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Tuesday, 1 Dec 2020

Written Answers Nos. 588-611

Visa Applications

Questions (588)

Kathleen Funchion

Question:

588. Deputy Kathleen Funchion asked the Minister for Justice if she will intervene in the case of a person (details supplied). [39824/20]

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Written answers

On 18 September 2020, I announced that immigration permissions which expire between 20 September 2020 and 20 January 2021 are automatically renewed to 20 January 2021. The renewal of permission is on the same basis as the existing permission and the same conditions attach. Working Holiday Authorisations are included in this notice.

Working Holiday Authorisations, employment permits and the registration of these categories of permission involve three different Departments:

The Department of Foreign Affairs is responsible for the Working Holiday Authorisation (WHA) Scheme, including its administration;

The Department of Enterprise, Trade and Employment is responsible for the employment permits system; and

The Immigration Service of my Department is responsible for registrations issued under the WHA scheme and the employment permits system.

It is a condition of the WHA scheme that a successful applicant does not seek to settle in Ireland and will leave after the authorisation period expires. Once outside the State, there is nothing to prevent the person concerned from returning and presenting themselves to the Immigration Officer at the port of entry in order to seek permission for the purposes of re-entering the State for a specified period.

Entry into the State is solely at the discretion of the Immigration Officer at the port of entry. The onus is on the person concerned to have all documentation relating to his/her reasons for entering Ireland for presentation to the Immigration Officer to gain entry, i.e. work, study or tourism. The Immigration Officer may grant leave to enter for a maximum period of three months. They may, depending on the documentation presented grant a lesser period that three months.If the person concerned wishes to return to the State in a working capacity, it is necessary for a prospective employer to obtain a work permit on their behalf prior to taking up employment.

Queries about changes sought to the WHA scheme, including the issue of transitioning from that scheme to the employment permit system, are a matter for the Department of Foreign Affairs. The Immigration Service of my Department will be guided by them in relation to any change they wish to make to their scheme.

Courts Service

Questions (589)

Martin Kenny

Question:

589. Deputy Martin Kenny asked the Minister for Justice the number of court summonses outstanding on a monthly basis by Garda division since January 2019, in tabular form; and if she will make a statement on the matter. [39829/20]

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Written answers

I am advised by the Garda authorities that the information requested by the Deputy is not readily available and the time required to compile it would be unduly onerous and would require a disproportionate amount of resources to generate a response.

As the Deputy will be aware, the restrictions imposed on foot of the COVID-19 pandemic have had the effect of curtailing the numbers of people that can safely attend indoor venues. Courthouses are one type of venue where new arrangements have had to be put in place. Since the start of the pandemic, priority has been given to areas of court business such as domestic violence applications, cases involving custody matters and criminal jury trials.

I am informed that the pandemic led to a cessation of scheduling summonses by the Courts Service from March to the end of July. When scheduling restarted, a backlog of applications for summonses had built up. The Courts Service is working with An Garda Síochána to implement a plan to clear this backlog over the coming months and have these matters before the Courts at the earliest possible opportunity.

Departmental Funding

Questions (590)

Cormac Devlin

Question:

590. Deputy Cormac Devlin asked the Minister for Justice the organisations in receipt of youth diversionary project funding; the funding each received in 2018, 2019 and to 1 November 2020, in tabular form; and if she will make a statement on the matter. [39835/20]

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Written answers

I can inform the Deputy that preventing young people from becoming involved in criminality, and diverting children away from criminal activity when they have already become involved, are key priorities for me as Minister for Justice. This is reflected in the new Programme for Government, Our Shared Future, which contains a number of commitments in this regard.

I am informed that there are some 105 Garda Youth Diversion Projects nationwide at present. Funding for these projects has increased every year since 2015. In 2019, €15.3 million was provided and at least €15.6 million has been committed for 2020. The intention is to further develop this service so that it is available to every child in the State who could benefit from it, through an ongoing review to look at the expansion of existing services and the foundation of new projects.

