Wednesday, 19 Jan 2022

Written Answers No. 1193-1210

Extradition Arrangements

Questions (1194)

Paul Murphy

Question:

1194. Deputy Paul Murphy asked the Minister for Justice if she will consider suspending extradition to Poland (details supplied); and if she will make a statement on the matter. [63029/21]

Written answers

Minister for Justice

I wish to inform the Deputy that the Minister for Justice has no power to suspend the surrender of persons sought by Poland under the European Arrest Warrant (EAW) system as decisions on surrender are taken by the High Court as the executing judicial authority in the State under the European Arrest Warrant Act 2003, as amended.

However, I can inform the Deputy that surrender of persons to Poland from Ireland has effectively been suspended since February 2021, except in cases where an individual consents, due to legal challenges raised before the European Court of Justice relating to the rule of law in Poland.

Those legal cases were heard by the European Court of Justice on 16 November 2021 and the ruling of the Court is awaited. This ruling will inform the Irish Courts as to how Polish EAW requests should be dealt with.

Citizenship Applications

Questions (1195)

Jennifer Carroll MacNeill

Question:

1195. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the status of a citizenship application by a person (details supplied); and if she will make a statement on the matter. [63052/21]

Written answers

Minister for Justice

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 30 June 2021. 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. 

In addition, the combined impact of the 2019 High Court judgment in the Jones case and the necessary health restrictions arising from the pandemic, has unfortunately resulted in the processing time for standard applications increasing. 

However, my Department is taking a number of steps to speed up the processing of applications and 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.

In 2021, 11,512 citizenship decisions were delivered, 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.

Citizenship Applications

Questions (1196)

Jennifer Carroll MacNeill

Question:

1196. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the status of a citizenship application by a person (details supplied); and if she will make a statement on the matter. [63053/21]

Written answers

Minister for Justice

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 30 June 2021. 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. 

In addition, the combined impact of the 2019 High Court judgment in the Jones case and the necessary health restrictions arising from the pandemic, has unfortunately resulted in the processing time for standard applications increasing. 

However, my Department is taking a number of steps to speed up the processing of applications and 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.

In 2021, 11,512 citizenship decisions were delivered, 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.

Naturalisation Applications

Questions (1197)

Peadar Tóibín

Question:

1197. Deputy Peadar Tóibín asked the Minister for Justice the reason a person (details supplied) has not received a decision on their naturalisation application after a wait of two years; when the person may expect to receive a response to their application; if, given the circumstances efforts can be made to ensure a decision is made soon; and if she will make a statement on the matter. [63071/21]

Written answers

Minister for Justice

This application for naturalisation from the person referred to by the Deputy, continues to be processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision in due course.

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. 

In addition, the combined impact of the 2019 High Court judgment in the Jones case and the necessary health restrictions arising from the pandemic, has unfortunately resulted in the processing time for standard applications increasing. 

However, my Department is taking a number of steps to speed up the processing of applications and 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.

In 2021, 11,512 citizenship decisions were delivered, 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.

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: [e-mail], 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.

Question No. 1198 answered with Question No. 1179.

Family Reunification

Questions (1199)

Pádraig O'Sullivan

Question:

1199. Deputy Pádraig O'Sullivan asked the Minister for Justice if her attention has been drawn to the case of a family (details supplied); if efforts will be made to relocate this family to Ireland given the threat to their lives; and if she will make a statement on the matter. [63115/21]

Written answers

Minister for Justice

At the outset of the current crisis in Afghanistan, the Government announced that Afghan people would be allocated places under the Irish Refugee Protection Programme (IRPP). Priority has been given to those working on human rights issues, including the rights of women and girls and minorities, as well as those working with NGOs and European and international organisations and more than 500 Afghan people have been allocated places to date. My own Department has provided the visas or visa letters in lieu to facilitate their travel to Ireland.

The IRPP is under the remit of Minister O’Gorman, and any queries in relation to eligibility under the IRPP should be addressed to Minister O'Gorman and his Department.

On 28 September 2021, the Government agreed to the introduction of an Afghan Admission Programme, with an allocation of up to 500 places. This is in addition to the pathways already available to Afghan nationals to have family members join them in Ireland.

