Donnchadh Ó Laoghaire
Question:277. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection the average wait time for an applicant to get a decision on a partial capacity benefit application. [43315/23]
View answerSocial Welfare Benefits
Questions (277)
Written answers
Partial Capacity Benefit (PCB) is a social welfare scheme which allows a person to return to work or self-employment and continue to receive a payment from my department. A person must be in receipt of Illness Benefit (IB) for a minimum of six months or Invalidity Pension (IP) in order to apply for PCB. There is a two stage process application involved. The applicant first notifies my Department of their intent to take up employment and applies for PCB. My Department will determine whether the applicant is eligible and, if so, at what level the PCB would be paid. Once that decision is made, the applicant must then subsequently confirm that they wish to proceed on that basis and confirm the date that their employment is commencing. The PCB team will then put the relevant payment in place.
From a processing time perspective, the application is immediately referred for a medical assessment upon receipt. The applicant will qualify for PCB if their restriction on capacity for work is assessed by the Medical Assessor as moderate, severe, or profound. Once a medical opinion is recorded, the person concerned is notified of their potential entitlement. Currently notifications are being issued to applicants where the medical assessment is carried out at-desk within approximately 6 weeks of the original receipt of the application. Applicants are also advised at that time to notify my Department with their expected employment start date. The second stage of the process can only occur once my Department receives a notification that the applicant is proceeding with their employment. Once this is received a claim is processed generally within a week of receipt of this notification.
I trust this clarifies the matter for the Deputy.
Social Welfare Eligibility
Questions (278)
Mattie McGrath
Question:278. Deputy Mattie McGrath asked the Minister for Social Protection the reason a person (details supplied) has not had their disability allowance awarded as per section 210(1)(b) of the Social Welfare Consolidation Act 2005 as amended and Article 137 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 as amended; and if she will make a statement on the matter. [43318/23]
View answerWritten answers
Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.
I confirm that my Department received an application for DA from the person concerned on 22 May 2023. Based on the evidence supplied in support of this application, their application for DA was disallowed on the grounds that the medical qualifying condition for the scheme was not satisfied.
The person concerned was notified in writing of this decision on 24 August 2023 and was also notified of their right to request a review of this decision or to appeal it to the independent Social Welfare Appeals Office (SWAO).
On 13 September 2023, the person concerned provided further medical evidence and a review was conducted, and it was found that there was no change in the decision. The person concerned was notified in writing of this decision on 21 September 2023. They were notified of their right to request a review of this decision or to appeal it to the independent Social Welfare Appeals Office (SWAO).
On 18 September 2023, an appeal was lodged with the with the independent (SWAO). The SWAO will notify the person concerned directly regarding the outcome of their appeal.
I trust this clarifies the matter for the deputy.
Citizens Information Services
Questions (279)
Michael Lowry
Question:279. Deputy Michael Lowry asked the Minister for Social Protection if she is aware that staff working in citizens information services have not received any pay rise since 2008; if she will provide information on the efforts being made to address this issue and bring the compensation of staff in citizens information services in line with those working in equivalent positions within the public sector; and if she will make a statement on the matter. [43323/23]
View answerWritten answers
The Citizens Information Board (CIB) is the statutory body under the aegis of my Department, with responsibility for supporting the provision of information, advice (including money and budgeting advice) and advocacy on a wide range of public and social services.
CIB provides some services directly to the public and funds and supports a number of Service Delivery Companies to provide services on its behalf, including the Citizens Information Service.
As Minister, I absolutely recognise and value the essential work carried out by the Citizens Information Service and acknowledge their dedication to their role in ensuring that people in their respective regions have access to quality and independent information, advice and advocacy.
My Department allocates annual Exchequer funding to CIB to deliver its services. This funding, and any additional requests from CIB, are considered and reviewed annually by my Department, and wider Government as part of the overall Estimates process.
As part of the Government's Estimates process for 2024, CIB has submitted a request for additional resources to cover a wide range of issues, including pay and additional staff for the Citizens Information Service. These requests will be considered in the context of the overall Government's Estimates process.