I am further informed that the projects are being developed to provide family support to the parents of young people participating in the projects, and are undertaking early intervention and preventative work. The role of the projects in relation to harder-to-engage young people is being enhanced and extended as part of the evolving Youth Justice system.

My Department is supporting the ongoing development of practice in Garda Youth Diversion Projects through the Action Research Project led by the University of Limerick. The Action Research Project works directly with front-line Youth Justice Workers from local projects to develop interventions and best practice. Based on initial outcomes from the Action Research Project, and evaluations of a number of pilot projects, it is intended to develop proposals to expand the existing services. This would ensure national coverage and a stronger focus on difficult issues such as the hard-to-reach cohort.

These issues are addressed in the Youth Justice Strategy 2020-2026, which is due to be published in the coming weeks.

The specific information relating to funding provided for the years in question, as requested by the Deputy, is outlined in the table attached to this response.

GYPD Funding

Citizenship Applications

Questions (591, 592, 593)

Peadar Tóibín

Question:

591. Deputy Peadar Tóibín asked the Minister for Justice the number of citizenship certificates granted by the State in each of the past 20 years. [39877/20]

View answer

Peadar Tóibín

Question:

592. Deputy Peadar Tóibín asked the Minister for Justice the number of citizenship certificates granted by the State to persons on the grounds that they were born in Ireland in each of the years between 2000 and 2010. [39878/20]

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Peadar Tóibín

Question:

593. Deputy Peadar Tóibín asked the Minister for Justice the number of citizenship certificates granted by the State to children in each of the years between 2000 and 2010. [39879/20]

View answer

Written answers

I propose to take Questions Nos. 591 to 593, inclusive, together.

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 of the Irish people, the 27th amendment to the Constitution changed the situation in relation to entitlement to Irish Citizenship. As a result, Section 6 of the Irish Nationality and Citizenship Act 1956 was amended by the Irish Nationality and Citizenship Act, 2004.

The changes came into effect on 1 January 2005. As of that date, a person born in the island of Ireland is not entitled to be an Irish citizen, unless that person's parents have been legally resident in the island of Ireland for a total of three years during the four years preceding that person's birth. The parent of a child who meets these requirements can apply directly to the Department of Foreign Affairs for an Irish passport and therefore does not require a naturalisation certificate.

It is open to the parent, guardian or person who is in loco parentis to the child to lodge an application for naturalisation on behalf of the child if and when the conditions for naturalisation are satisfied, including a requirement to have a total of 5 years residence in the State. This ensures that there is a pathway to obtaining Irish citizenship through the naturalisation process for those children.

No applications for citizenship were granted to children born in the State during the period 2000 to 2010 because prior to 2005, a child born in the State had an automatic entitlement to Irish citizenship and thereafter they must have 5 years residence before making an application.

Table 1 below sets out the certificates granted since 2010 to minors born in the State who did not at birth have an entitlement to Irish citizenship.

Table 1

2012

2013

2014

2015

2016

2017

2018

2019

2020 (to date)

Minor born in State post 1 Jan 2005

331

485

191

72

102

53

76

42

4

Some or all of the conditions for naturalisation may be waived where the applicant is a naturalised Irish citizen acting on behalf of their minor child. Last year, 94% of certificates issued in respect of minors were cases where the parent was a naturalised Irish citizen.

Table 2 below sets out the certificates granted since 2000 in respect of all minors under the age of 18.

Table 2

Year

Certificates Issued to minors (under the age of 18)

2000

24

2001

86

2002

200

2003

370

2004

299

2005

354

2006

159

2007

433

2008

693

2009

791

2010

1,389

2011

945

2012

5,219

2013

6,354

2014

6,130

2015

2,601

2016

2,090

2017

1,406

2018

1,262

2019

900

2020 (to date)

485

Total

30,880

Table 3 below sets out the number of citizenship certificates granted by the State in each of the past 20 years.

