Written Answers Nos. 681-700
681. Deputy Colm Burke asked the Minister for Justice to outline in detail the progress that has been made to date in respect of having a single application process for employment permits and entry visa applications; the progress that has been made to date by the interdepartmental group established between her Department and the Department of Enterprise, Trade and Employment to review the matter; and if she will make a statement on the matter. [39773/23]
View answerI can advise the Deputy that, since January 2023, work has been underway to examine reform of the current system whereby employment permits and immigration permissions are dealt with separately. This reform is 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.
Membership of the Interdepartmental Working Group (IDWG) comprises representatives from the Department of Justice; the Department of Enterprise, Trade and Employment; the Department of Social Protection; the Department of Housing, Local Government and Heritage; the Department of Further and Higher Education, Research, Innovation and Science; the Department of the Taoiseach and an Garda Síochána. Chaired by the Department of Justice, the group has met four times in since March 2023. The fifth meeting will take place at the end of September.
The Interdepartmental 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 IDWG intends to report back to Government with an implementation plan and associated timelines before the end of the 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.
682. Deputy Peadar Tóibín asked the Minister for Justice if she will outline, notwithstanding the Council Implementing Decision (EU) 2022/382, her plans to put in place a recording system of the number of Ukrainian refugees who have transferred or sought a transfer to Ireland from another EU Member State, having originally sought protection in that state; the country from which they transferred or sought a transfer; their reasons for doing so; and if she will make a statement on the matter. [39824/23]
View answerI can advise the Deputy that under the Council Implementing Decision (EU) 2022/382 persons fleeing the war in Ukraine, and who meet the criteria set out in that decision, are entitled to make an application for Temporary Protection in any Member State, including where they have previously received protection in another Member State.
Comprehensive data on the number of people who have applied for Temporary Protection in Ireland subsequent to having sought it elsewhere is not available. My Department has begun to collect information in this regard to aid our understanding and for information purposes.
683. Deputy Niall Collins asked the Minister for Justice when a person (details supplied) will have their naturalisation application decided; and if she will make a statement on the matter. [39825/23]
View answerThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department.
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.
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.
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.
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: 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 e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
684. Deputy Niall Collins asked the Minister for Justice the status of a visa application by a person (details supplied); and if she will make a statement on the matter. [39861/23]
View answerI can advise the Deputy that the application referred to was created on the 11 July 2022. Supporting documentation was received on the 23 February 2023. The application was received in the Dublin Visa Office on the 31 March 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.
685. Deputy Pa Daly asked the Minister for Justice the current average allocation of unused annual leave for all members of An Garda Síochána; and if she will make a statement on the matter. [39888/23]
View answerAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for all matters relating to HR matters within An Garda Síochána, including Garda annual leave. As Minister, I have no role in such matters.
I am advised by the Garda authorities that while the Roster and Duty Management System (RDMS) does contain information on members annual leave entitlements, the system is not fully deployed throughout the organisation and consequently does not contain data on all members.
I am further advised by An Garda Síochána that a return from each Garda Division would require a disproportionate amount of Garda time and resources to compile.
686. Deputy Catherine Connolly asked the Minister for Justice to detail the offence that is punishable by imprisonment in Ireland for a maximum period of at least one year referred to in a document (details supplied), in light of the fact that Ireland does not and has never maintained a conscription regime, or imposed any legal obligation to serve in the armed forces; and if she will make a statement on the matter. [39890/23]
View answerI can inform the Deputy that my Department has clarified publicly that the document she has referenced is a fake. It did not issue from my Department, nor would such letter ever issue from the Department notifying an individual that an extradition request has been received relating to them.
687. Deputy Peadar Tóibín asked the Minister for Justice if she is aware of any letters which purport to be issued from her Department seeking the extradition of military age men from Ukraine who have sought refuge in Ireland under the Temporary Protection Directive; if she or her Department has ever received correspondence from Ukrainian authorities with regard to the extradition of military-age men who sought refuge in Ireland; if she will provide a breakdown for 2022 and to date in 2023 of the number of military-age men from Ukraine who have sought refuge in Ireland under the Temporary Protection Directive as qualifying for an exemption from military service; and if she will make a statement on the matter. [39896/23]
View answerI can inform the Deputy that my Department has clarified publicly that the document he has referenced is a fake. It did not issue from my Department, nor would such letter ever issue from the Department notifying an individual that an extradition request has been received relating to them.
In relation to the Deputy's query regarding a breakdown for 2022 and to date in 2023 of the number of "military-age men" from Ukraine who have sought refuge in Ireland under the Temporary Protection Directive as qualifying for an exemption from military service, I can advise that my Department does not hold the information in the manner sought.
688. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application to the undocumented scheme in the case of a person (details supplied), whose vetting was completed on 29 April 2022; and if she will make a statement on the matter. [39964/23]
View answerI am pleased to informed the Deputy that an application from the person concerned under the Regularisation of Long Term Undocumented Migrants scheme was approved on 12 September 2023.
The person concerned should make arrangements to register their permission with their local immigration office as soon as possible, if they have not already done so.
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.
689. Deputy Darren O'Rourke asked the Minister for Justice the number of Garda mountain bikes allocated to each Garda district within the Meath division as of 5 September 2023, in tabular form. [39972/23]
View answerThe Deputy will be aware that, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes the management of the Garda Fleet. The allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. As Minister, I have no role in these independent functions.
I have contacted the Garda authorities for the information requested by the Deputy, and am advised that the table below outlines the number of mountain bikes allocated to each District within the Meath Garda Division.
|
DISTRICT |
MOUNTAIN BIKES |
|
Ashbourne |
8 |
|
Kells |
3 |
|
Trim |
3 |
|
Navan |
5 |
|
TOTAL |
19 |
Information is as of 5 September 2023 and is operational and subject to change.
690. Deputy Darren O'Rourke asked the Minister for Justice the number of sexual offences reported to gardaí within the Meath division in the years of 2022 and to date in 2023, in tabular form. [39973/23]
View answerAs the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics. The CSO produces these statistics using data recorded on An Garda Síochána’s PULSE system and makes regular releases under reservation in relation to various crime statistics. The CSO also continues to work with An Garda Síochána to address quality issues in the underlying sources used to compile the statistics.
The CSO publish statistics for Sexual Offences at Garda Divisional level from Q1 2003 through Q1 2023 at the following location:
data.cso.ie/table/CJQ06
I am advised that the next quarterly release is due for publication in the coming weeks.
As the Deputy may also be aware, my Department is leading the implementation across Government of the Third National Strategy on Domestic, Sexual and Gender-based Violence which prioritises prevention and reduction and includes a National Preventative Strategy.
It has set an overall goal of zero tolerance in Irish society for domestic, sexual and gender-based violence. Built on the four pillars of the Istanbul Convention, the Strategy was accompanied by an implementation plan which runs to the end of this year, setting out 144 detailed actions assigned to various departments and agencies.
One of the priorities is a new, standalone State agency with responsibility for domestic, sexual and gender based violence, to be established in January 2024, which will be central to achieving our goal of zero tolerance.
Other key elements of the Strategy include:
• the doubling of the number of refuge places,
• expanding supports for victims,
• strengthening legislative provisions, and
• working to raise awareness of DSGBV and the supports available.
These reforms are focused on creating a more victim centred criminal justice system to ensure that victims, and in particular vulnerable victims, feel empowered to report crimes, and that when they do, they are fully supported at every stage of their interaction with our justice system.
The full implementation plan can be accessed here:
www.justice.ie/en/JELR/Supporting_a_Victims_Journey.pdf/Files/Supporting_a_Victims_Journey.pdf
691. Deputy Maurice Quinlivan asked the Minister for Justice if she will provide an update on the case of a child (details supplied), whose parents applied for a citizenship application which was refused due to the child not having five years' residency at the time of application; and if she will make a statement on the matter. [39978/23]
View answerThe Citizenship Division of my Department has advised that the correspondence issued on 1 September 2023 to the guardian referred to by the Deputy was issued in error.
While the Courts and Civil Law (Miscellaneous Provision) Act 2023 was enacted on the 31st July 2023, Citizenship Division were going through a transitional period to update and implement the changes.
Unfortunately during this time the application made on behalf of the child referred to by the Deputy was dealt with incorrectly. This error is greatly regretted.
The Citizenship Division have now written directly to the named guardian to apologise for the error and requesting the application form and documents be resubmitted and will be dealt with upon receipt to ensure no further delays to the processing are incurred.
692. Deputy Michael Healy-Rae asked the Minister for Justice if the Government will change the rules precluding refugees from working for six months (details supplied); and if she will make a statement on the matter. [39994/23]
View answerSince its introduction in June 2018, under the European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), over 18,000 first labour market access permissions have been granted.
With effect from 9 February 2021, the waiting period for labour market access for international protection applicants was reduced from 9 months to 6 months. The validity of the permission was also extended to 12 months from the date of issue. The permission may be renewed until a final decision is made on the person's international protection application.
