Thursday, 3 Feb 2022

Written Answers Nos. 370-382

Domestic, Sexual and Gender-based Violence

Questions (370)

Mary Lou McDonald

Question:

370. Deputy Mary Lou McDonald asked the Minister for Justice if the independent study on familicide and domestic homicide reviews has been finalised; and when it will be published. [5672/22]

Written answers

Minister for Justice

The independent study is looking at international best practice in the conduct of Domestic Homicide Reviews with a view to making recommendations in relation to their application in this jurisdiction.

I must emphasise that the Advisory Group and their work is independent, and my Department is not involved in the work of the study nor is it a member of the Advisory Group.

As previously stated, when received, I will examine the report in detail and I remain committed to considering any recommendations made as a priority.

Domestic, Sexual and Gender-based Violence

Questions (371)

Neasa Hourigan

Question:

371. Deputy Neasa Hourigan asked the Minister for Justice further to Parliamentary Question No. 477 of 21 September 2021, if she will reconsider plans to legislate to prescribe a set minimum sentence for those convicted of domestic violence; and if she will make a statement on the matter. [5675/22]

Written answers

Minister for Justice

Tackling domestic violence is a priority for this Government and significant action has already been taken. I am currently leading work on a new whole of government Domestic, Sexual, Gender Based Violence strategy to tackle these horrendous crimes.

This new plan will have a particular focus on prevention and on ensuring victims are better supported. It will set an overall goal of zero tolerance in Irish society for domestic violence.

The Strategy has been developed in partnership with the sector to ensure it is targeted, comprehensive and effective in achieving all of the goals set out. In the coming weeks, I will begin a final round of consultation so that I can publish the strategy and associated implementation plan as soon as possible.

As 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.

These provisions, as with all criminal legislation, are kept under review to ensure they remain effective, proportionate and fully compliant with due process and the Constitution.

The Deputy may be aware that I recently announced my intention to publish a Bill which will include new criminal offences for stalking and for non-fatal strangulation. While both are covered by existing law, I will be proposing changes to make the law clearer and stronger.

Proposed Legislation

Questions (372)

Dara Calleary

Question:

372. Deputy Dara Calleary asked the Minister for Justice the status of the Garda Síochána (digital recording) Bill; and if she will make a statement on the matter. [5691/22]

Written answers

Minister for Justice

As the Deputy will be aware, the Commission on the Future of Policing in Ireland recommended that An Garda Síochána should deploy body worn cameras. In June 2019, the Government approved the drafting of a General Scheme of a Bill to provide a legal basis for the deployment and use of such cameras by An Garda Síochána.

The Bill will also provide for the extension of the circumstances in which Closed Circuit Television (CCTV) and Automatic Number Plate Recognition (ANPR) devices may be used by An Garda Síochána. My Department engaged extensively with An Garda Síochána, Garda oversight bodies and strategic partners during the preparation of the General Scheme, as well as the Office of the Data Protection Commissioner, the Irish Human Rights and Equality Commission and the Irish Council for Civil Liberties.

The General Scheme of the Garda Síochána (Digital Recording) Bill 2021 was approved by the Government and published on 29 April 2021. The General Scheme was sent to the Office of Parliamentary Counsel for formal drafting, and drafting is continuing. The General Scheme was also submitted to the Oireachtas Committee on Justice for pre-legislative scrutiny. The Committee’s report was received in December 2021 and is currently being examined by my officials.

It is my intention to publish the Bill by the end of March 2022 and to complete its passage through the Oireachtas later this year.

I should point out that while this will not be an excessively long Bill, the issues that it addresses such as privacy rights and data protection, are complex. All use of recording devices under the Scheme is linked to Garda functions, namely the investigation, detection, prevention and prosecution of criminal offences, public order and public safety, and safeguarding the security of the State.

While Gardaí have extensive common law powers at their disposal when carrying out their functions, it is important to have in place a modern and robust statutory framework to set standards and procedures in relation to the use of recording devices and to provide appropriate oversight of the use of the powers, in particular where they could infringe on the privacy or data protection rights of citizens.

Digital recording technology for policing purposes continues to evolve. A number of safeguards will have to be built in to the legislation to ensure that any intrusions into a citizens private life are necessary and proportionate and are for justifiable policing purposes.

Immigration Policy

Questions (373)

Seán Canney

Question:

373. Deputy Seán Canney asked the Minister for Justice the status of a matter (details supplied) regarding the immigrant investment programme review. [5694/22]

Written answers

Minister for Justice

The Immigrant Investor Programme (IIP) was introduced in April 2012 to encourage inward investment and create business and employment opportunities in the State. The programme provides investors with the opportunity to invest in Ireland. Key to the programme is that the investments are beneficial for Ireland, generate or sustain employment and are generally in the public interest. To date, more than 1,400 IIP applications have been approved for investment with a value of over €1 Billion.