Table 3

Year

Certificates issued

1999

1,433

2000

1,143

2001

2,817

2002

2,817

2003

3,993

2004

3,784

2005

4,079

2006

5,763

2007

4,649

2008

3,245

2009

4,533

2010

6,387

2011

10,749

2012

25,039

2013

24,263

2014

21,104

2015

13,565

2016

10,038

2017

8,195

2018

8,223

2019

5,790

2020 (to date)

5,481

Total

177,090

Proposed Legislation

Questions (594)

Imelda Munster

Question:

594. Deputy Imelda Munster asked the Minister for Justice the action she is planning to take with regard to the introduction of laws on parental alienation; if the recommendations of the Oireachtas Joint Committee on Justice and Equality report on family law will be fully implemented; and if she will make a statement on the matter. [39882/20]

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Written answers

The Oireachtas Joint Committee on Justice and Equality published its report on Reform of the Family Law System last year. This report contains many recommendations on a broad range of issues in the area of family law, including one that consideration be given as to whether our laws should be amended to take into account of situations where one parent is wrongfully influencing their child or children against the other parent.

The Deputy will be aware that while there is no specific legislative provision regarding parental alienation in Irish family law, Section 246 of the Children Act 2001 does provide for an offence of frightening, bullying or threatening a child in a manner likely to cause unnecessary suffering or injury to the child's physical, mental or emotional health or well-being. There are also legislative provisions in place to deal with child welfare particularly regarding the relationship between a child and his/her parents or guardians, providing the framework for a legal response to a wide spectrum of child welfare issues. However, I am very much aware that this is a complex issue and that further research may be desirable.

The Family Justice Oversight Group, which has been established by my department, will agree a high-level vision and key medium and longer-term objectives for the development of a national family justice system in parallel with the establishment of a dedicated Family Court structure as envisaged by the forthcoming Family Court Bill. As part of this work, the oversight group will consider the various recommendations contained in the Report of the Joint Oireachtas Committee on Justice and Equality on the Reform of the Family Law System.

The Family Court Bill, the enactment of which is a commitment in the Programme for Government, will be a key element of the development of a more efficient and user-friendly family court system that puts families at the centre of its activities, provides access to specialist supports and encourages the use of alternative dispute resolution in family law proceedings. The development of sensible, comprehensive and sensitive family law procedures, particularly for vulnerable families, will be central to the new system. In the preparation of the General Scheme of the Family Court Bill, account has been taken of the Report of the Joint Committee.

Irish Naturalisation and Immigration Service

Questions (595)

Seán Crowe

Question:

595. Deputy Seán Crowe asked the Minister for Justice the average time it takes for a naturalisation applicant’s passport to be returned after receipt by the INIS. [39883/20]

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Written answers

Under normal circumstances, passports are returned approximately 10 days after their receipt. However, the current limits on staff attendance in the office due to COVID-19 restrictions have resulted in delays in the return of some passports. Unfortunately it is not possible to give a current average timeframe for the return of a passport submitted with a citizenship application.

It is a requirement of the naturalisation process that a current passport must accompany every application. The identity of every applicant must be confirmed to the greatest extent possible and a passport is a primary identifier.

Applicants are advised not to send in their application during the pandemic if they anticipate that they may have to travel at short notice. However, I fully appreciate that people may have to travel at short notice for emergency reasons. The citizenship website advises that in these circumstances, applicants should email the citizenship helpdesk with the relevant details. Any request must be accompanied by appropriate scanned supporting material detailing the reasons for travel, such as medical information. Any request of this nature is dealt with promptly.

Ministerial Correspondence

Questions (596)

Fergus O'Dowd

Question:

596. Deputy Fergus O'Dowd asked the Minister for Justice if matters raised in correspondence by a person (details supplied) will receive a response; and if she will make a statement on the matter. [39925/20]

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Written answers

I can confirm that the individual in question contacted my Department on the afternoon of Tuesday 24th November.

