Wednesday, 14 Sep 2022

Citizenship Applications

Questions (430)

Seán Canney

Question:

430. Deputy Seán Canney asked the Minister for Justice the status of an application by a person (details supplied); and if she will make a statement on the matter. [44417/22]

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Written answers

The application for the person referred to by the Deputy was received by the Undocumented Unit of my Department on 17 February 2022 and continues to be processed. Due to the large number of applications on hand it is not possible to provide a definitive timeframe for a decision to issue.

In order to be fair to all applicants, applications are processed in order of the date on which they are received. Processing times may vary depending on the complexity of the application, whether it is a single or family application, the supporting documentation and the vetting process with An Garda Síochána. Applications where there is an existing deportation order in place will also require additional processing.

Each application received is assessed individually in accordance with the published criteria, available on my Department's immigration website at: https://www.irishimmigration.ie/wp-content/uploads/2022/01/Undocumented-Policy-Scheme-January-2022.pdf.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Citizenship Applications

Questions (431)

Thomas Pringle

Question:

431. Deputy Thomas Pringle asked the Minister for Justice the number of applications that her Department annually receives for citizenship based on Irish descent or associations; the average processing time; if applications are received from persons who are resident outside the State; and if she will make a statement on the matter. [44503/22]

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Written answers

Minister for Justice

Statistics are not compiled in such a manner as to identify applicants for a certificate of naturalisation by Irish association as required by the Deputy, however, I am informed by my officials that there are currently 311 Irish association cases under active consideration.

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 and assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.

Section 15 of the Act sets out the statutory conditions that must be fulfilled for a certificate of naturalisation to be granted.

Section 16 of the Act gives the Minister the absolute discretion to waive the statutory conditions in certain circumstances, including where the applicant is of Irish descent or Irish associations (defined as related through blood, affinity or adoption to a person who is or is entitled to be an Irish citizen). Any application under Section 16 that relies on Irish associations and affinity should be supported by substantive documentation supporting the claim, documentation that in the view of the Minister renders the application exceptional and one where the normal pathways to citizenship provided for under the legislation are not appropriate.

There is no right or entitlement to have any of the statutory conditions waived even where the applicant comes within the certain circumstances defined. This discretion is used very rarely and only under the most exceptional and compelling circumstances

Departmental Staff

Questions (432)

Catherine Murphy

Question:

432. Deputy Catherine Murphy asked the Minister for Justice the number of persons employed in her Department who have a formal agreement to work from home one day per week, two days per week and five days per week; her Department’s policy in respect of facilitating requests by persons to work from home; and the number of persons who have made requests to work from home in 2021 and to date in 2022, that have been declined. [44584/22]

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Written answers

Minister for Justice

The core mission of my Department is to work for a safe, fair and inclusive Ireland as set out in our Statement of Strategy 2021-2023. Blended Working is a key part of our vision to build a more dynamic, agile and responsive organisation by supporting new ways of working, in terms of where, when and how we work, while sustaining strong standards of performance and high levels of productivity.

My Department’s Blended Working Policy was launched in May 2022 and the application process for blended working has been open to eligible staff since August 5, 2022. The policy indicates a minimum requirement for staff whose role has been deemed suitable for blended working, to attend at the office on 2 days per week, to ensure team connectivity and collaboration. However, given the diverse nature of the work undertaken by my Department, the number of days that staff are required to attend the office will be dependent on the business needs of each area.

Staff of my Department have been invited to submit an application for blended working before September 23, 2022. However, the application process will remain open for new starters.

As of September 8, 2022, 174 applications have been approved, one has been denied, 274 are pending and 20 have been returned to the applicant requesting more information. It is expected that these figures will increase in the coming weeks in advance of the application submission deadline.

The Deputy may wish to note that following a role suitability exercise within the Department in Q2 of this year, 1,268 roles were deemed suitable and 316 roles were deemed unsuitable for blended working. Some of the reasons why a role may not be deemed suitable for Blended Working include:

The role is 100% public facing and directly engaged in the delivery of services to our customers, and/or

The key responsibilities and core tasks of the role involves 100% paper based processing, and/or

The role requires access to systems that cannot be accessed remotely, and/or

The role requires a 100% on-site presence in order to discharge the functions of the role, and/or

Other specific tasks pertaining to the particular role that are considered by management to be not suitable for Blended Working.

There were no formal applications for blended working in 2021 as the Department was still operating within the Covid-19 restrictions in place at that time.

