Written Answers Nos. 328-347
329. Deputy Patrick Costello asked the Minister for Justice if she will establish an owners' management company (OMC) regulator on an interim non-statutory basis to address conflicts of interest issues where OMCs are still controlled by the original builder-developers and inappropriate procurement practices being used in terms of awarding of contracts and payments being made to directors; and if she will make a statement on the matter. [8684/24]
View answer345. Deputy Bríd Smith asked the Minister for Justice if she plans to establish an owners’ management companies regulator on an interim non-statutory basis with its operations funded by a levy on OMCs; the steps she will take to guarantee impeccable governance and transparency in this regard; and if she will make a statement on the matter. [8931/24]
View answerI propose to take Questions Nos. 329 and 345 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 a 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 are subject to oversight by the Companies Registration Office and the Corporate Enforcement Authority. 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. 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.
330. Deputy Michael Lowry asked the Minister for Justice if officials in her Department will make contact with representatives of an organisation (details supplied) concerning confusion about the status of their IIP project; if officials can review correspondence; if every effort will be made to rectify any possible irregularities in order that this application can be processed and finalised; and if she will make a statement on the matter. [8692/24]
View answerAs Minister, I do not comment on individual IIP applications, however, my Department will engage with the representatives of the organisation concerned directly in this regard.
I can advise the Deputy that updated information in relation to the winding down of the Programme and the processing of applications has recently been published on my Department’s website and an updated FAQ is now available also. Both are available at the following link: www.irishimmigration.ie/processing-of-iip-applications-on-hand-following-the-closure-of-the-programme/
331. Deputy Cathal Crowe asked the Minister for Justice if she will provide details on the number of applications received by her Department for the Ireland immigrant investor programme in County Clare; and if she will provide topline detail on these applications. [8729/24]
View answerThe information as requested by the Deputy is not collated in the manner requested.
I can advise the Deputy that updated information in relation to the winding down of the Programme and the processing of applications has recently been published on my Department’s website and an updated FAQ is now available also. Both are available at the following link: www.irishimmigration.ie/processing-of-iip-applications-on-hand-following-the-closure-of-the-programme/
332. Deputy Ivana Bacik asked the Minister for Justice the average wait time for garda attendances at a scene, following a call to both emergency services and local Garda stations, in each county. [8753/24]
View answerAs the Deputy will be aware, the Garda Commissioner is by law responsible for all operational policing matters, including responses by An Garda Síochána to emergency calls. As Minister, I have no direct role in these matters.
I am advised by the Garda authorities that An Garda Síochána operates a Regional Control Room strategy which ensures that Garda resources are available to respond to calls for service from the public, including situations where a local resource is not immediately available.
Calls for service, whether received through a local Garda station or the 999 ECAS system, are routed through the Regional Control Rooms and prioritised for response. Higher priority calls will always take priority over lower priority calls.
The Garda authorities inform me that An Garda Síochána aim to answer 80% of 999 calls within 7 seconds and deploy resources immediately giving an estimated time of arrival. An Garda Síochána will take appropriate steps to deal with all incidents and ensure that emergency and life threatening calls receive priority. They will endeavour to get to callers within 15 minutes in urban locations and as soon as possible, given the distance to be travelled, in more rural areas.
333. Deputy Bernard J. Durkan asked the Minister for Justice the reason a person (details supplied) has been requested to supply another statutory declaration, different to the original one supplied with their application and proof of residency having already completed their e-vetting request; if this was sent in error; and if she will make a statement on the matter. [8818/24]
View answerThe person referred to by the Deputy has been requested to supply an updated statutory declaration in support of their application for naturalisation.
This document has been requested as the initial application relied on a Stamp 2 immigration permission as part of their overall reckonable residency. As the Stamp 2 is not reckonable for residency purposes, the person concerned did not meet the required permissions on the date of their application. Since the application has been received the applicant has accrued sufficient reckonable residency.
With this in mind, the Citizenship Division of my Department have requested a new statutory declaration, with supporting documents up to the date the statutory declaration is signed, in order for their application to proceed.
