Written Answers Nos. 902-917
902. Deputy Bernard J. Durkan asked the Minister for Justice the extent, if any, to which parental alienation is a defined condition in this country, given the extent to which the concept is contested; and if she will make a statement on the matter. [27862/23]
View answer903. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which she remains satisfied that concept of parental alienation is not used in this country to militate against the interest of the child or either of the parents; and if she will make a statement on the matter. [27863/23]
View answerI propose to take Questions Nos. 902 and 903 together.
As the Deputy is aware, last year, my Department committed to undertake both a public consultation and independent research on the topic of parental alienation as part of the Justice Plan 2022. The findings of both these strands were analysed and arising from this, my officials developed a policy paper on how to address the issue.
Minister Harris brought both the finalised policy paper and the research report to Government on the 23rd of May last, which noted his intention to publish both reports. Both the research report and the policy paper have now been published on the Department's website, a link to which can be found here: www.gov.ie/en/publication/20df3-parental-alienation-research-report-and-policy-paper/.
Both the paper and the report recognise that parental alienation is a highly contested and divisive concept. While there is little concrete information on the exact extent of accusations of parental alienation within the Irish courts, the research report found that, similar to other courts internationally, there appears to be increasing claims of parental alienation in family law proceedings. It appears to arise particularly in custody and access disputes and in cases where allegations of domestic, sexual and gender-based violence feature.
Despite the highly contested nature of the concept, there was consensus in the public consultation that the means to address parental alienation lie in improvements to the Irish family courts and family justice system. My Department are currently leading on an ambitious programme of family justice reform, including the publication of the Family Justice Strategy and the Family Courts Bill 2022. The Strategy puts children at the centre of the system, and emphasises amongst other things the need to ensure they are listened to and heard and their views given due regard (in line with constitutional obligations and rights).
Reflecting this, the policy paper puts forward six recommendations to address the issue of parental alienation. They centre on progressing elements of family justice reform, building the system's capacity to adequately hear the voice of children, and improve the knowledge, skills and experience of all those involved in order to make the best determinations in relation to each case on its own merits. This is especially important in high-conflict cases, in which allegations of parental alienation can often arise.
904. Deputy Mark Ward asked the Minister for Justice if she will provide an update on the implementation plan for restorative justice; the plans to invest in services to make restorative justice more accessible; and if she will make a statement on the matter. [27900/23]
View answerIn response to the Deputy, restorative justice is one of a suite of measures available to the criminal justice system. Restorative justice practices take different forms, are founded on the principle of consent, and aim to enable those affected by an offence to participate actively in repairing the harm done and find a positive way forward.
At present, restorative justice is delivered by the Probation Service both pre- and post-sentence, by An Garda Síochána within the Garda Youth Diversion Programme, and by Community-Based Organisations that receive referrals at specific points in the criminal justice process.
It is already an important part of the work of the Probation Service, which established a National Restorative Justice and Victim Services Unit in 2018.
I would like to advise the Deputy that there are now four projects in receipt of Probation Service funding that provide dedicated restorative justice interventions in response to requests from the Court. The Restorative Justice Service in the Greater Dublin Area and Restorative Justice in the Community in the Laois, Offaly and Tipperary region, the Wexford region and the Limerick region. A number of other projects also provide restorative justice interventions as part of a wider suite of services to offenders.
In Budget 2023, the Probation Service was allocated additional funding to support the development of capacity in community-based organisations to facilitate restorative justice services.
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.
Further, actions relating to developing restorative justice in Ireland have been identified in each of the three most recent Justice Plans, most recently Justice Plan 2023. Work on policy proposals in this regard is ongoing and I hope to publish a policy paper shortly.
Further, in terms of legislating in this area, my Department has commenced a policy review of the Criminal Justice (Community Sanctions) Bill 2014. As part of this review, due consideration is being given to providing a statutory basis for restorative justice as an option at certain points during the criminal justice system. Consideration of this matter is ongoing and I hope to publish the report of the review shortly.