Citizens Information Services
Questions (280)
Michael Lowry
Question:280. Deputy Michael Lowry asked the Minister for Social Protection if she has received a request from citizens information services in County Tipperary asking for additional funding and permission to increase its current complement of information officer posts (details supplied); if she will consider and approve the request from citizens information services in County Tipperary; and if she will make a statement on the matter. [43325/23]
View answerWritten answers
The Citizens Information Board (CIB) is the statutory body under the aegis of my Department, with responsibility for supporting the provision of information, advice (including money and budgeting advice) and advocacy on a wide range of public and social services.
CIB provides some services directly to the public and funds and supports a number of Service Delivery Companies to provide services on its behalf, including the Citizens Information Service.
As Minister, I absolutely recognise and value the essential work carried out by the Citizens Information Service and acknowledge their dedication to their role in ensuring that people in their respective regions have access to quality and independent information, advice and advocacy.
My Department allocates annual Exchequer funding to CIB to deliver its services. This funding, and any additional requests from CIB, are considered and reviewed annually by my Department, and wider Government as part of the overall Estimates process.
As part of the Government's Estimates process for 2024, CIB has submitted a request for additional resources to cover a wide range of issues, including pay and additional staff for the Citizens Information Service. These requests will be considered in the context of the overall Government's Estimates process.
Social Welfare Eligibility
Questions (281)
Bernard Durkan
Question:281. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) qualifies for the fuel allowance; and if she will make a statement on the matter. [43411/23]
View answerWritten answers
An application was received for fuel allowance as part of this individual's application for Disability Allowance, on 18 August 2023.
Fuel allowance is a means tested payment, payable to people who either live alone or only with certain other qualified people. Based on the information provided to the Department, the person does not qualify for the allowance as their household consists of people who are not in a qualifying category.
The person concerned was notified of this decision in writing on 20 September 2023.
I trust this clarifies the matter for the Deputy.
State Pensions
Questions (282)
Bernard Durkan
Question:282. Deputy Bernard J. Durkan asked the Minister for Social Protection when a person (details supplied) might be eligible for a pension top-up; and if she will make a statement on the matter. [43422/23]
View answerWritten answers
State pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. In order to satisfy the habitual residence condition, it first must be established that the person has an unconditional right of residence in the State that does not preclude them from receipt of relevant social assistance payments.
All EU/EEA citizens have an unconditional right of residence in the State for up to three months, during which time they may not access the social welfare system. The right of residence in the State of an EU/EEA citizen for longer than this period is conditional on the citizen satisfying the relevant provisions set down in legislation and having sufficient resources so as not to become an unreasonable burden on the country's social assistance system. EU/EEA citizens will qualify for a right of permanent residence after five years legal residence in the State, or after three years if they have worked in the State for the twelve months immediately prior to reaching state pension age.
On 19 June 2023, a Deciding Officer wrote to the person concerned, setting out the evidential requirements to assess their satisfaction of the habitual residency condition, in order to determine their eligibility for a state pension non-contributory. To date, no reply has been received. Should the person be in a position to provide a verified record of at least five years continuous residency in the State, it is open to them to submit this evidence to the Department in order for their pension entitlement to be considered.
I trust this clarifies the matter for the Deputy.
Gambling Sector
Questions (283, 284)
Paul Kehoe
Question:283. Deputy Paul Kehoe asked the Minister for Justice the reason behind the incorporation of payout limits (details supplied) within the Gambling Regulation Bill 2022; and if she will make a statement on the matter. [43195/23]
View answerPaul Kehoe
Question:284. Deputy Paul Kehoe asked the Minister for Justice the rationale behind the introduction of pay-out limits (details supplied); if she has sought guidance from the Competition and Consumer Protection Commission; and if she will make a statement on the matter. [43196/23]
View answerWritten answers
I propose to take Questions Nos. 283 and 284 together.
The 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.
The Government approved publication of the General Scheme of the Bill in October 2021. In May 2022, the Committee published its report of its pre-legislative scrutiny of the General Scheme of the Bill. The Bill was approved for publication in November 2022, completed Second Stage in Dáil Éireann in December 2022 and Committee Stage in Dáil Éireann on 11 July 2023.
