Written Answers Nos. 1203-1227
1203. Deputy Niamh Smyth asked the Minister for Justice the steps she has taken to set up a public inquiry into the death of a person (details supplied) which was agreed to by a vote in Dáil Éireann; and if she will make a statement on the matter. [14166/21]
View answerAs the Deputy will be aware, a retired Judge, Gerard Haughton, is currently conducting the scoping exercise into the tragic circumstances surrounding the death of the late Shane O'Farrell.
Judge Haughton furnished an interim report to my predecessor in November 2019. In his interim report, the Judge stated that he would not restrict or limit Shane's family in their submissions to him or the nature and extent of the documentation they wished to furnish to him in his scoping exercise.
I can confirm that my Department expects to receive the final report from the Judge shortly.
The Judge is of course completely independent in his work, and as Minister I can neither intervene in nor direct the course of the scoping exercise. My Department has been and continues to provide all necessary assistance to the Judge to enable him to complete his work.
While I genuinely regret that this process has taken longer than any of us would like, I am also aware that the Judge is doing all that he can to ensure that the concerns which the family have raised with him during the process are followed through to the greatest extent possible.
With regard to the passing of a Dáil resolution in June 2018 calling for a public inquiry into the events surrounding the incident in which Shane O’Farrell tragically lost his life, my predecessor as Minister initiated this scoping exercise to examine various matters.
Judge Haughton has been in contact with the O’Farrell family throughout his scoping exercise. I am awaiting Judge Haughton’s final report to me on the outcome of his scoping exercise, which will enable me to identify any matters that warrant further investigation or inquiry and the terms of reference thereof.
1204. Deputy Cathal Crowe asked the Minister for Justice the status of a citizenship application by a person (details supplied). [14189/21]
View answerThe application from the person referred to by the Deputy is currently at an advanced stage of processing. It is currently being prepared for submission to me for decision as expeditiously as possible.
A decision is expected to issue on the application within 3 months and the applicant's patience in this matter is appreciated.
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 at: INISOireachtasMail@justice.ie, 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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
1206. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the status of a citizenship application by a person (details supplied); and if she will make a statement on the matter. [14205/21]
View answerAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 5 June 2019. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. If any further documentation is required, it will be requested from the person in due course.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, 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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
1207. Deputy Michael Creed asked the Minister for Justice the number of persons seeking international protection here by the length of stay; and if she will make a statement on the matter. [14207/21]
View answerAt the end of January 2021, there were 5,279 cases pending at the International Protection Office (IPO). The table below provides a breakdown of this figure by duration pending.
Applications pending at the IPO at the end of January 2021
|
Duration pending |
Total |
|
Less than 3 months |
356 |
|
Between 3 and 6 months |
378 |
|
Between 6 and 12 months |
554 |
|
Between 12 and 24 months |
2,646 |
|
More than 24 months |
1,345 |
|
Total |
5,279 |
One of the key recommendations of the Expert Advisory Group, chaired by Dr. Catherine Day, was the reduction of processing times for both first instance decisions and appeals to 6 months each, as far as possible. Work is underway in my Department on identifying mechanisms which will assist with working towards this objective. Additional ICT resources have been secured for 2021 and detailed work, including an end-to-end review of processes, to guide enhanced processing times is underway. When this first phase of work has been carried out it will enable a more detailed set of milestones to be put in place.
The IPO has already begun holding virtual interviews with some applicants living outside of Dublin. They have also put in place a range of measures to improve efficiencies across a number of work streams, such as accelerated procedures, implementation of non-cooperation measures, and initiatives to speed up the return of completed questionnaires. Other options being explored include greater automation of the process including ICT improvements, revision of key documentation and a greater use of remote interviewing.
An additional €1.75m was secured in Budget 2021 for the efficient functioning of the international protection system, which will help to further improve processing times for applications. By October 2022 at the latest, my Department will carry out a review of the progress made in reducing and improving processing times. My Department will then decide whether additional measures are required in order to ensure that the new system can come into operation without the overhang of any significant number of legacy cases.
