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Tuesday, 30 Jun 2020

Written Answers Nos. 287-308

Irish Naturalisation and Immigration Service

Questions (287)

Peadar Tóibín

Question:

287. Deputy Peadar Tóibín asked the Minister for Justice and Equality the length of the backlog in processing EU treaty rights reviews; the number of persons on the list for review; if the INIS is operating at full capacity in relation to processing these applications; and if she will make a statement on the matter. [12833/20]

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Written answers

The EU Treaty Rights Review Unit of the Immigration Service Delivery (ISD) of my Department processes review applications received from applicants who have been refused residence permits as family members of EU citizens exercising free movement rights in compliance with the requirements of EU Directive 2004/38/EC and the Free Movement of Persons Regulations 2015.

There is a significant number of review cases on hand arising from a sustained increase in applications since 2014. Currently, there are 2,283 cases awaiting processing at EU Treaty Rights review stage, of which 1,751 review applications (76%) have been awaiting a decision for over a year, with the oldest cases having been received in May 2017.

The work involved in assessing review applications is detailed and complex and often requires significant interaction with the applicant and other State bodies to ensure that the full set of facts are available to the deciding officer.

The ISD is committed to processing applications with the objective of achieving the highest possible level of efficiency for applicants, while at the same time, safeguarding the integrity of the State's immigration system. The ISD appreciates the impact of associated delays on the persons concerned and is undergoing an analysis of resources available to process these cases in a timely manner.

In addition, the restrictions arising from the current COVID-19 pandemic have also regrettably resulted in significant challenges to the delivery of normal services. As a result of these restrictions, the EU Treaty Rights Review Unit and ISD in general, along with many other public and private sector organisations are experiencing significant disruption in delivering core functions.

The EU Treaty Rights Review Unit continues to work within these restrictions, while recognising that public safety and the wellbeing of staff are both urgent priorities.

Alcohol Sales

Questions (288, 296, 334)

Paul McAuliffe

Question:

288. Deputy Paul McAuliffe asked the Minister for Justice and Equality her plans to review legislation relating to alcohol delivery services specifically in relation to the regulation of a number of practices including point of sale, age verification and legal hours of both sale and delivery. [12933/20]

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Fergus O'Dowd

Question:

296. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if the requested meeting with officials for a campaign (details supplied) will be organised; and if she will make a statement on the matter. [13011/20]

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Róisín Shortall

Question:

334. Deputy Róisín Shortall asked the Minister for Justice and Equality if she will consider issues raised by an organisation (details supplied) in relation to alcohol delivery services; if she will address loopholes in the system; and if she will make a statement on the matter. [13636/20]

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Written answers

I propose to take Questions Nos. 288, 296 and 334 together.

A number of issues have been raised by the Deputy including in relation to the possibility of a meeting. I regret that it was not possible to compile this information in the time available and I will respond directly to him in writing.

The following deferred reply was received under Standing Order 51
I refer to parliamentary Question No. 288 for answer on 30 June 2020 regarding concerns in relation to purchase for delivery of alcohol products.
As the Deputy will recall, the relevant information was not be obtained in the time available and I undertook to contact you again when the details were to hand.
I understand the concerns that people have in relation to the purchase for delivery of alcohol products and am very conscious of the detrimental effects of alcohol dependency on families and society. I can confirm that I have received the letter from the Irish Community Action on Alcohol Network (ICAAN) requesting a meeting and that the request is currently being considered.
In terms of assessing whether a review of legislation is required in relation to the delivery of alcohol, however, it is essential that there is a clear understanding of what the current regulations are under existing legislation.
There is no dedicated licence for online sales of intoxicating liquor but licensees of licensed premises may engage in online sales subject to certain restrictive conditions.
As matters stand, under existing legislation where alcohol is purchased online, the same restrictions on the sale and supply of intoxicating liquor apply, including the restrictions in relation to hours of trading and the provisions in relation to the sale and supply of intoxicating liquor to young persons.
Under section 17(3) of the Intoxicating Liquor Act 2003, it is an offence for a licensee, with intent to evade the conditions of the licence, to take intoxicating liquor from the licensed premises for the purpose of its being sold on the account or for the benefit or profit of the licensee, or to permit any other person to do so. The penalty on conviction is a fine of up to €1,500 for a first offence and up to €2,000 for a second or subsequent offence.  
Section 31 of the Intoxicating Liquor Act 1988, as amended, makes provision for offences relating to the sale and delivery of alcohol products to persons under the age of 18 years. It is an offence under section 31(2) for a licensee to sell or deliver, or to permit any other person to sell or deliver, alcohol products to any person for consumption off his or her licensed premises by a person under the age of 18 years in any place except with the explicit consent of the person's parent or guardian in a private residence in which he or she is present either as of right or with permission. The penalty on conviction for this offence is a fine of up to €1,270 for a first offence and up to €1,904 for a second or subsequent offence. In addition, the Intoxicating Liquor Act 2000 provides for the mandatory temporary closure of licensed premises in cases where a licensee is convicted of an offence under section 31 of the 1988 Act (up to 7 days for a first offence, or at least 7 and not more than 30 days for a second or subsequent offence).
With technology that facilitates video calls being commonplace in the conduct business in a broad spectrum of contexts such as doctor’s surgeries, there do not appear to be any practical impediments to vendors verifying the age of purchasers who purchase alcohol from their homes.   The purchase must be completed from their home in advance of delivery.
The Government Alcohol Advisory Group considered specific issues relating to 'distance sales' of intoxicating liquor in its 2008 Report.  It took the view that sales of alcohol products which have been ordered by telephone or text messaging and which are paid for on delivery do not comply with licensing law requirements and are, therefore, illegal. The Group recommended that the Gardaí target “dial-a-can” and similar delivery services with a view to prosecuting the offending licensees. Any information concerning transactions of this nature which are contrary to the provisions of the Licensing Acts should, therefore, be brought to the attention of the Gardaí for investigation and possible prosecution. 
In conclusion, there is substantial existing legislation to regulate the delivery of alcohol services in Ireland and, as matters currently stand, I do not propose to introduce new legislation in this area.  However, I do appreciate that, with the Covid-19 outbreak, habits of consumers have been affected and the share of purchases online has increased substantially. These changes may be temporary or they may be the beginning of longer term trends. It is perhaps too early to tell what impacts these changes may have and whether increased online sales and delivery of alcohol will, on balance, provide increased convenience and choice to consumers and new revenue streams for small rural pubs or have negative impacts on society that require further regulation.  It is in that context that I very much welcome the work being carried out by groups like ICAAN in assisting in the gathering of data in relation to the potential impacts of changes in our society that can help inform an evidence based approach to policy development on these matters.
I trust that this information is of assistance.  
Question No. 289 answered with Question No. 269.

