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Wednesday, 10 Nov 2021

Written Answers Nos. 193-207

Visa Applications

Questions (193)

Michael Creed

Question:

193. Deputy Michael Creed asked the Minister for Justice the current position regarding an application for a stamp 1G visa by a person (details supplied) who has previously had a stamp 2 visa and has recently graduated and is seeking employment in the State under the third-level graduate programme; and if she will make a statement on the matter. [54824/21]

View answer

Written answers

The person referred to by the Deputy holds a Stamp 2 permission, which has been extended until 15 January 2022, under the final automatic extension of immigration permissions announced on 14 September 2021. 

It is open to the person concerned to apply for a Stamp 1G permission from their local immigration office if they meet the criteria for doing so. A Stamp 1G indicates that a person has permission to look for employment in the State under the Third Level Graduate Programme.

A Stamp 1G  is granted or renewed under the Third Level Graduate Programme where the graduate satisfies the immigration authorities that he or she has taken appropriate steps to access suitable graduate level employment, for example, attendance at job interviews, signing up with graduate employment agencies, etc.

The Third Level Graduate Programme provides that when an applicant has completed their studies in Ireland and gained an award at Level 8 on the National Framework of Qualifications (NFQ) or above, that person may qualify for a Stamp 1G for 12 months. Where an individual receives an award at Level 9 NFQ, they may qualify for a Stamp 1G for up to 24 months subject to the overall limit of 8 years on student conditions that applies.

Graduates at level 9 NFQ or above who qualify for a Stamp 1G permission will be granted the permission for 12 months initially. This can be renewed for a further period of twelve months,  subject to the overall eight year limit on student conditions not being exceeded.

As the Deputy will be aware, registrations for people living outside of the Dublin area are processed by the Garda National Immigration Bureau (GNIB) through the Garda Station network. Information on the contact details for all registration offices outside of Dublin is available at: www.garda.ie/en/contact-us/station-directory.

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.

Visa Applications

Questions (194)

Cian O'Callaghan

Question:

194. Deputy Cian O'Callaghan asked the Minister for Justice if the visa of a person (details supplied) will be extended; if so, the steps they need to take to progress same; and if she will make a statement on the matter. [54855/21]

View answer

Written answers

The person referred to by the Deputy holds a Stamp 1G Graduate permission, which is valid until 8 September 2022. A Stamp 1G indicates that a person has permission to look for employment in the State under the Third Level Graduate Programme.

A Stamp 1G  is granted or renewed under the Third Level Graduate Programme where the graduate satisfies the immigration authorities that he or she has taken appropriate steps to access suitable graduate level employment, for example, attendance at job interviews, signing up with graduate employment agencies etc.

The Third Level Graduate Programme provides that when an applicant has completed their studies in Ireland and gained an award at Level 8 on the National Framework of Qualifications (NFQ) or above, that person may qualify for a Stamp 1G for 12 months. Where an individual receives an award at Level 9 NFQ, they may qualify for a Stamp 1G for up to 24 months subject to the overall limit of 8 years on student conditions that applies.

Graduates at level 9 NFQ or above who qualify for a Stamp 1G permission will be granted the permission for 12 months initially. This can be renewed for a further period of twelve months, subject to the overall eight year limit on student conditions not being exceeded.

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.

Departmental Advertising

Questions (195)

Peadar Tóibín

Question:

195. Deputy Peadar Tóibín asked the Minister for Justice the total amount spent by her Department on advertisements, including traditional forms of advertisement and online advertising, in each of the past ten years and to date in 2021. [54912/21]

View answer

Written answers

The amount spent by my Department on advertisements in each of the past ten years and to date in 2021 is set out in tabular form below.

Year

Costs 

2011

113,243

2012

 68,797

2013

 60,152

2014

 80,416

2015

108,001

2016

 52,868

2017

120,685

2018

 70,909

2019

102,607

2020

 35,737

2021

 76,551

The Deputy may also wish to note that my Department has responsibility for the six year, two-part ‘No Excuses’ national campaign to tackle domestic and sexual violence. This is a key action under the Second National Strategy, Domestic Sexual and Gender Based Violence, and has been running since 2016.

