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Tuesday, 30 Apr 2024

Written Answers Nos. 498-517

Citizenship Applications

Questions (498)

Bríd Smith

Question:

498. Deputy Bríd Smith asked the Minister for Justice if she will clarify the reason a person (details supplied) who attended the citizenship ceremony at the National Concert Hall on 26 February 2024, has still not received their certificate eight weeks later; and if she will make a statement on the matter. [19052/24]

View answer

Written answers

I recognise that the delay in receiving a Naturalisation Certificate is frustrating for people and my Department is examining on how to speed up the delivery of Certificates for future Ceremonies to be held this year.

Any applicants that are yet to receive their certificate from the February Ceremony can be assured that they will receive their Certificate of Naturalisation via registered post in the coming weeks.

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.

Last year Citizenship Division more than doubled the number of Citizenship Ceremonies available to applicants with 15 held over the course of the year. These took place in the RDS, Dublin in March, in the INEC, Killarney in June, and in the Convention Centre in both October and December. This was a significant increase on 6 Citizenship Ceremonies held in 2022.

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

Queries in relation to individual immigration cases may be made directly to my Department by email 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 email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.

European Union

Questions (499)

Aodhán Ó Ríordáin

Question:

499. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the exact nature and current status with regard to the European Commission’s announcement of 7 February 2024 that it was sending Ireland a reasoned opinion for failing to comply with certain obligations under the Regulation on the dissemination of terrorist content online (INFR(2022)2121); and if she will make a statement on the matter. [19065/24]

View answer

Written answers

The EU Regulation on addressing the dissemination of terrorist content online (Regulation (EU) 2021/784), referred to as the Terrorist Content Online Regulation or TCOR, provides an EU wide mechanism for the speedy removal of terrorist content online. Terrorist content includes content that incites or solicits terrorism, such as glorification or instructional content, as well as threats to commit a terrorist act. Competent authorities across the EU can direct its removal within one hour by any hosting service provider, regardless of the Member State in which that provider is based. As a European Union Regulation, the TCOR has direct effect and has applied since 7 June 2022. Nonetheless, there are elements of the Regulation, relating to the empowerment and designation of national competent authorities, that require the enactment of domestic legislation in order to be given effect and it is these elements that have led to a delay in achieving full implementation. Ireland is one of a number of Member States who have been made subject to infringement proceedings by the European Commission in this regard. Those proceedings relate to the designation of competent authorities under Article 12 and the requirement to lay down rules on penalties under Article 18.I am happy to update the Deputy on the progress being made. An Garda Síochána was designated as competent authority for the issuing of removal orders in May 2023. Coimisiún na Meán was designated as a competent authority in respect of the oversight of hosting service providers in November 2023.

The Government has also agreed to designate Coimisiún na Meán as competent authority for the imposition of sanctions on hosting service providers once a legislative amendment that will allow this is made; this provision is included in the General Scheme of the Criminal Justice (Protection, Preservation of and Access to Data on Information Systems) Bill 2024. This designation will also resolve the infringement relating to Article 18. Lastly, work is ongoing to complete the designation of an appropriate entity as authority competent for the scrutiny of cross-border removal orders; in the meantime, service providers and content providers have the right to challenge removal orders in the courts of the Member State who issued the order.I can assure the Deputy of Ireland’s commitment to full implementation, and to continuing the considerable work ongoing to give effect to this commitment.

An Garda Síochána

Questions (500)

Niall Collins

Question:

500. Deputy Niall Collins asked the Minister for Justice if she will extend the online application service for GNIB cards to Limerick, where applicants are experiencing significant wait times; and if she will make a statement on the matter. [19079/24]

View answer

Written answers

My Department's Registration Office in Burgh Quay is responsible for registering immigration permissions for non-EU/EEA nationals residing in the Dublin area, and has recently extended this responsibility to Meath, Kildare and Wicklow, including the online renewal system.

An Garda Síochána has oversight of the first registration and renewal of immigration residence permissions for non-EU/EEA nationals residing outside of the Dublin, Meath, Kildare and Wicklow areas. I have no role in regard to the scheduling of these appointments.

The Garda Commissioner has advised that every effort is being made to reduce the waiting time in Limerick. An additional Garda member has been assigned on a full-time basis since mid-January 2024. This brings the number of Immigration officers to 5 as well as a registration officer. An additional desk has been set up to allow extra registrations, which is expected to further reduce waiting times.

