Tuesday, 8 Sep 2020

Written Answers Nos. 930-949

Probate Data

Questions (930)

Pádraig O'Sullivan

Question:

930. Deputy Pádraig O'Sullivan asked the Minister for Justice the timescale for granting of probate or administration; and if she will make a statement on the matter. [21808/20]

Written answers

Minister for Justice

The Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service which is independent in exercising its functions under the Courts Service Act 1998.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided the following update on this matter.

Dublin Probate Office

Solicitor’s applications are taking approximately 4 to 5 weeks to issue at the moment in the Dublin Probate Office.

Personal applicant interviews were suspended since March due to Covid 19 restrictions. Plans are now in place to resume interviews in September. Letters inviting applicants to attend the office will issue in the coming days.

Resources have been reassigned to reduce the backlog as quickly as possible.

District Probate Registries

The waiting times for the District Probate Registries around the country are as follows:

Registry	Weeks
Castlebar	8
Cavan	4
Clonmel	4
Cork	10
Dundalk	4
Galway	10
Kilkenny	2
Letterkenny	8
Limerick	10
Mullingar	5
Sligo	14
Tralee	6
Waterford	8
Wexford	2

Immigration Status

Questions (931)

Bernard Durkan

Question:

931. Deputy Bernard J. Durkan asked the Minister for Justice the current and or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [21818/20]

Written answers

Minister for Justice

The immigration case of the person concerned is under active consideration at present, pursuant to the provisions of section 3 of the Immigration Act 1999 (as amended). In that context, all representations submitted by the person concerned will be considered under the various headings set out in section 3(6) of that Act before a final decision is taken in the case. Once final a decision has been taken, it will be notified in writing.

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 Applications

Questions (932)

Bernard Durkan

Question:

932. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [21822/20]

Written answers

Minister for Justice

The application for a certificate of naturalisation from the person referred to by the Deputy continues to be processed and will be submitted to me for decision as expeditiously as possible.

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

Deportation Orders

Questions (933)

Seán Haughey

Question:

933. Deputy Seán Haughey asked the Minister for Justice if a deportation order in respect of a person (details supplied) will be cancelled in order to allow them to remain here on humanitarian grounds; and if she will make a statement on the matter. [21838/20]

Written answers

Minister for Justice

The person concerned is the subject of a Deportation Order signed on 3 March 2011. This Order requires the person concerned to remove themselves from the State and remain outside the State. The enforcement of the Deportation Order is a matter for the Garda National Immigration Bureau.

Representations were received on behalf of the person concerned on 14 December 2016, requesting that the Deportation Order be revoked, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended). The outcome of the consideration is that the Minister's earlier decision to make a Deportation Order in respect of him remained unchanged. This was conveyed to the person concerned on 13 March 2020.

Further representations were received on behalf of the person concerned on 20 May 2020, requesting that the Deportation Order be revoked, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended). All relevant aspects of the case will again be considered before a decision is made.

The decision to ensue from the consideration of this request will be to have the existing deportation order either ‘affirmed’ or ‘revoked’. Once such a decision has been made, it will be notified 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 the Immigration Service Delivery function 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 is, in the Deputy's view, inadequate or too long awaited.

Visa Applications

Questions (934)

Niall Collins

Question:

934. Deputy Niall Collins asked the Minister for Justice her views on correspondence from a person (details supplied) in relation to visas for the spouses of students; and if she will make a statement on the matter. [21839/20]

Written answers

Minister for Justice

In March 2019, my Department amended the policy to allow the non-EEA national spouses, dependents and partners of hosting agreement researchers access to the labour market. The Stamp 1G permission granted is in line with the permission granted to the PhD hosting agreement candidate.

Those who study here under a research hosting agreement abide by strict conditions as to the research project to be conducted and the length of stay in the State to carry out such research.

The details of the revised programme are set out in the policy document on the Third Level Graduate Programme which can be accessed on the website of my Department's Immigration Service at: www.inis.gov.ie/en/INIS/Pages/Student%20Pathway.

My Department keeps all such policies under review. A further policy analysis, involving all relevant stakeholders, would be required before considering extending labour market access to the spouses, dependents and partners of all non-EEA National PhD students.

