Skip to main content
Normal View

Tuesday, 15 Sep 2020

Written Answers Nos. 604-622

Immigration Data

Questions (604)

Gary Gannon

Question:

604. Deputy Gary Gannon asked the Minister for Justice if the criteria and process used by border officials when deciding whether or not to let a person into the country will be made available; and if she will make a statement on the matter. [23866/20]

View answer

Written answers

The question of entry for any individual, whether visa or non-visa required, is determined by the Immigration Officer at the port of entry at the time the individual seeks entry into the State.  All relevant factors are taken into account with the principal ones being the purpose of the visit, the duration of stay, the ability of the individual to support themselves during their stay, and proof that the person will exit the country on or before the expiry of any permission given.

Each application for entry to the State is assessed on its own merits. Therefore, it is advisable for the individual to carry any relevant documentation for presentation to the Immigration Officer on arrival.  The Immigration Act 2004, provides for the grounds on which an individual may be granted or refused leave to land at a port of entry. The powers granted to an Immigration Officer are not unfettered.

Further information on visa requirements and documentation recommended for entry into the State is available on the Immigration Service website at:  http://www.inis.gov.ie/en/INIS/Pages/check-irish-visa

The Government is advising against non-essential travel until further notice and anyone entering the State is required to self-isolate for 14 days unless arriving from one of the countries on the Covid-19 Green List published by the Department of the Taoiseach. All passengers are required to complete a mandatory Public Health Passenger Locator Form on arrival.

Question No. 605 answered with Question No. 590.

Visa Applications

Questions (606)

Robert Troy

Question:

606. Deputy Robert Troy asked the Minister for Justice if a person who has entered Ireland on a volunteer visa can apply for a more permanent visa while in the country in which they would be allowed to remain legally but also allowed to work in Ireland. [23885/20]

View answer

Written answers

As is made clear in the information made available on this visa, any person entering the State on foot of a volunteer visa cannot thereafter apply to change their permission while they are in the State.  

A new Volunteering in Ireland preclearance process for non-EEA citizens was launched in April 2018. Under the terms of the volunteering immigration permission, an individual granted such a permission can work in a volunteering role in Ireland for a period of up to 24 months, and may be eligible for a further extension of one year, to an aggregate total of 36 months.

Applications for a third year extension should be made before the volunteer worker’s current permission expires.  An extension will only be allowed for volunteer service with the applicant's current sponsor and will be considered, only if the sponsor can demonstrate a genuine need for the volunteer to continue working in that role.

Volunteers are typically granted a Stamp 3 immigration permission when they register for an Irish Residence Permit (IRP) card.

Courts Service

Questions (607)

Paul Donnelly

Question:

607. Deputy Paul Donnelly asked the Minister for Justice the estimated cost in 2021 if the budget for the Courts Service capital building and refurbishment programme increased by 12%. [23890/20]

View answer

Written answers

The baseline funding for courthouse capital in 2020 is €4.88m. A 12% increase in 2021 equates to €0.59m, which would give a total of €5.47m for next year.

The allocation for Courthouse Capital per the Revised Estimate Volume (REV) 2020 is €15.380m, which includes €10.5m of once off additional funding mainly provided under the National Development Plan.

Court Accommodation

Questions (608)

Seán Canney

Question:

608. Deputy Seán Canney asked the Minister for Justice the progress on the refurbishment of the existing courthouse in Tuam, County Galway, which is on the Courts Service's programme; when the building will be brought back into use; and if she will make a statement on the matter. [23898/20]

View answer

Written answers

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.

The National Development Plan provides for new or refurbished courthouses at a number of cities and county towns as well as at a number of provincial locations including Tuam in County Galway. 

The existing courthouse building in Tuam is in very poor condition and has not been used to host courts for many years. The Courts Service plans to provide new courthouse facilities on the site of the old courthouse and an adjoining site which it has acquired for this purpose. The existing courthouse is a protected structure. Assistance has been sought from the OPW to determine if all or part of the existing structure can be included in a new development and to provide modern courts facilities on the site.  In the meantime, court sittings in Tuam are taking place in a leased facility at Weir Road, Tuam.

