Wednesday, 31 May 2023

Written Answers Nos. 101-120

Visa Applications

Questions (101)

Pádraig O'Sullivan

Question:

101. Deputy Pádraig O'Sullivan asked the Minister for Justice when a decision will be made on a visa application for a person (details supplied); and if he will make a statement on the matter. [26481/23]

Written answers

Minister for Justice (Deputy Helen McEntee)

I can advise the Deputy that the visa application referred to was created on 24 April 2023. Supporting documentation was received in the New Delhi office on 1 May 2023, where the application awaits examination and processing.

It is not possible to give a definitive date as to when this application will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available.

The applicant will be notified as soon as a decision has been reached by a Visa Officer.

Processing times and decisions at the Overseas Visa Offices can be checked at the following link:

www.irishimmigration.ie/visa-decisions/#decisions.

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. There 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 email using the Oireachtas Mail facility at ([e-mail]), 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.

Citizenship Applications

Questions (102)

Paul McAuliffe

Question:

102. Deputy Paul McAuliffe asked the Minister for Justice if he will provide an update on the citizenship application of a person (details supplied) who applied in July 2021, and is therefore beyond the average processing time. [26483/23]

Written answers

Minister for Justice (Deputy Helen McEntee)

The naturalisation application from the person referred to by the Deputy continues to be processed by my Department, with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation

The Citizenship Division have advised me that an invitation for the eVetting process was issued to the applicant last week.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

The median processing time for 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 recognised 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 eVetting and online payments. The end result of the digitisation process will be the freeing up of more staff to focus on processing applications in a timely and efficient manner, improving service to our customers and reduction of waiting times.

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: [e-mail], 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.

Asylum Seekers

Questions (103)

Carol Nolan

Question:

103. Deputy Carol Nolan asked the Minister for Justice further to Parliamentary Question No. 5 of 25 May 2023, if he will clarify the apparent contradiction in the numbers provided, given that in his reply he states the number of people in 2023, to the end of April, who arrived at Dublin Airport and were refused leave to land on the basis of no documentation is 1,010, and those refused for being in possession of false documentation is 281, while an FOI request released to an organisation (details supplied) states that between January and April this year, 1,465 asylum seekers arrived into Dublin Airport with no travel documents, while 354 arrived with false documents in the same period. [26504/23]

Written answers

Minister for Justice (Deputy Helen McEntee)

I am happy to clarify the matter for the Deputy.

In the Deputy's Parliamentary Question of 25 May 2023 you asked for the figures for the year 2023 to date, and my response to you provided you with that information, covering the period January 2023 to end April 2023.

In the article referred to in the details supplied, the author uses data from December 2022 to April 2023, hence the difference in the information provided in both responses. The author of the article notes that the data includes December 2022.

The information provided to you remains accurate for YtD to end April and when December 2022 is added to the total it arrives at 1,465.

Restorative Justice

Questions (104)

Pa Daly

Question:

104. Deputy Pa Daly asked the Minister for Justice the status of his commitments to restorative justice (details supplied). [26515/23]

Written answers

Minister for Justice (Deputy Helen McEntee)

As previously advised, to progress the Programme for Government commitment on restorative justice, the Review of Policy Options for Prison and Penal Reform 2022-2024 specifically commits to publishing policy proposals to create awareness and availability of restorative justice at all stages of the criminal justice system.

Work on policy proposals in this regard has been ongoing and I hope to publish a policy paper shortly.

Naturalisation Applications

Questions (105)

Catherine Connolly

Question:

105. Deputy Catherine Connolly asked the Minister for Justice the status of an application for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [26534/23]

Written answers

Minister for Justice (Deputy Helen McEntee)

The naturalisation application from the person referred to by the Deputy continues to be processed by my Department, with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. It will be submitted to me for decision in due course.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

The median processing time for 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 recognised 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 eVetting and online payments. The end result of the digitisation process will be the freeing up of more staff to focus on processing applications in a timely and efficient manner, improving service to our customers and reduction of waiting times.

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: [e-mail], 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.

