Written Answers Nos. 522-535
522. Deputy Colm Burke asked the Minister for Justice what action is being taken to reduce the waiting time for the processing and completion of e-vetting applications for applicants of the Irish citizenship by naturalisation application process; and if she will make a statement on the matter. [34801/23]
View answerMy Department acknowledges that delays in processing times can be very frustrating and disruptive to applicants for naturalisation.
The backlogs currently being experienced are an unfortunate legacy of the pandemic when staff could only attend the office in a limited capacity. The paper based nature of the application process means it was very difficult to process files during that time.
I would like to assure you that Citizenship Division is committed to reducing how long applicants have to wait for a decision while addressing the backlog as quickly as possible and improving its customer service.
There are currently significant changes underway as the Division examines how it can become more efficient. One of the improvements that has become visible recently has been the reduction in wait times for files to be registered. Last year it took on average about 7 months for a file to be acknowledged. This year it is done in a matter of weeks. A related improvement is that Garda vetting is now carried out earlier in the naturalisation process to help improve processing efficiency.
To ensure older files are also progressing under the new system my Department has recently written to 13,000 applicants with electronic links to commence eVetting. Over the past two months around 3,000 of these vetting files have been progressed and significant work in underway to ensure the remaining vetting is completed in the coming months with the aim of issuing invites to applicants for citizenship ceremonies by the end of this year.
Insofar as vetting arrangements generally are concerned, as the Deputy will be aware, this is carried out by An Garda Síochána in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 - 2016.
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.
523. Deputy Peadar Tóibín asked the Minister for Justice the number of persons coming through the North of Ireland to apply for asylum in this jurisdiction in each of the past five years. [34814/23]
View answerThe table below provides the breakdown of the number of international protection applications recorded between 2019 and to 1st July 2023 by “initial place of application”. Information on how a person enters the country when not through a designated port is not recorded.
IP Applications - Place of Application
|
Year of Application |
IPO |
Airports |
Ports |
Other |
Total |
|
2019 |
2276 |
2383 |
9 |
113 |
4781 |
|
2020 |
1239 |
284 |
4 |
39 |
1566 |
|
2021 |
2101 |
514 |
9 |
25 |
2649 |
|
2022 |
8824 |
4770 |
33 |
24 |
13651 |
|
2023 |
4084 |
1359 |
9 |
18 |
5470 |
Broadly speaking, the circumstances in which someone may present at the International Protection Office in Dublin to apply for international protection includes coming through a port legally and subsequently applying for international protection, coming across a land border, or when someone who has been residing in the country subsequently elects to apply for international protection.
524. Deputy Holly Cairns asked the Minister for Justice whether there are plans to legislate to change the requirement for individuals taking up certain public offices in the State, including President and judge, to swear a religious oath; and if she will make a statement on the matter. [34825/23]
View answerArticles 12.8, 31.4 and 34.6.1° of the Constitution respectively prescribe the wording of a declaration to be made by a person taking up office as President, as a member of the Council of State, and as a judge. The declarations contain religious references. Any amendment to these provisions would require a referendum.
525. Deputy Noel Grealish asked the Minister for Justice the number of persons who re-offended while released on bail for other alleged crimes in each of the past three years, by type of crime allegedly committed while on bail, by county, in tabular form; and if she will make a statement on the matter. [34829/23]
View answer526. Deputy Noel Grealish asked the Minister for Justice the number of crimes that were recorded in which the suspected offenders were on bail, in each of the past three years, by category of crime involved, by county, in tabular form; and if she will make a statement on the matter. [34830/23]
View answerI propose to take Questions Nos. 525 and 526 together.
I have asked An Garda Sìochàna if it is possible to provide the information request by the Deputy. Unfortunately it has not been possible to confirm this within the timeframe allowed.
I will revert to the Deputy with any relevant information upon receipt.
527. Deputy Noel Grealish asked the Minister for Justice if the Government will consider steps to further restrict the granting of bail to serial or repeat offenders; and if she will make a statement on the matter. [34832/23]
View answerAs I am sure the Deputy appreciates, the restricting of a person’s liberty is a serious issue, given the Constitutional presumption that a person is deemed innocent until proven guilty in a court of law.
