Tuesday, 21 Mar 2023

Written Answers Nos. 1038-1057

Citizenship Applications

Questions (1038, 1039, 1098, 1114, 1118)

Paul Murphy

Question:

1038. Deputy Paul Murphy asked the Minister for Justice if he is aware of the difference in timelines for receipt of acknowledgment letters and e-vetting requests for those who applied for citizenship in 2021 and 2022 when compared to those who applied in 2023; the reason some who applied in 2022 are still pending their e-vetting request while others who applied in 2023 have already received this and started the process (details supplied); and if he will make a statement on the matter. [14177/23]

Mick Barry

Question:

1039. Deputy Mick Barry asked the Minister for Justice the current average processing times for citizenship applications are; the measures that are being taken to bring this time below nine months; to confirm if applications are processed in chronological order; and if he will make a statement on the matter. [14117/23]

Bríd Smith

Question:

1098. Deputy Bríd Smith asked the Minister for Justice if applications for all stages of citizenships are dealt with in chronological order in relation to when applications are made; if he will clarify that no recent applications have been acknowledged or have been processed to the e-vetting stage ahead of older applications made previously; and if he will make a statement on the matter. [13618/23]

Ivana Bacik

Question:

1114. Deputy Ivana Bacik asked the Minister for Justice his plans to institute a guaranteed timeframe for the completion of naturalisation applications; and his plans to clear the backlog in applications. [13830/23]

Paul Murphy

Question:

1118. Deputy Paul Murphy asked the Minister for Justice if she is aware of the implications of the excessively long waiting time for those with pending citizenship applications from restrictions on getting mortgages to having professional, work-related restrictions; the current waiting time for an application; and the improvements his Department is putting in place to reduce this waiting time; and if he will make a statement on the matter. [13864/23]

Written answers

Minister for Justice

I propose to take Questions Nos. 1038, 1039, 1098, 1114 and 1118 together.

I am aware of the delays being experienced by Citizenship applicants and I would like to assure those people that everything possible is being done to clear the existing backlogs.

The current backlog is a legacy of the pandemic, where processing times were significantly impacted due to the paper based nature of applications and the ability of staff to attend the office. It should also be noted that Citizenship applications continued to be accepted throughout the pandemic in spite of the restrictions on processing.

The median processing time for applications now currently stands at 19 months. I understand this can be frustrating for applicants and my Department has been working hard to reduce processing times.

In 2022 there were 13,613 Certificates of Naturalisation issued, including 1,719 in respect of minor applicants. This represents a 39% increase on the number of certificates issued for 2021 (9,780) and demonstrates my Department's commitment to processing applications in a timely manner.

In early 2023, a registration unit was established within Citizenship Division to ensure applications are registered and acknowledged promptly. In 2022 it took on average seven months for this part of the process to be completed. Under the new system it has been reduced to a matter of weeks. There is a small batch of applications from late 2022 that are yet to be registered, however, I am assured that these will be dealt with shortly.

These measures are designed to give certainty to customers that their applications have been received and have begun to be processed. However, I can assure you that all naturalisation applications will be processed based upon the date that they are received and not based on when they are registered. Applications for naturalisation are dealt with in chronological order.

Significant reforms have also been introduced for customers to streamline the number of proofs required to establish their identity and residency as part of the application process. A new scorecard was introduced to help applicants to complete their applications. Since this initiative went live, a preliminary review of applications received indicates that the quality of the applications has markedly improved.

I welcome this development which builds on other innovative measures introduced in the application process, including the deployment of “Tara” the e-chat bot, as well as e-payments, e-tax clearance and Gardaí e-vetting, and the removal of the requirement to provide the original passport when making an application, all of which have positively enhanced the applicant's experience.

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.

Question No. 1039 answered with Question No. 1038.

Asylum Applications

Questions (1040)

Peadar Tóibín

Question:

1040. Deputy Peadar Tóibín asked the Minister for Justice when an application by a person (details supplied) dating from February 2022 to the Afghan admission programme will finally be processed. [12239/23]

Written answers

Minister for Justice

The persons referred to made an application to the Afghan Admission Programme which was received by my Department on 1 March 2022. I would like to take this opportunity to assure them that my Department is processing applications under the Afghan Admissions Programme as quickly as possible.

