Written Answers Nos. 469-494
469. Deputy Mary Butler asked the Minister for Further and Higher Education, Research, Innovation and Science if he will address the concerns raised in correspondence regarding apprenticeships (details supplied); and if he will make a statement on the matter. [45120/21]
View answerCraft apprenticeships account for 25 of the 62 existing available apprenticeship programmes. They comprise of a standard seven phase programme of alternating on-the-job and off-the-job phases. The off-the-job training for these programmes is delivered in Training Centres, Institutes of Technology and Technological Universities. Given the practical nature of off-the-job training for craft apprentices, the shutdown of on-site learning activity in 2020 and 2021 had a significant impact on the ability of craft apprentices to progress through their course.
In addition to the general activity surrounding a return to on-site learning across the further and higher education sector a number of specific actions were put in place to support craft apprentices to progress in their training in a timely manner:-
- Craft apprentice off-the-job training was prioritised for a return to on-site learning across further and higher education institutions as COVID restrictions allowed.
- Delivery of off-the-job phases continued over the summer, subject to public health advice and with restricted numbers. This approach assisted institutions and providers in preparing and organising the safe return of larger numbers in the autumn.
- €20m in capital funding has been provided to increase training capacity in the system with SOLAS and HEA allocating this to ETBs and HEIs. This will facilitate an additional 4,000 craft apprenticeship places, assisting significantly with the immediate backlog issues but also more broadly increase training capacity in the apprenticeship system as the sector caters for higher demand.
- An additional €12 million was allocated for 2021 to support additional classes and teaching capacity to ameliorate COVID-19 measures at higher education level (Phases 4 and 6).
- A three-step plan to tackle the backlog in craft apprenticeship off-the-job training over the coming period by SOLAS and further and higher education providers is in delivery. Step 1 of the plan includes an increase in the number of training workshops available across further and higher education from September 2021 onwards. Steps 2 and 3 involve tailored emergency approaches to accelerate the throughput of apprentices at Phases 2 and 6 for a designated period of time.
- Phase 2 apprentice commence off-the-job training throughout the year. SOLAS are engaging with the ETBs to maximise and expand provision to clear the waiting lists for phase 2 training.
- Phase 4 and 6 intakes are currently scheduled three time per year – September, January and April. Additional capacity coming on stream at phase 4 and 6 from September has resulted with in the region of 2,500 phase 4 and 6 apprentices scheduled to commence off-the-job training in September, up from 2,100 per intake immediately pre-COVID.
- In the event that Phase 4 and 6 are prevented from returning at full capacity, a number of alternatives remain available to ensure that craft apprentices are not precluded from qualifying in a timely manner, including the potential for competency assessments to allow apprentices to qualify. Any such measure would need to safeguard the integrity of the Craft Certificate qualification.
The SOLAS apprenticeship scheduling management system aims to call apprentices for their off-the-job training on a longest waiting basis on the day of scheduling. There is no facility to prioritise apprentices based on age, or any other factor.
Further updates will be published over the coming weeks on www.apprenticeship.ie.
471. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the percentage of student in receipt of SUSI with a self-employed parent or guardian included within the assessed household; and if he will make a statement on the matter. [45143/21]
View answerUnder the Student Grant Scheme, grant assistance is available to eligible students attending an approved course in an approved institution who meet the terms and conditions of funding, including those relating to residency, means, nationality and previous academic attainment.
The decision on eligibility for a student grant is a matter, in the first instance, for SUSI to determine. For the 2021/22 academic year, student grant applications will be assessed based on gross income from all sources for the period 1st January 2020 to 31st December 2021.
I understand from SUSI that in the 2020/21 academic year there were 13,241 paid applications where a Parent/Guardian declared a Self Employed Income. Of the total paid cohort of 74,844 applicants, this is 17.7%.
As SUSI is still accepting and assessing applications for the current 2021/22 academic year, the data for the full academic year is not yet finalised, however as of the 10th September 2021 there are 9,906 awarded applications where a Parent/Guardian declared a Self Employed Income. Of the total awarded cohort of 68,606 applicants, this is 14.44%.
473. Deputy Aodhán Ó Ríordáin asked the Minister for Further and Higher Education, Research, Innovation and Science the efforts that were made to co-ordinate the timing of the leaving certificate results and UCAS deadlines and to communicate the timing of those results with the UCAS system in the UK to allow Irish students take-up courses; the number of students who were unable to take-up places at UK universities in 2021 as a result of the delay in results and the failure to come to agreement with UCAS universities; and the number of those students who chose to take-up a place in an Irish third-level course rather than defer until 2022 thereby reducing the total number of students able to take up third-level courses. [45244/21]
View answerThe timing of the Leaving Certificate results is a matter for the Minister for Education, and I understand the Deputy has put a similar question to Minister Foley.
In respect of engagement with UCAS, my officials have been engaged with the UK side since January 2021 in order to ensure the interests of Irish students are represented and considered, and that the relevant UK authorities and bodies had the necessary information. This includes UCAS, Universities UK, Universities Wales and Universities Scotland. There was also engagement with the Northern Ireland higher education institutions.
It should be noted that the UCAS deadline is advisory, and while the vast majority of UK Universities will observe that deadline, there are a small number that require completion of registration processes by 31st August 2021. This is for a variety of university operational procedures, including arranging placements, Garda/police vetting etc.
