◎ OireachtasDB

Dail Éireann · 2026-03-19

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions · to the Minister for Justice, Home Affairs and Migration

4 questions · 24 contributions · 3 speakers · 4,725 words

In this session

Most used terms in this session

How often each word appears across the whole session, ranked by how distinctive it is to it rather than common to all parliamentary language.

prison 17
garda 25
dóchas 8
asylum 11
legacy 12
prisons 8
gardaí 11
travel 14
common 13
justice 14
pact 6
síochána 10

The session in full

Every question in the order taken: the question as tabled, where there is one, then the exchange.

An Garda Síochána

Q1 SF Matt Carthy to the Minister for Justice, Home Affairs and Migration

1. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the number of gardaí who attested in 2025; and if he will make a statement on the matter. [20732/26]

SF Matt Carthy

For all the rhetoric, there has actually been very little progress made in tackling the Garda recruitment and retention crisis. There continues to be a severe over-dependence on overtime for routine Garda work. Considering the significant challenges gardaí will face this year, will the Minister inform the House of precisely how many gardaí attested in 2025?

FF Jim O'Callaghan

The number of people we have in An Garda Síochána is extremely important from the point of view of enforcing the law. It is probably the most important part of the functions carried out by us, as Ministers, to ensure that the law we make in this House is enforced.

At present, there is a workforce of approximately 18,000 in An Garda Síochána. This includes 14,397 attested members, 3,527 Garda staff and 308 Garda reserves. Last year, 619 gardaí attested from the Garda College, which, I am pleased to say, was the highest number in seven years. If the Deputy wants to look at this from the point of view of the year of the date of appointment of the Government in January 2025, he will note as well that there was an extra attestation in February of this year, which brought the number who attested up to 786.

Recruitment is going in the right direction. The Deputy used the phrase "recruitment and retention crisis". There is no such crisis. In fact, even the representative associations do not now refer to a crisis. Resignations from An Garda Síochána are really low. Last year, 141 members of the force resigned. That is less than 1%. This is remarkably small when compared with nearby jurisdictions. I know recruitment is going in the right direction because in December, we took in 223 new recruits into Templemore. This is the highest it has been in years. If I can get up to 225 or 250 on each intake, we will get to where we want to be.

SF Matt Carthy

The Minister stated he wants to reach 5,000 attestations over the lifetime of the Government. It does not take much deduction to realise that 619 gardaí attesting in the calendar year of 2025 remains way below what is needed in order meet that goal. That number will come as a surprise to many people, especially when they have heard so much about the fact that over 11,000 people applied to join An Garda last year. That points to a crisis. It certainly points to a failure. Despite the welcome increase in the intakes into Templemore, there has to be a recognition the numbers are still nowhere near where they need to be. What is the Government going to do about this? What additional measures are going to be put in place? We have outlined proposals to increase both the training allowance and the number of training places and to encourage gardaí who have left the force to rejoin it. Has the Minister done any of those things?

FF Jim O'Callaghan

We can agree on one thing, namely that it is heading in the right direction. It is certainly improving. The fact that we have seen the highest number of gardaí attesting in seven years is a very positive story from the point of view of the Irish public.

The Deputy is correct in stating that we ran two recruitment campaigns, in which there was huge interest, last year. We got 11,000 people expressing an interest in applying to join. We are processing those applications much faster. The fact that we got 223 new recruits into Templemore in December is a really positive story. If we can consistently get numbers like that, we will see attestations coming up to the figure of 1,000 and to more than that in the future. The reason we want to do this, as the Deputy will be aware, is because people want to see more gardaí on the streets. On a visit to Cork last week, I heard a very positive account of extra Garda visibility. The same applies in Limerick, as the Minister of State, Deputy Collins, will attest to. A huge amount of work is being done to get the numbers up. That work will continue.

SF Matt Carthy

Of course we want to see more gardaí across all the regions, but we also need to address the failure in terms of numbers. In that context, I am sure the Minister will accept that there is far to much reliance on overtime for routine police work. We have far too few community and roads policing gardaí. We are in what is probably an unprecedented year, with the EU Presidency and the upcoming Ireland-Israel UEFA Nations League game, which, unfortunately, is still going ahead. We still have the potential of a visit by Donald Trump in September.

The Minister mentioned the representative organisations. My understanding is that the Garda Representative Association, GRA, has threatened to refuse voluntary overtime as part of its dispute. An Garda Síochána has classified more than 40 events that will need to be the subject of major security operations during the Presidency . If we are going to rely on overtime for those, it will invariably mean that there will not be enough Garda visibility in areas outside of Dublin. What assurance will the Minister provide to communities that these additional responsibilities for gardaí will not leave their areas under-policed when the events to which I refer are taking place?

