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Tuesday, 18 Apr 2023

Written Answers Nos. 953-970

Control of Firearms

Questions (953, 974, 995, 1070)

Catherine Murphy

Question:

953. Deputy Catherine Murphy asked the Minister for Justice if he will set out his rationale for not expanding the membership of the firearms expert committee to include a broader ordinary membership to act as representatives for the end user's perspective; and if he will provide an update on his work on the regulatory structure around firearms in Ireland and modernisation of same. [16577/23]

View answer

John McGuinness

Question:

974. Deputy John McGuinness asked the Minister for Justice his views on a matter (details supplied); and if he will make a statement on the matter. [17249/23]

View answer

Jennifer Murnane O'Connor

Question:

995. Deputy Jennifer Murnane O'Connor asked the Minister for Justice if there are any plans to meet with regional game councils as part of the public consultation process following the firearms committee report; and if he will make a statement on the matter. [17568/23]

View answer

Michael Healy-Rae

Question:

1070. Deputy Michael Healy-Rae asked the Minister for Justice if he will address a matter (details supplied); and if he will make a statement on the matter. [16529/23]

View answer

Written answers

I propose to take Questions Nos. 953, 974, 995 and 1070 together.

I can advise the Deputies that I established the Firearms Expert Committee (FEC) on a non-statutory basis with representation from stakeholders, my Department and An Garda Síochána. The purpose of the FEC was to serve in an advisory capacity to me as Minister, providing guidance on a wide range of matters related to firearms licensing in the State. In line with its comprehensive terms of reference, which were made publicly available, the FEC was tasked with making recommendations on a range of firearms matters for my subsequent consideration, including carrying out an assessment of all types of firearms to determine their current use under the existing licensing system and their suitability for future licensing.

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 call was published on the Department of Justice 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 Committee. Appointment to the Committee was conducted in line with the process advised in the expressions of interest document which was published. 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.

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.

The FEC held nine in-person Committee meetings, in addition to one videoconference with representatives of the PSNI firearms licensing branch and one final videoconference Committee meeting concerning the finalisation of the reports, over a period of nine months. Summaries and minutes of the in-person Committee meetings, detailing the items of discussion, have been published on Gov.ie and are publicly available (see: www.gov.ie/en/publication/8fa98-firearms-expert-committee).

The FEC heard from a number of expert witnesses during the course of its meetings: officials from the National Parks and Wildlife Service; two experienced licensing officers from An Garda Síochána; officials from the PSNI firearms licensing branch; and officials from the Northern Ireland Office. The FEC further considered a number of submissions that were made to the committee.

The Deputies may wish to know that the final meeting of the FEC took place on 3 March 2023 and that I received the final reports from the FEC which I published on Friday, 31 March 2023 on Gov.ie. I can confirm to the Deputies that nobody on the committee resigned for the duration of its work, however I understand that following the submission of the final reports, one member indicated to the Chair that he was withdrawing his support for them.

As I have emphasised throughout the process, any proposed changes to policy or legislation arising from any of the recommendations of the FEC will be subject to prior consultation with firearms stakeholders. Details of the consultation process are being finalised and will be publicised shortly. When this happens I will ensure that the methods of engagement are communicated to all interested organisations so that they, and their members, can engage fully in the consultations.

As can be seen from its publicly-available reports, the FEC does not recommend that firearms certificates be conditioned to specify the locations where, or purposes for which, firearms may be used.

I can also advise the Deputies that firearms legislation more broadly is kept under ongoing review and there are no immediate plans to amend the regulatory structure in this area.

An Garda Síochána

Questions (954)

Jennifer Murnane O'Connor

Question:

954. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the number of unfilled posts in the Kilkenny-Carlow division, including rank, in tabular form. [16682/23]

View answer

Written answers

As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes responsibility for the deployment of Garda members throughout the State. As Minister, I have no role in these matters.

I am assured that Garda management keeps the distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimal use. I understand that it is a matter for the divisional Chief Superintendent to determine the distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs.

I am advised by the Garda authorities that at 31 March 2023 the latest date for which figures are available, there were 321 Garda members assigned to the Kilkenny/Carlow Division. This represents an increase of 13% since end December 2015 when there were 284 Garda members assigned to the Division. 

I am informed that there is no fixed number of resources for the Division and therefore it is difficult to calculate exact figures for vacancies.