An Garda Síochána

Questions (106, 107, 108, 109)

Alan Farrell

Question:

106. Deputy Alan Farrell asked the Minister for Justice if he will provide a breakdown on the number of Garda traffic corps vehicles installed with automatic number plate recognition systems in each of the years 2019 to date in 2023. [26549/23]

Alan Farrell

Question:

107. Deputy Alan Farrell asked the Minister for Justice further to Parliamentary Question 37 of 20 October 2022, if he will provide an update on plans to equip all Garda vehicles with automatic number plate recognition; and if he will make a statement on the matter. [26550/23]

Alan Farrell

Question:

108. Deputy Alan Farrell asked the Minister for Justice if he will provide a breakdown of the number of handheld devices with automatic number plate recognition technology that are in operation by An Garda Síochána. [26551/23]

Alan Farrell

Question:

109. Deputy Alan Farrell asked the Minister for Justice if he will provide an update on the roll-out of automatic number plate recognition technology across An Garda Síochána to assist in detecting uninsured drivers; and if he will make a statement on the matter. [26552/23]

Written answers

Minister for Justice (Deputy Helen McEntee)

I propose to take Questions Nos. 106 to 109, inclusive, 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 the purchase, allocation, and effective and efficient use of Garda resources. As Minister, I have no role in such matters.

I can however 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. The 2023 allocation for An Garda Síochána provides funding of over €2.24 billion. The Garda capital budget is an unprecedented €183 million including €100 million for Garda ICT and €11.5 million for Transport & Communications.

The ongoing provision of capital funding on Garda ICT infrastructure will support the ongoing business and operational requirements of An Garda Síochána enabling them to deploy the latest, cutting edge technologies in the fight against crime.

I am advised by An Garda Síochána that as of 30 May, the latest date for when figures are available, there are 134 Roads Policing vehicles, or 40% of the Roads Policing fleet, fitted with Automatic Number Plate Recognition (ANPR) technology.

The table below, provided by the Garda Authorities, provides a breakdown of the number of Roads Policing vehicles fitted with ANPR technology in each of the years 2019 - 2023 (to date).

2019	2020	2021	2022	2023*
74	99	117	115	134

* Figures to 29 May, operational and subject to change.

I am informed that a further 10 vehicles are planned to be fitted with ANPR technology this year, however I am also informed that the majority of Garda vehicles that are not equipped with ANPR predate 2019. As such, fitting the equipment to some of these vehicles may not be cost-efficient.

I understand that around half of the outstanding vehicles are Garda motorcycles. These vehicles are not currently being equipped with ANPR capabilities. I am however advised that there are currently 2 ANPR-equipped motorcycles which are testing this capability in this type of vehicle.

The Deputy may be aware the Active Mobility Programme in particular is transforming An Garda Síochána into a digitally enabled police service by giving instant and secure access to a wide-range of Garda information and services regardless of location through mobility devices. This includes an ANPR App for detecting tax and insurance offences, disqualified drivers and PULSE intelligence warnings currently in pilot phase.

At the end of April, the latest date for when figures are available, there were over 12,000 mobility devices issued to frontline Garda members. I understand that of these, 214 members have access to the ANPR App as part of the pilot phase.

Question No. 107 answered with Question No. 106.

Question No. 108 answered with Question No. 106.

Question No. 109 answered with Question No. 106.

Road Traffic Offences

Questions (110, 111)

Alan Farrell

Question:

110. Deputy Alan Farrell asked the Minister for Justice if he will provide a breakdown on the number of offences recorded by an Garda Síochána for driving without insurance in each of the years 2018 to date in 2023. [26553/23]

Alan Farrell

Question:

111. Deputy Alan Farrell asked the Minister for Justice if he will provide a breakdown of fines issued to motorists caught driving without insurance in each of the years 2018 to date in 2023.; and if he will make a statement on the matter. [26554/23]

Written answers

Minister for Justice (Deputy Helen McEntee)

I propose to take Questions Nos. 110 and 111 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 the enforcement of traffic legislation and the recording of traffic offences. As Minister, I have no role in such matters.

