Written Answers Nos. 1061-1078
1061. Deputy Bernard J. Durkan asked the Minister for Justice further to Parliamentary Question Nos. 287 of 14 February 2013 and 110 of 29 January 2015, and the reply thereto in the matter of sexual assault/abuse committed against a person (details supplied), if the matter can be urgently investigated, with a view to the determination of progress in the case; and if he will make a statement on the matter. [16344/23]
View answerI refer the Deputy to my response to Parliamentary Question number 677 of 21 June 2022 where the Deputy was advised that this matter was fully investigated by An Garda Síochána, and that the Director of Public Prosecutions directed no prosecution.
1062. Deputy Pa Daly asked the Minister for Justice if the international protection office schedules interviews for applicants on weekends. [16350/23]
View answerThe International Protection Office (IPO) of my Department is responsible for examining all international protection applications received. IPO staff are independent by law in the exercise of their international protection functions.
Those who wish to apply for international protection can attend the IPO without an appointment during the hours of 9.00 a.m. to 2.30p.m, Monday to Friday. Applicants are also seen by appointment for interview during Monday-Friday from 9.00 a.m. - 8.00 p.m. and on Saturdays from 9 a.m.-5 p.m. These extended opening hours are designed to enable staff to process cases in the shortest time.
Over the last number of months, the IPO has implemented a number of measures to improve efficiencies and throughput, in tandem with reforms to the application, interview and decision-making process. On foot of these reforms there has been a progressive improvement in processing times, with median processing times in 2022 down to 10 months in Q4 from a norm of 22-26 months earlier in the year.
1063. Deputy Paul McAuliffe asked the Minister for Justice if there are policies in place in relation to the questioning of underage victims or witnesses to crime by gardaí; and if he will make a statement on the matter. [16358/23]
View answerI have sought the information requested by the Deputy from An Garda Síochána, and will contact him when this is to hand.
1064. Deputy Brendan Howlin asked the Minister for Justice if he will ensure that an original passport is returned to a person (details supplied) who submitted it as part of a visa application in respect of their father and which they now require urgently in order to travel for medical treatment; and if he will make a statement on the matter. [16364/23]
View answerI can advise the Deputy that the person referred to should contact the visa office directly quoting the visa application number to make a request that their passport be returned. The Visa Office can be contacted at:
travelrequest@justice.ie
The person concerned should advise how they wish the documents to be returned. The options available to them are:
1. By registered post to Ireland or UK. They should confirm the address in their correspondence with the visa office.
2. A courier company may collect, at the applicant’s expense. The address for courier pick up is below:
Immigration Service Delivery (ISD),
6/7 Hanover Street East
Dublin 2,
D02W320
Ireland
The courier company must provide the applicant's full name and visa transaction number when they attend for pick up.
There is no service currently for documents to be collected by applicant’s friends or family members at the Hanover Street office.
1065. Deputy Jim O'Callaghan asked the Minister for Justice how many decisions to grant citizenship were made in 2017 to 2023; and if he will make a statement on the matter. [16369/23]
View answerFor the period in question, 01 January 2017 – 31 March 2023, there were 63,936 decisions recorded of which 56,329 were approvals. The table below sets out the details requested.
|
Year |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
2023 |
Total |
|
Applications Approved |
7,642 |
8,624 |
8,764 |
4,615 |
10,491 |
14,246 |
1,947 |
56,329 |
To help improve the service, significant reforms have been introduced for customers to streamline the number of proofs required to establish their identity and residency as part of the application process. A new scorecard was introduced to help applicants to complete their applications. Since this initiative went live, a preliminary review of applications received indicates that the quality of the applications has markedly improved.
This builds on other innovative measures introduced in the application process, including the deployment of “Tara” the e-chat bot, as well as e-payments, e-tax clearance and Gardaí e-vetting, and the removal of the requirement to provide the original passport when making an application, all of which have positively enhanced the applicant's experience.
1066. Deputy Noel Grealish asked the Minister for Justice if a British passport holder, who is applying for naturalisation on the basis of marriage to an Irish national must supply their original passport when making the application for naturalisation or if certified copies of the original will suffice if the passport must be provided; if there is an approximate timeframe for when the passport will be returned to the applicant; and if he will make a statement on the matter. [16379/23]
View answerI am pleased to inform the Deputy that since the beginning of 2022 new applicants for citizenship no longer have to submit their original passport with their application. Instead, they can provide a full colour certified copy of their entire passport, including the front and back covers.
The median processing time for Citizenship applications now currently stands at 19 months. I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
It is appreciated that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.
