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Wednesday, 17 Jan 2024

Written Answers Nos. 981-1002

Social Welfare Benefits

Questions (981)

Peadar Tóibín

Question:

981. Deputy Peadar Tóibín asked the Minister for Social Protection the number of persons who were refused the disability allowance, in each of the past ten years, in tabular form. [1798/24]

View answer

Written answers

The number of claims rejected for Disability Allowance in each of the last ten years are provided in Table 1 below.

Table 1: The number of Disability Allowance claims rejected, by year

Year

Claims Rejected

2023

16,653

2022

14,593

2021

13,989

2020

13,559

2019

13,981

2018

12,682

2017

12,022

2016

12,027

2015

14,800

2014

12,621

Social Welfare Appeals

Questions (982)

Peadar Tóibín

Question:

982. Deputy Peadar Tóibín asked the Minister for Social Protection the number of persons who, having been refused the carer’s allowance, were successful in their appeals of her Department’s decision to refuse in each of the past ten years, in tabular form. [1799/24]

View answer

Written answers

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.  

The table below provides the number of Carer's Allowance appeals finalised as well as the number of these appeals that were successful for the years 2014 to 2023.  The appeals finalised and favourable outcomes includes appeals where on review the Department subsequently revised their original decision in favour of the applicant. 

Year

Carers Finalised

Favourable Outcomes

2023

2,850

1,288

2022

3,388

1,391

2021

3,267

1,500

2020

3,828

1,808

2019

3,621

1,991

2018

2,741

1,631

2017

3,434

2,145

2016

3,646

2,335

2015

3,510

2,086

2014

3,403

1,880

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (983)

Peadar Tóibín

Question:

983. Deputy Peadar Tóibín asked the Minister for Social Protection the number of persons who were refused the carer’s allowance, in each of the past ten years, in tabular form. [1800/24]

View answer

Written answers

Carer's Allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that, as a result, they require that level of care.

Please see the table below containing the number of persons who were refused CA in each of the past ten years.

Social Welfare Benefits

Questions (984)

Peadar Tóibín

Question:

984. Deputy Peadar Tóibín asked the Minister for Social Protection the number of persons who, having been refused the domiciliary care allowance, were successful in their appeals of the Department’s decision to refuse in each of the past ten years, in tabular form. [1801/24]

View answer

Written answers

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.  

The table below provides the number of Domiciliary Care Allowance appeals finalised as well as the number of these appeals that were successful for the years 2014 to 2023.  The appeals finalise includes appeals where on review following the submission of appeal documentation, the Department subsequently revised their original decision in favour of the applicant. 

Year

DCA Appeals Finalised

Favourable Outcomes following Appeals Officer determination 

Original decision revised by the Department

2023

2,039

916

407

2022

2,010

746

712

2021

1,385

558

484

2020

1,936

963

477

2019

1,708

821

517

2018

1,589

699

590

2017

808

307

343

2016

1,352

614

469

2015

1,167

611

313

2014

1,582

725

506

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (985)

Peadar Tóibín

Question:

985. Deputy Peadar Tóibín asked the Minister for Social Protection the number of persons who were refused the domiciliary care allowance, in each of the past ten years, in tabular form. [1802/24]

View answer

Written answers

Domiciliary Care Allowance is a monthly allowance payable to a parent/guardian in respect of a child aged under 16 who has a severe disability requiring continual or continuous care and attention substantially over and above the level of care and attention normally required by a child of the same age and where the level of that disability is such that the child is likely to require this level of care and attention for at least 12 consecutive months.

The  number of persons (applicants) who were refused the Domiciliary Care Allowance (DCA) by my Department (at the initial decision stage) in each of the past 10 years are indicated in the following table. The DCA claim refusal percentage rate, in respect of the relevant year(s) is also included for information.

Year

Number of DCA applicants refused

Percentage of applications refused

2014

2,062

40%

2015

2,102

33%

2016

1,683

25%

2017

2,187

24%

2018

2,225

26%

2019

2,875

33%

2020

2,639

34%

2021

2,478

31%

2022

3,948

33%

2023

4,076

34%

It should be noted that some of these applicants would have been subsequently awarded on review, in cases where further medical evidence and/or relevant information was received, or following appeal to the Social Welfare Appeals Office.  

The number of DCA applications continues to increase. Applicants are advised to provide as much detail as possible at application stage, including supporting documentary evidence (medical or otherwise) to ensure all information is available for the decision and assessment process.

I trust this clarifies the position for the Deputy.

