Written Answers Nos. 731-750
731. Deputy Mick Barry asked the Minister for Justice if it will be ensured that persons born and resident here who are not Irish, EU, UK, EEA or Swiss nationals will get permission and permanent status to ensure that such persons do not have to apply for work permits in order to work here; and if she will make a statement on the matter. [27106/20]
View answerThe parent, guardian or person who is in loco parentis to a child born in the State without an entitlement to Irish citizenship at birth, may lodge an application for naturalisation on behalf of the child, if and when the conditions for naturalisation are satisfied. This includes a requirement to have a total of 5 years residence in the State. This ensures that there is a path to obtaining Irish citizenship through the naturalisation process for these children.
Entitlement to Irish citizenship is governed by the Irish Nationality and Citizenship Act 1956, as amended. The Act distinguishes between the entitlement to citizenship by birth and descent and to the acquisition of citizenship through the naturalisation process. Following a referendum in 2004, the Irish Nationality and Citizenship Act 2004, amended Section 6 of the 1956 Act.
The changes came into effect on 1 January 2005. As of that date, a person born on the island of Ireland is not entitled to be an Irish citizen, unless that person's parents have been legally resident on the island of Ireland for a total of three years during the four years preceding that person's birth. Periods of unlawful residence, periods of residence which were for the sole purpose of having an application for refugee status determined or periods of residence where permission was granted for the purposes of study are excluded from the reckonable residence.
The Programme for Government contains a commitment to create new pathways for long-term undocumented people and their dependents meeting specified criteria to regularise their status within 18 months of the formation of the Government, bearing in mind European Union and Common Travel Area commitments. Ireland along with other Member States of the EU, has committed, under the European Pact on Immigration and Asylum (2008), to a case-by-case approach as opposed to mass regularisation. However, the Government recognises that some of our own citizens face similar challenges abroad and is sympathetic to the situation of people who find themselves in an undocumented position through no fault of their own.
A policy paper on the matter is being drafted by my Department at the present time, which will include an assessment of international best practices. Previous regularisation schemes, such as the 2018 Student Scheme and earlier such schemes, will also be considered in any future policy.
732. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed by a person (details supplied); and if she will make a statement on the matter. [27131/20]
View answerOn 18 September 2020, I announced a further temporary extension of immigration and international protection permissions to 20 January 2021. This applies to permissions that are due to expire between 20 September 2020 and 20 January 2021 and to the same 3 primary categories of persons as before:
Those who are renewing their permission;
Those awaiting a first registration; and
Those in the country on a short stay visa who are unable to return home due to uncertainties caused by the coronavirus pandemic.
This provides certainty to anyone who already holds a valid permission that their legal status in this country is maintained until 20 January 2021. Renewal is on the same basis as the existing permission and the same conditions will continue to apply.
A person who is in a long-term relationship with an Irish citizen may be eligible to apply for De Facto Partnership permission to remain in the State. In order to apply for De Facto Partnership immigration permission, a non EEA national (the Applicant) who wishes to remain the State and is in a relationship with an Irish National or an Irish Resident (the Sponsor) must be in a position to provide documentary evidence of a durable relationship, akin to marriage, with evidence of cohabitation of at least two years on the date of application.
De Facto Partnership applications are normally only accepted from individuals who have a valid permission to be in the State and are present in the State at the time of applying. However, due to the exceptional circumstances arising from COVID-19, the Immigration Service of my Department is accepting applications from non-EEA nationals who are De Facto partners of Irish citizens and are currently here on a visitor’s permission. All applications for residence that have a De Facto element are subject to a significant degree of verification to establish the nature of the relationship.
As a temporary measure, applications can be submitted to Unit 5 Domestic Residence and Permissions Division, Immigration Service Delivery, PO Box 12595, Dublin 2 or via email to INISdefacto@justice.ie. The application form for De Facto Partner is available on the Immigration Service website for download and completion at: www.inis.gov.ie/en/INIS/Pages/De%20Facto%20Relationships.
Applicants must remain in the State for the duration of their application. There is no fee for De Facto Partnership applications. The Immigration Service may grant temporary residence permission (Stamp 3) while a De Facto partner application is under consideration.