Prisoner Health

Questions (290, 291)

Mark Ward

Question:

290. Deputy Mark Ward asked the Minister for Justice and Equality if her attention has been drawn to the fact that access to prisoners by addiction practitioners working for the community prison links service has not been consistently available across all prisons since the onset of Covid-19, in particular in Mountjoy and Wheatfield prisons; and if she will make a statement on the matter. [12951/20]

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Mark Ward

Question:

291. Deputy Mark Ward asked the Minister for Justice and Equality if she will direct that prisons include the community prison links service on the list of professional contacts for prisoners in order that access to clients can be had via telephone and more comprehensively post-Covid-19; and if she will make a statement on the matter. [12952/20]

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Written answers

I propose to take Questions Nos. 290 and 291 together.

I am informed by the Irish Prison Service that Community Prison Links is primarily a community-based programme that works with people in the community around addiction issues. In some cases the organisation continues to work with individuals in the event they enter into the custody of certain prisons in the State. As Community Prison Links is primarily community-based, and only available in a limited number of prisons, the Irish Prison Service does not intend to make the service available on the prisoner phone system. However, I am advised that the situation will be kept under review.

Regarding access to prisons, as the Deputy will appreciate, in the context of the Covid-19 pandemic a range of measures including restrictions on access to prisons have been required to protect our prison population, in line with public health advice.

I am advised by the Irish Prison Service that, throughout the Covid-19 crisis, every attempt has been made to maintain as many therapeutic services as possible for the whole prison population. These include services such as healthcare, psychology, psychiatry and drug counselling. I am informed that new approaches were introduced to maintain and deliver these services during the pandemic, including innovations including telephone and video facilities for as many services as possible.

I and the Irish Prison Service appreciate that many services are eager to resume contact with prisoners. I am assured that every effort is currently being made to broaden access and reinstate as many services as possible in a safe, controlled and appropriate manner and that services will be facilitated, insofar as is possible in line with national and international best practice guidelines. However, the Deputy will appreciate that such steps pose a number of challenges in a prison environment and must be carefully calibrated in line with ongoing risk assessments. The Irish Prison Service advises me that in this context, it will not be expected that all services could be afforded these opportunities, as the Irish Prison Service is limited in both time availability and the safe logistical access of prisoners to these services.

Legal Aid

Questions (292)

James Lawless

Question:

292. Deputy James Lawless asked the Minister for Justice and Equality her plans to review the civil legal aid scheme with particular emphasis on the legal aid scheme and its application in family law cases; the date of the last comprehensive review of the legal aid scheme; and if she will make a statement on the matter. [12953/20]

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Written answers

The statutory position regarding the provision of civil legal aid derives from the Civil Legal Aid Act 1995 under which the Legal Aid Board was established as the statutory provider of legal aid through the civil legal aid scheme.

Approximately two thirds of the cases dealt with by the Legal Aid Board, under the civil legal aid scheme, are connected with family law matters. The legal aid scheme as administered by the Board is recognised as having a key role in a modernised family court system, as is the use of family mediation.