Social Welfare Appeals

Questions (986)

Brendan Griffin

Question:

986. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on a disability allowance appeal by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [1876/24]

View answer

Written answers

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements.  Appeals Officers are independent in their decision making functions. 

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to allow the appeal of the person concerned by way of a summary decision.  The person concerned has been notified of the Appeals Officer’s decision.  

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (987)

Mattie McGrath

Question:

987. Deputy Mattie McGrath asked the Minister for Social Protection if a directive will be implemented to ensure that recipients of non-contributory pensions in Ireland who have temporary protection status must collect their social welfare payments by presenting at a post office, rather than through a bank account; and if she will make a statement on the matter. [1999/24]

View answer

Written answers

My Department provides two main payment options for its customers: payment in cash at post offices or payment directly into customer accounts by Electronic Fund Transfer (EFT).  Last year, approximately 69% of all Social Welfare payments were made by EFT and 31% were by cash collection at post offices.  A small number of ad hoc payments were also made by cheque.

Where possible, customers are offered a choice of payment method and their wishes are facilitated, whether they choose to collect their social welfare payment in cash at a post office or receive the payment directly into their account in a bank, a credit union or in An Post.

With the exception of a small number of schemes, due to control reasons, my Department remains committed to providing all social welfare recipients with a choice of payment method.  My Department will respect customer choice as appropriate and make payments in line with customer preference where choice is available.

The small number of schemes, where there is no customer payment preference, the Department pays recipients their social welfare payment through the post office network.  This applies to all recipients of these schemes.

From a scheme perspective the Department does not treat recipients of the same scheme differently based on the characteristics of the different cohorts in receipt of a payment under that scheme. 

I therefore do not propose to move to a situation where all recipients of the State Pension non-contributory would be required to collect their pension payment at their local post office.  Nor do I propose treating certain classes of pensioners in receipt of the Non-Contributory State Pension differently than other pensioners in receipt of the same payment.

Social Welfare Code

Questions (988)

Mattie McGrath

Question:

988. Deputy Mattie McGrath asked the Minister for Social Protection what checks are being carried out to ensure that recipients of social welfare payments who have temporary protection status are still living in the State when payments are being made into bank accounts; and if she will make a statement on the matter. [2000/24]

View answer

Written answers

In accordance with the Temporary Protection Directive implemented in March 2022, people fleeing the war in Ukraine have been granted status to avail of the supports and services provided by my Department. Depending on the income support scheme applied for, people can be paid at a Post Office, or directly into their account in either a bank, in An Post or in a credit union. 

Given the temporary and transitory nature of accommodation for many of the people fleeing the war in Ukraine, it has proven to be more practical in the short-term for some Temporary Protection jobseeker applications to be paid directly into an account by Electronic Fund Transfer (EFT).  While the default payment method for this group of people remains cash collection at post offices, until the accommodation status of people availing of the Temporary Protection Directive can be established, the option to be paid directly into an account in a financial institution is available.

There are a number of control checks in place to ensure people continue to meet the conditions for the payment they are in receipt of. These checks include in person ‘signing-on’ for people in receipt of jobseekers payments, and projects to review cases where people are being paid into bank accounts.

The results of checks to date do not indicate abuse, and it is clear from the sign of life work undertaken by the Central Statistics Office that claims are being closed by claimants when they leave the country.

The future entitlements, including entitlement to payments, for newly arrived Beneficiaries of Temporary Protection who avail of State accommodation and are assigned to designated accommodation centres are currently being revised. The payment methods that will be available to people are being considered as part of this process.

I trust this clarifies the matter.

Social Welfare Appeals

Questions (989)

Colm Burke

Question:

989. Deputy Colm Burke asked the Minister for Social Protection the status of an appeal by a person (details supplied); when a decision is likely to be received, as this has been pending for some time; and if she will make a statement on the matter. [2014/24]

View answer

Written answers

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements.  Appeals Officers are independent in their decision making functions. 

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered on the 6th September 2023.  It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. 

These papers were received on 9th November 2023 and the case was assigned to an Appeals Officer on 15th November 2023, who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.  The appeals officer has been contacted to expedite this case. 

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (990)

Patricia Ryan

Question:

990. Deputy Patricia Ryan asked the Minister for Social Protection if it is possible to expedite an application for invalidity benefit for a person (details supplied). [2065/24]

View answer

Written answers

Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions.

The Department received a claim for IP from the person concerned on 13 October 2023.  Her claim was refused on 12 January 2024 on the grounds that the medical conditions for the scheme were not satisfied.  The person concerned was notified on 12 January 2024 of this decision, the reasons for it and of her right of review and/or appeal. 