An Garda Síochána

Questions (433)

Darren O'Rourke

Question:

433. Deputy Darren O'Rourke asked the Minister for Justice the number of Garda cars and motorcycles attached to the Meath roads policing unit as of 31 December 2020 and 6 September 2022, in tabular form. [44600/22]

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Written answers

Minister for Justice

The Deputy will be aware that, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána. The allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. As Minister, I have no role in these independent functions. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.

I am informed by the Garda authorities that the table below sets out the number of vehicles attached to the Meath Divisional Roads Policing Unit at 6 September 2022 and at 31 December 2020.

Meath Divisional Roads Policing Unit	Cars	Motorcycles	4x4	Total
6 September 2022	4	2	1	7
31 December 2020	5	2	1	8

I can assure the Deputy that the Government is committed to ensuring An Garda Síochána has the resources it needs to deliver a modern, fit-for-purpose, policing service. Budget 2022 provides in excess of an unprecedented €2 billion for An Garda Síochána, of which I am informed that €12m has been allocated for investment in the Garda fleet.

Bench Warrants

Questions (434)

Darren O'Rourke

Question:

434. Deputy Darren O'Rourke asked the Minister for Justice the number of bench warrants outstanding in the Meath Garda division as of 6 September; and the number that are outstanding for a period in excess of two years. [44601/22]

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Written answers

Minister for Justice

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including operational policing matters. As Minister, I have no direct role.

The table below, provided to me by the Garda authorities, outlines the number of bench warrants outstanding in the Meath Garda Division as of 6 September 2022, and the number that are outstanding for a period in excess of two years.

Division	Outstanding	24 Months or Older
Meath Division	718	275

I am advised that the above figures were collated based on data from PULSE as of 1:30am on 8 September 2022. The Deputy will appreciate that these figures are operational and may be liable to change.

Prison Service

Questions (435)

Darren O'Rourke

Question:

435. Deputy Darren O'Rourke asked the Minister for Justice the number of full-time nurse officers employed by the Irish Prison Service as of 31 August 2020, 31 August 2021 and 6 September 2022, in tabular form. [44602/22]

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Written answers

Minister for Justice

The Deputy may wish to note that ‘Prison Nurses’ have been employed by the Irish Prison Service since 2012, following the restructuring of nursing in the Irish Prison Service as a result of the Haddington Road Agreement. Prior to 2012, the Irish Prison Service employed the grade of ‘Nurse Officer’.

The information requested by the Deputy, for both Prison Nurses and Nurse Officers, is set out in the table below.

-	August 2020	August 2021	Sept 6th 2022
Prison Nurse	66	61	66
Nurse Officer	68	64	60
Total	134	125	126

It may be of interest to the Deputy to know that the Irish Prison Service have advised that staffing requirements are continuously monitored and that vacancies can arise as a result of multiple factors including mobility, promotions and retirements. The recruitment of Prison Nurses by the Irish Prison Service has been ongoing since 2018 and has regard to such factors as service needs and retirement levels. There were 9 nurses recruited in 2018, 19 in 2020, 6 in 2021 and 6 up to the 14 September 2022.

I can assure the Deputy that the Prison Service continues to work to enhance and improve its level of medical service delivery to prisoners. The Service has recently concluded a comprehensive Health Needs Assessment (HNA) to examine the broad range of health care services that are provided across the entire prison estate.

In addition, the Prison Service central nursing resource is currently being strengthened and the Prison Service is progressing the appointment of a senior nursing post in Mental Health and Addiction and two additional posts relating to Clinical Professional Development and Clinical Care Pathways are also under consideration.

Residency Permits

Questions (436)

Bernard Durkan

Question:

436. Deputy Bernard J. Durkan asked the Minister for Justice the current and-or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [44642/22]

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Written answers

Minister for Justice

The application for the person referred to by the Deputy was received by the Undocumented Unit of my Department on 11 March 2022 and continues to be processed. Due to the large number of applications on hand it is not possible to provide a definitive timeframe for a decision to issue.

In order to be fair to all applicants, applications are processed in order of the date on which they are received. Processing times may vary depending on the complexity of the application, whether it is a single or family application, the supporting documentation and the vetting process with An Garda Síochána. Applications where there is an existing deportation order in place will also require additional processing.