Details on the qualifying criteria and application forms are available on the Immigration Services website at www.irishimmigration.ie/how-to-become-a-citizen/
1067. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [16433/23]
View answerThe citizenship applications of the persons referred to by the Deputy were approved and their Certificates of Naturalisation were issued on 11 April 2023.
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.
1068. Deputy Josepha Madigan asked the Minister for Justice for an update on the status of the Hammond Lane Family Courts Complex site; and if he will make a statement on the matter. [16434/23]
View answerReforming the operation of the family justice system to ensure that we have a more efficient and user-friendly family court system is a key continuing commitment in the Department's Justice Plan. The Programme for Government also contains a commitment to build a new Family Law Court building in Dublin.
The construction of a purpose-built Family Law Court complex at Hammond Lane is a key project in the National Development Plan and is being delivered as part of a PPP bundle.
The Hammond Lane complex will be built with the specific needs of family law users in mind and will provide a modern facility where family law cases can be held in a dignified, secure and non-threatening environment with a range of support services at hand. It will replace the present inadequate and fragmented facilities for family law in central Dublin at Dolphin House, Chancery Street, Phoenix House and in the Four Courts.
A Preliminary business case developed in compliance with the requirements of the Public Spending code was approved in principle in June 2022.
Detailed plans and layouts for the Hammond Lane building have been received from the OPW, which provide for a 5 storey over basement building, comprising 19 courtrooms, consultation rooms/spaces, staff and judicial accommodation, a variety of public waiting areas, space for mediation and domestic violence support services, accommodation for legal practitioners and custody facilities. Following receipt of the plans the Courts Service undertook a consultation exercise with stakeholders, during Q4 2022, during which in general the plans were very positively received.
The submission of the Part 9 planning application is the immediate priority for the Hammond Lane project, work on which is being undertaken on behalf of the Courts Service by the OPW. It is expected that the application will be submitted in the coming weeks and will be completed in advance of the tendering process.
In parallel to the Part 9 planning process, the NDFA has commenced preparations for a procurement process, including procurements for legal and technical advisors.
The procurement and construction stages of the project will be undertaken and managed by the NDFA and, in line with Government PPP procedures, it is anticipated that this key project will be delivered in the latter half of the current NDP.
1069. Deputy Bernard J. Durkan asked the Minister for Justice the current and or expected residency status of a person (details supplied) who recently applied to the undocumented scheme; when a decision is likely to issue; and if he will make a statement on the matter. [16459/23]
View answerThe application for the person referred to by the Deputy was received by the Undocumented Unit of my Department on 26 March 2022 and continues to be processed. Due to the large number of applications on hand it is not possible to provide a definitive timeframe for a decision to issue.
The processing times of applications will vary depending on the complexity of the application, whether it is a single or family application, the supporting documentation and the vetting process with An Garda Síochána (AGS). Applications where there is an existing deportation order will require additional processing.
Each application received is assessed individually in accordance with the published criteria, available on my Department's immigration website at: www.irishimmigration.ie/wp-content/uploads/2022/01/Undocumented-Policy-Scheme-January-2022.pdf.
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.
1071. Deputy Denis Naughten asked the Minister for Justice the number of staff within his Department who are based and working with the European Union in Brussels; their present roles and responsibilities; the posts and responsibilities presently vacant; the corresponding figures on 23 June 2016; and if he will make a statement on the matter. [16564/23]
View answerThe Justice and Home Affairs (JHA) team at Ireland’s Permanent Representation to the European Union in Brussels currently consists of seven officials from the Department of Justice made up of one Counsellor, four Attachés and two administrative staff. There are currently no vacancies in the JHA team.
The role of officials in the JHA team is to offer assistance to Ministers and other delegates during their visits to Brussels, and to advance Irish policy objectives and the Department’s mission in EU matters under the direction of the relevant Departmental experts.
Staff of the Permanent Representation participate in the various Council working groups dealing with Justice and Home Affairs issues, to support the Minister for Justice in attending and participating in EU Justice & Home Affairs Councils, and more generally to ensure good communication between the Department of Justice in Dublin and relevant contacts in the EU institutions and other EU Member States.
On 23 June 2016, the JHA team at Ireland’s Permanent Representation to the European Union in Brussels consisted of five officials from the Department of Justice, made up of one Counsellor, two Attachés and two administrative staff.