The services of the local Intreo Office will be available for the person concerned if she is experiencing financial hardship at present.  Her local Intreo Office will inform her of the options open to her under the various Social Welfare schemes. 

I trust this clarifies the matter for the Deputy.

Direct Provision System

Questions (991)

Joe Flaherty

Question:

991. Deputy Joe Flaherty asked the Minister for Justice the official status by group of the residents at the Richmond Street direct provision centre in County Longford as of 31 December 2023. [2039/24]

View answer

Written answers

Any person that makes an application for international protection is granted a temporary residence while their application is being decided. This is in line with our obligations under international and EU asylum law.

While that claim is being examined by the International Protection Office (IPO), the International Protection Accommodation Service (IPAS) provides accommodation and related services to international protection applicants who wish to accept the offer of accommodation from the Irish State.

For reasons of confidentiality, the Department does not comment on the status of individuals housed at particular Direct Provision centres or elsewhere.

An Garda Síochána

Questions (992)

Jim O'Callaghan

Question:

992. Deputy Jim O'Callaghan asked the Minister for Justice the time it takes for suitability background checks on Garda recruits to be completed. [56296/23]

View answer

Written answers

As the Deputy will be aware, under Section 26 of the Garda Síochána Act 2005 (as amended) the Garda Commissioner is responsible for the management and administration of Garda business, including the recruitment and training of Garda members and staff. As Minister I have no role in the Garda recruitment process.

I have been advised by the Garda authorities that the time it takes to complete suitability checks for applicants to An Garda Síochána varies depending on the individual candidate and is performed on a case by case basis.

The suitability checks are completed as quickly as possible and candidates are told immediately once all checks have been completed. Avenues to expedite this process have been utilised to deliver accelerated recruitment, and  to get suitability checks for candidates completed as soon as possible.

Legislative Reviews

Questions (993, 994)

Cian O'Callaghan

Question:

993. Deputy Cian O'Callaghan asked the Minister for Justice the status of the review of legislation regarding owner management companies; and if she will make a statement on the matter. [56297/23]

View answer

Cian O'Callaghan

Question:

994. Deputy Cian O'Callaghan asked the Minister for Justice if she will put in place an interim non-statutory owner management company regulator until the Multi-Unit Developments Act 2011 is amended; and if she will make a statement on the matter. [56298/23]

View answer

Written answers

I propose to take Questions Nos. 993 and 994 together.

The Multi-Unit Developments (MUDs) Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments, and facilitating the fair, efficient and effective management of owners' management companies (OMCs). Well-functioning OMCs are key to maintaining and sustaining higher-density residential developments, such as apartments.

As regards the establishment of an interim non-statutory Regulator for OMCs, there are no plans at present to introduce a specific oversight and enforcement mechanism for OMCs. However, it should be noted that OMCs are subject to company law provisions, including their own memorandum of association and to oversight by the Company Registration Office and the Office of the Director of Corporate Enforcement.

Furthermore, the Competition and Consumer Protection Commission also plays a role in providing information and advice to intending purchasers of residential units in multi-unit developments.

The MUDs Act acknowledges the risk of disputes arising in the enforcement of rights and the performance of obligations imposed by its provisions and makes provision for the resolution of such disputes. For example, section 24 provides that a person, including any member of an OMC, may apply to the Circuit Court for an Order to enforce any rights conferred or obligations imposed by the Act.

Furthermore, section 24(2) allows the Court to take into account whether the parties have tried to resolve their differences by mediation or other alternative dispute resolution; while section 27 provides for court-directed mediation if the court considers that a ‘mediation conference’ between the parties would assist in reaching a settlement of the matter.

The Programme for Government contains a commitment to conduct a review of the MUDs Act, to ensure that it is fit for purpose and that it acts in the best interests of residents.

Housing for All also provides for Regulations to be made under the MUDs Act relating to the:

• management of annual service charges by OMCs; and

• expenditure incurred of a non-recurring nature by OMCs (i.e. ‘sinking fund’ expenditure).

The work of my Department in relation to multi-unit developments is guided by that of the Department for Housing, Local Government and Heritage, in view of its central role in this area. The importance of policy input from that Department is underlined by a number of important initiatives in relation to multi-unit developments that have been brought forward in recent months by the Minister for Housing, Local Government and Heritage.

