Wednesday, 1 May 2024

As the Deputy will be aware, the Irish Prison Service must accept into custody all people committed to prison by the Courts. As such, the Irish Prison Service has no control over the numbers committed to custody at any given time.

The Irish Prison Service is working closely with officials in my Department to take steps to ensure a safe working environment for staff and the safety and security of all those in custody.

The Irish Prison Service has set out a range of objectives in its Strategy 2023-2027 in relation to prisoner pathways, including identifying short, medium and long term capacity and policy opportunities to deal with the increase in numbers through implementing their national flow plan, addressing escort capacity and further developing infrastructure to meet capacity requirements.

Where the number of people in custody exceeds the maximum capacity in any prison, the Irish Prison Service make every effort to deal with this through a combination of inter-prison transfers and appropriate use of structured Temporary Release.

The criteria for participation in the Community Return and Community Support Schemes were reviewed last year and additional prisoners are now eligible for assessment for suitability to participate on these structured and supported schemes.

In this regard I can assure the Deputy that decisions in relation to temporary release are considered on a case by case basis and the safety of the public is paramount when those decisions are made.

While focused on rehabilitation and reducing offending, we are continuing to invest in our prison estate, to ensure that it is modern, fit for purpose and has the capacity to accommodate those committed to prison by the courts.

As the Deputy will be aware, the Government has made significant capital funding available to the Irish Prison Service in order to enhance the existing prison infrastructure and to provide additional capacity.

In recent years, works have been completed to modernise the Mountjoy complex, a new prison was constructed in Cork and additional prisoner accommodation was provided in the Midlands Prison.

Furthermore, capacity across the prison estate has been increased by in excess of 200 new spaces in recent years through the reopening of the Training Unit in Mountjoy, the opening of new male accommodation in Limerick and the new standalone female prison in Limerick.

Plans have been outlined for 4 capital projects at Castlerea, Cloverhill, the Midlands and Mountjoy prisons to accommodate up to 670 people.

I recently secured additional capital funding of €49.5m to deliver these very significant capital commitments to allow the Irish Prison Service to address current capacity issues within our prison system and ensure it is fit-for-purpose for a growing population in the years to come.

Preparatory work will commence this year on these 4 key projects as part of an accelerated capital construction programme.

The additional capital funding will also be used to advance short term projects currently being pursued by the Prison Service that are expected to deliver over 150 spaces this year.

I can assure the Deputy that I am also committed to looking at all potential options to meet current and future needs.

I am establishing a new review group to make recommendations on other future developments, including at Thornton Hall.

In addition, a Prison Overcrowding Response Group has been established, with officials from across the Department, the Irish Prison Service, Probation Service, Courts Service, and An Garda Síochána this group is continuing to examine proposals to address overcrowding.

The Deputy will appreciate that the Irish Prison Service must make the best use of all available prison capacity, particularly at this time when severe overcrowding is being experienced.

Sex offenders, both sentenced and remand, were previously accommodated at 4 locations – Midlands Prison, Arbour Hill Prison, Castlerea Prison and Mountjoy Training Unit. However, due to limitations at these locations and rising sex offender committals to prison, it was decided to consider other options within the prison estate to accommodate this cohort of prisoner.

The Progression Unit of Mountjoy Prison is self-sufficient in relation to recreation, education, work and training and there is no requirement for prisoners living in this Unit to interact or traverse to the main prison. For this reason, it was decided that the Progression Unit is a suitable location to accommodate sex offenders.

The process of accommodating sex offenders in the Progression Unit commenced during March 2024. On 29 April 2024, there were 36 sex offenders accommodated in the Progression Unit and it is expected that further movements of this cohort of offender to the Progression Unit will take place in the coming months.

Those who are currently accommodated in the Progression Unit, who are not serving their sentences for sex offences will be moved to alternative suitable accommodation within the prison estate.

Finally, I can advise the Deputy that people in custody are encouraged to avail of the services in their prison. The Incentivised Regime Policy is a national policy available in all prisons which strives to provide tangible incentives to participate in structured activities and to reinforce good behaviour, leading to a safer and more secure environment.

The General Scheme of the Sale of Alcohol intends to modernise our existing licensing laws in line with the expectations and needs of today’s society, and to encourage the development of a modern and diverse night-time economy.

The proposed legislation endeavours to strike a balance between maintaining strict controls and safeguards in relation to the sale of alcohol, while providing support to those involved in our night time economy.

Given the known social and health effects associated with misuse of alcohol, Ireland has, for many decades, operated a restrictive regime for licencing. The General Scheme of the bill retains that approach and will ensure that the sale of alcohol remains closely regulated.