At its core, this legislation is a public health measure aimed at protecting our citizens from gambling harm, including younger people and those more vulnerable in our communities. My officials and I have engaged in extensive consultation with representatives from the industry, the charity sector, related sectors and as well as with professionals working in the area of problem gambling, persons adversely affected by the consequences of gambling and those with lived experience of problem gambling.
Schedule 3 of the Gambling Regulation Bill 2022 provides for the maximum relevant payments and the maximum winnings for gambling activities - the details of which are in the table below. These amounts are based on the limits introduced in 2019 to the Gaming and Lotteries Acts 1956. These limits may be varied by the Authority with the consent of the Minister as provided in section 82(2) of the Bill.
It is important to note that licence and permit holders under the 1956 Act are already subject to regulation where they provide gaming activities or operate and promote lotteries as per the provisions of that Act. The maximum relevant payment and winnings limits in the Bill are not new and are a direct continuation of the measures, albeit modernised, already provided for in the 1956 Act for both licence and permit holders for charitable / philanthropic causes and non-charitable / philanthropic purposes.
Existing licence and permit holders should have no issue with compliance with the limits provided for in the Bill as they will already be familiar with the same current limits provided for in the 1956 Act, as amended.
As the Deputy will appreciate, as per proper procedure, I sought the views of my ministerial colleagues, including the Minster for Enterprise, Trade and Employment who provided the Competition and Consumer Protection Commission’s observations on the Bill, prior to its publication.
|
Maximum relevant payment and maximum winnings |
- |
- |
|
Description (1) |
Maximum relevant payment (2) |
Maximum winnings (3) |
|
Relevant game |
€10 |
€3,000 |
|
Relevant lottery (other thanonce-off lottery) |
€10 |
€5,000 per week |
|
Relevant lottery: once-offlottery |
€10 |
€360,000 |
|
Gambling licence forcharitable or philanthropicpurpose |
lottery: no maximumgame: no maximumbetting: no maximum |
lottery: €30,000 per weekgame: €3,000 per game |
|
Gambling licence forcharitable or philanthropicpurpose: once-off activity |
lottery: no maximumgame: no maximumbetting: no maximum |
lottery: €360,000game: €360,000betting: €360,000 |
Question No. 284 answered with Question No. 283.
Prison Service
Questions (285)
Paul Murphy
Question:285. Deputy Paul Murphy asked the Minister for Justice if she will advocate for the investments (details supplied) in the upcoming budget; and if she will make a statement on the matter. [43203/23]
View answerWritten answers
In response to the Deputy, discussions are still underway between my Department and Department of Public Expenditure, NDP Delivery and Reform (DPENDPR).
Therefore, as the Deputy would understand, it would not be appropriate to comment, until the Budget is announced on 10 October 2023.
The Deputy is no doubt aware, the Programme for Government contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society, and a specific commitment to review policy options for prison and penal reform. In fulfilment of this commitment the Review of Policy Options for Prison and Penal Reform 2022-2024 was published last year.
This report and its recommendations seek to find the balance so that people who commit serious crimes receive a punishment and a period of incarceration proportionate to that crime, while at the same time ensuring that the courts have a wide range of appropriate options for dealing with those who have committed minor offences and who might otherwise receive a sentence of 12 months or less.
This targeted approach will facilitate a more tailored response so that the interventions made will be more effective in preventing people falling into a cycle of offending behaviour.
Further as the Deputy will be aware, non-custodial penalties, particularly supervised community sanctions, play a significant and important role in addressing criminality, reducing reoffending and providing a degree of protection to the public. This is supported by Central Statistics Office figures on recidivism.
The relationship between substance misuse and offending behaviour is well understood and if we address the addiction issues, we can help people break the cycle of offending. We also know that a significant number of people committed to prison have mental health issues.
That is why the Departments of Health and Justice established a High Level Task Force to consider the mental health and addiction challenges of those who come into contact with the criminal justice sector.
The Report and Recommendations of the High Level Task Force which were published last year aim to ensure better support for people at the earliest point at which they come into contact with the criminal justice system.
