Written Answers Nos. 563-578
563. Deputy Colm Burke asked the Minister for Justice if he and his Department will engage with and consult with a group (details supplied), with a view to reaching an agreement on the best way forward in the management of licensing of firearms; and if he will make a statement on the matter. [14803/23]
View answer565. Deputy Holly Cairns asked the Minister for Justice the steps he is taking to ensure that the Firearms Expert Committee engages with firearms owners’ associations and hunting associations. [14879/23]
View answer567. Deputy Verona Murphy asked the Minister for Justice the consultations and stakeholder engagements that are planned between the Firearms Expert Committee and the representative bodies for organisations involved in FURG (Firearms Users Representative Group) in regards to the current review of firearms licensing in Ireland; and if he will make a statement on the matter. [14912/23]
View answer568. Deputy Sorca Clarke asked the Minister for Justice if the Minister of State with responsibility for law reform will meet a group (details supplied) as a matter of urgency in order that the views and the real concerns of license holders can be fully taken into account. [14956/23]
View answer589. Deputy Emer Higgins asked the Minister for Justice if his attention has been drawn to a request from a group (details supplied) to engage with it in relation to the Firearms Expert Committee; and if he will make a statement on the matter. [15305/23]
View answer591. Deputy Seán Haughey asked the Minister for Justice if the firearms expert committee will consult with the firearms users representative group in respect of the review of firearms licensing in Ireland; if firearm stakeholders can be represented on the firearms expert committee; and if he will make a statement on the matter. [15355/23]
View answer602. Deputy Robert Troy asked the Minister for Justice the steps he is taking to ensure that an organisation (details supplied) is consulted regarding matters of firearm regulation throughout the Firearms Expert Committee's review process, ensuring that its concerns regarding the firearms licensing process are heard. [15455/23]
View answerI propose to take Questions Nos. 563, 565, 567, 568, 589, 591 and 602 together.
I can advise the Deputies that the final meeting of the Firearms Expert Committee (FEC) took place on 3 March 2023, and that the Committee has now finalised its reports. I understand that the reports will be submitted to me imminently and it is my intention to publish them shortly after this, along with the minutes of its meetings. The role of the FEC was to make recommendations to me for subsequent consideration. As I have emphasised throughout the process, any proposed changes to policy or legislation arising from any of the recommendations by the Committee will of course be subject to prior consultation with firearms stakeholders.
I can further advise the Deputies the FEC was made up of five members: an independent Chairperson, a representative of An Garda Síochána, a representative of the Department of Justice, and two non-governmental Ordinary Members having experience of firearms. This structure was chosen to give balanced representation to both governmental and non-governmental stakeholders.
On 31 March, 2022, expressions of interest were sought from suitably qualified candidates for appointment to the FEC. The documentation in this regard, which included the Committee’s Terms of Reference, was published on the Department of Justice’s website and shared with various stakeholder organisations. The call for expressions of interest was administered by officials from the Criminal Justice Policy Function of the Department of Justice which also acted as the Secretariat to the FEC. Appointment to the FEC was conducted in line with the process advised in the expressions of interest document. As was advised therein, the Ordinary Members of the FEC were appointed on a personal basis only and not as formal representatives of a particular body or group. I would point out, however, that both of the Ordinary Members appointed are Registered Firearms Dealers and are, or have been, members of national firearms organisations.
On this basis, and as the FEC has now finalised its reports, I will not be revisiting the composition of the committee.
564. Deputy Alan Dillon asked the Minister for Justice the steps that an applicant from Turkey needs to fulfil in order to obtain the right of residence in Ireland given that the applicant is married to an Irish citizen for 12 years and has been a regular visitor to Ireland on the basis of tourist visas while returning to Turkey within the prescribed dates; and if he will make a statement on the matter. [14806/23]
View answerA Turkish national that wishes to reside in the State for longer than 90 days must apply for a Type D Long Stay Visa.
Any person that wishes to make a visa application must do so online at:
www.visas.inis.gov.ie/avats/OnlineHome.aspx.
Long Stay Join Family visa applications are processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification. This policy document may be accessed at the following link:
www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf
While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available.
The following page on the Irish Immigration website may be of some assistance when creating the visa application:
www.irishimmigration.ie/coming-to-join-family-in-ireland/
If granted permission, when the person has entered the State, if they are residing in the Dublin area, they must register their permission with the Immigration Service Delivery (ISD). First time registration outside of the Dublin area are processed by the Garda National Immigration Bureau (GNIB) through the Garda Station network.
