Thursday, 25 Feb 2021

Written Answers Nos. 221-237

Garda Síochána Ombudsman Commission

Questions (221)

Pa Daly

Question:

221. Deputy Pa Daly asked the Minister for Justice when she anticipates receiving and publishing the latest GSOC annual report. [10637/21]

Written answers

Minister for Justice

As the Deputy will be aware, and in accordance with section 80 (1) of the Garda Síochána Act 2005, the Garda Síochána Ombudsman Commission shall submit an annual report on the activity and work of the Commission for the immediately preceding year to the Minister no later than 31 March of each year.

I anticipate that the annual report for 2020 will be provided to me by 31 March 2021.

Visa Applications

Questions (222)

Mark Ward

Question:

222. Deputy Mark Ward asked the Minister for Justice the status of a visa application by a person (details supplied). [10655/21]

Written answers

Minister for Justice

In response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.

These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility ([e-mail]) which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.

Citizenship Applications

Questions (223)

Robert Troy

Question:

223. Deputy Robert Troy asked the Minister for Justice if applications for citizenship are being processed during level 5 restrictions. [10661/21]

Written answers

Minister for Justice

I can confirm that the Citizenship Division of the Immigration Service of my Department has continued to accept and process citizenship applications throughout the Covid-19 pandemic restrictions.

I accept that there is a significant delay in the processing of applications for citizenship. However, a number of issues have impacted on the processing of citizenship applications over the past 15 months. A High Court case, which was subsequently successfully appealed to the Court of Appeal, resulted in significant delays.

As well as this, a significant backlog has built up regarding the granting of citizenships due to the inability to hold in-person ceremonies during Covid-19 and the restrictions on staff attending the office. The combined impact of the Jones judgment and the Covid-19 disruption has resulted in the loss of over six months’ processing time. As a result, the processing timeline for standard applications has increased to 12 months.

In order to help in dealing with the backlog, and in particular those applicants that were ceremony ready, I was pleased to announce last month that a temporary system is now in place that will enable citizenship applicants to complete their naturalisation process by signing a statutory declaration of loyalty to the State. This signed statutory declaration replaces the requirement for citizenship applicants to attend citizenship ceremonies, which have been temporarily suspended during Covid-19.

The new system is in place from 18 January 2021, and the Citizenship Division will communicate directly with applicants regarding the requirements, on a phased basis over the next few months until in-person citizenship ceremonies are able to recommence. As of this week, 2,000 applicants have been communicated with, of whom 900 have reverted and 600 certificates of naturalisation have issued. Its intended that in total 4,000 applicants will be communicated with by the end of March.

Legal Aid Service

Questions (224)

Richard Boyd Barrett

Question:

224. Deputy Richard Boyd Barrett asked the Minister for Justice further to Parliamentary Question No. 622 of 27 January 2021, when the information requested will be collated; and if she will make a statement on the matter. [10672/21]

Written answers

Minister for Justice

I am very happy to be able to reply to the Deputy on these matters and for his understanding in allowing the additional time necessary to complete the relevant enquiries with the Legal Aid Board.

As the Deputy will appreciate, the Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means, in accordance with the relevant criteria and provisions of the Civil Legal Aid Act 1995.

This includes the Board’s provision of key supports under Abhaile as the National Mortgage Arrears Resolution Service. The Programme for Government commits to continuing to fund Abhaile, and to introducing the necessary reforms to our personal insolvency legislation to ensure that sufficient supports are in place for mortgage holders with repayment difficulties. This also reflects the Government’s ongoing prioritisation of more vulnerable citizens during the COVID-19 pandemic and for the period of national recovery which will follow. There is, in addition, a commitment to reviewing the scheme this year.

An important component of Abhaile relates to the provision of legal aid for proceedings under section 115A of the Personal Insolvency Act 2012 (as amended). This legislation provides for a process where a proposal for personal insolvency arrangement can be implemented by a court even if rejected by creditors at a creditors meeting.

The legal aid available includes the services of a solicitor from the Legal Aid Board’s Abhaile Solicitors’ Panel and payment to the personal insolvency practitioner with respect to the expenses they occur in making the section 115A application. Prior to 1 March 2019, the services of Junior Counsel were funded in all s115A applications. Since that date the services of Counsel may be sought on a case-by-case basis as is the case in other civil legal aid matters.