905. Deputy Alan Dillon asked the Minister for Justice the reason a person's (details supplied) approval of visa was two weeks into the approval dates; and if she will make a statement on the matter. [27903/23]
View answerThe persons referred to by the Deputy created on-line Short Stay 'C' visa applications on 29 November 2022. The supporting documentation and relevant fees were received on 17 December 2022, in the Tehran visa office.
The applicants listed their proposed travel dates, on their applications, as entering the State on 6 May 2023 and leaving on 5 June 2023. The visas were granted for the period requested and visa stickers were issued on 7 May 2023.
It should be noted that the dates on a visa sticker refer to the period of time in which an applicant can travel to a port of entry and present themselves to an Immigration Officer. It does not refer to the length of time an applicant may stay in the State.
A visa allows a person to present themselves at a port of entry, where an Immigration Officer will decide if a person will be given permission to enter the state. Entry into the State, for both visa required and non-visa required nationals, is solely at the discretion of the Immigration Officer at the port of entry.
The Immigration Officer may grant leave to enter to a maximum period of three months. They may, depending on the documentation, the reasons for seeking entry to the State and/or a person's previous Immigration history, refuse entry to the State or grant permission for a period of less than 3 months.
If the applicants wish to travel to the State it is open to them to make a new visa application. Any new application will be assessed on its own merits taking all relevant information into consideration at that 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 (inisoireachtasmail@justice.ie) which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
906. Deputy Catherine Murphy asked the Minister for Justice if funding will be provided to purchase high-powered jet skies for the Garda water unit. [27907/23]
View answerThe Garda Water Unit is a national resource based at Santry Garda Station, Dublin Metropolitan Region and Garycastle, Athlone, Co. Westmeath.
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 vehicles. As Minister, I have no role in these independent functions.
However, to be of assistance I sought the information requested by the Deputy from An Garda Síochána and have been advised that the provision and allocation of all Garda Water Unit resources is under constant review.
I am also advised that there are currently no plans for the provision of jet skis as part of Garda Water Unit operational deployments.
907. Deputy Catherine Murphy asked the Minister for Justice if there are plans to purchase unmarked vans attached to Garda public order units. [27908/23]
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 purchase, allocation and efficient use of Garda vehicles. As Minister, I have no role in these independent functions.
I am however advised by the Garda authorities that Garda vehicles, including Garda public order unit vans, are purchased under contracts tendered by the Office of Government Procurement (OGP). I am also advised that the new tender process is being undertaken by the OGP.
The Deputy will be further aware that the purchase and allocation of vehicles by An Garda Síochána is made on the basis of identified operational demands, the availability of resources and is reviewed on a continual basis.
908. Deputy Pauline Tully asked the Minister for Justice if she plans to visit the United States before the end of 2023; and if she will make a statement on the matter. [27925/23]
View answerWhile neither myself nor Minister Browne have any such travel confirmed at this time, we are of course open to undertaking international travel, including to the US, in order to promote Ireland and Irish interests abroad, as well as strengthen our impact and enhance Ireland's reputation overseas, as committed to under the Global Ireland programme.
909. Deputy Pauline Tully asked the Minister for Justice the number of persons currently in prison for the offence of handling stolen goods and who are due to be released in either 2025 or 2026, in tabular form; and if she will make a statement on the matter. [27926/23]
View answerI am advised by my officials in the Irish Prison Service that on 31 May 2023 there are 10 people in custody whose most serious offence was handling stolen property.
I can further advise that none of these people are due to be released in either 2025 or 2026.
910. Deputy Pauline Tully asked the Minister for Justice the current status of the postal packages and telecommunications messages (regulation) (amendment) Bill; when this Bill will move to the next Stage; and if she will make a statement on the matter. [27927/23]
View answerThe lawful interception of communications is governed by the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993. Under the Act, the Minister for Justice may authorise designated bodies to intercept communications but only for the purposes of investigating serious crime or safeguarding national security, and subject to a number of strict conditions that are set out in the Act.
Interception is a valuable tool in the fight against serious and organised crime and in protecting the security of the State and clearly the nature of communications has changed significantly since the enactment of the Act in 1993. Therefore my Department is working to update the legislation in this complex and sensitive area. To that end, a review of interception legislation is ongoing in my Department to identify the scope and nature of amendments which may be necessary to appropriately modernise the interception framework.