Where issues emerged which could not be resolved in engagement between students and admissions offices, officials in both my Department and the Department of Education engaged directly with the universities in question, seeking that they would respond flexibly in terms of Irish students. This flexibility was forthcoming in most cases. The work was also supported by staff from the Irish Embassy in London. In the cases which were notified to and pursued by both Departments, no student has reverted to either Department to indicate they were disadvantaged.
Where a student applies to pursue their study in the UK, this is a matter between the student and the UK University in question. As a result, my Department does not have any statistics in this regard.
474. Deputy Gino Kenny asked the Minister for Justice when she plans to accept applications for guest visas for persons who are vaccinated and have evidence of vaccination in their country. [44422/21]
View answer475. Deputy Gino Kenny asked the Minister for Justice if extra staff will be deployed to her Department to deal with a backlog of applications of guest visas. [44423/21]
View answerI propose to take Questions Nos. 474 and 475 together.
On 13 September 2021, the restrictions that had been in place since 21 March 2020, regarding the processing of short stay visas were lifted. The decision to temporarily cease processing short stay visa applications, except for cases that fell under the Emergency/Priority criteria, was made as a necessary interim measure to help reduce the spread of Covid-19 and protect public health.
As the pandemic situation continues to improve and international travel once again becomes a feature of our lives, it is important that people are able to travel here for short term purposes including family visits. The move to lift restrictions is in line with the next phase of the Government’s response to the pandemic, Covid-19: Reframing the Challenge, Continuing Our Recovery and Reconnecting.
Any application accepted since March 2020 was processed immediately on the basis that it was an Priority/Emergency application.
Current visa processing times will differ depending on where the application is processed. It should be noted that some of our Visa Offices and Missions abroad will be working under local pandemic arrangements, which may be more restrictive than is currently the case in Ireland, thereby affecting opening hours and workplace attendance.
476. Deputy Paul Murphy asked the Minister for Justice if any of her predecessors made a request to the Chief Justice to appoint a judge under section 21 of the Courts of Justice (District Court) Act 1946, or any other similar provision, to investigate (details supplied). [44434/21]
View answerAs the Deputy is aware, the judiciary are, under the Constitution, independent in the exercise of their judicial functions. The conduct of court business is entirely a matter for the Presidents of the Courts and the Chief Justice.
As the Deputy is aware, the Judicial Council was established pursuant to the Judicial Council Act 2019 and is independent in the performance of its functions. One of the main pillars of the Council's remit is to promote high standards of conduct among judges. The Judicial Conduct Committee was formally established with effect from 30 June 2020. It was required under the Act to submit to the Judicial Council Board draft guidelines concerning judicial conduct and ethics, within 12 months of its establishment. The guidelines will deal with admissibility of judicial complaints, informal resolution of complaints and codes for conduct and ethics.
I understand that the Committee submitted those draft guidelines to the Board on 28 June 2021, within the statutory timeframe. The Act further states that the Council must then adopt those guidelines within a further 12 month period from that date (i.e. by 28 June 2022 at the latest). Once the guidelines are in place, I will then make orders bringing into operation those relevant provisions of the Act which have not yet been commenced.
Panels of Inquiry (including lay members) will conduct investigations of complaints referred by the Judicial Conduct Committee. This will allow for complaints about allegations of misconduct by serving judges to be made.
The investigation of any criminal offence is, of course, a matter for An Garda Síochána.
477. Deputy Neasa Hourigan asked the Minister for Justice her plans to prescribe a set minimum sentence for those convicted of domestic violence; and if she will make a statement on the matter. [44441/21]
View answerAs the deputy may be aware, depending on the circumstances of the individual case, a perpetrator of domestic violence may be charged with specific offences such as an offence under the Non-Fatal Offences Against the Person Act 1997, murder, manslaughter, a sexual offence, the offence of coercive control, or the offence under section 33 of the Domestic Violence Act 2018 of contravention of a domestic violence order.
The court is required to impose a sentence which is proportionate not only to the crime but also to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present. Section 40 of the Domestic Violence Act 2018 provides that where offences involving physical or sexual violence are committed in the context of a marriage, civil partnership or an intimate and committed relationship, that fact shall be an aggravating factor at sentencing. This sentencing provision applies to any offence that involves violence or the threat of violence to a person.
While presumptive mandatory minimum sentences are provided for in respect of certain offences, the Law Reform Commission (2013) and the Strategic Review of Penal Policy (2014) studied their use and recommended against their continued use. The reports raised concerns about the effectiveness of such sentencing regimes in reducing crime as well as their proportionality and fairness.
It may interest the deputy to know that officials in my Department are currently working on the repeal of all criminal penalties involving mandatory minimum sentences for second or subsequent offences via the Criminal Justice (Amendment) Bill 2021.
This is being done on foot of a Supreme Court ruling (Ellis v the Minister for Justice) that provision involving a mandatory minimum sentences for second or subsequent offences in the Firearms Act 1964 was unconstitutional. The mandatory minimum sentence applied in cases in which the convicted person was before the court for a second firearms offence, or had previously been convicted of another similar firearms offence.
The Supreme Court held that the provision impermissibly encroached on the judiciary’s role to administer justice in individual cases under Article 34.1 of the Constitution, and breached the constitutional principle of the separation of powers. The Court noted that the penalty discriminated between different categories of persons (those who may not have committed an offence previously and those that have done so) and therefore was an interference by the legislature with the administration of justice, a function reserved to the Judiciary.