When implemented, they will divert people away from the criminal justice system where appropriate, while supporting them in their rehabilitation from addiction and in the recovery and management of their illness. The recommendations also seek to address the question of better support for prisoners in their rehabilitation when justice requires a prison sentence, and that progress made in prison is not lost after release. Building on existing best practice, the recommendations ensure there is adequate provision of services and sufficient safeguards in place to support rehabilitation and throughcare from custody to the community.
Education is also a key factor in ensuring people build crime-free lives. The Prison Education Taskforce was established on 23 May 2023 and is jointly chaired by the Minister of Further Education and Higher Education, Research, Innovation and Science and the Minister of State with responsibility for Law Reform in the Department of Justice. The aim of this Taskforce is to ensure improvements in the work and training area and greater alignment between prison education and the tertiary education system to support prisoners in benefiting from education and training opportunities while in custody to support their rehabilitation and access to employment post - release.
An Garda Síochána
Questions (286)
Niamh Smyth
Question:286. Deputy Niamh Smyth asked the Minister for Justice further to Parliamentary Question No. 1221 of 11 September 2023, of the resignations outlined, the number that were in the Cavan Monaghan Division; and if she will make a statement on the matter. [43212/23]
View answerWritten answers
As the Deputy is aware, the Garda Commissioner is responsible for the management and administration of Garda business under Section 26 of the Garda Síochána Act 2005 (as amended). This includes the recording of all Garda human resources data and the organisation's obligations under the relevant data protection legislation. As Minister, I have no role in this matter.
To be of assistance to the Deputy I have contacted the Garda authorities in relation to resignations of Garda members assigned to the Cavan-Monaghan division. I have been advised that, as the number of resignations within An Garda Síochána are so low, data can only be provided at a Regional level to prevent any possible data protection concerns due to the identification of individuals. The information requested by the Deputy is therefore, regrettably, not available.
An Garda Síochána
Questions (287, 288)
Niamh Smyth
Question:287. Deputy Niamh Smyth asked the Minister for Justice the number of gardaí who are out sick at present; the division they are in; if they are on long-term sick leave; and if she will make a statement on the matter. [43213/23]
View answer
The following deferred reply was received under Standing Order 51
I refer to Parliamentary Questions No. 287 and 288 of the 5 October 2023 where you sought: “To ask the Minister for Justice the number of Gardaí that are out sick at present; the division they are in; if they are on long term sick leave; and if she will make a statement on the matter.” and,
“To ask the Minister for Justice the number of Gardaí that are on career breaks at present; what division they are on leave from; when they are due back, in tabular form; and if she will make a statement on the matter.”
As you will recall, I sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand.
As you will also appreciate, the Garda Commissioner is responsible for all HR matters relating to personnel within An Garda Síochána, including management of sick leave and the approval of career breaks. As Minister, I have no role in these independent functions.
I am informed by the Garda authorities that the table below sets out the number of Garda members who are recorded as being on sick leave on the 4 October 2023.
Please note that any figures under 10 have been denoted as * and that Long term sick leave is defined as an absence greater than 28 days.