It is also open to the spouse or partner of other Non EEA National PhD students, wishing to join their partner in the State, to make an application for a work permit to the Department of Business enterprise and Innovation. Information relating to Work Permits can be found on their website at www.dbei.gov.ie or by contacting the Work Permits Section of the Department of Business, Enterprise and Innovation on 01-4175333 or Lo-call: 1890 201 616.

Immigrant Investor Programme

Questions (935)

Paul Kehoe

Question:

935. Deputy Paul Kehoe asked the Minister for Justice if the immigrant investor programme is being reviewed; if so, when an update is expected; and if she will make a statement on the matter. [21883/20]

Written answers

Minister for Justice

The Immigrant Investor Programme (IIP) was introduced in April 2012 to encourage inward investment and create business and employment opportunities in the State. The programme provides investors with the opportunity to invest in Ireland. Key to the programme is that the investments are beneficial for Ireland, generate or sustain employment and are generally in the public interest.

Successful applicants under the IIP and their nominated family members may be granted a residence permission in Ireland under Stamp 4 conditions. Stamp 4 conditions permit non-EEA nationals to work, study or start their own businesses in Ireland. Therefore, given the significant immigration benefits accruing and to ensure the highest degree of transparency and accountability for the programme, it is essential that all applications are subject to a robust due diligence process in respect of both personal and financial checks to protect the State's interests. Several enhanced control mechanisms have been introduced within the past 12 months.

Following a tender process, a contract to carry out a review was signed in June 2019 and work is underway. The Terms of Reference for the review have been published on the Immigration Service Delivery website on the "Investor & entrepreneur schemes" and may be found at: www.inis.gov.ie/en/INIS/Pages/New%20Programmes%20for%20Investors%20and%20Entrepreneurs.

The second phase of the review is ongoing, and is scheduled to be presented to my Department during quarter four of this year. In the meantime, applications continue to be assessed by a panel and, where assessed positively, are accepted and processed.

Immigrant Investor Programme

Questions (936)

Paul Kehoe

Question:

936. Deputy Paul Kehoe asked the Minister for Justice if there is a mechanism by which organisations can make themselves visible to potential investors under the immigrant investor scheme; and if she will make a statement on the matter. [21884/20]

Written answers

Minister for Justice

The Immigrant Investor Programme (IIP) was introduced by the Irish Government in 2012 to encourage inward investment for the creation of business and employment opportunities in the State. The IIP is designed to encourage investors and business professionals from outside the European Economic Area (EEA) to avail of opportunities of investing and locating their business interests in Ireland and acquire a secure residency status in Ireland.

In order for a person to make a successful application under the IIP, at the time of their application the investor must identify the investment opportunity that they wish to pursue. There are four investment options open to investors, which are Enterprise Investments, Investment Funds, Real Estate Investment Funds (REIT) and Endowments.

An applicant under the IIP cannot be approved unless the investment opportunity identified is in accordance with the objectives of the Programme. Consequently, there are no circumstances in which a person can be granted a permission under the IIP where they have yet to identify an investment opportunity and as such there is no register of pre-approved investors who are seeking investment opportunities.

I recognise the complexity of linking projects based here in Ireland with overseas investors. There is often a requirement for suitably experienced third parties to act as intermediaries in the process, through the facilitation of introductions between prospective investors and potentially suitable project sponsors. However, it would not be appropriate for me to actively facilitate this process as ultimately I will be required to make decisions on applications submitted. It is therefore essential that both I and my Department are not involved in the promotion of projects.

Garda Recruitment

Questions (937)

Denis Naughten

Question:

937. Deputy Denis Naughten asked the Minister for Justice when the fitness test and medical examination will be scheduled for applicants to An Garda Síochána that were due to be called in spring 2020; and if she will make a statement on the matter. [21957/20]

Written answers

Minister for Justice

The Deputy will be aware that, in accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána including matters relating to recruitment, training and assessment.

I have been informed by the Garda Authorities that due to the current situation regarding the COVID-19 pandemic, it has been necessary to postpone all Garda Trainee Physical Competence Tests, re-tests and appeals due to take place at the Garda College, Templemore and all medical tests until further notice. This situation will continue to be monitored in line with HSE guidance.