Officials from my Department have requested information from An Garda Síochána with regard to this query. A response will issue to the individual in question once this information is received.

Internal Audits

Questions (597)

Mattie McGrath

Question:

597. Deputy Mattie McGrath asked the Minister for Justice if an internal audit of Muintir na Tíre (details supplied) has now been finalised to her and her Department’s satisfaction; if the contents of the audit will be made available to the public; and if she will make a statement on the matter. [40031/20]

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Written answers

I can inform the Deputy that the report of the Audit referred to will be finalised shortly.

It is important to note that my Department provides, and will continue to provide, funding to support various rural crime prevention initiatives.

The Deputy may wish to further note the work of the National Rural Safety Forum which brings together An Garda Síochána, my Department andthe Department of Rural & Community Development, alongside national and local organisations such as the Irish Farmers Association, Muintir na Tíre and the GAA. The purpose of the Forum is to develop a nationwide network for the distribution of crime prevention advice, increase engagement within communities and prevent and reduce opportunities for crime.

Homeless Accommodation

Questions (598)

Verona Murphy

Question:

598. Deputy Verona Murphy asked the Minister for Justice the provisions being made in County Wexford to provide a women’s homeless shelter for single females with the purpose of providing services similar to the men’s hostel in Wexford; and if she will make a statement on the matter. [40108/20]

View answer

Written answers

My Department has no responsibility in relation to the provision of homeless services, which is a statutory function of local authorities.

Naturalisation Applications

Questions (599)

Bernard Durkan

Question:

599. 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. [40199/20]

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Written answers

The 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 Division of my Department at: citizenshipinfo@justice.ie .

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.

Prisoner Releases

Questions (600, 601, 602)

Peadar Tóibín

Question:

600. Deputy Peadar Tóibín asked the Minister for Justice the number of notifications regarding early releases or temporary releases made each year; and the proportion of these notifications to the total number of early releases or temporary releases. [40200/20]

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Peadar Tóibín

Question:

601. Deputy Peadar Tóibín asked the Minister for Justice the number of victims of crime that have registered with the victim liaison service for updates on offenders; and the proportion of these victims to the total number of eligible victims to register for the service. [40201/20]

View answer

Peadar Tóibín

Question:

602. Deputy Peadar Tóibín asked the Minister for Justice the number of those offenders released temporarily or released early that go on to repeat offend; and the number of these repeat offences that involve prior victims of their crime. [40202/20]

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Written answers

I propose to take Questions Nos. 600 to 602, inclusive, together.

I can advise the Deputy that as of 27 November 2020, the Irish Prison Service (IPS) Victim Liaison Service has 394 active victim liaison cases of prisoners currently in custody or released on license in the community under supervision. Of these 394 victim liaison cases, there are 539 registered victims as some prisoners have more than one registered victim.

A person may be eligible to receive information, if:

He or she is the victim of an offence for which the offender is imprisoned. The victim may nominate a representative that will receive information on their behalf, should they so wish;

He or she is not the victim but is an immediate family member or has a close relationship with someone who has died or was injured as a result of the offence.

I can advise the Deputy that the number of prisoners granted temporary release in 2018, 2019 and 2020 is set out in the table below. The table also includes the number of cases which were victim liaison cases and therefore the victims would have been informed of significant sentence management decisions including the approval of temporary release.

Number of persons accounting for incidence of Temporary Release (no registered victim)

Number of persons accounting for incidence of Temporary Release (registered victim)

Year 2018

2,671

135

Year 2019

2,767

153

Year 2020 (to date)

1,473

110

Total

6,911

398

The IPS Victim Liaison Officer undertakes to notify registered victims of significant developments in the management of the perpetrator's sentence. Significant developments include the following: inter-prison transfers; Parole Board hearings and decisions arising out of this process; temporary releases and expected release dates. Where victims make their views known to the IPS, they are always taken into account when making sentence management decisions, such as granting temporary release. Information and contact details in relation to the Victim Liaison Service are available on the IPS website at www.irishprisons.ie .

