Written Answers Nos. 833-847
834. Deputy Jim O'Callaghan asked the Minister for Justice whether subscription racing channels will be able to continue after the enactment of the Gambling Regulation Bill; and if she will make a statement on the matter. [36256/23]
View answerThe Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in person perspective. The Gambling Regulation Bill 2022 sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na hÉireann, the Gambling Regulatory Authority of Ireland – and for a robust regulatory and licensing regime to regulate gambling in-person and online, and for the regulation of gambling advertising, websites and apps. A key focus of the Bill is to protect children and vulnerable people from the harms associated with gambling. As you are aware, the Bill includes restrictions on gambling advertising and on sponsorship by gambling service providers. As the Deputy may be aware, the Bill completed Committee Stage in Dáil Éireann on 11 July 2023.
The Bill will not prevent or prohibit the operation of subscription or other sports media channels.
In May 2022, the Joint Oireachtas Committee on Justice published its report of its pre-legislative scrutiny of the General Scheme of the Bill and recommended the introduction of a pre-watershed ban on all forms of gambling advertising without exception. Consistent with that recommendation, section 141 of the Bill provides for a watershed prohibiting the broadcast of gambling advertising on television, radio and on audio-visual media services between the hours of 5:30am and 9:00pm, with a focus on protecting children from the widespread proliferation of gambling advertising across these forms of media.
In addition to the watershed provisions, the Bill provides for a wide-ranging power to allow the Authority to prescribe the times, place and events where gambling advertising can be broadcast, displayed or published, and allows the Authority to specify the frequency which advertising can be broadcast, the duration of advertisements, and the volume / amount of advertisements that can be shown. This power will allow the Authority to address the issue of gambling advertising on social media, online and on traditional media such as on television, radio, in publications and outdoor advertising such as billboards, etc.
Furthermore, the Bill prohibits persons from advertising, or causing another person to advertise, a relevant gambling activity on an on-demand audio-visual media service or by any other means of electronic communication (including on a video-sharing platform, a social media website, by telephone, text message or email) to another person, unless that person has consented to such advertising.
835. Deputy Brendan Howlin asked the Minister for Justice if resident non-nationals who serve in the Defence Forces for a number of years must pay citizenships fees if they then apply; and if she will make a statement on the matter. [36271/23]
View answerThe 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).
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 based on the length of residency in the State.
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.
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.
836. Deputy Catherine Murphy asked the Minister for Justice if her officials or any other competent body audits information provided by An Garda Síochána to the Road Safety Authority to ensure that the data is accurate (details supplied). [36296/23]
View answerI have sought the information requested by the Deputy from An Garda Síochána, and will contact him again when this is to hand.
837. Deputy Carol Nolan asked the Minister for Justice the measures her Department is taking to fulfil the statutory obligation to return a person refused entry permission to the State as soon as is practicable; if, where 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 number of times persons have been returned on the next available flight during the period 2011 to date; and if she will make a statement on the matter. [36301/23]
View answerThe State has a duty to protect its borders and following examination, ensure that all arriving passengers are entitled to enter the State. This is a fundamental exercise of State sovereignty, which is necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is at all times subject to the law and to respect for individual rights.
The Border Management Unit (BMU) of my Department has responsibility for frontline immigration duties at Dublin Airport only. Other ports of entry are the responsibility of the Garda National Immigration Bureau (GNIB).
When a person is refused leave to land at Dublin airport, the Immigration Officer will arrange for the person to be referred to the Garda National Immigration Bureau (GNIB) for removal from the State.
I have sought the information requested from the Garda Commissioner and I will write to the Deputy directly once the information is to hand.
838. Deputy Alan Kelly asked the Minister for Justice if she will provide a breakdown of the details of all new Garda stations built or existing Garda stations refurbished since 1 June 2021, in tabular form. [36319/23]
View answer881. Deputy Jim O'Callaghan asked the Minister for Justice to provide a breakdown, on a division basis, of all new Garda stations built or existing stations refurbished since the formation of this Government, in tabular form; and if she will make a statement on the matter. [37001/23]
View answerI propose to take Questions Nos. 838 and 881 together.
