Tuesday, 5 Dec 2023

Written Answers Nos. 388-400

Deportation Orders

Questions (388)

Peadar Tóibín

Question:

388. Deputy Peadar Tóibín asked the Minister for Justice how many people who have been issued with a deportation order have subsequently been naturalised. [53371/23]

Written answers

Minister for Justice

The 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. The specific information requested by the Deputy is not currently compiled in the format required, however, I can advise him that where an applicant for naturalisation has an extant deportation order they would not be naturalised.

Applicants are required to have 5 years reckonable residence in the State prior to making an application, except for spouses of Irish nationals and people granted International Protection where the requirement is 3 years. In all cases, the final 12 months must be continuous residence in the State with up to 70 days allowed to facilitate foreign travel for business family or holiday purposes.

All applicants must also satisfy the good character criterion under Section 15 of the Act, which includes checks for criminality. As part of this, all applicants undergo Garda vetting.

It is open to anyone to make an application for citizenship once they meet the criteria as set out in the 1956 Act, as amended. Once an application is received, a determination on whether the applicant satisfies the statutory criteria for naturalisation will be made.

Legislative Measures

Questions (389, 414, 415, 416)

Catherine Murphy

Question:

389. Deputy Catherine Murphy asked the Minister for Justice if she will set out her rationale for the withdrawal of proposals in respect of consent in the context of her plans to reform of existing legislation (details supplied). [53400/23]

Holly Cairns

Question:

414. Deputy Holly Cairns asked the Minister for Justice to provide the reasoning behind her decision to remove proposals in the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 in relation to consent; who was consulted as part of this decision; and if she will make a statement on the matter. [53784/23]

Holly Cairns

Question:

415. Deputy Holly Cairns asked the Minister for Justice whether she engaged with any domestic and sexual violence organisation in regard to her decision to remove proposals around consent from the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023; and if so, to provide details of those consultations. [53785/23]

Holly Cairns

Question:

416. Deputy Holly Cairns asked the Minister for Justice when it was flagged with her or her Department that there were legal concerns in relation to her proposals on consent in the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023; and if she will make a statement on the matter. [53786/23]

Written answers

Minister for Justice

I propose to take Questions Nos. 389 and 414 to 416, inclusive, together.

Last month, the Justice Committee agreed with my proposal to remove the provisions of the Bill in relation to knowledge of consent in rape from the Criminal Law (Sexual Offences & Human Trafficking) Bill 2023. The provisions in question stem from recommendations of the Law Reform Commission (LRC) in relation to rape that are set out in the Bill as published in July.

Consent – its presence or absence – is a key issue in these offences. At the moment, the rules around consent are the same for sexual assault and for rape. Concerns were raised in recent months that introducing reforms to rape law, in redefining the ‘mental state’ as recommended by the LRC, without ensuring that these also apply to our laws on sexual assault would create issues during trials, particularly in cases where a person is accused of both rape and sexual assault. The LRC had not examined sexual assault when recommending reform of the rape provisions.

Separately, the Supreme Court recently struck down section 3(5) of the Criminal Law (Sexual Offences) Act 2006. In its judgment at the end of August, the Court considered liability for criminal offences in detail. This comprehensive new analysis may have implications for the proposed consent reforms. Careful scrutiny is needed to ensure the proposals – published before the judgment – are robust and will withstand constitutional challenges.

For these reasons the difficult decision has been taken to remove the knowledge of consent provisions at this time, in consultation with the Office of the Attorney General and the Office of the Director of Public Prosecutions. My officials also consulted with Rape Crisis Network Ireland in coming to this decision.

The Government has agreed to my proposal to develop a separate Sexual Offences Bill, which will provide for knowledge of consent in relation to both rape and sexual assault. This also requires sexual assault, which is currently a common law offence, to be put on a statutory footing.