As such, my Department is proposing to repeal provisions which provide for mandatory minimum sentences for second or subsequent offences from legislation on firearms / explosives, misuse of drugs, receiving stolen goods, illicit distillation / liquor licensing, false imprisonment, threats of harm, organised crime and blackmail / extortion.
While the distinction here - that all of these provisions relate to mandatory minimum sentences for second or subsequent offences, as opposed to mandatory minimum sentences in general - is a real and important one, in the Ellis case, the Supreme Court made a general point that sentencing always involves a consideration of the following factors by the Judiciary:
- the gravity of the offence,
- circumstances in which it was committed,
- the personal situation of the accused, and
- mitigating factors.
478. Deputy Fergus O'Dowd asked the Minister for Justice the status of discussions that have taken place within her Department notwithstanding the creation of the community safety innovation fund on whether monies seized under the statutory remit of the Criminal Assets Bureau will be redirected to local frontline community services in areas most affected by criminality; and if she will make a statement on the matter. [44447/21]
View answerAs the Deputy will be aware, Minister McGrath and Minister McEntee have agreed, in principle, to establish the new Community Safety Innovation Fund. The scheme, when established, will consider applications to allocate funds to community safety projects and other policy initiatives in the area including the work of the new Local Community Safety Partnerships.
This new fund will reflect the significant successes of An Garda Síochána and the Criminal Assets Bureau in disrupting criminal activity and seizing proceeds of crime, by providing additional funding for investment in community safety projects.
The details of how the fund will be allocated will be finalised as part of the budgetary process. All monies seized by CAB are remitted to the Central Fund of the Exchequer after the appropriate statutory time frame under the Proceeds of Crime Act (currently seven years must elapse from date of seizure to remittance to the Exchequer). As the Deputy will be aware, management of the Central Fund is a matter for the Minister for Public Expenditure and rests outside of my remit.
479. Deputy Bernard J. Durkan asked the Minister for Justice if applications for visas can be treated with urgency in the case of the family of a person (details supplied); and if she will make a statement on the matter. [44448/21]
View answerThe visa applications referred to by the Deputy were created online on 29 March 2021. The supporting documentation and fees were received on 10 May 2021 in the Abuja visa office. These applications are currently awaiting comprehensive examination.
In accordance with the Department's Policy Document on Non-EEA Family Reunification, processing of family reunification visa applications, such as these may take up to 6 months to determine from the date documentation is received in the relevant Visa Office.
However, the Visa Office endeavours to have applications of this nature processed earlier than this, where possible. In order to be fair to all applicants, applications are processed in order by date received in the Visa Office.
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.
480. Deputy Noel Grealish asked the Minister for Justice the number of persons who reoffended while released on bail for other alleged crimes during each of the past five years; the breakdown of the types of crime allegedly committed while on bail; and if she will make a statement on the matter. [44525/21]
View answer481. Deputy Noel Grealish asked the Minister for Justice the steps being taken to restrict the granting of bail to serial or repeat offenders; and if she will make a statement on the matter. [44526/21]
View answerI propose to take Questions Nos. 480 and 481 together.
As the Deputy will recall from my response to Dáil question 1,364 of 27 July 2021, the decision to grant bail in a particular case is a matter for the presiding Judge, who is independent in the exercise of his or her judicial functions. There is also a constitutional presumption in favour of the granting of bail as, under Irish Law, a person is presumed innocent until proven guilty. The Criminal Justice Act 2017 strengthens the operation of the bail system with the aim of making the law as effective as possible in protecting the public against crimes committed by persons on bail.
Under the Act, the Court is required to have regard to persistent serious offending by an applicant for bail and the nature and seriousness of any danger presented by the granting of bail to a person charged with an offence that carries a penalty of 10 years’ imprisonment or more. The Court also has the power, in certain cases, to hear evidence from the victim of an offence before a decision on bail is taken. Where an accused person is granted bail, the Act provides for stricter bail terms for repeat serious offenders, including the use of curfews and strengthens Garda powers to deal with breaches of bail.
The information requested by the Deputy has been sought from the Central Statistics Office (CSO). The tables attached provided by the CSO details the number of crime incidents recorded on PULSE where at least one suspected offender is recorded as having been on bail at the time of the offence. The tables do not provide any information on the number of crime recorded incidents which subsequently led to a prosecution or which following prosecution resulted in conviction.
It is important to note that the CSO classifies these figures as under reservation. This categorisation indicates that the quality of these statistics do not meet the standards required of official statistics published by CSO. More information in this regard can be found on the website of the CSO at www.cso.ie/en/methods/crime/statisticsunderreservationfaqs/.
The way in which suspected offenders were recorded by An Garda Síochána changed in early 2018. This is the reason that years 2018 to 2020 are presented in separate tables.