It is open to an applicant to apply under Section 16(a) of the Irish Nationality and Citizenship Act 1956, where the applicant is of Irish descent or has Irish association. Under the legislation, a person is of Irish association if they are related by blood, affinity or adoption to, or is the civil partner of, a person (living or deceased) who is/was an Irish citizen or entitled to be an Irish citizen. A civil partner of such a person may also qualify.
In such cases, the conditions for naturalisation set out under Section 15 of the Act, including residency may be waived on a discretionary basis. The onus is on the applicant to provide evidence of Irish descent or Irish association.
The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.
733. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the timeline for an application for a stamp 4 permission by a person (details supplied) whose partner and child are Irish nationals; when a decision will be made on the application; and if she will make a statement on the matter. [27132/20]
View answerThe person referred to by the Deputy applied for a right of residency, accompanied by a right to work, based on their parentage of an Irish citizen child on 24 June 2019. In the interest of fairness to all applicants, applications are dealt with in chronological order. I understand that the application is under consideration at present and my Department will be in contact with the person concerned in due course.
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.
734. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [27133/20]
View answerThe application for a certificate of naturalisation from the person referred to by the Deputy, continues to be processed.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most straightforward cases are now processed within twelve months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
If the person concerned has a query in respect of their application, they should contact the Citizenship Division of the Immigration Service of my Department at: citizenshipinfo@justice.ie.
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.
735. Deputy Darren O'Rourke asked the Minister for Justice if she has spoken to the UK Home Secretary since her appointment. [27143/20]
View answerI have not yet spoken to the UK Home Secretary, the Rt. Hon. Priti Patel MP, since my appointment in June. An introductory phone call scheduled in July had to be postponed due to conflicting diary engagements. I hope that this phone call can take place in the coming period. I have, however, had an introductory phonecall with the Rt. Hon. James Brokenshire MP, Minister of State for Security at the Home Office. This phonecall took place on the 10th September 2020.
I would like to assure the Deputy that my Department regularly engages with our counterparts across UK Government to discuss and support ongoing cooperation on important law enforcement and justice-related matters.
737. Deputy Bernard J. Durkan asked the Minister for Justice , further to Parliamentary Question No. 196 of 10 September 2020, if information emailed to her Department and acknowledged on 24 July 2020 in respect of the case of a person (details supplied) has been appended to the file in question for further consideration; when a decision will issue; and if she will make a statement on the matter. [27159/20]
View answerOfficials in the Citizenship Division of my Department have been unable to locate the email referred to by the Deputy. I would advise the person concerned to resend the correspondence and a copy of the acknowledgement of 24 July 2020 to: citizenshipinfo@justice.ie. This will allow for the further processing of the application.
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.
738. Deputy Bernard J. Durkan asked the Minister for Justice the correct procedure to be followed to obtain residency status in the case of a person (details supplied); and if she will make a statement on the matter. [27166/20]
View answerBased on the details provided by the Deputy, there is no record of an application, or a request, from the person concerned for permission to remain in the State.
The person concerned is advised to write to the Immigration Service of my Department and request to regularise their position in the State. When submitting their request, they should outline their current circumstances, the date of their arrival in the State, their current permission, if any, to be in the State, along with their future intentions in the State.
The person concerned should enclose a copy of their passport, along with any documentation that they believe will support their case. The application should be submitted, via registered post, to Residence Division - Unit 2, Immigration Service, 13/14 Burgh Quay, Dublin 2, D02 XK70.
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.
739. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of a case pursuant to section 3 of the Immigration Act 1999, as amended, in the case of a person (details supplied); and if she will make a statement on the matter. [27177/20]
View answerIn response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned have submitted written representations to the Immigration Service of my Department.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
Queries in relation to the status of individual immigration cases may be made directly to the 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.
740. Deputy Denis Naughten asked the Minister for Justice the number of sex offenders on the sex offenders register; and if she will make a statement on the matter. [27186/20]
View answerI have requested a report from the Garda authorities on the information sought by the Deputy and I will contact him directly when the report is to hand.
