Written Answers Nos. 434-448
434. Deputy Carol Nolan asked the Minister for Justice the number of asylum applications for 2016 to 2022 where it has become apparent that the applicant has destroyed their travel or identity documents on arrival in Ireland; if, as a matter of Irish or international law, the destruction of travel or identity documents is a ground on which an application may be refused; and if he will make a statement on the matter. [21200/23]
View answerThe State is required to examine the application of anyone who presents at the borders of the State, or is in the State, and indicates that they wish to make an application for international protection. This is in accordance with our obligations under international and EU asylum law and the Government takes those commitments very seriously.
My Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times. The International Protection Office (IPO) of my Department is responsible for examining all international protection applications received. The staff of the IPO are independent by law in the exercise of their international protection functions.
The establishment of an applicant’s identity and nationality is an important feature of every immigration process and this is especially so in the context of persons who enter the Irish State for the purposes of making a claim for international protection. Each application for international protection is examined in detail on its individual merits, taking all factors into account.
At the commencement of the international protection process, each applicant has their fingerprints checked against the Eurodac system which allows officials to establish if the applicant has previously applied for international protection in another Member State.
In terms of establishing an international protection applicant’s identity and nationality, the primary onus is on the relevant applicant to provide documentary evidence to attest to their identity and nationality. This would ordinarily take the form of biometric documentation which can be independently verified
Where an international protection applicant claims to not hold identity-related documentation, the process of establishing their identity and nationality can be more difficult. In such circumstances, the best available alternative documentation may have to be accepted as evidence of the person’s identity and nationality.
I can also advise the Deputy that where a person receives a declaration of refugee status or a subsidiary protection declaration on the basis of what is ultimately found to be false or misleading information, section 52 of the International Protection Act 2015 contains a provision under which any such status granted can be revoked, following due process.
The International Protection Office (IPO) does not collate statistics relating to applications for international protection based on whether such applicants were refused leave to land, or whether a person had valid documentation upon arrival at a port of entry.
However, to be of assistance to the Deputy, I have sought information from the Border Management Unit of my Department on the number of persons that have arrived at Dublin Airport seeking asylum without the necessary travel documents.
|
Year |
Number of Undocumented Arrivals Dublin Airport |
|
Q4 - 2020* |
712 |
|
2021 |
2,082 |
|
2022 |
4,968 |
*Data for previous years in not available. Data recording was modified during 2020 to distinguish the cohort of arrivals arriving undocumented from the total number refused leave to land.
Immigration Officials in my Department 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. The Department have engaged with 19 separate airlines to date. Border Management Unit officials are available 24/7 to assist airlines with queries they have in relation to immigration matters.
These measures have had an effect and figures for Q1 2023 show a reduction in the number of passengers arriving without documents.
435. Deputy Carol Nolan asked the Minister for Justice the total number of complaints made to the Data Protection Commission in each year from 2016 to date that related to the right to be forgotten under Article 17 of the GDPR; the number of such cases in each year in which the DPC ruled in favour of the data subject; and if he will make a statement on the matter. [21203/23]
View answerThe Government is very conscious of the commitment to deliver effective data protection regulation and protection of the data privacy rights of EU citizens, which is critical to the development and growth of our digital economy. My Department’s role is to ensure that the Data Protection Commission, which is independent in its functions, continues to have the resources required to fulfil its important, statutory obligations.
While the Data Protection Commission is completely independent in the performance of its tasks and the exercise of its powers, I have made enquiries and the table below outlines the total number of complaints, and outcomes, made to the Data Protection Commission from 2016 to date which related to the right to be forgotten under Article 17 of the GDPR.
|
Open/ongoing |
51 |
|
Amicably resolved |
89 |
|
Requested Info not received or withdrawn by data subject |
105 |
|
Sent to other supervisory authority as DPC not competent/appropriate authority to handle |
82 |
|
Complaint concluded via outcome |
32 |
|
Advice given to data subject prior to formal complaint handling |
15 |
|
Total |
374 |
These figures relate to Right to be Forgotten or Erasure requests to the large search providers Google LLC, Microsoft (Bing), and Yahoo EMEA. The figures for “amicably resolved” and “complaint concluded via outcome” which total 121 cases represent an outcome issued or a complaint which concluded via the amicable resolution process. It is not possible to differentiate for cases “in favour of the data subject” as the DPC does not record case outcomes in this manner.
