Written Answers Nos. 931-950
932. Deputy Dara Calleary asked the Minister for Justice the steps being taken to facilitate remote working within her Department in particular to encourage remote working for those who live in the regions; and if she will make a statement on the matter. [42711/21]
View answerDepartments 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.
Similar to our colleagues across the Civil Service, the Department of Justice 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, the Department will begin the process of transitioning those staff who have been working remotely back to the workplace the 20th of September 2021. 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.
933. Deputy Holly Cairns asked the Minister for Justice the way in which her Department and public bodies and agencies under her remit are accommodating requests for persons to work from home. [42761/21]
View answerAs 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.
934. Deputy Holly Cairns asked the Minister for Justice that reforms of the naturalisation process permit applications from persons with pending applications under section 3 or Deportation Orders, persons resident in the State for less than four years, and persons who have been undocumented for less than four years. [42792/21]
View answerThe 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 line with the eligibility criteria set out under the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation, can only be made after an application is received.
The Act requires that, any person, prior to making an application for naturalisation, has five years reckonable residence in the State, except for spouses of Irish nationals where the requirement is three years. In both cases, the final 12 months must be continuous residence in the State with up to six weeks absence currently allowed to facilitate foreign travel for business, family or holiday purposes. In June, when announcing the publication of the General Scheme of the Courts and Civil Law (Miscellaneous Provisions) Bill 2021, I confirmed that the continuous residence requirement will be amended to allow for total absences of up to 70 days from the State in the year preceding the citizenship application being made. Up to a further 30 days may also be allowed where necessitated by exceptional circumstances.
The Programme for Government contains a commitment to bring forward a regularisation scheme within 18 months of the formation of the Government, to create new pathways for long-term undocumented people and their dependents. Applicants will need to meet specific criteria and these will be formed with a clear consideration of Ireland's European Union and Common Travel Area commitments. The formulation of criteria is guided by research, including the learning from previous regularisation schemes, such as the 2018 Student Scheme. Schemes operated by other EU Member States are also being considered in its development.
My Department is now working to finalise the details for the Scheme, including eligibility considerations and qualifying criteria, with a view to bringing a proposal to Government shortly to allow for the launch of the Scheme before the end of this year.
935. Deputy Holly Cairns asked the Minister for Justice if she will provide a response to the Republic of Ireland being classified as Tier 2 Watchlist of the Trafficking in Persons Report of the United States of America Department of State Trafficking in Persons Report June 2021. [42793/21]
View answerHuman trafficking is a heinous crime based on deception and exploitation of vulnerable people. Combatting it is, and will continue to be, a priority for this Government and over the past year we have introduced significant measures to combat trafficking, to create a more victim-centred approach to identifying and supporting victims and to raise awareness and provide training.
While it was very disappointing that the US State Department did not acknowledge the significant progress made by Ireland over the past 12 months as sufficient to upgrade our ranking in the latest ‘Trafficking in Persons’ Report, I am confident that the work we are doing should be reflected in the next TiPs report and that Ireland’s ranking should be upgraded accordingly.
I note that a number of key areas identified in the latest TiPs Report reflect the ongoing work that is, in some cases, already well-advanced, including:
- The recent approval by Government to revise the National Referral Mechanism to make it easier for victims of trafficking to come forward, be identified and access advice, accommodation and support;
- The drafting of a new National Action Plan on Human Trafficking;
- The development of training, through NGOs, targeting front line staff in industries such as hospitality, airline and shipping who may come into contact with trafficked persons;
- The work being undertaken to provide dedicated accommodation for female victims of sexual exploitation;
- The improvements being made to the Criminal Justice System to support victims through the implementation of Supporting A Victims Journey;
- The running of a new awareness raising campaign in partnership with the International Organisation for Migration (IOM) to build on the success of previous campaigns:
- An increase in funding for supporting victims of crime generally and increased funding dedicated specifically to supporting victims of trafficking.
The latest report also highlighted that at the time of drafting there were no convictions for Human Trafficking in Ireland. In this regard it is important to highlight the significance of the recent convictions for human trafficking handed down by the Courts and to acknowledge the dedication of An Garda Síochána in investigating and tackling this hideous crime.
It was concerning that one of the factors given weight in this latest report was the continued reliance on an assessment made in an earlier TiPs report in relation to the fishing industry. This assessment was fully investigated by An Garda Síochána and no evidence was found to support the allegations of widespread human trafficking in the fishing industry. It is unclear why the State Department chose to place weight on one voice and not to take account of the balance of stakeholder assessment – including assessment by NGOs active in Ireland in tackling human trafficking – that these accusations are without foundation.
The allegations in that regard should be assessed also in the light of the High Court judgement in the case International Transport Workers' Federation v the Minister for Justice and Equality [2018 No. 5398 P] which referred, in refusing an application for an injunction on behalf of the International Transport Federation, inter alia, to
'the extent of reliance by the plaintiff on speculation and the reports of others without applying due process like procedures to those accounts'.