While the State’s bail laws do provide for the refusal of bail in certain circumstances, the presiding Judge is entirely independent in the exercise of their judicial functions and the decision to grant bail in a particular case is solely a matter for the Judge.
As previously conveyed to the Deputy, the Bail Act 1997 followed on foot of the 1996 referendum on a proposed amendment to the Constitution enabling a court to refuse bail for a person charged with a serious offence to prevent the risk of another serious offence being committed while on bail. Since then, the State’s bail laws were further strengthened, specifically by the Criminal Justice Act, 2007, the Criminal Justice Act, 2015, and the Criminal Justice Act, 2017.
In considering whether to refuse bail under the 1997 Act, the Court is required to have regard to persistent serious offending by an applicant, any convictions for offences that were committed while on bail and, in specific circumstances, the nature and likelihood of any danger to a person or to the community from granting bail.
The 2007 Act provides that when a person is admitted to bail, there is a mandatory condition that the accused not commit an offence while on bail. The commission of an offence while released on bail is an automatic breach of one of the conditions of bail and may result in the issue of a bench warrant for the accused’s arrest.
The 2017 Act provides for stricter bail terms for repeat serious offenders, including the use of curfews and strengthens Garda powers to deal with breaches of bail. If an individual fails to comply with any bail conditions, the Judge will issue a bench warrant and this gives An Garda Síochána power to arrest and bring the person before the Court to answer all charges relating to the bail.
In the event of a breach of High Court bail, the defendant must be brought before the Court as soon as practicable for a revocation hearing. A breach of bail may also result in an additional charge and an order against the defendant and/or their surety for the ‘forfeiture and estreatment’ of the bail money.
528. Deputy Noel Grealish asked the Minister for Justice if she will consider steps to restrict the granting of free legal aid to serial or repeat offenders; and if she will make a statement on the matter. [34833/23]
View answer529. Deputy Noel Grealish asked the Minister for Justice the number of persons who have been granted free legal aid, by category of offence; the number of times these persons have availed of free legal aid previously; the number of previous convictions; the cost of each in the past five years; and if she will make a statement on the matter. [34834/23]
View answer530. Deputy Noel Grealish asked the Minister for Justice the number of persons who have been granted free legal-aid in County Galway, by category of offence; the number of times these persons have availed of free legal aid previously; the number of previous convictions; the cost of each in the past five years; and if she will make a statement on the matter. [34835/23]
View answer531. Deputy Noel Grealish asked the Minister for Justice the cost of providing free legal aid over each of the past five years, by county; the average cost per alleged offender; the total payment to legal practitioners; the average payment to legal practitioners, over the same period; and if she will make a statement on the matter. [34836/23]
View answerI propose to take Questions Nos. 528, 529, 530 and 531 together.
It 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.
|
Year |
Expenditure |
|
2018 |
€64.8 million |
|
2019 |
€65.1 million |
|
2020 |
€62.2 million |
|
2021 |
€73.4 million |
|
2022 |
€76.4 million |
|
2023 |
€36.3 million (end of Ma |
|
- |
2018 |
2019 |
2020 |
2021 |
2022 |
|
Solicitors |
32.8M |
34.4M |
32.2M |
40.2M |
40M |
|
Counsel |
24.4M |
23.1M |
23.3M |
27.9M |
28.9M |
532. Deputy Bríd Smith asked the Minister for Justice if there are plans to scrap the detaining of asylum seekers in Cloverhill Prison, or any prison, prior to deportation as soon as possible given that they have not committed a crime; her views on the criticism of this practice by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and on two occasions by the UN Committee against Torture which found that a prison is by definition not a suitable place in which to detain someone who is neither suspected nor convicted of a criminal offence; and if she will make a statement on the matter. [34839/23]
View answerDetention of a person refused entry to the State or a person who is subject to a deportation order, is only undertaken as a last resort. The considerations for a detention decision include the level of risk of absconding, whether the person poses a threat to public security, or whether the individual has committed a serious crime. These matters are currently the subject of review in my Department.
There is a statutory obligation to return a person refused entry permission as soon as is practicable. When a person is refused leave to land at an airport, the priority is to return them on the next available return flight to the last point of embarkation. The reason for this is to avoid detaining people where possible. Staff have been trained on issues of vulnerability, including with regard to detecting if a person may be a victim of trafficking or if a person is in need of International Protection. People in these categories will not be returned and they are not detained.