436. Deputy Carol Nolan asked the Minister for Justice the number of Ukrainian refugees who have been welcomed to Ireland to date; the breakdown of the number which originated from each of Ukraine's 27 regions; and if he will make a statement on the matter. [21205/23]
View answerI can advise the Deputy that Temporary Protection in Ireland applies to the following groups of people who have had to flee Ukraine due to the invasion by Russia:
1. Ukrainian nationals who were residing in Ukraine before 24 February 2022;
2. Nationals of a third country (other than Ukraine) or a stateless person who would have benefited from international protection (for example: Refugee status) or an equivalent national protection status in Ukraine and were residing there before 24 February 2022;
3. Family members of persons covered by a) and b), where their family already existed in Ukraine, prior to 24 February.
Family members include a spouse or partner, unmarried minor children of either of them, and their other close dependent family relatives who have been living with them as part of the family unit before 24 February 2022.
As of close of business on the 7 May 2023 a total of 80,219 people have been granted temporary protection in Ireland, since the war in Ukraine began in February 2022.
My Department does not hold the information requested by the Deputy in relation to the breakdown of the regions of Ukraine that those arriving to claim Temporary Protection have travelled from.
437. Deputy Carol Nolan asked the Minister for Justice if he will list all appointments to the boards of the Irish Film Classification Office and the Classification of Films Appeal Board from 1 January 2011 to date; when vacancies are next due to arise on both boards; and if he will make a statement on the matter. [21206/23]
View answerThe Irish Film Classification Office (IFCO) is a statutory body, first established in 1923 pursuant to the Censorship of Films Act 1923, as amended, which has responsibility for the classification of film and video works.
I wish to advise the Deputy that the Irish Film Classification Office does not have a board. The Censorship of Films Act, 1923, as amended, provides for the appointment of a Director of Film Classification.
The Director of Film Classification is independent in the exercise of their functions. However, a person may appeal a decision of the Director of Film Classification to the Classification of Films Appeal Board. The decisions of the Appeal Board are final.
Appointments to the Classification of Films Appeal Board are governed by the Censorship of Films Act, 1923, as amended.
The information requested by the Deputy is provided in the table below.
|
Board Member |
Date Appointed |
Date Re-appointed |
Date of End of Appointment |
|
Ms. Ciara Daly |
06/01/2023 |
- |
05/01/2028 |
|
Mr. Barry Nevin |
06/01/2023 |
- |
05/01/2028 |
|
Ms. Lisa Quinn |
06/01/2023 |
- |
05/01/2028 |
|
Ms. Margaret Taylor (Chair) |
07/12/2015 |
07/12/2020 |
06/12/2025 |
|
Ms. Amy Rowan |
07/12/2015 |
07/12/2020 |
06/12/2025 |
|
Ms. Isabel Charleton |
07/12/2015 |
07/12/2020 |
06/12/2025 |
|
Dr. Ken Fennelly |
07/12/2015 |
07/12/2020 |
06/12/2025 |
|
Dr. Sean Crossan |
07/12/2015 |
07/12/2020 |
06/12/2025 |
|
Mr. Ultan Murphy |
07/12/2015 |
07/12/2020 |
06/12/2025 |
|
Dr. Andrew Power |
07/12/2015 |
n/a |
06/12/2020 |
|
Dr. Niamh McCole |
07/12/2015 |
n/a |
01/04/2017 |
|
Ms. Molly Buckley |
07/12/2015 |
n/a |
10/11/2016 |
|
Mr. Paul O Higgins (Chair) |
21/04/2008 |
- |
21/04/2013 |
|
Ms. Caroline Erskine |
21/04/2008 |
- |
21/04/2013 |
|
Mr. Loughlin Deegan |
21/04/2008 |
- |
21/04/2013 |
|
Ms. Barbara Farragher |
21/04/2008 |
- |
21/04/2013 |
|
Ms. Niamh Stephenson |
21/04/2008 |
- |
21/04/2013 |
|
Mr. Malcolm Byrne |
21/04/2008 |
- |
21/04/2013 |
|
Fr. Damian McNiece |
29/04/2008 |
- |
29/04/2013 |
|
Mr. Kevin Myers |
21/04/2008 |
- |
21/04/2013 |
|
Reverend Canon David Pierpoint |
21/04/2008 |
- |
21/04/2013 |
Details of current members of the Classification of Films Appeal Board are published on Stateboards.ie at: membership.stateboards.ie/en/board/Classification%20of%20Films%20Appeal%20Board/.