The Commission on the Future of Policing in Ireland (COFPI) recommended that immigration administrative functions should transfer from the Garda National Immigration Bureau (GNIB) to the Immigration Service Delivery (ISD) function of the Department of Justice.

With effect from 8th April, first time registrations and immigration residence renewals for counties Meath, Kildare and Wicklow transferred from An Garda Síochána to the Burgh Quay Registration Office of my Department.

My Department and An Garda Síochána continue to engage intensively on the scope of further immigration operations to transfer to the Department and a roadmap outlining the functions for transfer is being finalised. This will set out the timeline for the transfer of work relating to the nationwide first registrations and renewals of residence permissions for all other counties from An Garda Síochána to the Registration Office.

It is intended that the nationwide transfer of registration functions will be substantially completed within the next 12 months.

Immigration Status

Questions (501)

Niall Collins

Question:

501. Deputy Niall Collins asked the Minister for Justice for an update on an undocumented regularisation appeal (details supplied); and if she will make a statement on the matter. [19080/24]

View answer

Written answers

An appeal by the person concerned under the Regularisation of Long Term Undocumented Migrants scheme has been received and continues to be processed.

It is not possible to provide a guideline as to when processing of all appeals will be completed. It should be noted that processing times may vary depending on the complexity of the application and the number of appeals received.

Queries in relation to the status of individual immigration cases may be made directly to my Department by email 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 email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.

An Garda Síochána

Questions (502)

Jim O'Callaghan

Question:

502. Deputy Jim O'Callaghan asked the Minister for Justice the number of vehicles seized by gardaí in the U district within DMR for having no insurance in 2023 and to-date in 2024, in tabular form; and if she will make a statement on the matter. [19097/24]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, which includes the enforcement of road traffic legislation. As Minister, I have no role in such matters.

The table below, which was provided to me by the Garda authorities, sets out the number of vehicles seized by Garda authorities in the U district for having no insurance in 2023 and to date in 2024.

2023

2024*

166

100

*2024 figures cover the time period from 1 January 2024 to 24 April 2024.

I am informed that figures are based on incidents occurring from 1 January 2023 to 24 April 2024, inclusive. All information contained in this report is based upon operational data from the Pulse system as was available on 25 April 2024, and is operational and liable to change.

I am further informed that vehicles listed above relate to those detained under S41 of the Road Traffic Act

An Garda Síochána

Questions (503)

Jim O'Callaghan

Question:

503. Deputy Jim O'Callaghan asked the Minister for Justice the number of gardaí in each division within DMR that have received additional specialist public order training to deal with major violence disorder incidents to date in 2024, in tabular form; and if she will make a statement on the matter. [19098/24]

View answer

Written answers

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business, including the training of Garda members and staff. As Minister, I have no role in the specific training provided to any Garda member to undertake any part of their duties.

I am informed by the Garda authorities that training courses available from the Garda College are provided on a needs basis, and with regard to the operational requirements of the Garda organisation.

You may also be interested to know that, in order to further support front-line Gardaí, including Public Order Units, the Garda Senior Management Team has agreed on a range of measures, which includes the following:

• stronger incapacitant spray,

• expansion of the dog unit,

• increasing public order training,

• more tasers for public order policing, and

• provision of hand-held video cameras for public order units.

The table below, which was provided to me by the Garda authorities, provides a breakdown of Gardaí within the DMR who have received additional specialist training. I am also advised that the Garda authorities will not report on numbers that are less than 10 for operational reasons.

D.M.R. EAST

D.M.R. NORTH

D.M.R. NORTH CENTRAL

D.M.R. Roads Policing

D.M.R. SOUTH

D.M.R. SOUTH CENTRAL

D.M.R. WEST

55

54

61

Less than 10

64

87

83

An Garda Síochána

Questions (504)

Jim O'Callaghan

Question:

504. Deputy Jim O'Callaghan asked the Minister for Justice further to Parliamentary Question No. 862 of 9 April 2024, if she has received the necessary information from the Garda authorities to have this PQ answered; and if she will make a statement on the matter. [19099/24]

View answer

Written answers

I have sought the information requested by the Deputy from An Garda Síochána, however, this information has not yet been received in time. I will write to the Deputy directly once it is to hand.

