Written Answers Nos. 115-132
116. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Foreign Affairs and Trade if a matter regarding the criteria on issuing a passport to a person (details supplied) who changed the person's name by deed poll will be examined; and if he will make a statement on the matter. [4143/19]
View answerAll passport applications are subject to the terms of the Passports Act, 2008, as amended, “the Act“. The Act provides a legal basis for the various policies and procedures that are applied by the Passport Service in the issue of passports.
Section 10 of the Act provides that a passport will issue in the name of a citizen as it appears on his or her birth certificate or naturalisation certificate. However, a name change for a passport from that which appears on a person’s birth certificate is permitted under the Act in situations such as marriage, civil partnership, etc. where civil, or legal documents are available to verify this change.
In cases where name change arises, other than by marriage or civil partnership. etc., the Act requires evidence of the use of this new name over a two-year period. In very sensitive cases there is discretion under the Act for accepting evidence of usage for less than two years.
Evidence of two years’ proof of usage, such as bills/bank statements/official correspondence, is required, as a deed poll is not adequate evidence of the constant use of a new name. The question of what a person’s name is at any given moment in time depends upon its usage and the evidence to support the constant and sustained use of this new identity.
Where an applicant holds a Public Services Card (irrespective of when it was issued), the Passport Service requires only one, instead of two, additional official documents that demonstrate that the person has been using the new name for two years.
117. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if the annual meeting with the President of the United States of America has been confirmed. [4350/19]
View answerIn line with past years, Government Minsters will undertake a comprehensive "Promote Ireland" programme of engagements in the US over the St. Patrick's Day period. Fourteen US cities are to be visited by seven Government Ministers, the Attorney General and Taoiseach. This is an increase of nearly 50% on the previous year's engagements and represents one of our most ambitious programmes to the US ever.
The Taoiseach will travel to Washington, D.C., over the St. Patrick's Day period and is expected to have a range of engagements at the highest levels of the US Administration and Congress, which will provide opportunities to discuss a range of issues of mutual concern to our two Governments. The Taoiseach will also celebrate the Irish-American contribution to the US during this visit.
The programme for the St. Patrick's Day period, led by our Embassy in Washington, D.C., is currently being finalised and I expect more details to be confirmed and made public in the coming weeks.
118. Deputy Lisa Chambers asked the Tánaiste and Minister for Foreign Affairs and Trade if he will report on his recent meeting at the Foreign Affairs Council in particular regarding discussions on Brexit; and if he will make a statement on the matter. [3812/19]
View answerThere was no discussion of Brexit at the Foreign Affairs Council as it was not on the agenda; Brexit is discussed at the General Affairs Council (Article 50).
I did meet with Mr. Michel Barnier in the margins of the Foreign Affairs Council. We discussed the disappointing but not unexpected outcome of the 15 January vote in the House of Commons on the EU-UK Withdrawal Agreement.
Both Mr. Barnier and I are in agreement that what we need from the UK is clarity on how it proposes to move forward, and ultimately what it wants to achieve. The EU could then consider any next steps it might take. The EU continues to take a united approach and I thanked Mr. Barnier for his unwavering support for Ireland.
Mr. Barnier and I remain firmly of the view that the only way to ensure an orderly withdrawal is to ratify the Withdrawal Agreement as endorsed by the European Council and agreed with the British Government. The European Council in December and the joint letter from Presidents Tusk and Juncker have provided reassurances with regard to the backstop. The European Council has also made clear that the Withdrawal Agreement cannot be renegotiated and that the EU will not agree to anything that changes or is inconsistent with it. The EU stands ready to work further on the Political Declaration as we look to the future relationship.
In light of the ongoing uncertainty in Britain, the European Council has asked that preparedness work at the national and EU level intensify, taking account of all possible outcomes. I have outlined Ireland’s approach in this regard to Mr. Barnier, including planned legislation and other contingency measures. I also thanked Mr. Barnier for the Commission’s continued helpful and constructive engagement in this area, and its understanding of the particular challenges faced by Ireland.
I also met with the British Foreign Secretary, Mr. Jeremy Hunt. He updated me on the British political situation and the UK Government's perspective on possible ways forward. While expressing openness to looking carefully at any constructive proposals, I reiterated our and the EU's clear and firm positon on the backstop.