These include the remediation scheme, which Minister O’Brien announced last year, and which will provide support for the remediation of apartments and duplexes with fire safety, structural safety and water ingress defects, constructed between 1991 and 2013. The Department of Housing, Local Government and Heritage also published in July 2023, a Code of Practice for remediation of such defects to ensure a consistent approach nationwide to remediation, which will allow stakeholders such as OMCs and industry to align their work with its provisions.

The Department for Housing, Local Government and Heritage is also currently working with the Housing Agency on advice and guidance on the steps OMCs should take when carrying out such safety works. Minister O’Brien also expects to publish this year, the draft legislation required to underpin the scheme, and to put in place the statutory scheme shortly thereafter.

It is important that the review of the Multi-Unit Developments Act 2011, and the drafting of any Regulations under the Act, would be informed by these key ongoing and priority developments, and as such it is not possible at this point to say when the review of the Act will be published.

Question No. 994 answered with Question No. 993.

Fire Safety

Questions (995)

Aodhán Ó Ríordáin

Question:

995. Deputy Aodhán Ó Ríordáin asked the Minister for Justice if owners of units covered by the Multi-Unit Developments Act 2011 are entitled under legislation to access fire safety reports; if she is aware of cases where sales of apartments are being delayed by refusal of management companies to provide such reports to owners; the steps she can take to ensure that fire safety report information is available to owners of apartments affected; and if she will make a statement on the matter. [56307/23]

View answer

Written answers

The Multi-Unit Developments Act 2011 (‘MUDs Act’) was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments, and facilitating the fair, efficient and effective management of owners' management companies (OMCs).

Section 3.1 of the MUDs Act provides, in respect of any multi-unit development in which no residential unit was sold before the coming into operation of that section, that where a developer transfers their interest in a residential unit in that MUD after that date, he or she must first furnish the OMC with a certificate, from a suitably qualified person, that the relevant parts of the development have been constructed in compliance with the fire safety certificate concerned issued for that development pursuant to the Building Control Acts 1990 and 2007. This provision will typically refer to multi-unit developments constructed after the coming into operation of the MUDs Act.

Section 17.2 of the MUDs Act further provides that the fire safety equipment installed in the development, and the arrangements in place for the maintenance of such equipment, must be confirmed annually to each member as part of the OMC’s annual report. The full text of the MUDs Act is available: www.revisedacts.lawreform.ie/eli/2011/act/2/revised/en/html.

It may also be of help to consult the website of the Apartment Owners’ Network, which provides links to a number of fire safety resources published by Government Departments and other relevant public bodies and is available www.apartmentownersnetwork.org/fire-safety-library/.

The Deputy will be aware that fire safety and building regulations come, primarily, under the remit of my colleague, the Minister for Housing, Local Government and Heritage.  Further information on fire safety can be obtained on his Department’s website.

In addition, under section 18(2) of the Fire Services Acts 1981 and 2003, responsibility for ongoing fire safety in buildings of all kinds (other than dwellings) is placed on the ‘person having control’ of each building. In the case of a building containing flats or apartments, this may, for example, be an Owners Management Company. Responsibilities include requirements to take all reasonable measures to guard against the outbreak of fire, provide reasonable fire safety measures, and provide appropriate procedures for ensuring the safety of persons on the premises, including, as far as is “reasonably practicable”, in the event of an outbreak of fire. For more information on the duties of an OMC under the Fire Services Acts, please see the Department of Housing, Local Government and Heritage ‘Fire Safety Guide for Building Owners’, available at:

www.apartmentownersnetwork.org/wp-content/uploads/2022/03/218254_7273fa79-7b17-4525-ac64-ea2774bb9cac-1.pdf.

Separately, it may interest the Deputy to know that in 2023 the Minister for Housing, Local Government and Heritage announced the launch of a scheme under his Department which will provide support for the remediation of apartments and duplexes with fire safety, structural safety and water ingress defects, constructed between 1991 and 2013. The Department of Housing, Local Government and Heritage also published in July 2023, a Code of Practice for remediation of such defects to ensure a consistent approach nationwide to remediation, which will allow stakeholders such as OMCs and industry to align their work with its provisions.  Furthermore, an Interim Remediation Scheme for the funding of emergency fire safety defect works in apartments and duplexes was launched last month and is now open to applications from OMCs.