1208. Deputy Eoin Ó Broin asked the Minister for Justice if her attention has been drawn to the delays faced by Dublin residents wishing to make first-time applications to the INIS; and if consideration will be given to allowing Dublin residents attend immigration units that remain open outside of Dublin for this purpose. [14258/21]
View answerDue to the public health restrictions currently in place under Level 5 of the Government's Framework for Restrictive Measures in Response to Covid-19, the Registration Office in Burgh Quay has been closed since 23 December 2020, until further notice.
To ensure that people do not fall out of permission during the Covid-19 pandemic, six automatic extensions of immigration permissions have been provided, the most recent to 20 April 2021. The renewal of permission is on the same basis as the existing permission and the same conditions attach.
The requirement to register an immigration permission in person, for those living in Dublin, will not arise until the Registration Office reopens in line with the Government’s Roadmap. First time registrations require the taking of biometric information (fingerprints) so it is not possible to do these registrations online.
Customers residing in Dublin, who had appointments cancelled for a first-time registration and who provided a valid email address when making their appointment, will be contacted by the Immigration Service of my Department and given a new appointment date.
Registrations outside of the Dublin area are processed by the Garda National Immigration Bureau through the Garda Station network. Information on the contact details for all the registration offices outside Dublin is available at: https://www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/news-media/reopening-of-registration-offices.html.
Further updates will be provided on the Immigration Service website when available at: http://www.inis.gov.ie/en/INIS/Pages/COVID-19-updates-and-announcements.
Changes to arrangements to permit Dublin residents to register outside of Dublin are not under consideration. Furthermore I am advised by the Garda Commissioner that operational capacity at each immigration office outside the Dublin Metropolitan Region would not permit such a change.
1209. Deputy Mick Barry asked the Minister for Justice if her Department as per its 2021 action plan goal 1, objective 18, work with public sector and civil society stakeholders to review and strengthen processes and the legislative framework to combat human trafficking by the end of quarter 1 agree to the request of an organisation (details supplied) for such an engagement in which it can convey its relevant experiences with the existing processes and legislative framework from the perspective of undocumented migrant fishers it has encountered who have fulfilled the minimum criteria of the internationally recognised Delphi Indicators for human trafficking; and if she will make a statement on the matter. [14262/21]
View answerThe Government is fully committed to combatting human trafficking and to working to identify and support victims of this terrible crime.
I am informed that all accusations of human trafficking in the fishery industry here are fully investigated by An Garda Síochána and files submitted to the DPP. As the Deputy will be aware, independent decisions on prosecution are made by the DPP on the basis of evidence. I am informed by An Garda Síochána that no evidence to support any of the accusations made by the organisation concerned has been found.
As the Deputy is aware, the DPP is independent of Government and indeed of An Garda Síochána and its decisions are made on the basis of evidence. A prosecution cannot be taken where there is a visible lack of evidence to support the contention that trafficking occurred.
I am also informed that the Workplace Relations Commission, which provides the machinery via which victims of labour exploitation can seek redress, regardless of whether the exploitation is in the context of human trafficking or not, has also confirmed that it has found no evidence to support any of the accusations made. The WRC are very active in monitoring and inspecting conditions in the fishing industry and have found no evidence to support any accusations made by the organisation concerned.
My Department officials have had extensive correspondence with the organisation concerned and have made offers of a meeting – these offers have not been responded to. The offer remains open. I would like to stress the point that the distinction between labour exploitation and human trafficking (forced labour) is a very important one, and the integrity of this distinction in Irish and international law must be understood and appreciated by any non-statutory body that seeks to develop a collaborative relationship with the Department on our efforts to tackle human trafficking.
The Delphi Indicators were developed under the auspices of the International Labour Organisation of which Ireland is an active member. The fact remains that the organisation concerned has made numerous accusations of human trafficking that have not stood up to examination.
1210. Deputy Mick Barry asked the Minister for Justice the additional practical supports for victims of human trafficking that will be in place by the end of quarter 1 of 2021 as promised in the 2021 action plan of her Department under section goal 1, action and objective 17.2; and if she will make a statement on the matter. [14263/21]
View answerThe Government is fully committed to addressing human trafficking in all forms, including through the provision of supports for victims of human trafficking, by educating the public to recognise the signs of trafficking and by continuing to work with our international partners in all relevant forums. My Department has committed substantial funding to NGOs working to combat human trafficking. The details are set out in the tables below.