The funding for the ‘Still Here’ campaign, highlighting the supports for victims of domestic violence, and their ongoing availability throughout the pandemic, was also funded by my Department.

Each year in the run up Halloween, my Department also runs an annual awareness raising campaign to highlight the dangers and penalties associated with the use of illegal fireworks.

Spend for the Domestic, Sexual and Gender Based Violence campaigns from 2016 to date is set out below.

Year 

Costs

2016

668,510.42

2017

910,998.00

2018

921,593.92

2019

677,107.23

2020

1,228,936.66

2021 (To date)

750,795.19

Figures for spending on the annual fireworks campaign are set out below.

Year 

Costs

2016

34,680.70

2017

36,676.44

2018

29,090.89

2019

17,840.81

2020

33,756.46

The fireworks awareness raising campaigns in 2016 and 2017 were predominately newspaper based, however, from 2018 onwards they have focused more on an online presence. The budget for the Fireworks awareness raising campaign allocated for 2021 is €44,091.44. As this campaign has only recently come to a close all amounts that will fall due have not yet been invoiced. It is expected that all relevant invoices will be processed for payment before the end of the year.

Probate Applications

Questions (196)

Chris Andrews

Question:

196. Deputy Chris Andrews asked the Minister for Justice the average timeframe it is taking to receive an appointment with the Probate Office from the time an initial application is lodged; and the length of time is it taking for each application to be processed. [54927/21]

View answer

Written answers

As the Deputy will be aware, the Probate Office is an office of the High Court and under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in its functions.

Probate functions are also carried out by County Registrars at District Probate Registries in 14 provincial court offices, who are also independent in carrying out their functions. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided the following update in relation to the Dublin Probate Office.

Applications by solicitors continued to be processed throughout the pandemic. The waiting time for solicitor applications at present in the Dublin Probate Office is eight to ten weeks assuming that the papers received are correct. Applications where queries had to be raised on foot of the papers first lodged are taking eight weeks from the date they are re-submitted.

The Courts Service advises that the reintroduction of restrictions on travel earlier this year necessitated the temporary closure of the personal applications process in the Dublin Probate Office.  Interviews for personal applications resumed in May with additional resources allocated to facilitate these interviews.  I am further advised that any arrears that had been built up have now been cleared and the waiting time for personal applications at present in the Dublin Probate Office is also eight to ten weeks. 

The Courts Service has embarked on multi-year programme of modernisation to enhance the delivery of services to the people of Ireland. As part of its aims for the programme, the Courts Service is committed to simplifying services and processes. A key project in the civil law workstream for the Service is the development of an e-probate project, which will have the benefit of standardising the processing of probate applications and so enhance the delivery of the service to Courts Users.

International Protection

Questions (197, 198, 199)

Carol Nolan

Question:

197. Deputy Carol Nolan asked the Minister for Justice the number of permission to remain applications rejected by the independent International Protection Appeals Tribunal in each of the years 2011 to 2020 and to date in 2021; and if she will make a statement on the matter. [54929/21]

View answer

Carol Nolan

Question:

198. Deputy Carol Nolan asked the Minister for Justice the number of permission to remain applications rejected by the independent International Protection Appeals Tribunal that have subsequently been reversed or overturned following a review by the International Protection Office in each of the years 2011 to 2020 and to date in 2021; and if she will make a statement on the matter. [54930/21]

View answer

Carol Nolan

Question:

199. Deputy Carol Nolan asked the Minister for Justice the most common grounds upon which permission to remain applications are ordinarily refused or rejected following an application under each of the different categories (details supplied); and if she will make a statement on the matter. [54931/21]

View answer

Written answers

I propose to take Questions Nos. 197 to 199, inclusive, together.

For those who are in the international protection process, our objective is to have decisions made on their applications, including the permission to remain consideration, as soon as possible. This ensures that those who are found to be in need of our protection can receive it quickly and begin rebuilding their lives here with a sense of safety and security.

Since the International Protection Act 2015 commenced on 31 December 2016, the International Protection Office of my Department has carried out the function of considering permission to remain (under section 49 of the 2015 Act), in respect of those applicants who have been refused international protection (refugee status or subsidiary protection)  at first instance. 