These Panels and supports are administered independently by the Legal Aid Board under the relevant legislative and regulatory provisions. They are also subject to statutory audit and certification by the Office of the Comptroller and Auditor General and subject to the relevant Internal Audit and corporate governance procedures. The following information has been provided in the form of three Schedules by the Legal Aid Board.

Schedule A sets out the amounts spent by the Legal Aid Board on solicitors, barristers and personal insolvency practitioners for applications under the Personal Insolvency Act 2012 during the year 2020.

Schedule B sets out the amount paid by the Legal Aid Board to each individual solicitor, barrister and personal insolvency practitioner for applications under the Personal Insolvency Act 2012 during the year 2020.

Schedule C sets out the total amounts incurred but not yet paid by the Legal Aid Board in connection with solicitors, barristers and personal insolvency practitioners for applications under the Personal Insolvency Act 2012 as at 1 January 2021, and the amount of those liabilities which were accrued during 2020. It is assumed that the accrued fee will be invoiced in full.

I have had enquiries made with the Legal Aid Board and am informed that the Legal Aid Board is not in a position to provide information as to individual amounts accrued into the future by individual service providers. This is because the legal aid recipients concerned engage their own solicitor from the panel on foot of a legal aid certificate and it is for that solicitor (if authorised to do so) to instruct Counsel. The Legal Aid Board does not therefore become aware of which solicitor and barrister has been so engaged until the relevant claim is later submitted to it for that purpose.

Schedule A

Fees actually paid (inc VAT) to personal insolvency practitioners, solicitors, and barristers in respect of legally aided applications under section 115A of the Personal Insolvency Act 2012 (as amended)

Financial Year	2020
Fees to barristers	€194,881
Fees to personal insolvency practitioners	€890,239
Fees to solicitors	€1,700,176
Totals	€2,785,296

Schedule B

Part 1 – Fees paid to solicitors

Payee	2020
Anthony Joyce & Co	€282,817
Catherine Allison & Co	€269,881
Elizabeth Howard & Co Solicitors	€250,055
Hanlon & Company Solicitors	€179,400
Ashtown Gate Solicitors	€179,174
Alan McGee & Co Solicitors	€139,427
Louisa C. McKeon & Company Solicitors	€94,640
Holohan Solicitors	€76,007
Gibson & Associates Solicitors	€62,287
Kayanne Horgan Solicitors	€52,595
Carley & Associates Solicitors	€44,881
Kieran Mulcahy Solicitors	€23,840
Damien Sheridan Solicitors	€12,620
J.F. Williams & Co Solicitors	€12,578
Kieran O’Gorman	€5,173
Martina Murphy Solicitors	€4,674
John O’Keefe & Co Solicitors	€3,856
Mullan & Associates	€3,506
Michelle Linnane	€2,768

Part 2 – Fees paid to barristers

Payee	2020
Keith Farry	€189,937
Barney Quirke	€3,875
Andrew D King	€1,070

Part 3 – Fees paid to personal insolvency practitioners

Payee	2020
McCambridge Duffy Ltd	€189,530.24
Alan McGee Personal Insolvency Services Ltd	€109,573.32
Uhy Personal & Corporate Insolvency Solutions Ltd	€100,186.50
Grant Thornton Debt Solutions Ltd	€81,394.07
Insolvency Resolution Service	€63,496.35
Kirk & Associates	€60,848.07
ACO Financial	€48,183.83
Rebate Insolvency Solutions	€28,029.41
Midland Insolvency Solutions	€25,953.00
Moore Stephens Debt Solutions	€20,603.71
DebtSolv	€15,272.91
The Debt Clinic	€15,128.50
Cork Insolvency Centre	€14,815.70
R. Hendy & Co. Chartered Accountants	€13,617.68
Kildare Audit & Accountancy Services	€13,553.00
PKF-FPM Partnership	€11,070.00
Mulhern Leonard	€9,225.00
DV Mannion & Co. Ltd	€9,014.57
John Paul Donelon	€8,567.00
KPMG Restructuring	€7,687.50
Milne O'Dwyer	€6,868.32
John Carmody	€6,457.50
Professional Debt Solutions Limited t/a Rescue Me""	€6,050.00
W.O. McGrory & Company	€5,740.41
Quintas Insolvency Services Limited	€4,612.50
Friel Stafford	€4,305.00
John J Lupton	€3,429.14
Firm Advice Ltd	€3,075.00
Prima Finance Debt Solutions	€2,050.41
PIP Ltd.	€1,900.00

Schedule C

Fees incurred but not yet paid in relation to the services of personal insolvency practitioners, solicitors, and barristers in respect of legally aided applications under section 115A of the Personal Insolvency Act 2012 (as amended)