In that context, I would like to draw the Deputy’s attention to the fact that comprehensive proposals for modernisation and reform of the family court system, which include the preparation of a Family Court Bill, are being developed by my Department. Those proposals will involve a broad consideration as to the best means of providing access to various family law mechanisms available to those families involved in private family law cases, not least through the legal aid scheme. That consideration, will also allow for an examination of the recommendation contained in the Joint Committee on Justice and Equality Report on Reform of the Family Law System concerning the need for a full review of the legal aid scheme, with particular regard to means test rates, contribution requirements and eligibility.

As regards reviews in general, the Legal Aid Board reviews the operation of the civil legal aid scheme and submits proposals to my Department for consideration. My Department works with the Legal Aid Board on an ongoing basis in evaluating these proposals with the aim of optimising the ability of the Board to provide civil legal aid to persons of insufficient means.

English Language Training Organisations

Questions (293)

Anne Rabbitte

Question:

293. Deputy Anne Rabbitte asked the Minister for Justice and Equality her views on a document (details supplied); if she is considering introducing the measures outlined; her plans to engage with the groups; and if she will make a statement on the matter. [12972/20]

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Written answers

My Department has taken extensive measures to date to support students and the English language educational sector all the while engaging with MEI (Marketing English in Ireland), the representative body for the majority of language schools in Ireland. With regard to the visa measures outlined in the document referred to by the Deputy, my Department is committed to retaining the current Stamp 2 permission and the ancillary right to work for students holding this permission.

On 13 May 2020, my Department announced that immigration permissions due to expire between 20 May and 20 July 2020 will be automatically extended for two months. Any permission which was renewed by an earlier notice of 20 March 2020 and which therefore has a new expiry date between 20 May 2020 and 20 July 2020 is also renewed. This exceptional temporary measure also applies to non-nationals currently outside the State, provided the person otherwise meets the conditions set out in the notices.

On 26 May 2020 further measures were introduced to assist international students studying English in Ireland who have been impacted upon by the COVID-19 pandemic.

The new measures are as follows:

- Students who left the State before completion of their studies due to COVID-19 may return and resume their studies and the duration of their absence will not count towards the two years maximum period of English language study allowed; and

- International English language students with a current, valid permission who are still in the State and who have completed the maximum two years permitted as a language student, but due to COVID-19 are unable to return home, may remain as students until the end of the year provided they re-enrol in an online course of study for the remainder of the year.

These new measures to support students will provide some assurance and certainty for the coming months. We will continue to keep the situation under active review as matters evolve in our national response to the COVID-19 pandemic.

The renewal of permission is on the same basis as the existing permission and the same conditions attach. This means, for instance, that students will need to ensure that they remain enrolled on their course of study.

MEI (Marketing English in Ireland) have confirmed that most colleges are now offering on-line courses, and students should contact their college directly to make any necessary arrangements.

Visa required students will need to apply for a visa before returning to the State if the validity period of the visa held has expired. While the Immigration Service has temporarily ceased accepting new visa applications, persons legally resident in the State are included in the categories of Priority / Emergency cases, which will continue to be processed. Visa required students are advised to consult the Immigration Service website for the required documentation - www.inis.gov.ie.

While both the Dublin area Registration Office in Burgh Quay and regional Registration Offices operated by An Garda Síochána remain temporarily closed, arrangements have been put in place for students awaiting first time registration, students who wish to change their permission applications and students who wish to avail of the Third Level Graduate Programme.

A new online Registration Renewal System for non-EEA national students based in Dublin was launched by my Department on 22 June, 2020.

Students wishing to renew their registration will complete their renewal online without having to book an appointment or personally attend the registration office. The service will be made available to all categories of non-EEA national students residing in the Dublin area only, who are eligible for renewal of their permission to reside in Ireland.

Students seeking to renew their permission will now complete the application form online via the following link https://inisonline.jahs.ie, upload copies of supporting documents online, pay the applicable fee and then submit their passport and current IRP card via registered post. Documents will be checked and, if approved, the passport will be stamped and returned by registered post and an IRP card issued by express post.

In general, the requirements for which countries are visa required to come to Ireland are kept under regular review in consultation with the Minister for Foreign Affairs and Trade. There are a wide range of factors that need to be taken into account, including the promotion of business and trade and facilitating people who genuinely wish to come here. However, there are a number of other factors that also must be taken into consideration when any change to the visa regime is contemplated.

The Government is pursuing a strategy of greater co-ordination and co-operation on visa issues with the United Kingdom (UK) in the context of the Common Travel Area (CTA) and the future expansion of the British-Irish Visa scheme. This scheme, which is agreed on a country by country basis, enables short stay visa holders to travel freely within the CTA. Since its launch for China and India there has been a substantial increase in the numbers of visitors from these countries. As part of this greater co-operation, the matter of alignment of those States whose citizens are visa required is an important consideration. The greater the extent of alignment between the two jurisdictions, the greater the opportunity to increase the numbers of tourism and business visits to the CTA.

As with all visa services worldwide, the overarching concern is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime, while at the same time facilitating travel for those who want to come to Ireland.

