Written Answers Nos. 395-404
395. Deputy Ivana Bacik asked the Minister for Justice if her attention has been drawn to issues experienced by foreign nationals while travelling (details supplied); and her plans to alleviate the problem, including by issuing visas to minors. [3732/24]
View answerMy Department is familiar with the issues referred to by the Deputy.
The re-entry visa requirements for children under 16 were suspended in 2022. The processing of these applications required customers to submit their passports and suspending these requirements for children under 16 allowed my Department to minimise or avoid potential disruption to customers and their travel plans.
Children under 16 who are currently residing in the State and who wish to re-enter the State, must be accompanied by their parent or legal guardian who holds an in date immigration permission to reside in the State. The adult accompanying the child must also provide appropriate documentation to prove they are the legal parent or guardian of the child in question.
My Department has advised all airlines and foreign missions of the suspended re-entry visa initiative in place. Those who are travelling may rely on the published notice on my Department's immigration website at: www.irishimmigration.ie/suspension-of-re-entry-visa-requirements-for-children-under-the-age-of-16-years/.
After a recent communication with the Indian embassy, the Department has again contacted all airlines to highlight the Irish entry policy for legally resident minor children who are returning to Ireland from abroad.
In light of the issues raised, my Department is reviewing the arrangements in place in this regard.
396. Deputy Mattie McGrath asked the Minister for Justice the reason Ireland has not opted out of EU immigration policies, considering that under Article 29.4.7 of the Irish Constitution, Ireland can legally opt out of such policies under Protocol 19 of the Lisbon Treaty; and if she will make a statement on the matter. [3748/24]
View answerMy Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.
On the issue of participation in EU measures, Ireland made a declaration when the Lisbon Treaty entered into force stating its firm intention to take part in the adoption of measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union (measures in the area of freedom, security and justice) to the maximum extent it deems possible. A similar commitment was made in relation to the Treaty of Amsterdam.
In addition to those formal commitments under the treaties, Ireland has opted in to measures in the migration area in recognition that the challenges presented by migration and asylum cannot be effectively addressed by any state acting alone in an increasingly globalised and interdependent world. Working with our fellow Member States allows us the opportunity to operate in a more coherent and effective manner in managing asylum and migration.
The decision to opt-in to any particular EU measure is considered by the relevant Department and brought for a formal Government decision of approval following all necessary consultations with other Government Departments and the Attorney General’s Office. In order to formally opt-in to any measure under Title V of Part Three of the TFEU, the Government must first, in accordance with Article 29.4.7, obtain the prior approval of both Houses of the Oireachtas, which it does in all such instances.
397. Deputy Mattie McGrath asked the Minister for Justice to provide details on each EU immigration policy that Ireland has opted into, including the dates when the Government decided to opt in or out and when the measure was passed by both Houses of the Oireachtas; and if she will make a statement on the matter. [3749/24]
View answerThe information requested is currently being compiled and I will write to the Deputy directly once the information is to hand.
398. Deputy Michael Ring asked the Minister for Justice where a person (details supplied) should apply to for the renewal of their IRP card considering that it expired some time ago and in light of the conflicting information they have been provided with; and if she will make a statement on the matter. [3764/24]
View answerThe person referred to by the Deputy was granted De Facto Partner Permission by the Immigration Service of my Department on 2 February 2018.
Their application for renewal was refused as the person concerned requires a new permission letter from the Domestic Residence and Permissions Division of my Department. The person concerned should write to the Domestic Residence and Permissions Division outlining their current circumstances in the State. They can submit this information to; Unit A, Domestic Residence and Permissions Division, PO Box 12695, Dublin 2.
Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
399. Deputy Catherine Murphy asked the Minister for Justice if her Department has availed of services and or consultancy from a list of related companies (details supplied) in the past five years to date; if so, if she will provide a schedule of costs and the purpose for which the company was engaged; and if she continued to use services provided by it. [3785/24]
View answerI can inform the Deputy that one of the companies she has referenced was contracted by the Garda Síochána Ombudsman Commission, following an open tender competition, to conduct an organisational review which was funded by my Department. I understand the cost of this work was €175,939 and a report was completed and published in 2023.
400. Deputy Neasa Hourigan asked the Minister for Justice when the review of Part 4 of the Criminal Law (Sexual Offences) Act 2017 will be published; and if she will make a statement on the matter. [3840/24]
View answer411. Deputy Brian Leddin asked the Minister for Justice for a timeline on the completion of the review of Part 4 of the Criminal Law (Sexual Offences) Act 2017; and if she will make a statement on the matter. [3939/24]
View answerI propose to take Questions Nos. 400 and 411 together.
