Written Answers Nos. 85-99
85. Deputy Niamh Smyth asked the Minister for Justice and Equality the steps a person (details supplied) can take regarding the provision of a passport for the person's child; and if he will make a statement on the matter. [45706/19]
View answerPersons making an application for a certificate of naturalisation are required to provide satisfactory evidence of their identity and nationality. This is usually in the form of a current valid passport and may include other original supporting documents, such as a previously held or out of date passport, birth certificate and marriage certificate.
In rare circumstances where an applicant cannot produce their current passport, or a previous passport, birth certificate or other supporting documents, the applicant will be required to provide a full explanation. Such explanation should, where possible, be supported by satisfactory evidence that they have attempted to obtain such documentation and correspondence from the relevant authorities or embassy responsible for the issuing of passports and birth certificates in their country, clearly stating the reasons the documentation cannot be provided.
My Department will consider the explanation given and, if satisfied that it is for reasons genuinely beyond the applicant's control, may suggest alternative means to the person to assist in establishing their identity and nationality.
86. Deputy Darragh O'Brien asked the Minister for Justice and Equality if his attention has been drawn to the number of applications of new build social housing units stemming from the investment fund and enterprise option of the immigrant investor programme for 2017, 2018 and up to the end of August 2019; and if he will make a statement on the matter. [45716/19]
View answer87. Deputy Darragh O'Brien asked the Minister for Justice and Equality if his attention has been drawn to the number of applications for new build nursing homes and primary care centres that are under way stemming from the investment fund and enterprise option of the immigrant investor programme for 2017, 2018 and up to the end of August 2019; and if he will make a statement on the matter. [45717/19]
View answer94. Deputy Darragh O'Brien asked the Minister for Justice and Equality the number of new build social housing units, new build nursing homes and primary care centres that are under way stemming from the investment fund and enterprise option of the immigrant investor programme in 2017, 2018 and up to the end of August 2019; and if he will make a statement on the matter. [45715/19]
View answerI propose to take Questions Nos. 86, 87 and 94 together.
It is a requirement under the Immigrant Investor Programme (IIP) that applicants submit detailed business plans. The Plans for Investment projects involving construction set out, in detail, the number of units to be constructed.
In 2017, 5 nursing home projects and 566 social housing units were approved. In 2018, 4 nursing homes and 884 social housing units were approved. In 2019, 5 nursing homes and some 560 social housing units were approved. There is no record of any primary care centre applications being received in the years mentioned by the Deputy.
However, my Department is aware that projects evolve to reflect changed circumstances. Accordingly, to ensure continual compliance with the objectives of the scheme, my Department introduced a rolling review process, whereby applicants and projects that have received funding undergo a review at the year 2 and year 5 stages, and occasionally at the year 3 stage.
I can inform the Deputy that my Department has engaged directly with the Department of Housing, Planning and Local Government and has sought guidance form them on the applications received under the Immigrant Investor Programme for new build social housing units. My officials also exchanged information with that department relating to the projects seeking funding. My officials have requested a meeting with the Department of Health in respect of those applications that are proposing new build nursing homes.
As part of the assessments process my Department interacts with the relevant government departments and agencies regarding various aspects of proposed projects.
88. Deputy Ruth Coppinger asked the Minister for Justice and Equality the progress of drafting of legislation that may be required to amend section 15(1)(c) of the Irish Nationality and Citizenship Act 1956 following the High Court ruling on the interpretation on the requirement for an applicant for citizenship to be present here for a given time. [45582/19]
View answer89. Deputy Ruth Coppinger asked the Minister for Justice and Equality if there will be additional citizenship ceremonies planned following the resolution of the difficulties that have emerged following the High Court ruling on the residency of applicants for citizenship; and if he will make a statement on the matter. [45583/19]
View answerI propose to take Questions Nos. 88 and 89 together.
I am aware that the recent judgment of the High Court relating to continuous residency under Section 15(1)(c) of the Irish Nationality and Citizenship Act, 1956 (as amended) has given cause for concern. The matter remains before the courts, with the Court of Appeal reserving judgement on the appeal on 8 October, and the matter, therefore, remains sub-judice. We await an outcome from the Court of Appeal which will, of course, have a bearing on whether or not legislative change is required. Should it be necessary, I intend to introduce a Bill in the Oireachtas as soon as possible this term.
I know that colleagues of all parties are concerned with the difficulty that has arisen and I am hopeful that, if legislative change is necessary, the Oireachtas will give the Bill early and positive consideration.
My Department is doing everything possible to develop a legislative solution. At the end of July, I obtained Cabinet approval for a proposed Bill to address the matter and my department continues to work with the Office of Parliamentary Counsel in the Attorney General’s Office to finalise the draft Bill.
As the Deputy will appreciate, the scheduling of citizenship ceremonies will be very much influenced by both the judgement of the Court of Appeal and the introduction of any necessary legislation. My officials are currently engaged in contingency planning to ensure those most affected by current circumstances are invited to a naturalisation ceremony at the earliest possible opportunity. As soon as the legal issues are resolved, my officials will make all necessary arrangements for the next Citizenship Ceremony. Invitations will issue four weeks in advance of the ceremony to ensure everyone has adequate notice.