Further updates will be provided on the Immigration Service website when available, and I would encourage all students to regularly consult our updates on the website at: www.inis.gov.ie/en/INIS/Pages/COVID-19-updates-and-announcements.

A detailed Frequently Asked Questions (FAQ) document is also available on this website on the impact of COVID-19 on immigration and international protection. This document is regularly updated.

Immigration Policy

Questions (294)

Bernard Durkan

Question:

294. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 260 of 9 June 2020, the procedure now being followed by the immigration authorities to determine the entitlement of the applicant under Irish or international law in view of the fact that the order to deport has been revoked; the extent to which the case can validly progress in the short term; the means by which it can be progressed; and if she will make a statement on the matter. [12978/20]

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Written answers

My Department is obliged, pursuant to section 26 of the International Protection Act 2015, to ensure that the identity of any person who applies for international protection is kept confidential. Section 26(1) sets out that “the Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential".

Therefore, if an application for international protection has been made in the State, it is not the practice to comment on such applications. The applicant or their designated legal advisor should contact the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate. This will enable a full and comprehensive reply to be provided.

The staff of the Chief International Protection Officer and International Protection Officers are independent by law in the exercise of their international protection functions. They are also bound by confidentiality provisions in respect of applicants as set out in the 2015 Act, and as a consequence, will only deal with the applicant or their legal representative in the processing of their application.

The law governing the examination and determination of applications for international protection is set out in the International Protection act 2015 and the document in the link below will help in understanding the procedures for processing such applications. www.ipo.gov.ie/en/IPO/InfoBookletNew.pdf/Files/InfoBookletNew.pdf .

Football Association of Ireland

Questions (295)

Catherine Murphy

Question:

295. Deputy Catherine Murphy asked the Minister for Justice and Equality if she has engaged with an organisation (details supplied) in 2020 regarding issuing funding to it; and if she will make a statement on the matter. [12993/20]

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Written answers

I wish to advise the Deputy that my Department has not issued any funding to the Football Association of Ireland (FAI) in 2020.

My Department has engaged with the FAI in 2020 in relation to the payment of a multi-annual grant awarded through the administration of the EU Asylum, Migration and Integration Fund in 2016. The €150,073 grant, to be paid between April 2017 to April 2020, was awarded to the FAI following an open call for proposals for integration-related projects.

The relevant project combines football with English language teaching in order to integrate migrants into local communities. Such a project helps build engagement between established local communities and those newly joining those communities. EU funding covers 75% of the project cost and the FAI provide the remaining 25% of the cost.

The FAI received one (€45,000) instalment of their grant to date in 2017. Since the project commenced, Department officials have twice carried out spot checks to verify the expenditure. In addition, the FAI reports quarterly on financial and operational activities and these reports are reviewed by my Department.

A decision not to make any further instalment payments of the grant to the FAI was taken immediately after the CEO of Sport Ireland informed this Department, in April 2019, of its decision to withhold future funding to the FAI. The Department informed the FAI of this decision and that funding would only be restored once it become clear that confidence in governance for the organisation is re-established.

Following an audit of the FAI and revised guidance from Sport Ireland the following was agreed between the Department and the FAI in April 2020:

- My Department would restore funding from when it was suspended up until April 2019. However, the Department will retain funds until a final reconciliation is complete and a balancing statement will be issued.

- No extension would be provided to the Grant Agreement which ended on 9 April 2020.

- The FAI should provide quarterly reports and final reports to cover the period until the end of Grant Agreement.

At the time of this response the Department is awaiting reports and a final claim from the FAI for the previous 12 months.

Question No. 296 answered with Question No. 288.

Visa Applications

Questions (297)

Bernard Durkan

Question:

297. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of joint family visa applications in the case of persons (details supplied); and if she will make a statement on the matter. [13024/20]

View answer

Written answers

As previously advised, the join family visa applications referred to by the Deputy were submitted to the Visa Office in Abuja, Nigeria on 1 April 2019. They were subsequently received by the Immigration Service in Dublin on 20 January 2020, for further processing, in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification.

The Policy Document contains a stated business target that visa applications to join non-EEA national family members should be dealt with within six months of receipt of application. However, it should be noted that this is a business target and does not constitute a legal obligation. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.

It is not possible to give a definitive date as to when these applications will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service to investigate, inquire into, or seek further information, and the resources available.

The COVID-19 pandemic has had a significant impact on the way the Immigration Service Delivery function (ISD) of my Department conduct its business. In line with advice issued by Government, HSE and the National Public Health Emergency Team (NPHET), ISD has implemented a suite of measures to help in reducing the spread of the virus. These measures include the closure of our offices in Burgh Quay and the implementation of remote working for Immigration Services staff in order to comply with social and physical distancing measures. Unfortunately, these measures have led to a reduction in processing capacity. While delays are expected including in the processing of family re-unification visa applications, ISD is endeavouring to keep operating to the best of its ability.

