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Thursday, 9 Sep 2021

Written Answers Nos. 891-910

Departmental Data

Questions (892)

Neale Richmond

Question:

892. Deputy Neale Richmond asked the Minister for Justice the number of knives seized from 2016 to date in 2021, by county; and if she will make a statement on the matter. [41925/21]

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Written answers

The Government is very conscious of the dangers presented by knife crime, and indeed all violent assaults. Clearly any stabbing has the potential to cause irreparable physical harm and tragic consequences and the Government is determined to ensure that similar problems to those which have developed in neighbouring jurisdictions do not develop here in Ireland.

There is a comprehensive and robust legal framework in place with respect to knife crime, including heavy penalties for breaches of the laws concerned. Under the provisions of the Criminal Justice (Miscellaneous Provisions) Act 2009, the maximum penalty for a conviction for possessing a knife in a public place without good reason or lawful authority was increased from one to five years. An Garda Síochána also has an extended power of search without warrant for knives and offensive weapons and Gardaí have secured a substantial number of convictions in the Courts in recent years for possession of a knife or other weapon. That said, the Department will continue to keep sentencing policy under ongoing review and will review existing Garda powers in relation to dangerous weapons, including knives, to ensure they have the necessary legal tools to protect our communities. 

I am advised by the Garda authorities that the following are the statistics, as of 16 August 2021, for the numbers of knives seized by Garda Division in each of the years 2016 to 2021.

table

The Deputy will appreciate that these statistics are based upon operational data from the PULSE system as was available on 16 August 2021 and are liable to change.

I am further informed by the Garda authorities that the 2016-2018 increase in recorded seizures is due in large part to the introduction of the Property and Exhibit Management System (PEMS) which improved the level of recording of all objects seized, including knives.

More recently, the increases in seizures are also due to proactive policing operations, particularly during 2020 with the increased Garda presence due to the COVID-19 public health response. There was a 4.7% increase in the number of knives seized between 2019-2020 (2,143 in 2019 and 2,248 in 2020). There was also a substantial year-on-year increase in the number of searches conducted in 2020 – many of which were associated with An Garda Síochána’s high visibility operations during the COVID-19 pandemic.

Question No. 893 answered with Question No. 890.
Question No. 894 answered with Question No. 890.

Flexible Work Practices

Questions (895)

Carol Nolan

Question:

895. Deputy Carol Nolan asked the Minister for Justice the measures she is taking to promote or facilitate remote working for staff in her Department or bodies under the aegis of her Department; the costs this has generated in terms of the provision of laptops, desktop computers or contributions to wi-fi costs or phone-related expenses; the number of staff who have applied for permission to work from home on a permanent or hybrid-model basis (details supplied); and if she will make a statement on the matter. [41957/21]

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Written answers

As the Deputy will be aware, all Government Departments, Agencies and Offices are currently working in line with Government COVID-19 guidance, which provides for home working to continue where possible. A central policy framework for Blended Working in the Civil Service will be finalised in conjunction with employee representatives over the coming months. This framework will inform the development of organisation level blended working policies tailored to the specific requirements of each Department/Office, whilst ensuring a consistency of approach across key policy areas.

The proposed Blended Working Framework paper sets out a number of core principles to apply to blended working across the Civil Service post-COVID. Key to all this is the duty of Departments to deliver a quality service to Government, the Oireachtas and the public with flexibility and agility. There is recognition also of a need to create opportunities for people to balance their working and personal lives more effectively where possible.

My Department has commenced work on developing its own blended working policy and arrangements, which take into account our specific business needs and requirements, while remaining grounded in the Civil Service Framework. Blended working arrangements are expected to be implemented by March 2022.

In the interim, my Department will begin the process of reintroducing staff safely to the office environment, with preparations underway to start transitioning from 20 September to facilitate teams working together in the office one day a week. This transition phase will also help to inform future blended working policies and practice. All transition arrangements remain subject to change and are dependent on the public health advice in place during that time.

The Deputy will appreciate that many of the bodies and agencies under my Department’s remit provide frontline services and have been committed to maintaining these essential services to the public throughout the COVID-19 pandemic. The organisations facilitate remote working where possible in accordance with the public health advice where operational and business needs allow but obviously this is not possible for frontline staff in agencies such as An Garda Síochána, the Irish Prison Service, Forensic Science Ireland and others. I can assure the Deputy that future blended working arrangements will take operational requirements into account and will be in line with Government policy and public health guidelines.

It has not been possible to collate the detailed information on costs within the timeframe allowed. I will provide this information to the Deputy as soon as it is to hand.