I am further informed that when consideration is given to the allocation and transfer of Garda members to and from any Division, account is given to commitments and undertakings outlined in the Annual Policing Plan and priorities as determined in delivering ‘A Policing Service for The Future’.

I  understand that the requirements of all Garda Divisions nationwide are also taken into account, which include:

• Local and national crime trends and workloads

• Policing arrangements and operational strategies

• Minimum establishment statistics

• Local population and trends, geographical area and size

• Transfer applications, including welfare, personnel issues and concerns

I also understand that local and senior Garda Management are consulted during the allocation of personnel and are responsible for the specific deployment and assignment of duties being undertaken at divisional level.

The situation remains closely monitored by the Garda Senior Leadership Team, particularly in view of commitments to the continued roll-out of the operating model of policing at divisional level to ensure optimum use of all Garda Resources in providing the best possible Garda service to the community.

Asylum Seekers

Questions (955)

Seán Canney

Question:

955. Deputy Seán Canney asked the Minister for Justice if he plans to lift the restrictions on the right to work to allow all asylum seekers to work and implement all the recommendations of the Catherine Day advisory group in relation to the right to work; and if he will make a statement on the matter. [16700/23]

View answer

Written answers

Since its introduction in June 2018, under the European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), the labour market access permission issued by my Department has had a very positive impact for international protection applicants and employers alike. Over 13,000 first labour market access permissions have been granted to date. 

This permission gives eligible applicants the opportunity to work and helps them to integrate into Irish society while providing for themselves and their families outside of the State’s directly provided services and supports. It also helps people to plan and prepare for their future in Ireland if they receive a positive decision on their application for international protection.

The Regulations provide access to both employment and self-employment for any applicant who has not received a first instance decision within six months of making their international protection application, provided that this situation cannot be attributed to the applicant.

The European Communities (Reception Conditions) (Amendment) Regulations 2021 (S.I. No. 52 of 2021) reduced the waiting period for labour market access for international protection applicants to 6 months and extended the validity of a labour market access permission to 12 months, with effect from 9 February 2021. 

Justice Plan 2023 commits to reviewing the impact of the Access to Labour Market improvements introduced in 2021. The review is due to be completed in the first half of the year.

Immigration Status

Questions (956)

Pádraig MacLochlainn

Question:

956. Deputy Pádraig Mac Lochlainn asked the Minister for Justice if he will provide an update on the application status of a person (details supplied) to the Afghan admission programme; and if he will make a statement on the matter. [16703/23]

View answer

Written answers

The person referred to made an application to the Afghan Admission Programme which was received by my Department on the 9th of March 2022 and continues to be processed. I would like to take this opportunity to assure the person concerned 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. The requested information has begun to be received and applications continue to be assessed in a pragmatic and humanitarian manner.

My Department commenced issuing decisions in the final quarter of 2022.  As of the 6th of April approvals have issued in respect of 409 beneficiaries under the Afghan Admissions Programme.  To date no refusal letters have issued.

All applicants will be notified of the outcome of their application in the coming months.

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. 

Travel Documents

Questions (957, 958)

Jackie Cahill

Question:

957. Deputy Jackie Cahill asked the Minister for Justice the current processing times for travel document applications for the family reunification of a person who has refugee status; if the grounds on which they are applying is taken into account in ensuring their timely processing, given the limited timeframe for permission to enter and reside with family reunification cases; and if he will make a statement on the matter. [16784/23]

View answer

Jackie Cahill

Question:

958. Deputy Jackie Cahill asked the Minister for Justice what an individual may do if their travel document applications are not processed and issued in time to allow for a family to travel within the one-year timeframe given upon family reunification approval; and if he will make a statement on the matter. [16785/23]

View answer

Written answers

I propose to take Questions Nos. 957 and 958 together.

I recognise the importance of international protection recipients having their family members reunited with them as soon as possible. To this end my Department engages, where necessary, with applicants for family reunification to ensure that they have every opportunity to meet the requirements of the International Protection Act 2015 in this regard.

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. Successful applicants have a period of 12 months from receipt of the permission letter arising from their family reunification application to make arrangements for their family members to come to Ireland.  It is the experience of my Department that the period of 12 months is adequate to make the necessary arrangements.

The Travel Document Unit in my Department processes travel documents for people who are deemed to be refugees under the 1951 United Nations Convention. This Unit also processes travel documents for beneficiaries of family reunification programmes who do not have a national passport. When a Travel Document applicant is outside the State, the completion of their application form, and the issuing of any subsequent document can be facilitated by the nearest Irish Embassy.

