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Thursday, 21 Oct 2021

Written Answers Nos. 141-151

Naturalisation Applications

Questions (141)

Aindrias Moynihan

Question:

141. Deputy Aindrias Moynihan asked the Minister for Justice when the resumption and progression to decision on all naturalisation applications currently waitlisted will occur; when the return of original documentation is expected on these applications; and if she will make a statement on the matter. [51709/21]

View answer

Written answers

I am deeply conscious of how important the granting of naturalisation is to those who apply for it and my Department continued to accept and process citizenship applications throughout the pandemic and during all levels of public health restrictions. 

Under normal circumstances, passports are returned approximately 10 days after their receipt.  However, limits on staff attendance in the office due to COVID-19 restrictions have resulted in delays in the return of some passports. However, is a requirement of the naturalisation process that a current passport must accompany every application. The identity of every applicant must be confirmed to the greatest extent possible and a passport is a primary identifier.  

At this time applicants are advised not to send in their application during the pandemic if they anticipate that they may have to travel at short notice. However, I fully appreciate that people may have to travel at short notice for emergency reasons or require their passports for official reasons.  In these circumstances, applicants should email the citizenship helpdesk at citizenshipinfo@justice.ie with the relevant details. Any request must be accompanied by appropriate scanned supporting material, for example, in the case of travel, detailing the reasons for travel, such as medical information. Any request of this nature is dealt with promptly.

Currently, there are just over 22,200 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", and my Department is taking a number of steps to speed up the processing of applications.

In January, my Department opened a temporary system to enable these applicants to complete their naturalisation process by signing a statutory declaration of loyalty.  Almost 6,200 certificates have been issued so far and a further 1,000 people will receive their certificates in the coming weeks. My Department has prioritised the oldest applications on hand and a significant number of these applicants have received their certificates since the start of the year.

A number of digitisation measures have also 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.

This year, we are on track to deliver approximately 11,000 decisions, significantly exceeding the levels achieved in the last two years. Additional staff have also been assigned to the citizenship team.  Based on these measures, my Department's objective is to achieve an improved timeframe of 6-9 months for decisions on a majority of applications during 2022. 

I am also pleased to confirm that, subject to public health guidelines, my Department intends to host an in-person citizenship ceremony on 13 December in Killarney - the first since the pandemic began in March 2020.

An Garda Síochána

Questions (142)

Pádraig O'Sullivan

Question:

142. Deputy Pádraig O'Sullivan asked the Minister for Justice if her attention has been drawn to the fact that drug offences in Cork are rising; the drug squad numbers in the Cork division in each the years 2019, 2020 and to date in 2021; and if she will make a statement on the matter. [51549/21]

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Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible under the law for the management, administration and operational functions of An Garda Síochána. The detection of and response to any criminal activity, and the distribution of Garda resources are strictly operational matters for the Commissioner and his management team. As Minister, I have no direct role in the On 1st July 2021 An Garda Síochána commenced an enhanced national anti-drugs strategy - Operation Tara.

I welcome Operation Tara, the goal of which is to protect communities from the scourge of illegal drugs in line with An Garda Síochána’s mission of Keeping People Safe. The focus of Operation Tara is to disrupt, dismantle and prosecute drug trafficking networks, at all levels - international, national, local - involved in the importation, distribution, cultivation, production, local sale and supply of controlled drugs. Under Operation Tara, individuals and groups involved in the drug trade will be the target of enforcement activity based on intelligence and the latest crime trends.

I am advised by the Garda authorities that the additional resources that have been assigned to the drug unit as part of Operation Tara has led to an increase in the detection of crime in the Division, which has in turn has led to an approximate 7% increase in controlled drug offences in the Cork City Garda Division, according to the CSO. This also reflects the increased Garda numbers on frontline policing duties and the concentrated work of the Garda National Drugs and Organised Crime Bureau (GNDOCB) both in Cork and nationwide.