741. Deputy Denis Naughten asked the Minister for Justice the number of breaches of Part 2 of the Sex Offenders Act 2001 in 2018, 2019 and to date in 2020; the number of cases pending; the number of convictions in each year; and if she will make a statement on the matter. [27187/20]
View answerI have requested a report from the Garda authorities on the information sought by the Deputy and I will contact him directly when the report is to hand.
|
Year |
Investigation On-going / Not Detected |
Detected / Resulted in Proceedings |
Total Reported |
|
2018 |
4 |
49 |
53 |
|
2019 |
11 |
37 |
48 |
|
2020* |
9 |
42 |
51 |
|
Total |
24 |
128 |
152 |
743. Deputy Mary Lou McDonald asked the Minister for Justice when she expects Fitzgibbon Street Garda station in Dublin 1 to re-open. [27217/20]
View answerThe programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has the responsibility for the provision and maintenance of Garda accommodation.
I am informed that work on Garda construction projects had ceased as a result of the measures announced by Government to deal with Covid-19 on 27 March 2020, but has now has recommenced in line with the lifting of government public health restrictions on the construction sector.
The OPW has advised that the refurbishment works at Fitzgibbon Street Garda Station are currently in progress and the expected construction programme completion date is 18 March 2021. The building will then be handed over to An Garda Síochána. ICT and furniture fit-outs will then begin and are expected to take a number of weeks. I am informed that it is therefore currently anticipated that the station will reopen in May 2021.
744. Deputy Denise Mitchell asked the Minister for Justice when she envisages legislation granting An Garda Síochána enhanced powers, regarding the use of scramblers and quads, will come before Dáil Éireann; and if she will make a statement on the matter. [27294/20]
View answerThe Deputy will be aware that the Department of Transport has primary responsibility for road traffic legislation and for bringing forward any new legislative provisions which would seek to deliver on the commitments on quad bikes and scramblers contained in the new Programme for Government - Our Shared Future.
More broadly, the Deputy will be aware of the commitment in the Programme for Government to convene an expert forum on anti-social behaviour and this will provide a key focus for further development of policy in this area. In addition, the Programme for Government further commits to developing a new Youth Justice Strategy, which I intend to bring to Government later this year for approval. This will provide an additional framework to support collaborative working by agencies and community partners to address a wide range of issues connected with youth offending, including in relation to the misuse of vehicles.
I can assure the Deputy that my Department, alongside An Garda Síochána and the Department of Transport, is acutely aware of the severe difficulties and dangers the misuse of quadbikes, scramblers and similar vehicles can cause in the communities it impacts.
Targeted enforcement measures have been introduced in a number of areas where quad bikes and scramblers were causing difficulties. For example, Gardaí in areas such as Finglas have had success in reducing the number of issues with scramblers through targeted enforcement, while youth community engagement groups in Limerick have had successes diverting young people away from using these vehicles in a dangerous manner in public places, and towards properly organised motocross events.
A cross-agency group was established to examine this issue. The group initially included the Department of Justice and Equality, the Department of Transport, Tourism and Sport, the Department of Housing, Planning and Local Government and the Department of Culture, Heritage and the Gaeltacht, as well as An Garda Síochána, the Road Safety Authority, the Revenue Commissioners and representatives of local authorities. It was subsequently agreed to meet in subgroup format involving the primary stakeholders, namely Department of Justice and Equality, Department of Transport, Tourism and Sport, An Garda Síochána, and the Office of the Attorney General.
The subgroup most recently met this week to review the overall position. An Garda Síochána highlighted at the meeting their continuing enforcement actions in affected areas, including through the seizure of vehicles. The Department of Transport, who as I have noted have primary responsibility for road traffic legislation, indicated that they are continuing to examine the potential for further strengthening legislation.
For its part, my Department is considering and developing actions in order to jointly increase awareness of the dangers of these vehicles with affected communities, community groups and other stakeholders, and exploring how best to engage with young persons who are drawn to this behaviour. The Department is currently examining options in this area, with due regard to social distancing requirements.
