Written Answers Nos. 1478-1496
1478. Deputy Sean Sherlock asked the Minister for Justice her plans to amend the Irish Nationality and Citizenship Act 1956 to alter the requirement for a person to register on the foreign births register before the next generation’s birth in order to avail of Irish citizenship; and if she will make a statement on the matter. [20189/21]
View answerEntitlement to Irish citizenship is determined by the Irish Nationality and Citizenship Act 1956 as amended, under which Irish citizenship may be obtained by birth, by descent, or by naturalisation.
The requirements for foreign births registration are set out in section 27 of the Act, and are administered by the Department of Foreign Affairs. That Department manages the application process for those applications. Further details are available on their website at: www.dfa.ie .
However, any changes or amendments to the 1956 Act are a matter for my Department. While all legislation is kept under review, I can inform the Deputy that currently there are no plans to amend the applicable rules regarding the registration of foreign births.
1479. Deputy Sean Sherlock asked the Minister for Justice the average waiting time for citizenship applications in each of the years 2016 to 2020 and to date in 2021, in tabular form. [20190/21]
View answer1480. Deputy Sean Sherlock asked the Minister for Justice the number of applications for Irish citizenship that were received in each of the years 2016 to 2020 and to date in 2021, in tabular form. [20191/21]
View answer1481. Deputy Sean Sherlock asked the Minister for Justice the number of Irish citizenship applicants who are currently waiting longer than 12 months for a decision on their application. [20192/21]
View answerI propose to take Questions Nos. 1479, 1480 and 1481 together.
The processing of citizenship applications has had a number of challenges over the past two years. A legal challenge was taken in the High Court by an applicant who was refused a certificate of naturalisation due to his absences from the State during the last year continuous prior to the date of his application. The outcome of this ruling – which was subsequently successfully appealed to the Court of Appeal – resulted in significant delays to the processing of citizenship applications in 2019. This has been compounded by COVID-19 restrictions from March 2020, which has resulted in further significant challenges to the delivery of normal services.
Additionally, for a broad range of reasons, some cases will take longer than others to process. Processing timescales can be impacted by incomplete applications having to be returned; further documentation being required from the applicant; where the payment of the required certificate fee is awaited; or if the applicant has not been engaging with the Immigration Service of my department.
In some instances, the input of several public agencies, both within and outside the jurisdiction is needed and the request and receipt of information from these sources can result in delays in processing some applications. Issues can also arise at the final stage of the naturalisation process, for example, where additional information comes to light which is required to be considered before a final decision is taken.
The average processing time for applications and the number of applications on hand are set out in the tables below.
|
Year |
Applications Received |
Average processing time (months) for decisions reached in Calendar Year |
|
2016 |
13,018 |
5.8 |
|
2017 |
11,777 |
7.4 |
|
2018 |
12,867 |
10.4 |
|
2019 |
12,281 |
11.6 |
|
2020 |
10,138 |
13.5 |
|
2021 |
1,689 |
25 |
|
Number of Months application on Hand |
Number of Applications |
|
0 - 6 months |
4983 |
|
6 - 12 months |
3616 |
|
12 months + |
16,117 |
I am conscious that a significant backlog has built up regarding the granting of citizenships due to the inability to hold in person ceremonies during Covid-19. On 18 January 2021, I was pleased to announce a temporary system that enables citizenship applicants to complete their naturalisation process by signing a statutory declaration of loyalty.
My Department achieved the target of communicating with 4,000 people by the end of March 2021. Around 1,200 people have received their Irish citizenship in the 10 weeks since I opened the temporary statutory declaration process. A further 1,159 people have returned their signed statutory declarations and the Immigration Service will be sending them their certificates of naturalisation in the coming weeks.
It has also been decided to extend the statutory declaration process to a further 2,500 people and by the end of June, it is expected that 6,500 people will have been given the opportunity to complete their Irish citizenship.
It remains my intention that large scale ceremonies will recommence once circumstances allow. In-person ceremonies have been provisionally scheduled to resume in December 2021, subject to the safety of all involved being assured.
Plans for the digitalisation of the naturalisation process are well advanced, in line with my recent announcement to significantly modernise the Justice Sector through increased digital and ICT investment.
The end result of the digitisation process will be to free up additional resources to focus on enhanced customer service delivery, ensuring the integrity of the process is protected and processing applications in a timely and efficient manner.