Each application received is assessed individually in accordance with the published criteria, available on my Department's immigration website at: https://www.irishimmigration.ie/wp-content/uploads/2022/01/Undocumented-Policy-Scheme-January-2022.pdf.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Prison Service

Questions (437)

Peadar Tóibín

Question:

437. Deputy Peadar Tóibín asked the Minister for Justice if she will provide a breakdown of the total number of prisoners who have died in the State, by cause of death in each of the past ten years and to date in 2022, in tabular form. [44669/22]

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Written answers

Minister for Justice

I can advise the Deputy that the information relating to the number of prisoners who died in the State in each of the last ten years and to date in 2022 is provided in the tables below.

As previously advised, the Irish Prison Service does not record the cause of death where the death occurred while the prisoner was outside the prison either on temporary release, renewable temporary release, full temporary release or unlawfully at large.

All deaths in custody are notified to An Garda Síochána, who investigate where circumstances warrant, in addition to the inquest held in the Coroner's Court. The cause of death is determined by a jury on the basis of the information presented to the Coroner's Court.

The Deputy will also be aware that since April 2012 all deaths in custody are also subject to an independent investigation by the Inspector of Prisons.

Further the Prison Service has a robust, internal review mechanism which assesses the circumstances of a death in custody, highlights accountability and actions taken in relation to the incident, and outlines lessons learned. This outcome review is reported to the Irish Prison Service National Suicide and Harm Prevention Steering Group, which is chaired by the Director General.

The circumstances of each death in custody and incident of self-harm are also examined by a suicide prevention group in each institution. The groups are chaired by the Prison Governor and include representatives from the various services including; Prison Doctor, Psychiatry, Psychology, Chaplaincy, Probation, Education, and Prison staff. The Groups are required to meet quarterly, or more often if necessary. Their examinations fully cover the background and circumstances of each death. Their objective is to identify, where possible, measures which might be implemented to contribute to a reduction in the risk of deaths in the future.

Table 1: Total Deaths in custody from 2012 to 11 September inclusive that took place while the prisoner was in Prison, outside the prison on Temporary Release, on Renewable Temporary Release, Full Temporary Release or Unlawfully at Large

Year	In Prison	Temporary Release	Unlawfully at large	Annual Total
2022	15	1	0	16
2021	8	2	0	10
2020	8	5	1	14
2019	14	7	0	21
2018	9	9	1	19
2017	10	4	0	14
2016	5	5	0	10
2015	15	8	0	23
2014	8	7	0	15
2013	9	5	0	14
2012	5	13	0	18
Total	106	66	2	174

Table 2: Deaths in Custody 2012 to 11 September 2022 inclusive classified by cause of death as determined by Coroner

Year	Suicide	Deceased took his own life	Misadventure	Natural Causes	Open	Narrative Verdict	Unlawful Killing	Inquest Pending	Annual Total
2022	0	0	0	0	0	0	0	15	15
2021	0	0	0	0	0	0	0	8	8
2020	0	0	0	1	0	0	0	7	8
2019	0	0	0	3	0	0	0	11	14
2018	1	0	1	3	0	0	0	4	9
2017	2	0	1	2	2	0	0	3	10
2016	2	1	0	1	0	1	0	0	5
2015	1	1	4	4	1	2	1	1	15
2014	2	0	3	1	1	1	0	0	8
2013	3	0	1	2	1	0	0	2	9
2012	2	0	1	1	1	0	0	0	5
Total	13	2	11	18	6	4	1	51	106

Data Protection

Questions (438)

Johnny Mythen

Question:

438. Deputy Johnny Mythen asked the Minister for Justice the estimated starting date for the recently announced two new Data Protection Commissioners; and if she will make a statement on the matter. [44732/22]

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Written answers

Minister for Justice

The Programme for Government commits to ‘recognise the domestic and international importance of data protection in Ireland’ and states that the Government ‘will ensure that Ireland delivers on its responsibilities under the General Data Protection Regulation’.

In line with this commitment, on 27 July, I announced that the Government had approved commencement of the process to appoint two additional Commissioners to support the evolving organisational structure, governance and business needs of the Data Protection Commission. The appointments are to be made in accordance with Section 15 of the Data Protection Act 2018, which provides for up to three Commissioners to be appointed.

The process to select the two new Commissioners will be undertaken by the Public Appointments Service, as provided for under this section of the Act. The appointments will then be made by the Government. The terms and conditions of the appointments are subject to the agreement of the Minister for Public Expenditure and Reform. It is expected that this process will take in the region of six months to complete.