Naturalisation Applications

Questions (938)

Bernard Durkan

Question:

938. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); when the application will conclude; and if she will make a statement on the matter. [21959/20]

Written answers

Minister for Justice

The person referred to by the Deputy has very recently made an application for citizenship through the naturalisation process. This application will be processed with a view to establishing if the applicant meets the statutory conditions for the granting of naturalisation. The application will be submitted to me for decision as expeditiously as possible.

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. All applications are processed in chronological order from the date that they are received. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

Queries in relation to the status of individual immigration cases may be made directly to my Department by email 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 email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.

Naturalisation Applications

Questions (939)

Bernard Durkan

Question:

939. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in respect of an application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [21961/20]

Written answers

Minister for Justice

The Citizenship Division of the Immigration Service Delivery function of my Department recently contacted the person concerned requesting further documentation. Once this documentation is received the case will continue to be progressed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. The application will be submitted to me for decision as expeditiously as possible. If any further documentation is required, it will be requested from the applicant in due course.

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. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

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.

Garda Strength

Questions (940)

Mark Ward

Question:

940. Deputy Mark Ward asked the Minister for Justice the number of gardaí stationed in Clondalkin, Lucan, Ronanstown and Rathcoole stations in August in each of the years 2010 to 2019 and to date in 2020; the opening times of each station for these years; and if she will make a statement on the matter. [21967/20]

Written answers

Minister for Justice

The Deputy will be aware that the Garda Commissioner is by law responsible for the management of An Garda Síochána, including personnel matters and deployment of resources. As Minister, I have no responsibility for 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.

The resources provided to An Garda Síochána have reached unprecedented levels, with an allocation for 2020 of €1.88 billion. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff and as a result, An Garda Síochána is a growing organisation. There are now almost 14,700 Gardaí nationwide, supported by over 3,000 Garda staff and these numbers are continuing to grow. Taken together, this increase in the number of Garda members and staff is delivering a significant growth in operational policing hours nationwide.

I am informed by the Garda authorities that the number of Gardaí stationed in the requested Garda Stations as of 31 July 2020 is as follows:

Station	No of Gardaí
Clondalkin	124
Lucan	97
Ronanstown	101
Rathcoole	18

The Deputy may wish to know that detailed information in relation to Garda numbers, including the year end figures for the stations mentioned in each of the years from 2010 to 2019, is available on my Department’s website. This information is updated every month with the latest data provided by An Garda Síochána, at the following link:

www.justice.ie/en/JELR/002_Garda_Numbers_by_Division_District_and_Station_2009_to_July_2020.xlsx/Files/002_Garda_Numbers_by_Division_District_and_Station_2009_to_July_2020.xlsx

Additional information on Garda staff, the Garda Workforce and other facts and figures are available at the following link:

www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures

I am informed by the Garda authorities that the weekly opening hours of each Garda station, as requested by the Deputy are as follows:

Station	Opening Hours
Clondalkin	24 hours 7 days per week
Lucan	24 hours 7 days per week
Ronanstown	24 hours 7 days per week
Rathcoole	10.00 - 17.00 Mon- Sun (Closed 13.00-14.00)

Finally, I would point out that as with all Garda stations which are not open to the public on a full time basis, I am informed by the Garda authorities that telephone calls to a station during periods of closure are automatically routed to the nearest 24-hour station in the District. In cases of emergency, any person can also call the 999 or 112 emergency service for an urgent Garda response.

Crime Data

Questions (941)

Mark Ward

Question:

941. Deputy Mark Ward asked the Minister for Justice her views on recently released Central Statistics Office national figures that revealed that Rathcoole, County Dublin had the fourth highest increase in crime; the plans in place to open Rathcoole Garda station on a full-time basis; and the youth diversion projects available in Rathcoole. [21968/20]

Written answers

Minister for Justice

As the Deputy will be aware, the Garda Commissioner is responsible for managing An Garda Síochána including operational matters such as station opening hours. As Minister I have no role in this matter.

I am informed by the Garda authorities that the recorded increase in crime in Rathcoole in 2018/2019 primarily related to a series of thefts which occurred in that time. I am further informed that the local Garda management have put in place a number of operations which have been effective and have resulted in a number of significant detections and prosecutions.

