Thursday, 23 Mar 2023

Written Answers Nos. 235-242

Social Media

Questions (235)

Catherine Murphy

Question:

235. Deputy Catherine Murphy asked the Tánaiste and Minister for Foreign Affairs the protocols and or guidelines he has issued in respect of the use of personal social media accounts by officials in his Department; the number of sanctions imposed by his Department on its own officials in the past ten years to date in respect of social media output by its officials, verbal, written or otherwise; if social media platforms are restricted on his Department’s network; if an application (details supplied) is available to use and or download onto Department-issued mobile phones; and if not, if it is barred from use. [14513/23]

Written answers

Tánaiste and Minister for Foreign Affairs

Departmental staff are required, at all times, to follow the Civil Service Code of Conduct in their duties as civil servants and representatives of the Department. The Department maintains specific guidelines in respect of the use of personal/unofficial social media accounts by Departmental officials. These guidelines state that Departmental staff can use social media in their own personal capacity, but are advised to exercise caution in sharing content and topics related to the Department’s work. Staff are advised that whether using personal or official accounts, online conduct must adhere to the Civil Service Code of Conduct and remains subject to the Civil Service Disciplinary Code.

Staff are routinely advised on compliance with these guidelines. There have been no formal sanctions imposed by my Department on officials with respect to social media output in the last ten years.The use of Department issued mobile devices complies with the guidance provided by the National Cyber Security Centre (NCSC). This guidance is based on risk assessments appropriate to the circumstances and is kept under continuous review by the NCSC.The Department expects all users of official devices to exercise appropriate discretion in their use, and in using relevant communications services in line with appropriate usage policies.

Passport Services

Questions (236)

John Brady

Question:

236. Deputy John Brady asked the Tánaiste and Minister for Foreign Affairs the steps applicants are required to take if they wish to change their name on their passport; the legal basis for same; and if he will make a statement on the matter. [14547/23]

Written answers

Tánaiste and Minister for Foreign Affairs

All passport applications are subject to the terms of the Passports Act, 2008, as amended (“the Act“). The Act provides a legal basis for the various policies and procedures that are applied by the Passport Service in the issuing of passports.

Section 10 of the Act provides that a passport will issue in the name of a citizen as it appears on their birth certificate or naturalisation certificate. However, a name change for a passport from that which appears on a person’s birth certificate is permitted under the Act in certain situations such as marriage or civil partnership, where civil or legal documents are available to verify this change.

Applicants who wish to change their name on their passport arising from marriage or civil partnership must submit their original civil marriage certificate or civil partnership certificate. These applications are complex due to the change of name and have a turnaround time of 15 working days.

The Passport Service does not accept deed polls as documentary evidence to change the name on a passport.

In cases where name change arises other than by marriage or civil partnership, the Act requires evidence of the use of this new name over a two-year period.

The question of what a person’s name is, at any given moment in time, depends upon its usage and the evidence to support the constant and sustained use of this new identity. Evidence of this for at least two years through documentation such as bills, bank statements or official correspondence, is required as a deed poll is not adequate evidence of the constant use of a new name. This policy seeks to protect the integrity and security of Irish passports against passport and identity fraud while allowing for genuine cases where name changes have occurred.

The Passport Service takes its responsibility to protect the integrity of the Irish passport very seriously. The Irish passport has a strong international reputation due to the strength of the security features within the passport book and the robust processes involved in its issuance. The Irish passport currently ranks sixth in the Henley Global Passport Index as it provides our citizens with visa-free access to 188 countries.

Passport Services

Questions (237)

Michael Ring

Question:

237. Deputy Michael Ring asked the Tánaiste and Minister for Foreign Affairs if a passport application can be processed on time for a minor (details supplied) in County Mayo. [14549/23]

Written answers

Tánaiste and Minister for Foreign Affairs

With regard to the specific application about which the Deputy has enquired, initial supporting documents for this application were received on 7 February 2023. Processing time starts from the date that supporting documents are received. On 2 March 2023 the Passport Service requested a new Consent form, as the witness verification details for the first Consent form could not be verified with An Garda Síochána. A new Consent form was received by the Passport Service on 7 March 2023. Processing time following the submission of further supporting documents is 15 working days. This application is currently within that processing time and has not yet reached its issue date.

Undocumented Irish in the USA

Questions (238, 240)

Brendan Smith

Question:

238. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs the outcome of any recent discussions he had with the United States authorities regarding the need to regularise the status of the undocumented Irish and have an appropriate visa programme put in place; and if he will make a statement on the matter. [14556/23]

Gary Gannon

Question:

240. Deputy Gary Gannon asked the Tánaiste and Minister for Foreign Affairs if he will report on his recent visit to the United States and the efforts he made to regularise the status of the undocumented Irish living there; and if he will make a statement on the matter. [14580/23]

Written answers

Tánaiste and Minister for Foreign Affairs

I propose to take Questions Nos. 238 and 240 together.

