Written Answers Nos. 554-573
554. Deputy Bernard J. Durkan asked the Minister for Justice the current residency status in the case of a person (details supplied) who has made contact with the repatriation division as requested and whose stamp expired on 20 May 2022; if the applicant is eligible for long-term residency; and if she will make a statement on the matter. [27253/22]
View answerThe immigration case of the person referred to by the Deputy is impacted by the European Court of Justice judgment in the Chenchooliah case.
My Department has, last week, issued the person concerned with a short-term permission on Stamp 1 conditions, which allows them to work without the need for an employment permit. Their longer-term position in the State is expected to be decided on within the period of the short-term permission granted. If this is not possible, the permission will be extended for a further period, on similar conditions, subject to compliance with the original conditions of the short-term permission.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
555. Deputy Patrick Costello asked the Minister for Justice if she will introduce a code of ethics for prison staff in line with the Council of Europe recommendation CM/Rec (2012) 5; and if she will make a statement on the matter. [27256/22]
View answerI can advise the Deputy that the Irish Prison Service introduced a new Code of Ethics for staff in December 2021.
The new Code sets out the values and behaviours which are expected of and demonstrated by prison staff across the Service on a daily basis. The Code is grounded on the Prison Service core values namely:
Teamwork;
Integrity;
Unlocking potential;
Safety, and
Support.
The document sets out clear guidance for staff on how they should work together, with prisoners and their families, and with other stakeholders to create a healthy and professional prison environment.
The Code has been written to reflect international and Irish law, best international practice and the ethical responsibilities of professionals in other comparable contexts within the State. This includes having regard to the Council of Europe Recommendation CM/Rec (2015) 5. The Prison Service has also engaged with other Prison Services' who have also introduced a Codes of Ethics in recent years.
The Code applies to all Prison Service staff, who are also subject to the provisions set out in the Civil Service Code of Standards and Behaviour. In addition, Doctors, Psychologists and Healthcare staff employed by the Service are governed by both this Code and their own professional Codes of Ethics which must be read and reconciled in the context of any situation in which they are confronted. All service providers or volunteers working in or visiting our prisons are also expected to abide by the Code.
Included in the Code is a new Ethical Decision Making Model for staff to support them when faced with challenging situations.
The Code has been made available to all prison staff via the Prison Service Intranet and ethics forms part of the Recruit Prison Officer Training programme.
556. Deputy Patrick Costello asked the Minister for Justice if she will order an annual publication of a measuring the quality of life in prison, similar to research carried out by the University of Oxford in the United Kingdom, either by the Inspector of Prisons or an academic institution or NGO; and if she will make a statement on the matter. [27257/22]
View answerAs the Deputy will appreciate, oversight and evaluation are important elements in developing and improving our penal system.
Independent prison monitoring is an essential part of accountability for any modern prison system. The European Prison Rules stipulate that the conditions of detention and treatment of prisoners are monitored by an independent body or bodies whose findings are made public. While there are no plans at present to undertake research of the specific type referred to by the Deputy, I can advise that a number of independent bodies have responsibility for oversight of our prisons, including the Office of the Inspector of Prisons and the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).
In particular, the Office of the Inspector of Prisons is a statutory body, independent in how it carries out its work, set up under the Prisons Act 2007. The Inspector's key role is to carry out regular inspections of prisons and the Inspector plays a vital role in ensuring effective independent oversight of our prison system.
The Annual Report of the Office of the Inspector of Prisons provided a comprehensive overview of prisons in Ireland, which included a synopsis of, amongst other areas, healthcare, restricted regimes, quality initiatives, purposeful activities and operational challenges in each prison.
An Inspection Framework for the Inspection of Prisons in Ireland was developed and launched on 15 September 2020. The Framework sets out how the Inspector will conduct inspections of prisons in Ireland. It is informed by the statutory underpinning of the Inspector in legislation, national legislation relating to prisons and prisoners’ rights, and international obligations owing to prisoners. Under this Framework, the Inspector will engage with and survey both prisoners and prison staff to gather information on prison conditions and prisoner welfare (as the Deputy will be aware, the Inspector suspended the 2021 general inspection programme and embarked on a COVID focused inspection schedule, the reports of which have all been published and can be found on the websites of the Inspector of Prisons and my Department).