The new Sexual Offences Bill will entail fundamental and necessary revisions to our sexual offences legislation and I am determined that this will be done in a considered and comprehensive manner, and in consultation with key stakeholders.

As there are elements of the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 that are time sensitive – including putting the new National Referral Mechanism for victims of human trafficking on a statutory footing, urgently amending the Defence Act 1954; providing for key protections for victims of sexual offences; and provisions needed for ratification of the Second Optional Protocol to the UN Convention of the Rights of the Child – I wanted to ensure that we proceed with the rest of the Bill without delay.

An Garda Síochána

Questions (390, 391)

Matt Carthy

Question:

390. Deputy Matt Carthy asked the Minister for Justice the number, in tabular form, of gardaí in total, and of each rank, based in County Monaghan currently, and for the end of each year 2009-2022, inclusive; and if she will make a statement on the matter. [53482/23]

Matt Carthy

Question:

391. Deputy Matt Carthy asked the Minister for Justice the Garda and the stations that were operational in each Garda station in County Monaghan for each year 2009-2023 inclusive; and if she will make a statement on the matter. [53483/23]

Written answers

Minister for Justice

I propose to take Questions Nos. 390 and 391 together.

The unprecedented allocation of over €2.3 billion to An Garda Síochána for 2024 demonstrates the Government's commitment to ensuring Gardaí have provision for the equipment, technology, facilities, fleet and personnel it needs to carry out vital policing work. This includes funding for up to 900 new Gardaí and a 66 per cent increase in the Garda training allowance to €305.

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the distribution of Garda members between the various Garda stations. As Minister, I have no role in such matters.

I am however assured by the Garda Commissioner that this distribution is kept under review in light of emerging crime trends and policing needs.

As the Deputy is aware, Carrickmacross and Monaghan Garda districts are located within the Cavan/Monaghan division. I am advised that at the end of October 2023 there were 370 Garda members assigned to Cavan/Monaghan Division which represents an increase of over 16% since the end of December 2015. As of the same date there were 59 Garda staff assigned to the Division.

The table below, which was provided to me by the Garda authorities, sets out the number of Garda members by rank assigned to Carrickmacross and Monaghan Garda districts on the 31 October 2023, the latest date for when figures are available. Please note that this information is operational and may be subject to change.

Carrickmacross District	2009	2010	2011	2012	2013	2014	2015	2016	2017	2018	2019	2020	2021	2022	Oct-23
Garda	77	69	63	62	60	59	60	55	57	63	75	72	69	61	59
Sergeant	12	14	14	14	14	14	15	16	15	14	13	13	12	12	12
Inspector	1	1	1		1	1	1	1	1	1	1	3	1	1	2
Superintendent	1	1	1	1	1	1	1	1	1	1	1	1	1	1	1
Chief Superintendent
Assistant Commissioner
Total	91	85	79	77	76	75	77	73	74	79	90	89	83	75	74

Monaghan District	2009	2010	2011	2012	2013	2014	2015	2016	2017	2018	2019	2020	2021	2022	Oct-23
Garda	98	91	79	74	70	67	63	58	63	72	80	84	78	75	71
Sergeant	18	19	18	17	17	18	16	17	12	13	14	12	12	18	15
Inspector	3	2	2	1	2	3	2	3	3	3	3	3	2	4	5
Superintendent	2	2	2	2	2	2	2	2	1	2	2	2	2	2	2
Chief Superintendent	1	1		1	1	1		1	2	1	1		1	2	2
Assistant Commissioner
Total	122	115	101	95	92	91	83	81	81	91	100	101	95	101	95

I am further advised that the attached table sets out the number of Garda members assigned to Cavan/Monaghan Division by station from 2009 to the end of October 2023, the latest date for when figures are available. Please note that this information is operational and may be subject to change.

Further detailed information in relation to the allocation of Gardaí by Division and Station can be found at the following link: www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/

Statistics

Question No. 391 answered with Question No. 390.