Since the inception of the IPS Victim Liaison Service in the early 2000s, the numbers of persons who have registered with the service have increased dramatically. The introduction of the EU Victim’s Directive and the measures put in place in the Criminal Justice system have resulted in a heightened awareness of victims’ rights and it is envisaged that the numbers accessing the service will continue to grow. To give an understanding of the increase in demand for the service, on the 1 January 2011 there were 188 victim contacts who had registered with IPS Victim Liaison Service since its inception. By 27 November 2020, this has risen to 1,280 registered victim contacts that have availed of the service.

It is important to note that the IPS Victim Liaison Service is a voluntary service and victims may register with the Service if they wish to be advised of the significant developments in a prisoner’s sentence as outlined above. There is no process in place whereby all victims are contacted as a matter of course as such a system could be perceived as intrusive and insensitive.

As the Deputy may be aware, I recently published Supporting A Victims Journey - A plan to help victims and vulnerable witnesses in sexual violence cases which is a detailed roadmap for the introduction of the recommendations contained in the O'Malley review which, when implemented, will protect vulnerable witnesses, during the investigation and prosecution of sexual offences. This work is being progressed as a priority under the Programme for Government commitments in consultation with our stakeholders.

As part of this work, I am committed to ensuring that the victim is kept informed of developments and that their is heard at all stages throughout the criminal justice process. We are mapping the journey that faces the victim, from commission of the crime, through the reporting and investigation process, the preparation of the prosecution and during the court proceedings, through to the verdict and sentencing, if that is the end result, and beyond regardless of the verdict. This is to ensue that the appropriate supports and information can be made available to victims at every step of the way.

Crime Prevention

Questions (603)

Peadar Tóibín

Question:

603. Deputy Peadar Tóibín asked the Minister for Justice if repeat offences have been linked to failure to adequately notify prior victims of the offenders; and if so, the number. [40203/20]

View answer

Written answers

As I understand the Deputy's question, he is seeking information on repeat offences committed by an offender against a previous victim in circumstances where the victim may not have been notified of release. I am informed that statistics on any such occurrences are not retained by the Irish Prison Service.

As the Deputy may be aware, there is a process whereby the Irish Prison Service Victim Liaison Officer undertakes to notify registered victims of significant developments in the management of the perpetrator's sentence and this is set out in the Victims Charter. I understand that significant developments include the following: inter-prison transfers; Parole Board hearings and decisions arising out of this process; temporary releases and expected release dates. If victims opt to make their views known to the Prison Service, these views are always taken into account in sentence management decisions, such as granting temporary release. Information and contact details in relation to the Victim Liaison Service are available on the IPS website.

Further to this and arising from the provisions in the Criminal Justice (Victims of Crime) Act 2017, the Probation Service and the Irish Prison Service have in place an agreed protocol to support and inform collaboration between the Services where the victim may require an integrated response. This protocol underpins the engagement between the two Services.

Where a victims has opted to receive information about the sentence management of an offender, I understand that the prison-based service will update victims on developments/changes with prisoner status during the course of their custodial sentence. At the point of release, the victim is provided with details of the Victim Services Unit in the Probation Service and assisted in whatever way may be appropriate to link into that service. The Unit will provide a timely response to any queries or concerns that may arise for the victim during the course of the post- release supervision period.

I am acutely aware of the devastating and life-changing impact that crime can have on a victim and I am working to ensure that our criminal justice system works in an integrated compassionate way that supports them and adapts to their need. I am committed to implementing the changes recommended by the recent O’Malley review, which I have set out in 'Supporting A Victims Journey', a detailed time-bound action plan which will ensure we give full effect to the recommendations.