This was outlined to the applicant in a letter issued from the Division on 14 February 2024.
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: IMoireachtasmail@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.
334. Deputy Richard Boyd Barrett asked the Minister for Justice if a person (details supplied) is required to complete another on-line e-vetting; and if she will make a statement on the matter. [8840/24]
View answer337. Deputy Richard Boyd Barrett asked the Minister for Justice how long the e-vetting process takes in the naturalisation process; the length of time for which e-vetting is valid; if she is aware of the issue with inputting the county on the on-line form; and if she will make a statement on the matter. [8843/24]
View answerI propose to take Questions Nos. 334 and 337 together.
The naturalisation application from the person referred to by the Deputy continues to be processed by my Department.
I am advised by my Citizenship Division that the eVetting of the person concerned has been submitted to the Garda National Vetting Bureau (GNVB) and no action is required of the individual.
I am advised by the Garda Commissioner that the current average turnaround time for processing vetting applications is 4 working days for 85% for all GNVB applications.
If any applicant has an issue with the digital forms they can contact Citizenship Division directly at citizenshipinfo@justice.ie
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: IMoireachtasmail@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.
335. Deputy Richard Boyd Barrett asked the Minister for Justice if she is aware of the significant delays in processing times for naturalisation applications and in the sending of certificates to those who have attended naturalisation ceremonies; the current expected processing times and times to allocate certificates; and if she will make a statement on the matter. [8841/24]
View answer336. Deputy Richard Boyd Barrett asked the Minister for Justice the current number of applicants awaiting naturalisation applications to be processed; the number pending from 2021, 2022 and 2023; the estimated timeline for clearing the backlog and the percentage of rejected candidates; and if she will make a statement on the matter. [8842/24]
View answer350. Deputy Colm Burke asked the Minister for Justice when candidates who attended their citizenship ceremonies in October 2023 can expect to receive their certificates of naturalisation in view that it is now over 20 weeks since the ceremonies took place; and if she will make a statement on the matter. [9117/24]
View answer352. Deputy Colm Burke asked the Minister for Justice when candidates who attended their citizenship ceremonies in December 2023 can expect to receive their certificates of naturalisation in view that it is now over nine weeks since the ceremonies took place; and if she will make a statement on the matter. [9127/24]
View answerI propose to take Questions Nos. 335, 336, 350 and 352 together.
In a little over two years Citizenship Division has gone from processing around 12,000 applications a year to processing over 20,000 applications. This 66% increase in processing has been achieved through digitising and streamlining processes.
Last year Citizenship Division more than doubled the number of Citizenship Ceremonies available to applicants with 15 held over the course of the year. These took place in the RDS, Dublin in March, in the INEC, Killarney in June, and in the Convention Centre in both October and December. This was a significant increase on 6 Citizenship Ceremonies held in 2022.
I recognise that the delay in receiving a Naturalisation Certificate is frustrating for people and my Department is examining on how to speed up the delivery of Certificates for future Ceremonies to be held this year.
I am advised that all of the Certificates for the Ceremonies held in October 2023 have issued. However, if any applicant has not received their Certificate for any reason they should contact Citizenship Division directly at citizenshipinfo@justice.ie.
I am also advised that the majority of the 6,000 Certificates for people that attended the December ceremonies have now issued. Any applicants that are yet to receive their certificate can be assured that they will receive their Certificate of Naturalisation via registered post in the coming weeks.
Citizenship Division currently have 28,485 applications on hand all at varying stages of the application process.
The below table outlines various stages of processing for the requested years.
