Tuesday, 8 Nov 2022

Immigration Status

Questions (853)

Niamh Smyth

Question:

853. Deputy Niamh Smyth asked the Minister for Justice if she will provide an update on an application by a person (details supplied) for a scheme; and if she will make a statement on the matter. [54481/22]

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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 07 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.

The processing times of applications will 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 (AGS). Applications where there is an existing deportation order will require additional processing.

Each application received is assessed individually in accordance with the published criteria, available on my Department's immigration website at: 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.

Immigration Status

Questions (854)

Bernard Durkan

Question:

854. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed in the case of a person (details supplied); and if she will make a statement on the matter. [54550/22]

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Written answers

Minister for Justice

As the Deputy will be aware, registrations for people living outside of the Dublin area are processed by the Garda National Immigration Bureau (GNIB) through the Garda Station network.

The Deputy will appreciate that the processing of these registrations is an operational matter for An Garda Síochána.

In December 2021, I announced that customers renewing their immigration permission were no longer required to submit their passport to have an immigration permission attached. While having an in-date passport is not a requirement in itself to renew an immigration permission, it is strongly advised that a person maintains same for other purposes while resident in the State.

The person referred to by the Deputy should attend their local immigration office and, in applying to renew their permission, should provide evidence of attempts to secure a new passport from the relevant Embassy or Consulate. Each application for renewal of an immigration permission is decided on its individual merits.

My Department is not in a position to provide assistance with obtaining a new or replacement national passport. This is a matter for the relevant national government.

Immigration Status

Questions (855)

Bernard Durkan

Question:

855. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed by a person (details supplied); and if she will make a statement on the matter. [54555/22]

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Written answers

Minister for Justice

The person referred to by the Deputy holds a Stamp 4 permission, which expires on 20 July 2025.

On 17 December 2021, I announced the final temporary extension of immigration and international protection permissions to 31 May 2022. This extension applied to permissions that were due to expire between 15 January 2022 and 31 May 2022, and included permissions that had already been extended by the previous temporary extensions since March 2020.

The immigration permission of the person referred to by the Deputy was covered by this extension from March 2020, or from the date of the landing stamp as they entered the State, and will benefit towards the qualifying criteria when applying for naturalisation, if their permission was a reckonable Stamp.

Applicants may rely on the above published notice on the ISD website irishimmigration.ie to confirm that their registration was renewed in line with this notice. However, they must still support their application by providing evidence that they continued to reside in the State if they are drawing on any or all of this time for the qualifying period.

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. Applicants will be required to reach a score of 150 points in each of the years that proof of residency is required.

Prison Service

Questions (856)

Martin Kenny

Question:

856. Deputy Martin Kenny asked the Minister for Justice when SI 250 (suspension of rules related to prison visits) will be revoked; and if she will make a statement on the matter. [54563/22]

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Written answers

Minister for Justice

As the Deputy will be aware, the Irish Prison Service has continued to unwind Covid-19 restrictions throughout 2022, with most restrictions lifted at this stage and normal service provision in operation across the Prison Estate subject to available resources.

The Irish Prison Service is currently working towards the resumption of weekly physical visits on a trial basis by the end of November 2022.

The Irish Prison Service is mindful of the importance of ensuring that prisoners continue to maintain meaningful contact with their families while in custody. Families and friends play an important and supportive role in the rehabilitation of prisoners and in their preparation for life post release.

Throughout the pandemic the Irish Prison Service facilitated family visits through the provision of physical visits, when safe to do so, or through the provision of video visits. In light of their popularity, the Irish Prison Service intends to continue to offer the use of video visits as an additional visiting mechanism going forward.

It is however important to note that under S.I. No. 250 of 2020 changes to visits, physical recreation, exercise or training in prisons can be made as necessary to prevent or limit the spread of an infectious disease as specified by the Infectious Diseases Regulations 1981. This is not limited to the control of Covid-19 but rather a whole range of dangerous and infectious diseases.

However, I can assure the Deputy that the Service will continue to balance the need for infection control with the need to ensure that prisoners continue to receive support from family and friends while in prison.