Among the priority actions that will be taken to ensure victims of trafficking are identified, protected, and provided with all the supports needed is the creation of a new wider National Referral Mechanism to protect and promote the human rights of trafficking victims The supports available under the NRM include accommodation, medical care, care planning, legal advice and aid, immigration permission, police services, employment and vocational training, translation and interpretation services and voluntary return home. I will be bringing my proposals for a new NRM to Government in April.
My Department is also working with the International Organisation for Migration (IOM) Ireland on a Cultural Mediation project. The project will build the capacity of State professionals who work with/for migrants, to identify and address the needs of (potential) victims of gender based violence and trafficking more effectively and to provide culturally sensitive support to them. It will also allow victims of gender based violence and trafficking better access information and effectively engage with support and referral services and will promote a culturally sensitive approach to victims, through the use of cultural mediators.
TABLES
|
Core Funding |
€ |
|
Ruhama including COVID |
€609,868 |
|
Ruhama Exit Pathways |
€27,620 |
|
MRCI |
€83,500 |
|
IOM Cultural Mediation Service Project II |
€250,000 |
|
Dormant Account Funding |
|
|
IOM |
€30,000 |
Awareness Raising/Frontline Training
|
Migrant Rights Centre Ireland |
€28,754 to develop information resources and training on awareness of Human Trafficking for labour exploitation |
|
Immigrant Council of Ireland |
€35,000 for development and delivery of introductory and advanced online training modules on awareness raising of human trafficking in Ireland |
|
MECPATHS |
€20,398 for development and delivery of online education and awareness raising of human trafficking in Ireland to frontline professionals and students within the hospitality and services sectors and now for the aviation sector |
|
DORAS |
€23,552 for development and delivery of training and information resources on awareness raising of human trafficking aimed at frontline staff and volunteers to build capacity |
1211. Deputy Mick Barry asked the Minister for Justice the number of permissions her Department has issued in the course 2020 and to date in 2021 to reside and work in the State to non-EEA, UK and Swiss nationals on stamp 1 conditions subject to the general requirement that the person in question be in employment, rather than the usual requirement that they be employed by a named employer; the number of permissions of the latter type that have been issued in the same period; and if she will make a statement on the matter. [14264/21]
View answerUnfortunately, the statistics requested by the Deputy are not maintained by the Immigration Service of my Department in this manner.
These permissions are classified on the Immigration Service databases as Stamp 1. There is no way of identifying those specifically granted a Stamp 1 without the requirement for an employment permit.
The retrieval of this data would require a case by case examination of applications received during the timeframe specified and would represent a significant diversion of resources from day to day processing.
1212. Deputy Mick Barry asked the Minister for Justice the number of letters of notification that were sent in 2020 and to date in 2021 by her Department to participants in the atypical working scheme for non-EEA crew in the Irish fishing fleet notifying them that their contract of employment has ceased and that they should furnish details of their new contract of employment under the scheme within 28 days of the issue of the letter; and if she will make a statement on the matter. [14265/21]
View answerThe Atypical Scheme for non-EEA Crew in the Irish Fishing Fleet was established as a cross Departmental response to address the matter of non-EEA workers on certain categories of vessels in the Irish fishing fleet. A number of Departments are involved in the scheme and it is monitored by an Oversight Committee, chaired by the Department of Agriculture, Food and Marine with members from relevant Departments and State Agencies, including my own.
The terms of the Scheme require that the contract of employment must be of a 12 month duration. Where it arises, the Immigration Service of my Department will issue to the fisher a letter of notification that it has come to the attention of my Department that the fisher’s contract of employment has ceased, and notify the fisher that he/she should furnish details of his/her new contract of employment under the Scheme within 28 days of the issue of the letter.