Addressing the status of undocumented Irish citizens in the United States is a priority for the Government, a key issue in ongoing engagements with the Administration and political leaders in the United States.

In their meeting in the White House on St. Patrick's Day, the Taoiseach raised immigration matters directly with President Biden. He also discussed immigration during his Congressional meetings, including with Speaker of the House of Representatives, Kevin McCarthy.

When I visited Washington DC last month, I had extensive discussions on immigration, including possible visa pathways, in my meetings with members of Congress.

Ireland's Embassy in Washington DC and our network of Consulates General across the United States continue to monitor the situation closely and to engage with U.S. officials on immigration issues. They work actively with organisations, such as the Coalition of Irish Immigration Centers, which provide assistance and information to Irish citizens living in the U.S., including those who are undocumented. The Embassy and Consulates-General also ensure that Emigrant Support Programme funding is allocated to these organisations, with over €4.2 million in ESP funding disbursed in the U.S. in 2022-23 period.

The Embassy and Consulates-General also continue to seek ways to improve the day-to-day lives of undocumented Irish citizens, working to address on practical issues such as securing driving licences, accessing free legal advice, and securing heath care.

Last week, during my St. Patrick's Day visit to New York and Massachusetts, I visited the New York Irish Center and Solace House in New York as well as the Irish Pastoral Centre in Boston, where I had the opportunity to hear first-hand about the vital services and support provided to the Irish diaspora, including undocumented Irish citizens, by ESP partners in the United States.

Also last week, I discussed ongoing efforts in Congress to secure legal immigration pathways with Congressman Richie Neal, whom I met at the Irish Cultural Center of Western New England, which is another ESP partner. Representative Neal is co-Chair of the Congressional Friends of Ireland, and has been a steadfast advocate for the undocumented Irish over the years.

Brexit Issues

Questions (239)

Brendan Smith

Question:

239. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs the outcome of any recent discussions with the Secretary of State for Northern Ireland and with the British Foreign Secretary concerning the difficulties that will be caused by the proposed electronic travel authorisation scheme as that legislation is currently framed; if he is aware of the concerns of some people travelling across the Border on this island on a regular basis, both residents and visitors; and if he will make a statement on the matter. [14557/23]

Written answers

Tánaiste and Minister for Foreign Affairs

The UK Nationality and Borders Act 2022 provides for the establishment of a scheme under which non-Visa required nationals will need to obtain an Electronic Travel Authorisation (ETA) before travelling to the UK. This requirement will not apply to Irish citizens due to the Common Travel Area arrangements. The scheme will enter into force on a phased basis from October this year.Since 2021, the Government has raised its serious concerns about the ETA proposals with the UK Government, given their anticipated impact on residents of Ireland and visitors to the island of Ireland.

As Taoiseach, I voiced my concerns repeatedly. At the British Irish Intergovernmental Conference in January, I raised with the Secretary of State for Northern Ireland the risks the scheme presents to the fluid nature of movement on the island and to the effectiveness of North-South cooperation under Strand Two of the Good Friday Agreement. I highlighted the need to protect cross-border cooperation on tourism in particular. On 9 March, the UK government introduced secondary legislation required to put in place the ETA scheme. Significantly, and on foot of our discussions with the UK, these rules establish an exemption from the ETA requirement for legal residents of Ireland who do not need a visa to visit the UK. This exemption is to apply CTA-wide so will cover travel from South to North and from West to East.While this is welcome progress, I remain very concerned about the anticipated impact of the ETA scheme on the all-island tourism economy. An estimated 70% of international visitors to Northern Ireland arrive via this jurisdiction. Tourism stakeholders, including the Northern Ireland Tourism Alliance, have clearly articulated their disappointment that a short-term exemption for overseas visitors from South to North has not been introduced at this time.I will continue to engage with the UK Government and Northern Ireland stakeholders, including the Assembly parties – and, when restored, the Northern Ireland Executive – on the matter.

Question No. 240 answered with Question No. 238.

Equality Issues

Questions (241)

Gary Gannon

Question:

241. Deputy Gary Gannon asked the Tánaiste and Minister for Foreign Affairs if Ireland will join the European Commission’s infringement proceedings against Hungary for its anti-LGBTQ+ propaganda law; and if he will make a statement on the matter. [14581/23]

Written answers

Tánaiste and Minister for Foreign Affairs

On 15 June 2021, the Hungarian Parliament passed a Law imposing multiple prohibitions on the portrayal to persons under the age of 18 of homosexuality, sex reassignment, and gender identities that do not correspond to the sex assigned at birth.

On 15 July 2022, the European Commission announced it was referring Hungary to the Court of Justice in relation to this law. The case for doing so was published on 13 February 2023.