Departmental Contracts

Questions (604)

Catherine Murphy

Question:

604. Deputy Catherine Murphy asked the Minister for Justice if she will provide a schedule of all consultancy firms, accountancy firms, legal firms, project management firms and IT firms her Department has engaged to carry out work its behalf in 2018, 2019 and to date in 2020; if she will summarise the work they were engaged to do and the full costs of the engagements; if disputes over costs ensued; if they were resolved with or without sanctions and or financial penalties and or withholding of funds; and if contracts are subject to legal challenge or mediation. [40215/20]

View answer

Written answers

The information requested by the Deputy is currently being collated. Due to the extensive work involved in gathering this information, this exercise may take some time. I will write to the Deputy as soon as it is available, in line with standing orders.

Garda Reserve

Questions (605)

Jim O'Callaghan

Question:

605. Deputy Jim O'Callaghan asked the Minister for Justice if consideration will be given to utilising the 430 members of the Garda Reserve to assist gardaí during the implementation of changing Covid-19 restriction levels and beyond; and if she will make a statement on the matter. [40224/20]

View answer

Written answers

The Garda Commissioner is by law responsible for the management of An Garda Síochána as well as the allocation and distribution of resources. This includes responsibility for the recruitment, training and deployment of Garda members and members of the Garda Reserve. As Minister, I have no responsibility 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 that there are currently 416 Garda Reserves.

The duties and powers of the Garda Reserve are determined by the Garda Commissioner as set out in the Garda Síochána Act 2005. The Garda Commissioner has determined the duties of a Garda Reserve member shall be the following;

Community Policing

Patrols, either on beat patrol or mobile patrol in the Community/ Neighbourhood Policing Area

Road traffic checkpoint duties

Duty at the outer cordon of major events such as festivals and major sporting events.

Issue Fixed Charge Penalty Notices (FCPN) where required

Assisting in the event of accidents, fires and major emergencies

Preserving crime scenes – static security duty

Station duties

Station duty, other than the care and custody of prisoners

Station orderly

Communications Room duty, to include monitoring CCTV

Courts

Serving summonses

Giving evidence in court

While undertaking the above duties a Reserve Garda must be accompanied by a full-time member of An Garda Síochána at the rank of Garda or above.

Reserve Gardaí are regarded as essential workers and so can operate as they normally would at any other time and are not prevented from undertaking duty during the current COVID-19 pandemic.

The most recent figures for the first 6 months of 2020, show that across the organisation almost 13,000 hours were volunteered by 132 individual Reserve Gardaí supporting their fulltime colleagues.

I informed by the Garda authorities that each Garda division was requested to review how Reserve Gardaí were to be utilised during the initial COVID-19 restrictions earlier this year and further communication has issued to them again during the Level 5 restrictions, highlighting duties and roles that can be undertaken by Reserve Gardaí. This includes;

Hi-Visibility foot or mobile patrols

Detailed to assist Community Policing units – Particular attention is drawn to the benefit of an additional uniform member being available to assist the elderly or vulnerable members of the community

Road traffic check point duties – including those in support of Operation Fanacht

Assist Gardaí in inspecting licensed premises in support of Operation Navigation

Station duty – Front counter, Station orderly or Communications room

Reserve Gardaí cannot be directed to attend for duty, but if they volunteer for duty and advise their local management of their availability they can be rostered on for duty by mutual agreement and carry out duties as outlined above. Additionally, Divisional Officers must ensure the health and safety of all personnel when devising policing plans for their divisions. As such, the exact utilisation of Reserve Gardaí will vary across divisions.

When on duty, Reserve Gardaí have access to the same PPE equipment with respect to COVID-19 precautions, gloves/facemasks/sanitiser/etc., as their full time colleagues. In addition, it is noted that An Garda Síochána is encouraging all its members and staff to receive the annual Flu Vaccine this year and is supporting this by refunding the cost of the vaccine, up to a maximum of €40. This measure has been communicated to the entire organisation and is also available to Reserve Gardaí, who are making themselves available for duty, and this has been explicitly communicated to every division to ensure Reserve Gardaí are made aware of this.