It is my intention to separate the Sale of Alcohol Bill into two Bills. Firstly, I intend to introduce the Intoxicating Liquor Bill 2024. This is a shorter Bill to introduce a number of key reforms contained in the Sale of Alcohol Bill 2022 to modernise our licensing system, including:-   

• The standardisation of opening hours for pubs and off-licences. 

• The introduction of an annual late bar permit and an annual nightclub permit. 

• The inclusion of new grounds of objection in line with the Zero Tolerance Third National Strategy to Tackle Domestic, Sexual and Gender Based Violence. 

• Strengthening of the powers of An Garda Síochána to ensure that public safety and order are maintained. 

• To provide that licensing applications, which are currently heard in the Circuit Court, will move to the District Court. 

• The inclusion of the provision for outdoor seating.  

The Victorian-era laws that were repealed by the Criminal Law (Sexual Offences) Act 1993 caused immeasurable harm to generations of gay and bisexual men, criminalising and stigmatizing them simply because of their sexual orientation.  I am deeply conscious that people who were criminalised by these laws, and their families, are hopeful that a disregard scheme can be put in place in the near future and I want to reassure them that I am absolutely committed to doing so.

In June 2023, I published the final report of the working group that I appointed to examine this issue. The report contains 95 recommendations on the operation of such a scheme, covering matters such as the offences that should be included, the eligibility standards for a disregard, the procedures for applications, decisions and appeals, and how to address cases where there may be insufficient records to determine whether an offence is eligible for a disregard.

My Department is carefully examining the report with a view to developing proposals for a statutory scheme which is legally and procedurally robust, fair and accessible. This work is continuing and I am committed to publishing the relevant Heads of a Bill as soon as practicable.

Under the Review of Policy Options for Prison and Penal Reform 2022-2024, there is a commitment to conduct a review of remission and temporary release to improve rehabilitation and reduce reoffending and overcrowding in prisons. 

As the Deputy will be aware, those sentenced to a definite term of imprisonment generally qualify for one quarter remission on the basis of good behaviour. In the current system, in certain cases of particularly good behaviour, prisoners may apply to the Minister for Justice for enhanced remission, the current rate of which is up to 33% of a determinate sentence. Where a prisoner is found to have committed a breach of prison discipline, such as assaults, intentionally or recklessly damaging property, the detention of any person against their will, escape or absconding, a loss of remission (up to 14 days) can be imposed by the Governor. 

A report of the review was completed and approved in December 2023. This review concluded that current rates of remission should be retained.  This reflects the uniqueness of Ireland’s unconditional early release policy when compared to other jurisdictions, and the judiciary’s awareness of this system during the sentencing process.   It also provides a solid foundation for the development of regulations on the eligibility for parole under section 24 of the Parole Act 2019. 

The Deputy will be aware that work on the development of parole regulations commenced in Q4 2023 and is ongoing.

If a person is an elderly relative of a non-EU/EEA or non-Swiss citizen and they wish to join their family member in Ireland, it may be open to them to apply for permission to reside under Stamp 0 immigration permission. 

Stamp 0 is subject to several conditions and limitations. For example, it does not allow the holder to access any public services, such as health services or public hospitals. Stamp 0 may only be granted if the person can demonstrate that their relative, in Ireland, can support them financially and otherwise. The requirements to allow a person to sponsor an elderly dependent relative are set out in Chapter 18 of the Non-EEA Family Reunification Policy Document available on my Department's Irish Immigration website (www.irishimmigration.ie). 

It is of course entirely understandable that an Irish citizen or a non-EEA national lawfully resident in the State would wish to have their elderly parent residing with them so as to ensure their wellbeing as they get older and for the general enrichment of family life. However, it must also be acknowledged that the potential financial liability for the State of providing medical treatment, perhaps nursing home care and other services to an elderly person who is unable to support themselves is very considerable.

However, each case must be viewed on its particular merits to see if there are circumstances that would warrant a positive decision. The onus must however be on the family to show that there is no viable alternative to the parent(s) coming to Ireland.

Given the level of risk, which cannot be fully mitigated by undertakings of financial support by family members, the financial thresholds for earnings to support an elderly dependent relative must be high enough to meet the foreseeable expense. Therefore, a sponsor of an elderly dependent relative will need to have earned in Ireland in each of the three years preceding the application an income after tax and deductions of not less than €60,000 in the case of one parent and €75,000 where two parents are involved. Where the elderly dependent relative has a guaranteed income into the future this can be used to partially offset the financial limits (bearing in mind however that a person with a sufficient personal income for their needs cannot reasonably be regarded as financially dependent).

I can advise the Deputy that the Non-EEA Family Reunification Policy Document, which was last amended in 2016, is currently under review.