The station's current opening hours are 10am-1pm and 2pm-5pm, seven days a week. I am further informed by the Garda authorities that at present there are no plans in place to open Rathcoole Garda Station as a 24 hour Station.

Currently there are some 105 Garda Youth Diversion Projects (GYDPs) throughout the State. I am informed that Rathcoole is not currently within the catchment areas of the existing projects. However, the Government's policy is to further develop the GYDP service so that it is available to every young person in the State who could benefit from it. The ongoing development of practice in GYDPs is being supported by an Action Research Project led by the University of Limerick, working directly with front-line Youth Justice Workers from local projects. My Department is also supporting pilot projects to help develop better approaches in areas such as engagement with hard-to-reach or more challenging children as well as family support and early interventions.

Based on initial outcomes from the Action Research Project and evaluations of a number of pilot projects, proposals will be developed to expand the existing services, to ensure availability of GYDPs throughout the State and a stronger focus on difficult issues such as the hard-to-reach cohort. In order to extend the GYDP service to all young people who could benefit from it, work is ongoing to extend the catchment area of existing projects into areas that currently do not have any. Considerable progress has been made in that regard in recent years and further steps towards this goal will be made in 2021 and subsequent years as the available resources allow.

Garda Reform

Questions (942, 943)

Pa Daly

Question:

942. Deputy Pa Daly asked the Minister for Justice the existing reform projects taking place within An Garda Síochána which were decided to be inconsistent with the recommendations on the Future of Policing in Ireland report; if these projects have been halted as per page two of the report; and if she will make a statement on the matter. [21989/20]

Pa Daly

Question:

943. Deputy Pa Daly asked the Minister for Justice the existing reform projects taking place within An Garda Síochána which were decided to be consistent with the recommendations on the Future of Policing in Ireland report; if these projects have been halted as per page two of the report; and if she will make a statement on the matter. [21990/20]

Written answers

Minister for Justice

I propose to take Questions Nos. 942 and 943 together.

The Deputy will be aware that in September 2018, the Commission on the Future of Policing in Ireland published its final report, outlining a clear vision and roadmap for strengthening An Garda Síochána and the broader national framework for policing, security and community safety. The Commission recommended that the Garda Commissioner evaluate the then existing reform programme - the Modernisation and Renewal Programme (MRP) - through the lens of the Report and halt any initiatives that did not fit with its vision.

In December 2018, Government published A Policing Service for our Future (APSFF) – the 4-year Plan (2019-2022) to implement the Report of the Commission on the Future of Policing in Ireland (CoFPI). The Plan was developed in cooperation with stakeholders from across the public service, in particular, An Garda Síochána, informed by the Garda Commissioner’s evaluation.

While a number of significant recommendations contained in the MRP (the programme of reform developed to address recommendations arising from both internal and external reports, most notably the 2015 Garda Inspectorate report Changing Policing In Ireland ) had been implemented prior to the launch of APSFF, work has been undertaken to overlay any outstanding relevant recommendations with APSFF. These recommendations therefore continue to inform the ongoing process of reform within An Garda Síochána.

In this regard, a significant number of actions have been transposed into APSFF from previous reform programmes and recommendations (being recommendations also contained within the Commission’s report). The Garda Operating Model is one such action. Roll-out of the Operating Model will, by its nature, lead to the implementation of a number of other recommendations contained in previous reports or programmes of reform as well as in the Commission's report. Implementation of other outstanding recommendations are being considered and progressed through the lens, and in the spirit of, CoFPI and in order to ensure full implementation of the relevant CoFPI recommendation as APSFF progresses.

The Policing Reform Implementation Programme Office (PRIPO) – which is based in the Department of the Taoiseach – monitors progress on the actions contained in APSFF, supporting the work of the Implementation Group on Policing Reform (IGPR), and keeping the High Level Steering Board on Policing Reform and Government apprised of the progress being made.

While progress in 2020 has been impacted by the COVID-19 pandemic, I am encouraged to see the responsiveness and flexibility shown by An Garda Síochána in dealing with the demands of this unprecedented situation and I am pleased to inform the Deputy that much has already been achieved under APSFF .