The Programme, which opened for applications on 16 December 2021, will enable current or former Afghan nationals living legally in Ireland to apply to have their close family members, who are living in Afghanistan or who have recently fled to eligible territories bordering Afghanistan, to apply for temporary residence in Ireland. The eligible neighbouring countries are: Iran, Pakistan, Turkmenistan, Uzbekistan and Tajikistan.

The Programme is a key part of the Government’s response to the evolving humanitarian situation in Afghanistan. 

Question No. 1200 answered with Question No. 1179.

Mental Health Services

Questions (1201)

Mark Ward

Question:

1201. Deputy Mark Ward asked the Minister for Justice the length of time the pilot of the mental health crisis de-escalation team will be rolled out for in County Limerick in 2022; and if she will make a statement on the matter. [63137/21]

Written answers

Minister for Justice

The Deputy will be aware that the Garda Commissioner is responsible under the law for the management and administration of An Garda Síochána, including the training and deployment of Garda personnel. As Minister, I have no direct role in such decisions. However, the area of mental health in the justice sector has been a priority for me since I was appointed Minister for Justice.

The establishment of crisis intervention units were recommended by the Commission on the Future of Policing in Ireland in their Report published in 2018. Crisis Intervention Teams are a priority project under A Policing Service for our Future, the Government's implementation plan for the Commission's recommendations. These will be specialist uniformed units who will work jointly with health professionals to provide a rapid and integrated 24/7 response to people with mental health issues.

Crisis Intervention Teams have become a globally recognised model within contemporary policing for safely and effectively assisting people who experience mental health crises or related problems within the community. The Crisis Intervention Team model promotes strong community partnerships among law enforcement, health professionals and appropriate follow-on support agencies.

I am informed by the Garda authorities that members of An Garda Síochána in the Limerick Division are leading on the implementation of a pilot project that examines, designs and resources a 24/7 multi-agency approach to responding to mental health related incidents. I am grateful to them for their leadership on this important project.

The Assistant Commissioner with responsibility for Roads Policing & Community Engagement is sponsoring this important project within An Garda Síochána, while local Garda management in Limerick are engaged in the design, planning and eventual rollout of the project. The Limerick Crisis Intervention Team Project is currently in the consultation phase and is scheduled for implementation in Q3/Q4 2022.

The intention is that the pilot project will involve a co-located response unit comprising of a Community Psychiatric Nurse working alongside frontline members of An Garda Síochána to respond to calls from anyone in crisis. 

The project team have engaged with an academic research partner from the University of Limerick who will assist in evaluating the project over a 2-3 year period.  They will also assist the team with policy terminology and language in respect of vulnerability and eligibility criteria.  A training programme is also currently being drafted.

The learning from the pilot initiative in Limerick will be of enormous value in shaping a model for Crisis Intervention Teams to be rolled out across the country and ensure that all people with mental health needs receive the support they deserve, and are diverted from the criminal justice system whenever possible.

Northern Ireland

Questions (1202)

Patrick Costello

Question:

1202. Deputy Patrick Costello asked the Minister for Justice if she will establish a pension scheme for victims of violence on the island of Ireland during the Troubles; and if she will make a statement on the matter. [63157/21]

Written answers

Minister for Justice

This Government is deeply conscious of the enduring suffering and hardship that survivors of Troubles-related attacks bear. The Government has always sought to acknowledge and address the legitimate needs and expectations of victims’ families and survivors of Troubles-related attacks in this jurisdiction.

The Deputy will be aware that a number of measures have been undertaken by the Irish and UK Governments which seek to support victims of Troubles-related violence. Those measures have been introduced at different times and have taken different forms.   A pension scheme did not form part of the approach in this jurisdiction but rather other measures were introduced.  

A substantive measure in this regard was the establishment of the Remembrance Commission in 2003, to administer a Scheme of acknowledgment, assistance and remembrance for victims of the Northern Ireland conflict, and their families, in this jurisdiction. The Commission continued with this work until 2008 and administered Acknowledgement payments, Economic Hardship payments, Displacement payments and Medical payments for victims’ families and those who were seriously injured in Troubles-related incidents in this jurisdiction. The Remembrance Commission also funded memorials such as the one in Belturbet.

On the conclusion of the Commission's term of appointment, special arrangements were put in place to ensure that victims resident in the jurisdiction who require ongoing medical treatment for injuries sustained in bombings and other incidents arising from the Troubles may have these costs reimbursed through the Victims of Crime Office of my Department. This scheme continues to this day. 