Covid-19 Pandemic

Questions (609)

Róisín Shortall

Question:

609. Deputy Róisín Shortall asked the Minister for Justice the number of overseas passengers arriving through Dublin Airport since 1 August 2020; the level of compliance in filling out the passenger locator form; the number of forms that were correctly completed; the number of follow-up calls made to passengers; the number of successful follow-up calls completed in each of the past six weeks in tabular form; and if she will make a statement on the matter. [23912/20]

View answer

Written answers

The Border Management Unit (BMU) of my Department now rely on the Dublin Airport Authority (daa) arrivals figures as an indication of the number of passenger locator forms collected by the BMU officers less the exempt categories. Arrivals figures provided to the BMU from daa show that between 1 August 2020 and 14 September 2020 the number of arrivals was 371,494. 

Responsibility for the Passenger Locator Form and the follow up calls is now a matter for the Department of Health and they will be able to provide the figures requested by the Deputy.

Covid-19 Pandemic

Questions (610)

Róisín Shortall

Question:

610. Deputy Róisín Shortall asked the Minister for Justice the responsibility of her Department for recording and monitoring passengers entering Ireland; the role her Department plays in the passenger locator form and follow-up calls to passengers; the number and grade of staff allocated for this specific purpose; and if she will make a statement on the matter. [23913/20]

View answer

Written answers

The Border Management Unit (BMU) of my Department has responsibility for securing Ireland’s border at Dublin Airport in accordance with the provisions of the Immigration Acts and Orders as they relate to entry and refusal of entry to the State. The BMU had also been collecting and checking Public Health Passenger Locator Forms at Dublin Airport, and undertaking follow-up phone calls on arrivals into Dublin Airport and all other ports of entry nationwide on behalf of the health authorities, since 28 April 2020.

The mandatory regime, as set out in the Health Act 1947 (Section 31A Temporary Restrictions) (Covid-19 Passenger Locator Form) Regulations 2020, for completion of Public Health Passenger Locator Forms by all arriving passengers into the State (excluding the exempt categories) came into effect on Thursday 28 May 2020. Any passenger refusing to complete the mandatory form at Dublin Airport is referred to the Garda National Immigration Bureau (GNIB).  

From 28 April 2020 to 30 June 2020, almost 100% of passenger arrivals into both Dublin Airport and all other ports of entry nationwide who required telephone follow-up were contacted by BMU  staff. However, since 1 July 2020, due to a rise in passenger numbers and the requirement to prioritise core immigration work at Dublin Airport, the BMU was not operationally positioned to continue follow-up calls at the rate conducted previously and made a sample of follow-up calls for all ports of entry nationwide.

On 26 August 2020, an electronic version of the Passenger Locator Form was made available and responsibility for follow-up work thereafter transferred to the Department of Health.

Leave to Remain

Questions (611)

Bernard Durkan

Question:

611. Deputy Bernard J. Durkan asked the Minister for Justice the process to be followed or appropriate section to be contacted in the case of a person (details supplied); the action that needs to be taken by the person in these circumstances; and if she will make a statement on the matter. [23934/20]

View answer

Written answers

The person referred to by the Deputy has been granted Stamp 4 permission as the dependent of an EEA national and is not, therefore, required to submit a letter from their employer when renewing their permission.

The Immigration Service of my Department registers persons residing in the Dublin area only. The Garda National Immigration Bureau (GNIB) processes all applications outside of Dublin through the Garda Station network. Email addresses, for each registration office are provided, for queries and the arranging of appointments. Further information on the contact details for all the registration offices outside Dublin is available on: http://www.inis.gov.ie/en/INIS/Pages/registration-updates.

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.