For example:

- The roll-out of a new Operating Model for An Garda Síochána has commenced. This model is designed to streamline Garda administration and to provide a more visible, responsive and localised policing service to communities nationwide;

- An Garda Síochána has established and strengthened resourcing of a Human Rights Unit and re-established the Strategic Human Rights Advisory Committee;

- The National Security Analysis Centre (NSAC) has been established and the Director of NSAC appointed; and

- The Industrial Relations (Amendment) Act 2019 has been enacted which gives Gardaí access to the Workplace Relations Commission for the first time and provides for a modern industrial relations framework within An Garda Síochána.

- There is ongoing progress too on legislative reform, in particular:

- Government has given approval for legislation to be drafted to underpin the use of recording devices (including body worn cameras) and for the codification of legislation defining police powers of arrest, search and detention;

- Work is well advanced on the development of the General Scheme of the Policing and Community Safety Bill to provide a new coherent framework for the governance and oversight of An Garda Síochána. Following consultations with the Garda Commissioner and the oversight bodies which are underway at present on the detail of the proposals, I hope to bring the matter before Cabinet in the near future.

These measures and achievements represent only some of the wide range of actions being progressed under APSFF.

Further information on progress and updates on the implementation of A Policing Service for our Future can be found at https://www.gov.ie/en/campaigns/065724-policing-reform/

Garda Vetting

Questions (944, 953)

Pa Daly

Question:

944. Deputy Pa Daly asked the Minister for Justice the number of instances in which more than one Garda vetting application was made for the same person within a six-month period in 2019; and the number of instances in which these applications resulted in the disclosure of a conviction. [21991/20]

Pa Daly

Question:

953. Deputy Pa Daly asked the Minister for Justice the number of Garda vetting applications that revealed a new conviction in circumstances in which two or more applications were made with respect to a single individual within 3 months, 6 months and a year, respectively. [22252/20]

Written answers

Minister for Justice

I propose to take Questions Nos. 944 and 953 together.

The primary purpose of the employment vetting carried out by the National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults. It is carried out by An Garda Síochána primarily in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016. I am sure that the Deputy will appreciate the importance of this task and the need for it to be carried out thoroughly and correctly.

My Department has no role in the processing of individual vetting applications.

I have been informed by the Garda Authorities that the Vetting Bureau works to ensure that the processing time for vetting applications is kept to the minimum necessary in order to ensure that the statutory obligation to receive a vetting disclosure prior to permitting any person to undertake relevant work or activities on behalf of an organisation can be facilitated without undue delay.

All Garda vetting applications are processed on a first come, first served basis in chronological order from date of receipt. This is with a view to observing equity and fairness in respect of all vetting subjects.

I am advised that the Garda National Vetting Bureau (GNVB) does not track the number of individuals that have made multiple Garda vetting applications as this is not a factor in the vetting process.

I am further advised that the GNVB completed 491,181 Vetting Applications in 2019.

Legislative Measures

Questions (945)

John McGuinness

Question:

945. Deputy John McGuinness asked the Minister for Justice if the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 was drafted in full by her officials; if submissions were received by her Department or those that drafted the Act from outside sources in relation to the Act; if so, the details of same; if she or the drafters met with the interested parties to discuss the content of the Act; if so, the nature and content of the meetings; and if she will make a statement on the matter. [21994/20]

Written answers

Minister for Justice

The Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 was enacted on 6 August and constitutes the government’s response to the new challenges posed to our courts and legal systems from the current pandemic. The Act also goes beyond the pandemic and will make many of our legal processes more efficient and effective into the future.

The Act covers a wide range of issues in relation to both our civil and criminal legal systems such as:

- the reform of the law concerning coroners in the context of the current pandemic;

- the introduction of a statutory basis for our courts to conduct remote hearings in civil proceedings;

- the admissibility of business records as evidence in civil proceedings;

- the lodgement of documents with the courts by electronic means (e-filing);

- the lodgement of “statements of truth” with the courts by electronic means, as an alternative to the swearing of affidavits;

- provision for the wider use of video links between persons in custody and the courts;

- enhancing and widening the existing provisions on giving evidence through video link;

- providing for appeals in criminal proceedings to take place via remote hearing;

- removing the existing requirement to transport prisoners between prisons to execute a warrant;

- providing for the remote meetings of State bodies, unincorporated bodies and bodies designated by Ministers of Government;

- the execution of documents in counterpart; and

- making it easier for the Courts Service to alter the operating hours and sitting locations of the District Court.

