Written Answers Nos. 971-988
971. Deputy Michael Ring asked the Minister for Justice the number of private security companies which have registered with the Private Security Authority; the total number of personnel registered; and if he will make a statement on the matter. [17198/23]
View answerAs the Deputy is aware, the Private Security Authority (PSA), 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 PSA regulates both contractors and employees across a range of sectors in the security industry.
I am informed by the PSA that at the end of March 2023 there were 1,443 contractors and 32,675 employees licensed to provide security services. Some contractors and employees hold licences in more than one sector and the number of sectoral licences in circulation is 1,756 for contractors and 40,576 for employees.
972. Deputy Michael Ring asked the Minister for Justice when he will make a decision on a position (details supplied) considering that the recruitment process has been completed; and if he will make a statement on the matter. [17235/23]
View answerUnder the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions.
The Courts Service Act 1998 sets out the nature of the relationship between the Courts Service and the County Registrar. The post of County Registrar is a statutory officer appointed by the Government, with a number of different roles, including under-sheriff and returning officer functions. When such posts become vacant, arrangements are made with the Courts Service and the Public Appointments Service to run an open recruitment competition to identify suitable persons for recommendation to Government for appointment.
Having enquired into the matter, I can confirm that a competition has been run through the Public Appointments Service to fill the vacancy referred to by the Deputy. This competition is now complete and the usual clearance procedures are ongoing.
975. Deputy Michael Collins asked the Minister for Justice his views on an immigration matter (details supplied). [17269/23]
View answerThe Border Management Unit (BMU) of my Department has responsibility for frontline immigration duties at Dublin Airport only. Other ports of entry are the responsibility of the Garda National Immigration Bureau (GNIB).
Persons who wish to enter the State under visitor conditions may be granted permission for a maximum period of up to 90 days on any one visit. Under the provisions of the Immigration Act 2004, persons who wish to remain in the State beyond a 90-day period must register for permission to do so. Where a person intends to visit the State on multiple occasions in a short space it may be in their interests to ensure that the immigration officer is informed on arrival of their travel plans.
Entry to the State is solely at the discretion of the Immigration Officer at the port of entry. The responsibility is on the arriving person to have all documentation relating to their reasons for entering Ireland available to the Immigration Officer to gain entry.
The Immigration Officer, subject to the Immigration Act 2004, may, depending on the circumstances of the case, refuse entry to the State or grant a lesser period than 90 days.
976. Deputy Michael McNamara asked the Minister for Justice the number of members of An Garda Síochána who were redeployed or retired from the Clare Garda division during 2021 and 2022; the number of members of An Garda Síochána that were assigned to the Clare Garda division for duty during both years; and if he will make a statement on the matter. [17275/23]
View answerAs the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of the Garda organisation under the Garda Síochána Act 2005 (as amended). This includes the allocation of resources and deployment of Garda members throughout the State. As Minister, I have no role in these independent functions.
However, I am informed by the Garda authorities that the table below sets out the number of Garda members assigned to Clare Division at end December 2020 up to end December 2022 and at 31 March 2023, the latest date for which figures are available.
|
Clare division |
2020 |
2021 |
2022 |
March 2023 |
|
Total |
314 |
313 |
306 |
305 |
I am further informed by the Garda authorities that the below table outlines the number of Garda members who were redeployed or retired from the Clare Garda division during 2021 and 2022.
|
Clare division |
2021 |
2022 |
|
Redeployed |
12 |
18 |
|
Retired |
<10 * |
11 |
* Figures less than 10 are not provided by An Garda Síochána for data protection reasons.
The below table, also provided by the Garda authorities, outlines the number of newly attested Gardaí allocated to the Clare Division since the recommencement of recruitment to date.
|
Clare Division |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
Total |
|
Total |
10 |
5 |
10 |
15 |
0 |
6 |
3 |
2 |
51 |
I am advised by the Garda authorities that to ensure the continued level of delivery of policing services within Garda Divisions, local and Senior Garda Management are consulted in relation to the allocation of personnel and are responsible for the specific deployment/assignment of duties undertaken at Divisional level.