In the permission to remain element of the process, each case is given a detailed consideration on its individual merits under all of the prescribed headings. This includes a full consideration of their private and family rights in accordance with the European Convention on Human Rights, humanitarian factors, as well as consideration of a person’s work situation, among other issues, before a decision is taken to grant or to refuse permission to remain.

All applicants refused international protection have a right to appeal to the International Protection Appeals Tribunal (IPAT) who must consider if the earlier International Protection Office (IPO) determinations on refugee status and subsidiary protection should be affirmed or set aside.

Where the IPAT upholds the IPO recommendation to refuse international protection, and if permission to remain has also been refused by the IPO, the applicant can make submissions for consideration as part of a formal permission to remain review by my Department. 

This review is in place to provide for situations where an applicant’s circumstances may have changed in a material way since the initial decision was made to refuse permission to remain. Any decision taken to grant permission to remain under the review mechanism can only be made once the international protection appeal has been refused by the IPAT.

The IPAT has no role in the consideration of permission to remain either at first instance or under the review mechanism. I understand that my officials have engaged directly and intend to follow up in writing with the information sought in that engagement.

Question No. 198 answered with Question No. 197.
Question No. 199 answered with Question No. 197.

Visa Applications

Questions (200)

Kathleen Funchion

Question:

200. Deputy Kathleen Funchion asked the Minister for Justice if a visa will be granted to a person (details supplied); and if she will make a statement on the matter. [54948/21]

View answer

Written answers

The visa application referred to by the Deputy was created online on 22 September 2021 and the supporting documentation was received by the embassy in Warsaw on 29 October 2021. Short stay visit visas applied for in Poland are processed by the Department of Foreign Affairs under delegated sanction from my Department.

The person referred to should contact the embassy in Warsaw and advise them of the urgent nature of their visit and submit any documentation in support of this. Full consideration will be given to any information received on behalf of the applicant. The applicant will be notified in writing as soon as a decision has been reached.

Community Development Projects

Questions (201)

Emer Higgins

Question:

201. Deputy Emer Higgins asked the Minister for Justice the progress that has been made on establishing a community safety innovation fund and the proceeds of crime that have been seized and allocated to this fund to date in 2021; the community safety partnerships that have received funding to date to implement their community safety proposals; and if she will make a statement on the matter. [54949/21]

View answer

Written answers

As the Deputy will be aware, Budget 2022 provides for the establishment of the new Community Safety Innovation Fund. It is intended that this fund will support investment in projects which will improve community safety. The fund, which is expected to grow in the coming years, will have an initial outlay in 2022 of €2m.

A call for funding proposals will issue seeking applications for community safety projects and similar initiatives from bodies involved in community safety, such as the new Local Community Safety Partnerships – pilots of which are in place in North Inner City Dublin, Waterford and Longford – and the Drogheda Implementation Board, as well as similar entities nationwide.

Applications will be assessed against stated criteria outlined in the call for proposals to ensure funding is allocated to encourage the development of innovative ways in which to improve community safety from those people who understand local community safety needs best. These criteria for allocating funding are currently under consideration and will be announced in due course. 

The approach we are taking will ensure that the best proposals to improve community safety will get the funding they need and will encourage the development of innovative ways in which to improve community safety from those people most directly involved. It will also allow best practice on community safety to be shared with other partnerships around the country as new proposals get developed.

Departmental Reviews

Questions (202)

Bríd Smith

Question:

202. Deputy Bríd Smith asked the Minister for Justice if a promised review took place following the conviction of a person (details supplied) for rape; the details of the outcome of the review; if the review will be published; the cost of the inquiry surrounding this particular case incurred by her Department; and if she will make a statement on the matter. [54950/21]

View answer

Written answers

I understand that in 2017 arising from an incident of false imprisonment and rape, the former Assistant Commissioner of the Dublin Metropolitan Region appointed a Chief Superintendent to conduct a fact finding review surrounding the issues of bail and breaches of bail.

I am informed by the Garda authorities that following the outcome of this review, an interdepartmental working group within An Garda Síochána was then established to commence further examination into matters identified. The work of this group is ongoing. 