As such, the 'before' and 'after' are not directly comparable and these figures may increase over time as more investigations reach conclusion.
|
Recorded crime incidents (where at least one suspected offender recorded as being on bail), 2016 to 2017 |
||
|
By type of offence committed. |
||
|
Incident Type |
2016 |
2017 |
|
01 Homicide Offences |
8 |
6 |
|
02 Sexual Offences |
23 |
36 |
|
03 Attempts/Threats to Murder, assaults, harassments and related offences |
756 |
945 |
|
04 Dangerous or Negligent Acts |
430 |
503 |
|
05 Kidnapping and Related Offences |
8 |
13 |
|
06 Robbery, Extortion and Hijacking Offences |
323 |
370 |
|
07 Burglary and Related Offences |
1346 |
1415 |
|
08 Theft and Related Offences |
5998 |
7085 |
|
09 Fraud, deception and Related Offences |
242 |
284 |
|
10 Controlled Drug Offences |
1983 |
2024 |
|
11 Weapons and Explosives Offences |
441 |
465 |
|
12 Damage to Property and to the Environment |
868 |
862 |
|
13 Public Order and other Social Code Offences |
4260 |
5168 |
|
15 Offences against Government, Justice Procedures and Organisation of Crime |
8811 |
9515 |
|
These statistics are categorised as Under Reservation. This categorisation indicates that the quality of these statistics do not meet the standards required of official statistics published by CSO |
||
|
see http://www.cso.ie/en/methods/crime/statisticsunderreservationfaqs/ |
||
|
Recorded crime incidents (where at least one suspected offender recorded as being on bail), 2018-2020 |
|||
|
By type of offence committed. |
|||
|
Incident Type |
2018 |
2019 |
2020 |
|
01 Homicide Offences |
9 |
3 |
14 |
|
02 Sexual Offences |
32 |
26 |
22 |
|
03 Attempts/Threats to Murder, assaults, harassments and related offences |
888 |
1199 |
1384 |
|
04 Dangerous or Negligent Acts |
519 |
694 |
929 |
|
05 Kidnapping and Related Offences |
8 |
9 |
20 |
|
06 Robbery, Extortion and Hijacking Offences |
362 |
374 |
292 |
|
07 Burglary and Related Offences |
1298 |
1320 |
1272 |
|
08 Theft and Related Offences |
7727 |
8737 |
8278 |
|
09 Fraud, deception and Related Offences |
307 |
374 |
249 |
|
10 Controlled Drug Offences |
2306 |
3314 |
3682 |
|
11 Weapons and Explosives Offences |
517 |
647 |
786 |
|
12 Damage to Property and to the Environment |
944 |
1195 |
1445 |
|
13 Public Order and other Social Code Offences |
5355 |
6654 |
8003 |
|
15 Offences against Government, Justice Procedures and Organisation of Crime |
6478 |
6876 |
3706 |
|
These statistics are categorised as Under Reservation. This categorisation indicates that the quality of these statistics do not meet the standards required of official statistics published by CSO |
|||
|
see http://www.cso.ie/en/methods/crime/statisticsunderreservationfaqs/ |
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482. Deputy Noel Grealish asked the Minister for Justice the number of persons that have availed of free legal aid over each of the past five years by category of alleged crime; the proportion of them that have been convicted; the number that had previously been granted free legal aid in respect of other offences; and if she will make a statement on the matter. [44527/21]
View answer483. Deputy Noel Grealish asked the Minister for Justice the policy measures being considered by her Department to restrict access to free legal aid by repeat offenders including measures such as requiring them to pay a contribution towards the cost of their defence; and if she will make a statement on the matter. [44528/21]
View answer484. Deputy Noel Grealish asked the Minister for Justice the cost of providing free legal aid over each of the past five years by county; the average cost per alleged offender; the average payment to legal practitioners over the same period; and if she will make a statement on the matter. [44529/21]
View answerI propose to take Questions Nos. 482 to 484, inclusive, together.
The Criminal Justice (Legal Aid) Act, 1962, which is the primary legislation covering the operation of the Criminal Legal Aid Scheme, provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings.
Under the Scheme, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant for legal aid must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal aid themselves. The 1962 Act specifies that the court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid.
The provision of criminal legal aid in circumstances where a person is unable to fund their own criminal defence has been established as a Constitutional right in Irish law. There is no limit to the number of times that a person can be granted legal aid under the Scheme. Whether or not an applicant has received legal aid previously and / or has previous convictions is not considered in determining eligibility for legal aid.
It is not possible to provide the data on the cost of legal aid by county as the system is largely paper based and figures are not kept in such a manner that this data can be retrieved. As legal aid data is also not captured by offender neither is it possible to provide data on the costs per offender.
The costs for the main Criminal Legal Aid Scheme for each of the years 2016 to 2021 (to end August) was as follows:
|
Year |
Expenditure |
|
2016 |
€52.9 million |
|
2017 |
€58.1 million |
|
2018 |
€64.8 million |
|
2019 |
€65.1 million |
|
2020 |
€62.2 million |
|
2021 (to end August) |
€46.0 million |
Payments to legal practitioners for the period 2016 – 2020 are as follows:
|
2016 |
2017 |
2018 |
2019 |
2020 |
|
|
Solicitors |
29.3M |
32.2M |
32.8M |
34.4M |
34.2M |
|
Counsel |
19.8M |
21.5M |
24.4M |
23.1M |
23.3M |
485. Deputy Noel Grealish asked the Minister for Justice the categories of victims of crime that are currently entitled to free legal aid; the number that have availed of this service by year; her plans to extend this to other victims of crime; and if she will make a statement on the matter. [44530/21]
View answerI refer the Deputy to my response provided on 27 July 2021 in respect of Dáil question number 1,368 and can confirm that the position remains unchanged.
486. 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. [44571/21]
View answerAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 10 October 2018. 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.
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.
487. Deputy Neale Richmond asked the Minister for Justice the steps being taken to combat human trafficking in Ireland; if coordinated work is ongoing between An Garda Síochána and the Police Service of Northern Ireland to tackle this issue; and if she will make a statement on the matter. [44581/21]
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. 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 Victim's 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.
In addition to highlighting the ongoing work underway to combat human trafficking and support those who are victims of it, I think it is also 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.