I wish to advise the Deputy that alternatives to detention, such as a requirement to report to a Garda Síochána station or a requirement to reside in a specified place, are routinely used by immigration authorities in Ireland.
533. Deputy Michael Ring asked the Minister for Justice the number of personnel in her Department at Principal Officer level or above who, on retiring from that position, were subsequently appointed to a State or semi-State board over the past ten years. [34927/23]
View answerThe information requested by the Deputy is not held by my Department.
The nomination and appointment processes for boards of bodies under the aegis of my Department are set out in legislation.
In line with Government Decision S180/20/10/1617 of 2014 and Guidelines set out by the Department of Public Expenditure, NDP Delivery and Reform, my Department, in conjunction with the Public Appointments Service (PAS) currently advertises for board vacancies as they arise, where I, as Minister for Justice, have nominating rights under relevant legislation.
I also appoint members on the nomination of various bodies, again in accordance with the relevant legislation. PAS campaigns for board members set out the skills and criteria required for positions on boards and are not solely based on the current or former occupation of applicants, except where certain skills or experience are defined in legislation as requirements.
For the Deputy's information, details of the individuals serving on State Boards under the remit of my Department are published on the Gov.ie website at:
membership.stateboards.per.gov.ie/department/Department%20of%20Justice/.
534. Deputy Holly Cairns asked the Minister for Justice whether her Department has considered extending the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 to minor crimes such as shoplifting which were committed outside the State; and if she will make a statement on the matter. [34964/23]
View answerAs the Deputy will be aware, the Programme for Government commits to reviewing the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 and to broaden the range of convictions that are considered spent. As part of this review process, a public consultation on spent convictions was launched by my Department in October 2020.
Bespoke research on the approach to spent convictions internationally was also commissioned. Based on the outcome of that consultation and other submissions received, as well as the international research, my Department has compiled a report aimed at identifying and assessing the possible implications of amending the 2016 Act, so that the fairest possible outcomes can be achieved for the public.
This matter and report remain under consideration at this time, as due consideration is also being given to the Justice Plan 2023 objective to support the work of the Oireachtas in order to progress the Criminal Justice (Rehabilitative Periods) Bill 2018. This Private Member’s Bill proposes to amend and considerably extend the above mentioned 2016 Act.
535. Deputy Catherine Murphy asked the Minister for Justice if she will provide an update in respect of a citizenship application (details supplied); if her attention has been drawn to delays in the processing of 2020, 2021 and 2022 applications whereas 2023 applications are being expedited; and if she will provide, in tabular form, the number of open applications in each of the years 2020 to date in 2023. [35032/23]
View answerThe 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.
Significant changes are underway within the naturalisation process as the Citizenship Division examines how it can become more efficient. As the Division moves from its old processing structure to a new model there may seem to be variation in how it processes files i.e. how long it takes to register, process and grant decisions. This will not disadvantage older applications and will ultimately help reduce how long it takes to process all applications in the system.
One of the improvements that has become visible recently has been the reduction in wait times for files to be registered. Last year it took on average about 7 months for a file to be acknowledged. This year it is done in a matter of weeks. A related improvement is that Garda vetting is now carried out earlier in the naturalisation process to help improve processing efficiency.
To ensure older files are also progressing under the new system my Department has recently written to 13,000 applicants with electronic links to commence eVetting. Over the last two months around 3,000 of these vetting files have been progressed and significant work in underway to ensure the remaining vetting is completed in the coming months with the aim of issuing invites to applicants for citizenship ceremonies by the end of this year.
To date in 2023, 6,061 naturalisation certificates have already issued and I can further advise the Deputy that approximately 8,700 of the applications on hand have in fact received a positive decision and are now in the process of making their final payment and/or being scheduled to attend a citizenship ceremony.
Our expectation is that applicants from each of the years below will be amongst those invited to citizenship ceremonies over the course of 2023.
My Department intends to communicate with all applicants on a quarterly basis to provide regular updates on progress in this regard.
Please see below table which shows applications on hand for each of the years referenced,
|
Year |
Applications |
|
2020 |
1,035 |
|
2021 |
5,510 |
|
2022 |
16,435 |
|
2023* |
7,178 |
|
Total |
30,158 |
*The 2023 figure is up to 30 June 2023.