438. Deputy Carol Nolan asked the Minister for Justice the reason the director of the Irish Film Classification Office has been appointed on an acting basis for much of the past decade; and if he will make a statement on the matter. [21207/23]
View answerI am pleased to inform the Deputy that on March 6, 2023, Dr. Ciarán Kissane was appointed as the new Director of Film Classification in the Irish Film Classification Office (IFCO). Dr. Kissane’s appointment followed an open competition run by the Public Appointments Service.
Dr Kissane replaces Mr George Sinclair who was appointed in an acting capacity as Director of IFCO from February 4, 2022 until March 5, 2023 following the cessation of the previous Director, Mr. Gerard Connolly's term, and pending the conclusion of the Public Appointments Service open competition.
Mr Gerard Connolly had earlier been acting Director from December 2009 to May 2016, at which point he was made Director of IFCO. This was due to the general restrictions on recruitment as part of the Government's measures to manage the public finances at that time.
439. Deputy Darren O'Rourke asked the Minister for Justice the estimated full-year cost of increasing the training allowance of Garda recruits to €205 per week. [21285/23]
View answerAs the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the general management and administration of the Garda organisation, including all human resource matters and recruitment. As Minister, I have no direct role in these matters.
To be of assistance I sought the information requested by the Deputy from An Garda Síochána. I have been informed that an increase in the training allowance of Garda recruits to €205 over the 33 week training period would result in an increase of €754.05 per recruit. Further detail is provided in the below tables.
The current weekly cost of one Garda recruit is
|
Current Basic Pay |
€184.00 |
|
Employers PRSI |
€16.45 |
|
Total Cost per week |
€200.45 |
|
Total cost for 33 weeks |
€6,614.85 |
If weekly allowance for one Garda recruit was increased to €205
|
Revised Basic Pay |
€205.00 |
|
Employers PRSI |
€18.30 |
|
Total Cost per week |
€223.30 |
|
Total cost for 33 weeks |
€7,368.90 |
440. Deputy Darren O'Rourke asked the Minister for Justice the number of Garda cars and vans attached to the Garda dog unit as of 2 May 2023; and if he will provide the corresponding figures as of 31 January 2021, in tabular form. [21286/23]
View answerI 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.
441. Deputy Darren O'Rourke asked the Minister for Justice the number of civilian WTE staff, by grade, working in the Garda National Economic Crime Bureau in 2021, 2022 and to date in 2023, in tabular form; and if this number will be further increased. [21287/23]
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 for the recruitment, training and allocation of Garda members and staff to a given unit. As Minister, I have no role in such matters.
The below table indicates the number of civilian WTE staff, by grade, working in the Garda National Economic Crime Bureau (GNECB) at 31/12/2021.
|
Section/Area |
Other |
PO |
AP |
AO |
HEO |
EO |
CO |
Totals |
|
Economic Crime Bureau |
1.0 |
5.0 |
11.0 |
17.0 |
||||
|
Accountant - Grade II |
4.8 |
4.8 |
Below are the figures for 31/12/2022:
|
Section/Area |
Other |
PO |
AP |
AO |
HEO |
EO |
CO |
Totals |
|
Economic Crime Bureau |
1.0 |
2.0 |
10.00 |
13.0 |
||||
|
Accountant - Grade II |
4.8 |
4.8 |
Below are the figures as of 31/03/2023.
|
Section/Area |
Other |
PO |
AP |
AO |
HEO |
EO |
CO |
Totals |
|
Economic Crime Bureau |
1.0 |
2.00 |
9.00 |
12.00 |
||||
|
Accountant - Grade II |
3.0 |
3.00 |
||||||
|
Forensic Accountant - Grade II |
1.0 |
1.00 |
Whole Time Equivalent (WTE) numbers are provided to indicate that Garda Staff work on a number of different work-sharing patterns of varying hours. The WTE number reflects the number of whole time staff required to work the number of hours provided by the staff actually employed.