I have contacted An Garda Síochána for the information requested by the Deputy, regretfully this information was not available in time. I will write to the Deputy once the information is to hand.
839. Deputy Alan Kelly asked the Minister for Justice the closing dates for applications to apply for the position of director of licensing and director of technology for the Gambling Regulatory Authority of Ireland. [36320/23]
View answerThe Public Appointments Service is managing the recruitment of senior staff for the Gambling Regulatory Authority of Ireland.
The closing date for applications for the position of Director of Licensing was 22 June for the position of Director of Technology/Digital First the closing date was 20 July.
Further positions are expected to be advertised for recruitment in the coming months.
840. Deputy Bernard J. Durkan asked the Minister for Justice when a person (details supplied) will be eligible for citizenship; and if she will make a statement on the matter. [36346/23]
View answerThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.
Applicants are required to have 5 years reckonable residence in the State prior to making an application, except for spouses of Irish nationals where the requirement is 3 years. In both cases, the final 12 months must be continuous residence in the State.
It is open to the person to make an application for citizenship once the meet the criteria as set out in the1956, as amended. Once an application is received a determination on whether an applicant satisfies the statutory criteria for naturalisation will be made.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/
841. Deputy Bernard J. Durkan asked the Minister for Justice if a transfer from stamp 2 to stamp 4 will be accommodated in the case of a person (details supplied); and if she will make a statement on the matter. [36349/23]
View answerBased on the information provided, it has not been possible to identify the person referred to by the Deputy.
If more information can be provided, my Department would be happy to re-examine your request.
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.
843. Deputy Patrick Costello asked the Minister for Justice if the Courts and Civil Law (Miscellaneous Provisions) Bill 2022, when enacted, will be used to clear the backlog of citizenship applications; and if she will make a statement on the matter. [36356/23]
View answerThe Deputy will be aware that the Courts and Civil Law (Miscellaneous Provisions) Act 2023 recently passed all stages in the Oireachtas and was signed into law by the President on 5 July. The relevant provisions will be commenced as soon as possible.
The Act makes a number of amendments to the Irish Nationality and Citizenship Act 1956 Act relating to naturalisation of children born in the State, citizenship ceremonies and other matters. Section 8 sets out a clear and specific procedure that will apply where a citizenship application is made for a child. It reduces from five to three the number of years residence required for a child born in the State to become eligible for citizenship by naturalisation. This will allow children who are currently on a pathway to Irish citizenship to obtain that status at an earlier stage.
The Act also clarifies the ‘continuous residence’ requirement for all persons applying for naturalisation.
In addition to the new statutory provisions, there are significant changes underway within the naturalisation process as the Citizenship Division examines how it can reduce the backlogs that have arisen largely due to the legacy of restrictions imposed on staff attendance in the office during the pandemic. The Act, in conjunction with these changes should have an impact on applications being received by Citizenship Division, which will allow resources to be maximised to processing of existing applications
Finally, I can advise the Deputy that the Citizenship Division of my Department intends to regularly communicate with all applicants on a quarterly basis into the future, to keep them updated on the status of their application.
844. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the status of an application (details supplied); and if she will make a statement on the matter. [36358/23]
View answerAn application for Temporary and Limited Leave to Remain (Stamp 0) from the person referred to by the Deputy was refused by the Immigration Service of my Department on 18 July 2023.
It is open to applicant referred to by the Deputy to make a further application for Temporary and Limited Leave to Remain. In submitting any new application the applicant should be mindful of the reasons for refusal of their previous application.
If the person concerned wishes to work in the State, they must apply for an employment permit from the Department of Enterprise, Trade and Employment.
If a person remains resident in the State without an immigration permission I encourage them to contact the Immigration Service Delivery (ISD) or their local immigration office and to take all the appropriate steps to regularise their status.