Only a small number of such letters have issued, as follows:
|
Year |
No of Letters Issued |
|
2020 |
11 |
|
2021 |
01 |
|
Total |
12 |
This represents a very small number of the permissions granted in either of these years:
|
Application |
New |
Renewal |
Total |
|
2020 |
40 |
143 |
183 |
|
2021 to date |
25 |
20 |
45 |
|
Total |
65 |
163 |
228 |
The Atypical application process includes the drawing up of a contract which includes, for example, payment of wages in line with the minimum wage; that the medical needs of the employee must be provided for by the employer; and when an employment is terminated the employer must repatriate the employee to their home country. This contract, prepared by a solicitor practising in the State on behalf of the employer, is submitted in the first instance to the Central Depository administered by the Department of Agriculture, Food and the Marine and thereafter an application is made to the Immigration Service for an immigration permission. Each contract is certified by a solicitor as follows:
1. that the terms of the scheme are met;
2. that the conditions of employment are in accordance with the relevant legislation and that wages are not less than the National Minimum Wage – currently €10.10 per hour; and
3. that there is a statement from the vessel owner that they will enroll the crew member in a Bord Iascaigh Mhara (BIM) Safety Training Scheme prior to commencement of employment.
Any abuses or otherwise of the employment conditions of any non-EEA National in the Irish fishing industry is a matter for the Workplace Relations Commission, the Marine Survey Office, the Gardaí and other appropriate authorities of the State.
1213. Deputy Thomas Gould asked the Minister for Justice the number of community gardaí in Cork city by month in 2020 and to date in 2021. [14279/21]
View answerI can inform the Deputy that An Garda Síochána has been allocated an unprecedented budget of €1.952 billion for 2021. The significant level of funding provided over recent years is enabling sustained, ongoing recruitment of Garda members and staff. As a result, there are now approximately 14,600 Garda members and over 3,000 Garda staff nationwide.
The Deputy will be aware that the Garda Commissioner is responsible under the law for the management and administration of An Garda Síochána, including personnel matters and deployment of resources. As Minister, I have no role in such decisions. 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.
A detailed breakdown of the Garda workforce, including the national distribution of Community Gardaí, is available on my Department’s website, in the interests of transparency and for the convenience of Deputies and the wider public. This information is updated every month with the latest data provided by An Garda Síochána. The Information requested in relation to Community Garda may be accessed along with information about the wider Garda workforce at the following link:
http://www.justice.ie/en/JELR/Pages/Garda_Workforce
It is important to note that to date, the official categorisation as a Community Garda has simply referred to those exclusively assigned to building relationships with local communities and civil society including giving talks to schools, community groups and others. However, it is important to consider that community policing is at the heart of An Garda Síochána and all Gardaí have a role to play in community policing in carrying out their duties. Indeed, this is fundamental to the new Garda Operating Model recommended by the Commission on the Future of Policing in Ireland and currently being rolled out under 'A Policing Service for Our Future', the Government's implementation plan for the Commission's recommendations.
1215. Deputy Holly Cairns asked the Minister for Justice her views on providing travel expenses for jury service to ensure that those living in rural areas have equal access to serving on juries; and if she will make a statement on the matter. [14341/21]
View answer1216. Deputy Holly Cairns asked the Minister for Justice her views on allowing non-Irish citizens living in Ireland participate in jury service; and if she will make a statement on the matter. [14342/21]
View answerI propose to take Questions Nos. 1215 and 1216 together.
Jury service exists to protect an individual's rights and to involve the public in the administration of justice. Jury service is one of the most important civic duties that a person can be asked to perform. While there are no expenses paid to jurors who are called for jury duty, lunch and refreshments are provided for those who ultimately serve on a jury. Information for potential jurors on jury duty is posted with jury summonses and can also be found on the Courts Service website. This information includes an outline of the position regarding expenses and explains that employers must continue to pay an employee while engaged on jury duty. Self-employed persons can seek to be excused by the County Registrar.
My Department's Statement of Strategy has, as one of 5 priorities, the modernisation of the courts system. I would intend that, in due course, the overall operation of the jury system will be reviewed in that context, and any necessary reforms will be addressed in primary legislation, including as appropriate the specific points raised by the Deputy.
1217. Deputy Pa Daly asked the Minister for Justice when she plans to issue regulations giving effect to the provisions of section 12 of the Mediation Act 2017. [14365/21]
View answerSection 12 of the Mediation Act 2017, provides that, subject to certain conditions, the Minister for Justice may, by Order, declare that a specified body shall be recognised for the purposes of the Act as the Mediation Council of Ireland.