Finally, I can advise the Deputy that the Citizenship Division of my Department will continue to communicate regularly with all applicants to keep them informed on updates on processing times and arrangements.
|
Year |
Received |
Completed |
Deemed as criteria not met |
Pending decision |
Decision issued but awaiting final completion |
|
2021 |
11,973 |
9,753 |
222 |
1,651 |
569 |
|
2022 |
17,188 |
8,009 |
134 |
6,987 |
2,192 |
|
2023 |
23,114 |
4,162 |
460 |
18,267 |
685 |
338. Deputy Paul Donnelly asked the Minister for Justice the next date on which new Garda recruits will enter Garda training college. [8853/24]
View answerThe unprecedented allocation of over €2 billion for 2023 and €2.35 billion for 2024 to An Garda Síochána 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 its vital policing work. This funding allows for the continued recruitment of Garda members and staff.
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 for the recruitment and training of Garda members and staff. As Minister, I have no role in such matters.
However, to be of assistance I sought the information from the Garda authorities and have been informed that, the next intake of new trainees into the Garda college, is scheduled to take place on 8 April 2024.
The Deputy will be interested to know that 746 trainee Gardaí entered Templemore in 2023, the highest number to enter Templemore since 2018. 388 new Gardaí attested in 2023 and were allocated to Garda stations nationwide.
There are currently around 14,000 Garda members across the country and it is anticipated that the number of Garda members will begin to grow steadily throughout 2024.
The Deputy may be aware that there was very strong interest in the recent Garda recruitment campaign, with over 6,300 applications. The recruitment process is continuing to identify candidates to enter the Garda College over the coming period. Furthermore, the Garda Commissioner has confirmed that he has requested the Public Appointments Service to undertake a Garda Reserve competition at the earliest possible date.
339. Deputy Paul Donnelly asked the Minister for Justice the number of people held in solitary confinement within the Irish Prison Service for 21 hours or more, or locked up for more than 15 consecutive days, during 2023 and in January 2024, in tabular form. [8854/24]
View answerAs the Deputy will be aware there are a number of reasons for the restriction to a person’s regime while in custody. This includes for safety or protection reasons, on the grounds of order and to protect the prison population from the spread of infection.
My Department has taken steps to bring the Irish prison system into line with the United Nations Standard Minimum Rules for the Treatment of Prisoners (known as ‘Mandela Rules’) in respect of solitary confinement. This included the introduction of Statutory Instrument 276 of 2017 which amended Rule 27 of the Prison Rules 2007 and which provides for prisoners to be allowed to spend a minimum period of 2 hours out of his or her cell daily. This Statutory Instrument is implemented through the Irish Prison Service Policy on the Elimination of Solitary Confinement, which is publicly available on their website.
As the Deputy will be aware there are a number of reasons why a person may be on a restricted regime but this is not to say that in all instances where a person is on a restricted regime that they will be held in solitary confinement for 22+ hours a day. The Prison Rules 2007 also provide that the imposition of a restricted regime is closely monitored by the Irish Prison Service and the status of each prisoner on restricted regime within the prison system is regularly reviewed.
On occasion, it is necessary for prisoners to be separated from the general prison population. Under Rule 62 of the Prison Rules 2007, a Governor may decide, for the maintenance of good order in the prison, to remove a prisoner from general association or structured activity. The detention of a prisoner under this Rule must be reviewed by the Governor every 7 days. Where a prisoner is detained under Rule 62 for more than 21 days, the Governor must, on a weekly basis, submit a report to the Director General including the views of the prisoner, explaining the need for the continued removal of the prisoner from structured activity or association and requesting an extension on the prisoner’s detention under the Rule.
I am advised that in the past seven days, up to and including 21 February 2024, 8 prisoners have had their detention on Rule 62 extended for a further week by the Director General.
Rule 63 of the Prison Rules, 2007 provides that a prisoner may, either at his/her own request or when the Governor considers it necessary, in so far as is practicable and subject to the maintenance and good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause significant harm to him/her. The number of prisoners on Rule 63 fluctuates daily and the length of time spent on Rule 63 varies greatly as the level of threat and perceived threat changes. Prisoners on Rule 63 may be permitted to mix with other prisoners on Rule 63 in different risk groups and therefore are not necessarily detained on ‘22-hour lock-up’ or considered to be in ‘solitary confinement’. The Governor may also seek to place a prisoner on Rule 63 if information from An Garda Síochána or other intelligence sources indicate concerns about safety.