FF Jim O'Callaghan

Overtime is always an integral part of the service provided by An Garda Síochána. Every year, there are major events that have to be policed. I have spoken extensively to the Commissioner about the commitments arising from the EU Presidency and the Ireland-Israel soccer match. Whatever happens, the Commissioner has informed me that there will be resources available to police these events.

We want to get as many people as we can into An Garda Síochána. A number of significant changes made in recent times have had a really positive impact. I refer, in particular, to changing the recruitment cut-off age from 35 years to 50. We are now seeing people who are in their 40s and in sedentary careers wanting the excitement of a career in An Garda Síochána. These individuals are joining the force. Also, increasing the mandatory retirement age to 62 has had a very positive impact. I have a very good relationship with all of the associations. They are very co-operative. Like me and, I presume, the Deputy, they want to see what is best for An Garda Síochána and the Irish public.

Common Travel Area

Q2 SF Matt Carthy to the Minister for Justice, Home Affairs and Migration

2. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the position regarding all discussions he has held with British authorities on the implementation of the EU migration and asylum pact and its impact on the common travel area; and if he will make a statement on the matter. [20733/26]

SF Matt Carthy

I was watching in for parts of the Seanad debate on the International Protection Bill. I was interested in, but not a bit surprised about, the failure, either in the Bill or in the EU migration and asylum pact, to have due consideration for the common travel area. The latter was a dominant part of the debate. What discussions has the Minister had with the British authorities regarding the pact's implementation and its impact on the common travel area?

FF Jim O'Callaghan

I thank the Deputy for his very opportune question. Last Friday, at the UK-Ireland Summit 2026 in Cork, I had a discussion with the Secretary of State for Northern Ireland, Hilary Benn, in respect of the common travel area, the new legislation that we are going to enact here and the need to ensure that there will be no abuse of the common travel area. Regrettably, we do see the latter between this jurisdiction and Northern Ireland. Last month, I had a discussion by way of a remote meeting with the Home Secretary, Shabana Mahmood. At that meeting, we had a very extensive discussion about issues relating to asylum, the common travel area and other matters of mutual interest.

As the Deputy knows, the UK is not only not part of the EU asylum pact, it also decided to leave the EU and go it alone. It is fair to say, without being too critical of the UK, that this policy has not worked. In order to be able to combat abuse of the common travel area or asylum mechanisms, countries need to work harmoniously with each other. That is why working within the EU is the best approach from Ireland's point of view. The number of asylum applications in the EU last year were down by 20%. In Ireland, they were down by 30%. They were only down by 4% in the UK.

At present, as the Deputy will be aware, the UK is designated by me a safe third country. Once the legislation commences on 12 June, it will again be designated as a safe third country. As I have repeatedly stated, movement in the common travel area between Northern Ireland and the Republic is not permitted for people who are not citizens. I have engaged with the British Home Secretary on the measures that will be introduced, such as data sharing and operational measures. As the Deputy knows, Operation Sonnet is ongoing.

SF Matt Carthy

We can have our opinions on Brexit. In fact, I am sure we would agree on many points. However, we would also need to agree on the fact that Brexit is a fact of life and that we find ourselves in a unique position. It is a fact that no other state which has signed up to the EU migration and asylum pact is also part of a common travel area with a state outside of the Union. The Minister has repeatedly made the claim, as have other Ministers, that the majority of international protection applicants enter the State via the common travel area. In fact the Minister's review of Protocol 21, which was published last year, acknowledged that the opt-outs we had to things like the migration pact were important in order to maintain the common travel area.

The Minister referred to discussions he has had with British Ministers. Correct me if I am wrong, but I did not hear anything about either a fundamental change or a new bilateral agreement being on the cards.

Does the Minister not accept that this is what is required between this Government and the British Government if we are to have an asylum process that works?

FF Jim O'Callaghan

The basis upon which we think the greatest number of those claiming asylum in Ireland are coming from the UK is the number arriving at the International Protection Office. This year, 90% of people who have claimed asylum in Ireland did so at the IPO. That leads us to believe they are coming across the Border with Northern Ireland. It is a huge challenge whether we are in the migration pact or not. The simplistic view sometimes put forward is that if we had not gone into the migration pact, we would not have this issue. We would have this issue because of our land border with the United Kingdom and the common travel area. We need to emphasise that people who are not citizens of Ireland, the UK or the Channel Islands are not allowed to travel back and forth across the Border on the island of Ireland. We also need to recognise that I have discussed the issue of data sharing with the British Home Secretary and will reach agreement with her on that. That is extremely important in resolving abuses of the common travel area, as are operational measures between An Garda Síochána, the Police Service of Northern Ireland and Border Force. As to getting a written agreement with the British, I cannot force the British Government to enter into an agreement to take back asylum applicants from the Republic.