The applicant should submit their application form, and all required documentation, to:

Travel Document Section, Repatriation Division, Immigration Service Delivery, Department of Justice, 13-14 Burgh Quay, Dublin 2, D02 XK70

Once this information has been received the Travel Document Section will make arrangements to have the applicant attend the relevant Irish Embassy in order to have the rest of their application completed and witnessed. This will then be returned to our Dublin office by Embassy staff in order for processing to be completed. Any Travel Document that is produced will then be sent to the relevant Embassy for collection.

In recent times, the Travel Document Unit has experienced a very high volume of applications requiring processing and this has unfortunately had a negative impact on processing times. As a result, regrettably, the processing time for travel documents is currently 22 weeks, upon receipt of a fully completed application.

I can assure the Deputy that every effort is made to ensure that the travel documents are made available to enable family members to be admitted to Ireland and the particular circumstances of any individual case will be taken into account.

Question No. 958 answered with Question No. 957.

Prison Service

Questions (959)

Peadar Tóibín

Question:

959. Deputy Peadar Tóibín asked the Minister for Justice in light of the recent decision by the Minister for Defence to appoint a statutory investigation into complaints made regarding an unsafe working environment in the Irish Defence Forces, if he will appoint a similar statutory investigation into complaints of an unsafe working environment within the Irish Prison Service, which has been brought to the attention of his ministerial counterpart and previous Ministers for Justice; and if he will make a statement on the matter. [16788/23]

View answer

Written answers

The vast majority of Irish Prison Service members serve their organisation and the State with integrity each and every day of their careers and we are rightly proud of the jobs they do often under difficult circumstances.

Professionalism and integrity is taught and promoted right from training for new recruits through to each and every rank and grade in the Prison Service.

The prevailing culture in a disciplined organisation like the Prison Service must be one that ensures that there is no tolerance of inappropriate behaviours and that where a person is subjected to such behaviour or witnesses it, they are empowered to speak up.  Where people do speak up, they must be supported and the organisation must deal firmly with perpetrators.  Central to this is the organisation's Codes of Ethics, which includes the commitment for each member to support, encourage and facilitate speaking up and reporting wrongdoing at every level in the organisation.  

Employees of the Irish Prison Service have a number of mechanisms with which to raise complaints, primarily under the Civil Service Disciplinary Code and the Dignity at Work Policy.  Employees of the Irish Prison Service also have access to the Civil Service Grievance Procedure and normal industrial relations processes if the complaint relates to their terms and conditions of employment.

The Human Resources Directorate of the Irish Prison Service progresses complaints received from staff, where bullying, harassment or sexual harassment is alleged, under the Irish Prison Service Dignity at Work Policy. However, complaints may proceed directly to be dealt with under the Civil Service Disciplinary Code.

I have also been assured that all complaints raised under that policy are treated, fairly and in the strictest confidence. Furthermore, complaints which are upheld may then be pursued as a disciplinary issue, in accordance with the provisions of the Disciplinary Code.

If the treatment or behaviour amounts to criminal conduct, I would encourage people to report this to Gardaí regardless of who the perpetrator was or where it happened.

The Prison Service Dignity at Work Policy aims to achieve a work environment where dignity and respect are to the forefront of our values; create an environment where bullying, harassment, and sexual harassment are not tolerated in any form; ensure that each individual is aware of his/her responsibility to behave in a way that reflects a culture of dignity and respect; and; provide awareness regarding the steps which individuals may take if they feel that they have been bullied, harassed or sexually harassed.

Under the Dignity at Work Policy, the resolution of matters complained of can, where appropriate, be through local resolution, mediation, investigation or a combination of all three.

All Recruit Prison Officers receive training on the Dignity at Work Policy which outlines their, and their colleagues’, rights to work in an environment free from bullying, harassment and sexual harassment and the options available in the event that they feel they have been bullied or harassed. Training on this matter also forms part of the Continuing Professional Development of employees of the Irish Prison Service. 

The Irish Prison Service has planned a cultural audit for later this year which will have an important role to play in highlighting any cultural issues in the organisation and in providing a basis for actions to address any issues that emerge.

In addition, there are a number of support provided for employees of the Prison Service and staff are encouraged to avail of these supports which include:

• the HR Governor and Staff Support Officers at the prison locations;

• the Employee Assistance Service at a national level;

• Inspire Workplaces, a free confidential counselling service giving employees support on a range of personal and work-related issues, and   

• a free and anonymous text helpline funded by the HSE.

