Written Answers Nos. 369-388
369. Deputy Mattie McGrath asked the Minister for Justice to provide details on each EU immigration policy that Ireland has opted into, including the dates when the Government decided to opt in or out and when the measure was passed by both Houses of the Oireachtas; and if she will make a statement on the matter. [5514/24]
View answerThe information requested is currently being compiled and I will write to the Deputy directly once the information is to hand.
I can assure the Deputy that my Department is working to have an appropriate answer for both PQ 3749/24 and PQ 5514/24 ready shortly.
370. Deputy Mattie McGrath asked the Minister for Justice the number of persons that have been criminally prosecuted under section 11 of the Immigration Act 2004 for arriving at an Irish port of entry, including Dublin Airport, without valid travel documents, which is an offence, in each of the years 2018 to 2023, and to date in 2024. [5515/24]
View answerAs the Deputy will be aware, the prosecution of offences in these instances are a matter for An Garda Síochána and the Director of Public Prosecutions, who are independent in the exercise of their functions in this regard; as Minister I have no role in such prosecutions.
371. Deputy Paul Donnelly asked the Minister for Justice further to Parliamentary Question No. 1077 of 17 January 2024, if she has received the necessary information from the Garda authorities to have this PQ answered. [5528/24]
View answerThe 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.
As the Deputy will be aware, in accordance with Section 26 of the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána. The budget allocation is the responsibility of the Garda Commissioner having regard to his operational needs and in light of his position as accounting officer for the Garda Vote. As Minister, I have no role in such matters.
To be of assistance, I sought the information requested from the Garda authorities and have been informed that there are no loudspeakers currently stocked or on order by An Garda Síochána. I am advised that no funding has been allocated for these items in 2024.
I am further informed the Garda National Public Order Unit (GNPOU) responds to incidences of disorder as part of a graduated response. Public Order Advisors and Commanders are instructed to give warning messages when it is practical and safe to do so.
I am advised that these messages are given verbally. There are also electronic options to deliver such messages currently available to the GNPOU. These include:
• Handheld Megaphone
• External speakers in Public Order vans
• External speakers in Water Canon
• Garda Air Support unit speaker called SKY SHOUT
372. Deputy Paul Donnelly asked the Minister for Justice the number of scramblers and quad bikes seized by gardaí in 2023 and to-date in 2024, in tabular form. [5529/24]
View answerAs the Deputy is aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, which includes all operational policing matters. As Minister, I have no role in these independent functions.
I am informed by the Garda authorities that 44 quad bikes and 133 scramblers have been seized by the Garda authorities in 2023 and to date in 2024. I am advised that these figures are based on incidents occurring from 1 January 2023 up to 5 February 2024.
Quad
|
Dublin Region |
16 |
|
Southern Region |
13 |
|
Eastern and North West Region |
15 |
|
Total |
44 |
Scrambler
|
Dublin Region |
62 |
|
Southern Region |
56 |
|
Eastern and North Western Region |
15 |
|
Total |
133 |
The information provided is based upon operational data from the PULSE system as was available on 6 February 2024 and is liable to change.
Vehicles seized or detained include, but are not exclusively, those seized or detained under section 41 of the Road Traffic Act 1961 (as amended).
373. Deputy Paul Donnelly asked the Minister for Justice the amount that An Garda Síochána has spent on hiring out an external jewellery valuation service to carry out work on its behalf of in 2023 and to-date in 2024, in tabular form. [5530/24]
View answerI 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.
374. Deputy Paul Donnelly asked the Minister for Justice further to Parliamentary Question No. 1088 of 17 January 2024, if she has received the necessary information from the Garda authorities to have this PQ answered. [5531/24]
View answerI have asked An Garda Síochána to provide any information of relevance to the Deputy’s question. I will contact the Deputy once An Garda Síochána have responded to my request.
375. Deputy Paul Murphy asked the Minister for Justice to comment on delays in the citizenship application process (details supplied); to provide proof that the backlog of applications from the old system are not being neglected now that the new system is in place; and if she will make a statement on the matter. [5550/24]
View answerI am deeply conscious of how important the granting of naturalisation is to all of those who apply for it. I understand that extended wait times can be frustrating and disruptive for applicants and my Department has been working hard to clear backlogs.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
In a little over two years Citizenship Division 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 adding staff and through digitising and streamlining processes. Median processing times currently stand at approximately 19 months.