|
Division |
Number of Garda Members currently absent on sick leave as of 04.10.2023 |
Number of Garda Members current absent on long term sick leave as of 04.10.2023 |
|
Cavan/Monaghan |
29 |
15 |
|
Clare/Tipperary |
65 |
43 |
|
Commissioners Office |
* |
* |
|
Cork City |
32 |
14 |
|
Cork North |
28 |
20 |
|
Cork West |
16 |
13 |
|
D.M.R. Eastern |
15 |
* |
|
D.M.R. North Central |
30 |
17 |
|
D.M.R. Northern |
35 |
19 |
|
D.M.R. South Central |
34 |
19 |
|
D.M.R. Southern |
21 |
* |
|
D.M.R. Western |
56 |
35 |
|
DMR Traffic Division |
* |
* |
|
Donegal |
40 |
27 |
|
G.N.C.C.B. |
* |
* |
|
G.N.D.O.C.B. |
* |
* |
|
G.N.I.B. |
* |
* |
|
G.N.P.S.B. |
* |
* |
|
G.N.T.B. |
* |
* |
|
Galway |
32 |
19 |
|
Garda National Technical Bureau |
* |
* |
|
Human Resource Mgmt. |
* |
* |
|
Information Technology |
* |
* |
|
Kerry |
29 |
20 |
|
Kildare |
26 |
18 |
|
Kilkenny/Carlow |
20 |
* |
|
Laois/Offaly |
27 |
13 |
|
Legal Affairs |
* |
* |
|
Liaison & Protection |
* |
* |
|
Limerick |
44 |
30 |
|
Louth |
29 |
17 |
|
Mayo/Roscommon/Longford |
71 |
38 |
|
Meath |
22 |
16 |
|
Operational Support Unit |
* |
* |
|
S.T.O.C. |
* |
* |
|
Security & Intelligence |
* |
* |
|
Sligo/Leitrim |
24 |
13 |
|
Special Detective Unit |
* |
* |
|
Training & Development |
15 |
* |
|
Waterford |
23 |
12 |
|
Westmeath |
24 |
12 |
|
Wexford |
20 |
12 |
|
Wicklow |
15 |
* |
|
Grand Total |
868 |
508 |
I am advised that Garda Members may avail of special leave without pay in the form of a career break to a maximum duration of 5 years during their career. Members may apply for a career break for 12 months at a time and can renew their Career Break to a maximum of 5 years. The rules for taking Career breaks are set out in section 12:33 of the Garda code and a career break can be taken for the following reasons:
• Further education.
• Domestic responsibilities.
• Child minding.
• Foreign Travel
While on career break, the member may not, at any time, exercise or attempt to exercise any statutory or common law powers that may be vested in them as a member of An Garda Síochána.
The table below sets out the number of Garda members who are currently on a Career break by Region. I have been advised that it is not possible to provide this information in the format requested by Deputy for Data protection reasons.
|
Region |
Number |
|
DMR |
15 |
|
East |
10 |
|
Other Regions |
19 |
|
Total |
44 |
Niamh Smyth
Question:288. Deputy Niamh Smyth asked the Minister for Justice the number of gardaí that are on career breaks at present; what division they are on leave from; when they are due back, in tabular form; and if she will make a statement on the matter. [43215/23]
View answerWritten answers
I propose to take Questions Nos. 287 and 288 together.
The information requested by the Deputy is being collated and I will contact the Deputy directly once the information is available.
Question No. 288 answered with Question No. 287.
Legal Aid
Questions (289)
Willie O'Dea
Question:289. Deputy Willie O'Dea asked the Minister for Justice if she plans to restore criminal legal aid fees to pre-2008 levels in order to address the underfunding of the criminal legal aid system and ensure access to justice for all; and if she will make a statement on the matter. [43238/23]
View answerWritten answers
Let me assure the Deputy that I recognise the important role played by barristers in undertaking criminal legal aid work.
Any increase in criminal legal aid fees would have to be considered as part of the estimates process for 2024, which is still underway .
Domestic, Sexual and Gender-based Violence
Questions (290)
Carol Nolan
Question:290. Deputy Carol Nolan asked the Minister for Justice the funding allocation that will be made available to facilitate the operation of the proposed statutory agency with a dedicated focus on domestic, sexual and gender-based violence; the number of staff she anticipates the agency will employ; and if she will make a statement on the matter. [43316/23]
View answerWritten answers
As the Deputy is aware, the Government has agreed to establish a dedicated statutory agency that will be charged with co-ordinating the Government’s response to domestic, sexual and gender-based violence (DSGBV).
The agency will have a range of responsibilities including the funding and commissioning of DSGBV services, supporting the delivery of refuges and co-ordinating the implementation of the Third National Strategy on DSGBV.
This new agency will be tasked with ensuring the delivery of excellent services to victims of DSGBV, and with driving and coordinating the implementation of the Strategy across Government.