Visa Applications

Questions (612)

Gino Kenny

Question:

612. Deputy Gino Kenny asked the Minister for Justice if she will address a series of matters (details supplied) regarding visa applications; and if she will make a statement on the matter. [23940/20]

View answer

Written answers

Currently, the Immigration Service Delivery (ISD) is not accepting short stay visit family visa applications due to measures taken to combat the spread of COVID-19. The resumption of visa services will continue to be monitored and decided in accordance with Health Service Executive (HSE) guidelines. Any changes to the visas which are being processed will be announced on the Immigration Service website http://www.inis.gov.ie/

When submitting a visa application the onus is on the applicant to satisfy a visa officer that the visa sought should be granted. One consideration is the likelihood of the applicant leaving Ireland after the intended visit. The applicant must show that they have strong obligations to return to the applicant's home country due to strong economic, social, or family reasons. It is open to the applicant to provide whatever information and documentation they wish a visa officer to take into account when considering if a visa is to be granted.

There is no fixed financial threshold for visit visas as each application is taken on its merits and unique circumstances including the duration of the intended stay in Ireland. There is no requirement on a person, applying for a visa to visit a family member in Ireland, to have any particular language or other qualifications.

The Immigration Service website also provides comprehensive guidance on the application process and the specific requirements for each visa type and the relevant application form.

Garda College

Questions (613)

Mairéad Farrell

Question:

613. Deputy Mairéad Farrell asked the Minister for Justice when there will be further graduations of probationer gardaí from the Garda College, Templemore, for the remainder of 2020. [24021/20]

View answer

Written answers

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the management and administration of An Garda Síochána, including personnel matters. As Minister, I have no direct role in these matters.

An Garda Síochána advise that there will be no further graduations of Probationer Gardaí from the Garda College in 2020. 125 probationer Garda Members who commenced training in May and June 2020 are taking part in a revised training programme with a focus on remote learning and supported on the job training.  It is intended that they will attest in early 2021.

For the information of the Deputy, 201 members were attested on 21/02/2020, 319 members were attested on 20/03/2020, with one further individual attestation on 16/04/2020 and 07/07/2020 respectively.

Garda Transport Provision

Questions (614)

Matt Carthy

Question:

614. Deputy Matt Carthy asked the Minister for Justice the number of Garda cars and vans attached to the Cavan-Monaghan division as of 31 December 2019 and 7 September 2020, in tabular form; and if she will make a statement on the matter. [24051/20]

View answer

Written answers

The Deputy will be aware that in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration 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.  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.

I am informed by the Garda authorities that as of 31 August 2020, there were 3,015 vehicles attached to the Garda Fleet, including vehicles attached to the national units. I understand that this compares to a total of 2,794 vehicles as of end December 2019. For clarity, this figure 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.  

For the Deputy's information the table below sets out all vehicles assigned to Cavan Monaghan Division for 2019 and up to 31 August 2020.

CAVAN-MONAGHAN

Cars

Vans

Motorcycles

4x4

*Others

Total

31-Aug-20

49

13

2

1

1

66

2019

47

14

2

1

0

64

*The category 'others' refers to MPV, SUV, Minibus or Prisoner Conveyance Vehicles

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.

Garda Training

Questions (615)

Matt Carthy

Question:

615. Deputy Matt Carthy asked the Minister for Justice if funding will be provided for a Garda mountain bike training course in quarter 4 of 2020; and if she will make a statement on the matter. [24052/20]

View answer

Written answers

The Deputy will be aware that, in accordance with the Garda Síochána Act 2005, it is the Garda Commissioner who is responsible for the management and administration of An Garda Síochána including training and development of the Garda organisation.  As Minister, I have no direct role in these matters, or in the funding of such matters.

I am advised by the Garda authorities that training is provided based on operational needs and the force's organisational requirements.

I am further advised by the Garda authorities that there are no plans to carry out mountain bike training courses in quarter four 2020.