Immigration Status

Questions (896)

Jennifer Carroll MacNeill

Question:

896. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the status of an application for a stamp 1G extension by a person (details supplied); and if she will make a statement on the matter. [41999/21]

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Written answers

An application for an extension of Stamp 1G permission from the person referred to by the Deputy was approved on 17 August 2021. A letter issued to them on that date granting an extension of their Stamp 1G permission until 24 September 2022. 

A Stamp 1G indicates that a person has permission to look for employment in the State under the Third Level Graduate Programme. The Stamp 1G is granted for 12 months to ensure that such students are making genuine efforts to access suitable graduate level employment, for example attending job interviews or signing up with graduate employment agencies. However, it is recognised that, due to the impact of Covid-19, some people may not have been able to find graduate level employment before their Stamp 1G permission is due to expire. Therefore, in an effort to assist such people, my Department is considering any applications for an extension of Stamp 1G immigration permission on a case by case basis.

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.

Immigration Support Services

Questions (897)

Cian O'Callaghan

Question:

897. Deputy Cian O'Callaghan asked the Minister for Justice when first-time appointments at the Immigration Service, Burgh Quay, Dublin 2 will resume; and if she will make a statement on the matter. [42010/21]

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Written answers

I can inform the Deputy that the Burgh Quay Registration Office for customers in the Dublin area reopened on 10 May 2021. Customers can apply directly for appointments through the online system at: https://burghquayregistrationoffice.inis.gov.ie.

A tender has also recently been awarded for a new Immigration Service appointment and scheduling system, which will streamline and further improve the registration process. The new system is expected to be in place in the next month or so.

An online registration system is also available to all customers residing in the Dublin area, who wish to renew their immigration permission.

Deportation Orders

Questions (898)

Peadar Tóibín

Question:

898. Deputy Peadar Tóibín asked the Minister for Justice the number of deportation letters issued to Afghani citizens who are resident in Ireland by month to date in 2021. [42026/21]

View answer

Written answers

No deportation orders have been issued to Afghan nationals this year.

Furthermore, no existing deportation orders for Afghan nationals will be enforced in the current circumstances. For those with an existing deportation order, a request can be made to revoke the order. Any such request will be prioritised.

Court Procedures

Questions (899)

Seán Fleming

Question:

899. Deputy Sean Fleming asked the Minister for Justice the number of times each year in which section 2 of the Criminal Law (Defence and the Dwelling) Act 2011 was used as the reason that a case should not be prosecuted; and if she will make a statement on the matter. [42031/21]

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Written answers

As the Deputy will be aware, the Director of Public Prosecutions is an independent law officer under the provisions of the Prosecution of Offences Act 1974 (as amended). The Office of the DPP is within the vote group of the Department of the Taoiseach and I have no role in the functions of the Director or the Office of the DPP.

As Minister for Justice, it is not appropriate for me to engage with the Director in the matters raised by the Deputy, or any other matters.

Humanitarian Access

Questions (900, 936)

Richard Bruton

Question:

900. Deputy Richard Bruton asked the Minister for Justice if she has considered introducing a specific humanitarian programme similar to previous SHAP or International Humanitarian Access Programme to enable Afghan and Irish citizens living in Ireland to apply for visas for their family members; if so, when the arrangements will be in place; and if she will make a statement on the matter. [42120/21]

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Holly Cairns

Question:

936. Deputy Holly Cairns asked the Minister for Justice if she will put in place humanitarian admission for Afghans at high risk of persecution including persons who have worked with the EU, humanitarian organisations and women and girls at risk of persecution. [42796/21]

View answer

Written answers

I propose to take Questions Nos. 900 and 936 together.

In response to the humanitarian situation in Afghanistan, my Department is currently focused on processing applications for Afghan family members of Irish citizens and Afghan nationals living in Ireland.

In line with announced Government commitments, the admission of ‘programme refugees’ under the Irish Refugee Protection Programme (IRPP) is being led primarily by the Department of Children, Equality, Disability, Integration and Youth who have overall responsibility for the IRPP. My Department is providing practical support by way of issuing humanitarian visas to facilitate travel to Ireland. 

Priority has been given to those working on human rights issues, including the rights of women and girls and minorities, as well as those working with NGOs and European and international organisations. To date, my Department has recently issued more than 290 humanitarian visas or visa letters for this cohort.

Under the IHAP, which has closed to new applicants, approximately 70 Afghan nationals have been issued with immigration status letters by my Department so far this year, enabling them to reside and work in the State.

One hundred and four Afghan family members have been granted family reunification so far this year under the International Protection Act 2015, and applications in respect of a further 64 people are being actively processed by my Department.