Further to this, a smaller number of prisoners may have their regimes restricted for medical (Rule 64) or for disciplinary reasons (Rule 67). Prisoners placed on a restricted regime for medical reasons are reviewed every 24 hours by the medical team and the Governor.
I can advise the Deputy that the Irish Prison Service has confirmed that statistics available regarding prisoners on a restricted regime are collated by the Irish Prison Service Statistics Unit and published quarterly on its website (www.irishprisons.ie). This information can be found in the Information Centre under Statistics & Information, Census Reports.
However, I am further advised that it is not possible to provide the Deputy with the information in relation to the length of time that individual prisoners remain on a restricted regime as this is not centrally recorded or published as part of the quarterly census.
340. Deputy Paul Donnelly asked the Minister for Justice the number of WTE civilian intelligence analysists at the grade of administrative officer employed within An Garda Síochána in 2022, 2023 and to-date in 2024, in tabular form. [8856/24]
View answerAs 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 for the recruitment, training and allocation of Garda members and staff to a given unit. As Minister, I have no role in such matters.
To be of assistance to the Deputy, I have contacted the Garda authorities who have informed me that no Administrative Officer was employed as an intelligence analyst in the years requested.
341. Deputy Emer Higgins asked the Minister for Justice if she will provide a list of what forms persons can attend a Garda station for official approval with a stamp; and if she will make a statement on the matter. [8895/24]
View answerAs the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. As Minister, I have no role in any operational matters for the Garda Commissioner.
I have been advised by the Garda authorities that there are a number of forms available on the Garda Portal, each of which would require examination to determine if they require a Garda Station stamp. To complete this examination and compile this information would involve a disproportionate expenditure of Garda resources. In addition, a number of forms not owned, issued or available to An Garda Síochána require a Garda Station stamp. It is not possible to provide details of these.
342. Deputy Éamon Ó Cuív asked the Minister for Justice how many Gardaí in Galway City and County have completed the CBD level 1 and CBD level 2 driver training course. [8896/24]
View answer343. Deputy Éamon Ó Cuív asked the Minister for Justice how many gardaí do not have any formal driver training in Galway City and County. [8897/24]
View answerI propose to take Questions Nos. 342 and 343 together.
As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005 (as amended), it is the Garda Commissioner who is responsible for managing and controlling generally the administration and business of An Garda Síochána, including the training of its members and civilian staff. I, as Minister, have no role in the matter.
I am informed by the Commissioner that there is a five-level suite of competency based driving (CBD) courses, with each level specifically catering for the required knowledge base, skill set and operational requirements of Garda members.
CBD Level 1 consists of a one-day assessment programme. Members who successfully complete CBD Level 1 will be deemed competent to carry out non-response driving functions and routine driving functions commensurate to the role.
CBD Level 2 is a two-week Competency Based Driving Course aimed at frontline Garda Drivers. This course contains Road Craft techniques and emergency response driving.
CBD Level 3 is an addition to the CBD2 course and is of three weeks in duration. This course has a requirement for a higher skillset of driving to facilitate the driving of higher powered vehicles. I am advised that Competency Based Driving Level 3 is the highest level of training given to operational members.
The more specialised levels CBD4 and CBD5 are only delivered to members undergoing the selection process to become Garda Driving Instructors.
With respect to the specific information requested by the Deputy, I have been informed that there are currently 12 Garda members, which also includes Probationer Gardaí, who do not have any formal driver training in the Galway Division.
I am further informed that, in 2023 in the Galway Division, 27 Garda members completed CBD Level 1 and 21 completed CBD Level 2. To date in 2024, fewer than 10 Garda members in the Galway Division completed CBD Levels 1 or 2.
As the Deputy will appreciate, the allocations of training courses are on a divisional basis with Garda Members selected by local management.