The IIP has been subject to a number of reviews, both internal and external, in recent years and the second phase of the review referred to by the Deputy is being considered by my officials. Any actions and recommendations beneficial to the programme will be assessed and evaluated and consideration will be given to their introduction.

In the meantime, applications to the IIP continue to be accepted and examined by an independent Evaluation Committee and, where assessed positively, are submitted to me for approval.

Closed-Circuit Television Systems

Questions (374)

Dara Calleary

Question:

374. Deputy Dara Calleary asked the Minister for Justice the funding available for ongoing maintenance of CCTV systems in communities; and if she will make a statement on the matter. [5704/22]

Written answers

Minister for Justice

As the Deputy is aware, the rollout of community CCTV schemes across the country has benefitted many communities, helping people to feel safer in their local areas. It is a priority for my Department to ensure that community groups continue to be supported in their valued contributions to their local CCTV schemes whilst ensuring sufficient, proportionate oversight of data protection statutory considerations.

Since 2017, my Department has administered a grant aid scheme supporting groups wishing to establish a community-based CCTV system in their area. Eligible groups, including community groups and local authorities nationwide, can apply for grant aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum total of €40,000.

The CCTV grant scheme was extended in 2019 to cover not only new CCTV systems but to also provide funding for the extension or upgrade of existing CCTV systems which are incomplete or obsolete. Applicants may now also seek a once-off grant of up to €5,000 for minor maintenance costs. Support and assistance for those running CCTV schemes is available by contacting: [e-mail]

Community-based CCTV is governed by Section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI 289 of 2006). This legal framework requires that any proposed community CCTV scheme must:

- be approved by the local Joint Policing Committee,

- have the prior support of the relevant local authority, which must also act as data controller, and

- have the authorisation of the Garda Commissioner.

This is the legal basis for all community CCTV schemes, regardless of how they are funded. These key legal requirements have not changed since 2006.

As the Deputy will be aware, the Data Protection Commission have carried out an in-depth, independent review of community CCTV schemes. My Department is incorporating amendments into the Garda Síochána (Digital Recordings) Bill to address these findings.

The General Scheme of the Garda Síochána (Digital Recording) Bill 2021 was approved by the Government and published on the 29th April 2021. The General Scheme was sent to the Office of Parliamentary Counsel for formal drafting, and drafting is continuing. The General Scheme was also submitted to the Oireachtas Committee on Justice for pre-legislative scrutiny. The Committee’s report was received in December 2021 and is currently being examined by my officials. It is my intention to publish the Bill by the end of March 2022 and to complete its passage through the Oireachtas later this year.

This Bill will provide statutory underpinning for Garda overt recording, which will include CCTV authorised in local communities by the Garda Commissioner. It is planned to have a further review of the terms and conditions of the current scheme to bring it into line with the proposals in this new legislation and in keeping with the commitment in the Programme for Government.

Once this review is completed, appropriate guidance will issue to An Garda Síochána on the control and supervision of CCTV systems. It is expected the Bill will be enacted in 2022. The legislation, once enacted, will replace Section 38 of the Garda Síochána Act 2005.

I am informed that €1m funding has been allocated in the Garda vote for the CCTV Scheme for 2022.

An Garda Síochána

Questions (375)

Pa Daly

Question:

375. Deputy Pa Daly asked the Minister for Justice further to Parliamentary Question No. 692 of 19 October 2021, the number of projected recruits, actual recruits, newly attested trainees and retirements in An Garda Síochána in each of the years 2019 to 2021. [5705/22]

Written answers

Minister for Justice

As the Deputy will be aware, the Garda Commissioner is responsible under the Garda Síochána Act 2005 (as amended) for the recruitment and training of Garda members and staff. The Commissioner is also responsible for determining the deployment of An Garda Síochána throughout the State under the Act and, as Minister, I play no role in these independent functions.

The budget provided by Government to the Garda Commissioner continues to increase to unprecedented levels. Budget 2022 provides in excess of an unprecedented €2 billion in funding to An Garda Síochána. This additional funding will provide for the recruitment of up to an additional 800 Gardaí and 400 Garda Staff in 2022.

Since 2016 the budget for An Garda Síochána has increased by approximately €500m, or 33%. This has enabled 1,400 extra Gardaí to be deployed, as well as continued investment in modern equipment. In addition, it has freed up over 800 Gardaí for front line policing work through the recruitment of Garda Staff.

The below table, furnished to me by the Garda authorities, details the number of projected recruits, actual recruits, newly attested trainees and retirements for 2019 and 2020. I have been advised that final figures for 2021 are not yet available.

	2019	2020
Projected Recruits	Up to 600	Up to 700
Actual Recruits	600	275*
Trainees Attested	605	522
Garda Member Retirements	234	259
Garda Staff Retirements	67	77

* Garda College, Templemore, closed in response to public health measures for periods of 2020 which curtailed recruitment.