This review is examining a number of detailed matters relating to family reunification applications including, amongst other things, the nature and suitability of current levels of financial requirements for those seeking to be joined by family members.

It is necessary, as part of the review process, to engage with other relevant Government departments and to consider the views of key stakeholders. This process is ongoing and while we are not currently able to give a precise date for completion, it is the intention of the Department to conclude the review at an early stage subject to that process of engagement both across government and more widely.

A total of 868 applications under the Women Farmer Capital Investment Scheme have been received in the first three tranches of the scheme. This includes 171 applications under Tranche 3, which closed for applications on 12 April 2024. Tranche 4 is currently open for applications - to date, six online applications have been submitted. These will not be examined until after the closure of the tranche in September.

To date, a total of 39 applications have been rejected due to the fact that they did not meet the eligibility criteria.

Applications under Tranche 3 are currently being assessed - this may result in further rejections.

Rásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine. 

The question raised by the Deputy is an operational matter for RCÉ and, therefore, the question has been referred to the body for direct reply.

I propose to take Questions Nos. 206 and 207 together.

There are no and have not been designated services of economic interest related to agricultural technology and neither of the bodies in question are part of such an agreement. This is also the case for services related to software for farm management. 

My colleague, the Minister for Enterprise, Trade and Employment, can advise on the current list of designated services of economic interest nationally as reported to the EU. 

I propose to take Questions Nos. 208 and 209 together.

Imports of untreated coniferous roundwood with bark into Ireland are prohibited from areas known to be affected by quarantine bark beetle species. The only area internationally from which this type of import can be made into Ireland is the ‘Pest Free Area’ (PFA) in the West of Scotland. The pest free status is established and maintained by the authorities in Scotland according to international standards. The area remains free of the Great spruce bark beetle, Dendroctonous micans. For as long as this situation pertains this trade can be permitted under the phytosanitary trade rules of the WTO/SPS.

The following table sets out by year the tonnage of logs, primarily spruce logs with bark, imported into Ireland from the Scottish Pest Free Area (PFA) 2020 to 26th April 2024. 

The primary bark beetle of concern to Ireland that is in Scotland and has not been found in the Scottish PFA is the Great spruce bark beetle (Dendroctonous micans). This beetle has not been found in Ireland. Biosecurity measures are in place in Ireland for the importation of plants and plant products including wood (e.g. coniferous roundwood originating in the Scottish PFA) and wood packaging material (WPM) in order to help prevent the entry of harmful pests.

The specifics of the import requirements are set out in the Plant Health Regulation EU 2016/2031 and Commission Implementing Regulation 2019/2072. This legislative framework is established upon scientific knowledge and available information about known pests and their pathway for potential movement from country to country. The system is operated within the WTO-SPS plant health and trade framework to which Ireland is member country. This system is under-pinned by a range of  international standards (International Standards for Phytosanitary Measures – ISPMs) developed under the UN’s International Plant Protection Convention (IPPC).

To further protect our forests, my Department has also negotiated an agreement with the Scottish authorities to increase the area within the Pest Free Zone from which imports to Ireland are no longer taking place.

Separate to the situation with the log imports from Scotland, my Department announced the first finding of the Monterey pine engraver beetle (Pseudips mexicanus) in the Cratloe area of Co. Clare. Scientific research and information supported by DNA analysis indicate this beetle is a species of North and Central America and in this case has specifically identified Mexico as the origin of this bark beetle. It is not a species which occurs in the Scotland.  Spruce, the predominant species traded between Scotland and Ireland,  is not known to be a host of this beetle. The finding of The Monterey pine engraver beetle is not connected with the trade in logs from the Scottish Pest Free Area (PFA). The distribution of the Monterey pine engraver beetle and possible pathway for its introduction are under ongoing investigation.

The Fisheries Control Regulation provides for a Union fisheries control system for ensuring compliance with the rules of the Common Fisheries Policy and establishing a level-playing field across the EU on fisheries control.  The current Control Regulation (Regulation (EU) 2023/2842) entered into force in January 2024 and replaces the previous Control Regulation (Regulation (EC) 1224/2009).

The sales note system is provided for in the Control Regulation as an alternative to sampling plans for vessels under 10 metres, for which logbooks aren't required.  The sales note system therefore provides for the collection of landings data in relation to such vessels.

The Sea Fisheries Protection Authority (SFPA) is the single legal competent authority responsible for the collection and reporting of fish landings into Ireland, including the operation of the sales note system.  I have therefore forwarded the Deputy's question to the SFPA for attention and direct reply.