The Department has undertaken a study of the experiences of international protection applicants in accessing the labour market, with a view to publishing the final report in due course. While the findings of that study will inform any future examination of current arrangements for access to employment for applicants for international protection, there are no plans at present to amend the current 6 month waiting period.
693. Deputy Violet-Anne Wynne asked the Minister for Justice the individual who is responsible for allocating specific Garda resources to an area on a given day; and if she will make a statement on the matter. [40043/23]
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 the distribution of Gardaí throughout the country.
I am, however, assured by An Garda Síochána that the distribution of resources is kept under constant review to ensure their best use. The Garda Síochána Analysis Service assists with data analysis to monitor crime trends and geo-map locations and times of crimes, to optimise the planned use of resources to combat crime.
The Deputy may be aware that a number of actions are in progress under A Policing Service For Our Future, the Government's implementation plan for the recommendations of the Commission on the Future of Policing in Ireland Report.
Rollout by the Garda Commissioner of the new Garda Operating Model is well underway, with seven of the now 21 divisions rolled out so far.
The model is designed to make changes to the structures of An Garda Síochána to provide for more frontline Gardaí, increased Garda visibility, and a wider range of policing services for people in their local area.
Each Division will, for the first time, have a Superintendent dedicated to Crime, a Superintendent dedicated to Governance and Performance Assurance, and a number of Superintendents in charge of Community Engagement. Each Community Engagement Superintendent will be responsible for community engagement, crime prevention, incident investigation, victim support, incident response, general visibility, engagement policing and community policing activities.
694. Deputy Paul McAuliffe asked the Minister for Justice if operational guidance has been issued to An Garda Síochána in relation to implementation of the Road Traffic and Roads Act 2023, in particular the new s.109A of the Road Traffic Act 1961. [40061/23]
View answerI have sought the information requested by the Deputy from An Garda Síochána, and will contact the Deputy again when this is to hand.
695. Deputy Catherine Murphy asked the Minister for Justice if there are plans to have 1400cc motorcycles in use in the Garda fleet; and the number of moped bikes in the fleet. [40118/23]
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 the procurement and allocation of Garda vehicles.
However, I am assured that the number and types of vehicles procured by An Garda Síochána is based on identified operational needs, the availability of resources and is reviewed on a continual basis.
I am advised by the Garda authorities that as of 14 September there are no moped bikes in the Garda fleet. I am also advised that there are currently no plans to have 1400cc motorcycles in use in the Garda Fleet.
696. Deputy Catherine Murphy asked the Minister for Justice the number of stables currently in use in the Garda mounted unit; and if there are any stables not being used but are available to be used in the Garda mounted unit. [40119/23]
View answerAs the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including all operational policing matters. As Minister, I have no role in these independent functions.
I am advised that there are 15 stables in the Garda Mounted Unit facility in Áras an Úachtaráin, Phoenix Park.
Two other locations are occasionally utilised by the Garda Mounted Unit when on extended patrols in Dublin City Centre and the horses require rest or feeding.
They are the Landmark Trust Mews, Merrion Square, (two standing stalls and two stables) and Dublin Castle (two standing stalls).
697. Deputy Joe Flaherty asked the Minister for Justice the status of a citizenship application (details supplied). [40132/23]
View answerThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department.
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.
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.
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.
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: 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 e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
698. Deputy Patrick Costello asked the Minister for Justice how many prisoners have been granted probation, but due to an inability of community-based probation teams to facilitate early release, have instead remained in prison, by institution, in each the past ten years in tabular form. [40163/23]
View answerProbation supervision is only one factor which is taken into account when a prisoner applies for temporary release.
Decisions regarding temporary release are made by me as Minister for Justice or on my behalf by designated senior officials in the Irish Prison Service. The legislative basis for temporary release is set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003. All applications for temporary release are assessed on a case-by-case basis. It is important to note that the safety of the public is paramount when decisions on temporary release are being made.
Before a final determination is made a number of factors are taken into account including -
• the nature and gravity of the offence to which the sentence relates
• the sentence concerned and any recommendation made by the Court in relation to the sentence imposed
• the person's previous criminal record
• the potential threat to the safety and security of the public should the person be released
• the risk that the person might commit an offence during any period of temporary release
• the risk of the person failing to comply with any of the conditions of temporary release
• any report or recommendation made by a Governor, the Probation Service or An Garda Síochána.
The tabular information requested by the Deputy is not available and the retrieval of same would require the examination of thousands of individual records by the Irish Prison Service.
