Brendan Griffin
Question:349. Deputy Brendan Griffin asked the Minister for Justice if additional funding will be provided to an organisation (details supplied) in Kerry in 2024; and if she will make a statement on the matter. [9035/24]
View answerDomestic Violence
Questions (349)
Written answers
As the Deputy is aware, earlier this year the Government established Cuan, a new statutory agency with a dedicated focus on Domestic Sexual and Gender-Based Violence.
The agency has a specific mandate to drive the implementation of the Zero Tolerance: Third National Strategy on Domestic, Sexual and Gender-Based Violence across Government, bringing the expertise and focus required to tackle this complex social issue. As part of it's remit, the agency has responsibility for the provision of DSGBV services, including the provision and funding of refuge spaces and rape crisis centers.
As such, I have referred the questions posed by the Deputy to Cuan for direct reply.
Question No. 350 answered with Question No. 335.
Legislative Measures
Questions (351)
Violet-Anne Wynne
Question:351. Deputy Violet-Anne Wynne asked the Minister for Justice if she will consider putting a regulator in place to assist people in availing of the remediation scheme in respect of the not our fault campaign and issues arising with management companies; and if she will make a statement on the matter. [9121/24]
View answerWritten answers
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.
In addition, 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.
Regarding the remediation scheme, in January 2023, Minister Darragh O’Brien, received Government approval to draft legislation to establish supports for the remediation of fire safety, structural safety and water ingress defects in purpose-built apartment buildings, including duplexes, constructed between 1991 and 2013. This legislation will provide a statutory basis for the establishment of a remediation scheme aimed at protecting the safety and welfare of those living in apartments or duplexes with such defects. It is expected the draft legislation will be published in 2024 and that, subject to the legislative process, the statutory scheme will be in place shortly thereafter.
In December 2023, Minister O'Brien also announced the opening of the Interim Remediation Scheme for the funding of emergency fire safety defect works in apartments and duplexes, constructed between 1991 and 2013. The Scheme operates as follows: OMCs who submit a valid application will receive funding to carry out the necessary remedial works. Only applications from authorised representatives of OMCs will be considered. Funding will not be directly allocated to any individual homeowner through this Interim Remediation Scheme. The Interim Remediation Scheme is being administered by the Housing Agency on a nationwide basis. Further information is available on the Housing Agency’s website: www.housingagency.ie/interim-remediation-scheme-fire-safety-defects-eligible-apartments-and-duplexes-2023
Question No. 352 answered with Question No. 335.
Immigration Status
Questions (353)
Bernard Durkan
Question:353. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed to update a stamp to stamp 4 in the case of a person (details supplied) who is currently working in Ireland as a dependent on stamp 1G; and if she will make a statement on the matter. [9139/24]
View answerWritten answers
The person referred to by the Deputy holds a Stamp 1G immigration permission valid until 24 May 2024.
It is open to the person concerned to apply to the Immigration Service of my Department for a change of immigration status if they meet the criteria for doing so.
Detailed information on how to change immigration permission is available on the Immigration Service website at: www.irishimmigration.ie/registering-your-immigration-permission/changing-your-immigration-permission/
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 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 email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
Asylum Applications
Questions (354)
Bríd Smith
Question:354. Deputy Bríd Smith asked the Minister for Justice if he will compassionately examine an asylum application by a person (details supplied) and expedite a decision, given the extreme urgency of the situation; and if she will make a statement on the matter. [9189/24]
View answerWritten answers
As the Deputy will be aware Department is unable to publish any information that would identify any person as being an international protection applicant. This is a separate matter to the law dealing with data protection matters more generally.
My officials and I are legally obliged, under Section 26 of the International Protection Act 2015, to ensure that the identity of any person who applies for international protection is kept confidential. Section 26(1) sets out that:
“the Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential”.
As I am sure you will appreciate, these confidentiality requirements are especially important for an asylum-seeker, whose claim inherently supposes a fear of persecution by the authorities of their home country and whose situation, or that of their family or friends still living in the country from which they have sought protection, can be jeopardised if the protection of their personal information is not ensured.
Therefore, if an application for international protection has been made in the State, it is not the practice to comment on such applications. The applicant or their designated legal advisor can contact the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate, for an update on the status of their application.
The Chief International Protection Officer and his International Protection Officers are independent by law in the exercise of their international protection functions. They are also bound by confidentiality provisions in respect of applicants as set out in the 2015 Act. As a result, they may only correspond with the applicant or their legal representative in the processing of their application.