To ensure as many people as possible can avail of this important programme my Department has been liaising with representatives of the Afghan Community and with applicants directly to ensure the Afghan Admission Programme team have everything needed progress applications.

Where applicants are missing important information, such as proof of identity and familial relationships, the Afghan Admission Programme Unit contacted people directly to gather the required documents. This process is now complete and applications continue to be assessed in a pragmatic and humanitarian manner.

Processing of this application is ongoing at present. My Department commenced issuing decisions in the last quarter of 2022. Approvals issued in respect of 81 beneficiaries under the Afghan Admissions Programme up to the 31 December 2022. Up to the 3 March my Department has approved 135 applications covering 364 beneficiaries. No refusal letters have been issued. All applicants will be notified of the outcome of their application as soon as is possible.

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

Departmental Funding

Questions (1041)

Peadar Tóibín

Question:

1041. Deputy Peadar Tóibín asked the Minister for Justice the number of times funding was moved across budget lines within his Department in a process known as virement; the name and purpose of the fund the money was taken from; the name and purpose of the fund the money was transferred to; the dates upon which he approved of such transfers, since he took office; if the Department of Public Expenditure was consulted prior to the transfer; and if he will make a statement on the matter. [12273/23]

Written answers

Minister for Justice

I can inform the Deputy that there has been no instances of virement since my appointment to the role of Minister for Justice on 22 December 2022.

Control of Firearms

Questions (1042)

Colm Burke

Question:

1042. Deputy Colm Burke asked the Minister for Justice if he will clarify the current restrictions which apply to the holder of firearms; if it is intended to amend these regulations; the timeframe when same will be introduced; and if he will make a statement on the matter. [12284/23]

Written answers

Minister of State at the Department of Justice and Equality

As the Deputy will know, Irish law has strict controls governing the issuing of firearm certificates by An Garda Síochána and stringent conditions on the holding of firearms. Since the commencement of the Firearms Act 1925, any person in possession of a firearm must be in possession of a firearms certificate for that firearm.

Every application for a firearm certificate is considered on its individual merits and an application cannot be granted unless certain conditions, set out in section 4 of the Firearms Act 1925 , are met. These include, amongst others, that the person can be permitted to possess a firearm without danger to public safety and that the person has a good reason for requiring the firearm.

New conditions applying to the grant of a firearm certificate were introduced under the Criminal Justice Act 2006. These conditions include the requirement of applicants to provide two referees to attest to their character, and also a requirement on each applicant to provide written consent for an issuing officer to make any enquiries in relation to the applicant’s medical history from a health professional.

It should also be noted that section 5 of the Firearms Act 1925 provides a number of reasons for revoking a firearm certificate. These include circumstances in which the holder has no good reason to have the firearm, poses a danger to public safety or security, is using the firearm for an unauthorised purpose or has not complied with conditions attached to the granting of the certificate. Each decision to grant or revoke a firearm certificate is individually considered.

Firearms legislation is kept under ongoing review and there are no immediate plans to amend these provisions.

I can advise the Deputy, that I established a Firearms Expert Committee with representation from stakeholders, my Department and An Garda Síochána. This Committee’s work is ongoing and its terms of reference include examination of the conditions under which firearms certificates are issued. As the Committee has not yet submitted its reports, it would not be appropriate to pre-empt any of its recommendations. In any case, the role of the Committee is to make recommendations to me for subsequent consideration. Any policy decisions arising from any of the recommendations would of course be subject to prior consultation with stakeholders.

Departmental Staff

Questions (1043)

Willie O'Dea

Question:

1043. Deputy Willie O'Dea asked the Minister for Justice if probation officers working in the Department of Justice are public servants; and if he will make a statement on the matter. [12302/23]

Written answers

Minister for Justice

I wish to advise the Deputy that probation officers and all other employees of the Probation Service, a body under the aegis of my Department, are serving civil servants.