International Protection

Questions (392, 393)

Michael McNamara

Question:

392. Deputy Michael McNamara asked the Minister for Justice how many applications for international protection were made in each month since February 2020; and if she will make a statement on the matter. [53492/23]

Michael McNamara

Question:

393. Deputy Michael McNamara asked the Minister for Justice how many first instance decisions were made by the IPO in each month since February 2020. [53493/23]

Written answers

Minister for Justice

I propose to take Questions Nos. 392 and 393 together.

My Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively, as part of the broader Government response, while ensuring the integrity of Ireland's rules-based immigration system is maintained.

The number of international protection applications last year was 13,650, a significant increase on recent years. It represents a 186% increase on the number received in 2019, the most recent year in which application numbers were not impacted by Covid-19.

In July this year, I published a report on the international protection modernisation programme for 2023 and 2024. This programme is implementing measures to improve efficiencies and throughput as well as improving the application, interview and decision-making process for applicants. This will give status to those who are entitled to international protection to rebuild their lives here, while also ensuring faster decision making in respect of those who do not meet the criteria.

Already these reforms are having a significant impact with the median processing time for first-instance decisions reducing from 18 months in 2022 down to 15 months in 2023. The median processing times for appeals is also down from 15 months at the beginning of 2022 to five months in 2023.

As part of this modernisation programme, I also signed a regulation in November 2022 to introduce an accelerated procedure for international protection applicants from designated safe countries of origin. These applicants now typically receive a first instance decision in less than three months, which is a significant reduction from a norm of 22 to 26 months early last year.

Reforms to the international protection process will continue in 2024. Approximately €34m was allocated in budget 2024 to the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) to continue to scale up processing.

Please see below for data in relation to international protection applications made to the IPO since February 2020.

Year Received	Jan	Feb	Mar	Apr	May	Jun	Jul	Aug	Sep	Oct	Nov	Dec	Total
2020*		246	177	30	16	41	107	118	173	128	64	160	1260
2021	138	91	138	113	132	115	156	262	332	329	387	455	2648
2022	391	750	1032	1172	1543	1605	1266	1131	1060	1189	1313	1198	13650
2023**	1305	831	858	633	941	901	1029	1158	1249	1481	1464	0	11850

*February 2020 onwards

** To November 30

Please note, figures are correct at time of issue, however, all statistics may be subject to data cleansing.

Please see below for data in relation to first instance decisions made by the IPO since February 2020.

Year	Jan	Feb	Mar	Apr	May	Jun	Jul	Aug	Sep	Oct	Nov	Dec	Grand Total
2020*		321	218	3	32	65	283	281	231	182	181	141	1938
2021	142	160	193	169	198	137	156	149	187	387	331	260	2469
2022	388	485	351	468	417	547	492	343	460	365	360	314	4990
2023**	519	604	786	627	737	719	812	792	826	851	1069		8342

*February 2020 onwards

** up to November 30, 2023

Please note, figures are correct at time of issue, however, all statistics may be subject to data cleansing.

Question No. 393 answered with Question No. 392.

International Protection

Questions (394, 395)

Michael McNamara

Question:

394. Deputy Michael McNamara asked the Minister for Justice how many Notices of Appeal to the IPAT were lodged in each month since February 2020. [53494/23]

Michael McNamara

Question:

395. Deputy Michael McNamara asked the Minister for Justice how many decisions of the IPAT were made in each month since February 2020. [53495/23]

Written answers

Minister for Justice

I propose to take Questions Nos. 394 and 395 together.

My Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively, as part of the broader Government response, while ensuring the integrity of Ireland's rules-based immigration system is maintained.

Both the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) are fully independent in determining whether or not to grant international protection applications. Each application is examined individually on its own merits, in line with national and international asylum law.

The number of international protection applications last year was 13,650, a significant increase on recent years. It represents a 186% increase on the number received in 2019, the most recent year in which application numbers were not impacted by Covid-19.