Naturalisation Applications
Questions (355)
Cathal Crowe
Question:355. Deputy Cathal Crowe asked the Minister for Justice when a person (details supplied) can expect her passport and other relevant paperwork to issue following a naturalisation ceremony; and if she will make a statement on the matter. [9198/24]
View answerWritten answers
In a little over two years the Citizenship Division of my Department 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 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.
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.
Naturalisation Applications
Questions (356)
Catherine Connolly
Question:356. Deputy Catherine Connolly asked the Minister for Justice the status of an application for a naturalisation certificate in respect of a person (details supplied); if the certificate has issued to-date; if not, the expected timeline for it to issue; and if she will make a statement on the matter. [9234/24]
View answerWritten answers
In a little over two years the Citizenship Division of my Department 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 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.
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.
State Bodies
Questions (357)
Paul Donnelly
Question:357. Deputy Paul Donnelly asked the Minister for Justice the number of WTE vacancies, by job title currently in the Gambling Regulatory Authority of Ireland; and when she expects each of those vacancies to be filled, in tabular form. [9250/24]
View answerWritten answers
The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in-person perspective.
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 Authority will implement a robust regulatory and licensing regime for the gambling sector.
A Programme Board has been established to ensure that the legislation and the operational preparations are progressed in parallel so that the Authority is in a position to commence operations, on a phased basis, as soon as possible after enactment of the Bill. Planning is progressing in the expectation that the legislation will be enacted in the coming months.
The Authority will implement a robust regulatory and licensing regime for the gambling sector. Ms Anne-Marie Caulfield was appointed as the CEO Designate in September 2022 and is progressing this preparatory work.
An Implementation Support Team is now in place, aided by contracted service and supported by the Programme Board. Recruitment of certain key staff for the Implementation Support Team and to develop critical functions of the Authority proceeded in late 2023 and into 2024, based on sanctions approved by the Department of Public Expenditure, NDP Delivery and Reform.
There is currently approved sanction for 11 positions (as set out in the below table) all newly created and being progressively filled, with 7 appointments now made to the following positions: 1 Chief Executive Officer Designate – Assistant Secretary, 2 Head of Function - Principal Officer (standard), 1 Assistant Principal Officer, 2 Higher Executive Officer and 1 Executive Officer. 4 of the 11 sanctioned positions are currently being recruited, for 1 Head of Function – Principal Officer (standard), 1 Administrative Officer and 2 Higher Executive Officers. Two of these vacancies are expected to be filled in March 2024, one vacancy is at a very advanced recruitment stage and the final vacancy will be advertised in the coming weeks.
Further appointments will be made on a progressive basis through 2024.
Table: Recruitment to the Implementation Support Team for the Gambling Regulatory Authority of Ireland
|
Position / grade |
Positions filled |
Positions being recruited currently |
Total sanctioned posts |
|
CEO Designate (Assistant Secretary) |
1 |
|
1 |
|
Head of Function (Principal Officer, standard) |
2 |
1 |
3 |
|
Assistant Principal Officer |
1 |
|
1 |
|
Administrative Officer |
|
1 |
1 |
|
Higher Executive Officers |
2 |
2 |
4 |
|
Executive Officer |
1 |
|
1 |
|
Total |
7 |
4 |
11 |
Domestic Violence
Questions (358)
Alan Kelly
Question:358. Deputy Alan Kelly asked the Minister for Justice the estimated current and capital costs of providing eight additional staffed family refuge spaces. [9263/24]
View answerWritten answers
As the Deputy is aware, earlier this year the Government established Cuan, a new statutory agency with a dedicated focus on Domestic Sexual and Gender-Based Violence.
The agency has a specific mandate to drive the implementation of the Zero Tolerance: Third National Strategy on Domestic, Sexual and Gender-Based Violence across Government, bringing the expertise and focus required to tackle this complex social issue. As part of it's remit, the agency has responsibility for the provision of DSGBV services, including the provision and funding of refuge spaces.
As such, I have referred the questions posed by the Deputy to Cuan for direct reply.
EU Funding
Questions (359)
Alan Kelly
Question:359. Deputy Alan Kelly asked the Minister for Justice if An Garda Síochána or her Department has made funding applications for projects under the EU Anti-Fraud Programme in 2023 and to-date in 2024; and if so, the applications. [9264/24]
View answerWritten answers
I have contacted the Garda authorities for the information requested by the Deputy. Regrettably, this information was not available in time and I will write to the Deputy directly when it is to hand.