International Agreements

Questions (1044)

Bríd Smith

Question:

1044. Deputy Bríd Smith asked the Minister for Justice if he can clarify when and if Ireland will ratify the UNCRC second optional protocol on children, child prostitution and child pornography; when and if the State will act on Article 19A, the provision dealing private counselling therapy records in relation to a victim of sexual abuse; if these are made available to the accused abuser; and if he will make a statement on the matter. [12326/23]

Written answers

Minister for Justice

The Government is firmly committed to ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child.

In consultation with the Office of the Attorney General, several legislative measures have been implemented which were necessary to ensure that Ireland is in compliance with the obligations of the Optional Protocol. Enactment of the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017 were significant steps on the pathway to the ratification of the Optional Protocol.

Further smaller legislative amendments relating to the extra-territorial jurisdiction requirements under Article 3.1 will ensure that the State is in compliance with certain outstanding aspects of the Protocol. These amendments are included in the General Scheme of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022, which underwent pre-legislative scrutiny in December. The Report on Pre-Legislative Scrutiny by the Oireachtas Joint Committee on Justice was published on 8 March and can be found at www.oireachtas.ie/en/committees/33/justice/. The Report is being reviewed by the Department and all recommendations therein are being carefully considered as drafting of the text of the Bill is finalised.

I hope to secure government approval to publish the text of the Bill in the coming months after which it will be introduced into the Oireachtas. Once enacted, Ireland should be in a position to ratify the Second Optional Protocol.

Protecting and supporting victims of sexual violence is a key priority for me and my Department and I am keenly aware of the devastating physical and emotional consequences such crimes have on victims. The issue of the disclosure of counselling records was addressed as part of the O’Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences. The review recognises the complex legal challenge of striking an appropriate balance between ensuring an accused person’s right to a fair trial and the victim’s right to personal privacy in respect of counselling records.

The O'Malley review notes that this issue has been addressed in Ireland by Section 39 of the Criminal Law (Sexual Offences) Act 2017, which inserted a new section, 19A into the Criminal Evidence Act 1992. This new section which entered into force on 30 May 2018, permits an accused person (or, in certain circumstances, the prosecutor) to make an application to the trial court for the disclosure of counselling records and it sets out the criteria according to which the court should reach a decision on the matter.

The O’Malley review recommends that the existence of this legislation be brought to the attention of victims and any persons advising them so that victims are aware of their right to object to the disclosure of counselling records.

Recommendation 5.6 of Supporting a Victim's Journey, which is a detailed roadmap for giving effect to the O'Malley recommendations, states that 'it is important that victims should be aware of their right to object to the disclosure of counselling records and this will be brought to the attention of victims and any persons who are advising them by the DPP (including via NGOs) An Garda Síochána and the Legal Aid Board. I am assured that the relevant statutory agencies are complying fully with this recommendation.

In addition, the legislation on preliminary trial hearings, the Criminal Procedure Act 2021, was signed into law by the President on 24 May 2021 and have been available since Feb 2022 in the Central Criminal Court. Objections to disclosure of counselling records at preliminary trial hearings stage will significantly improve the trial process for sexual offences so that victims are less likely to be subject to stressful delays after preparing themselves mentally for trial.

There are two more relevant actions contained in Supporting a Victims Journey, namely recommendations 5.7 and 5.8. Giving effect to these recommendations will require changes to existing legislation, as do a number of other recommendations.

The Criminal Justice (Sexual Offences and Human Trafficking) Bill which will be published later this year will implement the O’ Malley review recommendations on:

- Extending victim anonymity to further categories of victims

- Providing for extended anonymity for accused persons

- Updating the definitions of ‘published’ and ‘broadcast’

- Exclusion of the public

- Repealing provisions for sentences to be delivered in public

- Legal representation for victims

On the issue of disclosure, that is a matter for the courts which are, of course, independent in the exercise of their function.

Policing Authority

Questions (1045)

Paul Murphy

Question:

1045. Deputy Paul Murphy asked the Minister for Justice if the security contract for the Policing Authority, 90 North King Street has been awarded to a company (details supplied). [12332/23]

Written answers

Minister for Justice

As the Deputy may be aware, under the Garda Síochána Act 2005 (as amended) the Policing Authority is independent in its functions.