557. Deputy Patrick Costello asked the Minister for Justice if she will amend the Irish Prison Service Prison rules, specifically rule 95 on use of force, to clarify that the amount of force used shall be the minimum necessary and shall be imposed for the shortest necessary time. [27258/22]
View answerI wish to advise the Deputy that the provisions for the use of force by prison officers is set out in Rule 93 (1) of the Prison Rules 2007 (SI 252/2007).
This rule is explicit in outlining the circumstances in which force may be lawfully used by an Officer and the factors to be considered by an Officer in deciding the amount of force to be used.
The rule states: “Where, for the purpose of maintaining or restoring good order or safe or secure custody, it is deemed necessary to use force in relation to a prisoner, such force only as is reasonably necessary and proportionate to achieve that purpose shall be used”.
The application of the rule is further explained in a specific Standard Operating Procedure and in the Prison Service Code of Ethics.
Staff receive significant briefings, during their initial training and at regular intervals during their careers, on the use of force as outlined in this Rule; Standard Operating Procedure and Code of Ethics.
The Irish Prison Service has commenced a comprehensive review of the Prison Rules 2007 (SI 252/2007) in consultation with relevant functions in my Department. The purpose of the review is to update the Irish Prison Rules taking account of the updated European Prison Rules which were published in 2020.
I can advise the Deputy that the Irish Prison Service will consider Rule 93 in the context of the provisions of the European Prison Rules as part of this review.
558. Deputy Patrick Costello asked the Minister for Justice the specific differences in the disciplinary code for officers which was affected by the introduction of S.I. No. 261/2020 which revoked the pre-existing S.I. No. 289/1996. [27259/22]
View answerI can advise the Deputy that the implementation of Circular 19/2016 Civil Service Disciplinary Code on 1 October 2020 has brought the Irish Prison Service into line with the wider Civil Service in terms of the process for the management of staff disciplinary issues. Utilising the Civil Service Disciplinary Code has allowed the Prison Service to draw on the experiences of the wider Civil Service when dealing with disciplinary issues.
The Code provides a clear and structured procedure to deal with disciplinary issues and ensures that officers against whom allegations are made are dealt with in a fair, equitable and timely manner after all relevant facts have been considered.
The main differences between SI 289/1996 - Prison (Disciplinary Code for Officers) Rules, 1996 and Circular 19/2016 Civil Service Disciplinary Code are as follows;
SI 289/1996 was specific to Prison Staff only while Circular 19/2016 is applicable to all Civil Servants,
The description of breaches of discipline differ between SI 289/1996 and Circular 19/2016,
Under SI 289/1996 all breaches of discipline are dealt with by the Governor while Circular 19/2016 breaches are dealt with by the Relevant Manager and allows for -
Minor breaches to be dealt with by the Officer’s Line Manager (Relevant Manager) and
More serious breaches by the Governor (Relevant Manager).
Under SI 289/1996 the appropriate sanction to be recommended/applied is limited to;
Rule 5 – advice, caution or admonition as the circumstances may require,
Award a reprimand,
Award a reprimand and recommend a reduction in rank or a reduction in pay for a specific period of time, and
Award a reprimand and recommend that the Officer be dismissed.
Circular 19/2016 provides for a broader range of disciplinary sanctions with 13 sanctions available to be recommended and/or applied including -
Level 1 Verbal Warning
Level 2 Written Warning
Level 3 Final Written Warning
Extension of the period of validity of a warning
Deferral of an increment
Debarment from competitions or promotions for a specified period of time
Withdrawal of concessions
Reassignment to a different location or different duties
Withdrawal of allowances
Placing the civil servant on a lower rate of remuneration (including the withholding of an increment)
Reducing the civil servant to a specified lower grade or rank
Suspending the civil servant without pay
Dismissal
In addition, the Civil Service Disciplinary Code changes the manner in which appeals are made. Under SI 289/1996, appeals were considered either by the Director General of the Prison Service or a Disciplinary Review Committee as appropriate. Under Circular 19/2016 appeals are considered either by an Internal Appeals Officer, an External Appeals Officer or a Disciplinary Appeals Board.
Under SI 289/1996 the Director General of the Prison Service had the final decision on the appropriate sanction to be applied. Under Circular 19/2016, where sanctions 1-8 are to be applied, the final decision lies with the relevant manager and where more serious sanctions 9-13 are to be applied, the final decision lies with the Appropriate Authority under the relevant legislation, in this instance the Secretary General of my Department.