Also, it is important to emphasise that the Irish Prison Service makes every effort to provide a safe working environment in accordance with health and safety legislation. While the Irish Prison Service currently uses an internationally recognised framework for managing health and safety, this system is currently in the process of being upgraded to the latest standard in line with best practice.

Legal Aid

Questions (960)

Thomas Pringle

Question:

960. Deputy Thomas Pringle asked the Minister for Justice when the necessary steps will be completed by his Department to allow for legal aid in cases relating to the Assisted Decision-Making (Capacity) Act 2015; and if he will make a statement on the matter. [16789/23]

View answer

Written answers

As the Deputy may be aware, the Programme for Government commits to commencing the Assisted Decision Making (Capacity) Act 2015, and the necessary amending legislation, recognising the importance of the much-needed reform that it represents. The Assisted Decision-Making (Capacity) (Amendment) Act 2022 was signed into law in December 2022.  

The Acts bring into effect a new legislative framework to support decision making by adults with capacity difficulties. They provide for a three tier framework of decision making assistance arrangements, co-decision making agreements, and decision making representation orders.  

The 2015 Act also provides for the long overdue repeal of the Lunacy Regulation (Ireland) Act 1871 and the bringing to an end of the system of wardship for adults. All existing wards of court will be discharged over a three-year period and, if appropriate, transitioned to a decision support arrangement under the Act.  

Responsibility for the Assisted Decision Making (Capacity) Act 2015 now rests with my colleague, the Minister for Children, Disability, Equality, Integration and Youth Minister O'Gorman, and his Department.  

In relation to Civil Legal Aid under the Assisted Decision Making (Capacity) legislation, my officials are working to draft the necessary legal aid regulations.  

It is important to note that the Legal Aid Board is independent in the exercise of its functions. I am very aware and appreciative of the important work it does in enabling those of limited means to achieve access to justice.  

Funding for the Legal Aid Board amounted to €47.9m in 2022 and in Budget 2023 an additional €3 million was allocated in respect of legal advice and support to persons under the Assisted Decision Making (Capacity Act).  

The Legal Aid Board is currently planning its arrangements to provide services under the Act, and has received sanction from the Department of Public Expenditure, NDP Delivery and Reform to create a private practitioner panel of solicitors to provide services.

An Garda Síochána

Questions (961)

Pádraig MacLochlainn

Question:

961. Deputy Pádraig Mac Lochlainn asked the Minister for Justice the engagements he or any Ministers of State in his Department have had with the Garda Commissioner in relation to delivering a new Garda station for Carndonagh, County Donegal. [16799/23]

View answer

Written answers

The Deputy will appreciate, under the Garda Síochána Act 2005 (as amended), the Commissioner is responsible for all decisions related to the Garda Estate and that such works are progressed by the Office of Public Works in close cooperation with the Garda authorities.  

I and my officials have engaged with the Garda Commissioner, members of An Garda Síochána and the OPW in relation to the delivery of the Garda capital programme, and the Garda Station modernisation programme, which includes a new station in Carndonagh.

An Garda Síochána

Questions (962, 973)

Éamon Ó Cuív

Question:

962. Deputy Éamon Ó Cuív asked the Minister for Justice the average delay for decisions to be made on Garda vetting applications; the steps he is taking to streamline the process because of the effect it is having on staffing resources in health settings especially; and if he will make a statement on the matter. [16804/23]

View answer

Dessie Ellis

Question:

973. Deputy Dessie Ellis asked the Minister for Justice the number of applications for Garda vetting received from January 2022 to date by the Garda National Vetting Bureau; the average length of time it took to process an individual application; and if he will make a statement on the matter. [17246/23]

View answer

Written answers

I propose to take Questions Nos. 962 and 973 together.

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including responsibility for the Garda vetting system. 

Additionally, the National Vetting Bureau Act 2012 makes it the responsibility of the Chief Bureau Officer of the Garda National Vetting Bureau (GNVB), to establish and maintain the database of the Bureau. As Minister, I have no role in such matters.

However, I am advised by An Garda Síochána that there are no backlogs or delays in Garda vetting. In 2022, the Garda National Vetting Bureau (GNVB) received over 549,000 applications, the highest-ever number.

