Written Answers Nos. 250-269
250. Deputy Holly Cairns asked the Minister for Justice when a visa application by a person (details supplied) will be finalised; if all efforts will be made to process this visa as soon as possible; and if she will make a statement on the matter. [5931/24]
View answerI can advise the Deputy that the application referred to was created on the 09 May 2023. Supporting documentation was received in the Athens office on the 30 May 2023. The application was received in the Dublin Visa Office on the 16 June 2023 where it awaits examination and processing.
Long Stay Join Family visa applications are processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification. This policy document may be accessed at the following link:
www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf.
This Policy Document contains a stated business target that visa applications for family reunification for immediate family members of Irish citizens and Category A sponsors, such as Critical Skills Employment Permit Holders, should be dealt with within 6 months of application.
However, it must be made clear that these are business targets for the immigration service. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.
It is not possible to give a definitive date as to when this application will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available.
The applicant will be notified as soon as a decision has been reached by a Visa Officer.
Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday:
www.irishimmigration.ie/visa-decisions/.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie ), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
251. Deputy Holly Cairns asked the Minister for Justice the number of visa applications for family reunification for immediate family members of Irish citizens that have not yet been decided upon; the number of weeks each application has been awaiting a decision; the business target for these applications; and if she will make a statement on the matter. [5937/24]
View answerI can advise the Deputy that there are currently seven overseas Visa Offices in addition to the Visa Office in Dublin. They are located in Abuja, Beijing, London, Moscow, Ankara, Abu Dhabi and New Delhi.
As of Close of Business (COB) on 31/01/2024 there were 997 Type D long stay applications awaiting a first instance decision.
The table below provides the average time that a Type D long stay application which is currently awaiting a decision, has been outstanding. This is calculated from the time the documents are lodged with the Embassy/Consulate/Visa Office.
|
Mission |
Length of time awaiting a decision in months |
|
Abu Dhabi |
5.16 |
|
Abuja |
2.24 |
|
Ankara |
0.45 |
|
Beijing |
3.05 |
|
DFA* |
7.06 |
|
Dublin |
7.45 |
|
London |
2.03 |
|
Moscow |
5.3 |
|
New Delhi |
3.52 |
*The DFA figure relates to applications submitted to an Embassy of Ireland but forwarded to one of the seven overseas Visa Offices or the Visa Office in Dublin.
**Please note all figures are correct at time of issue and may be subject to data cleansing.
Total Average: 6.21 Months from all Missions.
Long Stay Join Family visa applications are processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification. This policy document may be accessed at the following link:
www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf.
This Policy Document contains a stated business target that visa applications for family reunification for immediate family members of Irish citizens and Category A sponsors, such as Critical Skills Employment Permit Holders, should be dealt with within 6 months of application.
However, it must be made clear that these are business targets for the immigration service. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.
All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available.
252. Deputy Peadar Tóibín asked the Minister for Justice the number of people who have changed their name by deed poll for each of the last 10 years. [5939/24]
View answerManagement of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas at: oireachtasenquiries@courts.ie.
Figures of this nature are recorded by the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.
257. Deputy Michael McNamara asked the Minister for Justice the number of persons awaiting a decision from her pursuant to section 49 (4) of the International Protection Act, having received a tribunal affirmation of a recommendation referred to in section 39 (3)(c) made in respect of an application, at the end of each month since February 2020. [5948/24]
View answerUnfortunately, it has not been possible to collate complete information as requested by the Deputy in the time allowed. I will write to the Deputy directly in the coming days when the information is to hand
258. Deputy Carol Nolan asked the Minister for Justice to clarify what eligibility conditions must a prisoner satisfy before she approves temporary release; if such conditions are the same or different with respect to the gravity of the offence which led to imprisonment; and if she will make a statement on the matter. [5965/24]
View answer259. Deputy Carol Nolan asked the Minister for Justice the number of temporary release orders she has approved for persons within the Irish prison system for the years 2020 to date; and if she will make a statement on the matter. [5966/24]
View answer260. Deputy Carol Nolan asked the Minister for Justice to clarify if her Department collates data on the number of offences committed by persons while on temporary release; if so, will she provide that information for the years 2020 to date; and if she will make a statement on the matter. [5967/24]
View answerI propose to take Questions Nos. 258 to 260, inclusive, together.