I am assured that the delivery of policing services is 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.
For the Deputy's information, detailed statistics on Garda numbers are published on gov.ie and are updated regularly by my Department from information provided by An Garda Síochána. The statistics can be accessed using the following link:
www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/
977. Deputy Alan Farrell asked the Minister for Justice if his Department has a current estimate of the wealth of the IRA terrorist organisation; and if he will make a statement on the matter. [17277/23]
View answerThe Deputy will appreciate that the dissident paramilitary groups which continue in their efforts to undermine peace on our island will, by their very nature, operate behind a veil of secrecy and it is therefore not possible to provide an accurate estimate of their wealth at any time.
It is however long recognised that there are inextricable links between organised crime and terrorist organisations. In this regard, I would note that a previous assessment undertaken in 2015 recorded that since the establishment of the Criminal Assets Bureau in 1996, a total of €28 million had been remitted to the Irish Exchequer arising from actions and assessments in respect of over fifty individuals who have had connections or associations to PIRA in the past.
978. Deputy Éamon Ó Cuív asked the Minister for Justice the circumstances under which a person under 18 years of age born in Ireland to non-Irish, EU citizen parents can become an Irish Citizen; whether he intends extending this right to all such persons who have lived in the State for four of the last five years, irrespective of where the parents lived in Ireland for 36 months of the 48 months before the persons birth; and if he will make a statement on the matter. [17298/23]
View answerThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria for naturalisation can only be made after an application is received.
Section 6A of the 1956 Act also provides details on the criteria for naturalisation that applies to a child born to parents who were legally resident in the State at the time of their birth. If the minor was born in the State after 1 January 2005, and was not entitled to Irish citizenship at the time of birth, but has since accumulated five years’ reckonable residence they are eligible for citizenship and should use Form 11 when making an application. However, minors cannot apply for naturalisation in their own right. The application must be made by their parent, legal guardian or person acting on the child's behalf "in loco parentis".
It is my intention that the forthcoming Courts and Civil Law (Miscellaneous Provisions) Bill will reduce the residency requirements for naturalisation for children born in the State from 5 years to 3 years and will also set out clear procedures that will apply to citizenship applications relating to children.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/ .
979. Deputy Sean Fleming asked the Minister for Justice to outline the situation in relation to retired prison officers and the situation regarding abatement of pension if they take up subsequent employment (details supplied); and if he will make a statement on the matter. [17311/23]
View answerI have been advised by the Irish Prison Service that, as provided for in legislation and Department of Public Expenditure and Reform circulars, abatement shall apply where a public service pensioner is re-appointed to the public service.
Abatement ensures that the pension(s) which the public service pensioner, including retired prison officers, receives, when combined with the new/current remuneration (including pensionable and non-pensionable emoluments and allowances), does not exceed the “Relevant Former Pensionable Remuneration” they would have received had they continued to serve in their “Relevant Former Pensionable Position”. Abatement applies to the public service pension and not the salary in the new employment.
All public service pensions in payment to an individual are subject to abatement. Each pension is assessed separately against the “Relevant Former Pensionable Remuneration” on which the “Relevant Pension” has been calculated.
980. Deputy Richard Bruton asked the Minister for Justice if he is aware of the growing use of fast gas as a drug within communities; and whether her Department and the gardaí have a strategy to address it. [17333/23]
View answer987. Deputy John Lahart asked the Minister for Justice the legal status of nitrous oxide; and if he will make a statement on the matter. [17415/23]
View answer988. Deputy John Lahart asked the Minister for Justice what plans she has on the regulation and control of nitrous oxide; and if he will make a statement on the matter. [17416/23]
View answerI propose to take Questions Nos. 980, 987 and 988 together.
As the Deputy will be aware, the Department of Health leads on Government policy in the area of drugs, and this policy is guided by the national drugs and alcohol strategy 'Reducing Harm, Supporting Recovery - a health led response to drug and alcohol use in Ireland 2017-2025'. This strategy represents a whole-of-Government response to this problem area in Ireland.