Similarly, visa applications for Afghan family members of Irish citizens and Afghan nationals living in Ireland are being assessed speedily and sympathetically. Any person that wishes to make an application for a visa to join a family member already living in Ireland, can do so online at: www.visas.inis.gov.ie/avats/OnlineHome.aspx. Eligible family members are generally dependent family including spouses, civil partners and children under the age of 18.

Anyone who wishes to apply to bring an elderly dependent to live with them in Ireland under a Stamp 0 permission can find further information on: www.irishimmigration.ie/coming-to-join-family-in-ireland/joining-a-non-eea-non-swiss-national/dependent-elderly-relative/.

My Department is currently reviewing all international protection applications on hand from Afghan nationals with a view to expediting their progress, in line with updated advices provided by UNHCR in recent weeks. These applications are already prioritised, as agreed with UNHCR. The processing of these applications takes full account of whether a person will be in danger if not provided with a permission to remain here.

My Department continues to work closely with the Department of Foreign Affairs and the Department of Children, Equality, Disability, Integration and Youth to monitor and respond to the evolving situation in Afghanistan. As I have outlined, our current focus is on processing all existing and new applications on hand speedily and sympathetically. 

Minister Humphreys and I have directed our officials to examine, as a matter of urgency, proposals for a humanitarian admission programme whereby persons resident in Ireland could apply for family members in Afghanistan to be granted admission to Ireland. The introduction of any new scheme along similar lines to the previous SHAP and IHAP programmes would require a Government decision.

Citizenship Applications

Questions (901)

Jennifer Carroll MacNeill

Question:

901. 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. [42137/21]

View answer

Written answers

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 22 March 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.

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.

Commissioners for Oaths

Questions (902)

John Paul Phelan

Question:

902. Deputy John Paul Phelan asked the Minister for Justice if she will provide this Deputy with a list (details supplied). [42155/21]

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Written answers

Commissioners for Oaths are appointed by the Chief Justice sitting in open court. 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.

Queries from Oireachtas Members can be made directly to the Courts Service’s dedicated email address at: oireachtasenquiries@courts.ie.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided the following list of those, which I am informed, have been appointed as Commissioner of Oaths in the areas specified:

Michael Buggy

Tomas O'Dubhshlaine

Denis O'Leary

Liam Nolan

Marion Kilbride

Mairead McEvoy 

Mary Ryan 

Michael F Grace 

Seamus Leahy 

Brian Leonard

Claire Roberts

Esther Roberts 

Matthew Cullen

Mary C Byrne 

Paula Fleming 

James Brady 

Denis O'Leary

Raymond Keyes

Lorraine Hynes

Noeleen Forde Cuffe

Legal Aid

Questions (903)

Brendan Howlin

Question:

903. Deputy Brendan Howlin asked the Minister for Justice if the relocation of the Legal Aid Board office in County Waterford has been brought to her attention; if discussions have taken place with staff of that office concerning the move; if she has given formal consent under section 3(2) of the Civil Legal Aid Act 1995 for this new premises; and if she will make a statement on the matter. [42170/21]

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Written answers

As the Deputy will be aware, the Legal Aid Board provides legal advice and aid under the relevant terms of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996-2017. Section 3(3) of the Act provides that the Board shall, subject to the provisions of the Act, be independent in the exercise of its functions.

The location of offices of the Legal Aid Board is also subject to the Civil Legal Aid Regulations 1996 (S.I no. 273 of 1996), which give effect to the relevant provisions of Section 37 of the 1995 Act.  Regulation no. 22 (1) states that,

“In deciding on the location of law centres, the Board shall have regard to –

(a) the need to provide reasonable access to their services on a nationwide basis,

(b) the desirability of providing, so far as possible, ready access to their services in the areas where the need for those services is greatest, and

(c) the need to use available resources in a way likely to result in maximum benefit for persons in need of legal aid or advice 

and in considering these matters the Board shall take account of any views expressed by local and other interests but the decision finally in each case shall be a matter entirely for the Board”.

In relation to the issue of consent under section 3(2) of the Civil Legal Aid Act 1995, I can confirm that this is a matter on which the Board is engaged with my Department.

Crime Prevention

Questions (904)

Fergus O'Dowd

Question:

904. Deputy Fergus O'Dowd asked the Minister for Justice if she will respond to concerns and proposals (details supplied) in relation to a possible deterrent for scam calls which have increased exponentially here over the past 12 months; and if she will make a statement on the matter. [42259/21]

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Written answers

Telecommunications policy and regulation is a matter for my colleague, the Minister for Environment, Climate and Communications, to whom I note this question has also been directed. As the Deputy will be aware, the prevention and investigation of any criminal activity, including that associated with such 'scam calls', are strictly operational matters for the Garda Commissioner. As Minister for Justice I have no direct role in these matters.