The Criminal Injuries Compensation Tribunal makes awards to people who have suffered an injury sustained within the State on or after 1st October, 1972. The tribunal considers applications from people who suffer a personal injury or death as a result of a crime of violence. Ex-gratia compensation may be awarded on the basis of any vouched out of pocket expenses, including loss of earnings experienced by the victim or, if the victim has died as a result of the incident, by the dependents of the victim.

In terms of other supports, the Reconciliation Fund, operated by the Department of Foreign Affairs, was established in 1982 and provides grant support to organisations working with victims and survivors of the Troubles, where it is considered that proposed projects have the potential to promote reconciliation in line with the particular eligibility criteria of the Fund. 

Irish Departments have also provided co-funding for projects under the PEACE III programme (2007-2013), and, under the PEACE IV programme (2014-2020) which aims to support peace and reconciliation in Northern Ireland and the border counties of Ireland.  Funding of €17.6m under PEACE IV is provided for the Victims and Survivors Service project which aims to improve the health and well-being of victims and survivors and to support marginalised individuals and communities that that have suffered as a result of the Troubles. This action is delivered by the Victims and Survivors Services in Northern Ireland which provides funding supports to organisations to employ Health and Wellbeing Case Managers, Health and Wellbeing Caseworkers, Advocacy Case Managers and Advocacy Caseworkers for victims and survivors irrespective of their place of residence.

Finally, in accordance with the commitment given in the Stormont House Agreement 2014 to seek an acceptable way forward on the proposal for a pension for severely injured victims in Northern Ireland, in 2020 the UK Government published the Victims’ Payments Regulations to provide for the Northern Ireland Troubles Permanent Disablement Payment. The scheme is for those permanently physically or psychologically injured through no fault of their own during the Troubles in Northern Ireland. It is available to anyone, regardless of nationality or residence, who was injured in a Troubles-related incident in the United Kingdom. It is also available to British citizens or people of Northern Ireland who were injured in a Troubles-related incident in Europe. The Scheme opened for applications on 30 August 2021.

Question No. 1203 answered with Question No. 1179.

Citizenship Applications

Questions (1204)

Cathal Crowe

Question:

1204. Deputy Cathal Crowe asked the Minister for Justice the status of an application for citizenship by a person (details supplied). [63177/21]

Written answers

Minister for Justice

The application for a certificate of naturalisation from the person referred to by the Deputy continues to be processed and will be submitted to me for decision as expeditiously as possible. If further documentation is required it will be requested from the applicant in due course.

As the Deputy will appreciate, 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. 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.

In some instances, the input of several public agencies, both within and outside the jurisdiction is needed and the request and receipt of information from these sources can result in delays in processing some applications. Issues can also arise at the final stage of the naturalisation process, for example, where additional information comes to light which is required to be considered before a final decision is taken.  

Residency Permits

Questions (1205)

Bernard Durkan

Question:

1205. Deputy Bernard J. Durkan asked the Minister for Justice the correct procedure to be followed by a person (details supplied) to update their residency permission which expires in January 2022; and if she will make a statement on the matter. [63178/21]

Written answers

Minister for Justice

The person referred to by the Deputy lodged a review application in respect of their EU Treaty Rights application decision on 2 August 2017.  This application was examined in detail and a decision was made to uphold the decision to refuse their EU Treaty Rights application on 1 March 2021. Reasons for the refusal are outlined in the refusal letter.

This person's case may need to be examined to see if it falls within the parameters of the European Court of Justice (ECJ) ruling in the Chenchooliah case. As the Deputy may be aware, the ECJ's ruling in that case requires a new process to be developed in this State to deal with the cases of third country national persons who may have been deemed to come within the scope of the EU Free Movement Directive but for whom the circumstances which allowed those persons to remain in the State no longer apply. The required process is still under development and will be finalised in the coming months.

As this person's longer-term position in the State remains to be determined and the new post-Chenchooliah process is still being developed, a decision was taken to grant them a short-term permission to remain in the State. As an exceptional measure, they have been granted permission to remain in the State, on Stamp 1 conditions, (without the requirement to obtain an employment permit), for a period of six months until 20 May 2022.

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 ([e-mail]), 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.  

