Written Answers Nos. 100-114
100. Deputy Dara Calleary asked the Minister for Justice and Equality the reason persons (details supplied) in County Mayo are being refused citizenship; his views on whether there is a discrepancy in the way the INIS is applying the rules; and if he will make a statement on the matter. [7210/19]
View answerThe statutory conditions for naturalisation set out in the Irish Nationality & Citizenship Act 1956, as amended, require that an applicant have a period of 1 year's continuous residence in the State immediately before the date of application. In addition, an applicant must have four years residence in the State during the 8 years immediately preceding that period (in the case of an application based on being the spouse or civil partner of an Irish citizen the Act reduces this further period to 2 years during the preceding 4 years).
Applicants must therefore establish to the Ministers satisfaction that they have been resident in the State for these periods in order to be eligible for naturalisation. To this end, applicants should submit evidence with their application verifying that they satisfy the residency requirements for naturalisation. Failure to do so could result in an application for naturalisation being deemed ineligible.
Applicants should also note that compliance with the statutory conditions for naturalisation set out in the 1956 Act does not automatically mean that an applicant will be granted a certificate of naturalisation. This is because in cases where the statutory conditions for naturalisation have been satisfied the Minister nonetheless retains an absolute discretion as to whether to grant a certificate of naturalisation.
It is therefore very important for applicants to note that any absences from the State in excess of six weeks during the year immediately preceding the date of their application could result in the Minister exercising his absolute discretion to refuse to grant a certificate of naturalisation notwithstanding that they may have satisfied the statutory conditions for same set out in the 1956 Act. Where applicants are absent from the State in excess of six weeks during the year immediately preceding the date of their application the policy of the Minister is to only grant a certificate of naturalisation if satisfied that the travel was demonstrably unavoidable or due to exceptional circumstances. Applicants who find themselves in this position should submit as much information as possible with their application to verify that any travel outside of the State in excess of six weeks during the year immediately preceding their application was unavoidable or due to exceptional circumstances.
Every application for naturalisation is considered having regard to circumstances of the applicant, the statutory conditions for naturalisation set out in the 1956 Act and the Ministers policy on the need for applicants to be physically present in the State for the full duration of the year immediately preceding the date of application
The applications for naturalisation in respect of the persons referred to by the Deputy have been reviewed and the position remains as stated in the original decision. The applicants were informed of this by letters dated 24 October 2018.
It is open to any individual to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory conditions for naturalisation prescribed in the Act.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility 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 Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
101. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for residency status in the case of a person (details supplied); and if he will make a statement on the matter. [7225/19]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility 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 Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
102. Deputy Brendan Howlin asked the Minister for Justice and Equality if he is satisfied with the time taken to process visitor visas for persons coming here for business reasons; the average expected time between receipt of the application and decision; and if he will make a statement on the matter. [7227/19]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that decisions regarding the grant or refusal of visas are made in a number of INIS Visa Offices overseas, the INIS Visa Office in Dublin, and at Embassies of the Department of Foreign Affairs and Trade which process certain visa applications under delegated sanction from my Department.
As of 11 February 2019, the Dublin Visa Office was processing business visa applications received on 4 February 2019. Processing times for other Visa Offices overseas and for Embassies will vary but are generally between 3 and 10 days at this time.
There has been an increase in the number of visa applications across most categories of people wishing to come to Ireland for a variety of purposes. Notwithstanding, processing times are still on a par with, and in many cases have been significantly improved upon, those of the same time last year.
More generally, there has been an improvement in processing times for visas in recent weeks. It is expected that this will improve further in the coming weeks. However, it should be noted that processing times in Visa Offices may vary having regard to seasonal demands, the volume of applications received, the particular merits of individual applications, their complexity, whether the need to investigate or enquire further, and the resources available.
The Deputy can be assured that every effort is made to keep processing times to a minimum, and a number of measures have been put in place to deal with the increased demand for visas to come to Ireland. This has included the assignment of additional staff to help process applications, and more generally the streamlining of visa processes where possible. I am advised that this is making a difference to the point where processing times are generally within the administrative target set by INIS, these targets taking into account the time required to undertake essential checks. The targets themselves have not been adjusted to take account of the increased numbers of visa applications in certain locations. The position in this regard is being kept under review, and will be monitored closely in the coming months.
103. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the consideration given to the effect of the non-application post Brexit of Regulation 2201/2003 on recognition of divorces and child abduction cases involving the UK and Ireland; and if he will make a statement on the matter. [7233/19]
View answerMy Department has been engaged in an analysis of the impact of Brexit on the area of civil justice, including family law. In that regard, consultation is ongoing with the Office of the Attorney General, relevant Government Departments, State bodies and other stakeholders, and the European Commission.
The Deputy will be aware of the European Commission Notice to Stakeholders, as published on 18 January 2019, which sets out the consequences in the field of civil justice and private international law in the event that there is a “no deal” Brexit. That notice can be accessed at the following link:
https://ec.europa.eu/info/sites/info/files/notice_to_stakeholders_brexit_civil_justice_rev1_final.pdf
EU Council Regulation 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (also known as the Brussels II bis or the Brussels IIa Regulation) provides for EU judicial co-operation and recognition and enforcement of judgments in cross-border matrimonial matters. This will be affected by the withdrawal of the UK from the European Union since, absent a withdrawal agreement that covers these areas post-Brexit, the UK will essentially become a third country. Among the areas of family law covered by this instrument are foreign divorce recognition, child abduction and custody of, and access to, children.
A person who is, or is likely to be, relying upon this Regulation in a cross-border family law case involving the UK on or after the withdrawal date of 29 March should consider seeking legal advice as to how the withdrawal may impact upon the circumstances of his or her particular case.
In some areas of family law, there are international conventions that will apply to proceedings involving Ireland and the UK and which will provide a substitute for the existing EU Regulation. The 1980 Hague Convention on the Civil Aspects of International Child Abduction will continue to apply as between Ireland and the UK. The 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children will also continue to apply.
Insofar as the recognition in Ireland of divorces obtained in the UK is concerned, the Domicile and Recognition of Foreign Divorces Act 1986 sets out the circumstances in which a divorce granted in a non-EU jurisdiction on or after 2 October 1986 will be recognised. Under section 5 of the 1986 Act, a divorce shall be recognised in Ireland if it was granted in the country where either spouse was domiciled at the date of the institution of the divorce proceedings. Thus in a “no deal” Brexit scenario, the UK will in effect become a non-EU jurisdiction and the basis for recognition in Ireland of divorces obtained in the UK will, under the 1986 Act as it now is, become domicile as opposed to the current position under the relevant EU regulation, which is habitual residence.
104. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality further to Parliamentary Question Nos. 109 to 111, inclusive, of 7 November 2018, if all direct provision centres are complying with his instructions as set out in the response that they should provide feminine hygiene products to residents; the way in which this instruction has been communicated; and the follow-up work carried out to ensure that each direct provision centre is in compliance. [7269/19]
View answerFollowing the commitment that I gave in the House in November 2018, all managers in accommodation centres were emailed and advised that those centres who are not operating the independent living model should supply feminine hygiene products to female residents at no cost on request.
I have instructed my Department to ensure that information in relation to the supply of feminine hygiene products is widely communicated.
It should be noted that in conjunction with the roll out of the public procurement programme throughout the state, more centres are moving to the independent living model which allows residents to procure through a weekly points system all of their shopping requirements in relation to food, toiletries and personal hygiene products.
105. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an application for citizenship and supporting documentation, including original passport, birth certificate and public services card, in the case of a person (details supplied), which was sent on 12 December 2018, has been received; and if he will make a statement on the matter. [7286/19]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation from the person referred to by the Deputy has been received, however it was not accompanied by the prescribed application fee.