I am further advised that from 1 January 2023 to date, the GNVB has received 154,445 vetting applications. This is a marked increase on the 145,768 applications received in the same period in 2022, with the Bureau working seven days per week in an effort to process the unprecedented numbers of applications. 

The Bureau cannot advise the average length of time it took to process an individual application. Nonetheless, the average turnaround time for vetting applications where there is no need to take any further action or make any further enquiries has, since the start of 2023, been seven working days. Therefore, applications are processed within the target turnaround time.

I am also informed that the turnaround time for standard vetting of hosts for Ukrainian families and aviation vetting continues to be one working day.

The Bureau advise that, in a number of instances, it is necessary for them to conduct enquiries for a multiplicity of reasons within An Garda Síochána and with relevant stakeholders. Therefore, processing times for such applications are significantly longer than the general average.

The Bureau has communicated with all relevant stakeholders to advise them of the current turnaround times and to assure them that they continue to process vetting applications as expeditiously as possible.

I can advise the Deputy that the Garda Vetting Review Group was established in April 2021 and meets regularly to discuss potential amendments to vetting legislation. This group includes members of the GNVB in An Garda Síochána, officials from my Department, from Tusla, and from other relevant stakeholders.

The primary focus of the Group is strengthening the vetting legislation in an effective manner, including any changes that may be possible in relation to multi-purpose vetting or re-vetting.  As per action 10 in Justice Plan 2023, which is available on the Department’s website, I expect to receive the Group’s report by the end of Q2.

An Garda Síochána

Questions (963)

Jim O'Callaghan

Question:

963. Deputy Jim O'Callaghan asked the Minister for Justice whether members of An Garda Síochána who are carrying out the same work as civilian members of An Garda Síochána are granted extensions to their retirement age under SI 335/1951, as amended, on the grounds that they are doing similar work, yet civilian staff can remain working until 65 years; and if he will make a statement on the matter. [16814/23]

View answer

Written answers

As the Deputy will be aware, civilian members of An Garda Síochána are civil servants of the Government. The terms and conditions of their employment, including details of their retirement, are a matter for the Minister for Public Expenditure, NDP Delivery and Reform.

As the Deputy will also be aware, the Government is committed to doubling the number of Garda staff to 4,000.  The purpose of this policy is, in part, to allow for the redeployment of highly skilled professional Gardaí from administrative to front-line policing roles.  As far as possible, Garda members should be assigned to posts requiring police powers or experience.

Family Reunification

Questions (964)

Patrick O'Donovan

Question:

964. Deputy Patrick O'Donovan asked the Minister for Justice if he will confirm when a corrected letter stating the correct date of birth for a person (details supplied) will issue; and if he will make a statement on the matter. [16819/23]

View answer

Written answers

I am advised by the Family Reunification Unit (FRU) of my Department that the applicant wrote to the Unit on 10 November 2022 regarding an error of date of birth.

The unit requested that the applicant send back the original letter before issuing the updated/corrected version, which is standard for the Unit to ask of applicants in order to avoid creating multiple versions of documents to have in circulation in case they are used for more than one person.

In November 2022, the applicant's solicitor emailed the Unit stating that the letter was with the FRU for Visa processing, however they were corrected by the Unit and advised that it must be with another unit within the Department. It was also suggested that they contact Travel Documents section and were provided contact details of same.

To date the FRU have not received the original letter back, but have retained the applicant's file and are ready to issue the updated details on receipt of the original letter.

An Garda Síochána

Questions (965)

Catherine Murphy

Question:

965. Deputy Catherine Murphy asked the Minister for Justice the closing date for accepting tender offers for the provision of new helicopters and aircraft for the Garda air support unit. [16931/23]

View answer

Written answers

I have contacted An Garda Síochána for the information requested by the Deputy, regretfully this information was not available in time. I will write to the Deputy once the information is to hand.

The following deferred reply was received under Standing Order 51.
As you will appreciate, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for managing and controlling generally the administration and business of An Garda Síochána. As Minister, I have no role in these matters. The Government is committed to ensuring An Garda Síochána has the resources it needs to deliver a modern, fit-for-purpose, policing service. Budget 2023 provides funding of €2.14 billion for An Garda Síochána which includes funding to procure a new fixed wing aircraft.
I am advised by the Garda authorities that An Garda Síochána has received legal advice through the Office of the Attorney General and the Chief State Solicitors Office that the procurement of aircraft for An Garda Síochána is encompassed within regulation 9(b) of the European Union (Award of Contracts Defence and Security) Regulations 2012 (S.I. 62 of 2012), which transposed Directive 2009/81/EC into Irish law.
I am advised that the procurement process will be conducted in line with Regulation 9(b) of the European Union Regulations 2012 and that no date has been finalised as yet.
I am informed that notification will be issued once a contract has been agreed upon.
I trust this information is of assistance.