Under my Justice Plan 2021, it is the intention that the Order be made, with the continuing engagement of the mediation sector, by the end of Quarter 2 of this year so that the new Council will be established. This reform will support the ongoing development of the mediation profession as an accessible alternative to more costly and time-consuming legal proceedings with long-term benefits for both private citizens and enterprise.
Before such a body can be recognised it must first meet the minimum requirements set out in the Schedule to the Act. The Schedule sets out its functions which include the promotion of the mediation sector, the establishment of a register of mediators and the development of codes of practice for ministerial approval. It also provides that the Council will have eleven members five of whom will, in broad terms, be representative of the mediation sector and six of whom, including the Chair, will be appointed to represent the public interest whose selection criteria will be made public at the appropriate time. Again, under the 2017 Act, such an Order cannot be made unless the body concerned complies with the minimum requirements specified in the Schedule and is sufficiently representative of mediation interests involved in the mediation sector.
The Legal Aid Board has previously brought together an informal group of key stakeholders by way of developing proposals for the establishment of the Mediation Council under the relevant terms of the 2017 Act. Initial proposals made by the group have been under consideration by my Department. These remain the subject of ongoing development and discussion with the mediation sector and other stakeholders in preparation for the relevant Order being made. As required under the Act, I will be giving public notice of my intention to make the Order and making a draft of it available on my Department’s website while allowing 30 days for public submissions.
A draft of the proposed Order will be laid before both Houses of the Oireachtas for approval by resolution before the Order is finally made.
1218. Deputy Pa Daly asked the Minister for Justice if she will consider raising the current thresholds for legal aid. [14366/21]
View answer1254. Deputy Cian O'Callaghan asked the Minister for Justice further to Parliamentary Question No. 296 of 21 January 2021, the stage at which the comprehensive review of the current civil legal aid scheme by her Department is; and if she will make a statement on the matter. [14964/21]
View answerI propose to take Questions Nos. 1218 and 1254 together.
The Justice Plan 2021, which I published recently, contains a commitment to commence a review of the Civil Legal Aid Scheme this year. In this regard, my Department is currently in the process of scoping the review and it is expected that it will commence in the third quarter of the year. One of the areas which may be considered in the context of the proposed review is eligibility for civil legal aid.
Since the enactment of the Civil Legal Aid Act 1995 and the making of the Civil Legal Regulations 1996, the Regulations relating to financial eligibility have been substantially revised on three occasions. Applicants for Legal Aid must satisfy both financial eligibility criteria and a test of the merits of their case before they can qualify for legal advice and representation in accordance with the Civil Legal Aid Act 1995 and the associated Civil Legal Aid Regulations 1996-2017.
In recognition of the competing demands being made on the legal aid scheme, under Budget 2021, I secured an increased provision of over €2 million for the Legal Aid Board bringing its total funding to €44.6 million for this year representing a 6% increase.
1219. Deputy Pa Daly asked the Minister for Justice the average number of sitting days dedicated to family law by court circuit in tabular form. [14367/21]
View answerUnder the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in its functions. However, in order to be of assistance to the Deputy, I have had enquiries made regarding the average number of sitting days dedicated to family law by court circuit.
The Courts Service has informed me that they are compiling the requested data. However, it is not possible for them to provide it within the time available. I will forward the information to the Deputy directly as soon as it is received from the Court Service.
1220. Deputy Pa Daly asked the Minister for Justice if she will consider a White Paper policy response to implement the non-legislative aspects of the Oireachtas Joint Committee on Justice and Equality report on reform of the family law system. [14368/21]
View answerFamily law reform is a major element of my Justice Plan 2021. The Programme for Government contains a commitment to enact a Family Court Bill to create a new dedicated Family Court within the existing court structure and provide for court procedures that support a less adversarial resolution of disputes where this is possible and appropriate. In September 2020, the Government approved the drafting of a Family Court Bill along the lines of the General Scheme which I have published. In the preparation of the General Scheme, account has been taken of the Report of the Joint Oireachtas Committee on Justice and Equality on the Reform of the Family Law System, published in October 2019.