An Garda Síochána

Questions (857)

Martin Kenny

Question:

857. Deputy Martin Kenny asked the Minister for Justice if files from the Garda complaints board were retained after its dissolution; the locations in which retained files can be accessed; and if she will make a statement on the matter. [54564/22]

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Written answers

Minister for Justice

The Garda Síochána Complaints Board and the related Garda Síochána Complaints Appeal Board were established under the Garda Síochána (Complaints) Act 1986 to investigate complaints concerning the conduct of members of the Garda Síochána. These functions were retained until Part 3 of the Garda Síochána Act 2005 was enacted and the Garda Síochána Ombudsman Commission (GSOC) was established in December 2005. It was not until GSOC became fully operational in 2007 that the responsibility for receiving complaints transferred in its entirety to the Commission.

It was therefore necessary to maintain the existence of Garda Síochána Complaints Board and the related Appeal Board to enable these bodies to conclude cases which they were already investigating. Complaints which the Board had received but not commenced investigating were transferred to GSOC in accordance with transitional provisions of the Garda Síochána Act 2005.

The Garda Síochána Complaints Board and the Garda Síochána Appeals Board were dissolved with effect from 30 June, under S.I. No. 271 of 2015.

As part of its dissolution, I am advised that the Board's remaining files were gifted to the National Archives Office where they are closed from public viewing for 40 years from that date. I am further advised that certain records relating to closed cases had, with the advice of the Attorney General's Office, previously been destroyed.

Departmental Properties

Questions (858)

Pat Buckley

Question:

858. Deputy Pat Buckley asked the Minister for Justice if her Department has made any proposal to purchase a site (details supplied) in County Cork; and if she will make a statement on the matter. [54627/22]

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Written answers

Minister for Justice

I can inform the Deputy that my Department has not made any proposal to purchase the site in question.

Immigration Policy

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Written answers

Minister for Justice

I propose to take Questions Nos. 859, 862, 869, 876 and 895 together.

The scheme for the Regularisation of Long Term Undocumented Migrants closed on 31 July 2022. This once in a generation scheme was designed to give long-term undocumented people without a current permission to remain in the State, the chance to regularise their status, access the labour market and begin their path to citizenship.

Any person who previously held an immigration permission or a temporary permission to remain while their application pursuant to the relevant legislation was under consideration or at review stage would not be considered as undocumented and therefore this period of time will not meet the criteria for the recently closed regularisation scheme.

My Department had significant engagement with the NGOs in this sector before and during the timeframe for applications and also widely advertised the scheme in advance of and during the 6 month window it was open. Additionally, a targeted media campaign was launched during the final weeks of the scheme.

If a person remains resident in the State without an immigration permission I encourage them to contact the Immigration Service Delivery (ISD) or their local immigration office and to take all the appropriate steps to regularise their status.

Any application submitted should explain their current circumstances and future intentions in the State and provide any documentation they feel will support their application.

In all cases, people must engage with the authorities if they wish to be permitted to remain here legally.

The Immigration Service Delivery (ISD) examines each application to remain in the State on a case-by-case basis and has consistently urged anyone in this position to come forward if they wish to apply to regularise their immigration position in the State.

An Garda Síochána

Questions (860)

Mark Ward

Question:

860. Deputy Mark Ward asked the Minister for Justice if there is a redress scheme for people if their property is damaged by An Garda Síochána; and if she will make a statement on the matter. [54648/22]

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Written answers

Minister for Justice

As the Deputy may be aware, claims from property owners for damage caused to their properties arising from searches undertaken by the Garda Síochána are managed by the State Claims Agency (SCA).

Each claim is considered separately, having regard to the particular facts of the case.

The general policy of the State Claims Agency, in relation to such claims, is that where the Gardaí cause damage to property in conducting a search, any claim from the property owner in respect of that damage is contested unless there is demonstrable negligence on the part of the Garda authorities. Other relevant factors taken into account include whether the Gardaí were acting on foot of a search warrant or whether they had other lawful authority to carry out a forced entry to a premises.

Search warrants authorise the Gardaí to use force to gain entry to a property if necessary and the Gardaí have no legal liability to the property owner for the damage caused in forcing entry to the property in those circumstances. The approach taken by the State Claims Agency in contesting these claims has been upheld by the Courts in a number of claims brought to court by property owners.