Data Protection

Questions (439)

Johnny Mythen

Question:

439. Deputy Johnny Mythen asked the Minister for Justice the resources that the Data Protection Commission received from 2018 to date; if resources will be increased in 2023; and if she will make a statement on the matter. [44733/22]

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Written answers

Minister for Justice

The Programme for Government commits to ‘recognise the domestic and international importance of data protection in Ireland’ and states that the Government ‘will ensure that Ireland delivers on its responsibilities under the General Data Protection Regulation’.

The Government is very conscious of the commitment to deliver effective data protection regulation and protection of the data privacy rights of EU citizens, which is critical to the development and growth of our digital economy.

In dialogue with the Data Protection Commission, and with other relevant Government Departments, my Department’s role is to ensure that the Commission continues to have the resources required to fulfil its important, statutory obligations.

The Data Protection Commission has its own Vote (44) and was allocated €23.2 million in Budget 2022, a 22% increase on the €19.1 million that was allocated for 2021.

The budget allocation for 2018 was €11.7 million, for 2019 it was €15.3 million, and for 2020 it was €16.7 million. This reflects a commitment to ensure that the DPC is resourced to enable it to perform its functions and responsibilities effectively. The allocation for 2023 is a matter to be considered in the context of Budget 2023.

Budget 2023

Questions (440)

Paul Murphy

Question:

440. Deputy Paul Murphy asked the Minister for Justice if her attention has been drawn to the requests of an organisation (details supplied) in budget 2023 for modest investment in critical human rights infrastructure; if she will ensure that these are included; and if she will make a statement on the matter. [44779/22]

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Written answers

Minister for Justice

The Government's budgetary strategy has been outlined in the Summer Economic Statement, which is published on gov.ie, and all matters in relation to additional funding proposals are being considered within the parameters set out.

The budgetary process is currently underway and Estimates for all votes will be published on Budget Day.

Immigration Policy

Questions (441)

Emer Higgins

Question:

441. Deputy Emer Higgins asked the Minister for Justice if her attention has been drawn to calls from an organisation (details supplied) to expand the stamp 1G visa to a spouse, de facto partner of a general permit holder or an intra-company transfer permit holder, instead of limiting it to graduate student or critical-skill permit holders and researchers; her views on the matter; and if she will make a statement on the matter. [44781/22]

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Written answers

Minister for Justice

The rules applying to beneficiaries of critical skills and general work permit holders is determined by the Department of Enterprise, Trade and Employment and at present I am not aware of any plans by that Department to amend the rules attaching to those granted a general employment permit.

As the Deputy will be aware, a spouse/de facto partner of a critical skills employment permit holder join their spouse in the State at the same time as their arrival in the State and on registration at their local Registration office may apply for a Stamp 1G permission. However the spouse of a general permit holder must wait 12 months before making such an application. However, it remains open for the spouse or de facto partner of a general employment permit holder to join their partner by making an application in their own right that does not rely on spousal dependency. Details of other pathways for entry to the State, can be found on https://www.irishimmigration.ie/.

The spouse/de facto partner may also seek an employment permit in their own right from the Department of Enterprise, Trade and Employment, which if granted, would entitle them to apply for Stamp 1 from their local immigration office. Further information relating to employment permits can be found on that Department's website, www.enterprise.gov.ie.

Immigration Policy

Questions (442)

Emer Higgins

Question:

442. Deputy Emer Higgins asked the Minister for Justice if her attention has been drawn to calls from an organisation (details supplied) to introduce a five-year visa to allow former Irish residents whose family still reside in Ireland to return to Ireland for regular family visits; and if she will make a statement on the matter. [44782/22]

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Written answers

Minister for Justice

I can inform the Deputy that on 22 April 2022, I announced the extension of the 5-year multi entry short-stay visa option to all visa-required countries.

The availability of 5-year multi entry short stay visas to eligible applicants from all visa required countries is a very positive measure. It will enable people who visit Ireland regularly, for business or family reasons in particular, to make one application, which when granted, will then cover travel over a five year period. This will make travelling to Ireland a more convenient and attractive option at a time when travel worldwide is resuming and our tourism industry, in particular, is reopening following the impact of the COVID 19 pandemic.’

Prior to this announcement, Ireland offered 1 year, 2 year and 3 year multi-entry visas, with the option of a 5 year multi-entry visa only available to Chinese passport holders (introduced in 2019). This eligibility has now been extended to all visa required countries.