119. Deputy Niall Collins asked the Tánaiste and Minister for Foreign Affairs and Trade the options available to a person (details supplied) to obtain an Irish passport; and if he will make a statement on the matter. [3814/19]
View answerAll passport applications are subject to the provisions of the Passports Act, 2008 as amended, “the Act”. The Act provides that a person must, among other things, be an Irish citizen before a passport can be issued to him or her.
Entitlement to Irish citizenship is in turn determined by the Irish Nationality and Citizenship Act 1965, as amended, under which and in general, Irish citizenship may be obtained by birth on the island of Ireland if born prior to 1 January 2005 and after that date to parents meeting specified requirements by descent or by naturalisation.
A person born outside of Ireland to a parent who was born in Ireland and who was an Irish citizen at the time of their birth automatically becomes an Irish citizen.
A person can become an Irish citizen if:
1. One of their grandparents was born in Ireland, or;
2. One of their parents was an Irish citizen at the time of their birth, even though they were not born in Ireland.
In these cases, a person may become an Irish citizen through Foreign Birth Registration. Once a person is entered onto the Foreign Births Register, he or she is an Irish citizen and entitled to apply for an Irish passport.
A person may apply for Irish citizenship by way of naturalisation if he or she meets certain requirements as set down by the Department of Justice and Equality.
120. Deputy Seán Haughey asked the Tánaiste and Minister for Foreign Affairs and Trade if applicants for the 2018 Irish election observer roster are obliged to be resident on the island of Ireland; the number of non-residents who applied for the position; the number of non-residents short-listed to join the roster; and if he will make a statement on the matter. [3815/19]
View answerIreland's election observer roster does not require volunteers to be habitually resident in Ireland. It does require all volunteers on the election observation roster to be citizens of Ireland, in order that Ireland complies with a European Union requirement that EU election observers are citizens of an EU Member State, or a citizen of Switzerland or Norway. Accordingly, no questions regarding habitual residency were asked of potential volunteers and no data on habitual residency was generated for statistical or other purposes.
121. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if he has met or spoken with the Secretary of State for Northern Ireland since the car bomb in Derry was found on 19 January 2019 and the following threats of violence; and if he will make a statement on the matter. [4041/19]
View answerOfficials of my Department in Dublin and in the British-Irish Secretariat in Belfast, as well as colleagues in the Department of Justice and Equality, were in ongoing contact with their counterparts in the NIO following the car-bomb attack and subsequent security incidents in Derry, and both Minister Flanagan and I were kept fully briefed on developments on an ongoing basis throughout that period.
I spoke with the Secretary of State for Northern Ireland, Ms Karen Bradley, on 22 January last about the car-bomb attack and the overall security situation in Derry. We both expressed our strong condemnation of the incidents, as well as our concern for the community whose lives have been disrupted over the past number of days.
The people who carried out these attacks do not speak for the people of Derry. Since last week, we have seen a strong cross-community response in the city, from political, business and community leaders, and it is these people who are the true representatives of their community. The people of this island, North and South, have repeatedly expressed their support for the peace process and their utter rejection of violence. The Secretary of State and I are determined that the two Governments will continue to work closely together to ensure a stable and lasting peace in Northern Ireland. We will not allow those responsible for these reckless acts of terror to drag us back to the violence and conflict of the past.
Security Cooperation is a key issue of concern for the Irish and British Governments, and it is discussed regularly at both bilateral Ministerial meetings and at formal meetings of the British-Irish Intergovernmental Conference, which last met in Dublin in November. In addtion, there is a close and cooperative relationship between An Garda Síochána and the PSNI on matters relating to cross-border security. Dissident republican activity continues to pose a threat to public safety on both sides of the border, and both the Secretary of State and I are deeply thankful for the work that the Gardaí and PSNI undertake in order to keep the community safe on an ongoing basis.
122. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if he spoke directly with the Polish Foreign Minister regarding the suggestion of putting a time limit on the EU backstop; and if he will make a statement on the matter. [4042/19]
View answerI have not yet had the opportunity to speak to Foreign Minister Czaputowicz since he made his comments on the backstop in a press interview. However, I addressed this issue with Minister Czaputowicz when he made this suggestion to me when we met during his visit to Dublin last December. On that occasion, I made clear that a time limit would be completely contrary to the purpose of the backstop. The backstop acts as an insurance policy for avoiding a hard border in all scenarios and would not provide the necessary certainty if it is time-limited.