A key purpose for the 2017 Sexual Offences Act was to provide additional protection to persons involved in prostitution, especially vulnerable persons and victims of human trafficking.
It allows those engaged in prostitution to provide information to Gardaí, for instance if they were subjected to violence by clients, without fear of prosecution for selling sexual services. Section 27 of the 2017 Act provides for a review of Part 4 of the Act 3 years after its commencement.
Given that the goal of the legislation is to protect vulnerable persons, the review will include consideration of whether further measures are needed to strengthen protection for persons who engage in sexual activity for payment.
As part of the review, an online public consultation was opened and contributions were received from a broad range of organisations with different perspectives.
My Department commissioned an independent consultant to undertake this statutory review but, due to a number of reasons, it was not possible for the review to be completed within the desired timeframe.
The Department is considering the best options to conclude the review in a timely and thorough fashion and I expect to be in a position to decide on the next steps in the near future so that the review can be completed without any further undue delay.
401. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [3842/24]
View answerThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department. A letter regarding this application issued to the applicant on 2 January 2024.
I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs. It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.
My Department has recently moved from paper to online based citizenship applications. This is one of a number of measures introduced in an effort to optimise the application process and enhance the overall customer service experience. As part of the new online process, customers are issued with an acknowledgment on submission of the online application. The forms provide a seamless application process and help guide applicants through what is required for an application.
Finally, I can advise the Deputy that the Citizenship Division of my Department intends to communicate regularly with all applicants on a quarterly basis into the future.
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.
402. Deputy Joe Flaherty asked the Minister for Justice for an update on a change of immigration application for a person (details supplied); and if there is a timeframe for which it might be processed and concluded. [3847/24]
View answerI am advised that the person referred to by the Deputy submitted an application for a change of immigration status which was received by the Domestic Residence and Permissions Division of my Department on 06 December 2023.
Applications are dealt with in strict chronological order of receipt. The Division endeavours to process applications as quickly as possible, however, processing times may vary due to a number of factors, such as the number of applications on hand, individual circumstances, the complexity of an application and whether or not further information is required.
Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
403. Deputy Michael McNamara asked the Minister for Justice how many applicants for international protection in respect of whom was it determined in 2020, 2021, 2022, or 2023, respectively, was a determination made that the fact that, a first instance decision in respect of the applicant's protection application has not been made can be attributed, or attributed in part, to the applicant or that he or she, without reasonable excuse, is failing, or has failed to comply with an obligation under an enactment relating to the application, respectively. [3865/24]
View answerThe International Protection Act 2015, places a duty on applicants to cooperate with the process, and the details of the process are covered in Section 38 of the Act. The International Protection Office (IPO) writes to applicants who are not cooperating with the process at their last known address, giving them notice that they may be failing in their duty to cooperate, and giving them the opportunity to engage with the process.
The IPO copies this letter to their legal representative where known. In the event an applicant does not respond and continues not cooperating with the process, the IPO will proceed to make a recommendation. This is done on the basis of the information available as submitted by the applicant or their legal representative. Such recommendations are then followed by the normal steps, up to and including issuing a Deportation Order. Separate statistics are not available on the number of cases that were concluded in these circumstances for the years in question.
404. Deputy Sean Sherlock asked the Minister for Justice the number of outstanding GNIB renewal appointments; and the length of time it is expected each appointment will have before one is granted for stamp renewal, by each GNIB station, in tabular form. [3869/24]
View answer405. Deputy Sean Sherlock asked the Minister for Justice the number of gardaí specifically allocated to working on stamp renewals, by station, in tabular form. [3870/24]
View answer406. Deputy Sean Sherlock asked the Minister for Justice if she is aware of the significant delays impacting the working lives for applicants seeking stamp renewal; and if she will make a statement on the matter. [3871/24]
View answerI propose to take Questions Nos. 404 to 406, inclusive, together.
The Garda National Immigration Bureau (GNIB) has responsibility for the first time registration and renewal of Irish immigration residence permissions for persons residing outside of the Dublin area. My Department's Registration Office in Burgh Quay is responsible for registering immigration permissions for customers residing in the Dublin area only.
The responsibility of the registration function at Immigration Offices outside of the Dublin rests with local Superintendents or the relevant Detective Superintendent. The deployment of Gardaí in this regard is an operational matter for the Garda authorities.
I am advised by an Garda Síochána that the requested information is not readily available and would require a disproportionate amount of Garda time and resources to compile.
It should note that applications for renewal of residence permission, including when changing stamp category, are accepted up to 12 weeks prior to expiry to allow sufficient time for processing.