Prisoner Data

Questions (616, 617)

Denis Naughten

Question:

616. Deputy Denis Naughten asked the Minister for Justice the number of convicted sex offenders who will be released in the next 12 months under the current remission system having completed their sentences; the number of these who have engaged in a treatment programme to date who are scheduled for release within 12 months and who she anticipates will have participated in such a programme prior to release; the nature of the programmes concerned; and the qualifications and training of those who provide such programmes. [24063/20]

View answer

Denis Naughten

Question:

617. Deputy Denis Naughten asked the Minister for Justice the number of sex offenders released from prison in 2019 and to date in 2020; the number of these prisoners who participated in the Building Better Lives programme; the corresponding participation rates; her plans to implement the recommendation of her Department's 2009 review of the management of sex offenders, which recommends that sex offenders should not be eligible for early release if they fail to participate in such courses; and if she will make a statement on the matter. [24064/20]

View answer

Written answers

I propose to take Questions Nos. 616 and 617 together.

I wish to inform the Deputy that it has not been possible in the timeframe available to collate the information sought, as this entails a manual check of individual records.  I will revert to the Deputy as soon as this information has been compiled.

The following deferred reply was received under Standing Order 51
Statistical Data on those in custody serving a sentence for a sex offence and sex offender treatment participation rates.
A). The number of sex offenders released from prison in 2019 and from January 1st 2020 up to end of September 2020 inclusive:
- 149 sex offenders were released from prison in 2019
- 104 sex offenders were released from prison to end September 2020
B). The number of these prisoners that participated in the Building Better Lives programme;
- 21 sex offenders released in 2019 (14%) and eight sex offenders released to date in 2020 (8%) participated in the Building Better Lives Programme, either in-group or on a 1-1 basis (in part or completed).
It is important to note that 47 (32%) sex offenders released in 2019 prisoners and 62 (60%) released to date in 2020 prisoners were deemed not suitable for a number of reasons including;
- Denial of offence/appeal of conviction;
- complex medical conditions,
- Length of sentence or assessed as low risk.
In addition, you will wish to note that 22 sex offender released from prison in 2019 (15%) and 18 sex offenders released to date in 2020 (17%) declined to participate in this particular programme.
C). The number of convicted sex offenders that will be released in the next 12 months under the current remission system having completed their sentences ;
- 121 prisoners will be released in the next 12 months under the current remission system having completed their sentences.
D). The number of these that have engaged in a treatment programme to date that are scheduled for release within 12 months and who will have participated in such a programme prior to release;
- 9 sex offenders (7%) that are scheduled for release within 12 months have participated in a treatment programme to date. This includes Building Better Lives Programme, either on a 1-1 basis or in a group.
- 45 (37%) have been assessed to date as not suitable due to EDR, complex medical or mental health, or denial and appealing conviction. 30 sex offenders (25%) have declined to participate to date, however their interest in participation may change over the course of the year.
However, you may wish to note that there has been some disruption to screening and/or programme delivery in 2020 due to Covid-19, which means that this figure cannot be viewed as representative of engagement of sex offenders in a treatment programme in 2020/21.
E). The number of sex offenders that are scheduled for release within 12 months and who will have participated in such a programme prior to release;
Due to Covid-19, it is impossible to predict with any certainty how many sex offenders will have participated in a treatment programme prior to release. There has been disruption to programme delivery in 2020 and limitations to participation on the programme due to Covid-19 restrictions are continuing.
However, the IPS continues to identify ways to ensure sex offenders who wish to participate in treatment can be accommodated using a blended mixture of telephone, video and group intervention and 1-1 intervention
I think it is useful to note that in terms of available data on prison recidivism, published by the Central Statistics Office, shows that those released from prison having served a sentence for a sex offence have the lowest reoffending rate of all offence groups and of those who did reoffend, the further offence was not a sex offence.
You may also be interested to know that that the Building Better Lives Programme (BBL) for the treatment of sex offenders is one of a number of different interventions available to sex offenders while in custody. I am advised that the BBL is an intensive programme aimed at a certain cohort of sex offenders but is not suitable to a number of sex offenders who may deny their offence, have a short sentence or have complex mental health issues.
There are additional interventions outside of the BBL programme available for those committed for a sex offence, which also contribute to the reduction of risk including;
- Individual or group work focused on mental health, emotional regulation or other offence related needs by Psychology Service.
- Probations Service engagement including risk assessment and management
- Psychology Pathways to Change Group which focusses on risk factors
- Engagement with prison in-reach psychiatry for stabalisation and maintenance of mental health
- Education and work Training
- Integrated Sentence Management
- Engagement with re-settlement coordinators
I understand and I think it is important to note that a significant number of those released who do not participate in BBL are managed in this way and participation in these interventions contributes to a reduction in their risk of reoffending. Because many people convicted of sexual violence do not meet the criteria for the programme, there are various other pillars of intervention and management available. These include the following; Individual offence focused work by Psychology/Probation Service; Probation Service engagement including risk assessment and management where the individual has a Post Release Supervision Order; the Psychology ‘Pathways to Change’ group; Engagement with prison in-reach Psychiatry services for stabilisation and maintenance of mental health where a mental health diagnosis is made; Sex Offender Risk Assessment and Management (SORAM), which has been established to support the cooperation and coordination between key statutory organisations involved in managing the risk posed to the community by convicted sex offenders; and the Safer Lives Community Group Work Treatment Programme.
A significant number of those released who do not participate in Building Better Lives Programme, are managed through one or more of these programmes.
I understand that to improve the overall level of engagement of sex offenders in interventions, the Service is currently reviewing the model of delivery of treatment for sex offenders to provide for the proactive targeting of all sex offenders on committal. The review is also looking at the identification of the clinical needs and risk factors of sex offenders and enhanced sentence planning during early stages of their sentence to identify a pathway of interventions to address dynamic risk factors.
The IPS is consulting with appropriate stakeholders on a new approach to this issue including the Probation Service and intends to set out the revised model for the management of sex offenders in early 2021.
Finally, you may also be aware that I have committed to ensuring that information is available to victims about proposals for early release of sex offenders by the Parole Board and that the victim’s voice will be heard. This is one of the actions arising from Supporting A Victim’s Journey: A Plan to Help Victims and Vulnerable Witnesses in Sexual Violence Cases which sets out my implementation plan in relation to the O’Malley Report that I published in August.
The detailed arrangements in that regard are being developed by my Department and the IPS and I will make a further announcement in due course, on how this service can be accessed by victims.