1482. Deputy Sean Sherlock asked the Minister for Justice the number of migrants in Dublin who have been enabled to register their immigration status in each month since January 2020, in tabular form; and if she will make a statement on the matter. [20193/21]
View answer1442. Deputy Pa Daly asked the Minister for Justice the number of migrant status registrations that have been completed in each of the years 2015 to 2020 and to date in 2021, by GNIB office and online in tabular form. [19681/21]
View answerI propose to take Questions Nos. 1482 and 1442 together.
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.
To ensure that people do not fall out of permission during the Covid-19 pandemic, seven automatic extensions of immigration permissions have been provided, the most recent to 20 September 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.
All registration renewals in the Dublin area are now being processed online only and the system has been available for all applicants since 20 July 2020 at https://inisonline.jahs.ie .The tables below set out the number of registrations completed in the Dublin Area in 2020 and up to 19 April in 2021.
Registrations completed between January and December 2020
|
Month |
Number of Registrations |
|
January |
8048 |
|
February |
9575 |
|
March |
6305 |
|
April |
17 |
|
May |
1 |
|
June |
138 |
|
July |
3149 |
|
August |
5147 |
|
September |
10360 |
|
October |
14152 |
|
November |
14585 |
|
December |
5218 |
* 2020 figures are a combination of first time registrations, and online renewals which commenced for all non EEA nationals, residing in the Dublin area on the 20 July 2020.
Registrations completed between January and 19 April 2021
|
Month |
Number of Registrations |
|
January |
4445 |
|
February |
9092 |
|
March |
7179 |
|
up to 19 April |
2348 |
* 2021 figures relate to online renewals only.
Registrations outside of the Dublin area are processed by the Garda National Immigration Bureau (GNIB) 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 . I am advised by GNIB that it is not possible in the time available to provide the details requested by the Deputy on registrations completed by GNIB and that efforts to gather this data will require the expenditure of a disproportionate and inordinate amount of the Garda resources and time.
1483. Deputy Neasa Hourigan asked the Minister for Justice if private security staff carrying out an eviction of a tenant from their property should be registered with the Private Security Authority; and if she will make a statement on the matter. [20227/21]
View answerI am pleased to inform the Deputy that I have just published the Private Security Services (Amendment) Bill 2021, following approval by Government. This legislation will allow the Government to bring the regulation and licensing of security personnel assisting those enforcing court orders for evictions and repossessions within the remit of the Private Security Authority(PSA).
The Bill reflects the recommendations of the Working Group established to examine the steps necessary to bring such personnel within the remit of the PSA. The main provision of the Bill is the insertion of an additional category and a definition of ‘enforcement guard’ in the list of security services covered by the Private Security Services Act 2004. This will require enforcement guards to obtain a licence to operate and ensure that they are subject to the training standards and licensing regime operated by the PSA.
1484. Deputy David Cullinane asked the Minister for Justice if she will advise on a matter raised in correspondence (details supplied) regarding recognition of foreign divorce; and if she will make a statement on the matter. [20268/21]
View answerThe Domicile and Recognition of Foreign Divorces Act 1986 governs the recognition of foreign divorces granted on or after the coming into operation of the Act on 2 October 1986. Section 5 of the 1986 Act provides that a foreign divorce may only be recognised in Ireland if it was granted in the country where either spouse was domiciled on the date the divorce proceedings were instituted. The determination of “domicile” includes an assessment of the intention of the person to remain indefinitely in the foreign jurisdiction. Recognition of foreign divorces granted prior to the coming into operation of the 1986 Act is governed by common law domicile rules which are now consistent with those in the 1986 Act.
Where there is an issue as to whether a foreign divorce is entitled to recognition, section 29 of the Family Law Act 1995 allows a person to apply to court for a declaration as to marital status, including a declaration as to whether a foreign divorce is entitled to recognition in the State.
The Thirty-Eighth Amendment of the Constitution (Dissolution of Marriage) Act 2019 was signed into law on 11 June 2019 following its approval by the people in a referendum on 24 May 2019.
That Act deleted the following subsection from Article 41.3 of the Constitution:
“3° No person whose marriage has been dissolved under the civil law of any other State but is a subsisting valid marriage under the law for the time being in force within the jurisdiction of the Government and Parliament established by this Constitution shall be capable of contracting a valid marriage within that jurisdiction during the lifetime of the other party to the marriage so dissolved.”,
and substituted that subsection with the following:
“3° Provision may be made by law for the recognition under the law of the State of a dissolution of marriage granted under the civil law of another state.”