Any application submitted should explain their current circumstances and future intentions in the State and provide any documentation they feel will support their application.
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.
845. Deputy Fergus O'Dowd asked the Minister for Justice if she will provide a time scale for when she will bring forward amending legislation on coercive control by persons who are not intimate or former intimate persons as indicated by her in Seanad Éireann on 5 July 2023; and if she will make a statement on the matter. [36359/23]
View answerAs the Deputy will be aware, combating all forms of domestic, sexual and gender based violence has been a priority for me since my appointment as Minister for Justice and is a priority for this Government. Last year we published our third national strategy on domestic, sexual and gender based violence. This zero tolerance plan is our most ambitious to date and a detailed implementation plan containing 144 actions was published alongside it which will run to the end of this year. Further implementation plans will be published for each subsequent year of the Strategy.
As part of implementing the second national strategy, and in preparation for ratification of the Istanbul Convention, Ireland introduced the Domestic Violence Act 2018 which, among other things, provided for the offence of coercive control in Irish law.
It is worth noting that section 6 of the 2018 Act also provides for the making of an application for a safety order by one adult in respect of another adult residing at the same location, provided their relationship is not a contractual one. Where such an application is made, and provided the Court is of the opinion that there are reasonable grounds for believing that the safety or welfare of the applicant or a dependent person so requires, it can make an order prohibiting the respondent to the application from doing one or more of the following:
(a) using or threatening to use violence against, molesting or putting in fear, the applicant or the dependent person;
(b) if he or she is residing at a place other than the place where the applicant or that dependent person resides, watching or besetting a place where the applicant or the dependent person resides;
(c) following or communicating (including by electronic means) with the applicant or the dependent person. I would urge anyone who is concerned for their safety to reach out for help and support.
I would urge anyone who is concerned for their safety to reach out for help and support.
The introduction of a specific offence of coercive control, as was provided for in section 39 of the Domestic Violence Act, rightly recognises the reality that behaviours in a domestic setting that involve emotional abuse, humiliation and fear can be as harmful to victims as physical abuse, because they are an appalling violation of the unique trust associated with an intimate relationship.
Creating a specific offence of coercive control sent a clear, consistent message that non-violent control in an intimate relationship is criminal. While this offence is still relatively new in legislative terms, the prosecutions and convictions to date will hopefully encourage anyone who may be a victim of this crime to come forward and seek help. For those who perpetrate this crime, the message is also clear –they cannot act with impunity. It is hoped that as more convictions follow, other victims of coercive control will feel confident to come forward.
In relation to broadening the offence of coercive control so that it applies to people who are in family relationships more generally (i.e. not just in intimate relationships), as I stated previously, the question of the most appropriate way to provide any further necessary protections is something that I am open to examining in conjunction with relevant bodies, including An Garda Síochána and the DPP. How this might be approached will be considered in the context of the upcoming work to prepare the next implementation plan for the third national strategy which will be agreed before the end of the year.
846. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the status of an application (details supplied); and if she will make a statement on the matter. [36364/23]
View answerI can advise the Deputy that the application referred to was created on the 30 January 2023. Supporting documentation was received in the Madrid office on the 21 April 2023. The application was received in the Dublin visa office on the 5 May 2023, where it awaits 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 applicant 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.
847. Deputy Robert Troy asked the Minister for Justice if a citizenship certificate will be issued without delay and sent to an applicant (details supplied) whose citizenship was granted at a ceremony in Killarney on 19 June 2023. [36365/23]
View answerI am advised by the Citizenship Division of my Department that a Certificate of naturalisation for the person referred to by the Deputy is currently being printed and will issue by registered post shortly.
At present Certificates of Naturalisation are being posted to successful applicants after they attend a Ceremony and perform their Oath of Allegiance rather than presenting them on the day of the ceremony.
My Department trialled this new format at the recent March Citizenship Ceremonies in the RDS. This had the aim to test the best means of increasing the number of ceremonies annually in order to naturalise more applicants more frequently.
