Written Answers Nos. 456-475
456. Deputy Peadar Tóibín asked the Minister for Further and Higher Education, Research, Innovation and Science the amount in legal fees incurred by his Department in 2020 and in each of the years 2000 to 2020. [23581/21]
View answerThe information requested by the Deputy, since the formation of my department, is not all readily available and is being collated by officials in my Department. A response will be forwarded to the Deputy as soon as it is available.
457. Deputy Brendan Griffin asked the Minister for Justice the details of schemes that provide citizenship in return for significant investment in the State; if the schemes apply to community investment; and if she will make a statement on the matter. [23298/21]
View answerAt the outset, I want to be absolutely clear that the State does not operate any citizenship by investment scheme.
However, I understand that the Deputy is referring to the Immigrant Investor Programme (IIP). An investment under the IIP does not confer any preferential entitlement to citizenship or an Irish passport.
Successful applicants under the IIP and their nominated family members may be granted a residence permission in Ireland under Stamp 4 conditions. Stamp 4 conditions permit non-EEA nationals to work, study or start their own businesses in Ireland. Any successful IIP applicant wishing to attain citizenship by naturalisation would have to submit an application that meets the criteria as provided for in the Irish Nationality and Citizenship Act 1956 as amended.
The IIP was introduced in April 2012 to encourage inward investment so as to create business and employment opportunities in the State. There are currently four options for investing, one of which is the endowment of €500,000 (or €400,000 where a group of 5 or more combine to make a large endowment) towards a project of public benefit in the arts, sports, health, cultural or educational field. A number of such community projects have been approved for IIP investment under the scheme to date.
Projects seeking funding under the IIP are assessed by an Independent Evaluation Committee, comprised of senior civil and public servants from relevant Government Departments and State Agencies involved in enterprise development in Ireland. The Evaluation Committee convenes at least four times a year to assess projects submitted for consideration under the Programme.
The Evaluation Committee makes a determination as to whether a project is suitable for IIP investment and if deemed suitable, the application will be submitted to me for final approval.
Any endowment proposed should be regarded as a philanthropic contribution with a clear public benefit and investors will receive no financial return or recoupment of the principal sum invested. Any successful endowment project must provide a benefit to the public that is enduring and not one that is no longer sustainable once the endowment funding ceases. In addition, the IIP is focused on supporting projects that are investment ready. A criteria for establishing same is that planning permission, where required, has been granted.
458. Deputy Brendan Howlin asked the Minister for Justice the status of the application for naturalisation in respect of a person (details supplied); and if she will make a statement on the matter. [22592/21]
View answerAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 23 September 2020. 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.
459. Deputy Thomas Gould asked the Minister for Justice the timeline for the sale of alcohol Bill; and if this Bill will include provisions for drink deliveries similar to those included in 2005. [22660/21]
View answerThe Justice Plan 2021, published on 22 February, commits to reviewing and modernising alcohol licensing.
My Department is actively engaged with the Night-Time Economy Taskforce looking at innovative approaches to support and develop a vibrant, diverse night-time culture and economy in Ireland. The work of the Taskforce is ongoing and has included wide stakeholder engagement. A key challenge identified by stakeholders is the outdated alcohol licensing legislation and this will be reflected in the report of the Taskforce. We are working with Minister Catherine Martin and the Taskforce to ensure we can deliver on work of the Taskforce and its recommendations without delay and that is why we set out commitments in the Justice Plan 2021 on this major legislative reform in line with our Programme for Government commitments. It is my firm intention that this reform will be developed with a supportive approach to businesses and the interests of public health, consumers and communities will be central to implementation.
It is my intention to bring forward legislation that will contain proposals to update the law relating to the sale, supply and consumption of alcohol in licensed premises and registered clubs, by replacing both the Licensing Acts 1833 to 2018 and the Registration of Clubs Acts 1904 to 2008 with streamlined provisions more suited to modern conditions.
While the work of the Night Time Economy Taskforce is well-advanced, work on the consolidation and reform of the licensing laws more generally is at an early stage of development. I can assure the Deputy that it is my intention to engage constructively with stakeholders as that work progresses.