The advice of the International Council for the Exploration of the Seas (ICES) for Pollack in Areas 6-7 (which includes the waters around Ireland) for 2024 is for zero catch.  Following the conclusion of the EU-UK negotiations on 2024 fishing opportunities for shared stocks, the parties agreed on a limited, by-catch only TAC for Pollack in Areas 6-7 to avoid a "choke" situation which would lead to the premature closure of whitefish fisheries where Pollack is caught as a by-catch.  

The European Maritime, Fisheries and Aquaculture Fund (EMFAF) programme (2021 – 2027), is the primary source of funding for the Irish seafood sector. The objectives set out in the EMFAF Regulation align with those of the Common Fisheries Policy (CFP), and it makes no provision for the fund to be used to compensate fishers for reductions in quota. The UK is no longer a member of the European Union. As such its funding schemes for the seafood sector are not governed by the EMFAF Regulation.

Under our current EMFAF programme my Department is currently working with Bord Iascaigh Mhara (BIM) to develop and implement funding supports for inshore fishers under a new Inshore Scheme, along with support for onboard investment in larger vessels under a new Sustainable Fisheries Scheme. BIM currently administer a Fleet Safety Scheme providing funding to fishers for safety items, and a Seafood Training Scheme (Fisheries), both of which are open for applications. Funding supports to fishers for economic diversification will also be available via the Fisheries Local Action Groups (FLAGs) in due course. My Department and BIM will also be engaging with the inshore sector to progress the development of a successor to the Strategy for Inshore Fisheries Sector 2019-2023 in the coming months, which will provide an opportunity to fully consider the challenges facing the inshore fleet and identify measures to mitigate these challenges.

Each year I carry out a Sustainability Impact Assessment (SIA) to look at the overall impacts the possible fishing opportunities for the following year could have on the sustainability of the fishing sector from a biological, economic and social perspective.  

The SIA involves a public consultation process along with expert contributions from the Marine Institute (MI) and Bord Iascaigh Mhara (BIM).  I also meet with stakeholders, including representatives of the Fishing Industry and environmental NGOs, before presenting the SIA to the Joint Oireachtas Committee on Agriculture, Food and the Marine. 

The SIA is based on the advice on fish stocks published by the International Council for the Exploration of the Sea (ICES).   

The ICES advice also forms the basis of the scientific advice used by the European Commission in proposing Total Allowable Catches (TACs) and informs the EU's negotiating position for consultations with Third Countries, such as the UK. 

Following the conclusion of the EU-UK negotiations on 2024 fishing opportunities for shared stocks, the parties agreed on a limited, by-catch only TAC for Pollack in Areas 6-7 to avoid a "choke" situation which would lead to the premature closure of whitefish fisheries where Pollack is caught as a by-catch.  Given the scientific advice for this stock, the need to balance socio-economic considerations with achieving good biological status for stocks, and taking into account the challenges of managing mixed fisheries, setting a by-catch only TAC is the most appropriate approach.

I propose to take Questions Nos. 213 and 214 together.

The advice on fish stocks published by the International Council for the Exploration of the Sea (ICES) forms the basis of the scientific advice used by the European Commission in proposing Total Allowable Catches (TACs).

I am advised that the ICES stock assessment for Pollack has been thoroughly evaluated and there is no indication that there is a problem with the data.  I am further advised that the process leading to the advice for Pollack was as accurate as possible, within the process that was established for assessing Pollack. 

The analytical model used in 2023 allows for a better assessment of stock status, based on more complete data, than the previous method which relied on landings data only.   In addition to the assessment model outputs, there are a number of independent indicators that support the perception of a declining trend in the stock size, including length-based indicators.

The assessment method on which this advice is based was updated in 2023 following an ICES benchmark process.  A "benchmark" is an ICES process which reviews data, establishes an agreed methodology to assess the stock and defines the reference points for management.  As part of this process, the new analysis was independently peer-reviewed to ensure the best available science is applied. 

The benchmark process is fully transparent and open to participation by stakeholders. The agreed assessment method is the approach that is most robust to remaining uncertainties around the data while providing advice that is based on maximum sustainable yield (MSY) in the long term. 

Ireland is actively involved with the scientific research to improve the understanding of Pollack.  The Marine Institute is taking a leading role in the next ICES benchmark process for this stock, which will be completed in the spring of 2025.  An alternative assessment model, one which uses additional sources of data, will be evaluated as part of this process.

While the preliminary results indicate that this extra information does not change the perception of the stock, the new model will give a more precise estimate of the state of the stock and improve short-term forecasts that determine when the target fishery could re-open.

In addition, the Marine Institute is actively working with scientists from the UK and France on a number of fronts, including genetic analysis of Pollack stock structure and analysing historic data from commercial fisheries, recreational fisheries and scientific surveys.