Further updates will be provided on the Immigration Service website when available, and I would encourage the Deputy to view the updates and the detailed Frequently Asked Questions document on the Immigration Service website at: www.inis.gov.ie/en/INIS/Pages/COVID-19-updates-and-announcements.

In addition, applicants can e-mail queries directly to visamail@justice.ie and may also keep up to date on Visa applications at www.inis.gov.ie/en/inis/pages/visa%20decisions.

Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy’s view, inadequate or too long awaited.

Deportation Orders

Questions (298)

Bernard Durkan

Question:

298. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the request to set aside a deportation order in the case of a person (details supplied); and if she will make a statement on the matter. [13025/20]

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Written answers

The person concerned is the subject of a Deportation Order signed on 01 February 2019.

Representations, pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended), have been received on behalf of the person requesting that the Deportation Order be revoked.

This request will be considered as soon as possible and a decision will then be made to either "affirm" or "revoke" the existing Deportation Order. This decision will be communicated in writing. In the meantime, the Deportation Order remains valid and in place.

Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy’s view, inadequate or too long awaited.

Citizenship Ceremonies

Questions (299)

Noel Grealish

Question:

299. Deputy Noel Grealish asked the Minister for Justice and Equality if she will consider online citizenship ceremonies for naturalised citizens in view of the fact regular citizenship ceremonies cannot take place; and if she will make a statement on the matter. [13026/20]

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Written answers

Following on from the necessary postponement of the citizenship ceremonies scheduled for July of this year in the INEC Killarney, work commenced immediately on the examination of alternative methods of service delivery.

A critical consideration is the protection of the welfare and safety of the participants and the general public. It is also essential that any arrangements put in place ensure the event is held with an appropriate degree of dignity and solemnity, as befits an event of such importance in the lives of our new citizens. Apart from marking a key milestone in the lives of those who have chosen this State as their home, the citizenship ceremonies satisfy an important legal requirement for the granting of a certificate of naturalisation as successful applicants must take an oath of fidelity to the Nation, as administered by the Presiding Officer, a retired member of the judiciary.

Testing has already commenced on platforms which will enable the delivery of virtual ceremonies and as soon as the necessary arrangements are in place a notice will be placed on the ISD website and applicants will be informed.

It is my Department’s intention that large scale ceremonies will recommence once circumstances allow.

Covid-19 Pandemic

Questions (300, 306)

Catherine Murphy

Question:

300. Deputy Catherine Murphy asked the Minister for Justice and Equality the resources she has made available regarding the enforcement of the terms and conditions attached to the locator form; the procedures in place to track and engage with persons that are non-compliant; if gardaí have arresting and or supervisory powers in relation to the locator form; and if she will make a statement on the matter. [13097/20]

View answer

Catherine Murphy

Question:

306. Deputy Catherine Murphy asked the Minister for Justice and Equality if she has engaged with the Minster for Health and the Garda Commissioner in respect of the use of a locator form for persons entering the State; the resources she has made available regarding the enforcement of the terms and conditions attached to the locator form; if she has consulted with the Garda Commissioner in this regard; the procedures in place to track and engage with persons that are non-compliant; if she has engaged with the Minister for Health and the Garda Commissioner in this regard; if gardaí have arresting and or supervisory powers in relation to the locator form; if not, her plans to introduce them; and if she will make a statement on the matter. [13198/20]

View answer

Written answers

I propose to take Questions Nos. 300 and 306 together.

My Department agreed to undertake, on behalf of the health authorities, the collection of public health passenger locator forms on a temporary administrative basis. Any case of non-compliance are referred directly to the Garda National Immigration Bureau (GNIB) for follow up. Section 31(a) of the Health Act 1947 (as amended) provides for powers of arrest for An Garda Síochána. The Act and the regulations were brought forward by the Minister for Health.

The system of spot checks and follow up calls is being operated by officials from the Border Management Unit (BMU) of my Department and the Garda National Immigration Bureau (GNIB) on behalf of the health authorities. The BMU operate the scheme at Dublin Airport , which is the principal route through which people enter the State by air. The Garda National Immigration (GNIB) manage the compliance for the other ports after which the passenger locator forms are forwarded to the BMU in Dublin Airport, who also carry out the follow-up calls for those ports.

The BMU has established a system to follow-up on all arrivals at a proportionate rate of a minimum of 70%, after removal of the exempt categories of passengers. The cohort of passengers failing to answer initial phone calls are followed up with repeated further telephone contacts. The first calls are made two days after passengers have arrived into the State. For any passengers staying in the State for up to 14 days or more, a second call will be made on day 10 to ensure they are still residing at the address provided and self-isolating.

The BMU operates 24/7 on a split roster over two terminals in Dublin Airport, comprising of eight teams working a 12 hour shift. The current staffing numbers are as follows:

1 Assistant Principal Officer

2 Higher Executive Officers

18 Executive Officers

128 Clerical Officers.

Since the introduction of the Passenger Locator Form, every member of the Unit has been involved in the collection of passenger information and follow up phone calls to passengers.