It will bring the dedicated and expert focus that is needed to tackle the serious and complex societal problem of DSGBV. Its main functions as set out in the Bill to establish the agency include:
• planning, commissioning and funding DSGBV services;
• overseeing and supporting the provision of refuge accommodation for victims;
• setting standards for services and refuges, and monitoring adherence;
• disseminating information on DSGBV, and leading and supporting awareness-raising campaigns;
• conducting, commissioning and supporting research;
• supporting, co-ordinating and reporting on the implementation of the Strategy; and
• assisting the Minister in developing future DSGBV strategies.
The Bill to establish this agency is a top Government priority in the autumn legislative programme.
Tackling domestic, sexual and gender-based violence in all its forms and providing fully for the needs of victims is undoubtedly a big task and one that requires substantial, dedicated and permanent resourcing. That is a key reason for setting up this agency and it will be given the resources it needs to fulfil its mandate.
The proposed allocation for 2024 will be a matter for the estimates process. As the Deputy is aware, the results of this process will be announced following Budget day.
It is envisaged that the new Agency, headed by a CEO, will have over 30 staff. The Deputy may wish to note that the open competition for the post of CEO of the Agency has been advertised by the Public Appointments Service and further information is available on www.publicjobs.ie
Citizenship Applications
Questions (291)
Bernard Durkan
Question:291. Deputy Bernard J. Durkan asked the Minister for Justice when an application for citizenship might be approved or otherwise in the case of a person (details supplied); and if she will make a statement on the matter. [43412/23]
View answerWritten answers
The naturalisation application from the person referred to by the Deputy was received 10 May 2023 and continues to be processed. The current median processing time for applications is 19 months.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.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.
I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs. 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.
Immigration Status
Questions (292)
Bernard Durkan
Question:292. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to regularise their position in the case of a person (details supplied); and if she will make a statement on the matter. [43413/23]
View answerWritten answers
The person referred to by the Deputy was granted a stamp 4 permission by my Department for 3 years, valid from 9 August 2023 to 8 August 2026.
The renewal of immigration permissions for customers living outside of the Dublin area are processed by the Garda National Immigration Bureau (GNIB). Information on the contact details for all the registration offices outside Dublin is available at: www.garda.ie/en/contact-us/station-directory.
The link below may be of further assistance to the person concerned in registering their permission. www.irishimmigration.ie/registering-your-immigration-permission/how-to-renew-your-current-permission/registration-renewal-outside-dublin/
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.
Visa Applications
Questions (293, 297)
Bernard Durkan
Question:293. Deputy Bernard J. Durkan asked the Minister for Justice the process to be followed by a person (details supplied) to extend their visa, which is required for employment purposes; and if she will make a statement on the matter. [43415/23]
View answerBernard Durkan
Question:297. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an EU treaty rights application in the case of a person (details supplied); and if she will make a statement on the matter. [43424/23]
View answerWritten answers
I propose to take Questions Nos. 293 and 297 together.
The person referred to by the Deputy lodged a review application in respect of their EU Treaty Rights application decision on 28 September 2021. This application is currently under consideration by my Department. My officials will correspond with the person concerned if further documentation or information is required.
A letter was issued to the person referred to, to obtain a temporary permission to remain in the State pending the outcome of their review. This issued on 8 September 2023 and is valid to 31 January 2024. This permission is for the duration of the review only, and it should not be considered to be an acknowledgement that this person has a right of residence under EU Treaty Rights. This will be decided in due course when the Review Officer makes a decision on the case.
Applications are dealt with in strict chronological order, and a decision will issue to the applicant in due course. While every effort is made to process these applications as soon as possible, processing times will vary having regard to the volume of applications received, their complexity, the possible need for the EU Treaty Rights office to seek further information in relation to the application and the resources available to process them. Although it is not possible at the present time to provide a definitive date by which a decision will be reached in this case, the Deputy can be assured that there will be no avoidable delay in completing same.
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.
Family Law Cases
Questions (294)
Bernard Durkan
Question:294. Deputy Bernard J. Durkan asked the Minister for Justice if, in the course of currently proposed reforms of family law, it is expected that expert witnesses can be challenged as of right; and if she will make a statement on the matter. [43419/23]
View answerWritten answers
As the Deputy will be aware, reports can be ordered under section 32 of the Guardianship of Infants Act 1964, section 27 of the Domestic Violence Act 2018 and section 47 of the Family Law Act 1995.