However, I want to say that I share the Deputy’s concern as to the number of ‘scam calls’ being received by people in Ireland in recent times. I am informed that the Garda National Economic Crime Bureau and the Garda National Cyber Crime Bureau proactively engages with telecommunications providers to suspend VOIP (Voice Over Internet Protocol) numbers which are suspected of being used to commit fraud and it is the experience of An Garda Síochána that telecommunication companies based in Ireland will provide assistance in the suspension of such numbers upon notification that they are being used to commit fraud offences. I would therefore urge people to notify the Gardaí if they are contacted by someone they suspect to be trying to defraud them.

Both the Garda National Economic Crime Bureau and the Garda National Cyber Crime Bureau continue to engage with telecommunications service providers regarding the kinds of scam raised by the Deputy and the identification of the persons involved.

Question No. 905 answered with Question No. 888.

Gambling Sector

Questions (906)

Éamon Ó Cuív

Question:

906. Deputy Éamon Ó Cuív asked the Minister for Justice her plans to introduce legislation to prohibit on-line gambling websites from restricting winning customers online while putting no restriction on losing gamblers;and if she will make a statement on the matter. [42315/21]

View answer

Written answers

My Department’s Justice Plan 2021 identifies the enactment of legislation to licence and regulate the gambling industry as a key objective. The Programme for Government gives a clear commitment to establish a gambling regulator focused on public safety and well-being, covering gambling online and in person, and the powers to regulate advertising, gambling websites and apps. 

As outlined in the Justice Plan 2021, I expect to be in a position to publish the Scheme of the Bill in quarter three 2021. There is a clear path towards the regulator being fully operational in early 2023. 

When it is established, the regulator will have the necessary enforcement powers for licensing, and powers to take action where individuals or operators are failing to follow rules and regulations.  Operators offering activities in whole or in part online, will be subject to the licensing terms and conditions as set out by the regulator. Matters regarding enforcement will also be for the gambling regulator.

Key objectives of the regulator will be preventing gambling from being a source or support to crime, ensuring that gambling is conducted in a fair and open way for companies to make decisions in certainty, and requiring safeguards including in relation to gambling advertising.

Furthermore, given the size, complexity and technological development of the modern gambling industry and having regard to the current outdated and complex arrangements, it will be important that the regulator will be established on a sound footing and be adequately resourced to carry out this important task. 

Further details on the functions and powers of the regulator will be outlined in the Scheme.

Citizenship Applications

Questions (907)

Jennifer Carroll MacNeill

Question:

907. 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. [42340/21]

View answer

Written answers

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 22 July 2020. The application 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.

Citizenship Applications

Questions (908)

Jennifer Carroll MacNeill

Question:

908. 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. [42341/21]

View answer

Written answers

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

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.

Family Reunification

Questions (909)

Peadar Tóibín

Question:

909. Deputy Peadar Tóibín asked the Minister for Justice the process through which a person who has qualified for refugee status in the State but who has young children in their home country may go about seeking to bring their children to Ireland. [42346/21]

View answer

Written answers

A person can apply for family reunification under the International Protection Act 2015 if they have been granted a declaration as a Convention Refugee, are a beneficiary of Subsidiary Protection or if they have been granted Programme Refugee status.  

Under Section 56 of the 2015 Act, the following family members are eligible for family reunification:

- Spouse - the marriage must have subsisted on the date the application for international protection in the State was lodged;

- Civil Partner- the civil partnership must have subsisted on the date the application for international protection in the State was lodged;

- Parent(s) and their children (under 18 and unmarried) if the sponsor was under 18 and unmarried on the date the application for family reunification in the State was lodged; and

- A child of the sponsor, who is under the age of 18 and unmarried when the sponsor made an application for family reunification in the State. 

Applications for Family Reunification under the 2015 Act can be made to my Department by email to FRU_IPA@justice.ie or in hard copy to Family Reunification Unit, Department of Justice, 13-14 Burgh Quay, Dublin 2.

Full details on the application process can be found on my Department's website at: www.irishimmigration.ie/coming-to-join-family-in-ireland/family-reunification-of-international-protection-holders/.

Deportation Orders

Questions (910)

Bernard Durkan

Question:

910. Deputy Bernard J. Durkan asked the Minister for Justice the position regarding the request to set-aside a deportation order in the case of a person (details supplied); and if she will make a statement on the matter. [42360/21]

View answer

Written answers

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

In the meantime, they are legally obliged to comply with any reporting obligations placed on them by the Garda National Immigration Bureau (GNIB). 

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.

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