In July this year, I published a report on the international protection modernisation programme for 2023 and 2024. This programme is implementing measures to improve efficiencies and throughput as well as improving the application, interview and decision-making process for applicants. This will give status to those who are entitled to international protection to rebuild their lives here, while also ensuring faster decision making in respect of those who do not meet the criteria.

Already these reforms are having a significant impact with the median processing time for first-instance decisions reducing from 18 months in 2022 down to 15 months in 2023. The median processing times for appeals is also down from 15 months at the beginning of 2022 to five months in 2023.

As part of this modernisation programme, I also signed a regulation in November 2022 to introduce an accelerated procedure for international protection applicants from designated safe countries of origin. These applicants now typically receive a first instance decision in less than three months, which is a significant reduction from a norm of 22 to 26 months early last year.

Reforms to the international protection process will continue in 2024. Approximately €34m was allocated in budget 2024 to the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) to continue to scale up processing.

The International Protection Appeals Tribunal's (IPAT) operational capacity is also currently being significantly expanded to meet their increased caseload. Additional resources are being deployed through increasing the number of Tribunal members as well as further recruitment of administrative staff.

The average processing times from appeal lodged in the International Protection Appeals Tribunal to decision issued at the end of October 2023 was 7.2 months down from 13.5 months at the end of November 2022.

The tables attached detail appeals accepted and processed at the IPAT every month since February 2020 to 24 November 2023.

Please note, there is no correlation between applications received in a particular year/month and first instance decisions issued in the corresponding time period.

Appeals Accepted by the International Protection Appeals Tribunal
	Year Accepted
Month Appeal Accepted	2020	2021	2022	2023
Jan	192	54	25	108
Feb	186	76	64	259
Mar	148	103	79	407
Apr	9	62	41	316
May	4	66	87	341
Jun	7	68	110	340
Jul	68	59	139	429
Aug	169	39	175	587
Sep	203	43	147	496
Oct	139	74	128	448
Nov	79	63	101	316
Dec	51	49	79
Grand Total	1255	756	1175	4047

Decisions Issued by the International Protection Appeals Tribunal
	Year Decision Issued
Month Decision Issued	2020	2021	2022	2023
Jan	166	44	77	125
Feb	175	37	116	143
Mar	103	100	127	158
Apr	0	39	118	120
May	24	61	109	120
Jun	163	91	101	97
Jul	158	83	146	140
Aug	42	92	57	115
Sep	54	100	83	135
Oct	68	120	118	126
Nov	79	154	150	146
Dec	51	131	98
Grand Total	1083	1052	1300	1425

Question No. 395 answered with Question No. 394.

Visa Applications

Questions (396, 397)

Michael McNamara

Question:

396. Deputy Michael McNamara asked the Minister for Justice how many applications were made under the recent Undocumented Migrants’ Scheme. [53496/23]

Michael McNamara

Question:

397. Deputy Michael McNamara asked the Minister for Justice how many decisions have been made under the Undocumented Migrants’ Scheme, how many of those decisions granted permission to reside and work in the State and how many applications have been refused. [53497/23]

Written answers

Minister for Justice

I propose to take Questions Nos. 396 and 397 together.

As the Deputy is aware, this once in a generation scheme was designed to give long-term undocumented residents the opportunity to regularise their status, access the labour market legally and begin their path to citizenship.

A total of 6,548 applications were submitted in respect of 8,311 people under the scheme. As of 29 November 2023, 4,941 applications have been granted, 1,325 applications have been refused, and 120 applications have been withdrawn by the applicants for various reasons.

The remaining applications are in the main more complex cases and it is not possible to provide a definitive timeframe for when all cases will be finalised. While every effort is made to process applications as soon as possible, processing times will vary having regard to the complexity of applications, the need to seek further supporting documentation and the vetting process.

Question No. 397 answered with Question No. 396.