The civil law provisions of the Act (with the exception of section 32) were commenced from 21st August, while the criminal law provisions will be commenced from 5th September.

A Medium Term Planning Group (Civil) was established by my Department to identify medium term measures to address the impact of the pandemic on the justice system, in particular the courts. The group is comprised of various stakeholders including the Legal Aid Board, ISI, Courts Service and members of the judiciary, as well as my officials, and part of the group’s work was to identify and review measures for inclusion in the Bill.

The General Scheme was prepared by my officials who engaged in consultation with relevant stakeholders including the Courts Service, An Garda Siochána, the Director of Public Prosecutions, the Irish Prison Service and the Coroner Society of Ireland.

In addition, a copy of the draft head concerning “Statements of Truth” was provided to the Law Society of Ireland at its request, for information. This head was previously published by my Department as part of the Courts and Civil Law (Miscellaneous Provisions) Bill 2017.

I can confirm that no outside submissions were received during the preparation of this legislation.

Following approval by cabinet on 20th July, the bill was drafted by the Office of Parliamentary Counsel. There was extensive engagement between my officials and Attorney General’s officials, as would be expected in the normal course of business when preparing legislation, as well as continued engagement with the parties listed above.

As with any piece of legislation, publication of the bill was subject to technical / drafting changes, and any corrections or necessary additional material were provided by the Office of Parliamentary Counsel.

Garda Commissioner

Questions (946)

Jim O'Callaghan

Question:

946. Deputy Jim O'Callaghan asked the Minister for Justice the information regarding the European Commissioner that was brought to her attention by the Garda Commissioner pursuant to section 41 of the Garda Síochána Act 2005; and when the information was provided. [22008/20]

Written answers

Minister for Justice

In line with Section 41 of the Garda Síochána Act of 2005, the Garda Commissioner notified the Secretary General of my Department of a matter on Saturday, August 22nd which was then conveyed to me as Minister. The information related to an individual and I am not in a position to provide the Deputy with any further detail.

Court Accommodation

Questions (947)

Alan Kelly

Question:

947. Deputy Alan Kelly asked the Minister for Justice when the courthouse in Wicklow town (details supplied) will reopen; and if she will make a statement on the matter. [22069/20]

Written answers

Minister for Justice

Under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided the following update on this matter.

A number of projects in relation to Courts Service accommodation requirements are outlined in the Government's National Development Plan 2018 - 2027. They include:

1. Provision of further new or refurbished courthouses in provincial cities and county towns where facilities remain sub-standard (including Galway city, Wicklow town, Portlaoise, Tralee and Roscommon) and further provincial locations such as An Clochán Liath (Dungloe) to serve as the Gaeltacht Court for the region, and Tuam.

2. Family Law Court complex at Hammond Lane.

3. Redevelopment and modernisation of the Four Courts following completion of the Hammond Lane project as a campus for Civil courts.

4. Construction of standard county town type court facilities at a number of locations in county Dublin (outside of the city centre) and also in North Kildare, Bray and Navan.

5. Regional Family Law centres.

The precise allocation and timing of additional funding over the entire ten year period of the plan remains to be fully determined. It will be dependent on the outcome of further detailed planning and analysis of costs which will determine prioritisation of projects from a timing and budgetary perspective. Specifically in relation to Wicklow, a courthouse comprising four courtrooms and related facilities (e.g. consultation rooms, custody facilities, facilities for juries and vulnerable witnesses, legal practitioner’s suites etc) is envisaged as being required to meet current and future demand in Wicklow. This will require a building significantly larger than the existing two courtroom building. The Courts Service proposes to refurbish and extend the courthouse to provide the required accommodation. As a prerequisite first step, the Courts Service has acquired a number of adjoining properties that were in council ownership so as to have available a larger site capable of accommodating a courthouse building on the scale envisaged.

Facilitating works envisaged for the refurbishment and extension of Wicklow courthouse include the demolition of the 1940s extension/annex to the rear of the courthouse. In view of the fact that dry rot has spread extensively throughout the extension, the Courts Service proposes to bring this element of the facilitating works forward rather than incur the cost of treating the dry rot only to demolish the extension at a later date as part of the overall development. It will be necessary to go through the Part IX planning process in advance of this work. The Courts Service has been in contact with the State Architect about these works and it is intended that they will proceed subject to funding being available and OPW resource availability in light of commitments in other areas.