Legislative Measures

Questions (376)

Paul Kehoe

Question:

376. Deputy Paul Kehoe asked the Minister for Justice if the Forcible Entry Act 1381 or an equivalent is in force on the Statute Book; and if she will make a statement on the matter. [5717/22]

Written answers

Minister for Justice

I can confirm to the Deputy that the Forcible Entry Act 1381 was retained in Section 2, Part 2 of Schedule 1 of the Statute Law Revision Act 2007 and was subsequently retained in Section 2(2)(b) of the Statute Law Revision Act 2009.

Consequently the Forcible Entry Act 1381 remains on the Statute Book.

An Garda Síochána

Questions (377)

Paul Kehoe

Question:

377. Deputy Paul Kehoe asked the Minister for Justice the length of time that a conviction remains on a person's record (details supplied) for the purpose of Garda vetting; and if she will make a statement on the matter. [5732/22]

Written answers

Minister for Justice

The Deputy will appreciate that vetting applications are an operational matter for An Garda Síochána. Neither I, as Minister, nor my Department have any role in the processing of individual vetting applications.

As the Deputy may be aware, the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016, provides for certain convictions to become spent once 7 years have passed since the date of conviction.

In general and in accordance with the provisions of the Act, the following convictions may become spent:

1. All convictions in the District Court for motoring offences which are more than 7 years old subject to the proviso that spent convictions for dangerous driving are limited to a single conviction.

2. All convictions in the District Court for minor public order offences which are more than 7 years old.

3. In addition, where a person has one, and only one, conviction (other than a motoring or public order offence) which resulted in a term of imprisonment of less than 12 months or a fine, that conviction is spent after 7 years. This provision applies to either a District Court or Circuit Court conviction.

4. A conviction resulting in a non-custodial sentence can also become spent after 7 years. This means such a sentence imposed by a court of imprisonment for a term of 2 years or less, the execution of the whole of which is suspended for a period specified by the court and that suspension is not subsequently revoked in whole or in part by the Court, and is not in addition to a custodial sentence.

There is no formal procedure to be gone through to have a conviction declared spent. If the conviction is eligible to be spent, it becomes spent once seven years has passed from the date of conviction.

It is important to understand that while a conviction may become spent under Irish law, this does not mean that the conviction ceases to be part of the person's criminal record. The effect of the Act is that, although it remains part of the person’s criminal record, the person will not be penalised in law or incur any liability for failing to disclose a spent conviction.

It is also important to note that in some cases, disclosure of a spent conviction is required in circumstances including for example for specified work, such as with An Garda Síochána, the Defence Forces, or applying for a public service vehicle, private security, taxi or firearm licence. An Garda Síochána is not required to expunge the details of such offences from the Garda PULSE system and a court may also admit or require evidence regarding a spent conviction in certain circumstances.

The Deputy will be aware that the Government commits in the Programme for Government to reviewing the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 and to broaden the range of convictions that are considered spent. As part of this review process, a public consultation on spent convictions was launched in October 2020. My Department is continuing work on identifying and assessing the possible implications of amending the 2016 Act so that the fairest possible outcomes can be achieved for the public.

Citizenship Applications

Questions (378)

Bernard Durkan

Question:

378. Deputy Bernard J. Durkan asked the Minister for Justice the procedure for citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [5765/22]

Written answers

Minister for Justice

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 in line with the eligibility criteria set out in that Act. Each application is assessed individually and a determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.

Applicants are required to have five years reckonable residence in the State prior to making an application, except for spouses of Irish nationals where the requirement is three years. In both cases, the final 12 months must be continuous residence in the State with up to six weeks allowed to facilitate foreign travel for business family or holiday purposes.

Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.

Immigration Status

Questions (379)

Bernard Durkan

Question:

379. Deputy Bernard J. Durkan asked the Minister for Justice if a person (details supplied) qualifies for residency on a permanent basis; the best procedure to be followed in this case to achieve citizenship; and if she will make a statement on the matter. [5766/22]

Written answers

Minister for Justice

The immigration case of the person concerned was considered under section 3(6) of the Immigration Act 1999 (as amended), which resulted in a Deportation Order being made in respect of them on 24 February 2020. Notification of that Order was issued by registered post dated 19 August 2020. That communication also advised the person concerned of the requirement that they present to the Garda National Immigration Bureau (GNIB) on 19 September 2020, to make arrangements for their removal from the State. I am advised that they failed to do so.

Section 3 (11) of the Immigration Act 1999 (as amended) allows an Order to be amended or revoked by making a request to me as Minister for Justice. In making a revocation request, a person can raise new or changed circumstances in their case, including in relation to their country of origin. I would encourage people to be as detailed as possible in their representations to me and my Department, so that fully informed decisions can be made at the appropriate time.