I can assure the Deputy that An Garda Síochána are aware of the issues surrounding misuse of nitrous oxide. I am assured by the Commissioner that Garda operations will continue to ensure the law with regard to the misuse of Nitrous Oxide and other drugs is upheld. I also know that the HSE is committed to increasing awareness of the health risks associated with substance misuse, including nitrous oxide, among young people, parents and youth organisations.
Revenue's Customs Officers are responsible for monitoring and seizing importations of nitrous oxide into the State. The Deputy will also be aware that the Garda Commissioner is by law responsible for all enforcement operations by An Garda Síochána. As Minister, I have no role in such matters.
Nitrous oxide has various legitimate uses; medical, non-medical and industrial and, because of this, it is not a controlled drug under the Misuse of Drugs Acts or under the International Drug Conventions. However, under section 3 of the Criminal Justice (Psychoactive Substances) Act 2010, it is already an offence to sell, import or export a psychoactive substance for human consumption, including nitrous oxide.
The purpose of the Criminal Justice (Psychoactive Substances) Act 2010 includes the prevention of the misuse of dangerous or otherwise harmful psychoactive substances and the provision of offences relating to the sale, importation, exportation or advertisement of those substances. For example, the Act provides that a person who sells, or who imports or exports, a psychoactive substance knowing, or being reckless as to whether, that substance is being acquired or supplied for human consumption, shall be guilty of an offence. This Act does not provide for an offence for personal possession.
A person who is guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 12 months, or both. On conviction on indictment, a person who is guilty is liable to a fine or imprisonment for a term not exceeding 5 years or both.
I have also been informed by Garda authorities that a number of significant seizures of canisters containing nitrous oxide have been made in recent years, however data on this is not available at this time.
I am informed that quantitative data cannot be supplied and that An Garda Síochána continue to liaise with Forensic Science Ireland with regards to forensic analysis of nitrous oxide.
An Garda Síochána continues to target those involved in the sale and supply of illegal drugs through Operation Tara, which has a strong focus on tackling street-level dealing across the country.
Operation Tara also focuses on disrupting and dismantling the drug trafficking networks that impact on our communities and prosecuting those involved, at every level.
I understand that Gardaí recently seized 2,000 canisters of nitrous oxide, along with €2.8 million in cocaine and charged four people under Operation Tara in Dublin.
981. Deputy Carol Nolan asked the Minister for Justice if he will confirm whether he or his Department have engaged with Frontex or Europol regarding the operational data collected by Frontex which has identified numerous non-governmental organisations as part of its anti-smuggling operation with Europol; if he is aware of any NGO identified by Frontex or Europol that is funded by his Department; and if he will make a statement on the matter. [17345/23]
View answerI can advise the Deputy that Ireland is not a member of Frontex. As an EU Member State, Ireland is invited to participate at the Frontex Management Board in a non-voting capacity and can, should it wish to do so, seek to participate in certain training and joint operations co-ordinated by Frontex on behalf of EU Member States. Ireland is a member of Europol, the European Union Agency of Law Enforcement Cooperation.
Frontex facilitates training across Frontex member states and Ireland participates in areas such as the use of IT systems, escort leaders in return operations, escort officers in return operations and detection of false documents. Ireland is not involved directly in Frontex land/sea operations.
I am informed that my Department has not engaged with Frontex or Europol in relation to the operational data referenced by the Deputy.
982. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application by a person (details supplied) for citizenship, which is pending since 2017; and if he will make a statement on the matter. [17348/23]
View answerI am advised by the Citizenship Division of my Department that correspondence dated 17 April 2023 has issued directly to the person referred to by the Deputy, regarding their application for Naturalisation.