The amendment will allow a change in the law to introduce greater consistency in the recognition of foreign divorces. The current law on recognition of foreign divorces has remained as it is was before the Thirty-eighth Amendment of the Constitution because the Law Reform Commission, as part of its Fifth Programme of Law Reform, is examining the recognition of foreign divorces. When the expert report of the Law Reform Commission is completed, it will provide valuable guidance for the development of proposals for legislation on the recognition of foreign divorces.
Part 3 of the Family Law Act 2019, which related only to the recognition of divorces granted in the United Kingdom or Gibraltar, was not commenced and was repealed by section 4 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020. Part 19 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 makes provision for the recognition in Ireland of divorces granted in the United Kingdom or Gibraltar and has been in operation since 11.00 p.m. on 31 December 2020.
1485. Deputy Catherine Connolly asked the Minister for Justice her plans to ratify the International Convention for the Protection of All Persons from Enforced Disappearance; and if she will make a statement on the matter. [20324/21]
View answerIreland intends to ratify the International Convention for the Protection of All Persons from Enforced Disappearance (ICED) as soon as practicable. As the Deputy will appreciate, it is likely that legislation will be required to fully ratify the Convention.
In the meantime, there are a number of measures in place which protect persons against unlawful detention. These include:
Article 40.4.1 of the Constitution which provides that no citizen shall be deprived of their liberty save in accordance with law; and
Section 15 of the Non Fatal Offences Against the Person Act 1997 which provides for an offence of false imprisonment, addressing circumstances where a person is taken or detained, or whose personal liberty is restricted by another person without the consent of the person involved. A person guilty of false imprisonment is liable, on conviction on indictment, to imprisonment for up to life. Consent is deemed to be absent where the person responsible obtains the other's consent by force or threat of force, or by deception causing the other to believe that he or she is under legal compulsion to consent.
1486. Deputy Niamh Smyth asked the Minister for Justice if a citizenship application by persons (details supplied) will be expedited; and if she will make a statement on the matter. [20372/21]
View answerApplications for a certificate of naturalisation were received from the persons referred to by the Deputy on 28 March 2019. These applications are currently being processed with a view to establishing whether the applicants meet the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.
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.
1487. Deputy Colm Burke asked the Minister for Justice if some or all aspects of an initial proposal (details supplied) sent to her Department in 2018 are being considered for implementation to aid the modernisation of practices regarding the way unidentified remains are being dealt with in Ireland; and if she will make a statement on the matter. [20423/21]
View answer1488. Deputy Colm Burke asked the Minister for Justice if a role and unit (details supplied) will be established for the centralising of information relating to unidentified remains; and if she will make a statement on the matter. [20424/21]
View answer1489. Deputy Colm Burke asked the Minister for Justice the timeframe for implementing a new development (details supplied); and if she will make a statement on the matter. [20425/21]
View answerI propose to take Questions Nos. 1487, 1488 and 1489 together.
I can inform the Deputy that significant progress has been made in recent years with the development of the National DNA Database to assist in the identification of human remains. The Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 commenced on 20 November 2015, provided for the establishment of a DNA Database System for use by An Garda Síochána. The DNA database system, administered by Forensic Science Ireland, has two key functions:
1. To match the DNA profile from an individual to an unidentified crime scene profile and/or match the crime scene profiles across different crime scenes; and
2. To assist with identifying missing and unknown persons.
Different sections of the database hold samples from crime scenes; DNA profiles from suspects / offenders for matching against crime scenes; elimination samples from members of An Garda Síochána, Crime Scene Investigators etc., left inadvertently at crime scenes; and samples to identify missing persons and DNA profiles of persons whose identity is not known.
The missing and unknown persons section of the database hold the DNA profiles developed from biological samples relating to missing persons, such as from their clothing or other belongings. It also holds profiles from their close blood relatives (where their consent is forthcoming), who will have similar DNA. Profiles of persons who are unable to identify themselves due to illness or injury can also be entered on the DNA database, as can profiles from bodies of unidentified deceased persons.
The database can link missing persons or persons who are unable to identify themselves to their close family relatives through DNA matching. It is also able to match missing people (sometimes via their relatives) to unidentified bodies, helping to bring some element of closure for families searching for their loved ones. The database can also serve to eliminate a missing person if an unidentified body is found matching their description, assisting the Gardaí with their investigations.