Deportation Orders

Questions (618)

Catherine Murphy

Question:

618. Deputy Catherine Murphy asked the Minister for Justice the number of persons born here who have been deported as per the Constitution Act 2004 since its enactment in tabular form; the grounds for deportation; the countries to which the persons have been deported; the age of the persons at the time of deportation; and if she will make a statement on the matter. [24066/20]

View answer

Written answers

The Immigration Service of my Department advises that the statistical information sought by the Deputy is not available. When a new immigration record is being created, the Immigration Service does not, as a matter of course, record the relevant applicant’s place of birth. As a result, there is no available record of the number of children born in Ireland who are in any immigration process at the present time, or indeed have previously been in an immigration process in the State.  The applicant’s country of nationality will, however, be captured in every individual case.

The issue of whether or not a child was born in the State will be identifiable and can be duly considered when the individual immigration case is being substantively considered at decision-making stage. At that point, any issues around a child’s birth in the State, the degree to which they have integrated in the State etc. can be given appropriate consideration before a final decision is arrived at.

A Deportation Order can be made under either section 3 of the Immigration Act 1999 (as amended) or under section 51 of the International Protection Act 2015.  Section 3(2) of the 1999 Act sets out the categories of person in respect of whom a Deportation Order may be made, section 3(3) sets out the procedure to be followed in any such case while section 3(6) sets out the matters which I am obliged to consider before such an Order can be made. In the context of the International Protection Act 2015, section 51(1) of that Act sets out the circumstances under which a Deportation Order shall be made.