Immigration Policy

Questions (996)

Michael McNamara

Question:

996. Deputy Michael McNamara asked the Minister for Justice how many prosecutions have been initiated in respect of alleged offences under section 11 of the Immigration Act 2004; the outcome of any such prosecutions; and if she will make a statement on the matter. [56309/23]

View answer

Written answers

As the Deputy will be aware, the prosecution of offences in these instances are a matter for An Garda Síochána and the Director of Public Prosecutions, who are independent in the exercise of their functions in this regard; as Minister I have no role in the taking of such prosecutions. I have, however, requested information in respect of such prosecutions from An Garda Síochána and will provide it to the Deputy when received.

The State has a duty to protect its borders and following examination, ensure that all arriving passengers are entitled to enter the State. This is a fundamental exercise of State sovereignty, which is necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is at all times subject to the law and to respect for individual rights.

Immigration officials conduct passport checks, and run operations as required, to ensure passengers arriving in the State are properly documented in accordance with Section 11 of the Immigration Act 2004.

When a person is refused leave to land at Dublin Airport, the Immigration Officer will arrange for the person to be referred to the Garda National Immigration Bureau (GNIB) for removal from the State. The priority in such circumstances is to return them on the next available return flight to the last point of embarkation.

International Protection

Questions (997)

John Brady

Question:

997. Deputy John Brady asked the Minister for Justice to provide details of the number of persons applying for temporary protection in Ireland, who already applied under the Temporary Protection Directive in another EU member state, by the country where they previously applied, in tabular form; and if she will make a statement on the matter. [56364/23]

View answer

Written answers

The information requested is currently being compiled and I will write to the Deputy directly once the information is to hand.

An Garda Síochána

Questions (998)

Donnchadh Ó Laoghaire

Question:

998. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice the estimated cost to the Exchequer to provide ten additional Garda youth diversion programmes; and if she will make a statement on the matter. [56412/23]

View answer

Written answers

As the Deputy will be aware, Youth Diversion Projects (YDPs) are community based, multi-agency youth crime prevention initiatives which primarily seek to divert young people who have been, or are at risk of becoming, involved in anti-social and/or criminal behaviour. Youth Diversion Projects are run by community-based organisations and are a vital support to the statutory Garda Youth Diversion Programme.

A top priority is the expansion and deepening of the services offered to young people by the Youth Diversion Projects, which are fully funded by my Department. These projects provide an invaluable support to complement the work of An Garda Síochána in addressing youth crime and protect local communities.

In Budget 2024, the funding allocated to Youth Justice Services increased by 10% to €33 million. This will facilitate an increase in the availability of YDP services in the evenings and at the weekends when many young people need them the most, as well as an increase in supports for families, interventions for typically hard-to-reach young people and early interventions for 8-11 year olds who may be at increased risk of becoming engaged in criminal activity.

The current network of 106 YDPs is extensive but we will continue to develop it further to ensure every child who needs it is reached. Four new Youth Diversion Projects are in the process of rolling out services with a further two additional projects planned for introduction later this year.

A total of €29 million was allocated to Youth Diversion Projects in 2023, however as the Deputy may appreciate, the funding needs of individual YDPs differ based on a range of criteria, such as the geographical area in which the Project operates, the number of referrals to the YDP and the number of the 'hard to reach' cohort of these referrals, amongst others.

My Department offers funding appropriate to the needs of each YDP and as determined by standard budgetary processes. Funding fluctuates based upon the YDPs' determination of their needs against the available budget for Youth Justice services annually.

Considerable progress has been made to extend the Garda Youth Diversion Project network to ensure that the service is available throughout the State. This has been achieved by extending existing project catchment areas and the allocation of additional staff. There are a small number of areas where this approach would not be suitable and the establishment of new projects in these areas is being progressed as an alternative.

Catchment areas for projects are determined in consultation with local community groups, members of An Garda Síochána and other stakeholders on a case-by-case basis. As the YDPs have evolved organically since their inception, catchment areas vary depending on the project’s background and local needs. Consequently, it is not possible to provide a standard estimate of the cost of additional projects.

An Garda Síochána

Questions (999)

Michael Moynihan

Question:

999. Deputy Michael Moynihan asked the Minister for Justice what actions are being taken to improve the retention and recruitment levels in An Garda Síochána; and if she will make a statement on the matter. [56423/23]

View answer

Written answers

The unprecedented allocation of over €2 billion to An Garda Síochána in 2023 and 2024, demonstrates the Government's commitment to ensuring An Garda Síochána has provision for the equipment, technology, facilities, fleet and personnel it needs to carry out vital policing work. This funding allows for the continued recruitment of Garda members and staff.

As the Deputy may be aware, a new Garda Recruitment competition was launched on 15 January. I am very pleased to see Garda recruits once again regularly entering training at Templemore, and this competition will ensure there is a continuous pipeline of new trainees.