An Garda Síochána has committed significant resources to the investigation and prosecution of human trafficking in Ireland. A specialised Garda Unit, the Human Trafficking Investigation and Co-ordination Unit (HTICU), has been in place since 2009 to conduct investigations into human trafficking. It also provides advice, support and where necessary, operational assistance to investigations at district level. An Garda Síochána is also active in relation to trafficking gangs through work targeting organised crime - targeting their finances, their use of the internet and by working closely with other jurisdictions.
A High Level Group established in November 2019, which includes An Garda Síochána, my Department and the Office of the DPP, meets regularly and keeps the legislative and operational framework for investigation and prosecution of trafficking under review.
I can advise the Deputy that human trafficking is on the agenda for the North South Policy Advisory Group (PAG) on victims and was mentioned at a meeting of Chairs of all the PAGs this week.
There is ongoing cooperation between An Garda Síochána and the Police Service of Northern Ireland on human trafficking and the two Departments and police services will explore how this might be further enhanced in the context of the development of a new Action Plan on Human Trafficking in this jurisdiction.
488. Deputy Richard Boyd Barrett asked the Minister for Justice the process for an applicant for naturalisation who is short of the reckonable residency requirement due to their stamp 4 GNIB card renewal being delayed during Covid-19; if they can request her to grant residency due to special circumstances; if the applicant must have a live application in order to request same; if so, the way this can be achieved with the reckonable residency requirement falling short; and if she will make a statement on the matter. [44641/21]
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 accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation, including the residency requirement, can only be made after an application is received.
Minister Humphreys and I recently announced a final temporary extension of immigration and international protection permissions to 15 January 2022. This extension of permission will allow adequate time for everyone, who is covered by this final temporary extension, to either register or renew their permission, where that permission can be renewed, by 15 January 2022 to ensure that they have a qualifying permission to remain in the State after that date.
This final extension of immigration permissions provides that people who held a valid permission to be in the State in March 2020 are legally permitted to remain until 15 January 2022, even if their Irish Residence Permit (IRP) card has expired and they are awaiting a new one. All the other terms and conditions of the immigration permission remain the same.
Therefore, where a person held an in date immigration permission on 20 March 2020, that was reckonable for the purpose of making an application for a Certificate of Naturalisation, and has relied on the eight emergency extensions of permissions to remain in the State, and there are no reasons why that permission should not be renewed, then the period of extension from the 20 March 2020 to 15 January 2022 will be considered reckonable and meeting the criteria when submitting an application for a Certificate of Naturalisation.
489. Deputy Carol Nolan asked the Minister for Justice if she is advancing proposals to offer leave to remain to persons who have spent more than two years in direct provision as part of efforts to reduce the current backlog of applications; and if she will make a statement on the matter. [44654/21]
View answer490. Deputy Carol Nolan asked the Minister for Justice the number of applications made for international protection in Ireland in each of the years 2001 to 2020 and to date in 2021; the number of negative decisions for each of those years in which all avenues of appeal were exhausted in tabular form; and if she will make a statement on the matter. [44656/21]
View answerI propose to take Questions Nos. 489 and 490 together.
The statistics requested by the Deputy are set out in the attached tables.
Since the commencement of the International Protection Act 2015 on 31 December 2016, a single application procedure applies where all aspects of a person's application (refugee status, subsidiary protection status and permission to remain) are examined and determined in one process. Prior to this, the three strands were examined sequentially and this could lead to long delays in obtaining a final decision.
My Department is committed to implementing the key recommendations in the Expert Advisory Group Report to reduce processing times of both first instance decisions and appeals to 6 months respectively, as outlined in the White Paper to End Direct Provision and Establish a New International Protection Support Service.
The White Paper proposes that the new system should be phased in and operational by 2024 and that the intervening period should provide an opportunity to progress improvements in the overall processing times for international protection.
Work is under way in my Department towards identifying mechanisms which will assist with this. For example, additional ICT resources have been secured for this year, and detailed practical work, including the end-to-end review of relevant international protection processes by a multi-disciplinary team from within my Department, has now been completed.
My Department's main focus now is to get its processing system functioning as effectively and efficiently as possible, while adhering to all measures in place to combat the spread of COVID-19.
A number of initiatives have already been introduced, including the relocation of the Ministerial Decisions Unit to the International Protection Office (IPO) premises to improve work processes; the designation of the International Protection Appeals Tribunal as a body authorised to hold remote hearings; and the holding of virtual interviews with some applicants living outside of Dublin by the IPO, which resumed on 10 May.
The IPO has also put in place a range of measures to improve efficiencies across a number of work streams, such as improved processes, implementation of non-cooperation measures, and initiatives to speed up the return of completed questionnaires from applicants. A new, shorter and more user-friendly questionnaire is being used since 28 June and the IPO has also agreed a new prioritisation schedule with UNHCR that is effective from 14 June.
My Department will, by October 2022 at the latest, commence a review of progress made in reducing and improving processing times and based on the outcome of that review, decide by the end of 2022, whether additional measures are required in order to ensure that the new system can come into operation without the overhang of any significant number of legacy cases.