A letter issued to the person concerned on 8 February 2019, returning the original documents and requesting the fee and certain other documentation and a reply is awaited. Upon receipt of the prescribed fee and requested documentation the case will be further processed.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements, not only within the State but also at European Union level, and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most straightforward cases are now processed within six months, 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.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility 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 Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
106. Deputy Lisa Chambers asked the Minister for Justice and Equality the legislative and operational measures undertaken to establish an advance passenger information system. [7318/19]
View answer107. Deputy Lisa Chambers asked the Minister for Justice and Equality if an advance passenger information system has been put in place; and the number of cases detected and notified to date to the relevant authorities of other countries and international organisations. [7320/19]
View answer108. Deputy Lisa Chambers asked the Minister for Justice and Equality if an advance passenger information system has not yet been put into place; the reason therefor; and the way in which and when he plans to make it operational. [7322/19]
View answer109. Deputy Lisa Chambers asked the Minister for Justice and Equality the legislative and operational measures undertaken to develop Ireland's capability to collect, process and analyse passenger name record data with full respect for human rights and fundamental freedoms for the purpose of preventing, detecting and investigating terrorist offences and related travel and to share such data with other relevant states. [7326/19]
View answer110. Deputy Lisa Chambers asked the Minister for Justice and Equality the challenges faced in setting capacity to collect, process and analyse passenger name record data. [7328/19]
View answerI propose to take Questions Nos. 106 to 110, inclusive, together.
The European Union (Passenger Name Record Data) Regulations 2018 transpose into Irish law, Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime.
The Directive requires Member States to establish a Passenger Information Unit (PIU) to collect PNR data from air carriers and transfer and exchange that data or the result of the processing of the data with various bodies as provided for by law.
The Irish PIU is a part of the Department of Justice and Equality and was formally established on 25 May 2018. The primary function of the PIU is to identify persons who require further examination by a competent authority.
The Regulations provide that PNR data shall not be processed in such a manner as to reveal a person’s race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation.
The Regulations also provide that an assessment of passengers prior to their arrival in or departure from the State carried out against pre-determined criteria shall be carried out in a non-discriminatory manner. The pre-determined criteria must be targeted, proportionate and specific in nature, regularly reviewed and shall not, in any circumstances, be based on the factors referred to above, e.g., a person’s race, ethnic origin, etc.
The Regulations provide for the appointment to the PIU of a Data Protection Officer responsible for monitoring the processing of PNR data and for data protection safeguards under the Regulation and a Data Protection Officer has been duly appointed.
Regulation 15 provides that the Data Protection Commission is responsible for advising on and monitoring the application of the Regulations within the State with a view to protecting fundamental rights in relation to the processing of personal data.
The Regulations provide for the exchange of PNR data with other Member States, Europol and third countries for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. As the Deputy will appreciate, it would be contrary to the public interest to disclose details of any such exchanges.
Finally, the PIU has also assumed responsibility for collecting and processing data obtained under the European Communities (Communication of Passenger Data) Regulations 2011 - this data is usually referred to as Advance Passenger Information (API).
Under the 2011 Regulations, API data is collected to facilitate the operation and administration of the law concerning the entry into, presence in, departure and removal from the State of persons and for other specified persons. API data is used by members of the Department’s Border Management Unit to facilitate them in their immigration control functions.
111. Deputy Lisa Chambers asked the Minister for Justice and Equality the legislative and operational measures he has undertaken to develop and implement systems to collect biometric data to responsibly identify terrorists. [7332/19]
View answer112. Deputy Lisa Chambers asked the Minister for Justice and Equality the challenges being faced in setting capacity to collect biometric data to responsibly identify terrorists. [7334/19]
View answer113. Deputy Lisa Chambers asked the Minister for Justice and Equality if he is sharing biometric data relating to terrorist activities with other relevant states, Interpol and other relevant international bodies. [7336/19]
View answer114. Deputy Lisa Chambers asked the Minister for Justice and Equality the way in which he is ensuring that the collection and exchange of biometric data is carried out in compliance with domestic and international human rights law. [7338/19]
View answerI propose to take Questions Nos. 111 to 114, inclusive, together.
The information requested by the Deputy cannot be provided in the time available. I have requested the information sought from the Garda Commissioner and I will write to the Deputy on receipt of same.