Residency Permits

Questions (606)

Bernard Durkan

Question:

606. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed to update residency in the case of a person (details supplied); and if she will make a statement on the matter. [40249/20]

View answer

Written answers

The person concerned has permission to remain in the State, on immigration stamp 1 conditions, without a requirement to obtain an employment permit, up to 20 January 2021. This is as a result of the temporary extensions of permissions that I and my predecessor have announced due to the COVID-19 pandemic. The automatic extension of permission is on the same basis as the person’s existing permission and the same conditions attach.

The person concerned has also lodged a formal application for renewal of permission to remain. This application will be processed to completion 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.

Refugee Resettlement Programme

Questions (607)

Neasa Hourigan

Question:

607. Deputy Neasa Hourigan asked the Minister for Justice her plans to reopen the Irish Refugee Protection Programme Humanitarian Admission Programme 2; and if she will make a statement on the matter. [40250/20]

View answer

Written answers

The Irish Refugee Protection Programme Humanitarian Admission Programme (IHAP) was announced in May 2018 as part of the Government's plan to realise the full commitment of 4,000 persons agreed under the first phase of the IRPP in September 2015.

The programme allows holders of an international protection status in Ireland, (i.e. refugees with Convention or Programme Refugee status), holders of Subsidiary Protection grants, and Irish citizens, to make a proposal to me to bring to the State their family members who are nationals of one of the top ten major source countries of refugees as identified by the UNHCR Annual Global Trends Report.

IHAP received proposals for inclusion in the programme within defined periods or ‘windows for submissions’. The first window for accepting proposals ran from 14 May 2018 to 30 June 2018. Processing of the proposals from this first window was completed in 2018. A second window for the submission of proposals ran from 20 December 2018 until 8 February 2019.

The first IHAP round granted permission to 165 beneficiaries. To date, the second round of the IHAP has granted permission to 556 beneficiaries.

When the IHAP was announced in May 2018, it was envisaged that there would be approximately 530 beneficiaries. In December 2019, the allocation was increased to approximately 740 beneficiaries.

My Department is currently finalising the processing of proposals submitted under the existing programme and the number of persons to benefit from it is likely to exceed the 740 allocation.

There are no current plans to reopen the programme.

Family Reunification

Questions (608)

Neasa Hourigan

Question:

608. Deputy Neasa Hourigan asked the Minister for Justice her plans to reassess the family reunification programmes here to provide for a refugee or a person eligible for subsidiary protection to apply for members of their family to enter and reside in the State; and if she will make a statement on the matter. [40251/20]

View answer

Written answers

The International Protection Act 2015, brought about significant reforms to our international protection process. The most significant of these was the introduction of a single application procedure. By replacing the previous multi-layered and sequential process, the single application procedure brings certainty at a much earlier stage to those who qualify for international protection. In turn, this provides for timely reunification with immediate family members to support those granted international protection to begin their new lives here in Ireland.

The family reunification provisions under the 2015 Act apply equally to beneficiaries of both types of international protection: refugee status and subsidiary protection status and there are no economic conditions imposed on sponsors. The application must be made within 12 months of being granted international protection.

Under Section 56 of the 2015 Act, the following family members are eligible for family reunification:

Spouse - the marriage must have subsisted on the date the application for international protection in the State was lodged;

Civil Partner- the civil partnership must have subsisted on the date the application for international protection in the State was lodged;

Parent(s) and their children (under 18 and unmarried) if the sponsor was under 18 and unmarried on the date the application for family reunification in the State was lodged; and

A child of the sponsor, who is under the age of 18 and unmarried when the sponsor made an application for family reunification in the State.