As requested by the Deputy the table below sets out the total number of applications for asylum / international protection between the years 2001 to date.
|
Year of Application |
No. of Applications for Asylum 2001 - 2016 |
|
2001 |
10,325 |
|
2002 |
11,364 |
|
2003 |
7,900 |
|
2004 |
4,766 |
|
2005 |
4,323 |
|
2006 |
4,314 |
|
2007 |
3,985 |
|
2008 |
3,866 |
|
2009 |
2,689 |
|
2010 |
1,939 |
|
2011 |
1,290 |
|
2012 |
956 |
|
2013 |
946 |
|
2014 |
1,448 |
|
2015 |
3,276 |
|
2016 |
2,244 |
|
Year of Application |
No. of Applications for International Protection 2017- 2021* (end August – Provisional) |
|
2017 |
2,920 |
|
2018 |
3,674 |
|
2019 |
4,781 |
|
2020 |
1,566 |
|
2021* |
1,148 |
The tables below set out the number of negative decisions for each of those years in which all avenues of appeal were exhausted. The breakdown sought is not readily available for the years 2001-2008. For those years my Department has been able to provide the total numbers of all asylum refusals only.
The table below sets out the total number of MDU refusal decisions (decisions for all applications irrespective of whether there was an appeal).
|
Year of Decision |
No. of Decisions |
|
2001 |
2 |
|
2002 |
2335 |
|
2003 |
5087 |
|
2004 |
7342 |
|
2005 |
4917 |
|
2006 |
2076 |
|
2007 |
3059 |
|
Total |
24818 |
The table below sets out the number of MDU refusal decisions after an appeal.
|
Year of Decision |
No. of Decisions |
|
2008 |
1353 |
|
2009 |
2343 |
|
2010 |
1607 |
|
2011 |
632 |
|
2012 |
240 |
|
2013 |
145 |
|
2014 |
71 |
|
2015 |
217 |
|
2016 |
295 |
|
2017 |
257 |
|
2018 |
375 |
|
2019 |
760 |
|
2020 |
528 |
|
2021 |
400 |
|
Total |
9223 |
The figures in the tables above refer to the year in which the decision was made and not necessarily to the year in which the application was made.
491. Deputy Holly Cairns asked the Minister for Justice the locations of all offices and buildings either owned or used by her Department or by public bodies and agencies that operate under her remit which are usually open to the public to access services. [44917/21]
View answerThe Department of Justice Immigration Service Delivery offices located at Burgh Quay and the International Protection Office on Lower Mount Street in Dublin are open to the public to access services.
The International Protection Appeals Tribunal (IPAT) premises on Hanover Street is provided and managed by the Department of Justice Corporate Facilities Unit. Onsite hearing rooms and facilities that are usually available to parties to Tribunal hearings, are currently not in use as part of COVID-19 controls. However, the Tribunal intends to resume onsite hearings on a phased basis from the 4th October 2021.
The locations of all offices and buildings either owned or used by agencies, offices or bodies under the aegis of the Department which are usually open to the public to access services are as follows:
Garda Síochána Ombudsman Commission
The Garda Síochána Ombudsman Commission’s (GSOC) office located at 150, Abbey Street Upper, Dublin 1, which is usually open to the public to access services, is currently closed due to COVID-19 restrictions. It is planned that the public office will reopen during October.
While GSOC offices in Longford (IDA Business Park, Ballinalee Road, Co. Longford N39 A308) and Cork (Unit 4D The Atrium, Blackpool Retail Park , Co Cork. T23T2VY) are not open to the public to access services, they are accessed by the public from time to time to meet with GSOC staff for meetings and interviews.
Insolvency Service of Ireland
The Insolvency Service of Ireland (ISI) is located at Block 2, Phoenix House, Conyngham Road, Dublin, 8 D08 T3CK. The only service available to the public is access to Registers. Any party who wishes to search or inspect the Register of EU Personal Insolvencies or any of the registers maintained by the ISI under the Personal Insolvency Act 2012 can do so. However, due to the Covid-19 pandemic this service is currently available by appointment only.
An Garda Síochána
Details of the extensive network of Garda stations along with contact information is available on the Garda website at the following link: www.garda.ie/en/contact-us/station-directory/ Legal Aid Board
The Legal Aid Board has a national network of law centres and mediation centres which are open to the public to access services.
Legal Aid Board law centres are open to the public and details of the locations of these law centres is available on the Legal Aid Board website at: www.legalaidboard.ie/en/contact-us/find-a-law-centre/
Details of Legal Aid Board mediation centres are available at: www.legalaidboard.ie/en/contact-us/find-a-mediation-office/
The Probation Service
The Probation Service has 35 offices nationwide which are open to clients on an appointment only basis. Details of these locations are available on their website at: www.probation.ie/jn/PB/officecontactspage?readform
Property Services Regulatory Authority
The PSRA’s Navan office is usually open to the public to access services. The public office was closed at the onset of Covid-19 and remains closed at this time. All PSRA services can be accessed online and staff are available by phone or email to address any public queries or to provide any required assistance.