	Total at 1st Jan 21	Of which incurred during 2020
Total – comprising of:	€5,334,278	€1,869,940
Fees to barristers	€1,661,519	€226,285
Fees to Personal Insolvency Practitioners	€2,023,613	€793,370
Fees to Solicitors	€1,649,146	€850,285

Deportation Orders

Questions (225)

Paul Donnelly

Question:

225. Deputy Paul Donnelly asked the Minister for Justice the status of a deportation order in respect of a person (details supplied). [10676/21]

Written answers

Minister for Justice

The person referred to by the Deputy was the subject of a Deportation Order made on 8 March 2019. This deportation was effected on 4 December 2019. The person subsequently made a request on 10 February 2020, under section 3(11) of the Immigration Act 1999 (as amended), to have that Order revoked and this will be considered as soon as possible. The decision will be that the existing Deportation Order will be either ‘affirmed’ or ‘revoked’.

More generally, in line with the clear commitments both I and the Taoiseach have given, no Deportation Orders are being enforced during the pandemic, except in circumstances where there are national security or serious public policy concerns. My Department has consistently adopted a pragmatic approach in this area in the context of Covid-19.

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 ([e-mail]) which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.

Deportation Orders

Questions (226)

Bernard Durkan

Question:

226. Deputy Bernard J. Durkan asked the Minister for Justice if she will set aside an order to deport in the case of a person (details supplied); and if she will make a statement on the matter. [10703/21]

Written answers

Minister for Justice

The person referred to is the subject of a Deportation Order made on 1 February 2019. However, they made a request on 23 October 2020, under section 3(11) of the Immigration Act 1999 (as amended), to have that Order revoked and this will be considered as soon as possible. The decision will be that the existing Deportation Order will be either ‘affirmed’ or ‘revoked’.

As a person subject to a Deportation Order, they are legally obliged to comply with any reporting obligations placed on them by the Garda National Immigration Bureau (GNIB). They may be directed to attend, either at the Burgh Quay office in Dublin, or at their local Immigration Office, at specified times on specific dates until such time as the deportation process has been completed.

In line with the clear commitments both I and the Taoiseach have given, no Deportation Orders are being enforced during the pandemic, except in circumstances where there are national security or serious public policy concerns. My Department has consistently adopted a pragmatic approach in this area in the context of Covid-19.

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 ([e-mail]) 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.

Crime Data

Questions (227)

Róisín Shortall

Question:

227. Deputy Róisín Shortall asked the Minister for Justice if data are available regarding arrests, prosecutions and convictions for the theft of catalytic converters and the handling of same; and if she will make a statement on the matter. [10778/21]

Written answers

Minister for Justice

I can inform the Deputy that I am very conscious of the impact of this form of theft from car owners, and in particular from individuals owning specific types of hybrid vehicles. I understand that the current interest in catalytic converter theft may be directly associated with the current high price of palladium available on the market.

The Criminal Justice (Theft and Fraud Offences) Act 2001 provides for offences of theft, the handling of stolen property and the possession of stolen property. The offence of theft provided for by this legislation would, based on the broad nature of the offence, include the theft of scrap metal and catalytic converters. A maximum sentence of 10 years in prison is provided for in the case of convictions for offences of theft and handling of stolen property; while a maximum sentence of 5 years in prison is provided for convictions for the offence of possession of stolen property.

Irish law relating to the sale and purchase of scrap metal is a matter for the Department of Communications, Climate Action and Environment and arises under the Waste Management Act 1996. The Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 apply to the sale and purchase of scrap metals and were designed to improve the traceability of such scrap metal sales. The regulations impose an obligation on businesses to apply due diligence measures to ensure the traceability of any waste purchased.

I am informed by the Garda authorities that a search of the PULSE database was conducted on the 23 February 2021 for records associated with incidents of theft or attempted theft of catalytic converters.

Based on numbers returned, the table below which has been provided to me by the Garda authorities, sets out the number of arrests which occurred during the period 2019, 2020 and to date in 2021.

As the Deputy may be aware, An Garda Síochána Analysis Service does not typically report on details where there are less than 10 incidents in a given period.

Year	2019	2020	at 23 February 2021
Count of Arrests	15	18	* Less than 10 arrests to date in 2021.

Please note that the incident data is based upon operational data from the PULSE system and is liable to change.