Garda Stations

Questions (948)

Colm Burke

Question:

948. Deputy Colm Burke asked the Minister for Justice if the necessary changes will be put in place in order to reduce the waiting time for appointments at Anglesea Street Garda Station, Cork in respect of the renewal of visas; and if she will make a statement on the matter. [22105/20]

Written answers

Minister for Justice

Measures to safely re-open the Registration Office at Anglesea Street Garda station in Cork city have been put in place by An Garda Síochána.

Registrations at the Anglesea Street Garda station are now by way of appointment only. A dedicated email address - [e-mail] - has been set up for appointment applications. This information is also available from the website of An Garda Síochána at: https://www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/news-media/reopening-of-registration-offices.html

Registrations recommenced in mid-July under the new appointment system, which is working well. The new system was required to reduce the numbers of people visiting the office in order to ensure that public health guidelines were met. The new measures have also ended the need for people to queue for a considerable amount of time, as in previous years.

Applicants receive an automated response to their query and are then advised of an available appointment in due course.

I am advised that there are three teller positions at the Immigration Office at Anglesea Street. However, in order to comply with social distancing measures only two of these positions are open at any one time. The office is open for registrations from 08:30 hrs to 12:00 hrs and from 14:00 hrs to 16:00 hrs Monday to Friday.

An Garda Síochána advises that there is currently a backlog of about 2,000 emails to be cleared. In some cases, applicants are sending multiple requests, which unfortunately has led to duplicate appointments being issued. Additionally, many applicants are replying to the automated response, which is adding to the time taken to process the email applications.

Two additional staff members have been tasked with assisting in the handling of the email applications and issuing appointments. It is currently taking approximately 4 weeks from the date when the initial query is made to when the applicant is advised of their appointment date, with appointments being scheduled between 4-8 weeks thereafter. Therefore, from initial contact to registration it is currently taking between 8-12 weeks.

Residency Permits

Questions (949)

Colm Burke

Question:

949. Deputy Colm Burke asked the Minister for Justice if an automatic extension of immigration residence permits for at least a further two months will be provided due to the backlog in dealing with the renewal of applications; and if she will make a statement on the matter. [22106/20]

Written answers

Minister for Justice

On 20 March 2020, in light of the uncertainties caused by COVID-19, all valid immigration permissions that were due to expire between 20 March and 20 May 2020, were automatically renewed for a period of two months. A further automatic renewal for two months was granted on 20 May for permissions expiring between 20 May and 20 July 2020. On 16 July, I announced that permissions due to expire between 20 July and 20 August 2020 would be automatically renewed for a period of one month.

At the time of the announcement on 16 July, I indicated that it was intended that this would be the last temporary extension of immigration permission. However, I also indicated that my Department would continue to keep the situation under active review as matters evolve in our national response to the COVID-19 pandemic.

Due to concerns surrounding Covid-19 and the temporary closure of Registration Offices announced on 18 August, a further extension was announced automatically renewing permissions due to expire between 20 August and 20 September 2020 by a period of one month.

These measures were deemed necessary due to the temporary closure of the Burgh Quay Registration Office as well as all Registration Offices for non-Dublin residents operated by An Garda Síochána. All such automatic renewals were on the same basis as a person’s existing permission, and the same conditions continued to apply.

All renewals in the Dublin area are now being processed online only and the system has been available for all applicants since 20 July 2020 at https://inisonline.jahs.ie. The Registration Offices around the country operated by An Garda Síochána re-opened on 24 August 2020 and applications are again being accepted and processed.

Since the launch of the new online renewal system, my Department has received over 22,000 applications from people who would otherwise have had to attend the Registration Office in person. The volume of applications, together with the reduced capacity of the Registration Office due to social distancing requirements, has resulted in longer than anticipated processing times. My Department recognises the difficulties that delays may cause for applicants and it is providing additional resources to the Registration Office to increase its capacity to handle current demand.

It is not currently intended to grant a further automatic extension of immigration permission. However, the situation will continue to be kept under review taking into account the national response to the COVID-19 pandemic.