The digitisation measures introduced include eVetting and online payments, and more recently a move to online based applications. This provides a streamlined application process and helps guide applicants through what is required for their application.
Last year the Citizenship Division of my Department wrote to all applicants explaining that, as improvements are made to the processing system, there may seem to be variation in how files are processed i.e. how long it takes to register, process and grant decisions. As part of testing these new processes a range of files from 2023 were progressed to conclusion and naturalised last year. The vast majority of files concluded in 2023 dated from previous years, however, and I want to assure the Deputy that there is no question of any applications being neglected.
Finally, I can advise the Deputy that the Citizenship Division of my Department continues to communicate regularly with all applicants to keep them informed as to updates on processing times and arrangements.
376. Deputy Bernard J. Durkan asked the Minister for Justice if a person (details supplied) can now apply for citizenship on behalf of her daughter, who was born in 2019, whose husband is also seven years in Ireland on stamp 4 basis and has application for his naturalisation; and if she will make a statement on the matter. [5558/24]
View answerThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.
Where a child is born to an Irish citizen either in Ireland or abroad then that child is an Irish Citizen from birth and has an entitlement to an Irish passport. Where that child is born abroad they should register the birth on the Foreign Births Register maintained by the Department of Foreign Affairs.
There is no automatic right to Irish Citizenship for the children of Non-EEA national parents resident in the State. However, where a child is born in the State to a Non-EEA national parent who has 3 years reckonable residence in the State prior to the birth, an application for Citizenship can be made in respect of that child.
The only other means by which a minor can obtain Irish citizenship is through naturalisation. As minors cannot apply for naturalisation in their own right, any application must be made by their parent, legal guardian or person acting on the child's behalf "in loco parentis".
Detailed information on how to apply for naturalisation is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/
377. Deputy Holly Cairns asked the Minister for Justice the rationale used by her Department for categorising a country as a “safe country” in relation to international protection applications. [5592/24]
View answer378. Deputy Holly Cairns asked the Minister for Justice the reasoning for categorising Algeria as a “safe country” in relation to international protection applications; what has changed in Algeria to result in this change in status; and what human rights reports her Department used to reach this decision. [5593/24]
View answer379. Deputy Holly Cairns asked the Minister for Justice how many other EU countries categorise Algeria as a “safe country” in relation to international protection applications. [5594/24]
View answerI propose to take Questions Nos. 377 to 379, inclusive, together.
Under section 72 of the International Protection Act 2015 the Minister for Justice may make an order designating a country as a safe country of origin. A country may only be designated as a safe country of origin where satisfied that, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there:
• is generally and consistently no persecution;
• no torture or inhuman or degrading treatment or punishment; and
• no threat by reason of indiscriminate violence in situations of international or internal armed conflict.
In making the assessment, it must be taken into account, among other things, the extent to which protection is provided against persecution or mistreatment by:
• The relevant laws and regulations of the country and the manner in which they are applied.
• The observance of the rights and freedoms laid down in specified European and International Conventions.
• Respect for the principle of non-refoulement in accordance with the Geneva Convention.
• Provision for a system of effective remedies against violation of those rights and freedoms.
The assessment is based on a range of sources of information, including from other EU Member States, the European Union Agency for Asylum (EUAA), the UN High Commissioner for Refugees, the Council of Europe and other international organisations as appropriate.
If an applicant for international protection is from a country designated as a safe country of origin, their application will still receive a full consideration on its merits by the International Protection Office.
A country that has been designated under section 72 as a safe country of origin shall, for the purposes of the assessment of an application for international protection, be considered to be a safe country of origin in relation to a particular applicant only where—
(a) the country is the country of origin of the applicant, and
(b) the applicant has not submitted any serious grounds for considering the country not to be a safe country of origin in his or her particular circumstances and in terms of his or her eligibility for international protection.