I have been informed by the Policing Authority that the security contract for 90 North King Street was awarded to Top Security. I am further informed that the premises has a number of tenants in addition to the Policing Authority and the contract was awarded after a procurement process by Department of Housing, who are the main tenant of the building. The Policing Authority liaised with the Department of Housing regarding its requirements prior to the tender being issued.

Domestic Violence

Questions (1046)

Catherine Connolly

Question:

1046. Deputy Catherine Connolly asked the Minister for Justice if he will provide details of the number of domestic violence refuge spaces in each county, in tabular form; and if he will make a statement on the matter. [12339/23]

Written answers

Minister for Justice

As the Deputy will be aware the Government will establish a statutory agency with a dedicated focus on Domestic Sexual and Gender-Based Violence. The agency will have a specific mandate to drive the implementation of the Zero Tolerance: Third National Strategy on Domestic, Sexual and Gender-Based Violence across Government, bringing the expertise and focus required to tackle this complex social issue. Pending establishment of the Agency, responsibility for DSGBV services continues to be channeled through Tusla.I have referred the question posed by the Deputy to Tusla for direct reply.

Asylum Applications

Questions (1047, 1048)

Matt Shanahan

Question:

1047. Deputy Matt Shanahan asked the Minister for Justice the number of asylum applications made nationally in the past two years; and if he will make a statement on the matter. [12359/23]

Matt Shanahan

Question:

1048. Deputy Matt Shanahan asked the Minister for Justice the countries of origin of asylum seekers arriving in Ireland in the past two years, in tabular form; and if he will make a statement on the matter. [12360/23]

Written answers

Minister for Justice

I propose to take Questions Nos. 1047 and 1048 together.

My Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively, as part of the broader Government response, while ensuring the integrity of Ireland's rules-based immigration system is maintained.

The number of International Protection applicants last year was 13,651 – a significant increase on recent years. 2019, the last comparable year pre pandemic, saw 4,780 applicants. As of 10 March, 2,436 applicants have sought protection in 2023.

The total number of applications for international protection made in the past two years, March 2021 to end February 2023 is 18,209. The breakdown by nationality can be found in the table attached.

Overall, my Department is working to minimise the timeframe for receiving a decision on an international protection application, giving status to those who are entitled to international protection to rebuild their lives here, while also ensuring faster decision making in respect of those who are deemed to be not entitled to international protection.

The Government has also committed additional funding of nearly €18m in 2023 that will also go towards increasing efficiency in processing applications, including by increasing staff numbers at the International Protection Office.

In addition to resourcing, it is important to acknowledge that action has already been taken by my Department to manage the high volume of applications by utilising all of its current resources. Since last November a number of measures have been implemented to improve efficiencies and throughput, in tandem with reforms to the application, interview and decision making process, and these are having a significant impact on processing times.

Further reforms are being examined with a view to speeding up the processing of applications.

Number of asylum applications

Question No. 1048 answered with Question No. 1047.

Asylum Applications

Questions (1049, 1050)

Matt Shanahan

Question:

1049. Deputy Matt Shanahan asked the Minister for Justice the number of asylum seekers given leave to remain and the number of family members awarded joint family visas in the past two years; and if he will make a statement on the matter. [12362/23]

Matt Shanahan

Question:

1050. Deputy Matt Shanahan asked the Minister for Justice the number of asylum applicants refused leave to remain in the past two years; their country of origin, in tabular form; and if he will make a statement on the matter. [12363/23]

Written answers

Minister for Justice

I propose to take Questions Nos. 1049 and 1050 together.

Since the International Protection Act 2015 commenced on 31 December 2016, the International Protection Office of my Department has carried out the function of considering permission to remain (under section 49 of the 2015 Act), in respect of those applicants who have been refused international protection (refugee status or subsidiary protection) at first instance.

In the permission to remain element of the process, each case is given a detailed consideration on its individual merits under all of the prescribed headings. This includes a full consideration of their private and family rights in accordance with the European Convention on Human Rights, humanitarian factors, as well as consideration of a person’s work situation, among other issues, before a decision is taken to grant or to refuse permission to remain.