I am advised that the initial assessment from the Prison Service would suggest that the Civil Service Disciplinary code is a more efficient process leading to cases being dealt with in a more timely manner.
559. Deputy Patrick Costello asked the Minister for Justice the efforts made since January 2022 to alleviate the position in the Irish Prison Service whereby almost one quarter of prisoners were in some form of restricted regime as per the Irish Prison Service census. [27260/22]
View answerThe Irish Prison Service perform a quarterly census of the prison estate and publish the results on their website at www.irishprisons.ie/information-centre/statistics-information/census-reports/. This includes details, on a prison by prison basis, of the number of prisoners on restricted regimes each quarter.
According to the latest census which was carried out on 30 April 2022 the number of prisoners on restricted regimes has decreased by 224 in the overall figure compared to January 2022 (982 in January 2022 to 758 in April 2022), a decrease of 23%.
There are a number of reasons for the restriction to a person’s regime while in custody, including for safety or protection reasons, on the grounds of order and to protect the prison population from the spread of infection, including Covid-19.
Since the onset of the pandemic, a number of measures were introduced by the Service in order to protect the prison population, including the use of quarantine for new committals and isolation of suspected cases of Covid-19. These measures were introduced in line with Public Health advice and have resulted in an increase in the number of prisoners whose regime has been restricted. For medical and infection control reasons, prisoners suspected of infection are placed on a more restrictive form of regime while the testing process is completed.
All prisoners newly committed to prison are currently placed in quarantine for five days before being transferred into general population. This is in order to reduce the risk that a new committal, who might be incubating the virus, could spread Covid-19 into the general prison population. Furthermore, any prisoner who informs staff that they are experiencing symptoms of Covid-19 is immediately assessed by prison healthcare staff who arrange for the prisoner to be isolated and tested. Any prisoner who has had contact with another person who has been tested for Covid-19 and is awaiting results is also isolated from the prison population, while the testing process is completed.
The onset of the Omicron variant of Covid-19 had a significant impact in prisons at the end of 2021 and beginning of 2022 with multiple outbreaks of Covid-19 being experienced across the prison estate. As a result, over 470 prisoners had a restricted regime in January 2022 for isolation or quarantine reasons. I am pleased to note that this figure had reduced to 167 in the April census of restricted regimes. As of 31 May 2022, that number has reduced further to 159.
Prisoners who are in isolation and quarantine continue to have access to a wide range of services and facilities within the prison including phone calls, psychology supports, tuck shop, chaplaincy services and television and particular efforts are being made to ensure that prisoners can communicate with their families on the outside, through increased provision of telephone services.
On occasion, it is necessary for vulnerable prisoners and others to be separated from the general prison population for their safety. This is provided for under Rule 63 of the Prison Rules 2007. A prisoner may, either at his/her own request or when the Governor considers it necessary, in so far as is practicable and subject to the maintenance and good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause significant harm to him/her.
At the time of the last census, the number of prisoners on a restricted regime for protection reasons (Rule 63) was at 575, of which 563 were there at their own request.
Under Rule 62 of the Prison Rules 2007 a Governor may decide, for the maintenance of good order in the prison, to remove a prisoner from general association or structured activity to reduce the negative effect that a prisoner or prisoners may have on the general population. There were 16 prisoners restricted on grounds of order Rule 62 when the last census was taken.
Prisoners may have their regimes restricted for medical (Rule 64) or discipline reasons (Rule 67) and at the time of the census there were no prisoners restricted due to medical reasons (Rule 64) or discipline (Rule 67) reasons.
My Department has taken steps to bring the prison system into line with the United Nations Standard Minimum Rules for the Treatment of Prisoners (known as ‘Mandela Rules’) in respect of solitary confinement. This included Statutory Instrument 276 of 2017 which amended Rule 27 of the Prison Rules 2007 and which provides a statutory entitlement to prisoners for a minimum of two hours out-of-cell time daily. Therefore, all prisoners have a right, save in exceptional circumstances, to a minimum of 2 hours out of their cell with an opportunity for meaningful human contact.
The means by which this Statutory Instrument is implemented is contained within the Prison Service Policy on the Elimination of Solitary Confinement, which is publicly available on their website.
The Prison Rules provide that the imposition of a restricted regime is closely monitored by the Irish Prison Service and the status of each prisoner on restricted regime within the prison system is regularly reviewed.