In its case, the European Commission finds that Hungary has failed to fulfil its obligations under EU law. Alongside breaches of EU Directives on e-commerce, services and audio-visual media services, the law is deemed to infringe on the Charter of Fundamental Rights of the European Union and on Article 2 of the Treaty of the European Union, concerning the EU’s fundamental values.

As I and other members of Government underlined in 2021, this law represents a flagrant form of discrimination based on sexual orientation, gender identity and expression. It is completely at odds with Ireland's national interest in protecting the rights of LGBTI+ persons and with the fundamental values of the EU. On that basis, and following extensive consultations across relevant Departments, the Government decided on 21 March to seek leave to intervene before the Court in support of the European Commission.

We are not alone in taking this step. Belgium, the Netherlands, Luxembourg, Austria and Portugal have announced their intention to intervene, and other member states may do so in the period ahead, an indication of how serious and widely held concerns over this law are.

Defence Forces

Questions (242)

Peter Fitzpatrick

Question:

242. Deputy Peter Fitzpatrick asked the Tánaiste and Minister for Defence if, in lieu of forcing personnel who want to remain in the Defence Forces to retire on age grounds, he will consider a proposed fix of rehiring them under 2013 contracts; and if he will make a statement on the matter. [13558/23]

Written answers

Tánaiste and Minister for Defence

Military life places unique demands on individuals and it is necessary that Defence Forces personnel are prepared to meet the challenges of all military operations. For this reason compulsory retirement ages for ranks in the Permanent Defence Force are considerably lower than in other employments.

The Public Service Pay Commission in their report on recruitment and retention in the Permanent Defence Force in 2019, included in their recommendations, the need to consider options to tackle barriers to extended participation in the Permanent Defence Force.

A joint civil/military review was subsequently completed in 2021. The Report of the Review Group made a number of recommendations for extended service limits across a number of ranks in the Defence Forces. This included extending the service limits to 50 years of age for all Privates and Corporals enlisted in the Permanent Defence Force on or after 1 January 1994. This recommendation was based on the advice of Military Management. It also took into consideration the finding from an adjudication of a claim which PDFORRA had taken though the Conciliation and Arbitration Scheme.

As current pension arrangements for personnel enlisted to the Permanent Defence Force on or after 1 January 1994, are based on date of entry to the Defence Forces, any proposals to amend the length of service requires the approval of the Minister for Public Expenditure, NDP Delivery and Reform, as there are impacts on accrued pension liabilities.

In December 2021, the Minister for Public Expenditure and Reform agreed to allow for an extended service limit, for Privates and Corporals, recruited post 1 January 1994, to serve beyond the 21 year service limit that existed before that date up to a revised service limit of 50 years of age, subject to them meeting certain criteria, including medical and fitness standards.

An interim arrangement was also agreed to allow for the continuance in service of Sergeants in the Permanent Defence Force who were due to be retired on age grounds at the end of 2022. Those Sergeants who were recruited since 1 January 1994 and would be due to retire on the basis of mandatory retirement age in 2022 and 2023, will not be required to do so until end-2024. The fast accrual pension terms will continue for those additional years.

Any changes in service limits or retirement ages must be in accordance with public sector pay and pension policy. The Public Service Pensions (Single Scheme and Other Provisions) Act 2012, provides that where a person has worked in a pensionable (non-Single Scheme) public service appointment in the 26 weeks immediately prior to re-appointment to that employment, they will not be a member of the single scheme but would retain their membership of their pre-existing public service pension scheme.

Members of the Permanent Defence Force have superannuation arrangements which allows them to accrue pension benefits over an accelerated shorter timeframe due to compensate for the fact that they have to retire at an age which is much younger than in other employments. There are arrangements in place for accelerated pension provisions, where pension and gratuity may be payable on retirement at age 50.

The Department of for Public Expenditure, NDP Delivery and Reform have established an Inter-Departmental Working Group to consider mandatory retirement ages and service limits for public service groups who have 'fast accrual' occupational pension arrangements. A number of meetings of this Working Group, of which the Department of Defence is a member, have taken place to date. The recommendations from the joint civil/military review of mandatory retirement ages of all ranks in the Permanent Defence Force are being considered as part of the work of this group.

There are clear staffing challenges across the Defence Forces. Compulsory retirement ages and service limits in the Defence Forces are one of the factors impacting manpower policy, which has to be balanced against the operational requirements of the Defence Forces.

Ongoing staffing challenges in the Defence Forces have been acknowledged and the Defence Forces are developing strategies to achieve increased recruitment and to address the current shortfall in numbers. My immediate focus is now on stabilising the staffing situation in the Defence Forces and thereafter in bringing the strength to the numbers required to meet the agreed level of ambition arising from the report of the Commission on the Defence Forces.

I have discussed this matter recently with the Minister for Public Expenditure, NDP Delivery and Reform. Options for interim measures pending the outcome of the work of the interdepartmental group are being considered.