SF Matt Carthy

You can try, Minister. That is what I am asking. What efforts have been made? I will touch on the designation of Britain as a safe third country. Let us assume the figures the Minister has given are accurate, although a lot of work needs to be done on the collection of data as to where IP applicants are coming from. Section 220 of the International Protection Bill 2026 requires the Minister to be satisfied that any proposed safe third country fully meets EU standards, particularly in relation to non-refoulement and access to a functional asylum system. Will the Minister outline the assessments that his Department has carried out as to the prospects of Britain meeting these criteria and how these will be assessed? Has analysis been carried out as to what happens if Britain does not meet statutory and EU requirements or if a legal challenge to such designation in the courts were to be successful? The Minister will agree that if the figures he has cited are anywhere close to the reality, this would create huge problems, which could potentially derail the entire system he intends to implement.

FF Jim O'Callaghan

At present, the UK is designated by me as a safe third country. That designation was done on the basis of an assessment. By 12 June, I will designate it as a safe third country under the new legislation, provided I get the assessment. There is no reason to think the assessment will change. Circumstances in Britain have not changed since I previously designated it as a safe third country. On the impact of this measure, under the legislation, certain applications from people who come from a safe third country will be inadmissible. It will also be possible to return people to a safe third country.

As the Deputy will know, when it comes to the deportations that take place and that have taken place, I can only deport or remove people to countries that are prepared to receive them. I cannot just charter a flight, land it in the UK and say "Here you are". Co-operation with the UK is required. I have a very good relationship with the Home Secretary. There is recognition of the issues that arise in respect of the common travel area and there will be an agreed response from the Irish and UK Governments. It is a difficult challenge. Can the Deputy come up with a simple response to it? I am not being facetious but the only way to stop it is to put a hard border on the island and we do not want to do that.

Prison Service

Q3 SD Gary Gannon to the Minister for Justice, Home Affairs and Migration

3. Deputy Gary Gannon asked the Minister for Justice, Home Affairs and Migration if he will respond to reports that women prisoners are being held in degrading and overcrowded conditions in the Dóchas Centre; and whether the Government accepts that continuing to rely on incarceration without sufficient investment in alternatives to custody, risks simply warehousing vulnerable women in the prison system. [20842/26]

SD Gary Gannon

Will the Minister respond to reports that women prisoners are being held in degrading and overcrowded conditions in the Dóchas Centre? Does the Government accept that continuing to rely on incarceration without sufficient investment in alternatives to custody risks simply warehousing vulnerable women in the prison system? The phrase "warehousing vulnerable women" is not something I have concocted myself. It was used in a report presented to the Minister's Department, which has yet to be released.

FF Jim O'Callaghan

I thank Deputy Gannon very much for his question. I am concerned about overcrowding in the Dóchas Centre, the female prison in Mountjoy. To make the House aware of some statistics regarding the centre, as of yesterday, there were 223 women in custody in Mountjoy, 29 of whom were on mattresses. The centre's bed capacity is 146. I am concerned about this. I previously said that I do not have the same level of concern in respect of the women's prison in Limerick, which I know the Deputy has visited. That is true because, as I am sure the Deputy will appreciate, that is a very modern prison.

What is the solution to this? Part of the solution has to be creating more spaces within the Dóchas Centre. I am not saying that is the only solution but it must be part of it. There are plans to build another 65 spaces across the prison system in 2026, 26 of which will be new spaces for the Dóchas Centre. That will increase capacity to 172. As I have indicated previously, I have got approval from Government to develop further prison spaces between 2026 and 2030. The projects that I have got approval for include an extension to Rowan House at the Dóchas Centre that is expected to accommodate 50 female prisoners. There has to be some recognition that more spaces are required. That is my response in respect of that.

An awful lot of work is also being done to ensure that services are provided to facilitate women in availing of supervised temporary release. A scheme is being run by the Irish Prison Service to support the needs of women who are transitioning from prison to the community. The pilot is located in Limerick women’s prison and I am advised that, to date, over 50 women have accessed the scheme, with approximately 25 successful completions. An evaluation of the programme is under way. I will give the Deputy further information on my proposals when I respond to him again.