745. Deputy Denise Mitchell asked the Minister for Justice her plans to amend the Data Protection Act 2018 to prevent the use of children's data for the purposes of advertising; and if she will make a statement on the matter. [27296/20]
View answerRegulation of the processing of personal data for advertising, marketing and profiling purposes takes place under the “legitimate interests” ground in Article 6.1(f) of the General Data Protection Regulation (GDPR).
The European Court of Justice has already addressed the issue of whether national law could impose additional conditions on processing carried on under the corresponding provision of the 1995 Data Protection Directive in Joined Cases C-468/10 and C-469/10. In its ruling, the Court underlined the importance of free movement of personal data under the 1995 Directive and concluded that Member States were not permitted to impose additional conditions that would have the effect of amending the scope of any of the grounds in Article 7 of the Directive. Those grounds are now set out in Article 6.1 of the GDPR.
The Office of the Attorney General has previously advised my Department that prohibiting or providing for an offence for any company or corporate body to process the personal data of a child for the purposes of advertising, direct marketing or profiling, appears to go beyond the margin of discretion afforded to member states in giving further effect to the GDPR and would conflict with Article 6(1)(f), read in conjunction with Recital (47). Put simply, it is not an option for a member state to unilaterally prohibit a category of processing activities which might otherwise be lawful under Article 6.1(f). Any measure such as the one proposed by the Deputy would give rise to a substantial risk of infringement proceedings against the State pursuant to Article 258 of the Treaty on the Functioning of the European Union, and would expose the State to sanctions.
The European Commission have confirmed that processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest and that Article 6(1)(f) of the GDPR does not exclude processing for such purposes in relation to a child, but stresses the importance of balancing the legitimate interest of the controller with the interests and fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. The reference to a child in Article 6(1)(f) and recital (47) underlines that such assessments must be performed with particular care where personal data of a child is processed. The Commission has pointed out that the processing of personal data of a child for the purposes of direct marketing is therefore not as such unlawful. They have also indicated that subject to Article 22 (automated decision-making), processing of personal data of a child for the purposes of profiling is not generally prohibited, albeit the processing must take into account that children merit specific protection as clarified in recital (38).
In addition to the above, in June of this year, the European Commission published its first evaluation and review of the GDPR pursuant to Article 97 GDPR. In its report, the Commission did not recommend any substantive amendments to the Regulation, but did commit to providing tools to clarify / support the application of data protection rules to children.
Furthermore, the Commission recommended that the European Data Protection Board adopt guidelines which are practical, easily understandable, and which provide clear answers and avoid ambiguities on issues related to the application of the GDPR, particularly in relation to the processing of children’s data.
The Deputy will appreciate that the GDPR is an EU wide instrument agreed by all the member states of the European Union and one State cannot unilaterally change it, nor can we deviate from its provisions.
746. Deputy Gary Gannon asked the Minister for Justice the reason funding for the community policing forum in the northinner city ceased in May 2019. [27301/20]
View answerI understand that a Community Policing Forum (CPF) operated in the north inner city between 1999 and 2019, and that the Forum was funded through the Local Drug and Alcohol Task Force, but that that funding ceased in May 2019. The Deputy will be aware that the Department of Health has overall responsibility for the Local Drug and Alcohol Task Forces.
A core element of the CPF operating model was that the community should have a role in identifying relevant issues and that an inter-agency approach should be adopted in resolving such issues.
The recent Covid-19 crisis has shown how proactive and collaborative community engagement by community services and An Garda Síochána can improve the condition of peoples’ lives. For example, since the onset of the Covid-19 restrictions, Gardaí attached to Store Street Garda Station have increased engagement with the more vulnerable members of society in the North East Inner City area of Dublin, through volunteer services, service providers and on an individual basis.
Building on the experience of the CPF, and as part of the implementation of the Report of the Commission on the Future of Policing in Ireland, my Department is devising a policy on a whole-of-Government approach to community safety which aims to help foster local communities that are safer for families, residents and businesses and that feel more secure.