There was no representation from my Department on the Working Group and there have been no cost implications.

Road Traffic Offences

Questions (203)

Catherine Murphy

Question:

203. Deputy Catherine Murphy asked the Minister for Justice the number of fixed-charge notices issued to drivers for speeding, by Garda division, in each of the years 2018, 2019 and 2020; and if she will make a statement on the matter. [54960/21]

View answer

Written answers

As the Deputy will be aware, the Garda Commissioner is responsible under the law for the management and administration of An Garda Síochána, including all operational policing matters. This includes the management of the Fixed Charged Notice System. As Minister, I have no role in these independent functions.

I have been provided with the information below by the Garda Authorities in response to the Deputy's query. The table provides a yearly breakdown by Garda division of the number of instances in which a party was issued with a Fixed Charge Notice for the offences of speeding.

Please note that below figures are based on incidents which occurred from 01.01.2018 to 31.12.2020, inclusive.  All information contained in this report is based upon operational data from the Fixed Charged Notice System as was available on 01.11.2021 and is liable to change.

Divisions 

2018

2019

2020

Cavan/Monaghan

4165

4486

5732

Clare

5680

4536

4924

Cork City

3203

4092

7164

Cork North

5078

4940

6607

Cork West

5464

4849

3444

D.M.R. Eastern

3439

4400

5529

D.M.R. North Central

3064

3325

4010

D.M.R. Northern

8179

8668

11682

D.M.R. South Central

3723

3014

2736

D.M.R. Southern

1623

1535

3438

D.M.R. Western

2742

3302

12895

Donegal

2887

3344

3743

Galway Division

9039

9476

13815

Kerry

3552

4108

3846

Kildare Division

14863

12830

12700

Kilkenny/Carlow

5266

5060

5079

Laois/Offaly

4665

5335

6723

Limerick

10793

10908

8543

Louth Division

2383

2318

4798

Mayo

3010

5393

3911

Meath Division

5728

3309

8350

Roscommon/Longford Division

2760

3095

4430

Sligo/Leitrim

3175

3123

1910

Tipperary

3779

3536

6665

Waterford Division

5197

5023

5521

Westmeath Division

2452

3469

4847

Wexford Division

4635

4492

5124

Wicklow Division

5569

5174

13097

Totals

136113

137140

181263

Road Traffic Offences

Questions (204)

Catherine Murphy

Question:

204. Deputy Catherine Murphy asked the Minister for Justice the number of drivers who paid a fixed-charge notice for speeding, by Garda division, within the statutory payment timeframe, in each of the years 2018, 2019 and 2020; and if she will make a statement on the matter. [54961/21]

View answer

Written answers

As the Deputy will appreciate the Garda Commissioner is responsible, under the Garda Síochána Act 2005 (as amended) for the management and administration of An Garda Síochána. This includes the administration of the Fixed Charge Notice System. As Minister I play no role in these independent functions.

To be of assistance I have contacted the Garda authorities who have been provided the following information in response to the Deputy's query. 

Below is a yearly breakdown by Garda division of the number of instances in which a party paid a Fixed Charge Notice issued for the offences of speeding. Figures are based on incidents which occurred from 01.01.2018 to 31.12.2020, inclusive. All information contained in this report is based upon operational data from the FCPS system as was available on 01.11.2021 and is liable to change.

DIVISION

2018

2019

2020

Cavan/Monaghan

3502

3768

4820

Clare

4798

3734

4320

Cork City

2804

3553

6220

Cork North

4437

4301

5846

Cork West

4834

4227

3066

D.M.R. Eastern

3126

3922

4872

D.M.R. North Central

2380

2399

2813

D.M.R. Northern

6893

7010

9455

D.M.R. South Central

3187

2590

2173

D.M.R. Southern

1383

1290

2850

D.M.R. Western

2307

2779

10308

Donegal

2335

2732

3217

Galway Div

7806

8038

12141

Kerry

2962

3438

3308

Kildare Div

12500

10602

10869

Kilkenny/Carlow

4456

4301

4451

Laois/Offaly

4013

4528

5684

Limerick

8911

9195

7255

Louth Div

1948

1906

3919

Mayo

2494

4756

3422

Meath Div

4920

2801

6974

Roscommon/Longford Div

2365

2642

3827

Sligo/Leitrim

2705

2692

1690

Tipperary

3174

2893

5657

Waterford Div

4495

4320

4765

Westmeath Div

2120

2983

4195

Wexford Div

3879

3876

4322

Wicklow Div

4732

4455

11092

 

