Tuesday, 4 Jul 2023

Written Answers Nos. 421-437

An Garda Síochána

Questions (421)

Fergus O'Dowd

Question:

421. Deputy Fergus O'Dowd asked the Minister for Justice the present number of Gardaí allocated to the Drogheda district, by rank, since 2020; and if she will make a statement on the matter. [32159/23]

Written answers

Minister for Justice

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 recruitment, training and deployment of Garda members. As Minister, I have no role in these independent functions and am unable to seek to direct, or otherwise influence, the Commissioner in such matters.

I can however assure the Deputy that the Government is committed to building stronger, safer communities, including in Drogheda where progress through the Drogheda Implementation Plan is charting a path to improved community wellbeing in the town.

A strengthened, well-resourced Garda Síochána is central to the Government's policy of building stronger, safer communities. This commitment is demonstrated by the unprecedented provision of in excess of €2 billion to the Garda Vote this year, which is allowing for sustained and ongoing recruitment and investment in new equipment and new vehicles.

I am assured that the Commissioner keeps the allocation of these resources under continued review, in line with crime and population trends, to ensure their optimum use.

I am advised by the Garda authorities that the table below sets out the number of Garda members assigned to the Drogheda district at the end of December 2020, 2021 and 2022 and at end May 2023, the latest date for which figures are available. I have also been advised that there has been an increase of almost 40% since 2015, when there were 106 Garda members assigned.

Drogheda Garda District	2020	2021	2022	2023 (as of 31 May)
Garda	124	127	122	119
Sergeant	22	19	22	21
Inspector	4	4	6	5
Superintendent	1	1	1	1
Chief Superintendent	1	1
Total	152	152	151	146

For the Deputy's information, and in the interest of transparency, detailed statistics on Garda workforce numbers are published on gov.ie and are updated regularly by my Department from information provided by An Garda Síochána. The statistics can be accessed using the following link:

www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/

Citizenship Applications

Questions (422, 437)

Matt Carthy

Question:

422. Deputy Matt Carthy asked the Minister for Justice if she will reduce the costs for persons who have been long-term residents in Ireland to become Irish citizens; and if she will make a statement on the matter. [32163/23]

Richard Bruton

Question:

437. Deputy Richard Bruton asked the Minister for Justice if she has considered creating a different charge for an application for citizenship for persons who have lived and worked for most of their lives in Ireland; and if she will make a statement on the matter. [32641/23]

Written answers

Minister for Justice

I propose to take Questions Nos. 422 and 437 together.

The fees to be paid by an applicant for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011). The application fee is €175.

A certification fee of €950 is then required following a positive decision being reached on the naturalisation application.

The standard certification fee is set at €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of recognised refugees and stateless persons, there is no certification fee.

There is no provision in the Regulations for the discretionary waiver or reduction of fees, or for differing fees to apply to different nationalities or classes of applicant. All of the fees payable under the Irish Nationality and Citizenship Act 1956, as amended, are kept under ongoing review by my Department. However, there are no current plans to amend the fees.

Visa Applications

Questions (423)

Gary Gannon

Question:

423. Deputy Gary Gannon asked the Minister for Justice the timeframe for when a person (details supplied) may receive news on a visa application. [32218/23]

Written answers

Minister for Justice

The visa application referred to by the Deputy was refused by the Visa Office in Abu Dhabi on 13 December 2022. The reasons for this decision were set out in the refusal letter sent to the applicants at that time. An appeal of this decision was launched on 09 January 2023.

Appeals for applications of this type are processed in the order in which they are received, to be fair to all applicants. While every effort is made to process these applications as soon as possible, processing times will vary having regard to the volume of appeals received, their complexity, the possible need for the visa office to seek further information in relation to certain appeals and the resources available to process them.

All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on the Immigration Service website. When making an appeal, the applicant should take into account the reasons for refusal listed in the refusal letter. The appeal should include any further information or additional documentation they wish to have considered, and should be sent for the attention of the Visa Appeals Officer, in the relevant Visa Office, where the matter will be considered afresh.

Full consideration will be given to any appeals received on behalf of the applicants, however the onus is on applicants to satisfy the Visa Officer that visas should be granted. Processing times and decisions at the Overseas Visa Offices can be checked at the webpage for the relevant office, details available here 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 ([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 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.

Departmental Data

Questions (424)

Mattie McGrath

Question:

424. Deputy Mattie McGrath asked the Minister for Justice the number of convictions there was between 2015 to 2023 for rape or sexual assault of children under 18 years. [32221/23]

Written answers

Minister for Justice

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: [e-mail].