Legal Aid

Questions (966)

Aodhán Ó Ríordáin

Question:

966. Deputy Aodhán Ó Ríordáin asked the Minister for Justice when the last review of the financial thresholds for qualification for legal aid from the Legal Aid Board took place; his views on whether the current income threshold of €18,000 is outdated in view of inflation; and if he will sanction a review of the current system to examine the income and disposable asset thresholds and evaluate any alternative qualification metrics. [16943/23]

View answer

Written answers

As the Deputy will be aware, the Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means in the State, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2021.

In its forty years of operation, the Civil Legal Aid Scheme has been a significant and beneficial public service, providing legal aid and advice to people of limited means in civil disputes, including family law. 

However, since the Scheme was set up, Irish society has changed, and the demands of the service have grown. In order to provide maximum benefit to those it was established to serve, within the finite resources available to fund legal aid, a robust, comprehensive review of the Scheme is now under way.

Minister McEntee announced last year that a Review Group would be established and chaired by former Chief Justice Frank Clark. The membership of the group includes those who work with marginalised groups, legal practitioners, academics, Department officials and representatives from the Legal Aid Board, which administers the statutory scheme. The Group's report is expected by the end of this year.

As part of the review, a comprehensive process of consultation has been conducted to ensure that a wide range of views and insights regarding the operation of the Scheme – and how best to support those of limited means with legal needs – is captured.

A call for submissions,  from key stakeholders, launched last November, was the first element of the consultation and closed on 28th February 2023.  

The Group also launched a public survey to capture the views of those who have experience of the civil legal aid scheme or who have applied for it. The public survey also closed on 28th February 2023.

The third strand of consultation, focused on hard to reach groups is approaching conclusion.

The results of all elements of the consultation are now being reviewed by the Review Group and will inform its work. This review will include consideration of eligibility thresholds.

The financial eligibility threshold for income was last revised in 2006 (SI 460 of 2006) and for capital assets in 2013 (SI 346 of 2013).

The review will allow for an assessment of how flexible and responsive the Scheme is to the needs of those it is intended to serve, including in relation to eligibility.

I am aware of the pressures people are facing at the moment regarding the cost of living and of the potential impact this may have. My officials are working with the Legal Aid Board to examine whether there are steps might feasibly be taken in the short-term pending the outcome of the wider review.

Public Inquiries

Questions (967)

Catherine Murphy

Question:

967. Deputy Catherine Murphy asked the Minister for Justice if he and-or predecessors have received interim and final reports of an inquiry in respect of a person (details supplied); the progress the inquiry has made to date; and the date on which it is expected to conclude. [16964/23]

View answer

Written answers

Unfortunately, as the Deputy may be aware, Judge McDonagh informed Minister McEntee that he was unable to continue with the work of the Inquiry due to personal reasons. Consequently, on 11 January 2022, the Minister appointed retired District Court Judge, Michael Coghlan to continue the work of the Inquiry.

Judge Coghlan had provided updates on his work and has advised that the vast bulk of the component parts of the report have now been drafted. Judge Coghlan has further advised that the report is lengthy and requires a considerable amount of proofing and editing and he is hopeful that he will be in a position to submit the final report in early course.

While the Inquiry remains independent of me as Minister, I have assured Judge Coghlan that every possible resource will be made available in order that the work of the Inquiry can be concluded in a timely and efficient manner.

Family Reunification

Questions (968, 996)

David Stanton

Question:

968. Deputy David Stanton asked the Minister for Justice the number of family reunification applications currently awaiting a decision by his Department; the number of applications received, approved and rejected each month over the past 12 months; the average processing time for a decision on such applications; and if he will make a statement on the matter. [16985/23]

View answer

Eoin Ó Broin

Question:

996. Deputy Eoin Ó Broin asked the Minister for Justice the total number of applications, and the number of successful and unsuccessful applications, made under section 56 of the International Protection Act 2015, in 2022 and to date in 2023. [17587/23]

View answer

Written answers

I propose to take Questions Nos. 968 and 996 together.