An Garda Síochána

Questions (505)

Jim O'Callaghan

Question:

505. Deputy Jim O'Callaghan asked the Minister for Justice the amount spent on purchasing additional Garda public order equipment in the years of 2023 and to-date in 2024, in tabular form; and if she will make a statement on the matter. [19100/24]

View answer

Written answers

I have requested the information sought by the Deputy from the Garda authorities. Unfortunately, the information was not received in time. I will contact the Deputy directly once the information is to hand.

An Garda Síochána

Questions (506)

Jim O'Callaghan

Question:

506. Deputy Jim O'Callaghan asked the Minister for Justice if she will report on Garda Operation Satailt; the number of persons arrested and charged under this operation; and if she will make a statement on the matter. [19101/24]

View answer

Written answers

It has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand.

An Garda Síochána

Questions (507)

Jim O'Callaghan

Question:

507. Deputy Jim O'Callaghan asked the Minister for Justice the number of fixed penalty notices issued by gardai within F District within DMR for driving a vehicle while holding a mobile phone in the years of 2022, 2023 and to-date in 2024, in tabular form; and if she will make a statement on the matter. [19103/24]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, which includes the enforcement of road traffic legislation. As Minister, I have no role in these matters.

The table below, which was provided to me by the Garda authorities, sets out the number of Fixed Charge Notices issued by Garda authorities in the F district for holding a mobile phone.

2022

2023

2024*

169

91

44

*2024 figures cover the time period from 1 January 2024 to 24 April 2024

I am informed that figures are based on incidents occurring from 1 January 2022 to 24 April 2024, inclusive. All information contained in this report is based upon operational data from the FCPS system as was available on 25 April 2024, and is operational and liable to change.

An Garda Síochána

Questions (508, 511)

Jim O'Callaghan

Question:

508. Deputy Jim O'Callaghan asked the Minister for Justice the number of detective inspectors allocated to each District within DMR as of 23 April 2024; if she will provide same figures as of 30 June 2022, in tabular form; and if she will make a statement on the matter. [19104/24]

View answer

Jim O'Callaghan

Question:

511. Deputy Jim O'Callaghan asked the Minister for Justice the number of detective superintendents allocated to each Division within DMR as of 23 April 2024; and if she will make a statement on the matter. [19107/24]

View answer

Written answers

I propose to take Questions Nos. 508 and 511 together.

For the Deputy's information, the table below, which was supplied to me by the Garda authorities, sets out the number of Detective Inspectors and Detective Superintendents in An Garda Síochána DMR as of 23 April 2024, the latest date for which figures are available. Please note that these figures are operational and may be subject to change.

DMR

Detective Inspector

Detective Superintendent

23/04/2024

15

*

30/06/2022

*

*

* denotes a figure less than ten. I am advised that the Garda authorities will not report on numbers that are less than 10 for operational reasons.

An Garda Síochána

Questions (509)

Jim O'Callaghan

Question:

509. Deputy Jim O'Callaghan asked the Minister for Justice further to Parliamentary Question number 863 of 9 April 2024, if she has received the necessary information from the Garda authorities to have this PQ answered; and if she will make a statement on the matter. [19105/24]

View answer

Written answers

I can advise the Deputy that difficulties in relation to the execution of warrants are a long-standing issue for many police services around the world, notably relating to persons actively seeking to evade detection and where limited identification information might be available to support enforcement. These difficulties are compounded where the warrant has been outstanding for some years.

I am assured by the Garda authorities that An Garda Síochána executes warrants as expeditiously as possible, giving priority to the execution of warrants relating to serious crimes.

I am further advised that there were 950 outstanding penal warrants in the Coolock district of the DMR on 31 March 2024, and that all of these are outstanding for more than six months.

Figures were collated based on PULSE data as of 10 April 2024. These figures are operational and may be liable to change.

An Garda Síochána

Questions (510)

Jim O'Callaghan

Question:

510. Deputy Jim O'Callaghan asked the Minister for Justice the number of gardai by rank attached to each of the four National Cyber Crime Bureau satellite hubs as of 23 April 2024; and if she will make a statement on the matter. [19106/24]

View answer

Written answers

The Government is committed to taking measures to combat and prevent cybercrime.

There is close cooperation across the whole of Government on this issue, including between An Garda Síochána and the National Cyber Security Centre.

I recently had the opportunity to visit the Garda National Cyber Crime Bureau and to thank the highly skilled Gardaí first hand for the very important work they do.