566. Deputy Jackie Cahill asked the Minister for Justice the reason a naturalisation application by a person (details supplied) was deemed ineligible on certain grounds; the steps that can be taken to reopen this application and progress their case; and if he will make a statement on the matter. [14911/23]
View answerThe citizenship application of the person referred to by the Deputy was deemed ineligible as the Statutory Declaration was witnessed by an out of date passport. The Statutory Declaration can be witnessed by the applicant producing an in date passport, national identity card or a travel document.
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.
It is open to this individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956, as amended.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.
569. Deputy Charles Flanagan asked the Minister for Justice in respect of a section of land at Mountjoy Prison which is to be excavated as part of a plan to locate and identify remains of buried prisoners executed at the prison, if consideration will be given to include attempts to locate the remains of a deceased prisoner (details supplied) whose relatives wish to have his remains returned to his native locality for family and Christian burial. [14965/23]
View answerThe project under reference is intended to recover and respectfully reinter the remains of all persons executed in Mountjoy Prison since the foundation of the State.
At present my officials are tendering for the necessary works, and these works will be subject to the grant of an exhumation license by Dublin City Council. It is a condition of applying for such a license that the exhumation be publicly advertised, and in anticipation of that requirement and possible public interest, my Department has put in place a dedicated email address for interested parties to contact the Department. This email address is mountjoyexhumations@justice.ie.
My Department has put in place measures to support identification of all such remains where possible. Due to the circumstances of the original burials, it is impossible to guarantee that all remains can be recovered or definitively identified. Arrangements are in place for support to identification from Forensic Science Ireland where DNA can be extracted from remains recovered.
I can confirm that the remains of the person whose details were provided are included in the overall project, although recovery and identification is subject to the uncertainty noted above.
My Department welcomes any contact by concerned families and my officials will engage with them to establish what can be done to identify specific individuals.
570. Deputy Paul Donnelly asked the Minister for Justice further to Parliamentary Question No. 520 of 14 February 2023, if he has received the necessary information from the Garda authorities to have this question answered. [14990/23]
View answerI have sought the information requested by the Deputy from An Garda Síochána, and will contact him again when this is to hand.
571. Deputy Paul Donnelly asked the Minister for Justice further to Parliamentary Question No. 516 of 7 March 2023, if he has received the necessary information from the Garda authorities to have this question answered. [14991/23]
View answerI understand that Parliamentary Question No. 516 of 7 March 2023 refers to the number of arrests from Blanchardstown Garda station in 2022, and to-date in 2023.
As the Deputy is aware, the Garda Commissioner is responsible for the management and administration of Garda business under Section 26 of the Garda Síochána Act 2005 (as amended), which includes all operational policing matters. As Minister I play no role in these independent functions.
I am advised by the Garda authorities that a search of the PULSE database was conducted on the 3 March 2023 for Prisoner Logs with an Arrest or Entry Date between 1/01/2022 – 2/03/2023, where the station of custody was Blanchardstown.
Based on the numbers returned, the table below shows the count of arrests by year.
|
Year |
2022 |
2023 (up to 02/03/2023) |
Grand Total – Arrests Blanchardstown Garda Station |
|
Count |
1,276 |
169 |
1,445 |
This information is based upon operational data from the PULSE system as at 01:00 on 3/03/2023, and is liable to change.
572. Deputy Paul Donnelly asked the Minister for Justice further to Parliamentary Question No. 461 on 24 January 2023, if he has received the necessary information from the Garda authorities to have this question answered. [14992/23]
View answerI have sought the information requested by the Deputy from An Garda Síochána and will contact him again when this is to hand.
573. Deputy Paul Donnelly asked the Minister for Justice the number of full-time voice recognition specialists employed by An Garda Síochána in 2021, 2022 and to date in 2023, in tabular form. [14993/23]
View answerAs 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 any decisions in relation to the allocation and control of Garda resources. As Minister, I have no role in such matters.
I am informed that there were no full-time voice recognition specialists employed by An Garda Síochána in the years requested by the Deputy. Such a role does not exist within An Garda Síochána.