115466

115731

153531

Road Traffic Offences

Questions (205)

Catherine Murphy

Question:

205. Deputy Catherine Murphy asked the Minister for Justice the number of drivers who availed of the third payment option and paid a fixed-charge notice for speeding, by Garda division, in each of the years 2018, 2019 and 2020; and if she will make a statement on the matter. [54963/21]

View answer

Written answers

As the Deputy will be aware, the Garda Commissioner is responsible by law for the management and administration of An Garda Síochána, including all operational policing matters. This includes the management of the Fixed Charged Notice System. As Minister, I have no role in these independent functions.

I have been advised of the following information by the Garda Authorities. Below is a yearly breakdown per Garda division of the number of instances in which a Fixed Charge Notice was issued for the offences of speeding and was paid using the third payment option.

Court proceedings are initiated where a fine is not paid within the required timeframe. A third payment option is available where the fine can be paid up to a number of days before the court date. The fine will be double the original fine.

In this report all cases where a fine of €160 was paid (double the original fine amount of €80) have been included. 

It should be noted that the below figures are based on incidents which occurred from 01/01/2018 to 31/12/2020 inclusive. All information contained in this report is based upon operational data from the Fixed Charge Processing System as was available on 03/11/2021 and is liable to change.

Divisions

2018

2019

2020

Cavan/Monaghan

123

133

166

Clare

183

191

225

Cork City

115

137

129

Cork North

171

169

189

Cork West

199

161

101

D.M.R. Eastern

110

101

180

D.M.R. North Central

132

123

102

D.M.R. Northern

305

269

280

D.M.R. South Central

145

99

58

D.M.R. Southern

53

55

71

D.M.R. Western

65

132

289

Donegal

106

146

170

Galway Division

320

350

528

Kerry

131

121

135

Kildare Division

344

454

413

Kilkenny/Carlow

193

138

148

Laois/Offaly

165

192

215

Limerick

377

370

359

Louth Division

99

120

173

Mayo

85

171

100

Meath Div

177

104

101

Roscommon/Longford Division

109

116

152

Sligo/Leitrim

110

126

56

Tipperary

153

153

270

Waterford Division

185

162

186

Westmeath Division

89

121

163

Wexford Division

175

177

172

Wicklow Division

212

186

232

Totals

4631

4777

5363

Road Traffic Offences

Questions (206)

Catherine Murphy

Question:

206. Deputy Catherine Murphy asked the Minister for Justice the number of drivers listed in court for speeding by district court in each of the years 2018, 2019 and 2020; the number of drivers convicted of speeding in each of the years by district court; the number of drivers who had their cases dismissed and struck out each year by district court; the number of drivers' driver licence numbers recorded on conviction of speeding in each year by district court; the penalties imposed on conviction each year by district court; and if she will make a statement on the matter. [54965/21]

View answer

Written answers

I have made enquiries with the Courts Service regarding the information sought by the Deputy. The Courts Service have provided a significant volume of information in response to the Deputy's question which I will arrange to be sent to the Deputy directly.

Deputy Murphy Letter re District Court

Road Traffic Offences

Questions (207)

Catherine Murphy

Question:

207. Deputy Catherine Murphy asked the Minister for Justice the number of drivers listed in court for speeding, by District Court, in each of the years 2018, 2019 and 2020, which resulted in the case being struck out due to summons not served for speeding offence; and if she will make a statement on the matter. [54966/21]

View answer

Written answers

As outlined to the Deputy in my response to Parliamentary Question No. 331 of 04 November 2021, the Courts Service system does not record the reason a case was struck out unless the Judge includes the reason in their order, and for this reason, the Courts Service cannot provide the information sought by the Deputy. 

As such, the Courts Service does not hold complete statistical information on the reasons for any case being struck out and the statistics as requested by the Deputy cannot be provided.

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