Under section 72 of the International Protection Act 2015, and the International Protection Act 2015 (Safe Countries of Origin) Order 2018 (Statutory Instrument no 121 of 2018), the following countries were designated as safe countries of origin with effect from 16 April 2018:
• Albania;
• Bosnia and Herzegovina;
• Georgia;
• Kosovo;
• Macedonia (Former Yugoslav Republic of);
• Montenegro;
• Serbia; and
• South Africa.
Following a comprehensive review in accordance with the requirements of section 72, Botswana and Algeria were added to the schedule of designated countries on the 31st of January 2024 as I was satisfied that they met the criteria.
In accordance with the Act I shall keep the situation in the designated countries under review.
22 EU+ countries (27 Member States plus Switzerland and Norway) have specific arrangements for safe countries. 9 of these have designated Algeria as a safe country.
380. Deputy Aindrias Moynihan asked the Minister for Justice the up-to-date position on the single application procedure for a combined employment and residence permit; his engagement to date with the Minister for Enterprise, Trade and Employment on progressing this application to be made available; and if she will make a statement on the matter. [5701/24]
View answerAs the Deputy will be aware, issuing visas and residence permits are the responsibility of my Department while the criteria and conditions for obtaining employment permits are set by the Department of Enterprise, Trade and Employment. Both Departments work closely together to ensure that Ireland's labour market migration arrangements are fair, efficient, and responsive to the needs of Irish society and the economy generally.
The Government agreed in principle last year that a single application procedure for employment permits and immigration permissions should be developed and established an Inter Departmental Working Group to develop an implementation plan for consideration by Government.
I can advise the Deputy that, over the course of last year, work has been underway to examine and reform the current system whereby separate applications have to be made for employment permits and immigration permissions. This reform is with a view to improving the user experience, enhancing Ireland’s competitiveness in attracting skilled migrant workers and aligning with EU standards.
Our Departments are currently finalising the report for Government, which outlines key steps that can be taken in the short, medium and long term. I hope to be able to bring this report to Government shortly.
381. Deputy Matt Carthy asked the Minister for Justice the visa which would be appropriate for family members of dependents of Irish citizens currently in Gaza; and if she will make a statement on the matter. [5727/24]
View answerI am acutely aware of the grave humanitarian crisis in Gaza and my Department is working closely with colleagues in the Department of Foreign Affairs (DFA) to ensure a coordinated national response to this volatile and evolving situation. This includes their work to evacuate Irish citizens and their families who may require visa assistance.
My Department is in regular contact with the Embassy of Ireland in Israel regarding a number of visa applications, from residents of Gaza, the West Bank and Lebanon. The Embassy are actively engaging with the applicants to gather the required documents to ensure that the Visa Division of this Department have everything needed progress these applications.
Any person that wishes to reside in the State for longer than 90 days must have a Type D Long Stay Visa.
Long Stay Join Family visa applications are processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification. This policy document may be accessed at the following link:
www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf
More details can be found at the link below:
www.irishimmigration.ie/registering-your-immigration-permission/information-on-registering/immigration-permission-stamps/
Any person that wishes to make a visa application can do so online at:
www.visas.inis.gov.ie/avats/OnlineHome.aspx.
382. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when an application form for the young farmer scheme will be finalised in respect of a person in County Kerry; and if he will make a statement on the matter. [4961/24]
View answerThe person named submitted applications to the 2023 Complementary Income Support for Young Farmers scheme and the young farmer category of the 2023 National Reserve as the young farmer in a Registered Farm Partnership.
My Department has requested outstanding documentation required in support of these applications.
When the outstanding documentation is submitted the applications will be further processed and the person named will be notified of the outcome.
383. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine if ACRES payments, both under the general and co-operation projects, are subject to income tax and USC, his views on same, if he will comment on scenarios where an individual receiving two ACRES payments in 2024 will be subject to a greater level of taxation than would otherwise have been the case had ACRES payments been paid in 2023 and 2024 as previously announced, and, as a consequence, will receive a lower level of after-tax support under ACRES, if he is considering action to address this; and if he will make a statement on the matter. [5024/24]
View answer384. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine if ACRES payments, both under the general and co-operation projects, are subject to income tax and USC, his views on same, if he will comment on scenarios where an individual receiving two ACRES payments in 2024 will be subject to a greater level of taxation than would otherwise have been the case had ACRES payments been paid in 2023 and 2024 as previously announced, and, as a consequence, will receive a lower level of after-tax support under ACRES, if he is considering action to address this; and if he will make a statement on the matter. [5026/24]
View answerI propose to take Questions Nos. 383 and 384 together.