574. Deputy Paul Donnelly asked the Minister for Justice the number of times that An Garda Síochána has hired external jewellery valuers to carry out works on behalf of the force in 2021, 2022 and to date in 2023, in tabular form; and the amount paid for such works. [14994/23]
View answerAs 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 any decisions in relation to the allocation and control of Garda resources. As Minister, I have no role in such matters.
I am informed that the table below sets out the number of times An Garda Síochána has hired external jewellery valuers in 2021, 2022 and to date in 2023, in tabular form; and the amount paid for such works.
|
Year |
No. of times |
Total Amount paid |
|
2021 |
14 |
€3,541.08 |
|
2022 |
7 |
€771.13 |
|
2023 (to date) |
0 |
€0 |
Figures provided by the Criminal Assets Bureau on 23 March 2023.
These figures are operational and may be liable to change.
575. Deputy Paul Donnelly asked the Minister for Justice further to Parliamentary Question No. 515 of 7 March 2023, if he has received the necessary information from the Garda authorities to have this question answered. [14995/23]
View answerThe Deputy's original question from March sought an update on Garda Operation Pier, including the amount of drugs seized under Operation Pier; and the number of persons arrested and charged under this operation to date.
Public safety is a key priority for me as Minister for Justice. An Garda Síochána is making important progress in tackling crime including through many Garda operations nationwide.
I am advised by the Garda authorities that Operation Pier was originally established for the purpose of targeting anti-social behaviour and drug dealing in the Pearse Street Sub-District and was amalgamated with Operation Citizen in 2022.
Operation Citizen is the overarching Garda response to ensure high visibility and a proactive response to anti-social behaviour and other crimes occurring in that area. The primary objective of An Garda Síochána remains to maximise public safety; to maintain core policing functions; to detect crime and preserve the peace and to promote confidence in An Garda Síochána.
The members deployed on Operation Citizen are drawn from Store Street and Pearse Street Garda stations, thus utilising the members that are best placed to provide an effective policing service, bringing with them local knowledge and ownership of the objectives. These members have support from other uniformed and plain clothes (including armed) members available where additional assistance is required to respond to any particular issue or incident, should the need arise.
The Garda authorities have informed me that they are unable to provide drug seizure values based on PULSE data. The official source for verified drug types, quantities and values is carried out after analysis by Forensic Science Ireland and published in their annual report.
To be of assistance to the Deputy, a search of the PULSE database was conducted on for Prisoner Logs, Charges and Summons associated with Incidents with a reported date between 1 January 2017 and 31 December 2022. The table below shows the number of arrests, charges and summons by year. These figures relate to all operational activity and not limited to one operation.
|
Year |
Charge |
Arrests |
Summons |
|
2017 |
935 |
630 |
18 |
|
2018 |
1057 |
733 |
33 |
|
2019 |
3020 |
2095 |
148 |
|
2020 |
2540 |
1594 |
111 |
|
2021 |
1660 |
1210 |
134 |
|
2022 |
595 |
367 |
81 |
|
Grand Total |
9807 |
6629 |
525 |
The figures are based on operational data from the PULSE system as of 6 March 2023 and are liable to change.
576. Deputy Jennifer Whitmore asked the Minister for Justice what position Ireland has taken at a European Council level on the European Commission proposals for new rules for the mutual recognition of parenthood between member states; and if he will make a statement on the matter. [15004/23]
View answerAs the Deputy is aware, the European Commission published in December 2022 a proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood. The proposal seeks to ensure that parenthood established in a Member State is recognised in all other Member States.
The legal basis for the proposed Regulation is Article 81(3) of the Treaty on the Functioning of the European Union (TFEU), which provides for a special legislative procedure for judicial co-operation in family law matters. An opt-in under Protocol 21 to TFEU on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice is required for Ireland to participate in the proposed Regulation. The approval of both Houses of the Oireachtas under Article 29.4.7° of the Constitution is required for Ireland to opt in to a measure under Protocol 21.
My Department consulted with the Department of Health, the Department of Children, Equality, Disability, Integration and Youth, the Department of Social Protection, and the Department of Foreign Affairs, and sought legal advice from the Office of the Attorney General on the proposed Regulation.