I am advised by the Garda authorities that the table below outlines the number of Garda members attached to the Drugs Unit in the Cork City Division, and the number who have been added as part of operation Tara, for the years requested by the Deputy. I am assured that the Garda authorities keep this distribution under constant review, to ensure the optimum use of available Garda members.

 

Sergeant

Garda

November 2019

2

17

November 2020

2

21 (inc.10, Operation Tara)

Currently

1

20 (inc. 10, Operation Tara)

Courts Service

Questions (143)

Paul Murphy

Question:

143. Deputy Paul Murphy asked the Minister for Justice the steps that will be taken to put protections in place for persons who are engaged in the legal system from possible harassment and abusive behaviour by judges; and if she will make a statement on the matter. [51656/21]

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Written answers

As the Deputy is aware, the judiciary are, under the Constitution, completely independent in the exercise of their judicial functions. The conduct of court business is entirely a matter for the Chief Justice and the Presidents of the Courts. 

Judicial conduct and ethical guidelines are the responsibility of the Judicial Council. As per Section 6 of the Judicial Council Act 2019, the Judicial Council is, subject to the provisions of the Act, independent in the exercise of its functions. Neither I nor my Department has any role in relation to the operation of the Council or its Committees.

One of the main pillars of the Judicial Council's remit is to promote high standards of conduct and I understand that the 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 such as harassment or abusive behaviour is, of course, a matter for An Garda Síochána.

Question No. 144 answered with Question No. 133.
Question No. 145 answered with Question No. 120.

An Garda Síochána

Questions (146)

John Lahart

Question:

146. Deputy John Lahart asked the Minister for Justice the number of gardaí currently assigned to Tallaght and Rathfarnham stations; and if she will make a statement on the matter. [51550/21]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the deployment of Gardaí. As Minister, I have no direct responsibility for this matter

I am informed by the Garda authorities that as at 30 September 2021, the latest date for which figures are available, 224 Garda members, comprising one superintendent, eight inspectors, 27 sergeants and 188 Gardaí, were assigned to Tallaght Garda Station.

I am also informed that as at the same date 47 Garda members, comprising four sergeants and 43 Gardaí, were stationed at Rathfarnham Garda Station.

Detailed information in relation to Garda numbers is available on my Department’s website. This information is updated every month with the latest data provided by An Garda Síochána, and includes the number of Gardaí by station across the whole country.

The information can be found at the following link:

http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures

An Garda Síochána

Questions (147)

Bernard Durkan

Question:

147. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which adequate resources remain available to An Garda Síochána to maximise the fight against organised crime and the activities of criminal gangs involved in drug trafficking; and if she will make a statement on the matter. [51653/21]

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Written answers

Tackling criminal gang activity is a key priority for the Government and an ongoing priority for An Garda Síochána. The Government has supported An Garda Síochána in addressing the threat from organised crime gangs through the introduction of a range of legislative measures.

This includes the Criminal Justice (Miscellaneous Provisions) Bill, which was approved for drafting in September 2020 and will provide, among other matters, for an increase in the penalty for conspiracy to murder from 10 years to life imprisonment.  

As the Deputy will be aware, the Garda Commissioner is responsible by law for the management of An Garda Síochána, including operational matters and deployment of resources. As Minister, I have no responsibility for these matters. 

An Garda Síochána continues to develop and implement strategies to dismantle and disrupt criminal networks, utilising advanced analytical and intelligence methods. Gardaí target serious criminals and organised criminal groups through the use of focused intelligence led operations by specialist units and agencies such as the Organised Crime Unit, the Criminal Assets Bureau and the National Bureau of Criminal Investigation.

The Garda National Drugs and Organised Crime Bureau (GNDOCB) is having significant success in disrupting the supply of illicit drugs by organised crime groups. Its work is supported by Divisional Drugs Units nationwide and by all Gardaí working in local communities, while working closely with international law enforcement partners.   