I have requested the information sought by the Deputy from the Irish Prison Service. Unfortunately, it has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand.
261. Deputy Mairéad Farrell asked the Minister for Justice if she is aware of the recommendations contained in the report the 'human and financial cost of clinical negligence claims: the case for pre-action protocols’; the plans, if any, she has for tort reforms in the area of dental practice; and if she will make a statement on the matter. [5999/24]
View answerI can inform the Deputy that I have received a copy of a report entitled “The human and financial cost of clinical negligence claims: The case for pre-action protocols" (January 2024), and I have asked my Department to examine it.
My Department is developing draft pre-action protocol regulations the purpose of which will be to encourage early resolution of clinical negligence actions and it is intended to publish these in 2024.
262. Deputy Ged Nash asked the Minister for Justice to outline the role and functions of the coroner in a case where a citizen resident in the State has died in suspicious or unexplained circumstances outside the State and his or her body has been repatriated here. [6008/24]
View answerThe Coroner Service comprises of a network of coroners located in districts throughout the country.
Coroners are independent office holders whose function under the Coroners Act 1962, as amended is to investigate sudden and unexplained deaths so that a death certificate can issue.
The Coroners Act 1962 confers on a Coroner a general duty to hold an inquest where a body is ‘lying’ in their district, and where the death may, in the Coroner’s opinion, have occurred in a violent or unnatural manner, or expectantly and from unknown causes, or where there is another specific statutory duty to hold an inquest.
The Act applies to deaths abroad where a body has been repatriated.
263. Deputy Brian Leddin asked the Minister for Justice if she can enquire with the Garda Commissioner the number of registrations Henry Street Garda National Immigration Bureau office in Limerick city is processing each week; the wait time for appointments; the current backlog in registrations for the Limerick office; the plans to reduce the waiting times; and if she will make a statement on the matter. [6009/24]
View answerMy Department's Registration Office in Burgh Quay is responsible for registering immigration permissions for customers residing in the Dublin area only.
An Garda Síochána has oversight of the first registration and renewal of immigration residence permissions for non-EU/EEA nationals residing outside of the Dublin area. I have no role in regard to the scheduling of these appointments.
The Garda Commissioner has advised that Henry Street Garda National Immigration Bureau office in Limerick is processing approximately 210 applications weekly and has a wait time for appointments of approximately sixteen weeks at present.
The current backlog stands at 4,720 applications.
I have been advised that every effort is being made to reduce the waiting time. An additional Garda member has been assigned on a full-time basis since mid-January 2024. This brings the number of Immigration officers to 5 as well as a registration officer. An additional desk has been set up to allow extra registrations, which is expected to further reduce waiting times.
The Commission on the Future of Policing in Ireland (COFPI) recommended that immigration administrative functions should transfer from the Garda National Immigration Bureau (GNIB) to the Department of Justice. My Department and An Garda Síochána have engaged intensively on the scope of immigration operations to transfer to the Department and a roadmap outlining the functions for transfer is currently being finalised.
The roadmap will address the future transfer of work relating to the nationwide registration and renewal (outside of Dublin) of residence permission and the renewal of such permission from An Garda Síochána to the Registration Office of my Department.
264. Deputy Louise O'Reilly asked the Minister for Justice for an update on the progress of Housing Policy Objective 25 in Housing for All, the review of the Multi-Unit Developments Act 2011; and when the review will be completed. [6016/24]
View answerThe 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.
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.
• Furthermore, an Interim Remediation Scheme for the funding of emergency fire safety defect works in apartments and duplexes was launched last December and is now open to applications from OMCs. 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 completed.
265. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if the case of a person (details supplied) will be examined; and if he will make a statement on the matter. [5802/24]
View answerThe above named person submitted an application under the BISS 2023 scheme, on the 26th of May 2023. The eligible area of the parcel affected here was subject to a review under the 2022 scheme year. This review was completed and the Eligible area was updated. This Eligible Area has also been updated for 2023. The applicants claimed area has now been updated to reflect the new eligible area. Any monies owed will issue in the coming days.
Staff of my Department will contact the applicants to update them.
266. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine how many hectares Coillte got permission to afforest in 2023, by county; and if he will make a statement on the matter. [5821/24]
View answerA breakdown by county of the number of hectares Coillte received permission to plant in 2023 is shown in the table below.
|
County |
No of Applications |
Hectares |
|
Tipperary |
1 |
34.91 |
|
Cork |
1 |
18.32 |
|
Roscommon |
1 |
1.5 |
|
Galway |
1 |
6.93 |
|
Total |
4 |
61.66 |
Historically Coillte were not entitled, under European State Aid rules, to premiums for afforestation. Under new State Aid rules this has been amended and Coillte, along with other public landowners, may now avail of both grants and premiums under the new Afforestation Scheme 2023 - 2027 which opened on 6th September, 2023.
Coillte have recently published their Forest Estate Strategic Land Use Plan 2023-2050 (FESLUP) which sets out their future afforestation objectives.
267. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine the support he is providing under the EMFAF (details supplied) to support the marketing of fishery and aquaculture products to allow for the creation of producer organisations, the implementation of production and marketing plans, the promotion of new market outlets and the development and dissemination of market intelligence; if he has engaged with the Minister for Public Expenditure, National Development Plan Delivery and Reform on this matter to explore flexible funding options; and if he will make a statement on the matter. [5841/24]
View answerAll Producer Organisations (POs) had access to funding under a scheme as part of the European Maritime and Fisheries Fund (EMFF) Programme 2014-2020. Part A of that scheme provided supports of up to €55,000 to groups of fisheries or aquaculture producers working to achieve recognition as a PO. Part B of the scheme supported POs that had been recognised by this Department, up to a maximum of almost €100,000, for eligible expenditures specified in the scheme.
Part B of the scheme provided funding for eligible expenditures retrospectively and on submission and approval of a POs Production and Marketing Plan (PMP) and Annual Report. These payments were based on Simplified Cost Options, which are essentially fixed grants based on the past grant history of the beneficiary, or where a PO has no track record, actual expenditure in the previous year. There was no provision in the scheme to make advance payments. That scheme closed at the end of 2023.
The establishment of two new Producer Organisations (POs) to represent the Inshore Sector was supported under the previous PO scheme. The Irish Island Maritime Resource Organisation (IIMRO) was recognised in 2021 and the National Inshore Fishermen's Association (NIFA) was recognised in 2023.
Under the EMFF PO scheme, up until the end of 2022, funding of €3,112,165.96 was claimed by Producer Organisations. Funding figures under this scheme for 2023 have not yet been finalised.
It is intended to put a new Producer Organisation Scheme in place under the European Maritime, Fisheries and Aquaculture Fund (EMFAF) programme from 2024 onwards.
My Department met with the POs in November 2023 and will be meeting them again in the coming months in relation to the development of this new scheme. My Department is also due to carry out the checks required under Article 18 of the Common Market Regulation (EU) 1379/2013, the outcome of which will also inform the development of the new PO scheme. In the meantime work is underway with Bord Iascaigh Mhara to roll forward the terms of the previous scheme pending the development of the new scheme, in order to ensure that supports are in place for these organisations in the interim. The terms of any new scheme will be aligned with the provisions of the EMFAF Regulation.
My Department will engage, as required, with the Department of Public Expenditure, National Development Plan Delivery and Reform in relation to the terms of the new scheme. The need for any such engagement will depend largely on the nature of the funding terms proposed for the scheme, as generally DPENDR sanction is not required for the implementation of funding schemes under EMFAF, unless specific provisions such as pre-payments are included.
268. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine if he is satisfied that the decision making process that has led to the closure of the pollock fishery for bycatch only in ICES areas and 7 is as accurate as possible, given a new assessment approach was used as opposed to landings data which had been used in previous years; if other measures for catch have been considered like minimum size or a seasonal fishery had been considered rather than an outright ban; and if he will make a statement on the matter. [5842/24]
View answerAs the Deputy is aware, the advice on fish stocks published by the International Council for the Exploration of the Sea (ICES) forms the basis of the scientific advice used by the European Commission in proposing Total Allowable Catches (TACs).
The ICES advice for Pollack in ICES Areas 6-7 (the waters around Ireland) for 2024 is for zero catch. A copy of this advice is available on the ICES website (www.ices.dk) from the following link:
(ices-library.figshare.com/articles/report/Pollack_Pollachius_pollachius_in_subareas_6_7_Celtic_Seas_and_the_English_Channel_/21841011?backTo=/collections/ICES_Advice_2023/6398177)
Following the conclusion of the EU-UK negotiations on 2024 fishing opportunities for shared stocks, the parties agreed on a limited, by-catch only TAC for Pollack in Areas 6-7 to avoid a "choke" situation which would lead to the premature closure of whitefish fisheries where Pollack is caught as a by-catch. Given the scientific advice for this stock, the need to balance socio-economic considerations with achieving good biological status for stocks, and taking into account the challenges of managing mixed fisheries, setting a by-catch only TAC is the most appropriate approach.
I am advised that the process leading to the advice for Pollack in 2023 was as accurate as possible, within the process that was established for assessing Pollack. The analytical model used in 2023 allows for a better assessment of stock status, based on more complete data, than the previous method which relied on landings data only.
The assessment method on which this advice is based was updated in 2023 following an ICES benchmark process. A "benchmark" is an ICES process which reviews data, establishes an agreed methodology to assess the stock and defines the reference points for management.
As part of this process, the new analysis was independently peer-reviewed to ensure the best available science is applied. The benchmark process is fully transparent and open to participation by stakeholders. The agreed assessment method is the approach that is most robust to remaining uncertainties around the data while providing advice that is based on maximum sustainable yield (MSY) in the long term.
In addition to the assessment model outputs, are a number of independent indicators that support the perception of a declining trend in the stock size, including length based indicators.
Ireland plays an important role in the scientific research to improve the understanding of the Pollack stock.
Pollack is part of the general sampling programme conducted by the Marine Institute, including port sampling and routine surveys. Work is also ongoing to collect genetic samples of Pollack to tackle uncertainty in stock identity. In addition, a new inshore survey is targeting areas not regularly sampled on the regular survey programme. These habitats are more suitable for Pollack and the data collected may help to build up an enhanced perspective on stock status.
269. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine if he is considering any changes to the approach when allocating a quota for the annual mackerel hook and line fishery in 2024; and if he will make a statement on the matter. [5843/24]
View answerManagement arrangements for the State’s fisheries, including the Mackerel fishery, have been set and developed over many years since the commencement of the Common Fisheries Policy (CFP) and the introduction of quotas. Pelagic stocks such as Mackerel are managed on an annual or seasonal basis with catch limits set based on allocation regimes developed over many years and related to historical catch records. Amendments to the Mackerel policy in 2010 and 2017 were introduced following a full review and public consultation. It should be noted that the 2017 policy is subject to a legal challenge in the Courts.
The allocation of 400 tonnes for a fishery for vessels under 15 metres in length overall fishing exclusively by hooks and lines was set down in Policy in 2010.
In order to amend Mackerel Policy, I as Minister must be satisfied that there is satisfactory evidence of changed circumstances to justify a policy review. If I consider there is a case for review of any aspect of the policy, it would require due process, involving an assessment of all issues arising, including a full public consultation.
There has been, for the past 20 years or so, intensive competition within the industry for a higher share of the mackerel quota. The EU-UK Trade and Co-operation Agreement (TCA) provides for the transfer of 26% of Ireland’s mackerel quota to the UK by 2026. This will only increase demands for a higher share of Ireland’s Mackerel quota from all sectors within the fishing fleet.
There is currently no agreement among the sectors of the fleet for change from the current approach.