Since Minister Czaputowicz made his comments, our ambassador in Warsaw has clarified with the Polish authorities that Poland maintains the EU’s unified position. This was confirmed by the Polish Prime Minister in his recent comments in Davos. This unified EU position was set out clearly by the European Council, including the Polish Prime Minister, on 13 December and reiterated in the joint letter from President Tusk and Juncker to Prime Minister May on 14 January.
123. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if he has met the Palestinian ambassador recently; and if he will make a statement on the matter. [4043/19]
View answer124. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if he has met or spoken with the Israeli ambassador recently; and if he will make a statement on the matter. [4044/19]
View answerI propose to take Questions Nos. 123 and 124 together.
I met the ambassador of Israel at the National Holocaust Memorial Day Commemoration on Sunday, 27 January. I have also spoken to the ambassador of Israel on the phone on a number of occasions to receive his government's views in relation to the Control of Economic Activity (Occupied Territories) Bill, and to convey my own.
I have met and spoken with the Palestinian ambassador on a number of occasions but have not had an opportunity to do so again since the beginning of the year.
Both the Israeli and Palestinian missions in Ireland are of course normally and routinely in contact with officials of my Department.
125. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if he has met the EU ambassadors as a group with regard to Brexit recently; and if he will make a statement on the matter. [4045/19]
View answerI last met with the EU ambassadors as a group at a lunch in the Bulgarian Embassy in June 2018. I frequently meet individual ambassadors.
Officials from my department are in regular contact with the EU ambassadors, both individually and as a group, including at monthly briefings organised by the Embassy of the Member State holding the EU Presidency. In addition, a senior official briefs embassies prior to every meeting of the General Affairs Council and General Affairs Council (Article 50). Official-level briefings are also organised from time to time for non-EU ambassadors.
The Taoiseach, my cabinet colleagues and I take every opportunity to engage with EU partners to advance Ireland’s interests in the Article 50 process. I discuss Brexit collectively with my EU27 counterparts on a regular basis at the General Affairs Council (Article 50). Officials at the Permanent Representation in Brussels as well as in our embassies are in regular contact with their EU counterparts.
In all of these contacts, I am struck by the continued solidarity and unity of our EU partners with Ireland on the issue of the backstop, and I am grateful for their continued public and private expressions of support.
126. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if he has met with or spoken to the British Secretary of State for Exiting the European Union, Mr. Stephen Barclay, MP, recently; if they discussed the most recent comments by Mr. Barclay on the extension of Article 50; and if he will make a statement on the matter. [4046/19]
View answerBrexit is a priority issue for this Government and the Taoiseach, and my cabinet colleagues and I have taken every opportunity to engage with EU partners and the UK to advance Ireland’s priorities.
I have not yet had the opportunity to meet with UK Secretary of State for Exiting the EU, Mr. Stephen Barclay, MP, though I have spoken with him by phone following his appointment late last year.
I maintain frequent contact with UK Ministers. Over the course of the last several months, I have met with Foreign Secretary Jeremy Hunt, Dominic Raab during his time as UK Secretary of State for Exiting the EU, Secretary of State for Northern Ireland, Karen Bradley, and David Lidington, the UK Minister of the Cabinet Office, with whom I remain in regular contact.
With regard to the extension of Article 50, the EU can only consider this following a formal request from the UK. The EU would need to carefully consider a request and the basis on which it was made. However, Ireland would be open to such a request, as, I believe would EU partners, if it would contribute to reaching a resolution.
Ultimately, what we need from the UK is clarity on how it proposes to move forward.
127. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade the meetings he has had with the DUP and Sinn Féin recently; if the Northern Ireland Assembly was discussed; and if he will make a statement on the matter. [4047/19]
View answerThe continuing absence of vital institutions of the Good Friday Agreement is a source of deep concern for the Government, as it is for the British Government. The Government will continue to do everything in its power, in accordance with its responsibilities as co-guarantor of the Good Friday Agreement, to secure the effective operation of all of its institutions.
I visited Belfast on 9 and 10 January last and held discussions with the leaders of all of the Northern Ireland political parties. These were constructive engagements with each of the party leaders, and I emphasised that the two-year absence of the devolved institutions cannot be allowed to continue. There are pressing decisions and issues across a range of areas which require a functioning Executive and Assembly. Each of the party leaders confirmed to me a wish to participate in the institutions again and provided views on key concerns and issues for his or her party.
Following these latest consultations, I do not underestimate the way to go in achieving a resolution, but I continue to believe that this can be achieved and that there is an increasingly urgent need for talks to begin.