560. Deputy Patrick Costello asked the Minister for Justice if she has considered the civil liberties implications of S.I. No. 250/2020 Prison (Amendment) Rules 2020, which was introduced in the context of the Covid pandemic but contain no reference to Covid itself, have no sunset clause and can be utilised upon the advice of a person at the level of the prison doctor; the timeline for the repeal of this legislation in line with the emergency pandemic health legislation which has lapsed; and if she will make a statement on the matter. [27261/22]
View answerThe Irish Prison Service remains committed to the provision of safe, secure and humane custody for people who are sent to prison in this State.
Covid-19 in a prison setting presents significant challenges for prison management in terms of controlling the spread of the virus amongst staff and prisoners, and the provision of appropriate medical treatment to affected persons.
Everyone involved in the Prison Service has worked tirelessly to ensure effective infection control measures are in place while at the same time continuing to provide a range of rehabilitative support services for prisoners in custody.
In 2020 the Prison Rules were amended so that changes to visits, physical recreation, exercise or training in prisons could be made as necessary to prevent or limit the spread of an infectious disease as specified by the Infectious Diseases Regulations 1981.
The amendment provides that the Governor may suspend or modify the provision of visits under Rule 35 and exercise under Rule 32 for a specified period or periods in order to prevent the spread of infectious or communicable diseases into or within prisons. When considering such suspensions or modifications a Governor must take into account any direction issued by the Director General of the Prison Service; any advice or guidelines issued by the Government such as Department of Health, HSE, NPHET; any advice or medical opinion of the prison doctor or other registered medical practitioner consulted by the Governor.
Throughout the course of the pandemic, the Prison Service has continued to review and modify preventative Covid-19 restrictions. Changes to such restrictions have been in alignment with various announcements made by Government and were informed by advice from Public Health/HSE and the Prison Service National Infection Control Team.
The roll out of the Covid-19 vaccination programme across the prisons estate contributed to the unwinding of restrictions in 2021. With the exception of Cloverhill Prison, which then did not have a critical mass of vaccinated prisoners, a significant number of measures in all other locations were relaxed due to the successful roll out of the programme of the vaccination programme across the prison estate.
Reflecting similar action taken in the community, a significant unwinding of measures took place in October, 2021, following the latest advice from Government. These included:
the recommencement of physical visits in all locations (except Cloverhill Prison),
the removal of the restriction preventing the mixing of prisoners from different areas within the prison,
the return of constructive activities to full capacity,
the recommencement of prisoner temporary release programmes, and
the resumption of religious services.
The resumption of these services was contingent on the continuation of a number of infection control measures to ensure the health and safety of both personnel, service providers and prisoners.
In line with both public health guidance and Government restrictions in place in the community, a number of other restrictions were retained at that time including the continued suspension of non-essential prison visits, the continued suspension of group gatherings including award ceremonies and presentations, the continued need to maintain social distancing and the wearing of face coverings.
The Prison Service has managed a number of Covid-19 outbreaks in prisons since November, 2021, which resulted in a significant number of prisoners and personnel testing positive for the virus.
The Service introduced a Covid-19 Contingency Plan which is implemented during an outbreak of the virus within a prison. The Service has revised this Plan and the procedures for the management of outbreaks which will eliminate the need for widespread restrictions and mass testing and ensure that restrictions are limited to the areas impacted by the outbreak.
Following a recent review, it was decided that due to the lower levels of Covid-19 in both the community and in prisons, a number of Covid-19 restrictions and infection control measures would be lifted from 9 May 2022.
These changes include the removal of infection control screens from physical visiting booths and visits have resumed in line with Prison Rules. Hospitality areas have resumed operation in prison visiting centres and children’s play areas have reopened. Furthermore, visiting times for Open Centres have returned to pre-pandemic levels.
Physical visits remain on a fortnightly basis and weekly visits remain under review. The wearing of face masks for the duration of a visit remains a requirement for both prisoners and visitors. Prisoners will continue to have access to a video visit on the week that they do not have a physical visit.
As indicated in my response to Dáil question 373 of 2 February 2020, the Prison Service is keeping under ongoing review any remaining infection control restrictions. While the unwinding of any remaining restrictions will be determined by the level of risk posed to prisons and will take into account Government decisions, I have asked my officials in the IPS to review S.I. No. 250/2020 with a view to revoking it if possible.