In the interim, my Department is advising those who are planning to apply for citizenship to continue to collect all of the necessary proofs that support their application and to submit a comprehensive application form. Once a solution is in place, if any additional information is required, applicants will be contacted as part of the processing of their application.
The ruling of the High Court is not considered to have consequences for anyone who has already obtained citizenship under the Act.
90. Deputy Joan Burton asked the Minister for Justice and Equality the timeline for the commencement of the Family Law Act 2019; his plans to commence all sections of the Act at once; if some sections will have to wait for a longer commencement period; if so, the sections; the length of time they will be delayed; and if he will make a statement on the matter. [45585/19]
View answerThe Family Law Act 2019 was signed into law by the President on 25 October 2019 and makes a number of amendments to existing laws in relation to divorce in Ireland. The Act comprises 3 Parts in all, with Part 1 pertaining to the short title and commencement of the Act.
Part 2 of the Act provides for amendments to Acts relating to family law. The main provision in Part 2 is section 3. Section 3 amends section 5 of the Family Law (Divorce) Act 1996. This reduces the minimum living apart period specified in that Act to two years during the previous three years. Previously the minimum living apart period was four years during the previous five years.
Part 3 of the Act makes provision for the recognition of divorces, legal separations and marriage annulments granted under the law of the United Kingdom, in the event that the United Kingdom withdraws from the European Union without an agreement that applies to this area of law. I will bring Part 3 into operation only if and when the United Kingdom withdraws from the European Union without such an agreement.
It is my intention to make a commencement order to bring all sections of Parts 1 and 2 of the Family Law Act 2019 into operation on 1 December 2019. At the heart of the Government’s reforms in this area of the law is a desire to ease the burden on people whose marriages have broken down. This legislation will ensure that the process for obtaining a divorce is fair, dignified and humane.
91. Deputy Catherine Connolly asked the Minister for Justice and Equality when the review of the Criminal Law (Sexual Offences) Act 2017 will be published; the mechanism for review; when the review will commence; the terms of reference of the review; the person undertaking the review; the stakeholders to be consulted in its preparation; the procedure for making submissions by interested parties; and if he will make a statement on the matter. [45640/19]
View answerPart 4 of the Criminal Law (Sexual Offences) Act 2017 specifies that, not later than 3 years after its commencement, the Minister for Justice and Equality shall cause a report to be prepared on the operation of Section 7A of the Act and cause this report to be laid before each House of the Oireachtas.
This report is required to include information as to the number of arrests and convictions in respect of offences under Section 7A of the Act during the period from commencement of that section and an assessment of the impact of the operation of that section on the safety and well-being of person who engage in sexual activity for payment.
My Department is at present undertaking the groundwork for the preparation of this report. The approach to be adopted, including the means for consultation with stakeholders, will be announced and the report, when complete, will also be published in due course.
92. Deputy Darragh O'Brien asked the Minister for Justice and Equality the number of applications that have been made for the immigrant investor programme via the enterprise, investment, REIT and endowment options up to the end of August 2019; the breakdown for each period for 2019 (details supplied) in tabular form; the number of applications in 2017 and 2018; and if he will make a statement on the matter. [45713/19]
View answerThe information requested by the Deputy is provided below in two separate tables.
Applications for each of the options under the Immigrant Investor Programme made in the years 2017 and 2018.
|
2017 |
2018 |
|
|
Enterprise Investment |
197 |
317 |
|
Investment Fund |
81 |
32 |
|
REIT |
1 |
1 |
|
Endowment |
47 |
74 |
|
Total |
326 |
424 |
Applications received for each of the options under the Immigrant Investor Programme in each application window in 2019.
|
2019 |
March |
April |
May |
August |
Total |
|
Enterprise Investment |
9 |
11 |
31 |
23 |
74 |
|
Investment Fund |
1 |
0 |
3 |
17 |
21 |
|
REIT |
0 |
0 |
0 |
0 |
0 |
|
Endowment |
1 |
9 |
24 |
35 |
69 |
|
Total |
11 |
20 |
58 |
75 |
164 |
93. Deputy Darragh O'Brien asked the Minister for Justice and Equality the number of applications for the immigrant investor programme via the enterprise investment, REIT and endowment options that have been approved up to the end of August 2019, for 2017 and 2018; and if he will make a statement on the matter. [45714/19]
View answerThe statistics requested by the Deputy are detailed in the table below. The Deputy should note that these figures are based on the date that a decision on the application was made and will include applications made in the preceding year.