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

Immigration Status

Questions (425, 434)

Holly Cairns

Question:

425. Deputy Holly Cairns asked the Minister for Justice the steps she is taking to reform the family reunification process of Non-EEA healthcare assistants. [32232/23]

Claire Kerrane

Question:

434. Deputy Claire Kerrane asked the Minister for Justice what engagement his Department had with the Department for Health on visa criteria for non-EEA healthcare assistants, particularly with regard to family reunification processes and eligibility criteria; and if she will make a statement on the matter. [32389/23]

Written answers

Minister for Justice

I propose to take Questions Nos. 425 and 434 together.

I can advise the Deputy that the criteria for obtaining an Employment Permit for healthcare assistants is set by the Department of Enterprise, Trade and Employment.

My Department's role relates to the immigration legislation and procedures which apply to persons granted an Employment Permit. These include the requirement to apply for a Visa to travel to the State, where the person is a visa required national. In addition, on arrival in the State holders of an Employment Permit will be required to register at their local Immigration office where they will be granted a Stamp 1 immigration permission.

I can further advise the Deputy that work is underway to revise the current system whereby employment permits and immigration permissions are dealt with separately, with a view to improving the user experience and enhancing Ireland’s competitiveness in attracting skilled migrant workers. The Government agreed in principle late last year that a single application procedure for employment permits and immigration permissions should be developed and that an Inter Departmental Working Group should be established to develop an implementation plan for consideration by Government.

The Inter-departmental Working Group is examining the operational, policy and legal considerations of simplifying the process for employment permits and immigration permissions to improve on timelines to secure critical skill workers. The Working Group aims to report back to government with an implementations plan and associated timelines later this year. The Working Group’s report will also allow Government to consider opting-in to the recast EU Single Permit Directive at a future date.

The position in regard to applications for family reunification is set out in the Policy Document for Non-EEA Family Reunification, which is available on my Department's Immigration Services website www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf. The policy, which was last amended in 2016, is currently under review.

The policy document sets out the rationale for applying resource requirements as part of the overall assessment of whether to approve an application for family reunification. In general terms, the sponsor must demonstrate their capacity to provide for their family member(s) if they are to be granted a permission to come to Ireland. Separately, it is open to spouses of General Employment Permit holders to apply for Employment permits in their own right and enter the State and work.

As a guideline, Category B sponsors such as those on General Employment Permits, regardless of occupation, must have a gross income in excess of that applied by the Department of Social Protection (DSP) in assessing eligibility for the Working Family Payment (formerly Family Income Supplement). In examining such applications, my Department applies the DSP income levels current at the time of assessment.

Sports Funding

Questions (426)

Catherine Murphy

Question:

426. Deputy Catherine Murphy asked the Minister for Justice if she will provide a schedule of the grants, grant-aid, low-cost borrowing and funding that her Department can provide to an association (details supplied), heading under which the grants, grant-aid, low-cost borrowing and funding is provided; the maximum amount that can be accessed; and the dates on which the schemes operate. [32282/23]

Written answers

Minister for Justice

I can inform the Deputy that my Department does not operate any scheme which provides funding specifically to the association in question.

Clubs that form part of the association are not categorised separately on my Department's payments systems. Hence, it is not possible to extract a definitive schedule of any payments made.

My Department's payment records do reflect grant payments of €12,050 in the period 2018 to 2020 to the association referenced in respect of the promotion of migrant integration initiatives. Responsibility for this programme transferred to the Department of Children, Equality, Disability, Integration and Youth in 2020.

Immigration Status

Questions (427)

Alan Kelly

Question:

427. Deputy Alan Kelly asked the Minister for Justice the average turnaround for a ‘permission to remain in the State as the spouse of an Irish national’ application. [32315/23]

Written answers

Minister for Justice

I can inform the Deputy that the average processing time for Spouse of an Irish National applications for the first five months of 2023 has been six months.

My Department endeavours to process applications as quickly as possible. However, processing times may vary significantly due to a number of factors, such as the number of applications on hand, individual circumstances, the complexity of applications, whether further information is required, and the resources available.

Additionally, the Domestic Residence and Permissions Division of my Department are currently receiving very high levels of applications across several of their immigration schemes, which is causing some delays. The Division are working hard to finalise applications as quickly as possible and appreciate applicants' patience as they deal with this increase.