Where an application for Family Reunification is granted, family members will be given permission to enter and/or reside in the State for not less than one year, provided the sponsor's permission is in force and the sponsor is entitled to remain in the State.

It also remains open to me to exercise my discretion under the Non-EEA Policy Document on Family Reunification to waive the economic conditions for sponsors applying for extended family members. My Department will continue to examine such applications on humanitarian grounds on a case-by case basis.

Crime Data

Questions (609)

Mark Ward

Question:

609. Deputy Mark Ward asked the Minister for Justice the number of convictions that took place in 2019 to date in 2020, under section 80(1) of the Criminal Justice Act 2006 (details supplied); and if she will make a statement on the matter. [40316/20]

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Written answers

As the Deputy may be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, and this includes information relating to convictions.

I have had enquiries made of the Courts Service and they have provided the information requested on convictions in the table below.

It should be noted that this information provided has been drawn from instances where prosecutors used offence codes. It is possible for prosecutors to use uncoded free text when inputting offences. Where uncoded free text has been used, any such offences are not included.

Jan - Dec 2019

Jan - Oct 2020

Offence

Offences

Persons

Offences

Persons

Possession of a fireworkfor the purpose of sale/supply

5

5

3

3

Igniting firework

3

3

Throw/direct/propel ignited firework

1

1

Total

8

8

4

4

Court Accommodation

Questions (610)

John Brady

Question:

610. Deputy John Brady asked the Minister for Justice the process of transferring the old Bray Courthouse, Boghall Road, Bray to Wicklow County Council; the expected time-frame; and the engagement that has taken place with the local authority on the issue. [40326/20]

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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 regarding the former courthouse at Boghall Road, Bray made and the Courts Service has provided the following update on this matter.

The former Courthouse has been vacant since 2006 when court sittings and services were relocated to alternative accommodation in the town centre. While the National Development Plan provides for the construction of county town type court facilities at various locations including Bray, the Boghall Road site is considered unsuitable in terms of both size and location. In the recent past the Courts Service did examine the possibility of using the Boghall Road building to augment existing court facilities in Bray, however, this was not considered feasible. The Courts Service has no plans for this building at present and it is considered to be surplus to requirements. In these circumstances, the Courts Service, in the first instance, offers the property to the local authority or the OPW for alternative public use.

I am advised that the Courts Service would be willing to explore transferring ownership of the building to Wicklow County Council so that it can be made available for alternative public/community use. However, there has been no engagement between the Courts Service and Wicklow County Council to date.

EU Regulations

Questions (611)

Thomas Pringle

Question:

611. Deputy Thomas Pringle asked the Minister for Justice her plans to adopt the European Public Prosecutor's Office regulation; if so, the criteria that would apply in making the decision; and if she will make a statement on the matter. [40399/20]

View answer

Written answers

As the Deputy will be aware, Ireland is not participating in the European Public Prosecutor's Office (EPPO) which is being established by means of an enhanced cooperation procedure provided for under Article 86 of Treaty on the Functioning of the European Union (TFEU). The Member States participating in this procedure adopted the EPPO Regulation 2017/1939 in October 2017. Ireland retains the option to participate at a future time under the provisions of Protocol 21 to the TFEU.

At this point Ireland does not have any immediate intention to join the measure, as it presents constitutional difficulties regarding the admissibility of evidence, and practical difficulties arise in terms of the interaction with our common law system.

Ireland is part of the related PIF Directive (Directive 2017/1371 on the fight against fraud to the Union's financial interests by means of criminal law). This Directive will be transposed into Irish law by the Criminal Justice (Theft and Fraud Offences)(Amendment) Bill 2020, which is currently before the Seanad.

The EPPO Regulation provides for the EPPO and the Commission putting in place arrangements for cooperation between the EPPO and the non-participating Member States. Discussions in respect of these arrangements are continuing between Member States and on a bilateral basis as well as between Ireland and the EPPO.

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