The ordering of such reports is a matter for the Judge having regard to the statutory requirements and the overall requirement to administer justice fairly and independently.
Section 32 of the Guardianship of Infants Act 1964 and section 47 of the Family Law Act 1995 both provide that the court or a party to proceedings may call an expert who has produced a report under these provisions as a witness in the proceedings. Section 27 of the Domestic Violence Act 2018 provides that the court can call an expert appointed under that section as a witness.
The admission of evidence and the challenging of evidence is an integral part of proceedings which is overseen by judges who act to ensure that justice is administered fairly and independently.
As the Deputy is aware, my Department is currently leading an ambitious programme of family justice reform, including the publication of the Family Justice Strategy and the Family Courts Bill 2022. The Strategy puts children at the centre of the system, and emphasises, amongst other things, the need to ensure they are listened to and heard and their views and best interests given due regard, in line with constitutional rights and obligations.
To that end, my Department has commenced a review to examine the role of expert reports in private family law proceedings, their commissioning, availability, content and use.
International Protection
Questions (295)
Bernard Durkan
Question:295. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed by a person (details supplied), who has attempted to appeal online, with limited success, to appeal against the decision to refuse them entry into the international protection programme; and if she will make a statement on the matter. [43421/23]
View answerWritten answers
As the Deputy may be aware, it is not my Department's practice to comment on whether an application for international protection has been made in the State. If a person is in the international protection process, there is a legal requirement under the International Protection Act 2015 to maintain full confidentiality at all times. Therefore the Department is unable to publish any information that would identify an international protection applicant.
If an application for international protection has been made in the State, the applicant or their designated legal advisor should contact the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate. This will enable a full and comprehensive reply to be provided.
Both the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) are fully independent in deciding whether or not to grant international protection. Each application is examined individually on its own merits, in line with national and international asylum law.
The International Protection Office may be contacted: by email to info@ipo.gov.ie ; by telephone to the IPO Customer Service Centre at 01 6028000 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.
The International Protection Appeals Tribunal may be contacted either: by email to info@protectionappeals.ie ; by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.
Information and an overview of the application process for international protection applicants can be found on the IPO website here:
www.ipo.gov.ie/en/IPO/Pages/Assessment_of_Application
Information on how to make an appeal to the International Protection Appeals Tribunal, as well as how to access legal advice can be found here:
www.protectionappeals.ie/how-to-appeal/
The Department's website also provides a detailed overview of the International Protection process in Ireland which can be accessed at:
www.gov.ie/en/campaigns/304ba-international-protection/
Queries in relation to the status of individual immigration cases (excepting those relating to an international protection applicant) may be made directly to my Department by e-mail using the Oireachtas mail facility 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.
Family Reunification
Questions (296)
Bernard Durkan
Question:296. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in an application for family reunification in the case of a person (details supplied); the appropriate procedure to follow at this point to reunite the family; and if she will make a statement on the matter. [43423/23]
View answerWritten answers
The person referred to by the Deputy submitted two Family Reunification (FRU) applications.
One for their spouse and minor children, and the other for the two adult children, details supplied.
The FRU application for the two adult children was refused on the basis of not meeting the criteria as set out in Section 56 of the International Protection Act 2015 . The FRU application in respect of the spouse and minor children continues to be processed at this time.
The timeframe in which a decision can be made largely depends on the quality of the application received. My Department will continue to engage with the applicant for any further information that may be required to assist with the processing of the application.
Please also note, Non-EEA nationals legally resident in Ireland, and considering family reunification, and who do not meet the criteria as provided for in S56 of the International Protection Act 2015, should also be aware of my Department’s “Policy on Non-EEA Family Reunification in Ireland”, available here: www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf.
This policy document sets out the criteria and specific requirements for any person considering making an application to be joined by family members in the State through normal established legal pathways.
It is open to anyone with questions in relation to family reunification to contact the unit at FRU_IPA@justice.ie ensuring to include their Person ID and clearly state that their question is for the Family Reunification Unit.