The Government is committed to ensuring that An Garda Síochána has the resources it needs to fight crime. The 2024 allocation provides a budget of over €2.35 billion to An Garda Síochána, representing a 25% increase since 2020. This unprecedented budget will strengthen the work of specialist units within An Garda Síochána such as the Garda National Economic Crime Bureau and the Garda National Cyber Crime Bureau.

As part of Budget 2024's unprecedented allocation, €155 million has been allocated for digital capital investment and IT. I am satisfied that the Cybercrime Bureau are constantly developing their expertise and capability in this vital field and the tools they are currently deploying are cutting edge. Crucially they also cooperate closely with overseas partners in combatting this borderless crime.

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including for the recruitment, training and deployment of Garda members and Garda Staff. As Minister, I have no role in such matters.

To be of assistance to the Deputy I sought the information requested by the Deputy from the Garda authorities and have been informed that, as of 26 April 2024, the four Garda National Cyber Crime Bureau Satellite Hubs are staffed as follows:

Galway – 1 Detective Sergeant, 6 Detective Gardaí

Wexford – 1 Detective Sergeant, 5 Detective Gardaí

Cork – 1 Detective Sergeant, 7 Detective Gardaí

Mullingar – 5 Detective Gardaí

I am advised that the Detective Sergeant position in Mullingar is currently vacant and members are supervised by a Detective Sergeant based in Dublin.

Question No. 511 answered with Question No. 508.

An Garda Síochána

Questions (512)

Jim O'Callaghan

Question:

512. Deputy Jim O'Callaghan asked the Minister for Justice the number of new marked Garda cars that came into the fleet in 2023 and to-date in 2024; the number of marked Garda cars that were withdrawn from the fleet during same period, in tabular form; and if she will make a statement on the matter. [19108/24]

View answer

Written answers

The unprecedented allocation of over €2.35 billion for 2024 to An Garda Síochána demonstrates the Government's commitment to ensuring An Garda Síochána has provision for the equipment, technology, facilities, fleet and personnel it needs to carry out its vital policing work.

On 31 March 2024 there were 3,513 vehicles in the Garda fleet, the highest ever and a 34% increase since 2015.

I am advised by the Garda authorities that the table below shows marked Garda cars allocated to and removed from the fleet in 2023 and to date in 2024.

-

Allocated

Removed

2023

71

92

2024 up to 31/03/24

24

0

The purchase and allocation of vehicles by An Garda Síochána is made on the basis of identified operational demands, the availability of resources and is reviewed on a continual basis.

An Garda Síochána

Questions (513)

Jim O'Callaghan

Question:

513. Deputy Jim O'Callaghan asked the Minister for Justice the number of aggravated burglaries reported to gardai in the B District within DMR in the first three months of 2024; and if she will make a statement on the matter. [19109/24]

View answer

Written answers

As the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics.

The CSO produces these statistics using data recorded on An Garda Síochána’s PULSE system and makes regular releases in relation to various crime statistics. The most recent statistics were released on 25 March 2024, providing statistics for Recorded Crime for Quarter 4 (Q4) 2023.

I understand that the "B District" referred to by the Deputy relates to Dublin Metropolitan Region (DMR) South Central Division, Pearse Street District. Figures in respect of the number of Aggravated Burglaries Offences reported to Gardaí in the DMR South Central Division can be found on the CSO website at the following link: data.cso.ie/table/CJQ06.

However, it is worth noting that crime statistics for Q1 of 2024 are not yet available and are due to be published by the CSO towards the end of June.

I am informed by the Garda Authorities that no incidents of Aggravated Burglary were reported within Pearse Street (B) District during Q1 2024.

An Garda Síochána

Questions (514)

Jim O'Callaghan

Question:

514. Deputy Jim O'Callaghan asked the Minister for Justice if the necessary funding will be provided for the issuing of a personal protective helmet to be issued to each frontline Garda; and if she will make a statement on the matter. [19110/24]

View answer

Written answers

As the Deputy will be aware, the Garda Commissioner is the Accounting Officer for the Garda Vote under the Garda Síochána Act 2005 (as amended) and is accountable for the economy and the efficiency of the Garda Síochána in using its resources. As Minister, I have no role in such matters.