Courts Service
I am informed by the Courts Service that all court buildings are open to the public. The table below outlines the buildings which are in active use.
|
Carlow |
|
Carlow Courthouse, Court Place, Co. Carlow |
|
Cavan |
|
Cavan Courthouse, Farnham Street, Co. Cavan |
|
Virginia Courthouse, Main Street, Virginia, Co. Cavan |
|
Clare |
|
Ennis Courthouse, Gort Road, Ennis, Co. Clare |
|
Kilrush Courthouse, Moore Street, Kilrush, Co. Clare |
|
Cork |
|
Bandon Courthouse, Emmet Row, Bandon, Co. Cork |
|
Bantry Courthouse, Bantry, Co. Cork |
|
Clonakilty District Court Office, Block H, The Waterfront, Clarke Street, Clonakilty, Co. Cork, P85 YF96 |
|
Clonakilty Courthouse, Connolly Street, Clonakilty, Co. Cork |
|
Cork Circuit Court, The Courthouse, Washington Street, Cork City |
|
Cork District Court, Anglesea Street, Cork City |
|
Fermoy Courthouse, Courthouse Road, Fermoy, Co. Cork |
|
Macroom Courthouse, Barrack Lane, Macroom, Co. Cork |
|
Mallow District Court, The Courthouse, William O'Brien Street, Mallow, Co. Cork |
|
Midleton Courthouse, Main Street, Midleton, Co. Cork |
|
Skibbereen Courthouse, North Street, Skibbereen, Co. Cork |
|
Youghal District Court, Mall Arts Centre, Youghal, Co. Cork |
|
Youghal Court Office, 58/59 South Main Street, Quay Lane, Youghal, Co. Cork |
|
Donegal |
|
Ballyshannon Courthouse, Portnason, Ballyshannon, Co. Donegal |
|
Buncrana Courthouse, Main Street, Buncrana, Co. Donegal |
|
Donegal Courthouse, Tirchonal Street, Co. Donegal |
|
Donegal District Court Office, Diver Building, Bridge Street, Donegal Town |
|
An Clocan Laith, Dungloe, Co. Donegal |
|
Glenties Courthouse, Community Centre,Co. Donegal |
|
Letterkenny Courthouse, High Road, Letterkenny, Co. Donegal |
|
Dublin |
|
Aras Ui Dhalaigh, Inns Quay, Dublin 7 |
|
Balbriggan Courthouse, The Square, Balbriggan, Co. Dublin |
|
Blanchardstown Courthouse, Block 4, Grove Court, Grove Road, Blanchardstown, Dublin 15 |
|
Bridewell Courthouse, Chancery Street, Dublin 7 |
|
Chancery Place Courthouse, Chancery Place, Dublin 7 |
|
Childrens Courts, 6 Smithfield, Dublin 7 |
|
Cloverhill Courthouse, Cloverhill Road, Dublin 22 |
|
Criminal Courts of Justice, Parkgate Street, Dublin 8 |
|
Dolphin House, East Essex Street, Dublin 2 |
|
Dun Laoghaire Courthouse, Corrig Avenue, Dun Laoghaire, Co. Dublin |
|
Four Courts Complex, Inns Quay, Dublin 7 |
|
Green Street Courthouse, Halston Street, Dublin 7 |
|
Court of Appeal, Inns Quay, Church Street, Dublin 7 |
|
Phoenix House, 15/24 Phoenix Street North, Smithfield, Dublin 7 |
|
Swords District Court Office, Units 2, 3, 4 & 5, Bridge Street, Swords, Co. Dublin |
|
Swords Courthouse, North Street, Swords, Co. Dublin |
|
Tallaght Courthouse, Westpark, Tallaght, Dublin 24 |
|
Legal Cost Adjudicators Office, 25/26 Merchants Hall & 27/30 Merchants House, Merchants Quay, Dublin 7 |
|
Galway |
|
Ballinasloe Courthouse, Society Street, Ballinasloe, Co. Galway |
|
Clifden Courthouse, Galway Road, Clifden, Co. Galway |
|
Derrynea Courthouse, Casla, Connemara, Co. Galway |
|
Galway Courthouse, Courthouse Square, Co. Galway |
|
Gort Courthouse, The Square, Gort, Co. Galway |
|
Kilronan Courthouse, Inishmore, Aran Islands, Co. Galway |
|
Loughrea Courthouse, The Green, Loughrea, Co. Galway |
|
Tuam Courthouse, Weir Road, Co. Galway |
|
Kerry |
|
Caherciveen Courthouse, New Market Street, Caherciveen, Co. Kerry |
|
Dingle Courthouse, The Mall, Dingle, Co. Kerry |
|
Kenmare Courthouse, The Square, Kenmare, Co. Kerry |
|
Killarney Courthouse, Fair Hill, Killarney, Co. Kerry |
|
Listowel Courthouse, Courthouse Road, Listowel, Co. Kerry |
|
Tralee Court Offices, 203 & 204 Centrepoint, John Joe Sheehy Road, Tralee, Co. Kerry |
|
Tralee Courthouse, Ashe Street, Tralee, Co. Kerry |
|
Kildare |
|
Athy Courthouse, Emily Square/Back Square, Athy, Co. Kildare |
|
Naas Courthouse, Main Street South, Naas, Co. Kildare |
|
Kilkenny |
|
Kilkenny Courthouse, Parliament Street, Co. Kilkenny |
|
Laois |
|
Portlaoise Courthouse, Main Street, Portlaoise, Co. Laois |
|
Leitrim |
|
Carrick on Shannon Courthouse, Carrick on Shannon, Co. Leitrim |
|
Manorhamilton Courthouse, The Glens Centre, Co. Leitrim |
|
Limerick |
|
Limerick Courthouse, Merchants Quay, Limerick City |
|
Limerick Courthouse, Mulgrave Street, Co. Limerick |
|
Newcastlewest Courthouse, Bishop Street, Newcastlewest, Co. Limerick |
|
Kilmallock Courthouse, Millmount, Kilmallock, Co. Limerick |
|
Longford |
|
Longford Courthouse, Main Street, Co. Longford |
|
Louth |
|
Ardee Courthouse, Faire Green, Ardee, Co. Louth |
|
Drogheda Courthouse, St. Patricks, Well Lane, Co. Louth |
|
Dundalk Courthouse, Crowe Street, Dundalk, Co. Louth |
|
Mayo |
|
Achill Courthouse, Achill Sound, Achill, Co. Mayo |
|
Ballina Courthouse, Kevin Barry Street, Ballina, Co. Mayo |
|
Belmullet Courthouse, Belmullet Civic Centre, Town Park, Belmullet, Co. Mayo |
|
Castlebar Courthouse, The Mall, Castlebar, Co. Mayo |
|
Meath |
|
Navan Courthouse, Kennedy House, Navan, Co. Meath |
|
Trim Courthouse, Castle Street, Trim. Co. Meath |
|
Monaghan |
|
Carrickmacross Courthouse, Main Street, Carrickmacross, Co. Monaghan |