The principal issues of concern in relation to the proposed Regulation are the risk of undermining Government policy on surrogacy and donor assisted human-reproduction (DAHR), and existing and proposed legislation in these areas. Particular concerns are the protections existing, and to be provided for, in Irish law for the rights and welfare of children born through surrogacy or DAHR, including the rights of children to have access to information on their genetic origins; and the rights and welfare of surrogate mothers and other parties involved in international surrogacy or DAHR arrangements.
Having considered these concerns, and in light of the interdepartmental consultation and advice of the AGO, I advised Government on 7 March that I had decided not to exercise, on behalf of Ireland, the option provided by Article 3 of Protocol 21 to notify the President of the Council of the European Union that Ireland wishes to take part in the adoption and application of the proposed Regulation.
In a case where Ireland does not opt in to a measure under Article 3 of Protocol 21, Ireland may participate in the negotiation of the measure, but may not vote on its adoption by the Council of the European Union, and is not bound by the measure once adopted.
My Department will continue to participate actively in the negotiations on the proposed Regulation.
I will keep under ongoing review, in consultation with other Ministers, the question of opting into the proposed Regulation after its adoption, as provided by Article 4 of Protocol 21, having regard to developments in Irish policy and law in the areas of parentage arising from international surrogacy and donor-assisted human reproduction.
577. Deputy Richard Boyd Barrett asked the Minister for Justice the rationale for the setting up of the Firearms Expert Committee, FEC; and if he will make a statement on the matter. [15029/23]
View answerThe Firearms Expert Committee (FEC) was established to serve in an advisory capacity on firearms matters. Its terms of reference, which are publicly available, include to carry out an assessment of all types of firearms, to determine their current use under the existing licensing system and their suitability for future licensing.
I can advise the Deputy, the FEC was made up of five members: an independent Chairperson, a representative of An Garda Síochána, a representative of the Department of Justice, and two non-governmental Ordinary Members having experience of firearms. This structure was chosen to give balanced representation to both governmental and non-governmental stakeholders.
On 31 March, 2022, expressions of interest were sought from suitably qualified candidates for appointment to the Firearms Expert Committee. This call was published on the Department of Justice’s website and shared with various stakeholder organisations. The call for expressions of interest was administered by officials from the Criminal Justice Policy function of the Department of Justice which also acts as the Secretariat to the Committee. Appointment to the Committee was conducted in line with the process advised in the expressions of interest document.
In total, 14 applications were received for the position of Chairperson and 34 for the positions of Ordinary Member. Given the number of well-qualified applicants, I requested that shortlists of candidates be prepared for final consideration. These shortlists were prepared by assessing applications against the suitability indicators listed in the expression of interest document. After careful consideration, I then selected the candidates for appointment from these shortlists.
Following the selection process for appointment to the Committee, Ms. Emma Meagher Neville was selected for the position of Chairperson. Ms. Meagher Neville qualified as a solicitor in 1998 and is currently the Vice President of the Southern Law Association (SLA) and a Council member of the Law Society of Ireland. Mr. Paul Walsh and Mr. Fabian Connolly, both Registered Firearms Dealers with extensive experience in different types of shooting, were selected for the positions of Ordinary Member. An Garda Síochána was represented on the Committee by Superintendent Emma Doyle (or her alternative, Inspector Paul Greene), who replaced the initial nominee Superintendent Brain Murphy in advance of the first meeting. Mr. John Guinane, the Firearms Range Inspector, was appointed to represent the Department.
I can advise the Deputy that the final meeting of the FEC took place on 3 March, 2023, and that the Committee has now finalised its reports. The reports will be submitted to me imminently and it is my intention to publish them shortly after this, along with the minutes of its meetings. As I have emphasised throughout the process, the role of the FEC was to make recommendations to me for subsequent consideration. Any subsequent changes to policy or legislation arising from any of the recommendations by the committee will of course be subject to prior consultation with the relevant stakeholders.
578. Deputy Ruairí Ó Murchú asked the Minister for Justice if consideration will be given to allowing persons outside of marriage or civil partnership who have residency in the North of Ireland to apply for Irish citizenship through naturalisation based on their years living there, without the need to rely on a spouse or civil partner; and if he will make a statement on the matter. [15056/23]
View answerThe 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.
Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister for Justice may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled.
The conditions include that the applicant must have had a period of one year's continuous residence in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years, and that the applicant intends in good faith to continue to reside in the State after naturalisation.
There are no plans to legislate to revise these requirement along the lines proposed by the Deputy.