In terms of assessing whether a review of legislation is required in relation to the delivery of alcohol, it is essential that there is a clear understanding of what the current regulations are under existing legislation.
While there is no dedicated licence for online sales of intoxicating liquor, licensees of licensed premises may engage in online sales subject to certain restrictive conditions. Under existing legislation where alcohol is purchased online, the same restrictions on the sale and supply of intoxicating liquor apply, including the restrictions in relation to hours of trading and the provisions in relation to the sale and supply of intoxicating liquor to young persons.
There is substantial existing legislation to regulate the delivery of alcohol services in Ireland.
However, I do appreciate that, with the Covid-19 outbreak, habits of consumers have been affected and the share of purchases online has increased substantially. These changes may be temporary or they may be the beginning of longer term trends that require further regulation. It is in that context and in light of the planned updating of the alcohol licensing legislation we are considering appropriate regulation of this service.
460. Deputy Brendan Howlin asked the Minister for Justice the progress made by the Working Group on Jury Service; when this work is expected to be completed; and if she will make a statement on the matter. [22668/21]
View answerUnfortunately, it is not possible to provide the information requested by the Deputy in the time available. I will write to the Deputy directly with a response as soon as it is available.
461. Deputy Thomas Pringle asked the Minister for Justice the current turnaround time on applications for Irish citizenship via naturalisation through marriage to an Irish citizen from the time of application to citizenship being granted or denied; and if she will make a statement on the matter. [22691/21]
View answer462. Deputy Thomas Pringle asked the Minister for Justice the current turnaround time on applications for Irish citizenship via naturalisation generally from the time of application to citizenship being granted or denied; and if she will make a statement on the matter. [22692/21]
View answerI propose to take Questions Nos. 461 and 462 together.
The current target is that it should take around 12 months for a standard application for a certificate of naturalisation to be processed from the date it is received to the date a decision is made. However, for a broad range of reasons, some cases will take longer than others to process.
The average processing time for applications in recent years, as requested by the Deputy, is set out in the table below.
|
Year |
Spouse/Civil Partner of an Irish Citizen |
All Applications |
|
2016 |
7.8 |
5.8 |
|
2017 |
6.9 |
7.4 |
|
2018 |
10.7 |
10.4 |
|
2019 |
12.4 |
11.6 |
|
2020 |
12.4 |
13.5 |
|
2021 |
23.6 |
24.3 |
A number of issues have impacted on the processing of citizenship applications over the past two years. A High Court case, which was subsequently successfully appealed to the Court of Appeal, resulted in significant delays. As well as this, a significant backlog has built up regarding the granting of citizenships due to the inability to hold in-person ceremonies during Covid-19. The combined impact of the Jones judgment and the Covid-19 disruption has resulted in the loss of over six months’ processing time. However, it is important to note that my Department’s Immigration Service did not suspend the receipt or processing of applications at any stage during the Covid-19 pandemic.
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. 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.
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, a temporary system was opened that enables 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, most of whom have been in the system over 30 months. Around 1,708 people have received their Irish citizenship since then. A further 1,057 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 by the end of June. At that point, my Department will have communicated with all those that were recorded, as at 30 December 2020, as having been in the system 24 months or more and 6,500 people will have been given the opportunity to complete their Irish citizenship.
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 also well advanced, in line with the plan 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.
463. Deputy John McGuinness asked the Minister for Justice the number of civilians holding the position of property and exhibits manager within An Garda Síochána; the Garda stations in which the civilians employed as such are based; if the position is underpinned in legislation; if appropriate training has been provided; and if she will make a statement on the matter. [22697/21]
View answerIn order to be of assistance to the Deputy I have sought a report from an Garda Síochána into the issues raised in his question. Unfortunately, the report is not available in time to respond. However, I will contact the Deputy directly when the information sought is available to me.
464. Deputy John Brady asked the Minister for Justice the number of Garda community officers for each district in County Wicklow; and if she will make a statement on the matter. [22702/21]
View answerThe 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.