Stardust Fire

Questions (1206, 1284)

Denise Mitchell

Question:

1206. Deputy Denise Mitchell asked the Minister for Justice the provision in place for a venue for the Stardust inquest beyond February 2022; if details have been communicated to the families in this regard; and if she will make a statement on the matter. [63183/21]

Cian O'Callaghan

Question:

1284. Deputy Cian O'Callaghan asked the Minister for Justice if a venue has been secured for the Stardust Inquest; and if she will make a statement on the matter. [1914/22]

Written answers

Minister for Justice

I propose to take Questions Nos. 1206 and 1284 together.

The Stardust fire was a national tragedy that has left a particular legacy of pain for many people in North Dublin.

I offer my deep sympathy and condolences to the families of the 48 young people killed in the Stardust fire over forty years ago.

I also recognise the impact on everyone who attended that night and the impact on the local community and I am committed to ensuring that the new inquests into the Stardust deaths and the families involved are provided with all relevant supports.

During 2021 a bespoke courtroom was built in the RDS to facilitate the Stardust inquests and the contract is due to expire in February 2022.

My Department and I recognise that this is a sensitive situation and would like to assure the families that we are committed to ensuring a new venue is in place to permit the public inquests to be commenced by the Dublin Coroner.

The families can be assured that the matter is being actively worked on with the assistance of the Office of Public Works, and I intend that the situation will be resolved as soon as possible.

My Department continues to engage with the coroner and her team and the coroner will provide any updates on the stardust fire inquests website at:  www.stardustfireinquests.

Naturalisation Applications

Questions (1207, 1260)

Bernard Durkan

Question:

1207. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [63187/21]

Bernard Durkan

Question:

1260. 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); if the application is now in the final stages of assessment; when a decision is likely to issue; and if she will make a statement on the matter. [1437/22]

Written answers

Minister for Justice

I propose to take Questions Nos. 1207 and 1260 together.

This application for naturalisation from the person referred to by the Deputy, continues to be processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision in due course.

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. 

In addition, the combined impact of the 2019 High Court judgment in the Jones case and the necessary health restrictions arising from the pandemic, has unfortunately resulted in the processing time for standard applications increasing. 

However, my Department is taking a number of steps to speed up the processing of applications and 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.

In 2021, 11,512 citizenship decisions were delivered, 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.

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: [e-mail], 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.

Work Permits

Questions (1208)

Peadar Tóibín

Question:

1208. Deputy Peadar Tóibín asked the Minister for Justice if the visa immigration arrangement is still in place for international contracted circus artists working for Irish traditional circuses for more than 90 days in the State and being previously exempt from the requirement to apply for a work permit in cases in which they fall outside the criteria of the atypical working scheme; and if she will make a statement on the matter. [63191/21]

Written answers

Minister for Justice

The immigration arrangements for circus performers providing a service to an Irish based circus, who do not have an employee relationship with those to whom they are providing this service, are in place since 2007.

These arrangements will continue to operate for the 2022 season to allow time for a review, with a view to putting in place a suitable provision for the 2023 season onwards.

Permission to enter the State under these arrangements is a matter for the immigration authorities at the port of entry and is subject to the provisions of section 4 of the Immigration Act 2004.

Departmental Data

Questions (1209)

Carol Nolan

Question:

1209. Deputy Carol Nolan asked the Minister for Justice further to Parliamentary Question No. 499 of 14 December 2021, the reason that she did not provide the names of the studies referenced on the website of her Department as requested in the original question; her views on whether the inference can be made that no such studies exist; if the Department will amend the statement on the website of her Department referencing the studies; and if she will make a statement on the matter. [63231/21]

Written answers

Minister for Justice

There are a variety of reasons as to why people become undocumented and therefore the number of undocumented people in the State will fluctuate over time. There are no official studies or reports regarding the number of undocumented persons resident in the State as such people tend to avoid official notice.

However, the Migrant Rights Centre of Ireland, has previously estimated that there are some 15,000 to 17,000 undocumented people in the State including 2,000 to 3,000 children and these figures were cited when publishing estimates of the number of undocumented persons resident in the State. These are estimates based on their own research and are not based on official statistics or reports.

I am pleased to say that I recently published the final criteria for the Regularisation of Long Term Undocumented Migrants Scheme, which will open for applications on 31 January 2022. Applications will be accepted for six months until 31 July 2022 when the scheme will close. Further details are available on our website: www.irishimmigration.ie. 

Question No. 1210 answered with Question No. 1179.