SD Gary Gannon

I thank the Minister for his response. The figures are fairly stark. Last night, the Dóchas Centre was at 153% of its capacity and 29 women were sleeping on the floor. Can the Minister imagine what that does to a person's capacity for rehabilitation and sense of place in the world? I understand these people have committed crimes and that there are consequences to that but the consequences of placing people in these conditions go well beyond what is appropriate to the crime, impacting their families and their children. I appreciate the Minister has said that 26 extra spaces will be provided at the Dóchas Centre during his term but that same report that has not been released yet also highlighted the fact that the Garda National Immigration Bureau is showing up at overcrowded prisons to place people into them without any consultation with the prison guards. That is extraordinary and it is happening on the Minister's watch. These 26 extra spaces will not fix this. We need something far more radical and different.

FF Jim O'Callaghan

To deal with the issue of the report, that report will be published this week. I only got to look at it in the past ten days or so. I have approved it and it will be published this week. On the other measures that can be put in place, I do not believe prisons are the solution to all of the ills of society. We obviously need a combined approach in respect of these issues. The Probation Service plays a very important role. This year, it is providing over €21 million in funding to 60 community organisations to cover the costs of providing services and programmes. Probation obviously plays a big role. When this House enacts the miscellaneous provisions Bill, it will provide for the greater use of community sanctions and community service orders.

With regard to what the Deputy has said about deportations, I recognise the pressures this puts on the prison system. Perhaps we need a separate place where people who are going to be subject to enforced deportation can be detained. That is something I will look at.

SD Gary Gannon

I would definitely like to hear a lot more about these separate places because we still have not ratified the Optional Protocol to the Convention against Torture, OPCAT, on the prevention of torture. Today, I am here talking about the Dóchas Centre. A couple of weeks ago, I was talking about the women's prison in Limerick. The conditions in the men's prisons are extraordinary. We had the Inspector of Prisons before the committee a couple of months ago and his contribution was jaw-dropping. He spoke about conditions in our prison system being tantamount to torture. We know recidivism rates are nearly seven out of ten in this country. Is it time to be more radical? What would a citizens' assembly on prisons and incarceration in this country look like? We should begin a full exploration of our prison system. What is working and what is very clearly not working? What do we need to do differently and what can we do differently? Do we really need to imprison women whose children will have to visit them and be traumatised by that prospect?

There are a lot of things we can do if we had a vision for something very different. Clearly, what we have is not only not working, it has been described as being tantamount to torture.

FF Jim O'Callaghan

I do not agree that it is tantamount to torture. Like the Deputy, I have visited the majority of prisons. I have visited seven, and I will be visiting another one very shortly that I have not visited already. There is a lot of excellent work going on in prisons. Many people who come out of prison do not go on to offend again. That is particularly the case in respect of serious offences. I am well aware that there are people in prison who, because of addiction issues or chaotic lives, do go on to commit further offences. That is a challenge in terms of how it can be responded to.

I engaged with the Inspector of Prisons, Mr. Kelly, and had a good conversation with him in respect of this issue. At present, we have about 5,800 people in prison. We have a population of 5.5 million. Ours is not a society that is at the higher echelons of incarceration, either in Europe or across the wider world. We have a moderate view in terms of who needs to be incarcerated. As the Deputy knows, however, there are debates in this House on a variety of issues, including that of victims saying that they want justice, and justice sometimes requires incarceration.

Miscarriages of Justice

Q4 SF Matt Carthy to the Minister for Justice, Home Affairs and Migration

4. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration if he will establish a historical investigations unit, as proposed by the Irish Council for Civil Liberties and the Committee on the Administration of Justice, to allow for independent police investigations into unresolved deaths and incidents of torture or ill-treatment; and if he will make a statement on the matter. [20734/26]

SF Matt Carthy

I am sure the Minister's office is even more inundated than mine in respect of this matter. Anybody who has ever been a member of the justice committee will have dealt with a huge number of outstanding legacy issues relating to the ongoing legacy of the Garda heavy gang, unresolved cases relating to the conflict and other historical investigative failures. How we have dealt with those matters has been a matter of much debate. The Irish Council for Civil Liberties and the Committee for the Administration of Justice proposed the establishment of a historical inquiries unit. That proposal merits consideration. Is the Minister considering the establishment of such a unit?

FF Jim O'Callaghan

We need to be balanced about this matter. Obviously, there are legacy issues arising from the Troubles in Northern Ireland. The Deputy mentioned the Garda heavy gang. We also have to acknowledge that murders carried out by the Provisional IRA give rise to legacy issues that need to be resolved.