The Act also provides for the exchange of DNA profiles of missing or unknown persons with law enforcement authorities in other jurisdictions. The database therefore facilitates searches for missing or unknown persons abroad as well as in Ireland.
Forensic Science Ireland and An Garda Síochána have worked in partnership over the past number of years to deliver a DNA testing facility for families of missing persons at the national Missing Persons Day ceremony. This partnership has served to enhance the ceremony from that of a largely commemorative event to one which has contributed to raising awareness of the significant contribution made by DNA testing to the conclusion of a considerable number of missing persons cases over recent years.
This issue of unidentified remains has also been a focus of attention across the wider Justice sector. Work was carried out by An Garda Síochána in 2019 to record unidentified remains that may be located with individual Coroners across the country and plans to update and take forward that work are being progressed.
1490. 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); and if she will make a statement on the matter. [20426/21]
View answerAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 4 March 2016. 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.
1491. Deputy Pádraig O'Sullivan asked the Minister for Justice the number of on-the-spot fines issued by An Garda Síochána to persons that committed an offence under section 10 of the Control of Horses Act 1996 in each of the years 2018 to 2020, in tabular form; and if she will make a statement on the matter. [20448/21]
View answerI have requested the information sought by the Deputy from An Garda Síochána, but I have not received this information in time. I will write to the Deputy as soon as the information is to hand.
1493. Deputy Duncan Smith asked the Minister for Justice the reason Ireland has failed to provide information regarding Procedural Time Limits on Civil and Commercial Matters to the European Judicial Network; and if she will make a statement on the matter. [20501/21]
View answerThe European e:Justice Portal is maintained by the European Commission. As well as information on EU law, the Portal contains information on the national law of the Member States of the European Union. Information is provided by the Member States concerned and is set out in factsheets on the Portal.
Membership and responsibility of the European Judicial Network (EJN) is spread across my department and the Courts Service. The Courts Service is the Contact Point for the purposes of the EJN and as such has primary responsibility for it. The factsheet for Ireland will be updated by the Courts Service and subsequently uploaded by my department.
The Irish procedural time-limits factsheet to which the Deputy refers sets out the procedural time limits which are prescribed by national law and which apply where the relevant national law applies. There is, of course, separate EU law in this area which applies in respect of EU legislation and which is not coved by the factsheet.
The factsheet was removed from the Portal for updating on foot of changes to the relevant legislation. The factsheet will be available once the necessary procedures for its validation have been completed between Ireland and the European Commission.
1494. Deputy Bernard J. Durkan asked the Minister for Justice the current residency status in the case of a person (details supplied); and if she will make a statement on the matter. [20572/21]
View answerThe person referred to by the Deputy has a current permission to remain in the State, on stamp 4 conditions, up to 20 September 2021. Their permission was extended from its original expiry date of 8 April 2021, by the most recent temporary extension of immigration and international protection permissions that I announced on 26 March last.
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.
1495. Deputy Bernard J. Durkan asked the Minister for Justice when a visa application will be approved in the case of a person (details supplied); and if she will make a statement on the matter. [20581/21]
View answerThe visa application for the person referred to by the Deputy was created online on 21 September 2020, and processing of this application is ongoing at present. However, a decision on this application will not issue until the current travel restrictions on international travel have been lifted.
In response to the Covid-19 pandemic a decision to temporarily cease accepting new visa/preclearance applications, with the exception of Priority or Emergency applications, applies to all countries and has been in place since 29 January 2021. Applications that were received prior that date, will continue to be processed. However, unless the application meets the Emergency or Priority criteria, a visa or preclearance approval letter will not issue until such time as these restrictions have been lifted.
These measures are designed to support our current public health restrictions on movement, including into and out of Ireland. The increased travel restrictions, along with the mandatory hotel quarantine measures introduced as part of the Government’s efforts to interrupt the transmission of COVID-19, means that travel may not be possible and even if possible is not advisable unless absolutely essential.
The framework for these restrictive measures is set out in the Government’s Resilience and Recovery: Plan for Living with COVID 19. These measures have now been extended to at least 5 May 2021.
When making such decisions, the Government considers the expert public health advices of NPHET to tackle the disease. The situation will continue to be reviewed in consultation with the relevant authorities in the coming weeks.
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.