Number of grants made from 1 January 2017 to 31 August 2019
|
2017 |
2018 |
2019 (31 Aug) |
Total |
|
|
Enterprise Investment |
280 |
103 |
228 |
611 |
|
Investment Fund |
63 |
54 |
18 |
135 |
|
REIT |
1 |
0 |
0 |
1 |
|
Endowment |
26 |
24 |
50 |
100 |
|
Total |
370 |
181 |
296 |
847 |
95. Deputy Darragh O'Brien asked the Minister for Justice and Equality the steps he has taken to ensure that funds under the immigrant investor programme are fully drawn down and verified before visas are granted; and if he will make a statement on the matter. [45718/19]
View answerI take it that the Deputy's reference to visas refers to a permission to reside in Ireland rather than a permission to travel to Ireland. A visa would normally be placed in a person's passport by an Irish consular official outside the State to allow that person to travel to Ireland for a stated purpose. It may be necessary to issue a visa to a potential investor prior to the completion of the investment in order that the person travel to Ireland to complete the legal and other requirements of the investment and to register for permission to reside here.
However, as of 1 January 2019 my Department introduced new control measures to allow for the verification of the investment prior to the granting of a residence permission. A successful applicant is now invited to make their investment and on completion of this process and on the provision of evidence of the investment they will be granted a residence permission. An applicant is given 90 days in which to complete their investment. Failure to do so will result in the application being deemed withdrawn.
Prior to 2019 the applicant was required to provide this evidence when they were registering for their permission to reside. They had to provide a letter from their legal representative confirming the investment was made, a letter from the beneficiary stating that they had received the investment and documentary evidence based on the investment type e.g. a share certificate from the investment fund confirming the investment.
96. Deputy Darragh O'Brien asked the Minister for Justice and Equality the steps he has taken to ensure the immigrant investor programme adheres to best practice in investor programmes in the OECD in terms of anti-money laundering, international sanction checks, political exposed persons and client verification; and if he will make a statement on the matter. [45719/19]
View answerI can inform the Deputy that my Department introduced enhanced due diligence checks in 2018 on all applicants to the Immigrant Investor Programme. This involved the utilisation of best in class compliance databases including politically exposed person checks. Further control measures were introduced from 1 January 2019 . All applicants must now provide a third party due diligence report from a risk management company. Additionally, all personal documentation must be apostilled or dually legalised in the country of origin before it will be accepted.
In 2019 a data sharing agreement was signed with the Revenue Commissioners which allows for the sharing of certain applicant information with the Revenue Commissioners for onward sharing with both the OECD and the applicant's country of origin. This measure was adopted to support the OECD’s Common Reporting Standard. The data will be shared once an applicant has made their investment in Ireland.
97. Deputy Darragh O'Brien asked the Minister for Justice and Equality the steps he has taken to address the issue of organisations making third party payments to secure funding under the endowment option of the immigrant investor programme or other options; and if he will make a statement on the matter. [45720/19]
View answerThe payment of fees by a charity or enterprise is a commercial matter to be decided upon by the responsible parties of the organisation and the policing of this is not a matter for this Department. The Charities Regulator is the competent authority with responsibility for the charities sector.
My Department has, however, made it clear through information updates and engagement with the charity sector that any funding received through the endowment option of the Immigrant Investor Programme is to be solely utilised for the purposes for which it was sought and that there can be no deductions of fees from the amount being donated. This goes against the entire purpose of this option which is that of a donation to a good cause. My Department will take the necessary steps to ensure this is the case, up to and including removing the residence permission from an applicant found to have engaged in such practice.
98. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 646 of 6 September 2019, the number of drivers by District Court area convicted following court proceedings taken in respect of the offence of driving without a driver licence from 1 January 2019 to 12 September 2019; the penalty imposed; and if he will make a statement on the matter. [45721/19]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, and this includes the provision of information on the courts system.
I have referred this question to the Courts Service. The Courts Service have advised they are compiling the requested information and will respond directly to the Deputy as soon as possible.
If the Deputy has not heard from the Courts Service in 21 days, please contact my office.
99. Deputy Imelda Munster asked the Minister for Business, Enterprise and Innovation the number of vacant positions in the Office of the Director of Corporate Enforcement; and the length of time each position has been vacant. [45593/19]
View answerThere are currently four vacancies in the Office of the Director of Corporate Enforcement (ODCE), the post of Corporate Compliance Manager and three vacancies for Forensic Accountant (AP Equivalent – Accountant Grade 1). The three Forensic Accountant vacancies became vacant on 8th May, 2019, 19th May 2019 and the most recent on Monday last 4th November, 2019.
In relation to the post of Corporate Compliance Manager, the current Director is considering this as part of a significant restructuring of the ODCE that he has undertaken to better reflect the organisation’s needs in the context of both its strategic shift towards deploying resources towards more serious indications of wrongdoing and the increasingly complex environment within which the ODCE operates. As such, the Director is of the view that it is preferable to allow that process to fully bed down before filling the Corporate Compliance manager vacancy. The Director is further conscious of the fact that the transition of the ODCE to an independent Agency will give rise to additional expertise requirements and, as such, is of the view that it is prudent that those considerations should be factored into developing the role, and associated skill set, required of the appointee.