To be of assistance, I can also inform the Deputy that there has been a just over 35% increase in Garda members allocated to GNECB since the end of 2020, up from 73 to 99 at the end of March 2023.
442. Deputy Mary Lou McDonald asked the Minister for Justice if the Programme for Government commitment to introduce domestic homicide reviews legislation can be delivered as he has yet to publish the study on familicide and domestic homicide reviews submitted to him in the summer of 2022; and if he remains committed to the zero-tolerance policy as set out in the Third Strategy on Domestic, Sexual and Gender-Based Violence. [21323/23]
View answerAs the Deputy is aware, an independent study was commissioned by my Department into familicide and domestic homicide reviews.
This independent research involved consultations with a wide range of stakeholders, including family members of victims, state agencies and non-governmental organisations, with a view to making recommendations to improve the State's response to familicide and domestic homicide.
Given the sensitivities involved, it also required the study lead to pay particular attention to the fair procedures part of the process which involved allowing any person or organisation who might be affected by the contents of the draft report (including the families concerned) to be given an opportunity to reply to the contents of the report.
The Deputy will appreciate that, due to the gravity of the subject matter and the impact on victims' families, thorough examination of the report is necessary before publication.
I will be meeting with the victims’ families shortly and my intention is to bring the report to Government as soon as possible thereafter.
I can assure the Deputy that tackling domestic, sexual, and gender based violence, and providing supports for victims is a priority for me as Minister for Justice.
I am deeply committed to delivering on the goal of our Zero Tolerance Strategy, namely a society that does not accept any form of domestic, sexual or gender based violence or the attitudes which underpin it. The Strategy is an ambitious, five-year, whole-of-Government programme of reform and its publication was accompanied by a detailed implementation plan containing 144 actions which will take us to the end of this year.
Work is advancing in a number of areas, across my Department and others, to progress the various actions under the Strategy. In addition, at the end of February, I secured Government approval for the drafting of legislation to set up the new DSGBV agency which will be tasked with ensuring the delivery of excellent services to victims of DSGBV and with driving and coordinating the implementation of the Zero Tolerance Strategy across Government. This new agency will bring the dedicated and expert focus that is needed to tackle this serious and complex societal issue.
443. Deputy Mary Lou McDonald asked the Minister for Justice further to Parliamentary Question No. 1099 of 21 March 2023, when he will introduce the second stage of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022; and the interim measures he will take to ensure that the State is meeting its international legal obligations to children as it has still not ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. [21354/23]
View answerThe Government is firmly committed to ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child.
In consultation with the Office of the Attorney General, several legislative measures have been implemented which were necessary to ensure that Ireland is in compliance with the obligations of the Optional Protocol. Enactment of the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017 were significant steps on the pathway to the ratification of the Optional Protocol.
Further smaller legislative amendments relating to the extra-territorial jurisdiction requirements under Article 3.1 will ensure that the State is in compliance with certain outstanding aspects of the Protocol. These amendments have been included in the General Scheme of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022, which underwent pre-legislative scrutiny in December. The Report on Pre-Legislative Scrutiny by the Oireachtas Joint Committee on Justice was published on 8 March and can be found at www.oireachtas.ie/en/committees/33/justice/.
The Report is being reviewed by my Department and all recommendations therein are being carefully considered.
In line with Justice Plan 2023, I am committed to publishing the Criminal Law (Sexual Offences and Human Trafficking) Bill 2022 by the end of Q2, after which time a date will be sought for the Bill to be debated by the Oireachtas. Once enacted, the State should be in a position to ratify the Second Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
444. Deputy Matt Shanahan asked the Minister for Justice if the legal assessment of economic models has been completed with respect to a report (details supplied) into insurance reform; and if he will make a statement on the matter. [21387/23]
View answer445. Deputy Matt Shanahan asked the Minister for Justice if he will confirm when an independent report (details supplied) into insurance reform will be published; and if he will make a statement on the matter. [21388/23]
View answerI propose to take Questions Nos. 444 and 445 together.