All applicants refused international protection have a right to appeal to the International Protection Appeals Tribunal (IPAT) who must consider if the earlier International Protection Office (IPO) determinations on refugee status and subsidiary protection should be affirmed or set aside.

Where the IPAT upholds the IPO recommendation to refuse international protection, and if permission to remain has also been refused by the IPO, the applicant can make submissions for consideration as part of a formal permission to remain review by my Department.

This review is in place to provide for situations where an applicant’s circumstances may have changed in a material way since the initial decision was made to refuse permission to remain. Any decision taken to grant permission to remain under the review mechanism can only be made once the international protection appeal has been refused by the IPAT.

The statistical information sought by the Deputy in relation to international protection applicants and leave to remain is set out in Tables 1 and 2 attached.

Family reunification under Section 56 of the international Protection Act 2015 is open to any individual for whom a refugee or subsidiary protection declaration is in force.

Information regarding family reunification applications granted under International Protection Act 2015 is set out in Table 3 attached.

Where an applicant does not qualify under Section 56 of the 2015 Act, an alternative avenue for family reunification is available under my Department's Policy Document on Non-EEA Family Reunification.

Deputy Matt Shanahan

Question No. 1050 answered with Question No. 1049.

An Teanga Gaeilge

Questions (1051)

Catherine Connolly

Question:

1051. D'fhiafraigh Deputy Catherine Connolly den Aire Dlí agus Cirt an bhfuil taifead á choinneáil ar líon na mbreithiúna a bhfuil sé ar a gcumas acu cás a éisteacht trí Ghaeilge, agus miondealú ar an taifead sin de réir leibhéal Cúirte agus de réir ceantair, agus cad é an líon breithiúna a bhfuil an cumas sin acu sna cúirteanna sin atá ag freastal ar cheantair Ghaeltachta. [12364/23]

Written answers

Minister for Justice

Is iad na breithiúna agus an tSeirbhís Chúirteanna, atá neamhspleách agus iad ag feidhmiú a gcuid feidhmeanna faoin Acht um Sheirbhís Chúirteanna, 1998, agus i bhfianaise dheighilt na gcumhachtaí sa Bhunreacht, atá freagrach as bainistiú na gcúirteanna, as nithe a bhaineann le hoibríochtaí agus as feidhmeanna loighisticiúla. Tá seoladh ríomhphoist ar leith ag an tSeirbhís Chúirteanna chun faisnéis a chur ar fáil do chomhaltaí de Thithe an Oireachtais: [e-mail].

Déanann an tSeirbhís Chúirteanna uimhreacha den chineál sin a thaifeadadh. Dá bhrí sin, tá an cheist sin uait tarchurtha agam chuig an tSeirbhís Chúirteanna le go bhfreagróidís-sean í go díreach.

Deportation Orders

Questions (1052)

Matt Shanahan

Question:

1052. Deputy Matt Shanahan asked the Minister for Justice the number of deportation orders issued, the number of deportations carried out and the countries to which the failed applicants were repatriated, in the past two years, in tabular form; and if he will make a statement on the matter. [12365/23]

Written answers

Minister for Justice

The tables below set out the information requested by the Deputy.

It is important to note that not all those who are issued with a deportation order will have been in the international protection process and, when issued with a deportation order, many people leave the State without notifying the authorities.

Nationality	DO Signed 2021
Morocco	5
Nigeria	5
Others*	23
Total	33

Nationality	DO Signed 2022
Albania	127
Algeria	33
Bangladesh	22
Brazil	10
China (Including Hong Kong)	7
Congo	6
Georgia	84
India	16
Iran (Islamic Republic Of)	8
Iraq	8
Nigeria	14
Pakistan	131
South Africa	8
Zimbabwe	5
Others*	49
Total	528

Nationality	DO Signed 2023 (to 21/03/2023)
Afghanistan	14
Albania	97
Algeria	13
Brazil	15
Georgia	39
Nigeria	13
Pakistan	22
South Africa	5
Others*	38
Total	256

In relation to Deportation Orders effected in the period 2021-2023, the tables below set out the information requested. Orders effected are a mixture of enforced deportations and self-deportations where a person who is the subject of a Deportation Order leaves the state and notifies authorities that they have left the state as requested. Orders effected in a particular year may relate to orders signed in previous years.