The unprecedented allocation of over €2.35 billion for 2024 to An Garda Síochána demonstrates the Government's commitment to ensuring An Garda Síochána has provision for the equipment, technology, facilities, fleet and personnel it needs to carry out vital policing work.

On a day-to-day basis, a Garda is equipped with a utility belt, torch, handcuffs, ASP baton, CS spray, radio and stab vest while on duty. Helmets are issued to members of An Garda Síochána assigned to duties such as motorcycle duties, pedal cycle duties, air support unit duties, public order duties, amongst others.

I am informed that further procurement and any required issuing of new personal protective helmets will be considered as part of the broader An Garda Síochána Estimates process for 2025 which will be progressed in the coming months.

An Garda Síochána

Questions (515)

Jim O'Callaghan

Question:

515. Deputy Jim O'Callaghan asked the Minister for Justice the number of gardai by rank attached to each Divisional Street Crime Unit within DMR as of 23 April 2024, in tabular form; and if she will make a statement on the matter. [19111/24]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including managing the deployment of personnel among the various Garda Divisions. As Minister, I have no role in these matters.

I am assured that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities.

The Government is committed to ensuring that An Garda Síochána has the resources it needs to keep people safe. An Garda Síochána has been allocated unprecedented funding of over €2.35 billion for 2024 representing a 25% increase since 2020. This funding will allow for the continued recruitment of Garda members and staff.

The table below, provided to me by the Garda authorities, outlines the number of Garda members by rank attached to the Street Crime Units in the Dublin Metropolitan Region:

-

Sergeant

Garda

DMR South Central

Less than 10

Less than 10

DMR North Central

Less than 10

12

As the Deputy may be aware, further data is not released by An Garda Síochána for counts of fewer than 10 for data protection and security reasons.

European Union

Questions (516)

John Paul Phelan

Question:

516. Deputy John Paul Phelan asked the Minister for Justice to list all Acts and Statutory Instruments sponsored by her Department which became law from 20 February 2020 to date in 2024 and which were necessitated, either in whole or in part, to transpose or give effect to regulations, directives or other measures passed at European Union level. [19170/24]

View answer

Written answers

My Department continues to put in place the necessary measures to ensure the full transposition, implementation and enforcement of EU law in Ireland, as appropriate.

The information requested by the Deputy is presented in the table below.

Regulations, Directives or other measures passed at European Union level

Act / Statutory Instrument

Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention; and to provide for related matters

Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020.

Commission Implementing Regulation (EU) 2018/337 of 5 March 2018 amending Implementing Regulation (EU) 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable

S.I. No. 283/2020 - European Union (Designation of Verifying Entities for Deactivation of Firearms) Regulations 2020

Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA

S.I. No. 432/2020 - European Union (Prevention and Combating of Human Trafficking) (National Rapporteur) Regulations 2020

Directive (EU) 2017/853 of the European Parliament and of the Council of 17 May 2017 on control of the acquisition and possession of weapons and Commission Implementing Directive (EU) 2019/68 of 16 January 2019 establishing technical specifications for the marking of firearms and their essential components

S.I. 283 of 2021 - European Communities (Acquisition and Possession of Weapons and Ammunition) (Amendment) Regulations 2021

The Act provides for the transposition of outstanding elements of Directive 2014/62/EU on the protection of the euro and other currencies against counterfeiting. The Act also provides for the implementation of a number of other European instruments in relation to the protection of the euro from counterfeiting and concerning measures to ensure the appropriate authentication of euro coins and notes, including Regulation (EC) No. 1338/2001, Regulation (EU) No. 1210/2010 and the Decision of the European Central Bank (ECB/2010/14).

Counterfeiting Act 2021

Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU; and to provide for related matters

Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021

EU Council Directive 2002/90/EC EU Framework Decision 2002/946/JHA UN Protocol against the Smuggling of Migrants by Land, Sea and Air,supplementing the UN Convention against Transnational Organized Crime(2000).

Criminal Justice (Smuggling of Persons) Act 2021

Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 20171 on the fight against fraud to the Union’s financial interests by means of criminal law; for that purpose to amend the Criminal Justice (Theft and Fraud Offences) Act 2001 and other enactments; and to provide for related matters.