Family reunification as provided for in the International Protection Act 2015, gives certain family members of a qualified person, the sponsor, an immigration permission allowing them to enter, remain and reside in the State with the sponsor. 

An application for family reunification must be made by the sponsor within 12 months of them being granted an International Protection permission and is subject to the provisions of the International Protection Act 2015.

Currently, the Family Reunification Unit of my Department has 631 applications for 1,934 family members in progress under the International Protection Act 2015. In 2022, my Department received 760 family reunification applications for 2,245 family members under the Act.

The current average processing time is 12 months. The speed in which a decision can be made is impacted by the quality of the application received. My Department will continue to engage with the applicant for any further information that may be required to assist with the processing of the application.

The table below gives the number of applications received, approved and refused, including the number of family members encompassed in those applications, broken down by month. Please note that decisions issued in any month may relate to applications which were received in a previous month or year due to the time taken to process applications.

 2022

Primary Applicants

Subjects

Approved

Refused

Jan 22

80

253

45

132

Feb 22

53

161

23

49

Mar 22

49

143

10

35

Apr 22

53

143

54

73

May 22

67

246

25

71

Jun 22

71

202

44

85

Jul 22

71

191

48

96

Aug 22

74

199

16

66

Sep 22

81

247

67

83

Oct 22

73

200

68

117

Nov 22

54

154

51

52

Dec 22

34

106

23

56

2022 Total

760

2,245

474

915

Jan 23

29

75

26

25

Feb 23

51

126

25

36

Mar 23

25

82

29

14

2023 YtD

105

283

80

75

Information on how to apply for family reunification as provided for in the International Protection Act 2015 is available on my Department's website here: www.irishimmigration.ie/coming-to-join-family-in-ireland/family-reunification-of-international-protection-holders/

Visa Applications

Questions (969)

Seán Fleming

Question:

969. Deputy Sean Fleming asked the Minister for Justice when a work visa application by a person (details supplied) will be granted; and if he will make a statement on the matter. [17189/23]

View answer

Written answers

I can advise the Deputy that the visa application he refers to was refused on the 12th of December 2022. The reasons for this decision were set out in the refusal letter sent to the applicant at that time. An appeal of this decision was received in the Dublin Visa Office on the 24th of January 2023.

All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on our website. Applicants that meticulously follow these guidelines have an improved prospect of receiving a positive decision at first instance.

It should be noted that visa appeals are dealt with in strict chronological order and that a decision will be issued to the applicant as soon as full consideration has been given by a Visa Appeals Officer. 

The Dublin Visa Office are currently dealing with appeals of this type received, in the Dublin Visa Office, on the 18th of August 2022. Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday:

www.irishimmigration.ie/visa-decisions/

Applicants are advised not to pay for a travel ticket before you receive a decision on your visa as  there is no guarantee that any individual application will be successful.

It should also be noted that the granting of a work permit by the Department of Enterprise, Trade and Employment (DETE) has no bearing on whether a visa will be subsequently granted. These are two very distinct application processes with different checks and procedures in place in each respective Department.

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.

Private Security Authority

Questions (970)

Michael Ring

Question:

970. Deputy Michael Ring asked the Minister for Justice if he will outline the most recent legislation and regulations governing the private security industry; and if he will make a statement on the matter. [17195/23]

View answer

Written answers

As the Deputy is aware, the Private Security Authority, an independent body under the aegis of my Department, is the statutory body with responsibility for licensing and regulating the private security industry in Ireland.  

The Private Security Services (Amendment) Act 2021, the most recent primary legislation relating to the private security industry, was signed into law by the President on 12 July 2021.  The Act brings the regulation and licensing of security personnel assisting those enforcing court orders for evictions and repossessions within the remit of the Private Security Authority.

The following regulations relating to the private security industry have been introduced since 12 July 2021.

• Private Security Services (Amendment) Act 2021 (Commencement) Order 2021 (S.I. No. 379/2021)

• Private Security (Licensing and Standards) (Amendment) Regulations 2022 (S.I. No. 299/2022)

• Private Security (Security Guard Temporary Licence) Regulations 2022 (S.I. No. 573/2022)

• Private Security (Licensing and Qualifications) Regulations 2022 (S.I. No. 574/2022)

• Private Security Services (Amendment) Act 2021 (Commencement) Order 2023 (S.I. No. 139/2023)

• Private Security (Licensing and Standards) Regulations 2023 (S.I. No. 140/2023)

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