Asylum Seekers

Questions (398)

Michael McNamara

Question:

398. Deputy Michael McNamara asked the Minister for Justice how many persons in respect of whom a notice to transfer had been made under the Dublin 3 Regulation were not subsequently transferred; and of that number, how many were not transferred because the time period to implement the transfer pursuant to Dublin 3 had expired. [53498/23]

Written answers

Minister for Justice

I can advise the Deputy that the State is required to examine the application of anyone who presents at the borders of the State, or is in the State, and indicates that they wish to make an application for international protection. This is in accordance with our obligations under international and EU asylum law and the Government takes those commitments very seriously.

My Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively, as part of the broader Government response, while ensuring the integrity of Ireland's rules-based immigration system is maintained.Regulation (EU) No 604/2013 (Dublin III Regulations), came into force on 19 July 2013, and lays down the criteria and mechanisms for determining which EU country is responsible for examining an asylum application. The Dublin Regulation is based on the principle that the first Member State to facilitate entry to the EU should be responsible for examining the protection application.

The making of a transfer decision under the EU Dublin Regulation is not a deportation order. The International Protection Office considers whether applicants might have their cases considered under the Dublin Regulation. If the Regulation is deemed to apply, the applicant may appeal that decision to the International Protection Appeals Tribunal (IPAT). In practice, and in keeping with the experience of all Member States, effecting transfers under the Regulation is challenging, and reforming these arrangements therefore forms a key part of the ongoing discussions at EU level with respect to agreeing a new Migration and Asylum Pact.

A decision to transfer made under the Dublin III Regulations expires after six months. This extends to 18 months if the applicant has absconded. If an appeal is launched, a Dublin III decision expires six months from the date the appeal decision is given.

I can advise the Deputy that 2,370 orders have been issued under the Dublin III Regulations since 2015. Of that total 1,462 have now expired.

Deportation Orders

Questions (399)

Michael McNamara

Question:

399. Deputy Michael McNamara asked the Minister for Justice how many persons in respect of whom a Deportation Order has been made are currently in the State insofar as her Department is aware. [53499/23]

Written answers

Minister for Justice

I can advise the Deputy that deportation and removal processes are an essential part of any immigration system. It must be acknowledged that those who do not have a legal right to remain in this country must remove themselves from the State.

Where a Deportation Order is made, that person then has no legal basis to remain in the State. However, persons in receipt of a Deportation Order can apply to have the Order revoked under Section 3(11) of the Immigration Act 1999 (as amended) by presenting new evidence and may also legally challenge the Order.

When a Deportation Order is made and served, the person concerned is legally obliged to remove themselves from the State and to remain outside of the State. It is the case that significant numbers of individuals who were subject to Deportation Orders have left the State without notifying the relevant authorities. The Garda National Immigration Bureau has reviewed a sample of the cases from last year of those who were subject to deportation orders. Their inquiries suggest a significant number of these individuals have left the State.

Labour Activation Measures

Questions (400)

Michael McNamara

Question:

400. Deputy Michael McNamara asked the Minister for Justice why the processing time for Labour Market Access Permission is approximately 130 days, and what measures are being taken to reduce the processing time. [53506/23]

Written answers

Minister for Justice

Since its introduction in June 2018, under the European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), the labour market access permission issued by my Department, has had a very positive impact for international protection applicants and employers alike.

Since January 2021 nearly 22,000 first-time applications and renewal applications have been received by the Labour Market Access Unit of my Department and nearly 20,000 have been granted.

The immigration services of my Department utilise the resources available in order to ensure that applications are processed in the shortest timeframe possible.

A significant increase in the number of applications has been experienced during 2023, reflecting the increase of overall applications for international protection received since 2022. I can assure the Deputy that the unit in question is working hard to finalise applications as quickly as possible and appreciate customers’ patience as they deal with the very high levels of applications they are currently receiving. My Department is also reviewing the processing arrangements generally to establish if they can be further streamlined.