An Garda Síochána

Questions (861)

Catherine Murphy

Question:

861. Deputy Catherine Murphy asked the Minister for Justice if she will immediately move to amend regulations in respect of Garda trainee recruitment, to increase the maximum age of applicants ahead of the next recruitment campaign; and her views on whether the current maximum age of applicants gives rise to a perception that the police service is ageist. [54683/22]

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Written answers

Minister for Justice

I welcome the strong interest which exists for serving as a member of An Garda Síochána and the strong desire which many people have to serve our communities. The 2022 recruitment campaign for An Garda Síochána saw 11,000 people express an interest in joining the service.

As the Deputy will be aware, recruitment to An Garda Síochána is governed by legislation, particularly the Garda Síochána (Admissions and Appointments) Regulations 2013 (as amended). These Regulations provide that the maximum age at which a person may apply to become a member of An Garda Síochána is not more than 35 years of age on the closing date of any Garda recruitment competition. Any amendments to these Regulations would be carried out in consultation with the Garda Commissioner and the Policing Authority and put before Government for approval.

There is an ongoing appeal to the Labour Court in relation to the maximum age of Garda recruitment, and the Department of Justice and An Garda Síochána are parties to this appeal. Accordingly, it would be inappropriate to comment on the matter at this time.

An Expert Review Group was established by the Garda Commissioner to examine the issue of Garda recruitment, entry pathways and recruit education. This review is a commitment under A Policing Service for our Future, the Government’s implementation plan for the recommendations of the report of the Commission on the Future of Policing in Ireland. The Group examined a variety of matters, including the age of recruitment to An Garda Síochána.

I am informed that the Group’s report is currently being considered by the Garda Commissioner.

Question No. 862 answered with Question No. 859.

Alcohol Sales

Questions (863)

Darren O'Rourke

Question:

863. Deputy Darren O'Rourke asked the Minister for Justice if she has engaged with the taxi sector in relation to the reform of the opening hours of pubs and nightclubs, considering the important role taxis play in the night-time economy; and if she will make a statement on the matter. [54732/22]

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Written answers

Minister for Justice

Following extensive consultation with representative bodies in the licensed trade, businesses, public health bodies, consumers and communities, the General Scheme of the Sale of Alcohol Bill was published on the 25th of October. It marks the Government’s commitment to the reform and streamlining of licensing laws to support and stimulate the night time economy.

The present system is based on a patchwork of 100 laws - some of which are almost 200 years old and two thirds of which pre-date the foundation of the State 100 years ago.

The General Scheme of the bill proposes to modernise permitted opening hours, in line with the expectations and needs of today’s society and encourage the development of a modern and diverse night-time economy. The General Scheme of the bill also intends to streamline the licensing system and provide for a more transparent, user-friendly application process.

Given the known social and health effects associated with misuse of alcohol, Ireland has, for many decades, operated a restrictive regime for licencing. The General Scheme of the bill retains proposes to retain that approach and will ensure that the sale of alcohol remains closely regulated.

The Minister recognises the importance of ensuring that the voices of local communities are heard during the licencing process. The General Scheme of the Sale of Alcohol Bill makes provisions for objections to be raised in court to the renewal of a retail licence by any person with a substantial or bona fide interest in the matter and is resident in the neighbourhood. It will be possible to object on a number of grounds, including a new category that the premises were not operated in a manner which protects staff, patrons and performers from harassment, including sexual harassment. This is in line with the Zero Tolerance plan to tackle domestic, sexual and gender-based violence.

Ultimately, the proposed legislation strikes a balance between maintaining strict controls and safeguards while providing much needed support to those involved in our night time culture and economy.

The public consultation process which ran between 25 November 2021 and 21 January 2022 invited and received submissions from a wide range of sectors, including the taxi sector.

The Night Time Economy Taskforce, which included the participation of the Department of Justice, the Department of Transport and the National Transport Authority, addressed issues relating to transport provision and its report specifically recognised the provision of transport as an essential support to the Night time economy.

Pre-legislative scrutiny will provide an opportunity for the Joint Oireachtas Committee on Justice to engage with sectoral groups, including those representing transport bodies, should it so wish.