An Garda Síochána

Questions (428)

Alan Kelly

Question:

428. Deputy Alan Kelly asked the Minister for Justice if funding has been provided for the purchase of additional state-of-the art drones for use by An Garda Síochána. [32316/23]

Written answers

Minister for Justice

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 tendering for, and purchase of, equipment for the service. As Minister, I have no role in these independent functions.

I am advised that the Garda Air Support Unit (GASU) is a national resource based at Casement Aerodrome, Baldonnel, Co. Dublin and is under the direction and control of Assistant Commissioner, Organised and Serious Crime and the operational control of Detective Chief Superintendent, Operational Support Services. The unit provides a 24-hour proactive and reactive service in support of operational Gardaí on the ground and specialist units.

The Garda authorities have advised me that GASU is currently continuing ongoing trials with a number of Unmanned Aircraft Systems (Drones) and there is an internal Garda working group tasked with examining the wider potential and scope to use drones to assist in various policing operations. The working group is chaired by Superintendent, Operational Support Services under the direction of Assistant Commissioner, Organised and Serious Crime. 21 drones have been procured by GASU for evaluation, training and possible future operational use in the Garda Air Support Unit.

As the Deputy will be aware, it is envisaged that the Garda Síochána (Digital Recording) Bill will provide a legal basis for the wider operational deployment of drones by An Garda Síochána in future.

An Garda Síochána

Questions (429)

Paul Donnelly

Question:

429. Deputy Paul Donnelly asked the Minister for Justice if she will provide a report on Garda Operation Canter; and if this operation is still active. [32345/23]

Written answers

Minister for Justice

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 operational policing matters. As Minister, I have no role in these independent functions.

I am advised that Operation Canter was established in November 2019 to target drug dealing, criminality and anti-social behaviour in the areas of Sherriff Street, Amiens Street, Gloucester Place, Rutland Street, Summerhill Parade, Sean O' Casey Avenue, Matt Talbot Court, Ballybough Road and East Wall, Dublin 3. Operation Canter is an ongoing, active operation.

I understand that Operation Canter comprises two Sergeants and 10 Gardaí, seconded from Store Street and Mountjoy Garda Stations, and the operation is supported by members attached to the Community Policing Unit, the Divisional Drugs Unit, District Detective Unit, Divisional Traffic Unit, Core Units, the Criminal Intelligence Office and Criminal Assets Profiling Unit.

An Garda Síochána continues to positively engage with key stakeholders such as the Local Community Safety Partnership, Dublin City Council, and various Youth Diversion Projects such as SWAN, Belvedere Youth Club, Ballybough Youth Project, and is the lead agency in the ongoing successful ‘Bridge Project’ to tackle anti-social behaviour at the Samuel Beckett and other bridges crossing the River Liffey during the summer months.

Finally, I can assure the Deputy that the Government is committed to tackling anti-social behaviour and a number of priority actions are contained in the Programme for Government and Justice Plan 2023 to reduce instances of such behaviour and help people to be safe and feel safe in their local communities. Justice Plan 2023, published earlier this year, will continue my Department’s focused commitment to working with An Garda Síochána, local communities and wider society to eliminate such behaviour and support community safety into the future.

An Garda Síochána

Questions (430)

Paul Donnelly

Question:

430. Deputy Paul Donnelly asked the Minister for Justice if she will report on Garda Operation Irene; the amount of alcohol seized under this operation; and the number of persons arrested and charged under this operation, in tabular form. [32346/23]

Written answers

Minister for Justice

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 operational policing matters. As Minister, I have no role in these independent functions.

I am, however, advised by the Garda authorities that Operation Irene is implemented every year throughout the Dublin Metropolitan Region. For 2023, the Operation runs from 1 June to 31 August.

I am further advised that this is a multi-agency operation with the key objective to prevent and detect anti-social behaviour, combat underage alcohol consumption and the consumption of alcohol in public places through the enforcement of legislation regulating the sale, supply and consumption of alcohol. The aim of the operation is to enhance community safety and confidence.

An Garda Síochána works in conjunction with the various Local Authorities across Dublin and other stakeholders including the transport authorities, local resident associations and local businesses to identify key areas where people congregate during the summer months. These areas are policed by both high visibility patrols and plain clothes Gardaí to ensure the public’s safety and peaceful enjoyment of local amenities.

I am further advised by the Garda authorities that specific details in relation to this operation are not disclosed for operational reasons.