Criminal Justice (Theft and Fraud Offences) (Amendment) Act 2021

Title VII of Part Three of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, done at Brussels and London on 30 December 2020 and to the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, done at Vienna on 28 June 2006, approved on behalf of the European Union by Council Decision of 27 November 2014

European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

S.I. No. 297/2021 - European Union (Enforcement of data subjects’ rights on transfer of personal data outside the European Union) Regulations 2021

Commission Implementing Directive (EU) 2019/69 of 16 January 2019 laying down technical specifications for alarm and signal weapons under Council Directive 91/477/EEC on control of the acquisition and possession of weapons

S.I. No. 180/2022 - European Communities (Alarm and Signal Weapons) (Technical Specifications) Regulations 2022

Directive (EU) 2021/555 of the European Parliament and of the Council of 24 March 2021 on control of the acquisition and possession of weapons

S.I. No. 209/2022 - European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022

Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings

S.I. No. 549/2022 - European Union (Right to Information in Criminal Proceedings) Regulations 2022

Titles VIII and XI of Part Three of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, done at Brussels and London on 30 December 2020

European Union (Criminal Justice (Mutual Assistance) Act 2008) (Amendment) Regulations 2022

Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA

S.I. No. 22/2023 - European Union (Money Laundering and Terrorist Financing) (Use of Financial and Other Information) Regulations 2023

Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online

S.I. No. 270/2023 - European Union (Online Dissemination of Terrorist Content) (Designation of the Commissioner of the Garda SÍochána as a Competent authority) Regulations 2023

Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online

S.I. No. 545/2023 - European Union (Online Dissemination of Terrorist Content) (Designation of Coimisiún na Meán as a Competent Authority) Regulations 2023

Council Framework Decision 2008/909/JHA of 27 November 20081 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA

Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

Council Framework Decision of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA.

European Arrest Warrant (Amendment) Act 2024.

The relevant EU legislation in this regard is the ‘Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States’ (Directive 2004/38/EC), which was published in 2004.

S.I. No. 728 of 2020 - European Union (Withdrawal Agreement) (Citizens’ Rights) Regulations 2020

These Regulations introduce amendments to the European Communities (Reception Conditions) Regulations 2018 on labour market access for international protection applicants.The amendment reduces the timeframe for eligibility for labour market access from 9 to 6 months after lodging an international protection application, if no first instance decision has been taken.The Regulations also extend the validity of a Labour Market Access Permission from 6 months to 12 months.

S.I. No. 52 of 2021 - European Communities (Reception Conditions) (Amendment) Regulations 2021

These Regulations amend the definitions of ‘applicant’ and ‘recipient’ in the European Communities (Reception Conditions) Regulations 2018 to remove the exclusion of persons notified of a transfer decision under the Dublin III Regulation 604/2013 from labour market access.This amendment followed a ruling from the Court of Justice of the European Union in KS and MHK v International Protection Appeals Tribunal, the Minister for Justice and Equality and the Advocate General and RAT and DS v Minister for Justice and Equality (Joined Cases C-322/19 and C-385/19). emn.ie/case_law/ks-and-mhk-v-international-protection-appeals-tribunal-the-minister-for-justice-and-equality-and-the-advocate-general-and-rat-and-ds-v-minister-for-justice-and-equality-joined-cases-c-322-19-and-c-3/

S.I. No. 178 of 2021 - European Communities (Reception Conditions) (Amendment) (No. 2) Regulations 2021

Enforcement of data subjects’ rights on transfer of personal data outside the European Union) Regulations 2021 which was made under the European Communities Act 1972

S.I. No. 297 of 2021 - European Union

Directive 2004/38/EC1 of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States; European Communities (Free Movement of Persons) (No. 2) Regulations 2006 ( S.I. No. 656 of 2006

S.I. No. 445 of 2021 - European Communities (Free Movement of Persons) (Amendment) Regulations 2021

This Order specifies the States which are Contracting States for the purposes of section 2 of the Choice of Court (Hague Convention) Act 2015 (No. 38 of 2015), and includes the text of Declarations made pursuant to Article 21 of the Convention by Denmark, the European Union and the United Kingdom. This Order revokes the Choice of Court (Hague Convention) Act 2015 (Section 2) Order 2018 (S.I. No.113 of 2018)

S.I. No. 238 of 2022 - Choice of Court (Hague Convention) Act 2015 (Section 2) Order 2022

These Regulations give full effect to Council Regulation (EU) No. 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility and on international child abduction (recast) (Brussels IIb / Brussels II ter).