561. Deputy Patrick Costello asked the Minister for Justice the reason for the increase by almost 10% in the Irish Prison Service population since January 2022; the efforts being made to reduce this; and if she will make a statement on the matter. [27262/22]
View answerThe total number of prisoners in custody on 24 May 2022 was 4,082 compared with a bed capacity of 4,375. This represents an occupancy level of 93%.
Prior to the onset of the Covid pandemic the number of people in custody had been on an upward trajectory, however, this trend was halted in March 2020 when the Prison Service took action to reduce the number in custody to support an effective infection control regime. The impact of Covid in 2020 and 2021 saw the numbers in prison remain at a lower level due to a number of reasons, including reduced Courts activity during the period.
The Prison Service must accept all prisoners committed by the Courts and the prison system is, of course, subject to peaks and troughs. Numbers are particularly high when the Courts are at their busiest and following the return to a more normal level of Court activity, committals numbers have increased across the prison system. There were 2,409 committals to prison in the first four months of 2022 which is a 19% increase on the same period in 2021. As a result, almost all of the closed institutions are operating at, or near, full capacity.
The Prison Service regularly approves transfers out of affected prisons to other locations in order to prevent, in so far as possible, unacceptable occupancy levels and the Service are currently progressing a number of projects that will deliver additional prison spaces over the next twelve months. These projects include the reopening of the Training Unit on the Mountjoy campus to accommodate older prisoners which will see another 96 prisoner spaces operational in the coming weeks.
In addition, the construction of a new male wing and a female prison is underway in Limerick Prison and will provide 90 additional male and 22 additional female cell spaces. The construction of the new accommodation is expected to be completed by the end of the summer and will become operational by the end of 2022. This timeline assumes no further impact on construction activity or supply chain issues due to the pandemic.
The Prison Service has two supervised early release schemes, the Community Return Scheme for prisoners in the one to eight year sentence category and the Community Support Scheme for prisoners with sentences of less than 12 months. Since its inception in 2011 to the end of 2021, 2,990 prisoners have been released early from prison to take part in the Return Scheme and 3,660 prisoners have been released to take part in the Support Scheme.
As part of the work to ensure a coherent approach to enhancing and sustaining a more just and safe society, the Government committed to reviewing policy options for prison and penal reform. The resulting penal policy action plan is expected to be published shortly. The plan will consider the appropriate use of non-custodial sanctions and the role they can play in addressing criminality, reducing reoffending and providing protection to the public while holding the individual accountable.
As the Deputy will be aware, the Criminal Justice (Community Sanctions) Bill 2014 seeks to update the Probation of Offenders Act 1907. The aim of the Bill is to provide a modern statement of the law governing community sanctions, and the role of the Probation Service in the criminal justice system. It will facilitate the effective and efficient use of community sanctions by the courts, and will ensure that the courts have a wide range of appropriate options for dealing with people who have committed minor offences.
My Justice Plan for 2022 commits to the policy review of the General Scheme of the Criminal Justice (Community Sanctions) Bill 2014 being completed in the second quarter of this year. Once this review is complete, it is envisaged that it will be published and a revised General Scheme agreed in Q3 of this year with the aim of publishing the Bill in the final quarter of 2022.
562. Deputy Patrick Costello asked the Minister for Justice further to Parliamentary Question No. 56 of 5 April 2022, if she will provide an updated publication date for the findings of the high level taskforce to consider the mental health and addiction challenges of persons interacting with the criminal justice system in line with her prior commitment to have done so by the second quarter of 2022. [27263/22]
View answerLast April, together with the Minister for Health and Ministers of State Frank Feighan and Mary Butler, I established a High Level Taskforce to consider the mental health and addiction challenges of persons interacting with the criminal justice system.
In recognition of the need for a cross-Government approach to meeting the complex needs of such people, the Taskforce comprises representatives from a wide cross section of health agencies, the justice sector and other relevant stakeholders. The Taskforce is independently chaired by former Minister of State Kathleen Lynch.
I am pleased to report that work on the Taskforce has been progressing at pace since it was established in April of last year.
The Taskforce has already had ten plenary meetings and has established three subgroups on diversion; capacity issues in the Prison Service and National Forensic Mental Health Services; and community issues, including care after release.
The subgroups comprise of relevant experts, chaired by high ranking officials from the criminal justice sector, with the health leads represented and contributing to all. Each of these groups have met on at least twelve occasions.