Both Governments are determined to find a way beyond the current impasse to get the institutions operating again, and I remain in regular contact with the Secretary of State for Northern Ireland on how this can be pursued. Secretary of State Bradley and I will meet again this week to discuss the way forward.
The devolved institutions of the Agreement are urgently needed so that the mandated Assembly and power-sharing Executive can represent the interests of all of the people of Northern Ireland and address issues of concern, including the challenges for Northern Ireland of the UK decision to exit the European Union. The North-South Ministerial Council is also essential to oversee and develop North-South cooperation on matters of mutual interest, as provided for under the Good Friday Agreement.
The legislation that was brought forward by the Secretary of State for Northern Ireland, which temporarily suspends the requirement to call an Assembly election, underlines the requirement for all with responsibilities to do everything in their power to get it operating again.
I will continue to work with the Secretary of State and remain in regular contact with the leaders of each of the political parties to get the necessary political process commenced to secure an agreement for a functioning Executive and Assembly, and NSMC.
128. Deputy Billy Kelleher asked the Tánaiste and Minister for Foreign Affairs and Trade the legal mechanisms that exist to appeal or arbitrate breaches of the Good Friday Agreement by either co-guarantor; and if he will make a statement on the matter. [4127/19]
View answerThe Good Friday Agreement was concluded on 10 April 1998 following talks between the political parties in Northern Ireland and the Irish and British Governments. The Agreement consists of two elements, the Multi-Party Agreement reached between the Northern Ireland political parties and the two Governments, and an agreement between the Irish and British Governments to which the Multi-Party Agreement is annexed. The latter is referred to as the British-Irish Agreement, and it is an international agreement which has been registered with the United Nations.
Under the British-Irish Agreement, the two Governments affirmed their solemn commitment to support and, where appropriate, implement the provisions of the Good Friday Agreement. Reflecting that solemn obligation, successive Irish and British Governments have worked together in partnership over the last 20 years - and continue to do so today - to secure the progressive implementation of the Good Friday Agreement and the consolidation of peace, increasing prosperity and furthering of reconciliation across these neighbouring islands, which the Agreement has enabled.
The Multi-Party Agreement provides that the two Governments can convene the British-Irish Intergovernmental Conference to, “promote bilateral co-operation at all levels on all matters of mutual interest within the competence of both Governments”. The Conference will keep under review the workings of the British-Irish Agreement and the machinery and institutions established thereunder. It further provides that all decisions of the Conference will be by agreement between the two Governments, and that they will make determined efforts to resolve disagreements between them. Similarly, under Strand Three, the Multi-Party Agreement provides a mechanism for review where difficulties arise in relation to the institutions. Where difficulties arise which cut across the range of institutions, this review falls to the two Governments in consultation with the parties in the Assembly.
The Government looks forward to the continuation of the partnership approach with the British Government as co-guarantors of the Good Friday Agreement, so as to secure the effective operation of all of the institutions and the full implementation of the Agreement.
129. Deputy Mick Wallace asked the Tánaiste and Minister for Foreign Affairs and Trade if he highlighted the case of persons (details supplied) at his attendance at the British-Irish Intergovernmental Conference; if his attention has been drawn to the details of the case; and if he will make a statement on the matter. [49795/18]
View answerI am aware of the case to which the Deputy refers.
The persons concerned were convicted of murder by joint enterprise at their trial in 2012. Their appeal against these convictions failed at the High Court in Belfast in 2012 and, in 2015, the UK Supreme Court refused to allow them to mount a further appeal.
As the Deputy is aware, the case is now being looked at by the Criminal Cases Review Commission, which is an independent public body responsible for reviewing possible miscarriages of justice in England, Wales, and Northern Ireland. As the case is being reviewed, it would not be appropriate for me to comment further. It is important that the legal process is respected and is allowed time to conclude.
At the most recent meeting of the British-Irish Intergovernmental Conference in Dublin last November, my colleague, the Minister for Justice and Equality, Charles Flanagan, T.D., and I engaged with the Secretary of State for Northern Ireland, Karen Bradley, and the Chancellor of the Duchy of Lancaster, David Lidington, on matters related to security co-operation. Additionally, officials from my Department in both Dublin and Belfast monitor this case as part of their broader engagement with their Northern Irish counterparts on justice and security matters. They regularly engage with the NI Department of Justice, the Northern Ireland Office, the Northern Ireland Prison Service, the Criminal Justice Inspectorate, the NI Police Ombudsman, and the NI Prisoner Ombudsman.