Road Traffic Accidents

Questions (864)

Peadar Tóibín

Question:

864. Deputy Peadar Tóibín asked the Minister for Justice the total number of road traffic fatalities from 1 January 2022 by speeding and non-speeding causes, in tabular form; and if she will make a statement on the matter. [54733/22]

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Written answers

Minister for Justice

At the outset I would like to assure you that I am deeply conscious the traumatic impact that road traffic fatalities has on those families and friends who have lost loved ones as a result of road traffic accidents.

As you will appreciate, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including the collection of Garda statistical data. As Minister for Justice, I have no role in such matters.

However, I am assured by An Garda Síochána that they remain committed to working closely with all road safety agencies to focus on high risk behaviour, including speeding, with the key objective of reducing the number of serious injury collisions and fatalities on our roads.

Levels of enforcement are high and involve targeted policing and awareness raising measures, including the deployment of safety cameras throughout the country with a view to preventing the commission of offences, detecting errant road users, changing the behaviour and ultimately reducing death and injuries on our roads.

To be of assistance, I requested the information sought by the Deputy from An Garda Síochána; however I am informed that a large number of fatal road traffic collisions remain under investigation and as a result the information requested is not available at this time.

Immigration Status

Questions (865)

Bernard Durkan

Question:

865. Deputy Bernard J. Durkan asked the Minister for Justice the eligibility for naturalisation on the basis of marriage to an Irish citizen in the case of a person (details supplied); and if she will make a statement on the matter. [54799/22]

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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, and all applications are processed in line with the eligibility criteria as set out under the Act. Each application is 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.

Applicants are required to have 5 years legal reckonable residence in the state prior to making an application, except for spouses of Irish nationals where the requirement is 3 legal years.

There is no record of an immigration permission for the person details supplied and where a person is in the State without an immigration permission I encourage them to contact the Immigration Service Delivery (ISD) or their local immigration office and to take all the appropriate steps to regularise their status.

Any application submitted should explain their current circumstances and future intentions in the State and provide any documentation they feel will support their application. In all cases, people must engage with the authorities if they wish to be permitted to remain here legally.

The Immigration Service Delivery (ISD) examines each application to remain in the State on a case-by-case basis and has consistently urged anyone in this position to come forward if they wish to apply to regularise their immigration position in the State.

An Garda Síochána

Questions (866)

Thomas Gould

Question:

866. Deputy Thomas Gould asked the Minister for Justice the number of gardaí employed in each of the divisional drugs units respectively in each of the years 2015 to date in 2022, in tabular form. [54831/22]

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Written answers

Minister for Justice

The Garda Commissioner is operationally responsible for the management and administration of An Garda Síochána, which includes decisions on the deployment of personnel among the various Garda Divisions. I am assured that Garda management keeps the distribution of resources under continual review. I am advised that this is considered in the context of crime trends and policing priorities, to ensure the optimum use of these resources. The Deputy will appreciated that, as Minister, I have no role in such matters.

I can however 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, with the unprecedented allocation provided in Budget 2023 of €2.14 billion.

The table below which has been provided to me by the Garda authorities sets out the total number of Garda members assigned to each Divisional Drugs unit at end December 2015 up to end December 2021 and at 30 September 2022, the latest date for which figures are available.

Division	Dec-15	Dec-16	Dec-17	Dec-18	Dec-19	Dec-20	Dec-21	Sep-22
D.M.R.S.C.	19	13	9	12	17	10	6	4
D.M.R.N.C	20	30	14	15	12	19	12	32
D.M.R.N.	25	21	19	19	19	30	28	29
D.M.R.E.	10	9	11	9	0	7	7	6
D.M.R.S.	16	17	14	16	18	23	24	25
D.M.R.W.	26	20	17	11	7	22	26	19
Waterford	5	5	6	6	15	14	17	16
Wexford	6	6	5	5	9	9	10	11
Kilkenny/Carlow	7	4	5	5	5	7	11	8
Tipperary	8	9	12	8	7	7	11	11
Cork City	15	20	17	18	14	15	23	16
Cork North	5	5	5	5	5	9	8	8
Cork West	4	3	5	4	5	6	7	7
Kerry	9	7	9	10	11	10	15	15
Limerick	14	12	11	12	10	19	19	22
Donegal	7	4	4	2	6	18	21	5
Cavan/Monaghan	0	0	5	4	6	4	3	2
Sligo/Leitrim	7	7	14	6	6	6	2	7
Louth	6	6	5	2	4	13	14	13
Clare	5	5	5	4	3	3	3	2
Mayo	5	5	6	5	5	8	8	8
Galway	12	9	9	9	9	9	8	11
Roscommon/Longford	6	6	4	3	5	7	6	4
Westmeath	5	6	6	6	8	7	5	7
Meath	5	8	5	6	7	7	5	6
Kildare	7	8	9	11	11	10	9	10
Laois/Offaly	0	0	5	5	3	1	1	1
Wicklow	4	11	0	4	4	6	6	7
Total	258	256	236	222	231	306	315	312