I am informed by the Courts Service that it is not be possible to run a query specifically relating to convictions for theft of catalytic converters as offences may have been prosecuted under Theft and Fraud Offences Act which relates to general theft. Furthermore, some offences could have been prosecuted using uncoded free text code.

European Council Meetings

Questions (228)

Denis Naughten

Question:

228. Deputy Denis Naughten asked the Minister for Justice the number of formal and informal Council of the European Union meetings that have been held since 27 June 2020 under the remit of her Department; and the number of formal and informal meetings, respectively, held virtually. [10820/21]

Written answers

Minister for Justice

Since 27 June 2020 to date, no formal meetings of EU Justice or Home Affairs Ministers were held. There has been a total of four informal meetings of EU Justice Ministers and six informal meetings of EU Home Affairs Ministers in that time period. All of these meetings were held by videoconference.

Legislative Programme

Questions (229)

Éamon Ó Cuív

Question:

229. Deputy Éamon Ó Cuív asked the Minister for Justice when a Bill (details supplied) will be published in view of the fact that there has been a legal international obligation on Ireland for nearly ten years to transpose this into Irish law; the reason for the delay with this matter; and if she will make a statement on the matter. [10837/21]

Written answers

Minister of State at the Department of Justice

As the Deputy will be aware, the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill will transpose Framework Decision 2008/909/JHA.

The framework decision on mutual recognition of judgments imposing custodial sentences provides for a revised system of transfer of sentenced persons within EU Member States.

Officials from my Department in Dublin and in Brussels are providing regular updates to the European Commission in respect of ongoing efforts to ensure we are fully compliant with our EU obligations in respect of transposition.

In that regard, the General Scheme for this transposition was agreed by Government in July and the Department is now working with the Office of Parliamentary Counsel to progress this work and publish this scheme as quickly as possible.

Complex legal issues arise, particularly with respect to adaptation of sentences, but I am pleased to say that the Bill is now on the priority list for the Spring session. I expect the Bill to be published in the coming months.

Court Orders

Questions (230)

Louise O'Reilly

Question:

230. Deputy Louise O'Reilly asked the Minister for Justice if a court order for the sale of a home arising from divorce proceedings can be executed during level 5 restrictions; and if she will make a statement on the matter. [10869/21]

Written answers

Minister for Justice

The execution of the Court Orders described by the Deputy is not a matter for the Courts Service, or for this Department. ?It is the responsibility of the parties in the proceedings and/or their solicitors to execute such Orders. The Deputy will appreciate that I, as Minister for Justice, am not in a position to comment on, or provide legal advice, on matters which relate to activities between solicitors and clients.

There is provision for the sale of property during Level 5 restrictions, in keeping with the Minister for Health's national Covid-19 strategy.

The Property Services Regulatory Authority (PRSA), the independent statutory body established under the Property Services (Regulation) Act 2011, with responsibility to licence and regulate property service providers (auctioneers, estate agents, letting agents and property management agents) has developed guidance in this regard. A Protocol developed by the PSRA in association with the Institute of Professional Auctioneers & Valuers (IPAV) and the Society of Chartered Surveyors Ireland (SCSI) is intended to ensure strict precautions are taken to provide the highest standards of safety in the sales, lettings, valuations and management of properties. The PSRA, in association with IPAV and SCSI, also published the Property Services Providers Guidance to implementing the Plan for Living with Covid-19 which set out additional measures to be undertaken at the different levels outlined within the Plan. The latest version of this Guidance issued in January 2021. Both the Protocol and the Guidance are subject to the Government, HSE and Department of Health guidelines on these matters. The full documents are available to view on the Property Services Regulatory Authority website at: www.psr.ie.

Immigrant Investor Programme

Questions (231, 232, 233, 234)

Alan Kelly

Question:

231. Deputy Alan Kelly asked the Minister for Justice the status of the review of the immigrant investor programme; and if she will make a statement on the matter. [10912/21]

Alan Kelly

Question:

232. Deputy Alan Kelly asked the Minister for Justice the number of applicants to the immigrant investor programme from 2012 to date; the number of those applicants who have been successful since 2012 to date in tabular form; and if she will make a statement on the matter. [10913/21]

Alan Kelly

Question:

233. Deputy Alan Kelly asked the Minister for Justice the number of applications that have been made for the immigrant investor programme via the enterprise, investment, REIT and endowment options up to the end of January 2021; the breakdown for each of those options in each period for 2020, in tabular form; the number of applications in 2018 and 2019; and if she will make a statement on the matter. [10914/21]

Alan Kelly

Question:

234. Deputy Alan Kelly asked the Minister for Justice the number of applications for the immigrant investor programme via the enterprise, investment, REIT and endowment options that have been approved up to the end of January 2021 for 2019 and 2020; and if she will make a statement on the matter. [10915/21]

Written answers

Minister for Justice

I propose to take Questions Nos. 231 to 234, inclusive, together.