S.I. No. 400 of 2022 - European Union (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022

The purpose of these Regulations is to give further effect in Irish law to the Asylum Procedures Directive 2005/85/EC.The Regulations amend section 73(2) of the International Protection Act 2015. They add to the list of matters to which the Minister for Justice may have regard when deciding whether to prioritise the processing of an application for international protection or requesting IPAT to prioritise an appeal. The additions include whether the applicant is from a safe country of origin, and whether the country of origin of the applicant is a country in respect of which there are a large number of applications or appeals and there is a need to ensure an efficient processing of application or appeals.The Regulations also insert a new section 73A into the International Protection Act 2015 to enable the Minister to accelerate the examination of any application, having regard to the matters in section 73(2).

S.I. No. 541 of 2022 - European Communities (International Protection Procedures) Regulations 2022

These Regulations specify the Circuit Court as competent to take evidence for the purpose of Article 1.1(a) of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence)(recast). The power conferred on the Circuit Court will be exercised by the county registrar in accordance with the provisions of Regulation 3. They also specify the Courts Service as the central body in the State for the purposes of Articles 4 and 19 of the EU Regulation.

S.I. No. 110 of 2023 - European Union (Evidence in Civil or Commercial Matters) Regulations 2023

This Order amends the European Union (Hague Maintenance Convention) Regulations 2019 ( S.I. No. 594 of 2019 ) www.irishstatutebook.ie/2019/en/si/0594.html to specify the states which are bound by the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance and includes the text of Declarations, Reservations and Specifications made pursuant to the Convention.

S.I. No. 111 of 2023 - European Union (Hague Maintenance Convention) (Amendment) Regulations 2023

The European Union (Hague Judgments Convention) Regulations 2023 ensure that the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the “Hague Judgments Convention”) has an appropriate “fit” in the Irish system. The Convention seeks to provide predictability and certainty in relation to the global circulation of foreign judgments, and is complementary to the Convention of 30 June 2005 on Choice of Court Agreements. The Regulations specify the states which are bound by the Hague Judgments Convention and include the text of Declarations made pursuant to the Convention.

S.I. No. 434 of 2023 - European Union (Hague Judgments Convention) Regulations 2023

Part 2, other than Chapters 2 and 3 of Title II, and Title III, of that Part, of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community , approved on behalf of the European Union by Council Decision (EU) 2020/135 of 30 January 2020

European Union (Withdrawal Agreement) (Citizens’ Rights) Regulations 2020

Directive 2004/38/EC – Citizens’ Rights

Given further effect by way of S.I. No. 445/2021 - European Communities (Free Movement of Persons) (Amendment) Regulations 2021.

Directive 2001/55/EC – Temporary Protection

Given further effect by way of Part 4 of the Social Welfare and Civil Law (Miscellaneous Provisions) Act 2024

Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status

Given further effect by way of: International Protection Act 2015 (Safe Countries of Origin) (Amendment) Order 2024 (S.I. No. 32 of 2024) Courts and Civil Law (Miscellaneous Provisions) Act 2023 (Part 11) S.I. No. 542/2022 - International Protection Act 2015 (Procedures and Periods for Appeals) (Amendment) Regulations 2022 S.I. No. 541/2022 - European Communities (International Protection Procedures) Regulations 2022 International Protection Act 2015 (Safe Third Country) Order 2020 (S.I. No. 725 of 2020) Part 18 of Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020

Irish Prisoners Abroad

Questions (517)

Thomas Pringle

Question:

517. Deputy Thomas Pringle asked the Minister for Justice further to Parliamentary Question No. 389 of 17 October 2023, if she will provide an update on the progression of an application by a person (details supplied) to move from a prison in Britain home to Ireland, as their father is extremely ill; and if she will make a statement on the matter. [19181/24]

View answer

Written answers

I am advised by my officials in the Irish Prison Service that an application to transfer has been received from the individual cited. Irish Prison Service officials are liaising with the UK authorities to collate the information required under the legislation to progress the application.

As the Deputy will appreciate, international transfer applications are unavoidably complex, and the legislative requirements demand legal assessment on a case-by-case basis. As the processing of the application requires a detailed exchange of information between various agencies in two countries, it can take considerable time to bring to conclusion. However, every effort is made to progress each application as soon as possible and to keep the applicant updated as it progresses through each step.

I am advised in the context of processing this particular application, further information is awaited from the UK which is expected to be received shortly.

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