In undertaking this review, it is of course essential to ensure that legislation in this area is not only robust and effective in supporting the needs of the authorities charged with combating serious crime and terrorism, but that the law also remains proportionate in securing that objective and takes full account of the impact on fundamental rights.
The outputs from the review will inform proposals for consideration which I will bring to Government in due course.
911. Deputy Pauline Tully asked the Minister for Justice if An Garda Síochána or her Department has made funding applications for projects under the EU anti-fraud programmes in the years 2021 and 2022 and to date in 2023; if so, the applications that were approved, in tabular form; and if she will make a statement on the matter. [27928/23]
View answerI can inform the Deputy that my Department has not made funding applications for projects under the EU anti-fraud programmes in the years specified.
I have sought the information requested by the Deputy from An Garda Síochána and will write to the Deputy when this information is to hand.
912. Deputy Joe Flaherty asked the Minister for Justice to provide an update on the Stamp 4 application for an individual (details supplied). [27956/23]
View answerAn application for a Change of Status to a Stamp 4 immigration permission was received from the person referred to by the Deputy on 13 February 2023 and continues to be examined by my Department.
My Department endeavours to process all applications as quickly as possible. However, processing times may vary due to a number of factors, such as the number of applications on hand, the complexity of applications, whether further information is required, and the resources available.
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.
913. Deputy Rose Conway-Walsh asked the Minister for Justice the total spend on consulting services and on "business-as-usual" outsourcing, as differentiated under the Code of "Practice for the Governance of State Bodies 2016" for each non-commercial public body under the aegis of her Department for the year 2022. [27967/23]
View answerIt has not been possible to collate complete information as requested by the Deputy in the time allowed. I will write to the Deputy directly when the information is to hand.
914. Deputy James Lawless asked the Minister for Justice if she will provide an update on adoption applications (details supplied); and if she will make a statement on the matter. [27988/23]
View answerThe application referred to by the Deputy was approved on 02 June 2023 and a letter issued to the applicants on that date informing them of same.
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.
915. Deputy Joe Flaherty asked the Minister for Justice if she will provide an update on the family reunification application of persons (details supplied). [28032/23]
View answerI can advise the Deputy that the applications referred to were created on the 29 August 2022. Supporting documentation was received in the Manila office on the 21 September 2022. The applications were received in the Dublin Visa Office on the 27 September 2022, where they await examination and processing.
Long Stay Join Family visa applications are processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification. This policy document may be accessed at the following link: www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf. This Policy Document contains a stated business target that visa applications for family reunification for immediate family members of Irish citizens and Category A sponsors, such as Critical Skills Employment Permit Holders, should be dealt with within 6 months of application.
However, it must be made clear that these are business targets for the immigration service. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.
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 applicants will be notified as soon as a decision has been reached by a Visa Officer.
Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday: www.irishimmigration.ie/visa-decisions/.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
916. Deputy Carol Nolan asked the Minister for Justice if she will clarify whether there are states or territories that have refused to readmit persons who were the subject of a deportation order in this State; if she will identify these locations; the number of refusals to readmit such persons that have occurred from 2011 to date; and if she will make a statement on the matter. [28055/23]
View answerI can advise the Deputy that deportation and removal processes are an essential part of any immigration system. It must be acknowledged that those who do not have a legal right to remain in this country must remove themselves from the State. A person subject to a Deportation Order has no legal basis to remain in the State. Their case to remain in the State has been considered in detail and all available appeals processes have been exhausted.
When issued with a deportation order, a person is required to remove themselves from the State. Many people comply in this manner and leave the country, often without notifying the immigration authorities that they have done so. However, where a person does not voluntarily return to their own country, Ireland, like all other EU Member States, puts in place arrangements to return people to their home country. The exercise of powers in this area is at all times subject to the law and to respect for individual rights.