I am advised by the Garda authorities that there are no fixed charge notices (FCNs/ fines) for driving without insurance, only for failure to display insurance. There are also a number of crime incident types which could include driving without insurance on PULSE, including ‘insurance’ and ‘general roads offences’. Both will contain other incidents in addition to driving without insurance, and there is no specific field by which to identify those which relate to having no insurance.

I am however informed by the Garda authorities that the table below provides a yearly breakdown of the number of charges and summonses created for the offences of ‘No Insurance (Owner)’ and ‘No Insurance (User)’, contrary to sections 56(1) and (3) the Road Traffic Act 1961 as amended by section 3 of the Road Traffic (Amendment) Act 1984.

2018	2019	2020	2021	2022	2023 (up to 29 May)
33,894	31,954	30,192	25,787	22,182	9,090

The above figures are based on charges created and summonses issued from 1 January 2018 to 29 May 2023, inclusive. All information contained in this report is based upon operational data from the PULSE system as was available on 29 May 2023 and is liable to change.

Question No. 111 answered with Question No. 110.

Road Traffic Offences

Questions (112)

Alan Farrell

Question:

112. Deputy Alan Farrell asked the Minister for Justice the number of drivers disqualified for driving without insurance in each of the years 2018 to date in 2023. [26555/23]

Written answers

Minister for Justice (Deputy Helen McEntee)

Management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: [e-mail].

To be of assistance I have referred the Deputy's question to the Courts Service for reply.

Policing Co-operation

Questions (113)

Catherine Murphy

Question:

113. Deputy Catherine Murphy asked the Minister for Justice if he was consulted or engaged by Garda management in respect of members of uniformed gardaí in 2021, 2022 and 2023 being deployed in France and in any other European Union member state. [26565/23]

Written answers

Minister for Justice (Deputy Helen McEntee)

I am advised by the Garda authorities that request from the authorities, including the French authorities, are regularly discussed with An Garda Síochána. Such requests often involve a temporary assignment of a very small number of Gardaí to work in assisting Irish nationals visiting certain tourists areas during the summer, including France.

I understand the primary purpose of such a deployment to France is to assist French police in dealing with Irish nationals visiting the area. This is similar to arrangements in other areas of France involving the temporary deployment of German, Spanish and Dutch police officers.

If such a request approved, Garda members would patrol in uniform with French police officers and assist in the investigation of complaints by, or offences involving, Irish nationals.

I can assure the Deputy, such assignments are subject to approval by the Irish Government, and no approval has yet been sought.

Policing Co-operation

Questions (114)

Catherine Murphy

Question:

114. Deputy Catherine Murphy asked the Minister for Justice if he will clarify the procedures and protocols that are in place for the deployment and operational use of members of An Garda Síochána outside of this jurisdiction. [26566/23]

Written answers

Minister for Justice (Deputy Helen McEntee)

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business under Section 26 of the Garda Síochána Act 2005 (as amended), which includes all operational policing matters. As Minister, I play no role in these independent functions.

Where it is proposed by the Garda Commissioner to deploy Garda members abroad, it falls within the statutory framework set out in Section 51 of the Garda Síochána Act (as amended) and as necessary Ministerial or Government approval is sought.

Policing Co-operation

Questions (115, 116)

Catherine Murphy

Question:

115. Deputy Catherine Murphy asked the Minister for Justice the number of gardaí and the number of instances in which gardaí were deployed outside of the State in the past five years to date in 2023, in an official and unofficial capacity. [26567/23]

Catherine Murphy

Question:

116. Deputy Catherine Murphy asked the Minister for Justice the number of police officers and the number instances in which police officers were deployed from outside this jurisdiction inside of this State in the past five years to date in 2023, in an official and unofficial capacity. [26568/23]

Written answers

Minister for Justice (Deputy Helen McEntee)

I propose to take Questions Nos. 115 and 116 together.

I have sought the information requested by the Deputy from An Garda Síochána, and will contact him again when this is to hand.

The following deferred reply was received under Standing Order 51.

As you 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 deployment of Garda members. As Minister I have no role in these matters. I am informed by the Garda authorities that An Garda Síochána has deployed members internationally as part of international police liaison activities and to fulfil commitments in the area of civilian peacekeeping.