We have put in place measures to make a career in An Garda Síochána more attractive and to lower the barriers to access by increasing the training allowance paid to trainees to €305 per week and increasing the maximum age of recruitment from 35 to 50.

During 2023 we have seen recruitment into An Garda Síochána gain real momentum. While there were 319 retirements and 169 resignations in 2023, 746 trainees entered Templemore last year. This is the highest intake into the Garda college since 2018.

While of course we don't want to see members leaving An Garda Síochána, the numbers leaving remain low. As of November 2023, there were just under 14,000 Garda members with the rate of resignations currently at approximately 1%. 

An Garda Síochána have recently introduced their own exit interviews to get a clearer view on why people may choose to resign and, where appropriate, to address issues which may influence retention. These voluntary exit interviews are conducted by a chartered occupational psychologist working within the Garda Human Resources and People Development department.

And with unprecedented funding recently allocated for equipment and wellbeing initiatives, and recent increases in frontline supervisors, I believe those who join will be supported as they take on what I know can be a challenging job. 

Both myself and the Commissioner fully recognise that policing is often difficult, challenging but very rewarding work. I am immensely grateful to our Gardaí for their outstanding dedication and commitment to serving the public and for the vital role that they play in keeping people safe.

Citizenship Applications

Questions (1000, 1001, 1145)

Matt Carthy

Question:

1000. Deputy Matt Carthy asked the Minister for Justice if she will report on the work of developing new guidelines in relation to the requirements for Irish association applications for citizenship based on Irish descent or associations; and if she will make a statement on the matter. [56426/23]

View answer

Matt Carthy

Question:

1001. Deputy Matt Carthy asked the Minister for Justice the options available to achieve the required three-year residency for a citizen of the United States who wishes to obtain Irish citizenship through descent or Irish associations; and if she will make a statement on the matter. [56427/23]

View answer

David Stanton

Question:

1145. Deputy David Stanton asked the Minister for Justice to outline the definition of "affinity" as listed by her Department as a means of Irish association for naturalisation applicants; the number of applications received under such an association each respective year from 2019 to 2023 inclusive; the number of those applications that were successful over the same period; and if she will make a statement on the matter. [1883/24]

View answer

Written answers

I propose to take Questions Nos. 1000, 1001 and 1145 together.

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. A determination on whether an applicant satisfies the statutory criteria for naturalisation can only be made after an application is received.

Section 15 of the Act sets out the statutory conditions that must be fulfilled for a certificate of naturalisation to be granted. Section 16(1)(a) of the Act gives the Minister discretion to waive the statutory conditions in certain circumstances, including where the applicant is of Irish descent or Irish associations (related through blood, affinity or adoption to a person who is or is entitled to be an Irish citizen).  Applications based on affinity are not recorded in the manner requested

Officials in my Department are in the process of finalising guidelines, which will provide clarity to both applicants and decision-makers on what factors may be considered by the Minister when deciding whether to waive such naturalisation conditions under section 16(1)(a) of the Act.

These new guidelines are being developed in the interests of fair and transparent procedures and attendant decision making.  Details of the new guidelines will be made publicly available once they have been finalised.

With regard to any citizen seeking to accrue reckonable residence in the State, I can advise the Deputy that there are numerous legal immigration pathways to enter and to reside in Ireland. Details of these legal pathways can be found on my Department’s website: www.irishimmigration.ie.

Finally, any person born abroad can also become an Irish citizen if one of their parents was an Irish citizen at the time of their birth, even though they were not born on the island of Ireland. Or through an Irish national grandparent born in Ireland. They may obtain Irish citizenship through registration in the Foreign Births Register which is maintained by Department of Foreign Affairs, for more information please see: www.dfa.ie/citizenship/born-abroad/registering-a-foreign-birth/.

Question No. 1001 answered with Question No. 1000.

Citizenship Applications

Questions (1002)

Matt Carthy

Question:

1002. Deputy Matt Carthy asked the Minister for Justice the number of times the discretion available to her office under section 16 of the Irish Nationality and Citizenship Act 1956, as amended, to waive the statutory conditions in certain circumstances, including where the applicant is of Irish descent or Irish associations (defined as related through blood, affinity or adoption to a person who is or is entitled to be an Irish citizen), by year, since 2013, in tabular form; and if she will make a statement on the matter. [56428/23]

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Written answers

The information requested is currently being compiled and I will write to the Deputy directly once the information is to hand.

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