There may be a range of reasons why it can be difficult to obtain the cooperation of individual states in these matters; by way of example, in recent years some states had in place precautionary measures relating to COVID 19 that inhibited removals. Where Ireland is experiencing a difficulty in removing individuals, it is the policy of the Immigration Services to engage with the jurisdiction in question, whether by way of interaction with the relevant embassy of that state in Ireland or with the network of Irish Embassies and missions through the Department of Foreign Affairs. I would further note that the number of states with whom Ireland experiences such difficulties is minimal.
I am sure the Deputy will appreciate that, in the interests of ensuring as effective a deportation process as possible, I do not think it is appropriate to publicly identify states with whom Ireland is having a difficulty in this regard. On balance, it is preferable that Ireland continues to engage with these states diplomatically and through EU channels. It has been my Department's experience that working bilaterally with such states can assist in bringing resolutions to such difficulties.
917. Deputy Catherine Murphy asked the Minister for Justice if she will provide, in tabular form, details of the judgments made against Ireland in the Court of Justice of the European Union in each of the past five years; the nature of the case and judgment in question; the total amount in euro of fines and-or penalties paid to date associated with each adverse finding, broken down by amount paid by day, week, month and so on, as per the judgment; the remedial procedures, if any, that have been undertaken by the State to address each of the judgments; and if she will make a statement on the matter. [28130/23]
View answerIn respect of matters which are the responsibility of the Department of Justice, the European Commission referred Ireland to the Court of Justice of the European Union (CJEU) in relation to three infringement cases in the time period specified.
These are in respect of:
• Council Framework Decision 2009/829/JHA on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention
• Council Framework Decision 2008/909/JHA of on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union
• Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing.
As requested by the Deputy, further details are outlined below.
On 26 February 2021, the European Commission notified infringement procedures against Ireland for failure to notify of the transposition of Framework Decision 2009/829/JHA. Prior to notification, Ireland had transposed the directive by means of the Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020, commenced on 5 February 2021. The Commission was notified of the transposition via THEMIS and on 1 April 2021 a letter was issued to the Commission formally requesting the closure of this infringement.
This infringement was referred to the CJEU on 3 December 2022, C-126. The Commission confirmed that the proceedings should continue to judgment on the basis that the transposition was not complete before the expiry of the reasoned opinion period in 2019.
The Court judgment was received on 24 March 2022. The Court made the declaration sought by the Commission that Ireland had been in default of its obligations at the time of the expiry of the reasoned opinion. The Court noted that "the Commission confirmed, in its reply, that it did not intend to make any complaints against Ireland other than the failure to transpose and notify within the period laid down in the reasoned opinion". This was the first referral to the Court and therefore there was no financial penalty.
In relation to Framework Decision 2008/909/JHA, the European Commission commenced infringement proceedings on 25 January 2019, subsequently issued a Reasoned Opinion on 25 July 2019, and referred the matter to the CJEU in December 2020, C-125. The CJEU made a declaration in respect of non-transposition on 24 March 2022.
The Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 is the relevant transposing legislation. It was signed into law on 1 March 2023 and a commencement order was signed on 2 May 2023, appointing 3 May 2023 as the date it will come into effect. This completes transposition and the Commission will be notified accordingly.
On July 16, 2020, the ECJ imposed a fine of €2m for failing to transpose Directive (EU) 2015/849. As the Deputy will appreciate, this is a complex area of law and unlike many other member states Ireland requires primary legislation to transpose provisions of EU legislation with criminal penalties. Directive 2015/849 represented a complete restatement of the EU law on money laundering. It is important to note that all aspects of the Directive are now in place and operational in Ireland.
The Directive was given effect in Ireland, following very careful analysis and consideration, by a series of amendments to the existing Criminal Justice (Money Laundering & Terrorist Financing) Act 2010 and by highly-technical Regulations from the Department of Finance.
The Court's decision related to a delay in implementing the Fourth Money Laundering Directive, dating to a period between July 2017, and the enactment of the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act in November 2018. The Department of Justice and the Department of Finance subsequently provided for a number of additional measures by Regulation following detailed discussions with the Commission. The Court's decision recognises that even though Ireland had not completed the transposition of the Directive by June 2017 as required, Ireland had done so before this case was brought before the Court.