The Taskforce has engaged with a large number of relevant bodies and civil society actors and it submitted an interim report to myself and the Minister for Health on 22 November 2021.
I understand that the work of the Taskforce is nearing completion and a first draft of the final report was discussed by the Taskforce at its meeting on 30th May. I expect to receive the final report and high level implementation plan for their recommendations in the coming weeks.
563. Deputy Claire Kerrane asked the Minister for Justice if she will provide an update regarding a specific visa application by a person (details supplied); and if she will make a statement on the matter. [27285/22]
View answerThe 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, my Department issued 11,512 citizenship decisions, which is the highest number of decisions made since 2015, and reflects positively the significant changes undertaken to date.
It is open to the applicant to contact the Citizenship Division of my Department at: citizenshipinfo@justice.ie at any time for an update on their application.
564. Deputy Catherine Connolly asked the Minister for Justice the number of people awaiting entry into the international protection system [27295/22]
View answer567. Deputy Catherine Connolly asked the Minister for Justice the number of international protection applications made to date in 2022. [27298/22]
View answer568. Deputy Catherine Connolly asked the Minister for Justice the number of applications currently awaiting a first instance decision at the International Protection Office; the median projected waiting time for a first instance decision for applicants for both prioritised and non-prioritised applications. [27299/22]
View answer569. Deputy Catherine Connolly asked the Minister for Justice the number of applications for international protection made by persons in prison to date in 2022. [27300/22]
View answerI propose to take Questions Nos. 564 and 567 to 569, inclusive, together.
The overall objective of my Department is to have recommendations made on international protection applications as soon as possible. This ensures that those who are found to be in need of protection from the State can receive it quickly and begin rebuilding their lives here with a sense of safety and security.
Anyone who wishes to make an application for international protection must proactively do so on their own behalf and on behalf of any of their minor family members. If they apply initially at their port of entry to the State they will still need to make a formal application at the Dublin offices of the International Protection Office (IPO) of my Department. There is no need to make an appointment. Everyone completes their preliminary interview under section 13 of the International Protection Act 2015 on the day they first attend the IPO offices. Therefore, there are no applicants waiting for a preliminary interview.
In recent months, the number of people claiming international protection has increased significantly with 3,354 applications made to the end of April 2022. This represents a 600% increase on the same period in 2021 and a 129% increase on the same period in 2019, the last year in which application numbers were not impacted by Covid-19. There have been 12 applications made by persons in prison to the end of April 2022.
Notwithstanding the very large increase in the number of applications, the median processing time for all international protection cases processed to completion by the IPO in Quarter 1 2022 was 26 months. The median processing times for prioritised applications processed in Q1 2022 was 18 months.
In total, there were 6,960 international protection applications on hand at the IPO at the end of April 2022.
I can assure the Deputy that my Department continues to work to improve the international protection process and to reduce processing times, in line with the recommendations made by the Expert Advisory Group, led by Dr. Catherine Day, and the commitments in the Government's White Paper. However, the substantially higher number of applications currently being received will present a significant challenge in achieving this.
An end-to-end review of relevant international protection processes by a multi-disciplinary team from my Department has been completed and published. New measures and procedures will continue to be put in place to improve efficiencies across all aspects of the protection process. My Department will, by October 2022 at the latest, commence a review of progress made in reducing and improving processing times.
I have also introduced a separate strand under the Regularisation Scheme for international protection applicants who have been in the asylum process for a minimum of two years, implementing a key recommendation of the Expert Advisory Group. My Department has written to approximately 4,000 potentially eligible applicants inviting them to apply under the Scheme and I would encourage anyone who may be eligible to consider applying. This strand of the scheme is open for applications until 7 August 2022.
565. Deputy Catherine Connolly asked the Minister for Justice the number of applications received, granted and refused respectively for labour market access permission for international protection applicants from July 2018 to date in 2022. [27296/22]
View answer566. Deputy Catherine Connolly asked the Minister for Justice the number of applications for labour market access permission made by international protection applicants from July 2018 to date in 2022 that have been refused; and the breakdown for the reason for refusal. [27297/22]
View answerI propose to take Questions Nos. 566 and 565 together.
International protection applicants are not required to apply for an employment permit from the Department of Enterprise, Trade and Employment to legally obtain employment in the State.
The European Communities (Reception Conditions) (Amendment) Regulations 2021 (S.I. No. 52 of 2021) reduced the waiting period for labour market access for international protection applicants to 6 months and extended the validity of a labour market access permission to 12 months, with effect from 9 February 2021.