Nationality	DO Effected 2021
Albania	5
Pakistan	13
Others*	20
Total	38

Nationality	DO Effected 2022
Albania	14
Brazil	12
China	9
Georgia	14
India	5
Nigeria	20
Pakistan	18
Others*	27
Total	119

* Where the total numbers for a particular nationality are less than 5 they are collated into the 'others' category to protect individual privacy.

A total of 15 deportation orders have been effected in 2023 to 21 March.

Departmental Schemes

Questions (1053)

Mattie McGrath

Question:

1053. Deputy Mattie McGrath asked the Minister for Justice the number of text alert groups that have been paid the text alert rebate for 2022 to date, by county; the reason for the delay in paying the rebate to the groups given the application process closed on 30 November 2022; if he will provide the details of each group, including the number who received a text alert rebate in 2020, 2021 and to date in 2023; and if he will make a statement on the matter. [12438/23]

Written answers

Minister for Justice

As the Deputy will be aware, the Department of Justice provides funding to Muintir na Tíre to cover the costs incurred by communities in administering the Text Alert Scheme. The Scheme is administered on a refund basis whereby communities submit their annual costs to Muintir na Tíre and a maximum refund of up to €450 is provided to the community. This funding is provided for in the Department of Justice’s Crime Prevention Budget.

The Department of Justice has made the following payments to Muintir na Tíre:

2021 - €124,060.35

2020 - €196,362.8

2019 - €123,911.81

The last request for payment the Department of Justice received from Muintir na Tíre was on 12 December 2022 which was for the 2021 Text Rebate claim and this was sent for payment on 13 December 2022. Muintir na Tíre are currently compiling the 2022 Text Alert Rebate and the Department will work with them on this.

The Department also is engaging with Muintir na Tíre on their review of the Text Alert Scheme with a view to delivering more cost effective options, such as the use of apps, for future versions of the Scheme.

The table appended to this answer details the payments by county as requested by the Deputy.

Department of Justice Funding

Control of Firearms

Questions (1054, 1076, 1085, 1095)

Michael Ring

Question:

1054. Deputy Michael Ring asked the Minister for Justice the proposals that are being mooted for an organisation (details supplied); if new regulations are being introduced; if so, when these regulations will be announced; and if he will make a statement on the matter. [12440/23]

Robert Troy

Question:

1076. Deputy Robert Troy asked the Minister for Justice the steps his Department is taking to ensure that shooting sports are not severely handicapped given the Firearms Expert Committee suggestion for stricter guidelines; and the measures that will allow law-abiding competition shooters to continue with their sport. [13174/23]

Patricia Ryan

Question:

1085. Deputy Patricia Ryan asked the Minister for Justice if firearm certificates should be conditioned to specify the locations where the firearms can be used and whether firearms certificates should be conditioned to limit the use of the firearm to the purpose for which the firearms certificate was sought; and if he will make a statement on the matter. [13288/23]

Seán Canney

Question:

1095. Deputy Seán Canney asked the Minister for Justice if he is aware of the proposals by the Firearm Expert Committee to impose additional conditions (details supplied); and if he will make a statement on the matter. [13593/23]

Written answers

Minister of State at the Department of Justice and Equality

I propose to take Questions Nos. 1054, 1076, 1085 and 1095 together.

I propose to take PQs 12440/23, 13174/23, 13288/23 and 13593/23 together.

I can inform the Deputies, as noted in the published reports, that two of the Firearms Expert Committee's (FEC) terms of reference were discussed as agenda items at the Committee's sixth and seventh meetings. These were:

- To consider whether firearms certificates should be conditioned to specify the locations where the firearm may be used,

- To consider whether firearms certificates should be conditioned to limit the use of the firearm to the purpose for which the firearms certificate was sought.

These items were part of the original terms of reference approved in October 2021 and have been well publicised since the process to establish the FEC commenced.

It is well established in national and EU law (Section 4(2)(a) of the Firearms Act 1925, as amended, and Article 6(1) of the Firearms Directive) that applicants for firearms licences shall have ‘good reason/cause’ for acquiring and possessing a firearm. In addition, Article 6(2) of the Firearms Directive requires that EU Member States have in place monitoring systems to ensure that the conditions of authorisation set by national law are met throughout the duration of the authorisation (i.e. licence) of any firearm.