Taxation policy is primarily the responsibility of my colleague the Minister for Finance, and the Office of the Revenue Commissioners has responsibility for the operation of the taxation system. However, we do engage on taxation issues relating to the agri-food sector with a view to supporting Government policy in this regard.
In this context, the Deputy may also be aware that there is a system for income averaging for farmers. This is an important agri-taxation measure and it assists in addressing income volatility in allowing farmers to pay tax based on the average of five years’ farming profits and losses.
385. Deputy James O'Connor asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) has not received their ACRES payment; and if he will make a statement on the matter. [5027/24]
View answerThe person named was approved into Tranche 1 of the Agri-Climate Rural Environment Scheme (ACRES), with a contract commencement date of 1 January 2023.
I can confirm that the ACRES claim for the person named is progressing through the necessary validation checks. This claim is one of a batch of claims that has not yet issued, and my officials are working to facilitate payment as soon as possible.
I fully appreciate the frustration felt by farmers experiencing payment delays and their concern regarding uncertainty of payments, and I want to reassure you that everything is being done to pay all ACRES applicants who clear pre-payment checks as a matter of priority.
386. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will address a matter in relation to offshore fish farms (details supplied); and if he will make a statement on the matter. [5090/24]
View answerMy Department considers applications for aquaculture licences in accordance with the provisions of the 1997 Fisheries (Amendment) Act, the 1933 Foreshore Act, as amended and applicable national and EU legislation. The licensing process involves consultation with a wide range of scientific and technical advisers as well as various Statutory Consultees. The legislation also provides for a period of public consultation.
In accordance with the applicable legislation, the Statutory Consultation phase has recently concluded, and the Public Consultation phase is currently ongoing in respect of the application referred to by the Deputy. The Deputy may wish to make a submission as part of that consultation process, the full details of which are publicly available on my Departments' website gov.ie - Aquaculture and Foreshore Applications and Licences (www.gov.ie) . As this licence application is under active consideration as part of a statutory process, it would not be appropriate to comment further on the matter at this time.
387. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine what processes have been put in place by his Department to enforce the Regulation on deforestation-free products rules (details supplied); and if he will make a statement on the matter. [5108/24]
View answerRegulation (EU) 2023/1115 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation entered into force on 29 June 2023.
In accordance with Article 14.1 of the Regulation, the European Commission was advised on 29 December 2023 that the Department of Agriculture, Food, and the Marine would be the designated Competent Authority in Ireland for the EU Deforestation Regulation.
The Regulation applies to seven commodities: cattle, wood, cocoa, soy, palm oil, coffee, rubber, and some of their derived products, such as leather, chocolate, tyres, or furniture. A full list of products the Regulation applies to is listed by HS Code in Annex 1 of the Regulation.
Under the Regulation, any operator or trader who places these commodities on the EU market, or exports from it, must be able to prove that the products do not originate from recently deforested land or have contributed to forest degradation. The Regulation will become operational on 30 December 2024 with micro and small enterprises having a further six-month adaptation period.
My Department participates in the Multistakeholder Platform on Deforestation, which meets at regular intervals at which the EU Commission, Third Countries, Member States and Stakeholder organisations are all represented. Various issues that arise in preparation for the Regulation becoming operational are discussed at this forum. My Department has also met commodity specific representative organisations.
There are no provisions for a derogation under the legislation that can be provided to any operator or trader. Accordingly, my Department is not aware of any such application.
388. Deputy Neasa Hourigan asked the Minister for Agriculture, Food and the Marine the number of registered non-coursing greyhound owners for each of the years 2013 to 2023 inclusive, in tabular form. [5154/24]
View answerRásaíocht 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.