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

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

The IIP has been subject to a number of reviews, both internal and external, in recent years. Following a tender process, a contract to carry out an external review was signed in June 2019. This review was to be carried out in two phases. The Terms of Reference for the review are published on the Immigration Service website at: http://www.inis.gov.ie/en/INIS/Pages/New%20Programmes%20for%20Investors%20and%20Entrepreneurs.

The second phase of the review has recently been completed and is being considered by my Department. In the meantime, applications under the IIP continue to be assessed by an independent evaluation committee and, where assessed positively, are accepted and processed.

The table below provides details of the applications received and the numbers of approvals issued since 2012.

Year	Applications received	Applications approved
2012	5	2
2013	18	16
2014	30	8
2015	75	71
2016	333	32
2017	324	373
2018	423	156
2019	442	237
2020	340	267
2021 to date	26	18
TOTAL	2016	1,197

*Note: Applications received includes applications received under the IIP Bond and Mixed Investment Bond Options, which were suspended in July 2016, by the Evaluation

Committee on the basis that they no longer provided value for money.

I have set out in the table below details of the applications that have been made for the immigrant investor programme via the enterprise investment, investment fund, REIT and endowment options up to the end of January 2021; the breakdown for each of those options in each period for 2020 2019 and 2018.

Investment Type	Applications received to date	Applications received in 2020	Applications received in 2019	Applications received in 2018
Enterprise Investment	1120	103	145	318
Investment Fund	286	61	74	30
REIT	8	1	4	1
Endowment	533	175	219	74

The following table provides details of the applications approved and issued from 2019 to date under the enterprise investment, investment fund, REIT and endowment options.

Investment Type	Approved 2019	Approved 2020	Approved January 2021
Enterprise Investment	168	76	5
Investment Fund	19	45	6
REIT	1	3	0
Endowment	49	143	7

It is important to note that approvals issued in any year may relate to applications which were received in previous years due to the time taken to process applications and carry out the necessary due diligence checks on applications.

Community Policing

Questions (235)

Gary Gannon

Question:

235. Deputy Gary Gannon asked the Minister for Justice the number of areas in Dublin that do not have access to a community policing outreach van; and if she will make a statement on the matter. [10949/21]

Written answers

Minister for Justice

I have requested information from the Garda Commissioner in relation to this matter but unfortunately it was not possible to compile it in the time available.

I will write to the Deputy directly with the information requested, when it is available.

The following deferred reply was received under Standing Order 51

I refer to Parliamentary Question Number 235 for answer on 25 February 2021 where you requested the number of areas in Dublin without access to a community policing outreach van. You will recall that the information could not be obtained in the time available and I undertook to consult with An Garda Síochána and contact you again when the information was available.

In accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána. In addition, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. This includes responsibility for the allocation of Garda vehicles among the various Garda divisions. I have no role in these matters but I am assured 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 there is one Community Support Vehicle attached to the DMR North Central Division. This van is unique to the Division and was provided as part of the North East Inner City Initiative (NEIC) to enhance policing services in the area. This van is especially equipped with PULSE and the facility to take statements and is available to all stations in the DMR North Central Division.

I am advised that all other Divisions within the Dublin Metropolitan Region have a Community bus which is utilised for community groups and services within their respective Divisions.

You may be interested to know that 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.

I trust this information is of assistance.

Public Procurement Contracts

Questions (236, 237)

Mairéad Farrell

Question:

236. Deputy Mairéad Farrell asked the Minister for Justice the number and value of procurement contracts for Covid-19-related spending in 2020 and 2021 that took place via negotiated procedure without prior publication in her Department. [11184/21]

Mairéad Farrell

Question:

237. Deputy Mairéad Farrell asked the Minister for Justice the breakdown of procurement contracts for Covid-19-related spending in 2020 and 2021 that took place via negotiated procedure without prior publication by her Department, by goods and service type in tabular form. [11214/21]

Written answers

Minister for Justice

I propose to take Questions Nos. 236 and 237 together.

I can inform the Deputy that the Department did not enter into any procurement contract by negotiated procedure in the timeframe specified.