One of the inadequacies of the Good Friday Agreement is that it does not really deal with legacy issues at all. Governments have been grappling with this matter since then. Regrettably, and this applies in many instances, legacy is being used as a political tool. However, we do have to try to deal with legacy issues. Where there are historical offences, it is important that we try to resolve them.

It is important to say that there is no de facto moratorium or amnesty in this jurisdiction in respect of any murders or serious criminal activities that took place during the Troubles in Northern Ireland. That does not happen. There are many serious events that occurred that have still not been resolved. People have not got justice in respect of them. From speaking to An Garda Síochána and officials within my Department, I know that the relevant files remain open.

There has been progress recently. The framework agreement between the two Governments has given rise to a commitment that there a statutory regime to deal with Troubles-related killings, as they are referred to, or incidents will be put in place. That legislation, as the Deputy knows, is going through the Houses of Parliament in the UK. In May, I will bring forward a general scheme to Government in respect of corresponding inquiries here. The Garda Commissioner established a Troubles legacy liaison unit at the beginning of the year. That is an important development.

SF Matt Carthy

Of course, there are a range of historical cases. I am talking about cases in this State in respect of which justice and accountability have not been delivered. There are well-known cases of collusion and cases relating to the legacy of the conflict. The actions of the Garda heavy gang need to be addressed, particularly as those involved were central to a number of miscarriages of justice. The 50th anniversary of the Sallins case is approaching. There was no accountability for the actions of the gardaí involved in those events. The Kerry babies case is an outstanding area of concern. Little or nothing has been done regarding a number of conflict-related events, including the killing of Eddie Fullerton, the Dublin Airport bombing, the Dublin-Monaghan bombings and the case of John Francis Green in my constituency. All of these cases cast a shadow in terms accountability and give rise to an ongoing burden for the families involved.

The Irish Government has supported the establishment of an historical inquiries unit in the North. Why will it not do the same in this State?

FF Jim O'Callaghan

The Deputy has fallen into the trap that I identified earlier. It is difficult not to do that. He stated that the actions of the Garda heavy gang need to be addressed. The murders carried out by the Provisional IRA also need to be addressed. The Deputy referred to Eddie Fullerton, a Sinn Féin councillor who was brutally murdered. The murder of Billy Fox, a Member of these Houses, needs to be addressed. The murder of Robert Bradford needs to be addressed. We cannot be selective about which atrocity we want to focus upon. That is why the legacy framework that has been agreed to by both Governments is welcome.

The Deputy mentioned the Sallins train robbery. I have already given a response on that matter. I am not going to have a public inquiry in respect of it. If it comes within the parameters of the legacy issues in due course, so be it. The issue in that regard relates to a robbery occurred 50 years ago. Two people had their convictions overturned in 1980. A presidential pardon was given to a third person in 1992. Financial settlements were subsequently made. I want to focus on where justice has not been delivered.

SF Matt Carthy

That answer speaks volumes. Let me be clear: every family that lost a loved one deserves truth and justice. I say that without equivocating or engaging in whataboutery. Let us deal with the Sallins case. Anyone looking at the detail of that matter can see that the investigation was rotten from start to finish. People's confessions were coerced, and that undermined the justice system. The problem is that, under the current framework, the Minister can just say that he does not think there should be a public inquiry. It should not be up to him, me or any other politician to decide which families are entitled to truth and justice. We should have a stand-alone mechanism for people, regardless of their background, the amount of money they have or their level of political influence. If individuals are entitled to the truth, they should have recourse to get it. Otherwise, how do we not create a scenario whereby there is the potential for political favouritism and a feeling that some people are entitled to truth and justice and others are not? That is why the proposal from the Irish Council for Civil Liberties and the Committee for the Administration of Justice warrants consideration.

FF Jim O'Callaghan

I am going to conclude on a point of harmony. The Deputy makes a valid point. We do not want people to be selecting individual atrocities for the purpose of investigation. That is what the legacy framework is about. It will predominantly deal with Troubles-related killings. Those are the ones that have to be prioritised in the context of families that have not got justice yet and where there have been no prosecutions let alone convictions. There has been political agreement, but I would like to see legislative co-ordination between both jurisdictions to allow Troubles-related killings to be inquired into. Inquiries would focus on killings that happened during certain periods, and we would not have to decide who would get a public inquiry.

The call from the Irish Council for Civil Liberties related to an inquiry in respect of Sallins. I am not going to do that. I hear the point the Deputy is making. We will benefit from having enacted legislation in both jurisdictions that allows for an independent quasi-judicial inquiry into and investigation of Troubles-related killings.