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Wednesday, 21 Apr 2021

Written Answers Nos. 1440-1458

Citizenship Applications

Questions (1440)

Robert Troy

Question:

1440. Deputy Robert Troy asked the Minister for Justice if special consideration will be given to applications for citizenship of UK citizens in the wake of Brexit; and if applicants that have been resident here for a substantial amount of time have their applications fast-tracked and pay a reduced fee in view of the special and distinct relationship between both countries. [19610/21]

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Written answers

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.

There are no provisions in the Act or the accompanying Regulations to apply different criteria depending on the nationality of the applicant. All applicants are required to meet minimum periods of reckonable residence and standard checks are carried out as part of the overall process to maintain its integrity. Also there are no provisions for the discretionary waiver or reduction of fees, or for differing fees to apply to different nationalities or classes of applicant.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended and pay the appropriate fees.

Work Permits

Questions (1441)

Paul Kehoe

Question:

1441. Deputy Paul Kehoe asked the Minister for Justice the process in place for changing an employer on an atypical employment visa (details supplied); and if she will make a statement on the matter. [19624/21]

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Written answers

A response to the email referred to by the Deputy issued within 5 working days of its receipt. Appropriate authorisation, in line with GDPR requirements, as well as further information regarding the specifics of this case were requested so that further information and advice could be provided to the person concerned. To date, the required authorisation and requested information has not been provided.

Any correspondence received in response to the request for further information will be processed without delay and in line with the customer service charter of my department.

The Atypical Working Scheme (AWS), administered by my department, grants permission for a nurse who has qualified to work in that role in another jurisdiction to enter the State for the purposes of testing or training with a view to having that external qualification recognised by the Nursing and Midwifery Board of Ireland (NMBI).

The permission granted under the AWS Scheme does not, in itself, grant any permission to work in the State in any capacity outside that specifically required by the NMBI to ensure that a nursing candidate is suitably qualified to be registered with them.

On successful completion of the adaptation programme the nurse is eligible to apply to the Department of Enterprise, Trade and Employment for an Employment Permit on the basis of a contract of employment with a minimum duration of 24 months with an employer that is licensed and registered in line with the wider requirements of national law in this regard.

The terms of the Scheme also include the stipulation that any Employment Permit subsequently granted to a nurse is only in respect of employment by the Irish-based employer for the specific location included on the relevant atypical application form and on the permission letter issued on that basis. These terms further stipulate that an applicant is not permitted to change their employer or location of employment mid-contract and that this may be varied only in the most exceptional of circumstances.

The terms of this Scheme have been developed by agreement between my department, the Department of Health, the Department of Enterprise, Trade and Employment (with whom primary responsibility for the contract of employment for these candidates rests), the Health Services Executive, and is not subject to unilateral amendment by any individual party to that agreement.

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 from my Department is, in the Deputy’s view, inadequate or too long awaited.

Question No. 1442 answered with Question No. 1482.

Departmental Reviews

Questions (1443)

Mary Lou McDonald

Question:

1443. Deputy Mary Lou McDonald asked the Minister for Justice further to Parliamentary Question No. 670 of 3 March 2021, the date on which she expects to receive the independent study into familicide and domestic homicide reviews commissioned in May 2019. [19702/21]

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Written answers

The Justice Plan 2021, our plan to build a justice system that works for everyone, commits to publishing the independent research study on Familicide and Domestic Homicide Reviews and to outlining the next steps.

Ms Maura Butler, who is a solicitor and has been a member of the Study’s Advisory Group since its establishment, is leading the work to complete this study. I would emphasise the importance of recognising that the Advisory Group and their work is independent, and my Department is not involved in the work of the study nor is it a member of the Advisory Group.

I understand from the Study Lead, that the focus now is on the fair procedures part of the process and that this involves allowing any persons or organisations who might be affected by the contents of the draft report (including the families concerned) to be given an opportunity to reply. Invariably, this part of the process can take time as it involves engaging with multiple parties. However, it is an essential part of the process and must be completed before the report can be finalised. The Study Lead is working extremely hard to complete the process in order to be able to proceed to finalising the report.

I am committed to publishing the report and considering the recommendations it makes as a priority.

Garda National Immigration Bureau

Questions (1444)

Catherine Connolly

Question:

1444. Deputy Catherine Connolly asked the Minister for Justice the details of the guidance provided to local Garda National Immigration Bureau stations with regard to the renewal and registration of permissions in respect of clients that are in possession of a letter from immigration service delivery stating that they may register without the requirement of a passport; and if she will make a statement on the matter. [19704/21]

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Written answers

From 2 December 2020, it is no longer necessary to provide a passport when renewing a registration although it is still a requirement for first time registrations.