While there are currently no plans for a white paper, the Deputy will be aware that separately from the forthcoming legislation, and also in September 2020, the Family Justice Oversight Group was established by my Department. This group 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. The establishment of this group recognises the need to involve the key state bodies who will need to deliver this substantial reform at the earliest stage in the process. Membership of this group includes officials from my department as well as representatives from the Courts Service, the Legal Aid Board and officials from the Department of Children, Equality, Disability, Integration and Youth. In addition, the Chief Justice has nominated three members of the judiciary to the group representing the district, circuit and high courts - all of whom have extensive experience of dealing with family law cases - to contribute on the practical elements of implementing this change.
The overall aim is to change the culture so that the focus of the family justice system meets the complex needs of people who need help with family justice issues.
The Justice Plan 2021 also provides for the commencement of a review of the Civil Legal Aid Scheme this year. Review of the scheme was recommended by the Joint Oireachtas Committee on Justice and Equality in its report on the Reform of the Family Law System.
1221. Deputy Duncan Smith asked the Minister for Justice the status of an application for a permanent residence card by a person (details supplied). [14376/21]
View answerThe person referred to by the Deputy submitted an application for a Permanent Residence card to the EU Treaty Rights Unit of the Immigration Service of my Department on 6 February 2020.
Processing of this application is ongoing at present. As each application is examined under its own merits, I am unable to give an exact timeframe for its completion. However, there will be no avoidable delay in finalising the application and the person concerned will be contacted in writing as that time.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), 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.
1222. Deputy Catherine Connolly asked the Minister for Justice if the Policing Authority has issued guidelines to the Garda Commissioner regarding the supervision and control by the Commissioner of the monitoring of CCTV by authorised persons under section 38 (11) of the Garda Síochána Act 2005; and if so, if a copy of same will be provided. [14392/21]
View answerAs the Deputy may be aware, work is at an advanced stage in my Department on the preparation of a General Scheme of a Bill to provide statutory underpinning for Garda overt recording, which will include CCTV authorised in local communities by the Garda Commissioner. When enacted, this legislation will replace Section 38 of the Garda Síochána Act 2005, to which the Deputy has referred.
Once the General Scheme of the proposed new legislation on digital recordings has been published, a further review of the terms and conditions of the scheme will be carried out in the first half of 2021, to bring it into line with the proposals for this new legislation, and in keeping with the commitment in the new Programme for Government, Our Shared Future. Following completion of this review, appropriate guidance will issue to An Garda Síochána on the control and supervision of CCTV systems.
1223. Deputy Duncan Smith asked the Minister for Justice if procedures are in place to allow persons to continue to work on a stamp 4 visa that has expired; and if persons in this category will be issued with a temporary permission. [14400/21]
View answerTo ensure that people do not fall out of permission during the pandemic, six automatic extensions of immigration permissions have been provided, the most recent to 20 April 2021. The renewal of permission is on the same basis as the existing permission and the same conditions attach. In relation to persons with existing permission under Directive 2004/38/EC (Free Movement Directive), the automatic renewal is subject to the requirement that the person is complying with the requirements of the Directive.
Due to the public health restrictions currently in place under Level 5 of the Government's Framework for Restrictive Measures in Response to Covid-19, the Registration Office in Burgh Quay has been closed since 23 December 2020, until further notice.
All registration renewals in the Dublin area are being processed online only and the system has been available for all applicants since 20 July 2020 at https://inisonline.jahs.ie. Last December, the requirement to include a passport as part of an application was removed. This reduces the time taken to process the application and eliminates the associated cost of registered post when sending the passport as part of the application.
The online renewal system is available to people who:
- Are resident in Dublin City or Dublin County;
- Are currently in the State;
- Have previously registered with the Immigration Service;
- Are renewing one of the following stamps: Stamp 0, Stamp 1, Stamp 1A, Stamp1G, Stamp 2, Stamp 2A, Stamp 3, Stamp 4, or Stamp4EUFAM; and
- Have an IRP card that is expired or is due to expire within 29 days.