I am further informed that An Garda Síochána have participated in both EU and UN civilian missions since 1989 and currently members of An Garda Síochána are serving in Cyprus with the United Nations Peacekeeping Force in Cyprus (UNFICYP), and in Kosovo with EULEX Kosovo. In addition, An Garda Síochána deploys a network of Garda Liaison Officers (GLO) abroad and seconded members to EUROPOL, INTERPOL and other EU institutions.

Where it is proposed to deploy Garda members abroad, including where such a deployment is considered arising out of a request by a foreign partner, it is considered on a case by case basis, taking cognisance of resource and budget considerations. Should the Commissioner consider that there is benefit arising from such deployment for both An Garda Síochána and Ireland, the approval of Government pursuant to Section 51 of the Garda Síochána Act 2005 as amended is sought in advance of any such deployment.

Members of An Garda Síochána are deployed on international service to United Nations Police (UNPOL) mission areas under Section 51 of the Garda Síochána Act 2005. UNFICYP, Cyprus is the currently the only mission that AGS participates in, deploying two rotations of 6 members (12 in total) on a bi yearly basis for a period of 12 months. To reach this point in the process, members must;

• Be selected following a competitive interview process run by An Garda Síochána

• Have successfully completed the UN Training Course in Garda Training College

• Be nominated by AGS to the UN Department of Peace Operations, New York

• Undertake and be selected following a competitive interview process run by the UN.

Once deployed to mission members must undergo a comprehensive UN induction process, including a driving assessment and English language examination. The decision to deploy a member to a mission area is made solely by the UN. Following deployment to UNFICYP, Cyprus, members can be stationed in Sectors 1,2 or 4 on the island in order to maintain the safety and security of the buffer zone which separates the Turkish Cypriot North and Greek Cypriot South regions. Members can apply for specialist roles/positions following 3 to 4 months of service as vacancies regularly arise due to the repatriation of UN contingents, rotations, and ongoing mission mandate requirements.

Please note that the figures in respect of Secondments (which include overseas) are publicly available and published on the Garda Website at the following links;

https://www.garda.ie/en/about-us/our-departments/human-resources-and-people-development/garda-hr-directorate/

https://www.garda.ie/en/about-us/our-departments/human-resources-and-people-development/garda-hr-directorate/total-garda-workforce-strengths-2005-2021-includes-available-garda-member-strengths.pdf

I hope this information is of assistance.

Question No. 116 answered with Question No. 115.

Policing Co-operation

Questions (117)

Catherine Murphy

Question:

117. Deputy Catherine Murphy asked the Minister for Justice if he will clarify the procedures and protocols that are in place for the deployment and operational use of police officers from other jurisdictions in this State. [26569/23]

Written answers

Minister for Justice (Deputy Helen McEntee)

The Deputy will be aware that the Garda Commissioner is responsible for the management and administration of Garda business under the Garda Síochána Act 2005 (as amended), including all operational policing matters.

I am advised by An Garda Síochána that foreign police organisations have been given permission to operate in Ireland only in specific circumstances, including:

• Where they are part of protection arrangements for visiting foreign dignitaries;

• Where they are seeking to interview or conduct other police activities such as statement-taking, where a witness or other relevant person may reside in Ireland;

• Where their presence may be in uniform and on official business but relates to invited participation in a community-focused event.

Where permission is granted in respect of the above, An Garda Síochána enters into an agreement in respect of procedures and protocols to be adhered to, and An Garda Síochána directly supervises such activity as occurs within the State.

Domestic Violence

Questions (118)

Ivana Bacik

Question:

118. Deputy Ivana Bacik asked the Minister for Justice the number of breaches of orders made under the Domestic Violence Act 2018 which were reported to An Garda Síochána in each of the years 2016 to 2022, and to date in 2023, inclusive, in tabular form; and if he will make a statement on the matter. [26627/23]

Written answers

Minister for Justice (Deputy Helen McEntee)

Tackling domestic violence and supporting vulnerable victims are priorities for Government, for the Department of Justice, and for the Garda Commissioner.

It is recognised that, historically, people may not have felt able to come forward to report domestic violence, for fear of retribution or indeed because they did not have confidence that the system would support and protect them.