The Probation Service will always endeavour to meet requests for supervised temporary release made by the Irish Prison Service and regularly reviews its caseload capacity in an effort to meet such requests
699. Deputy John Brady asked the Minister for Justice to provide an update on the status of an application for a Peace Commissioner by a person (details supplied); and if she will make a statement on the matter. [40212/23]
View answerPeace Commissioners are appointed by the Minister for Justice under Section 88 of the Courts of Justice Act 1924. The appointment of a Peace Commissioner is entirely at the discretion of the Minister for Justice and the fact that an applicant or nominee may be suitable for appointment does not, in itself, provide any entitlement to appointment as a Peace Commissioner because other factors, such as the need for appointments in particular areas, are taken into account.
While it would not be appropriate to comment on individual cases, I can inform the Deputy that my Department has contacted the individual concerned directly regarding his Peace Commissioner application.
700. Deputy Carol Nolan asked the Minister for Justice to provide details on the measures her Department has taken to implement specific action points (details supplied) of the action plan to support the National LGBTI+ Inclusion Strategy 2019-2021. [40236/23]
View answerAs the Deputy may be aware, in 2020 policy responsibility for the National LGBTI+ Inclusion Strategy 2019-2021 transferred from my Department to the Department of Children, Equality, Diversity, Integration and Youth. This includes many of the policy actions previously listed under my Department within the Strategy. However, I am pleased to update the Deputy on the initiatives within my Department which are in line with the actions under the 2019 - 2021 Strategy.
In 2022, my Department published its first Equality, Diversity and Inclusion (EDI) Strategy which underlines the importance of this to its mission of a safe, fair, more inclusive Ireland and provides clear milestones and a framework through which it will build on its ambition to be an inclusive organisation that values diversity. This Strategy strengthens the Department’s capabilities to promote equality and embrace diversity and is now the main framework for implementing the specific points in the national action plan, including encouraging and supporting staff networks and celebrating diversity initiatives/ multicultural events as well as to internal communication championing diversity and inclusion.
The Deputy has referenced a number of actions under the 2019 - 2021 Strategy:
My Department organises various events to highlight LGBTI+ visibility such as International Transgender Day Of Visibility. These events are highlighted in updates to staff to build awareness and confidence. In addition, the Department has a very active LGBTI+ Staff Network which organises inclusive events which are open to all. (Action 1.2)
My Department and its Network plays an active leadership role in Dublin Pride each year, encouraging participation by all colleagues. This year, the Department of Justice choir (JustCór) marked Pride 2023 with a cross Departmental event, Sing with Pride which gathered singers, choirs and members and allies of the LGBTI+ community from across the Civil Service, to perform together during Pride month. (Action 1.4)
My Department is committed to creating an inclusive and diverse workplace reflective of Irish society, where all individuals feel valued, included and respected, and much work has been done in embedding a culture of inclusiveness throughout the Department and its agencies and offices. An Equality, Diversity, Inclusion and Public Sector Duty Committee chaired at Deputy Secretary General level leads co-ordination and drives action in promoting equality, diversity and inclusion in all the Department’s work. (Action 2.2)
The Committee monitors progress of all EDI Strategy actions and provides regular updates to staff including in relation to LGBT+ matters. In addition, an EDI module is included in all new starter induction and leadership training, and the LGBT+ network is also promoted. (Action 2.2)
The Department of Justice LGBTI+ Network was established in 2018 and has recently been shortlisted for a GALAS award which recognises individuals, companies and organisations for their outstanding work and contributions to the LGBT+ community. (Action 2.4)
A draft EDI screening tool is currently being piloted, which will facilitate the Department to proof/audit the preparation of policy and legislation to take account of their impacts on EDI. (Action 5.1)
The Committee is currently developing a gender identity and expression policy and is co-ordinating with other Departments across the civil service in this regard. The purpose of the policy is to provide information, guidance and support to an employee who may wish to transition or affirm their gender in the workplace, while ensuring they feel supported and that any discrimination is prevented. (Action 12.2)
Since the transfer of functions in 2020, Action 24.2 is now under the remit of the Department of Children, Equality, Diversity, Integration and Youth. Work to draft legislation to prohibit conversion practices in Ireland is a priority for Government this year. Policy deliberations have been informed by a broad range of factors including Trinity College Dublin research on conversion practices in Ireland commissioned by that Department, international research, engagement with relevant Government Departments and an analysis of legislation in other jurisdictions. The Government is carefully considering the underpinning policy matters to ensure that vulnerable members of society are protected from these harmful practices and that necessary and appropriate services for those with concerns in areas of sexual orientation and gender identity are not affected. It is planned that legislative proposals will be brought forward shortly. (Action 24.2)