1072. Deputy Peadar Tóibín asked the Minister for Justice the number of whole-time and part-time prison chaplains working in each prison, in tabular form. [16578/23]
View answerI have been informed by the Irish Prison Service that as at 31 March 2023 the number of whole-time and part-time Prison Chaplains working in each prison across the IPS estate is as follows :
|
Location |
Whole-time Chaplains |
Part-time Chaplains |
|
Arbour Hill Prison |
1 |
0 |
|
Castlerea Prison |
1 |
1 |
|
Cloverhill Prison |
2 |
1 |
|
Cork Prison |
1 |
0 |
|
Mountjoy Female |
1 |
0 |
|
Limerick Prison |
1 |
0 |
|
Loughan House |
0 |
1 |
|
Midlands Prison |
3 |
0 |
|
Mountjoy Male |
4 |
0 |
|
Portlaoise Prison |
2 |
0 |
|
Wheatfield Prison |
2 |
1 |
|
Shelton Abbey |
0 |
1 |
|
Total |
18 |
5 |
1073. Deputy Peadar Tóibín asked the Minister for Justice the number of vacant chaplain posts in each prison, in tabular form; and if he will make a statement on the matter. [16579/23]
View answerThe Irish Prison Service continually monitors the staffing requirements and vacancies that arise as a result of multiple factors, including promotions and retirements. The Prison Service holds promotional competitions and recruits on an ongoing basis to fill vacancies at all levels of the Service as they arise.
The recruitment of Prison Chaplains into the Irish Prison Service is ongoing, and has regard to such factors as service needs and exit levels from the organisation.
In relation to the specific information sought by the Deputy, I have been informed by Prison Service officials that as at 31 March 2023 the number of vacant Prison Chaplain posts across the Irish Prison Service estate is as follows :
|
Location |
Number of Vacant Prison Chaplain Posts |
|
Arbour Hill Prison |
0 |
|
Castlerea Prison |
0 |
|
Cloverhill Prison |
0 |
|
Cork Prison |
0 |
|
Mountjoy Female |
0 |
|
Limerick Prison |
0.5 |
|
Loughan House |
0 |
|
Midlands Prison |
0 |
|
Mountjoy Male |
0 |
|
Portlaoise Prison |
0 |
|
Wheatfield Prison |
0 |
|
Shelton Abbey |
0 |
|
|
1 x Head Chaplain Post |
|
Total |
1.5 |
1074. Deputy Claire Kerrane asked the Minister for Justice if he will provide an update on the promised review of the civil legal aid scheme; and if he will make a statement on the matter. [16655/23]
View answerIn 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. This review will include consideration of eligibility limits.
Minister McEntee announced last year that a Review Group would be established and chaired by former Chief Justice Frank Clarke. The membership of the group is drawn from 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 is being 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.
Great credit is due to the Legal Aid Board, and to all the staff and legal practitioners involved in providing the Legal Aid Scheme since its inception, and the review underway will ensure its future development is positioned to meet the needs of contemporary Irish society.
1075. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the number of gardaí by rank attached to the Garda National Economic Crime Bureau as of 20 March 2023. [16680/23]
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 responsibility for the recruitment, training and distribution of Garda members. As Minister, I have no role in such matters.
I am however assured that Garda management keeps the distribution of resources under continual review. I am advised that this is considered in the context of crime trends and policing priorities, to ensure the optimum use of these resources.
I can also assure the Deputy that the Government is committed to ensuring An Garda Síochána has the resources it needs to deliver a modern, fit-for-purpose, policing service, with the unprecedented allocation provided in Budget 2023 of over €2.14 billion.
The Garda National Economic Crime Bureau investigates serious and complex economic crimes. The Bureau operates on a national basis and provides specialist support and guidance to national economic crime investigators.
I am informed by the Garda Authorities that the table below sets out the number of Gardaí by rank attached to the Garda National Economic Crime Bureau at 31 March 2023, the latest date for when figures are available.
|
Economic Crime Bureau |
CS |
SU |
IN |
SG |
GD |
Total |
|
Total |
1 |
2 |
1 |
20 |
75 |
99 |
This is an increase of 3, or approximately 3%, since 31 March 2022, when there were 96 members of all ranks attached to the Bureau.
Please note that this information is based upon operational data which has been provided by An Garda Síochána and may be liable to change.
1076. Deputy Jennifer Murnane O'Connor asked the Minister for Justice if he has plans to increase the penalties that apply to carriages for breaches of the Immigration Act (Carrier Liability) Regulations 2003; and if he will make a statement on the matter. [16681/23]
View answerSection 2(1) of the Immigration Act 2003 places obligations on carriers to ensure that passengers travelling to the State are in possession of a valid travel document that establishes the person’s identity and nationality, and that they have the appropriate visa if required.