|
Monaghan Courthouse, Church Square, Co. Monaghan |
|
Offaly |
|
Tullamore Courthouse, Cormac Street, Tullamore, Co. Offaly |
|
Roscommon |
|
Ballaghaderreen Courthouse, Main Street, Ballaghaderreen, Co. Roscommon |
|
Castlerea Courthouse, Barrack Street/Main Street, Castlerea, Co. Roscommon |
|
Harristown Courthouse, Castlerea, Co. Roscommon |
|
Roscommon Office, Government Buildings, Golf Links Road, Co. Roscommon |
|
Roscommon Courthouse, Abbey Street, Co. Roscommon |
|
Strokestown Courthouse, Church Street, Strokestown, Co. Roscommon |
|
Sligo |
|
Sligo Courthouse, Teeling Street, Co. Sligo |
|
Tubbercurry Courthouse, Humbert Street, Tubbercurry, Co. Sligo |
|
Tipperary |
|
Carrick on Suir Courthouse, Carrick on Suir, Co. Tipperary |
|
Cashel Courthouse, Commandant P.J. Hogan Square, Cashel, Co. Tipperary |
|
Clonmel Court Office, The Courthouse, Nelson Street, Clonmel, Co. Tipperary |
|
Nenagh Courthouse, Bamba Square, Nenagh, Tipperary North |
|
Thurles Courthouse, Pudding Lane, Thurles, Co. Tipperary |
|
Waterford |
|
Dungarvan Courthouse, T. F. Meagher Street, Dungarvan, Co. Waterford |
|
Lismore Courthouse, Lismore, Co. Waterford |
|
Waterford Court Office, The Courthouse, Catherine Street, Co. Waterford |
|
Westmeath |
|
Athlone Courthouse, Pearse Street, Athlone, Co. Westmeath |
|
Mullingar Courthouse, Mount Street, Mullingar, Co. Westmeath |
|
Wexford |
|
Gorey Courthouse, Civic Offices, Civic Square, The Avenue, Gorey, Co. Wexford |
|
Wexford Courthouse, Belvedere Road, Co. Wexford |
|
Wicklow |
|
Arklow Courthouse, Main Street, Arklow, Co. Wicklow |
|
Bray Courthouse, Block D, Cualann Civic Centre, Main Street, Co. Wicklow |
492. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for residency in the case of a person (details supplied); when a decision is likely to issue; and if she will make a statement on the matter. [44956/21]
View answerIn response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned. These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made. 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.
493. Deputy Jennifer Carroll MacNeill asked the Minister for Justice further to Parliamentary Question No. 130 of 8 July 2021, the status of citizenship applications; the number of applications that are currently awaiting processing and decision; and if she will make a statement on the matter. [44977/21]
View answer494. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the number of persons who have been granted Irish citizenship to date in 2021; and if she will make a statement on the matter. [44978/21]
View answerI propose to take Questions Nos. 493 and 494 together.
The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.
I am deeply conscious of how important the granting of naturalisation is to those who apply for it and my Department has continued to accept and process citizenship applications throughout the pandemic and at all levels of public health restrictions. However, processing rates have been negatively impacted by the necessary health and safety related restrictions imposed and it has not been possible to hold in-person citizenship ceremonies since March 2020.
This has further exacerbated significant delays which arose from a High Court case in 2019, which was subsequently successfully appealed to the Court of Appeal. Unfortunately that resulted in the loss of over six months’ processing time, before the appeal resolved the issue.
This accumulated delay in 2019 combined with the impact of the pandemic since March 2020 means that, regrettably, there are just over 22,210 applications currently on hand. These applications are at various stages of processing, ranging from those just received to those where a decision has been made and are "ceremony ready".
To deal with applicants that were in the final stages of processing, on 18 January 2021, my Department opened a temporary system to enable applicants to complete their naturalisation process by signing a statutory declaration of loyalty. Since then, my Department has delivered on its commitment to communicate with 6,500 applicants by the end of June, inviting them to complete the final steps required prior to the granting of a certificate of naturalisation.
As of 15 September 2021, 6,167 certificates of naturalisation have been issued so far this year. A further 1,000 people have paid the statutory fee and will receive their certificates in the coming weeks.
Since the beginning of this week, the staff of the Citizenship Division of my Department have returned to the office on a new attendance pattern that will see a gain of approximately 500 production hours per week due to increased footfall on-site. To further address the volume of applications on hand, additional staff are being assigned to the citizenship team; and a number of digitisation measures have been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments.
The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times. Based on this, my objective is to achieve an improved decision making timeframe of 6-9 months for a majority of applications during 2022.