The Deputy can be assured that a decision to make a Deportation Order will not be taken until all matters requiring to be considered have been fully considered under all applicable headings and legislation.

Crime Data

Questions (619)

Mark Ward

Question:

619. Deputy Mark Ward asked the Minister for Justice the number of convictions that took place in each of the years 2015 to 2019 and to date in 2020 under the Criminal Justice Act 2006 (details supplied); and if she will make a statement on the matter. [24113/20]

View answer

Written answers

The relevant information requested by the Deputy is being collated and verified and I will respond directly to the Deputy when this process has been completed.

Garda Operations

Questions (620)

Seán Sherlock

Question:

620. Deputy Sean Sherlock asked the Minister for Justice the number and value of fireworks seized by An Garda Síochána in each of the years 2016 to 2019 and to date in 2020, both nationally and within Dublin city; the number of persons prosecuted for possession of illegal fireworks during the same period, both nationally and within Dublin city; the amounts spent by her Department on advertising campaigns relating to fireworks in each of the years 2016 to 2019; the funding allocated by her Department for advertising campaigns relating to fireworks in 2020; the date her Department plans to launch an advertising campaign relating to fireworks in advance of Hallowe'en 2020; and if she will consider bringing forward the launch date of a planned advertising campaign regarding fireworks to include the entirety of October 2020. [24146/20]

View answer

Written answers

I have requested the information sought by the Deputy on the number and value of fireworks seized from An Garda Síochána.

In addition, the information on the related advertising campaign is currently being collated and verified.

I will write directly to the Deputy when this information is received.

The following deferred reply was received under Standing Order 51

I refer to Parliamentary Question Number 620 which was for answer on 15 September 2020 where you requested information relating to firework seizures and the budget allocation for my department's fireworks awareness campaign.

As you may recall the information you requested could not be obtained in the time available and I undertook to contact you again when the information was to hand.

The information on the related advertising campaign has now been collated and accordingly, please note the following;

The campaigns in 2016 and 2017 were predominately newspaper based. However, from 2018 onwards they have focused more on an online presence. The 2020 campaign will be launched in the coming weeks. The costs associated with this campaign from 2016 onwards are provided in the table below.

Year

Cost

2019

€17,840.81

2018

€29,090.89

2017

€36,676.44

2016

€34,680.70

The figure for 2019 includes spending on research into the effectiveness of the campaign.

I will revert to you again when the information regarding the number and value of fireworks seized is received from An Garda Síochána.

Departmental Projects

Questions (621)

Gerald Nash

Question:

621. Deputy Ged Nash asked the Minister for Justice the number of Exchequer-funded projects over €1 billion overseen by her Department; the expected rise in cost in both numerical amount and percentage terms in tabular form, and delays as a result of Covid-19; and if she will make a statement on the matter. [24312/20]

View answer

Written answers

I wish to advise the Deputy that there are currently no projects over €1 billion within the Justice sector.

Disabilities Assessments

Questions (622)

Kathleen Funchion

Question:

622. Deputy Kathleen Funchion asked the Minister for Health the number of children waiting for an autism assessment from initial referral to acceptance by the early years intervention team, from acceptance by the early intervention team to start of assessment, from the start to the end of assessment and from the end of assessment or diagnosis to the start of actual intervention, respectively, by county in tabular form. [23495/20]

View answer

Written answers

The Programme for Government, Our Shared Future, recognises the need to improve services for both children and adults with disabilities through better implementation and by working together across Government in a better way. 

The  Government commits to prioritising early diagnosis and access to services for children and ensuring that the most effective interventions are provided for each child, to guarantee the best outcomes.

As this is a service matter, I have asked the Health Service Executive to respond to the deputy directly.

Top
Share