An Garda Síochána and my Department are working hard to strengthen trust and confidence in the criminal justice system so that victims feel empowered to come forward.

My Department has also worked with criminal justice agencies and civil society frontline partners on national awareness-raising campaigns and to co-design our most ambitious domestic, sexual and gender based violence strategy.

I can assure the Deputy that An Garda Síochána prioritise and proactively respond to incidents of domestic abuse. Gardaí now have Divisional Protective Services Units in each division, so specialised teams nationwide follow up with vulnerable victims in these most difficult cases.

They have also introduced new mandatory domestic violence training, as well as training for using the ‘Risk Evaluation Tool’ to ensure all vulnerable victims receive the service and supports they need.

As part of delivering on the commitments under the Third National Strategy, I am strengthening the law in this area, including by increasing the penalties for assault causing harm, introducing standalone offences of non-fatal strangulation and stalking, and by progressing a new Sexual Offences Bill which will, among other things, improve supports for victims.

Work also continues to implement Supporting a Victim’s Journey, to reform the criminal justice system at every point a victim comes into contact with it.

In relation to the specific information sought by the Deputy, a search of the PULSE database was conducted on the 29th May 2023 for incidents of the following types reported during the period 01/01/2016 – 28/05/2023:

• Breach of Barring Order

• Breach of Emergency Barring Order

• Breach of Interim Barring Order

• Breach of Protection Order

• Breach of Safety Order

The number of incidents by type and by year in the period 2016 to the 28th of May 2023 is shown in the table below.

Incident Type	2016	2017	2018	2019	2020	2021	2022	20231	Grand Total
Breach of Barring Order	432	514	552	698	786	742	695	270	4689
Breach of Emergency Barring Order	-	-	-	-	*	-	*	-	*
Breach of Interim Barring Order	69	62	82	143	137	144	138	54	829
Breach of Protection Order	907	902	1139	1364	1975	2095	2306	941	11629
Breach of Safety Order	826	1066	1262	1527	1452	1694	1601	763	10191

1 - Up to 28/05/2023

* - Less than 10

Additional Information

Incident data is based upon operational data from the PULSE system as was available at 01:00 on 29/05/2023 and is liable to change.

Domestic Violence

Questions (119)

Ivana Bacik

Question:

119. Deputy Ivana Bacik asked the Minister for Justice the number of breaches of orders made under the Domestic Violence Act 2018 which were prosecuted in the District Court in each of the years 2016 to 2022 and to date in 2023, inclusive, in tabular form; and if he will make a statement on the matter. [26628/23]

Written answers

Minister for Justice (Deputy Helen McEntee)

As the Deputy will be aware. management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.

The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas at: [e-mail].

To be of assistance, I have referred the Deputy's query to the Court Service for direct reply.

Legislative Measures

Questions (120)

Ivana Bacik

Question:

120. Deputy Ivana Bacik asked the Minister for Justice if he will clarify the process for proscribing organisations; and his views on the adequacy of the mechanism in place. [26629/23]

Written answers

Minister for Justice (Deputy Helen McEntee)

Under the Offences Against the State Act 1939, the State's primary counter-terrorism legislation, there are two means by which an organisation may be proscribed as unlawful for the purposes of that Act.

Firstly, an organisation which engages in any of the activities specified in section 18 of the 1939 Act is declared to be an unlawful organisation for the purposes of that Act. No further action is required.

Secondly, an organisation may be declared to be unlawful by way of Government order pursuant to section 19(1) of the 1939 Act where the Government are of the opinion that the organisation concerned is an unlawful organisation and ought, in the public interest, to be suppressed.

In addition, section 5 of the Criminal Justice (Terrorist Offences) Act 2005, which was enacted with particular application to international terrorism, ensures that any organisation which engages in terrorist activity or terrorist-linked activity is an unlawful organisation within the meaning and for the purposes of the 1939 Act.

As regards the adequacy of the mechanism in place, as the Deputy will be aware, the Independent Review Group under the Chairmanship of Mr Justice Michael Peart has recently completed its examination of all aspects of the Offences Against the State Acts including proscription. It will be brought to Government with a view to publication in June.