The BMU are undertaking this role on behalf of the Department of Health until the end of June, 2020 at which time it will be necessary for BMU staff to revert to their core duty of immigrating passengers to protect and secure Ireland’s borders.

Garda Transport Provision

Questions (301)

Catherine Murphy

Question:

301. Deputy Catherine Murphy asked the Minister for Justice and Equality if a contract has recently been put out for tender for the supply of new motorbikes for the Garda fleet; and if so, when she expects the new motorbikes to come into the fleet. [13145/20]

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Written answers

In accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána. In addition, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. This includes responsibility for the allocation of Garda vehicles among the various Garda divisions. As Minister, I have no role in these matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.

As the Deputy may be aware, significant capital investment is being made in An Garda Síochána, including a total of €46 million specifically for the Garda fleet between 2016 and 2021. This continuing investment is intended to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.

Of this investment, a total of €9 million was made available for purchase and fit-out of additional Garda vehicles in 2020. I am also informed that in order to protect the ongoing availability of vehicles and in anticipation of the impact of public health restrictions on motor factory or fit-out workplaces, 94 additional vehicles were purchased by the Garda authorities in March 2020 at a cost of €2.4m and fit-out costs of €600,000. In addition, a further 210 vehicles have been hired by An Garda Síochána this year, to provide additional capacity during the Covid-19 pandemic.

I am informed by the Garda authorities that as of 31 May 2020, there were 2,928 vehicles attached to the Garda Fleet, including vehicles attached to the national units and not including hired vehicles. I understand from the Garda authorities that this total includes 115 motorcycles.

Motorcycles for the Garda fleet are procured using a contract put in place by the Office of Government Procurement Contract.

I am informed by the Garda authorities that An Garda Síochána has recently taken delivery of 25 new motorcycles and that these are expected to be allocated in the near future, when the necessary operational fit-out has been completed. Allocation will be a matter for the Commissioner and his management team, on the basis of identified operational demand.

Garda Transport Provision

Questions (302)

Catherine Murphy

Question:

302. Deputy Catherine Murphy asked the Minister for Justice and Equality if funding will be provided to purchase extra Garda public order unit vans; and if so, when those vans will come into the fleet in addition to the 15 new Garda public order unit vans that came into the fleet in 2019 and 2020. [13146/20]

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Written answers

In accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána. In addition, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. This includes responsibility for the allocation of Garda vehicles among the various Garda divisions.

As Minister, I have no role in these matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.

Significant capital investment is being made in An Garda Síochána, including a total of €46 million specifically for the Garda fleet between 2016 and 2021. This continuing investment is intended to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.

Of this investment, a total of €9 million was made available for purchase and fit-out of additional Garda vehicles in 2020. I am also informed that in order to protect the ongoing availability of vehicles and in anticipation of the impact of public health restrictions on motor factory or fit-out workplaces, 94 additional vehicles were purchased by the Garda authorities in March 2020 at a cost of €2.4m and fit-out costs of €600,000. The allocation of these and all other vehicles in the fleet is entirely a matter for the Commissioner and his management team.

I am informed by the Garda authorities that as of 31 May 2020, there were 2,928 vehicles attached to the Garda Fleet, including vehicles attached to the national units.

I understand that as of May 2020, a total of 29 vehicles categorised as public order vans were deployed nationally across all Garda regions and that 15 public order vans were added to the fleet in the second half of 2019.

I am informed by the Garda authorities that there are no plans to purchase additional public order vans this year and that the operational need for all vehicle types will be considered in the context of the 2021 budgetary process.

Finally and for clarity, it may be noted that the total fleet figure included above does not include the additional 210 vehicles which have been hired by An Garda Síochána this year, to provide additional capacity during the Covid-19 pandemic.

Garda Training

Questions (303)

Catherine Murphy

Question:

303. Deputy Catherine Murphy asked the Minister for Justice and Equality when each specialist training course held at either Garda headquarters or the Garda training college will resume. [13147/20]

View answer

Written answers

The administration and management of An Garda Síochána is by law a matter for the Garda Commissioner. This includes responsibilities for matters including recruitment and training of members. These are not matters for which I am responsible as Minister.

In the context of the Covid-19 pandemic and associated public health restrictions, public access to the Garda College has been prohibited since 12 March 2020. At that time, over 300 Garda trainees attested earlier than scheduled and sworn members of Garda College staff were deployed to operational duties in order to enhance Garda capacity to respond to that pandemic.

In terms of current position, I am informed by the Garda Commissioner that arrangements have now been made which are permitting further intakes of Garda recruits, despite the current situation.

However I am informed that it remains the case that all specialist training, with the exception of Firearms Training, was suspended on 16 March 2020 in the context of the pandemic. I understand that this suspension remains in place at this time, notwithstanding the arrangements in place the intake of new recruits. An Garda Síochána indicate that a definitive date cannot be provided at this point for resumption of all specialist raining, but that plans for resumption will be drawn up in the coming weeks and months, in line with Government and public health guidance.