As the Deputy will be aware, Ireland has strong separation of powers and the courts are independent of Government. A High Court judgment cannot be dismissed as an expression of opinion amongst potentially many others, but – unless overturned on appeal – is a conclusive finding of law or fact.
I am hopeful that the State Department will look at this particular issue more objectively when assessing Ireland's ranking for the next TiPs Report.
937. Deputy Holly Cairns asked the Minister for Justice if she will ensure that international protection is provided to Afghan protection applicants currently in Ireland through an expedited process. [42797/21]
View answerMy 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.
International protection applications from Afghan nationals are already prioritised, as agreed with UNHCR. In 2021 (to end July), there have been 82 applications from people providing Afghanistan as their country of origin at the time of application.
In general, the scheduling of interviews by the International Protection Office (IPO) of my Department is done in accordance with the prioritisation list agreed with the UNHCR and published on the IPO website.
Under the International Protection Act 2015, each application is assessed individually on its merits. Generally, all applicants for international protection are carefully interviewed and their cases are individually assessed by experienced caseworkers. The circumstances of each individual case is assessed having regard to both the subjective elements (the applicant’s own account or personal history) and objective elements (up-to-date information on the applicant’s country or place of origin).
Supporting documentation submitted by applicants is also taken into account. Information on an applicant’s country of origin is obtained from a variety of legitimate sources such as the United Nations High Commissioner for Refugees (UNHCR), Amnesty International and other NGOs, the European Asylum Support Office (EASO), the US State Department and the Canadian Immigration and Refugee Board.
938. Deputy Holly Cairns asked the Minister for Justice if she will fast-track family reunion applications and broaden the criteria for Afghan refugees in the country especially those with outstanding family reunification applications. [42798/21]
View answerIn response to the humanitarian situation in Afghanistan, my Department is currently focused on processing family reunification applications for Afghan family members of Irish citizens and Afghan nationals living in Ireland.
One hundred and four Afghan family members have been granted family reunification so far this year and applications in respect of a further 64 people are being actively processed.
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. 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.
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 of 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.
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/.
Anyone who is not eligible to make an application under the 2015 Act, may wish to consider making an application for a visa to join a family member already living in Ireland. Eligible family members are generally dependent family including spouses, civil partners and children under the age of 18. Detailed information is available at: www.irishimmigration.ie/coming-to-join-family-in-ireland/.
939. Deputy Holly Cairns asked the Minister for Justice if she will halt refusals for leave to land and access to the international protection process for Afghan people. [42799/21]
View answerEach person who has been refused leave to land in the State is assessed on their own merits, taking all relevant information into consideration at that time. If at any point during the refusal of leave to land process a person claims asylum or demonstrates that they are in need of protection they will be admitted to the international protection process.
Interpretation facilities are available as required. In all cases, return of persons refused leave to land (who do not make an international protection application) are conducted in accordance with the law, with the vast majority of such returns being made to other EU Member States. Arrangements are made by the Garda National Immigration Bureau to return such persons to their point of embarkation at the earliest opportunity.
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.
940. Deputy Thomas Gould asked the Minister for Justice the number of staff employed in each coroner’s court; and the average number of deaths dealt with in the past five years in tabular form. [42822/21]
View answer941. Deputy Thomas Gould asked the Minister for Justice the number of vacant positions in each coroner's court and the plans in place to fill any such vacancies. [42823/21]
View answerI propose to take Questions Nos. 940 and 941 together.
As the Deputy will be aware, coroners are independent quasi-judicial officials exercising their functions under the law, the Coroners Act 1962 as amended. Neither I nor my Department have any role in the conduct of the functions by coroners. The coroners’ core function is to investigate deaths required to be reported to him or her by law, including sudden and unexplained deaths so that a final death certificate can be issued.
There are coroners working in all 38 coronial districts. The names of coroners, their deputies and the coronial districts they act in are published and available on the website www.coroners.ie. There are no current vacancies for coroners in any district.
Coroners report on their activities each year and the statistics in regard to deaths reported, post-mortem examinations directed and inquests held are published by my Department. The details up to 2020 are available on www.coroners.ie.
942. 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. [42835/21]
View answerThe application for a certificate of naturalisation from the person referred to by the Deputy 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.
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.
943. Deputy Gary Gannon asked the Minister for Justice if her Ministerial phones have been hacked or attempted to be hacked during the term of office. [42929/21]
View answer944. Deputy Gary Gannon asked the Minister for Justice if she has ever used her personal phones for Government business; and if so, if the personal phones have been hacked during her term of office. [42947/21]
View answerI propose to take Questions Nos. 943 and 944 together.
I am not aware of any attempt to hack my phone.