Please note that this information is based upon operational data which has been provided by An Garda Síochána and may be liable to change.

For the Deputy's information, detailed statistics on Garda workforce numbers are published on my Department's website and can be accessed using the following link: www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/

Naturalisation Applications

Questions (867)

Michael Creed

Question:

867. Deputy Michael Creed asked the Minister for Justice the status of an application for a certificate of naturalisation by a person (details supplied). [54859/22]

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Written answers

Minister for Justice

The naturalisation application from the person referred to by the Deputy continues to be processed by my Department, with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. It 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.

Applications are processed in chronological order by date received. Due to the high volume of applications currently on hand, regrettably, the median time for processing applications is 19 months.

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.

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.

Defective Building Materials

Questions (868)

Pádraig Mac Lochlainn

Question:

868. Deputy Pádraig Mac Lochlainn asked the Minister for Justice further to Parliamentary Question No. 87 of 26 October 2022, in relation to the convenyancing process, the measures her Department can take to protect second-hand homebuyers from purchasing homes with defective concrete blocks, given the growing number of homes and counties affected across the State; if her Department has engaged with the legal, engineering and estate agent representative bodies on this issue; and if she will make a statement on the matter. [54923/22]

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Written answers

Minister for Justice

The conveyancing system allows purchasers of second hand houses to enquire as to the nature, quality and condition of a property prior to purchase. The Government approved the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Bill 2022 on 21 June and the Bill passed through both Houses of the Oireachtas and was subsequently signed into law by the President on the 23 July, 2022. The Department of Housing has responsibility for this legislation.

Question No. 869 answered with Question No. 859.

Family Reunification

Questions (870)

Bríd Smith

Question:

870. Deputy Bríd Smith asked the Minister for Justice the number of family reunification applications under the terms of the International Protection Act received by her Department in the past 12 months by month received in tabular form; if she will provide the number of decisions issued per month on family reunification for the same period; and if she will make a statement on the matter. [54984/22]

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Written answers

Minister for Justice

My Department received 782 family reunification applications for 2,287 family members under the International Protection Act 2015 between, 31 October 2021 to 31 October 2022. The table below gives the number of applications received and decided by month. Decisions issued may relate to applications which were received outside the requested period due to the time taken to process applications.

Month	Applications received	Applications Decided
November (2021)	122	73
December	211	107
January (2022)	253	179
February	161	76
March	143	48
April	143	129
May	235	97
June	202	132
July	191	146
August	198	86
September	245	156
October	183	185

I recognise the critical importance of International Protection recipients having their family members reunite with them as soon as possible. Throughout the COVID-19 pandemic, Immigration Service Delivery (ISD) continued to accept and process Family Reunification (FRU) applications under the International Protection Act 2015.

It is recognised that all applicants for FRU would wish to have a decision on their application without delay. However, the nature of the FRU 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.

Further information can be found on my Department's website here:

www.irishimmigration.ie/coming-to-join-family-in-ireland/family-reunification-of-international-protection-holders/

Visa Applications

Questions (871)

Danny Healy-Rae

Question:

871. Deputy Danny Healy-Rae asked the Minister for Justice if she will follow up on a visa application (details supplied); and if she will make a statement on the matter. [55000/22]

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Written answers

Minister for Justice

The persons referred to by the Deputy created online join family visa applications on the 28 July 2022. Officials in the visa office Abu Dhabi have advised that an email requesting further documentation was then sent to the applicants email address on the 28 July 2022. To date the visa office have not received a response to this request. These applications cannot be processed any further until such time as the applicant submits the requested information.

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.