344. Deputy Michael Ring asked the Minister for Justice the number of fines issued to airlines for allowing people into the country without documentation in the past five years, in tabular form; and if she will make a statement on the matter. [8922/24]
View answerThe Garda National Immigration Bureau (GNIB) has responsibility for issuing Carrier Liability, notices and warnings and for the imposition of Carrier Liability Fines on carriers who permit a non-national to travel with their airline or ferry without the necessary documentation, as per the provisions under Section 2(1) of the Immigration Act 2003.
It is not the Department’s assessment that passengers are boarding planes without any documentation, but rather that they are presenting documentation, sometimes false, sometimes not validly issued to them, but are no longer in possession of that documentation when they arrive at border control.
The fines paid over the last five years are provided below.
|
Year |
Amount for year |
|
|
2019 |
€1,003,470 |
|
|
2020 |
|
€624,000 |
|
2021 |
|
€826,500 |
|
2022 |
€1,102,500 |
|
|
2023 |
€1,476,000 |
The number of fines issued in 2023 and 2022 was 990 and 958 respectively. Information is not readily available on the number issued in the previous three years but has been sought from the Garda authorities.
In parallel, and in support of these obligations, Immigration Officials are actively engaging with airport authorities and airlines at a senior level to underscore the importance of passengers possessing correct documentation and to provide support in helping them to reduce the number of passengers boarding flights without the correct documentation.
The Border Management Unit and the GNIB are working closely with airlines on a range of measures to ensure that passengers have such documentation when boarding. Border Management Unit officials are available 24/7 to assist airlines with queries they have in relation to immigration matters.
2023 has seen a reduction of one third in the number of persons arriving at Dublin Airport without the correct documentation.
I can further advise the Deputy that my officials have begun a review of the Carrier Liability provisions.
346. Deputy Mick Barry asked the Minister for Justice further to Parliamentary Question No. 512 of 7 March 2023, and a subsequent reply (details supplied), if she will report on progress on the payment of an ex-gratia payment to a person; and if she will make a statement on the matter. [8978/24]
View answerIt 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.
347. Deputy Brendan Griffin asked the Minister for Justice her views on the alignment between the objective of the Gambling Regulation Bill to protect vulnerable persons and the exclusion of the National Lottery from the purview of the Gambling Regulatory Authority of Ireland, particularly in light of recent findings from the Economic and Social Research Institute study on problem gambling, which identified lotteries and scratch cards as the most prevalent forms of gambling and thus, addiction; how this exemption aligns with the broader objectives of the Bill aimed at promoting responsible practices within the gambling industry; and if she will make a statement on the matter. [9031/24]
View answer348. Deputy Brendan Griffin asked the Minister for Justice the reason the National Lottery is being excluded from being regulated by the new Gambling Regulatory Authority of Ireland, particularly when local lotteries run by local charities and local voluntary groups will be subject to such regulation; the reason the National Lottery will not be included in the watershed ban on advertising of gambling products proposed in the Gambling Regulation Bill 2022, when all other forms of gambling will be, including advertising charity lotteries and bingo games; how such a stance is in keeping with the Bill's objective of a balanced regulatory approach; and if she will make a statement on the matter. [9032/24]
View answerI propose to take Questions Nos. 347 and 348 together.
The Gambling Regulation Bill 2022 sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na hÉireann, the Gambling Regulatory Authority of Ireland – and for a robust regulatory and licensing regime to regulate gambling in-person and online including lotteries and other similar gambling activities permitted under the Bill and for the regulation of gambling advertising, websites and apps.
The Bill completed Committee Stage in Dáil Éireann on 11 July 2023 and my Department is currently preparing amendments to the Bill for Report Stage. I am hopeful that the Bill will be enacted in the coming months.
As the Deputy will be aware, the National Lottery and its activities comes under the remit of the Department of Public Expenditure, NDP Delivery and Reform. While the National Lottery will not fall under the remit of the Gambling Regulatory Authority of Ireland, the operation of the National Lottery is subject to the provisions of the National Lottery Act 2013 and is already regulated by its own dedicated regulator – the Regulator of the National Lottery.