Further information on the operation of this service is available on our website at: http://www.inis.gov.ie/en/INIS/Pages/renew-registration
Renewals of registrations for persons residing outside of the Dublin area are processed by the Garda National Immigration Bureau through the Garda Station network. Information on the contact details for all the registration offices outside Dublin is available at: https://www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/news-media/reopening-of-registration-offices.html.
For people whose last permission expired before 20 March 2020, when the first automatic extension of permissions was announced, they are 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. They should also 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 Domestic Residence and Permissions Division - Unit 2, Immigration Service, 13/14 Burgh Quay, Dublin 2, D02 XK70.
Domestic Residence and Permissions, Unit 2, do not issue temporary permissions but
endeavour to make a decision on all applications as soon as possible. The onus is on the permission holder to renew his or her permission before it expires.
I would encourage any person who is resident in the State without permission to contact the Department or their local immigration office and to take all appropriate steps to regularise their position in the state.
1224. Deputy Joe Flaherty asked the Minister for Justice if a decision will issue on a leave to remain request in the case of a person (details supplied). [14403/21]
View answerThe person referred to by the Deputy received a final decision on their application on 28 October 2020 and was asked to consider the option of voluntary return, for which my Department would provide assistance. No Deportation Order has been made at this time, as my Department has suspended the issuing of Deportation Orders during the current Level 5 restrictions.
In circumstances where a Deportation Order is ultimately made, the person can make a request to have that Order revoked, if they can point to new information or materially changed circumstances which were not presented, nor were capable of being presented, when the decision to make the Deportation Order was taken. Any request made will be considered on its individual merits.
1225. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for residency status in the case of a person (details supplied); and if she will make a statement on the matter. [14411/21]
View answerThe person referred to by the Deputy is the subject of a Deportation Order, signed on 20 February 2019, requiring them to remove themselves from the State and to remain outside the State. The enforcement of the Deportation Order is a matter for the Garda National Immigration Bureau.
However, representations have since been received on behalf of the person concerned, requesting that the Deportation Order be revoked pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended). This request will be considered as soon as possible and the decision to either "affirm" or "revoke" the existing Deportation Order will be communicated to the person concerned in writing. There will be no avoidable delay in having their case brought to finality. In the meantime, the Deportation Order remains valid and in place.
Queries in relation to the status of individual cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), 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.
1226. Deputy Peadar Tóibín asked the Minister for Justice the details of the process through which her Department drafts and produces legislation; if her Department outsources the drafting of legislation; if so, the Bills for which the drafting was outsourced since she took office; and the costs associated with the drafting of each Bill. [14424/21]
View answerAs the Deputy will be aware, the need for legislation can arise through many avenues such as court judgments, EU instruments, expert reports or other new policy initiatives. Once such a need arises, and the Government approves, a General Scheme of a Bill is prepared by my Department.
The General Scheme sets out, in plain language, the provisions which are necessary to achieve the policy objectives of the Bill. This could be the creation of criminal offences or the establishment of a new Body for example. The Department engages with relevant stakeholders as the scheme is being developed to advise on practical matters and legal issues as appropriate.
Once the General Scheme drafted, it is submitted to Government for approval for formal drafting and it is published on my Department’s website. At this stage, it is sent to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny to be carried out if the Committee wishes to do so.
The General Scheme is also sent to the Office of Parliamentary Counsel in the Office of the Attorney General to be drafted in parliamentary language and formatted appropriately prior to being published as a Bill by the Bills Office. The length of time involved in drafting legislation can vary depending on the subject matter and complexities involved.
In relation to the Deputy's question regarding outsourcing the drafting of legislation, this is generally completed in-house by my officials in the Department. To meet additional legislative demands arising as a result of COVID-19, the Department engaged former civil servants with expertise in legislation to support the additional drafting requirements, at a cost of ca. €14,500 since I took office as Minister for Justice. They have supported the Criminal Justice and Civil Legislation teams on various pieces of drafting as required.
1227. Deputy Jim O'Callaghan asked the Minister for Justice if an updated certificate of a peace commissionership will be provided to a person (details supplied). [14432/21]
View answerI can inform the Deputy that the person concerned was forwarded his warrant of appointment as a Peace Commissioner on Friday 12 March 2021.