Applications for a permission are made to the Labour Market Access Unit (LMAU) of my Department. If the application is successful, a labour market access permission is granted, which is valid for 12 months from the date of issue and may be renewed until a final decision is made on the person's international protection application.
From 30 June 2018 to 1 May 2022, a total of 10,571 applications have been processed by my Department for a first labour market access permission. Of these applications, approximately three quarters (8,077) have been granted and 2,309 have been refused. A further 185 applications have been deemed closed. Currently 453 applications are pending. The pending figure includes renewal applications, applications which have not yet reached the 6 months criterion, and those where the return of requested supporting documents is awaited and may therefore ultimately become granted applications.
A total of 4,568 people granted a permission have returned an LMA5 form to my Department to indicate they had become either employed or self-employed.
Regarding those applications that have been refused. The reasons for a refusal may fall into five categories, namely:
5 months has not elapsed since the individual’s application for international protection was made;
a final decision has been made on their international protection application;
the individual’s actions or inaction has contributed to a delay in the making of their first instance decision on their protection application;
a first instance decision has been made within 6 months; or
the individual does not have an open application for international protection.
570. Deputy Michael Healy-Rae asked the Minister for Justice if fees can be waived for a person (details supplied) who wants to apply for Irish citizenship; and if she will make a statement on the matter. [27319/22]
View answerThe fees in relation to applications for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011.
All applications for a certificate of naturalisation are processed and assessed individually in accordance with the legislation. There are no provisions to apply different criteria depending on the nationality of the applicant or the length of time they have resided in the state. All applicants are required to meet minimum periods of reckonable residence and standard checks are carried out as part of the overall process to maintain its integrity.
The current application fee is €175, payable when an application for naturalisation is lodged. A certification fee is payable only when the application is successful and a certificate of naturalisation issues. The standard certification fee is set at €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of recognised refugees and stateless persons, there is no certification fee.
The standard fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for a certificate of naturalisation which, given the benefits involved, is quite a detailed process.
All of the fees payable under the Irish Nationality and Citizenship Act 1956, as amended, are kept under ongoing review by my Department. However, there are currently no plans to amend the fees.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended and pay the appropriate fees.
571. Deputy Patrick Costello asked the Minister for Justice further to Parliamentary Questions Nos. 605 and 606 of 17 May 2022, the number of prisoners who had an error identified in the calculation of their sentence by prison, in tabular form; and if she will make a statement on the matter. [27337/22]
View answer572. Deputy Patrick Costello asked the Minister for Justice further to Parliamentary Questions Nos. 605 and 606 of 17 May 2022, the number of prisoners who had their sentence decreased following the 2021 audit of sentence calculations by prison, in tabular form; and if she will make a statement on the matter. [27338/22]
View answer573. Deputy Patrick Costello asked the Minister for Justice further to Parliamentary Questions Nos. 605 and 606 of 17 May 2022, the total number of cases in which prisoners continued to remain in detention following the expiration of their correct sentence; and if she will make a statement on the matter. [27339/22]
View answer574. Deputy Patrick Costello asked the Minister for Justice further to Parliamentary Questions Nos. 605 and 606 of 17 May 2022, the number of legal challenges that were taken by prisoners due to errors in sentence calculation; the number of completed legal challenges; the number of ongoing legal challenges; and if she will make a statement on the matter. [27340/22]
View answer575. Deputy Patrick Costello asked the Minister for Justice further to Parliamentary Questions Nos. 605 and 606 of 17 May 2022, the timeline for the proposed external review of the policies, processes and procedures for sentence calculation; if a shortlist of external candidates has been identified; and if she will make a statement on the matter. [27341/22]
View answerI propose to take Questions Nos. 571 to 575, inclusive, together.
Following identification of an error in December 2020, the Irish Prison Service carried out a review of sentence calculation and procedures to provide assurance on the accuracy of sentence calculation in respect of those in custody.
The outcome of this examination of almost 4,000 sentences was that a small percentage of release dates were put back, or brought forward, as the case might be.
A number of measures were identified to prevent such errors reoccurring and these are being actioned. In tandem with the review, a new overarching sentence calculation policy was also developed and implemented across the service.
To complement these steps, arrangements are also being put in place for an external review of this process. The further information requested is being compiled and I will write further to the Deputy when it is available to me.