945. Deputy Matt Carthy asked the Minister for Justice the number of freedom of information requests responded to by her Department in each of the years 2016 to 2020 and to date in 2021; the number of responses that included documents related to text messages and other phone message communications such as messages sent through an application (details supplied) in tabular form; and if she will make a statement on the matter. [42969/21]
View answerThe total number of freedom of information requests responded to by my Department in the years 2016 to 2020 and to date in 2021 is set out in tabular format below:
|
Year |
Total |
|
2016 |
591 |
|
2017 |
780 |
|
2018 |
853 |
|
2019 |
844 |
|
2020 |
797 |
|
2021 (YTD 31/08/2021) |
561 |
In relation to the second part of the Deputy's question, it is not possible to provide the details and the number of responses that included documents related to text messages and other phone message communications without a manual examination of each individual response. Such an examination would require an inordinate and disproportionate amount of staff time and resources and could not be considered at this time.
946. Deputy Carol Nolan asked the Minister for Justice if she will investigate with An Garda Síochána if it holds or collects data on reports from parents, schools or members of the public on child endangerment issues, such as attempted abductions, in or around schools; and if she will make a statement on the matter. [42986/21]
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.
947. Deputy David Cullinane asked the Minister for Justice the cost of each commission of investigation under the remit of her Department over the preceding decade. [42996/21]
View answerAs the Deputy may be aware, a detailed note is provided in my Department’s appropriation account (Vote 24) each year of the cost of commissions and inquiries which are ongoing or have concluded and are still incurring cost.
The information requested by the Deputy is set out in tabular format below.
The cost for each commission of investigation either ongoing or concluded but still incurring costs to the end of June 2021 is as follows:
|
Commissions and Inquiries |
Date established |
Total cost to 30/6/2021 €000 |
Additional Information |
|
Smithwick Tribunal |
2005 |
19,889 |
Concluded at the end of 2013 with remaining costs to be discharged with regard to one third party |
|
Independent Review Mechanism and Section 42 Inquiries (Garda Síochána Act 2005) |
2014 |
1,838 |
|
|
Disclosures Tribunal |
2017 |
13,025 |
|
|
Independent Reporting Commission |
2017 |
118 |
|
|
Hickson Commission of Investigation |
2018 |
1,392 |
|
|
A Study on Familicide and Domestic Homicide Reviews |
2019 |
468 |
|
|
Shane O’ Farrell – Scoping review of circumstances leading to his death |
2019 |
269 |
|
In addition, the following commissions and inquires have concluded and the following costs are as reported in the Appropriation Account:
948. Deputy Neasa Hourigan asked the Minister for Justice the progress made on plans to modernise the law on the administration of oaths in judicial and other proceedings; if she plans to remove religious references and religious-based oaths of office; and if she will make a statement on the matter. [43023/21]
View answerArticles 12.8, 31.4 and 34.5.1° of the Constitution respectively prescribe the wording of a declaration to be made by a person taking up office as President, as a member of the Council of State, and as a judge. The prescribed wording contains religious references: in each case the prescribed declaration includes a statement that the declaration is being made 'in the presence of Almighty God', while the declarations prescribed by Article 12.8 and by Article 34.5.1° also end with the words 'May God direct and sustain me.'
Any amendment to these provisions would require a referendum.
Within my own Department's areas of responsibility, the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 introduced Statements of Truth as an alternative to the swearing of an affidavit or statutory declaration as a means of submitting evidence or verifying documents in civil proceedings. The General Scheme of the Courts and Civil Law (Miscellaneous Provisions) Bill 2021, published in June, has also provided for the introduction of Statements of Truth to replace swearing on a bible for affidavits or statutory declarations for electronic filing to a court.
949. Deputy Réada Cronin asked the Minister for Justice the number of formal and informal roles held by a person (details supplied) in the name of her Department or associated agency in the lifetime of this Government; when they were appointed to same; and if she will make a statement on the matter. [43040/21]
View answerI wish to advise the Deputy that there is no record of the person referred to holding any roles in my Department or in any of the agencies, offices or bodies under its aegis.
950. Deputy Catherine Murphy asked the Minister for Justice if she and or her special advisers and or officials use or have used services (details supplied) to communicate in the past 18 months. [43076/21]
View answerAs the Deputy will be aware, with the move to remote working as a result of COVID-19, in line with Government guidelines, there has been an expansion in the availability and use of services which provide for modern and secure communications between individuals and teams.
My Department is no different in that respect from other large organisations with a need for secure communications and I can confirm that one of the services referred to by the Deputy is used on occasion by my Department.
Importantly however, I can confirm that the use of this or any other service does not interfere in any way with the obligation to maintain appropriate records of Department business in accordance with the statutory obligations set out in the National Archives and Freedom of Information Acts, which my Department fully adheres to.
I have not used the applications referred to by the Deputy to transact government business by text message.