Student Visas

Questions (304)

Joe O'Brien

Question:

304. Deputy Joe O'Brien asked the Minister for Justice and Equality if consideration has been given to further visa extensions for students that are here to study English that have had classes cancelled as a result of the ongoing pandemic; and if she will make a statement on the matter. [13155/20]

View answer

Written answers

On 13 May 2020, my Department announced that immigration permissions due to expire between 20 May and 20 July 2020 will be automatically extended for two months. Any permission which was renewed by an earlier notice of 20 March 2020 and which therefore has a new expiry date between 20 May 2020 and 20 July 2020 is also renewed. This exceptional temporary measure also applies to non-nationals currently outside the State, provided the person otherwise meets the conditions set out in the notices.

On 26 May 2020, my Department set out further measures to assist international students studying English in Ireland who have been impacted upon by the COVID-19 pandemic.

The new measures are as follows:

- Students who left the State before completion of their studies due to COVID-19 may return and resume their studies and the duration of their absence will not count towards the two years maximum period of English language study allowed; and

- International English language students with a current, valid permission who are still in the State and who have completed the maximum two years permitted as a language student, but due to COVID-19 are unable to return home, may remain as students until the end of the year provided they re-enrol in an online course of study for the remainder of the year.

These new measures will provide students with some assurance and certainty for the coming months. We will continue to keep the situation under active review as matters evolve in our national response to the COVID-19 pandemic.

The renewal of permission is on the same basis as the existing permission and the same conditions attach. This means, for instance, that students will need to ensure that they remain enrolled on their course of study.

Visa required students will need to apply for a visa before returning to the State if the validity period of the visa has expired. While the Immigration Service has temporarily ceased accepting new visa applications, persons legally resident in the State are included in the categories of Priority / Emergency cases, which will continue to be processed. Visa required students are advised to consult the Immigration Service website for the required documentation - www.inis.gov.ie.

While both the Dublin area Registration Office in Burgh Quay and regional Registration Offices operated by An Garda Síochána remain temporarily closed, arrangements have been put in place for students awaiting first time registration, students who wish to change their permission applications and students who wish to avail of the Third Level Graduate Programme.

A new online Registration Renewal System for non-EEA national students based in Dublin was launched by my Department on 22 June, 2020.

Students wishing to renew their registration will complete their renewal online without having to book an appointment or personally attend the registration office. The service will be made available to all categories of non-EEA national students residing in the Dublin area, who are eligible for renewal of their permission to reside in Ireland.

Such students will now complete the application form online via the following link https://inisonline.jahs.ie, upload copies of supporting documents online, pay the applicable fee and then submit their passport and current IRP card via registered post. Documents will be checked and, if approved, the passport will be stamped and returned by registered post and an IRP card issued by express post.

Further updates will be provided on the Immigration Service website, and I would encourage all students to regularly consult our updates on the website at:

www.inis.gov.ie/en/INIS/Pages/COVID-19-updates-and-announcements.

A detailed Frequently Asked Questions (FAQ) document, which is regularly update, is also available on this website on the impact of COVID-19 on immigration and international protection.

Student Visas

Questions (305)

Joe O'Brien

Question:

305. Deputy Joe O'Brien asked the Minister for Justice and Equality if consideration has been given to reviewing the requirement for English language students to enrol in an online course in order to gain an extension to their student visa, in view of the fact contact learning in an English speaking environment is usually the express reason these students have chosen to travel here. [13156/20]

View answer

Written answers

I appreciate that students have travelled to Ireland to avail of in-person classes. However, due to the current COVID-19 restrictions that is not possible at this time. I understand and recognise the difficulties that the COVID-19 pandemic has had on all immigrants, and in particular our international student population.

My Department has taken extensive measures to date to support students and the English language educational sector.

On 13 May 2020, my Department announced that immigration permissions due to expire between 20 May and 20 July 2020 will be automatically extended for two months. Any permission which was renewed by an earlier notice of 20 March 2020 and which therefore has a new expiry date between 20 May 2020 and 20 July 2020 is also renewed. This exceptional temporary measure also applies to non-nationals currently outside the State, provided the person otherwise meets the conditions set out in the notices.

On 26 May 2020 further measures were introduced to assist international students studying English in Ireland who have been impacted upon by the COVID-19 pandemic.

The new measures are as follows:

- Students who left the State before completion of their studies due to COVID-19 may return and resume their studies and the duration of their absence will not count towards the two years maximum period of English language study allowed; and

- International English language students with a current, valid permission who are still in the State and who have completed the maximum two years permitted as a language student, but due to COVID-19 are unable to return home, may remain as students until the end of the year provided they re-enrol in an online course of study for the remainder of the year.

These new measures to support students will provide some assurance and certainty for the coming months. We will continue to keep the situation under active review as matters evolve in our national response to the COVID-19 pandemic.

The renewal of a permission is on the same basis as the existing permission and the same conditions attach. Therefore, anyone resident in Ireland with a student permission is required to attend scheduled classes and, in the current circumstances, this includes where classes are provided online. The Government Roadmap for reopening society and business will guide when on-site classes can recommence.