As part of the policy, plans are being advanced to develop a North Inner City Community Safety Pilot which would encompass the North Inner City Electoral Area. The pilot will establish a Community Safety Partnership, which will serve to prioritise issues identified by the community as safety concerns and develop proper strategic partnership approaches to a range of local issues, integrating service providers in order to holistically address community concerns.
Agencies and service providers across a range of areas will work with community representatives and Gardaí on community solutions to complex safety problems. Community representation will be reinforced and a partnership approach will be fostered and supported. It will also aim to increase community confidence in service providers and identify elements to improve the delivery of a national programme on community safety.
In addition, A Policing Service for our Future - the Government’s plan to implement the Report of the Commission on the Future of Policing in Ireland - envisages a review of the Joint Policing Committee structure in the context of reimagining the approach to engagement with local communities on policing issues. The objective is for community representatives to be centrally involved in a partnership approach to community safety. In the meantime, the Joint Policing Committees provided for under the Garda Síochána Act 2005 continue to operate, including in Dublin.
747. Deputy Éamon Ó Cuív asked the Minister for Justice the number of requests on hand from her Department, and from State agencies under the aegis of her Department, for approval to increase staff levels; the total number of public and civil servants involved in these requests; the method by which decisions on the requests are made; and if she will make a statement on the matter. [26474/20]
View answerMy Department uses workforce planning processes to identify the critical resource needs required to deliver its business goals. Workforce planning is a key tool in enabling my Department to forecast its current and future staffing needs (subject to the limits of the annual estimates process, the usual budgetary constraints and approvals by the Department of Public Expenditure and Reform). The Workforce Plan aims to ensure a long-term, proactive and strategic plan by which my Department aims to have the right people, with the right levels of talent and skills, in each location and Division, doing the right thing at the right time.
My Department operates in a rapidly changing environment and its structure must facilitate the flexibility to deploy resources to priority work, as the need arises. As business needs arise, staff are allocated to support organisational priorities within my Department. Overall staffing levels within Divisions are continually monitored and staff transfer in and out of Divisions as the workload demands. Where skills gaps have been are identified, the HR Division reviews these requests on a quarterly basis and approves staff assignments on the basis of business cases made by Divisions. One such iteration of this process has just been completed, so no requests are currently on hand for consideration from within the Department.
The question of staffing levels in the State Agencies under the aegis of my Department is an operational matter, generally delegated to the Agencies themselves and I will ask the Agencies to respond directly to the Deputy on this matter. However, I am aware of one request for additional staff resources, related to Brexit.
748. Deputy Paul Murphy asked the Minister for Health if his attention has been drawn to the fact that the HSE is acting in an inconsistent and discriminatory way towards post-primary teachers and students by recategorising them as not being close contacts of cases of Covid-19 infection, which are confirmed in post-primary schools (details supplied); and if he will make a statement on the matter. [26429/20]
View answerThere is ongoing consideration given by the Government to policy in relation to the management of Covid-19 in school settings.
The Health Protection Surveillance Centre has published Guidance for Educational Settings relating to the management of Covid-19 in school settings.
This guidance, which includes protocols relating to the management of close contacts, is available at www.hpsc.ie/a-z/respiratory/coronavirus/novelcoronavirus/guidance/educationguidance/.
The Deputy may wish to note that schools must have a Covid-19 Response Plan and a Covid policy in place.
Up-to-date Government advice and resources for schools, parents and students in the context of COVID-19, including advice on Covid-19 planning is published at www.gov.ie/backtoschool.
749. Deputy Joan Collins asked the Minister for Health if the alert that took place in a school (details supplied) on 16 September 202 in relation to the Covid-19 tracker app will be clarified; and the reason for the alert. [26639/20]
View answerAs this is a service matter, I have asked the Health Service Executive to respond directly to the Deputy.
750. Deputy Louise O'Reilly asked the Minister for Health if those undertaking educational psychology and counselling psychology doctorates will receive grants and funding as is the case for clinical psychology doctorates. [26768/20]
View answerIn relation to the particular query raised, this is a matter for the Health Service Executive. I have asked the HSE to respond to the Deputy directly, as soon as possible.