Requests for revocations should be sent directly to Repatriation Unit, Immigration Service Delivery, 13/14 Burgh Quay, Dublin 2 DO2 XK70.

Additionally, as the Deputy may be aware, my Regularisation of Long-Term Undocumented Migrants Scheme has now opened for applications. People in the State with an existing Deportation Order can apply, if they meet the minimum undocumented residence requirement.

Full details regarding the qualifying criteria, a Frequently Asked Questions (FAQ) document and the required documentation for the Scheme is now available on my Department's website at: www.irishimmigration.ie/regularisation-of-long-term-undocumented-migrant-scheme/.

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.

Deportation Orders

Questions (380)

Bernard Durkan

Question:

380. Deputy Bernard J. Durkan asked the Minister for Justice if the deportation order against a person (details supplied) will be revoked in order to facilitate an application for citizenship given their expertise in nursing; the way they can proceed; and if she will make a statement on the matter. [5767/22]

Written answers

Minister for Justice

The person concerned is the subject of a Deportation Order, signed on 29 September 2017, requiring them to remove themselves from the State and to remain outside the State. Notification of that Order was issued by registered post-dated 6 October 2017. That communication also advised the person concerned of the requirement that they present to the Garda National Immigration Bureau (GNIB) on 8 November 2017 and subsequently on 11 December 2018, to make arrangements for their removal from the State. I am advised that they failed to do so.

As previously advised, representations were received from the person concerned, pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended), requesting that the Deportation Order be revoked and including information regarding their marriage. Following detailed consideration of the information submitted in support of the request, the Deportation Order was affirmed and notified to the person concerned by letter dated 27 November 2018.

While there are no outstanding correspondence or applications on file for this person, it is open to them to submit further representations requesting that the Deportation Order be revoked, pursuant to Section 3(11) of the Immigration Act 1999 (as amended). A request seeking to revoke a Deportation Order must set out any new facts or circumstances which have arisen since the decision to affirm the extant Deportation Order was made. Any such request submitted would be considered on its merits, having due regard to all refoulement issues. In the meantime, the Deportation Order remains valid and in place.

Requests for revocations should be sent directly to Repatriation Unit, Immigration Service Delivery, 13/14 Burgh Quay, Dublin 2 DO2 XK70.

Additionally, as the Deputy may be aware, my Regularisation of Long-Term Undocumented Migrants Scheme has now opened for applications. People in the State with an existing Deportation Order can apply, if they meet the minimum undocumented residence requirement.

Full details regarding the qualifying criteria, a Frequently Asked Questions (FAQ) document and the required documentation for the Scheme is now available on my Department's website at: www.irishimmigration.ie/regularisation-of-long-term-undocumented-migrant-scheme/.

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.

Immigration Policy

Questions (381)

Bernard Durkan

Question:

381. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed by persons (details supplied); and if she will make a statement on the matter. [5768/22]

Written answers

Minister for Justice

From the details supplied by the Deputy, the persons referred to may wish to consider making an application to the Regularisation of Long Term Undocumented Migrants Scheme, which opened for applications on 31 January 2022.

Applications will be accepted for six months until 31 July 2022, when the scheme will close. The scheme is only open to those who do not have a current permission to reside in the State and will enable eligible applicants to remain and reside in the State and to regularise their residency status.

Full details regarding the qualifying criteria, a Frequently Asked Questions (FAQ) document and the required documentation for the scheme is available on my Department's website at: www.irishimmigration.ie/regularisation-of-long-term-undocumented-migrant-scheme/.

Immigration Status

Questions (382)

Bernard Durkan

Question:

382. Deputy Bernard J. Durkan asked the Minister for Justice the current residency status in the case of a person (details supplied); the appropriate procedure for them to follow to apply for citizenship; and if she will make a statement on the matter. [5769/22]

Written answers

Minister for Justice

The person referred to by the Deputy holds a Stamp 4 immigration permission, which has been extended until 31 May 2022, in line with the automatic extension of immigration permissions I announced on 17 December 2021. All permissions are extended on the same terms and conditions to the permission already held.

It is open to the person concerned to contact their local Immigration Office before 31 May 2022 to apply for a further renewal of their immigration permission. I strongly recommend that they make efforts to renew their permission as early as possible rather than waiting until May when demand for appointments will be significantly greater. If resident in the Dublin area, they can apply online at inisonline.jahs.ie/user/login to renew their permission.

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 in line with the eligibility criteria set out in that Act. Each application is assessed individually and a determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.

Applicants are required to have five years reckonable residence in the State prior to making an application, except for spouses of Irish nationals where the requirement is three years. In both cases, the final 12 months must be continuous residence in the State with up to six weeks allowed to facilitate foreign travel for business family or holiday purposes.

Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.

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.