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, as the Deputy is aware, 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.
As the Deputy may be aware, my Department also recently published the General Scheme of the Policing, Security and Community Safety Bill. The Bill sets out a statutory framework at national and local level to drive the delivery of community safety, including the establishment of local Community Safety Partnerships. The Partnerships, which will replace and build upon Joint Policing Committees, will each develop local community safety plans that respond to the specific needs of their community. Membership will include local representatives, service provides and a range of community representatives who will work in partnership, supported by dedicated staff.
The table below, which has been provided to me by the Garda authorities, sets out the number of community Gardaí assigned to each Wicklow District at 31 March 2021, the latest date for which figures are available.
|
Wicklow Division |
Total |
|
Baltinglass District |
1 |
|
Bray District |
8 |
|
Wicklow District |
1 |
|
Total |
10 |
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
465. Deputy Barry Cowen asked the Minister for Justice the number of cars and motorcycles attached to Laois-Offaly roads policing unit as of 19 April 2021. [22724/21]
View answerThe Deputy will be aware that in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. Under the Act, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. This includes responsibility for the allocation of Garda vehicles among the various Garda divisions. As Minister, I have no direct role in these 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.
I am informed by the Garda authorities that the table below sets out the number of cars and motorcycles allocated to roads policing duty in the Laois/Offaly Division at 28 April 2021.
|
Laois-Offaly Division (Roads Policing) |
Cars |
Motorcycles |
Total |
|
Portlaoise District |
3 |
3 |
6 |
|
Tullamore District |
4 |
1 |
5 |
|
Total |
7 |
4 |
11 |
466. Deputy Bríd Smith asked the Minister for Justice the number of prisoners from each county who are known to have minor children; and the number of children residing in each county known to have a parent or parents in prison. [22729/21]
View answerI am informed by my officials in the Irish Prison Service that they do not collate information in the format requested by the Deputy.
A comprehensive interview takes place at committal stage for all prisoners entering prison. Included in the information gathered at this interview are personal details such as name, date of birth, address, gender, marital status, nationality, next of kin and family details. A new feature was introduced to the Prisoner Information Management System (PIMS) in June 2018 to record family details, including number of children and number of children under 18, on the basis of self-declared information. The Irish Prison Service does not ask prisoners to declare the age or the address of their children.
My officials in the Irish Prison Service have advised that on 29 April 2021 there were 3,788 prisoners in custody, of whom 2,068 declared that they had children. The total number of children declared was 5,150.
Finally, as the Deputy may appreciate, the Irish Prison Service does not hold information on the number of children residing in each county known to have a parent of parents in prison.
467. Deputy Bríd Smith asked the Minister for Justice the number of personal injury claims taken by prison officers in each of the four main committal institutions (details supplied) in each of the years 1972 to 2001; the number of the claims in each prison in each year related to physical injuries; the number of claims that relate to psychological injuries sustained by staff; and if she will make a statement on the matter. [22730/21]
View answerI am advised by my officials that the information requested by the Deputy is not readily available. To collate this data would require a manual examination of records across a lengthy period of time. Such an examination would require a disproportionate and inordinate amount of staff time and effort, in circumstances where there are other significant demands on resources.
468. Deputy Sean Sherlock asked the Minister for Justice the number of citizenship applications that have reached a decision stage in each month from January 2020. [22745/21]
View answer469. Deputy Sean Sherlock asked the Minister for Justice her plans to speed up the processing of citizenship applications in hand to pre-Covid-19 pandemic rates; and if she will make a statement on the matter. [22746/21]
View answerI propose to take Questions Nos. 468 and 469 together.