Any guidance, interpretation or changes to immigration policy or registration processes that impacts on the day to day registration of applicants is provided in writing to the Chief Superintendent of the Garda National Immigration Bureau (GNIB) by the Immigration Service of my Department to ensure a consistency of approach.

The renewal and registration of permissions at local GNIB stations are processed through the Garda Station network and any guidance provided to these stations is an operational matter for An Garda Síochána.

The Registration Office in Burgh Quay is responsible for the registration requirements of non EEA nationals resident in the Dublin area only.

Garda National Immigration Bureau

Questions (1445)

Catherine Connolly

Question:

1445. Deputy Catherine Connolly asked the Minister for Justice the details of ongoing training provided to local Garda National Immigration Bureau officers in relation to changes in immigration law and immigration policy; the details of the body or organisation providing the training; and if she will make a statement on the matter. [19705/21]

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Written answers

As the Deputy will appreciate, the training provided to local Garda National Immigration Bureau officers in relation to changes in immigration law and policy is an operational matter for the Commissioner of An Garda Síochána. I have sought the information requested from the Garda authorities and will reply to the Deputy directly once I have received it.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 1445 which was for answer on 21 April 2021 where you asked for the details of ongoing training provided to local Garda National Immigration Bureau officers in relation to changes in immigration law and immigration policy; and the details of the body or organisation providing the training.
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 became available.
As you are aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and the administration of An Garda Síochána. This includes responsibilities regarding recruitment and training of members, and as Minister I have no responsibility in these matters.
I am informed by Garda authorities that the Garda National Immigration Bureau (GNIB), in conjunction with the Crime and Operational Training Faculty in the Garda College, have developed a two-week accredited training course for Immigration Officers throughout the organisation including Immigration Officers based at ports and airports. The objective of this training is to support and develop the participant’s expertise in executing their duties as Immigration Officers, and enhance their knowledge of current legislation, procedures and trends pertinent to the area of Immigration. At present, the next date for conducting this training course has not been decided because of the COVID-19 pandemic.
I am informed that in 2019, GNIB launched a dedicated site on the Garda Síochána Portal providing access, guidance and updates on immigration legislation and procedures, thereby providing all Garda personnel access to develop their knowledge of immigration related legislation, policies and procedures. I am further informed that during the current COVID-19 pandemic, the Legal Section, Garda Headquarters, provides guidance on particular areas of relevant legislation, which is circulated and accessible to all members of the Garda Síochána, which includes appointed Immigration Officers.
You may also wish to note that the members of staff of the Department of Justice serving in the Border Management Unit at Dublin Airport receive in-house training which is provided by experienced Immigration Service and BMU colleagues.
I trust this information is of assistance.

Deportation Orders

Questions (1446)

Bernard Durkan

Question:

1446. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of a case pursuant to section 3 of the Immigration Act 1999 (as amended) in the case of a person (details supplied); and if she will make a statement on the matter. [19733/21]

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Written answers

In response to separate notifications pursuant to the provisions of section 3 of the Immigration Act 1999 (as amended), the persons concerned have submitted written representations to the Immigration Service of my Department.

These representations, together with all other information and documentation on file, will be fully considered, under section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of final decisions being made. It is not possible to provide a specific indication as to when the cases will be finalised due to the volume of cases currently on hand.

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.

Citizenship Applications

Questions (1447)

Bernard Durkan

Question:

1447. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for citizenship in the case of a person (details supplied); when a decision is likely to issue; and if she will make a statement on the matter. [19737/21]

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Written answers

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 11 September 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.

Questions Nos. 1448 to 1450, inclusive, answered with Question No. 1359.
Question No. 1451 answered with Question No. 1435.

Appointments to State Boards

Questions (1452, 1454, 1498)

Michael Ring

Question:

1452. Deputy Michael Ring asked the Minister for Justice if all vacancies (details supplied) are advertised; and if she will make a statement on the matter. [19819/21]

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Michael Ring

Question:

1454. Deputy Michael Ring asked the Minister for Justice if any person can apply for a position (details supplied); and if she will make a statement on the matter. [19874/21]

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John McGuinness

Question:

1498. Deputy John McGuinness asked the Minister for Justice the efforts her Department is making to achieve gender balance on all State boards and agencies under the remit of her Department; if she will set out the changes achieved to date on each; if 50% of the membership of all boards, policy groups or agencies that provide advice to Government on matters of policy will be reserved for appropriately qualified individuals from the private sector in order to achieve a balance between the public and private sectors; and if she will make a statement on the matter. [20730/21]

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Written answers

I propose to take Questions Nos. 1452, 1454 and 1498 together.