I wish to advise the Deputy that the Government is committed to facilitating easier, speedier access to justice for businesses and individuals, and part of this involves addressing the issue of costs associated with accessing the legal system.
The Report of the Review of the Administration of Civil Justice (known as the Peter Kelly Report) made over 90 recommendations, which, when implemented, will represent the most significant reform to civil law in the history of the State. One area on which the Kelly Review Group was not able to reach consensus was on the primary measures necessary to reduce legal costs in Ireland. Two options were put forward: the first a set of non-binding guidelines; the second a table of maximum costs, to be set by an independent committee.
Arising from the Review report, Minister McEntee published the Civil Justice Efficiencies and Reform Measures plan in May 2022. The plan sets out how we will achieve these ambitious reforms, with the goal of facilitating easier, cheaper and quicker access to civil justice. The plan identifies a number of measures which have the aim of reducing legal costs, recognising that no one singular action will have the effect of sufficiently addressing the issue on its own.
One action in the Plan is to undertake research on the two primary options put forward by the Review Group. To this end, my Department commissioned economic consultants to evaluate these two options, as well as identifying other potential options which may serve the same policy objective. This work is at an advanced stage.
446. Deputy Darren O'Rourke asked the Minister for Justice the measures that are being taking to remove the bureaucracy associated with background checks/Garda clearance for Irish health service staff returning from an extended period abroad. [21413/23]
View answerThe Deputy will be aware that the primary purpose of the employment vetting carried out by the National Vetting Bureau is to ensure the safety of children and vulnerable adults. I am sure the Deputy will appreciate the importance of this task and the need for it to be carried out thoroughly and correctly.
Vetting is carried out by An Garda Síochána in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 - 2016. As Minister, I have no role in such matters.
I am advised by An Garda Síochána that there are currently no backlogs or delays in Garda vetting. I am also advised that 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.
As the Deputy may be aware, 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 multipurpose 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 on arrangements for Garda Vetting in the context of the introduction of a statutory re-vetting regime by the end of Q2.
447. Deputy Sean Fleming asked the Minister for Justice if he will reply to correspondence (details supplied); and if he will make a statement on the matter. [21505/23]
View answerI can advise the Deputy, 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 in this consultative committee process.
It was fully expected the Committee Members would present their views and engage in robust discussions while formulating their recommendations. Readers of the report will see that not all of the Committee’s recommendations were made unanimously, nor was it expected that this would be the case.
The FEC's recommendations represent the expert views of the Committee’s Members within that process. I am informed that one Committee Member informed the Chair that he was withdrawing his support for the report's contents after the report had been submitted to me.
The Deputy may be aware 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.
Alongside the FEC’s reports, in order to ensure transparency in this process, I also published the minutes of each of the FEC's meetings in line with previous commitments to stakeholders.
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.
I can inform the Deputy, that on the 5 May, 2023, I launched the FEC consultation online on Gov.ie. This will ensure that stakeholder organisations, and their members, can engage fully in this consultation process. I would encourage as many people and organisations as possible to engage with this process to make their views known. I have also sought written submissions on the recommendations of the FEC from a range of stakeholder organisations, including the one referred to by the Deputy, and intend to meet with such groups having received their written submissions and following the conclusion of the wider public consultation.
448. Deputy Pa Daly asked the Minister for Justice his position on the reinstatement of criminal legal aid fees to pre-2008 levels. [21640/23]
View answerThe courts, through the judiciary, are responsible for the granting of legal aid in criminal cases. The Department of Justice administers the Scheme and is responsible for making payments under the Scheme.
The issue of Criminal Legal Aid fees is, I understand, being considered by the Department of Public Expenditure, NDP Delivery and Reform, as the Department with responsibility for any restoration of barrister fees arising from the FEMPI cuts.
The Department recognises the important role played by barristers in undertaking criminal legal aid work. This Department supports the reversal of FEMPI cuts for those in the legal profession in line with action taken to restore the pay of public and civil servants impacted by the FEMPI cuts, and continues to engage with the Department of Public Expenditure, NDP Delivery and Reform in relation to fees paid under criminal legal aid.
State Solicitors who are engaged by the DPP to work on criminal prosecutions have had a process of pay restoration implemented since 2017 by the Department of Public Expenditure, NDP Delivery and Reform.