It is also important to note that the response to the issue of drug dealing is complex and extends far beyond policing. This broader, health led response is key to the National Drugs and Alcohol Strategy, ‘Reducing Harm, Supporting Recovery’, which is being led by my colleague Minister Frank Feighan. Gardaí work closely with local authorities, HSE, NGOs, community groups and other state agencies to tackle the problems of drug addiction and abuse.

International Protection

Questions (148)

Catherine Connolly

Question:

148. Deputy Catherine Connolly asked the Minister for Justice the details of the Afghan Admission Programme; when it is planned to open the programme to applications; and if she will make a statement on the matter. [51718/21]

View answer

Written answers

I share the Deputy’s concerns for the Afghan people and the humanitarian crisis that is unfolding in Afghanistan.

Ireland has acted swiftly and compassionately to demonstrate our support and solidarity with the Afghan people. My Department is working closely with colleagues in the Department of Foreign Affairs and the Department of Children, Equality, Disability, Integration and Youth to ensure a coordinated national response.

This includes opening the Irish Refugee Protection Programme under Minister O'Gorman's remit to Afghan persons in need of protection and working to ensure that applications received from Afghan nationals under the various State schemes for immigration residence and international protection can be prioritised for speedier processing where possible.  These schemes provide avenues for Afghan nationals to seek protection and for eligible family members living in Ireland to seek to have their close family members granted permission to reside in Ireland, where the relevant criteria are met. More than 740 Afghan nationals have already been granted permissions to reside in the State so far this year.

Myself and Minister Humphreys secured Government approval for an additional initiative: the special Afghan Admission Programme which will provide places for up to 500 Afghan family members. Each applicant will have an opportunity to nominate up to four family members who are currently residing in Afghanistan or who have fled to neighbouring territories and whom they consider would be especially at risk in terms of their freedom and safety. 

The Programme, including the detailed eligibility criteria and the application process, will be developed over the coming months, with a view to issuing a call for applications in December.

The timescale provided is to ensure that the options considered are as inclusive as possible and that the programme is available to those that most require our help. The intervening time is required to develop the details of the programme, including a guidance document for applicants, application form, decision making criteria and the appeals process. The clearer the application process is made at the outset, the quicker we will be able to process applications in the interests of those concerned.

The Programme is unique across the EU and was hailed by the UNHCR as a very welcome commitment by Ireland that will bring much solace to Afghans who are worried about their relatives abroad.

In the meantime, all current immigration avenues remain open for new applications, including visa and family reunification applications. My Department will process any new applications received speedily and sympathetically.

Inquiry into the Death of Mr. Shane O'Farrell

Questions (149)

Gino Kenny

Question:

149. Deputy Gino Kenny asked the Minister for Justice if she will provide an update in relation to a public inquiry into the death of a person (details suppled); and if she will make a statement on the matter. [51515/21]

View answer

Written answers

I wish to assure the Deputy that I recognise the ongoing pain and anguish of the O'Farrell family on the tragic death of Shane and I very deeply sympathise with them on their loss.

As the Deputy will be aware, a highly respected retired Judge, Gerard Haughton, has been conducting a scoping exercise into the tragic circumstances surrounding Shane O'Farrell's death. 

The purpose of this exercise is to advise as to whether any further investigation or inquiry beyond those already carried out is necessary and, if so, to advise on the form of such investigation or inquiry and its terms of reference.

Judge Haughton furnished an interim report to the then Minister for Justice in November 2019 in which he stated that he would not restrict or limit Shane's family in their submissions to him or the nature and extent of the documentation they wished to furnish to him in his scoping exercise.

As the Deputy will appreciate, the Judge is completely independent in conducting this scoping exercise. It is not open to me as Minister to comment on any aspect of the Judge's work or the process of compiling the final report. My Department maintains regular contact with the Judge and has assured him that any assistance he requires to complete his final report will be made available.