As the Deputy will appreciate, selection processes for appointments to State Boards are undertaken by the Public Appointments Service. The Deputy will be aware that the State Boards process is designed to enable any person to apply for a position on a State Board.

I can confirm that my Department regularly advertises positions for appointment to State Boards on the Public Appointments Service website www.stateboards.ie. The website is the channel used by the Public Appointments Service to both inform the public of vacancies on State Boards and to collate expressions of interest in those roles. I understand it is possible for anyone who may be interested in being appointed to register for notifications of vacancies. Further information is available on its website.

In making appointments to State boards/bodies, my Department and agencies under the remit of my Department, ensures compliance with the Department of Public Expenditure and Reform’s Code of Practice for the Governance of State Bodies (2016), and pays particular attention to its recent Annex on Gender Balance, Diversity and Inclusion (2020), in addition to the Guidelines on Appointments to State Boards (2015).

It is worth noting that many of the bodies in the justice sector were established on foot of primary legislation; where such legislation provides specific gender balance requirements, my Department ensures compliance. A number of boards have ex officio positions which may require to be held by particular office holders.

The gender breakdown for each of the State boards/bodies under my Department's remit is set out in the attached table.

State boards

The following revised reply was received on 22 June 2021

Regrettably, we are now aware that there was an error in the answer regarding the current number of members on the Property Services Regulatory Authority. The correct answer is as follows: There are 7 current members: 5 women and 2 men with 4 vacancies.

Departmental Investigations

Questions (1453)

Pauline Tully

Question:

1453. Deputy Pauline Tully asked the Minister for Justice if she will ensure further investigations are carried out into the Belturbet, Clones and Pettigo bombings of December 1972 following the unearthing of new information from Ministry of Defence documents regarding these bombings by a person (details supplied) that the RUC failed to provide intelligence to An Garda Síochána of a car stolen from Enniskillen, County Fermanagh and the identity of the loyalist paramilitary who was in possession of the car; and if she will make a statement on the matter. [19829/21]

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Written answers

On 28 December 1972, bombs exploded in three border towns, Clones, Co. Monaghan, Belturbet, Co. Cavan and Pettigo, Co. Donegal. The perpetrators of these bombings demonstrated a callous disregard for human life. Many people were injured and the bomb in Belturbet took the lives of two innocent young people.

The bombings were fully investigated by An Garda Síochána at the time with technical assistance from the Defence Forces and the close cooperation of the authorities in Northern Ireland.

It remains a source of great regret that in spite of a comprehensive investigation, it was not possible for those responsible to be prosecuted for their crimes. The bombings continue to inflict an intolerable suffering on the families of those who died and those who were injured.

I am aware of the work of the academic referred to by the Deputy, and have previously forwarded his research to An Garda Síochána with regard to the Belturbet bombing. I will also arrange to have the new information referenced by the Deputy forwarded to An Garda Síochána for their attention.

I would ask that anyone with any information in relation to these heinous acts should bring it to the attention of the Garda Authorities.

Question No. 1454 answered with Question No. 1452.
Question No. 1455 answered with Question No. 1439.

Court Procedures

Questions (1456)

Jim O'Callaghan

Question:

1456. Deputy Jim O'Callaghan asked the Minister for Justice if case progression hearings in relation to case progression cases in which summons for case progression issued after 22 March 2020 have taken place in the Dublin Circuit Court [20028/21]

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Written answers

Under 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 court hearings.

The Courts Service has informed me that they are compiling the requested data. However, it is not possible for the Courts Service to compile the information within the time available. I will forward the information to the Deputy directly as soon as it is received from the Courts Service.

Family Law Cases

Questions (1457)

Jim O'Callaghan

Question:

1457. Deputy Jim O'Callaghan asked the Minister for Justice the current backlog of family law cases awaiting their first case progression hearing in the Dublin Circuit Court; and the way this compares with the other circuits in Ireland. [20029/21]

View answer

Written answers

Under 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 court hearings.

The Courts Service has informed me that they are compiling the requested data. However, it is not possible for the Courts Service to compile the information within the time available. I will forward the information to the Deputy directly as soon as it is received from the Courts Service.

Court Procedures

Questions (1458)

Jim O'Callaghan

Question:

1458. Deputy Jim O'Callaghan asked the Minister for Justice if dates are being given out by the Dublin Circuit Court currently for notices of motion in default of defence or appearance or for other motions; and the way this compares to other circuits in Ireland. [20030/21]

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Written answers

Under 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 court hearings.

The Courts Service has informed me that they are compiling the requested data. However, it is not possible for the Courts Service to compile the information within the time available. I will forward the information to the Deputy directly as soon as it is received from the Courts Service.

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