My officials will continue to monitor developments in this case, and the Government will take action as appropriate. It is regrettable that, due to the continuing absence of the Assembly and Executive, there is not a Northern Irish Justice Minister in place that we could engage with on these matters, but we will continue our efforts in this regard to the extent possible.
130. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Foreign Affairs and Trade the way in which he can ensure and guarantee neutrality in view of recent signals from the EU that security and military union is the preferred next stage of European integration. [48436/18]
View answerIreland's traditional policy of military neutrality is characterised by our non-participation in any military alliance. Our position as a member of the European Union in no way undermines or threatens this policy, a policy to which this Government remains fully committed. This commitment is recognised by our European partners in the legally-binding Protocols attaching to the Lisbon Treaty, which state that, “The Treaty of Lisbon does not affect or prejudice Ireland’s traditional policy of military neutrality". The Constitution provides a further safeguard on this issue where Article 29(4)(9) states, “ The State shall not adopt a decision taken by the European Council to establish a common defence pursuant to Article 42 of the Treaty on European Union where that common defence would include the State". This Constitutional safeguard was inserted in 2002 at the time of the Nice Referendum and was reconfirmed in 2009 following the Lisbon Treaty Referendum.
Ireland's military neutrality is a core element of Ireland's foreign policy, as stated in our 2015 Foreign Policy Review, “The Global Island”, and reconfirmed in the White Paper on Defence. It brings with it a deep commitment to international peace and security which we work to achieve through our efforts in peacekeeping, conflict-prevention and support for human rights - in many cases alongside our European partners. While others may express different aspirations, this will continue to be our position when it comes to future enhanced cooperation through the EU’s Global Strategy and its Common Security and Defence Policy.
131. Deputy Michael Moynihan asked the Tánaiste and Minister for Foreign Affairs and Trade if he will report on recent discussions he has had within his Department on the undocumented Irish in the United States of America and the recent visa deal. [50820/18]
View answer132. Deputy Michael Moynihan asked the Tánaiste and Minister for Foreign Affairs and Trade if he has met with the United States of America envoy to discuss the developments on the E3 visa schemes. [50821/18]
View answerI propose to take Questions Nos. 131 and 132 together.
I and my Government colleagues regret that it did not prove possible to secure passage of the Irish E3 Visa Bill in December, during the last term of the outgoing US Congress.
While this was disappointing news for all who care about the Ireland-US relationship, it is important to acknowledge the strong support received from many quarters for Ireland's position on securing a legal pathway for Irish citizens wishing to live and work in the US, an issue of very real importance for the continued development of the Ireland-US relationship.
I believe that the backing received from the US Administration; former Speaker Paul Ryan; the Congressional Friends of Ireland; and many others, Republican and Democrat, on this Bill is testament to the depth and strength of our transatlantic relationship.
The Taoiseach and I have prioritised the immigration issue in the US since taking office. We will therefore continue our efforts in this regard until we secure progress – both in terms of future legal immigration opportunities for Irish citizens; and in securing a pathway for those Irish who are undocumented in order to regularise their status.
Special Envoy to the US Congress on the Undocumented, John Deasy, T.D., has worked closely on these issues with my Department, and in particular with our Embassy in Washington, D.C. This work will continue.
Providing ongoing support for those Irish who are undocumented in the US is a priority. My Department, including through our Embassy and Consulates in the US, will continue to work with Irish Immigration Centres across the US, including supporting their outreach to vulnerable Irish and the undocumented. In 2018, over €3 million was allocated to 76 organisations across the US, including the Irish Centres.
My Department maintains close ties with the US Embassy here in Dublin and has frequent engagements and constructive discussions on a range of issues. While I have not recently met the US Chargé d'Affaires on this issue, the Secretary General of my Department and our Ambassador to the US have met separately with Mr. Smyth in the last two weeks.
I look forward to visiting the US in February for a series of engagements with the US Administration and Congressional leaders on the full range of issues of mutual interest. I will raise immigration issues in these meetings, as I have done in all my interactions with the US Administration and US political leaders since taking office.
In addition, the Taoiseach will have a range of engagements at the highest levels of the US Administration and Congress over the St. Patrick's Day period and will highlight our priorities in terms of immigration in that context.