The table below sets out the number of citizenship applications that have reached a decision stage - where a decision has been made on the application by the Minister for Justice - in each month from January 2020, as requested by the Deputy.
|
Month |
2020 |
2021 |
|
January |
3928 |
40 |
|
February |
171 |
647 |
|
March |
39 |
1,233 |
|
April |
1 |
1,036 |
|
May |
2 |
|
|
June |
67 |
|
|
July |
80 |
|
|
August |
77 |
|
|
September |
152 |
|
|
October |
569 |
|
|
November |
41 |
|
|
December |
32 |
|
|
Total |
5,159 |
2956 |
On 18 January 2021, a temporary system that enables citizenship applicants to complete their naturalisation process by signing a statutory declaration of loyalty was opened and approximately 1,708 people have received their Irish citizenship since then. A further 1,057 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.
In-person citizenship ceremonies have been provisionally scheduled to resume in December 2021, subject to the safety of all involved being assured.
Additionally, work is well advanced on a number of other measures to deal with the current unprecedented level of demand:
- An additional staffing resource is being assigned to the Citizenship Division of my Department. Attendant to this development, restructuring of the organisational structure of the Division is currently underway to ensure optimal customer service delivery;
- Plans for the digitalisation of the naturalisation process are also well advanced, in line with the plan to significantly modernise the justice sector through increased digital and ICT investment. As part of this process, online payments have been trialled for Minor applications and the process is currently being rolled out to Adult applications on a phased basis; and
- The paper based transaction model currently utilised with the National Vetting Bureau is being moved to a digital platform. It is anticipated this will substantially cut application processing times once it is fully operational.
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.
470. 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. [22749/21]
View answerThe Citizenship Division of the Immigration Service of my Department requested further documentation from the person concerned on 12 April 2021. On receipt of the requested documentation, the application for naturalisation will be fully considered 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 in due course.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. 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.
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.
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.
471. Deputy Catherine Murphy asked the Minister for Justice the number of staff in her Department who have had access to files and-or email restricted and-or revoked as part of a disciplinary process or preceding or following a disciplinary process from 1 January 2018 to date in 2021. [22779/21]
View answerI wish to advise the Deputy that no members of staff within the Department of Justice have had access to files and or email restricted or revoked as part of a disciplinary process, or preceding or following a disciplinary process from 1 January 2018 to date in 2021.
472. Deputy Bernard J. Durkan asked the Minister for Justice the position regarding the determination of eligibility for long-term residency and eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [22812/21]
View answerThe immigration case of the person concerned is impacted by the European Court of Justice (ECJ) judgment in the Chenchooliah case. The judgment in that case requires a new process to be developed in this State, in accordance with the provisions of Article 15 of the EU Free Movement Directive, to deal with the cases of third country nationals who have been deemed to come within the scope of the EU Free Movement Directive but for whom the circumstances which allowed those persons to remain in the State no longer pertain.
The required process is under development in my Department at present and should be finalised in the coming months. However, to be of assistance to the Deputy, I have asked that a representative of my Department would communicate directly with the person concerned in the coming days in relation to their position in the State.
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.
473. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [22825/21]
View answerThe Citizenship Division of the Immigration Service of my Department has confirmed that the documentation requested has been received. The application for naturalisation continues to be 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 in due course.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. 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.
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.
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.
474. Deputy Peadar Tóibín asked the Minister for Justice the number of cells that have been upgraded in Garda stations nationwide in the past five years; the amount spent on cell upgrades in each of those years; the number of cells that are yet to be upgraded; the estimated cost of the work that is left outstanding; and the counties that have been completed and that have yet to be completed, respectively. [22832/21]
View answerI have requested a report on the information sought by the Deputy from An Garda Síochána. Unfortunately, the report was not to hand in time. I will write to the Deputy on receipt of the requested information.
475. Deputy Richard Boyd Barrett asked the Minister for Justice the number of reports of breaches of protection, safety and barring orders that are made to An Garda Síochána; the number of subsequent arrests that are made following such reports; and if she will make a statement on the matter. [22837/21]
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.
|
Incident Type |
Report Year |
Reported Incidents |
Incidents with Arrests |
Incidents with Proceedings |
|
Breach of Barring*, Protection or Safety Orders |
2019 |
3700 |
2176 |
3245 |
|
2020 |
4328 |
2740 |
3912 |