I am deeply conscious of how important the granting of naturalisation is to those who apply for it. 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.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
983. Deputy Aodhán Ó Ríordáin asked the Minister for Justice if he is aware that many Bolivian citizens travelling to Ireland to commence English language studies are being denied boarding their flight to Dublin, with airlines reporting that they are acting on instructions from the Irish immigration authorities; and if he will make a statement on the matter. [17349/23]
View answerThe Border Management Unit (BMU) of my Department has responsibility for frontline immigration duties at Dublin Airport only. Other ports of entry are the responsibility of the Garda National Immigration Bureau (GNIB).
The Border Management Unit and the GNIB work closely with airlines on a range of measures to ensure that passengers possess correct documentation when boarding flights abroad. Border Management Unit officials are available 24/7 to assist airlines with queries they have in relation to immigration matters.
I can confirm that on occasion an airline may contact the BMU to seek advice regarding the admissibility of a passenger, regardless of their nationality, seeking to enter the State. There is also general information available in the public domain and on request as to standard entry requirements for various purposes. While the BMU will provide guidance on whether a passenger is likely to be admitted to the State, the final decision to board a passenger is a decision of that carrier, and there is no requirement that a carrier contact the Irish authorities before coming to such a decision.
Bolivian nationals are not visa required and may seek to enter the State without obtaining an Irish entry visa. All Non EEA Students wishing to study in the state are required to show a letter from the college/school, confirming their enrolment as a student on a full time education course on the interim list of eligible programmes ( ILEP) or an English language course. In addition they should provide proof they have paid college/school fees, private medical or travel insurance valid for 12 months, or if less than 12 months, for the duration of their stay. Non Visa required nationals must also prove that they can support themselves financially after they arrive here.
984. Deputy Bernard J. Durkan asked the Minister for Justice if he will review the refusal of an application for citizenship in the name of a person (details supplied); if they are now excluded from future applications from citizenship, given the reason for refusal; the extent to which their record will prevent a successful application for citizenship in future years, given the efforts made in recent years; and if he will make a statement on the matter. [17393/23]
View answerThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed in line with the eligibility criteria as set out under the Irish Naturalisation and Citizenship Act 1956, as amended. Each application is assessed individually in accordance with the provisions of the Act.
I am advised by Citizenship division of Immigration Service Delivery (ISD) that the decision remains as stated in a letter dated 15 March 2023. Unfortunately, there is no appeal of the refusal of a certificate of naturalisation provided for under the Irish Naturalisation and Citizenship Act 1956, as amended.
However, it is open to applicant referred to by the Deputy to make a further application for the grant of a certificate of naturalisation. In submitting any new application the applicant should be mindful of the reasons for refusal of their previous application.
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/ .
985. Deputy Bernard J. Durkan asked the Minister for Justice if leave to remain will be considered in the case of a person (details supplied); and if he will make a statement on the matter. [17395/23]
View answerThe person referred to by the Deputy holds a Stamp 1G immigration permission until 20 December 2023.
A Stamp 1G indicates that a person has permission to look for employment in the State under the Third Level Graduate Programme. When an applicant has completed their studies in Ireland and gained an award at Level 8 on the National Framework of Qualifications (NFQ) or above, that person may qualify for a Stamp 1G for 12 months.
Where an individual receives an award at Level 9 NFQ, they may qualify for a Stamp 1G for up to 24 months subject to the overall limit of 8 years on student conditions that applies. Graduates at level 9 NFQ or above who qualify for a Stamp 1G permission will be granted the permission for 12 months initially, further details are available on my Department's website at www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/third-level-graduate-programme/ .
It is open to a prospective employer to make an application for an employment permit on behalf of a Stamp 1G graduate, and where the employment permit is granted they can register the permit at their local registration office where they will be issued with a Stamp 1 immigration permission.
Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the email service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
986. Deputy John Lahart asked the Minister for Justice what rules govern the retention of drone footage; and if he will make a statement on the matter. [17414/23]
View answerThe retention of drone footage, where it includes personal data, is governed by the General Data Protection Regulation (EU) 2016/679.
The Data Protection Commission has published helpful guidance on drone use which can be found at the following web address: www.dataprotection.ie/en/dpc-guidance/guidance-on-the-use-of-drones