Visa required students will need to apply for a visa before returning to the State if the validity period of the visa held has expired. While the Immigration Service has temporarily ceased accepting new visa applications, persons legally resident in the State are included in the categories of Priority / Emergency cases, which will continue to be processed. Visa required students are advised to consult the Immigration Service website for the required documentation - www.inis.gov.ie.

While both the Dublin area Registration Office in Burgh Quay and regional Registration Offices operated by An Garda Síochána remain temporarily closed, arrangements have been put in place for students awaiting first time registration, students who wish to change their permission applications and students who wish to avail of the Third Level Graduate Programme.

A new online Registration Renewal System for non-EEA national students based in Dublin was launched by my Department on 22 June, 2020.

Students wishing to renew their registration will complete their renewal online without having to book an appointment or personally attend the registration office. The service will be made available to all categories of non-EEA national students residing in the Dublin area only, who are eligible for renewal of their permission to reside in Ireland.

Students seeking to renew their permission will now complete the application form online via the following link https://inisonline.jahs.ie, upload copies of supporting documents online, pay the applicable fee and then submit their passport and current IRP card via registered post. Documents will be checked and, if approved, the passport will be stamped and returned by registered post and an IRP card issued by express post.

Further updates will be provided on the Immigration Service website when available, and I would encourage all students to regularly consult our updates on the website at: www.inis.gov.ie/en/INIS/Pages/COVID-19-updates-and-announcements .

A detailed Frequently Asked Questions (FAQ) document is also available on this website on the impact of COVID-19 on immigration and international protection. This document is regularly updated.

Question No. 306 answered with Question No. 300.

Direct Provision System

Questions (307)

John Brady

Question:

307. Deputy John Brady asked the Minister for Justice and Equality the number of inspection visits to permanent and temporary direct provision centres in County Wicklow since March 2020; the way in which it has been ensured adequate Covid-19 restriction measures have been adhered to in direct provision centres in the county; and if she will make a statement on the matter. [13239/20]

View answer

Written answers

It was not deemed safe for staff or residents to have on-site inspections since the commencement of the COVID-19 pandemic. As soon as it is practicable and safe to do so, inspections will recommence. Only permanent accommodation centres are subject to the formal inspection process due to differing contractual obligations on permanent accommodation centres as opposed to emergency accommodation.

Our absolute priority is to ensure the health and welfare of our residents, centre staff and the wider community. We have been working closely with the HSE at national and local level on a daily basis to ensure that we are taking the right steps at this time.

My Department has relocated over 600 residents to support social and physical distancing in centres and cocooning measures for the most vulnerable. By doing this, we have ensured that no more than three single people are sharing a room in any centre. We intend to continue this policy after the crisis.

The established procedure across all centres where a person is suspected of having the virus or is confirmed as having the virus, is that, where advised by Public Health, they are moved to a dedicated offsite self-isolation facility. Supports are available for the duration of their period of isolation until such time as the HSE considers that they can safely return to their centre. My Department currently has dedicated self-isolation facilities for residents in Dublin, Cork and Dundalk. Residents in these facilities have their own bedroom and their own bathroom

In partnership with the HSE and Safetynet, my Department has put in place a national clinical telephone service to provide public health advice to support centre management and their staff. It is also being used to advise, support and work with locations where vulnerable groups are present relating to the implementation of COVID-19 guidelines and measures.

Residents in all centres have been made aware of the need to practice social and physical distancing and good hand hygiene and coughing/sneezing etiquette. Translations of public health advice have been provided to centres. During this time, centres have been asked to increase the standard and frequency of cleaning throughout the centres, paying particular attention to communal areas. A regular supply of hand sanitiser is in place for all centres and this is distributed as needed. Other PPE is also distributed as needed and in line with HPSC guidelines on its appropriate use in residential settings.

During this time, to ensure that we are in regular contact with our centres, a dedicated communications team within IPAS has been established. This team undertakes regular calls with all centre managers across our network of permanent and temporary centres. Feedback from these conversations is reflected in the newsletters circulated to all centre managers and to residents to promote shared learning and best practice. The calls also ensure that any issues or concerns can be raised without delay for appropriate resolution for the benefit of residents and staff. In addition, residents also have the option to contact IPAS staff directly via email and can also raise concerns with the Office of the Ombudsman and the Ombudsman for Children.

My Department also established a national telephone support service for residents run by the Jesuit Refugee Service (JRS) and the Freephone number has been highlighted to all residents through one of our regular newsletters.

While inspections of accommodation centres cannot take place at this time, I hope that this information will provide you with some reassurance that we are continuing to work closely with the HSE and centre management to protect the health and safety of all residents and staff as a priority.

Immigration Status

Questions (308)

Bernard Durkan

Question:

308. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied); and if she will make a statement on the matter. [13244/20]

View answer

Written answers

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 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 is, in the Deputy’s view, inadequate or too long awaited.

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