scheme is currently under way. The General Scheme of the Criminal Legal Aid Bill was published in July 2023. The Justice Oireachtas Committee completed pre-legislative scrutiny of the Bill and published its report in December 2023.

Legislative Measures

Questions (508)

Pa Daly

Question:

508. Deputy Pa Daly asked the Minister for Justice when she intends to bring forward proposals to replace the Offences Against the State Act; and if she will make a statement on the matter. [16260/24]

View answer

Written answers

As the Deputy is aware, I published both the majority and minority reports of the Independent Review Group appointed to examine all aspects of the Offences Against the State Acts following consideration by Government last year.

The Offences Against the State Acts are Ireland's primary counter-terrorism legislation. They have served, and continue to serve, the State well in tackling both subversives and organised crime and fulfil a vital role in our criminal justice system.

Given the importance of the Acts over many decades, any proposals for reform must be thoroughly considered and approached with the utmost care.

My Department has engaged in detailed consultation on the recommendations of the Review Group with a number of bodies including the Garda Commissioner, the Office of the DPP and the Courts Service. My Department has also examined the reports from a variety of perspectives including policy, governance and legislation.

The outputs from this consultation and analysis will inform the preparation of a substantive response to the Review which I will bring to Government for consideration in due course.

Top
Share