The two terms of reference cited arise from the question of whether the ‘good reason/cause’ stated in an application for a firearm certificate would continue to be valid if the firearm is used at a location or for a purpose other than those stated when setting out ‘good reason/cause’, and whether this would be compliant with the Firearms Act and Firearms Directive.

As the FEC has not yet submitted its reports, it would not be appropriate to pre-empt any of its recommendations. In any case, the role of the FEC is to make recommendations to me for subsequent consideration. Any policy decisions arising from any of the recommendations would of course be subject to prior consultation with stakeholders.

Fishing Industry

Questions (1055)

Holly Cairns

Question:

1055. Deputy Holly Cairns asked the Minister for Justice if he will clarify whether the recent changes to the atypical workers scheme for non-EAA fishers, that is, those that can apply for stamp 4, impact any regulations concerning their working on Irish fishing vessels under 15 metres in length. [12463/23]

Written answers

Minister for Justice

Any person on a stamp 4 immigration permission is not required to hold an employment permit in order to work in the State. As such any non-EEA fisherman who has been granted a stamp 4 immigration permission may continue to work with their current employer and fishing vessel or may transfer to any other employer or fishing vessel or seek alternative employment elsewhere in the State.

Information on the different immigration permissions and the conditions that apply to them is available on my Department’s website here: www.irishimmigration.ie/registering-your-immigration-permission/information-on-registering/immigration-permission-Stamps/#passport-Stamping

Departmental Schemes

Questions (1056)

Matt Carthy

Question:

1056. Deputy Matt Carthy asked the Minister for Justice the amount of income derived to the Exchequer from the Immigrant Investor Programme, by year, in tabular form; and if he will make a statement on the matter. [12557/23]

Written answers

Minister for Justice

As the Deputy is aware, I obtained approval from the Government to close the Immigrant Investor Programme (IIP) to further applications from 15 February 2023.

The Immigrant Investor Programme was established over a decade ago during a time of unprecedented economic difficulty to stimulate investment in Ireland that would be of strategic and public benefit to the State. Since its inception, the programme has brought significant investment to Ireland and has been operated by the Department of Justice to the highest professional standards.

The programme was introduced in 2012 to encourage inward investment and create business and employment opportunities in the State and has approved 1727 applicants with a total approved investment of €1.252 billion. Key to the programme is that the investments are beneficial for Ireland, generate or sustain employment and are generally in the public interest.

The IIP was created to allow foreign investors make financial investments in Irish enterprises that provided both social and economic benefit to Ireland, not to generate direct income to the Exchequer. The only direct income derived to the Exchequer from the IIP arises from the application fee. From the start of the scheme to December 2016 a fee of €750 applied in respect of each application. This was increased to €1500 from January 2017. In excess of 4200 IIP applications have been made over the lifetime of the programme which would generate c.€5.9 million in direct income to the Exchequer.

However, the projects which are invested in are subject to the normal taxation of the State. Additionally, any non-national residing in the State would also be subject to Ireland's taxation laws.

The criteria applied when assessing applications under the IIP is set out in the guidance published on my Department's immigration website at: www.irishimmigration.ie/coming-to-live-in-ireland/i-want-to-invest-in-ireland/

Capital Expenditure Programme

Questions (1057)

Johnny Guirke

Question:

1057. Deputy Johnny Guirke asked the Minister for Justice if any projects under his remit are on hold due to Capital Funding pressures; if he will indicate the projects concerned, in tabular form; and if he will make a statement on the matter. [12619/23]

Written answers

Minister for Justice

As the Deputy may be aware the National development plan 2021-2023 is available online on the gov.ie website. Please refer to page 152 for a listing of Justice Sector Capital projects.

The sequencing of Capital projects takes account of a wide range of environmental factors, including but not limited to, planning status, evolving priorities and availability of Finance, accordingly Capital planning is constantly evolving.

There are no Capital projects under my remit that are currently on hold due to Capital funding pressures.