In general, multi entry visas are only issued to an applicant who has shown a compliant Irish travel history. People who have frequent travel to the UK, Schengen zone, USA, Canada, Australia or New Zealand, and have observed the conditions of those visas will also be able to apply for the option of a multi-year visa (of any duration from 1 to 5 years), even if they have no previous Irish travel history. A multi entry visa may also be approved for some business travellers, under certain conditions, who have no previous travel history to Ireland. A multi entry visa permits the holder to travel to Ireland on a number of occasions during the dates shown on the visa. The standard single entry visa option also remains available.

Naturalisation Applications

Questions (443)

Bernard Durkan

Question:

443. Deputy Bernard J. Durkan asked the Minister for Justice the progress that has been made to date in the determination of applications for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [44795/22]

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Written answers

Minister for Justice

The applications for naturalisation from the people referred to by the Deputy, continue to be processed by my Department with a view to establishing whether the applicants meets the statutory conditions for the granting of naturalisation, and will be submitted to me for decision in due course.

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.

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.

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 directly at citizenshipinfo@justice.ie for an update on their application.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Immigration Status

Questions (444)

Bernard Durkan

Question:

444. Deputy Bernard J. Durkan asked the Minister for Justice the current residency status in the case of a person (details supplied) who is anxious to regularise their position; and if she will make a statement on the matter. [44799/22]

View answer

Written answers

Minister for Justice

The application for the person referred to by the Deputy was received by the Undocumented Unit of my Department on 16 March 2022 and continues to be processed.

Due to the large number of applications on hand it is not possible to provide a definitive timeframe for a decision to issue. Each application received is assessed individually in accordance with the published criteria, available on my Department's immigration website at: https://www.irishimmigration.ie/wp-content/uploads/2022/01/Undocumented-Policy-Scheme-January-2022.pdf.

In order to be fair to all applicants, applications are processed in order of the date on which they are received. Processing times may vary depending on the complexity of the application, whether it is a single or family application, the supporting documentation and the vetting process with An Garda Síochána. Applications where there is an existing deportation order in place will also require additional processing.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Domestic Violence

Questions (445)

448. Deputy Mick Barry asked the Minister for Justice , further to Parliamentary Question No. 1240 of 26 April, if the outcome of the review of the atypical work permit scheme for non-EEA fishers will be published in the near future; if she will ensure that the outcome will be published by the end of September; and if she will make a statement on the matter. [44823/22]

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Mick Barry

Question:

449. Deputy Mick Barry asked the Minister for Justice the number of fishers who are currently approved for the atypical work permit scheme for non-EEA fishers; the breakdown of the fishers by nationality, in tabular form; and if she will make a statement on the matter. [44824/22]

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Written answers

Minister for Justice

I propose to take Questions Nos. 447 to 449, inclusive, together.

As the Deputy is aware, the Atypical Working Scheme (AWS) was established as a cross Departmental response to address the matter of non-EEA workers on certain categories of vessels in the Irish fishing fleet, who are not currently eligible for an employment permit under the system operated by the Department of Enterprise, Trade and Employment.

The scheme provided, for the first time, a framework for the employment of non-EEA workers within defined segments of the Irish fishing fleet and was welcomed as a solution to the risk of exploitation and to guarantee employment rights and protections to non-EEA fishers availing of the scheme.

Officials of my Department have on-going engagements with various stakeholders including fishers and / or their representatives in the normal course of dealing with the operation of the AWS. Stakeholder engagement is viewed as very beneficial to the smooth operation of the AWS more generally.

I can confirm that officials from a number of Departments, including my own, have met with various stakeholders over the past months regarding the ongoing review of the AWS.

The review of the Atypical Working Scheme remains under active consideration by the relevant Departments, with a view to bringing recommendations to Government in the near future. In the meantime, the Oversight Committee, chaired by the Department of Agriculture, Food and Marine continues to oversee the scheme as currently structured.

As of 9 September 2022, there are currently 276 individuals holding a letter of approval under the Atypical Working Scheme for non-EEA crew in the Irish fishing fleet. These 276 Individuals represents all individuals in receipt of a letter of permission under the terms of the Scheme between Friday 10 June 2021 and Friday 9 September 2022, allowing for the 90 day validity period of the issued letter of permission.

The breakdown by nationality of these 276 individuals is as follows:

Nation of Origin
Philippines	131
Indonesia	54
Egypt	39
Ghana	39
Other	13
Total	276

Question No. 448 answered with Question No. 447.