While I genuinely regret that this process has taken significantly longer than any of us would wish, I am also aware that the Judge is doing all that he can to ensure that the concerns which the family have raised with him during the process are followed through to the greatest extent possible. I understand that Judge Haughton has been in contact with the O’Farrell family throughout his scoping exercise.

I am informed the process is now at the stage of seeking comments on various sections of the report from the parties named in it, including my Department.  I also understand that Judge Haughton has been in touch with the O'Farrell family regarding this matter. Following receipt of responses from all relevant parties, it is understood that Judge Haughton will be in a position to finalise his report. My Department will continue to provide all necessary assistance to the Judge, and I look forward to receiving his final report in due course.

Following receipt of the final report, in line with established process, the advice of the Attorney General will be sought on publication and any other issues arising.

An Garda Síochána

Questions (150)

Thomas Pringle

Question:

150. Deputy Thomas Pringle asked the Minister for Justice the number of Garda vehicles assigned to the Donegal division; the age profile of the vehicles; and if she will make a statement on the matter. [51722/21]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the purchase, allocation, and effective and efficient use of Garda vehicles. As Minister, I have no direct role in these matters.

I am informed by the Garda authorities that the purchase, allocation and replacement of Garda vehicles is determined on the basis of identified operational demands and the availability of resources, and decisions regarding the purchase and allocation of Garda vehicles are reviewed on a continual basis.

The resources provided by government to An Garda Síochána have reached unprecedented levels, with an allocation of €1.952 billion in 2021 and over €2 billion in 2022.  This includes €12 million for investment in the Garda fleet, the application of which is a matter for the Garda Commissioner as set out above.  

The Garda authorities have advised that the tables below set out the number of vehicles in each District of the Division in question, as at 18 October 2021, and the Divisional Fleet by age as at the same date.

District

Number of Vehicles

Ballyshannon

18

Buncrana

17

Letterkenny

36

Milford

10

Donegal Division total

81

 

Age

Number of Vehicles

<1 year

20

1-2 years

13

2-4 years

14

4-6 years

19

6 + years

15

Donegal Division total

81

Departmental Strategies

Questions (151)

Colm Burke

Question:

151. Deputy Colm Burke asked the Minister for Justice the way it is envisaged the extra €6.7 million for the youth justice strategy will be invested; and if she will make a statement on the matter. [51545/21]

View answer

Written answers

As the Deputy may be aware, the Youth Justice Strategy 2021-2027 was launched earlier this year.  The immediate priority within the new Strategy is to enhance engagement with children and young people who are most at risk of involvement in criminal activity, principally by strengthening the services available through the existing network of 105 Youth Diversion Projects (YDPs) across the State.

YDPs engage with young people through a range of supports, including education, training and  employment support, social enterprise initiatives, as well as personal development and supports such as mentoring and personal development activities. Experience in the operation of the Children Act highlights the need to include children below the age of criminal responsibility (12 for  most offences) in preventative measures, and to consider the extension of measures to divert young offenders away from the criminal justice system beyond the age of 18.

The additional €6.7m provided for in Budget 2022 represents an increase of one third in support for youth justice services. It provides the resources to kick-start delivery of key objectives in the Youth Justice Strategy and, in particular, the programme to expand and deepen the range of supports made available through local YDP services. The main elements are:

- Establishment of a limited number of new youth projects and boundary extensions of existing projects so as to ensure that the youth diversion services are available throughout the State by end-2022 or shortly thereafter.

- Enhancement of the youth diversion service, in accordance with identified local needs, to include:

- Early intervention and family support work

- Outreach with harder-to-engage young people

- Support for schools to retain challenging children

- Other specific initiatives e.g. in relation to anti-social use of scramblers and knife crime issues.

- Dedicated research and expert support, including best practice support for the nationwide project network, facilitated by the Research Evidence into Policy Programmes and Practice (REPPP) project team in the University of Limerick.

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