In 2022, the GNIB issued 958 carrier liability fines. Each fine is €1,500, rising to €3,000 for each offence if it isn’t paid in 28 days. Approximately €1.1 million has been paid to An Garda Síochána to date for the year 2022. However, November 2022 and December 2022 claims are still being processed.
The question of the appropriate level of fines is kept under ongoing review.
In parallel, and in support of these obligations, Immigration Officials are actively engaging with airport authorities and airlines at a senior level to underscore the importance of passengers possessing correct documentation and to provide support in helping them to reduce the number of passengers boarding flights without the correct documentation.
The Border Management Unit and the GNIB are working closely with airlines on a range of measures to ensure that passengers have such documentation when boarding. Border Management Unit officials are available 24/7 to assist airlines with queries they have in relation to immigration matters.
1077. Deputy Jim O'Callaghan asked the Minister for Justice if he has any plans to put the Irish Prison Service on a statutory basis; and if he will make a statement on the matter. [16720/23]
View answerOn 28 June 2022 the Government gave approval to draft the General Scheme of a Bill to place the Irish Prison Service (IPS) on a full statutory footing with a non-executive Board, audit committee and other structures that align with best practice in the governance of State bodies. Drafting of the General Scheme is well advanced with a view to its submission to Government shortly.
The IPS is currently a non-statutory executive agency of the Department of Justice responsible for the secure custody, care and rehabilitation of offenders in each of Ireland’s 12 prisons. It has approximately 3,500 staff and a budget of over €420 million in 2023. The Programme for Government commits to a range of penal reform measures that require substantial and ongoing modernisation of prison services and practices. This includes an enhanced focus on rehabilitation and reducing recidivism, assisting prisoners with mental health, addiction and other personal difficulties, and upgrading the prison estate. At the same time, like other State agencies, the IPS must meet a growing and demanding variety of governance and performance obligations.
A full statutory footing for the IPS, with oversight and support from an expert board and committees, will strengthen its capacity to implement penal reform and maintain the highest standards of governance and performance.
The planned legislation will define the functions of the IPS in law, with these functions to include providing safe and secure custody, upholding human rights, and supporting the well-being and rehabilitation of prisoners with a focus on reducing post-release recidivism. Other statutory functions will include managing the prison estate and co-operating with other State actors in the interests of prisoner welfare and an efficient criminal justice system. The proposed legislation will also place the role of IPS Director General on a statutory footing with overall responsibility and accountability for managing the prison system and its human and financial resources within a policy framework set by the Government and the Minister.
1078. Deputy Patrick Costello asked the Minister for Justice if he will amend the Multi-Unit Developments Act 2011 to ensure that owners are limited to one vote regardless of the number of units they own to ensure individuals have an equal say to large corporate landlords who may own multiple units; and if he will make a statement on the matter. [16740/23]
View answerThe Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments and facilitating the fair, efficient and effective management of owners' management companies (OMCs).
The Programme for Government contains a commitment to conduct a review of the existing management company legislation, to ensure that it is fit for purpose and that it acts in the best interests of residents. This is referring to the Multi-Unit Developments Act 2011. It is not proposed to make any amendments to this legislation at this time, and until this review has been completed. The Deputy should note that the changes he has suggested would give rise to significant legal and potentially constitutional difficulties.
Well-functioning OMCs are key to maintaining and sustaining higher-density residential developments, such as apartments. Housing for All - a New Housing Plan for Ireland is the government’s housing plan to 2030. Housing for All will support effective management and oversight of multi-unit developments by legislating for necessary changes. In this regard, my Department will work in close co-operation with the Department of Housing, Local Government and Heritage.
To ensure that OMCs are financially sustainable, my Department, in collaboration with the Department of Housing, Local Government, and Heritage will make regulations under subsection 17 of section 18 of the Multi-Unit Developments Act 2011, prescribing the class or classes of items of expenditure which may be the subject of annual service charges; the procedures to be followed in setting such charges; matters to be taken into account in the setting of such charges; and arrangements for the levying and payment of such charges.
Regulations will also be made in collaboration with the Department of Housing, Local Government, and Heritage under subsection 9 of section 19 of the MUD Act to ensure that OMCs provide for expenditure of a non-recurring nature (i.e. sinking fund expenditure) and it will also examine the introduction of a non-statutory dispute resolution process. This process would determine disputes in relation to provisions of the MUD Act and in relation to covenants of head/main leases to which OMCs are party.