Immigration Status

Questions (431)

Catherine Connolly

Question:

431. Deputy Catherine Connolly asked the Minister for Justice the status of two applications for admission to Ireland under the Afghan admission programme (details supplied). [32363/23]

Written answers

Minister for Justice

The persons referred to by the Deputy made applications which were received by my Department on 10 February 2022 and 01 March 2022 respectively.Processing of these applications is ongoing at present. As each application is examined under it's own merits, we are unable to give an exact time-frame for completion.We are fully aware that every applicant to the programme has serious concerns for the welfare of their family members and are endeavouring to process all applications as thoroughly and quickly as possible.The applicants will be contacted in writing as soon as a decision has been reached.

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 ([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 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.

Courts Service

Questions (432)

Jim O'Callaghan

Question:

432. Deputy Jim O'Callaghan asked the Minister for Justice to provide an update on the current, or planned, involvement of her Department and the Courts Service of Ireland with the Department of Enterprise, Trade and Employment on the arrangements for Ireland’s participation in the Unified Patent Court, including logistics for establishing a local division of the court; and if she will make a statement on the matter. [32364/23]

Written answers

Minister for Justice

In June 2022, the Government reaffirmed its commitment to participate in the European Unitary Patent system and Unified Patent Court (UPC) and to hold a constitutional referendum to enable Ireland to do so. Should such a measure be ratified, establishment arrangements will fall within the remit of the Department of Enterprise, Trade and Employment. My Department will of course work with that Department and other agencies as required in support of such arrangements.

Visa Applications

Questions (433)

Bernard Durkan

Question:

433. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of applications for visas in the case of persons (details supplied); and if she will make a statement on the matter. [32368/23]

Written answers

Minister for Justice

The persons referred to by the Deputy created on-line Join Family visa applications on 07 July 2022. The supporting documentation and relevant fees were applied on 27 September 2022 in the Pretoria visa office. These visa applications were received in our Dublin Visa Office for further processing on 01 November 2022.

Processing of these applications is ongoing at present. As each application is examined under it's own merits, we are unable to give an exact time-frame for completion. However, the applicants can be assured that there will be no avoidable delay in finalising their applications, and will be notified as soon as a decision has been reached by a Visa Officer.

The Visa office Dublin are currently processing applications of this type received on the 08 September 2022. Applicants can keep up-to-date with the dates the Visa Office in Dublin are processing by checking the following page; which is updated weekly; www.irishimmigration.ie/visa-decisions/Applicants are advised not to pay for airline or other travel tickets without having first been issued with a visa.

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 ([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 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.

Question No. 434 answered with Question No. 425.

Prison Service

Questions (435)

Jim O'Callaghan

Question:

435. Deputy Jim O'Callaghan asked the Minister for Justice for an update on the ability of prisoners in Castlerea Prison to receive visits from family members; and if she will make a statement on the matter. [32393/23]

Written answers

Minister for Justice

I wish to advise the Deputy that one of the core values of the Irish Prison Service is to endeavour to assist prisoners, where possible and appropriate, to maintain relationships with their families.

In accordance with the Prison Rules, all prisoners are entitled to receive by prior appointment not less than one visit from relatives or friends each week of not less than 30 minutes duration. All prisoners in custody have a visitor panel and phone contact panel. It is up to each prisoner to identify the persons that they place on each panel.

Each prison has a dedicated telephone line, operated during visiting hours, for the public to make contact and book an appointment to visit. There is also an option for families to request a visit through the online request system, accessible through the Irish Prison Service website.

The Irish Prison Service also provide family-friendly training to ‘front of house’ staff, which aims to improve staff awareness of the effects of imprisonment on families and allows staff to appropriately support families and children visiting prisons.

My officials in the Irish Prison Service have informed me that visits to prisoners in the Grove Area of Castlerea take place on a Saturday only, and on Saturday 24 June all family visits were cancelled due to staff shortages. There were 12 visits planned, and all visitors and prisoners were contacted by the prison on the previous evening.

I have been further advised that the cancellation of visits due to staff shortages is infrequent and Prison Governors only cancel visits when there is no other option.

Legislative Programme

Questions (436)

Catherine Connolly

Question:

436. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 131 of 26 April 2023, the timeline for the publication of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022; the timeline for Ireland to fully ratify the Second Optional Protocol to the UN Convention on the Rights of the Child; and if she will make a statement on the matter. [32531/23]

Written answers

Minister for Justice

The 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 were included in the General Scheme of the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023, 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/ .

I am committed to publishing the Bill in mid-July 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.

Question No. 437 answered with Question No. 422.