An Garda Síochána
Questions (360)
Alan Kelly
Question:360. Deputy Alan Kelly asked the Minister for Justice the number of WTE civilian equine instructors working in the Garda mounted unit in 2023 and to-date in 2024, in tabular form. [9265/24]
View answerWritten answers
The unprecedented allocation of over €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 by arranging for the recruitment, training and appointment of its members and civilian staff.
I am, however, assured that Garda management keeps the distribution of resources under continual review to ensure their optimal use.
I am advised by the Garda authorities that there are currently no civilian equine instructors attached to the Garda Mounted Unit.
Ukraine War
Questions (361)
Niamh Smyth
Question:361. Deputy Niamh Smyth asked the Minister for Justice if she will review case (detail supplied); and if she will make a statement on the matter. [9283/24]
View answerWritten answers
I can advise the Deputy that Temporary Protection in Ireland applies to the following groups of people who have had to flee Ukraine due to the invasion by Russia:
Ukrainian nationals who were residing in Ukraine before 24 February 2022;
Nationals of a third country (other than Ukraine) or a stateless person who would have benefited from international protection (for example: Refugee status) or an equivalent national protection status in Ukraine and were residing there before 24 February 2022;
Family members of persons covered by a) and b), where their family already existed in Ukraine, prior to 24 February.
Applicants must provide their identity documents and proof of residency in Ukraine prior to 24 February 2022 in order to meet the criteria for temporary protection. This proof can take many forms including; evidence of address, medical records, educational records, banking records etc.
Ukrainian nationals who do not meet the criteria set out above have no entitlement to temporary protection or to the benefits associated with that status, and are subject to the general immigration requirements applying to third country nationals.
I am advised that the person referred to was requested to contact the Immigration Service Registration Office but has not made any contact to date. The Department examines each application to remain in the State on a case-by-case basis and would advise this person to come forward if they wish to apply to regularise their immigration position in the State.
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 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.
Prison Service
Questions (362)
Jackie Cahill
Question:362. Deputy Jackie Cahill asked the Minister for Justice the number of serving or past members of An Garda Síochána who applied for positions within the Prison Service between 1 January 2020 and 31 January 2024 and were given job offers following these applications; and if she will make a statement on the matter. [9296/24]
View answerWritten answers
I am advised by the Irish Prison Service that statistics are not compiled or maintained in the manner requested by the Deputy. To provide this information would require a manual examination of a considerable amount of records, such an examination would require a disproportionate and inordinate amount of staff time and resources which I regret could not be justified.
An Garda Síochána
Questions (363)
Claire Kerrane
Question:363. Deputy Claire Kerrane asked the Minister for Justice the current staffing levels in a Garda station (details supplied); the opening hours of the station; and if she will make a statement on the matter. [9304/24]
View answerWritten answers
The unprecedented allocation of over €2.35 billion for 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.
As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the distribution of Garda members between the various Garda stations. As Minister, I have no role in such matters.
The Deputy will also be aware that An Garda Síochána do not police on a station basis, but rather on a Divisional basis, and see stations as locations within communities for people to attend, and for resources to be accommodated. Policing for an area will be delivered using all resources in a District/ Community Engagement area and supported by Divisional resources and units.
I am advised that on the 31 January 2024, the latest date for when figures are available, there were 601 Garda members and 105 Garda staff assigned to the Mayo/Roscommon/Longford Division.
I am informed that at the end of January, as there were fewer than 10 Garda members permanently assigned to Elphin station and as such an exact number cannot be specified, the opening hours of the station may vary.
I am however advised that when Elphin Garda station is closed, the surrounding area is supported by Castlerea Garda station. I am further advised that Castlerea station is open 7 days a week on a 24 hour basis.
I am informed that at the end of January 2024 there were 33 Garda members assigned to Castlerea Garda station, which includes 21 Gardaí, 10 Sergeants, 1 Inspector and 1 Superintendent. These Garda members are supported by 11 Garda staff.
As the Deputy is aware the rollout by the Garda Commissioner of the new Garda Operating Model is continuing and meets a key recommendation of the Commission on the Future of Policing in Ireland.
The model, which is now fully operational in Mayo/Roscommon/Longford, is designed to make changes to the structures of An Garda Síochána to provide for more frontline Gardaí, increased Garda visibility, and a wider range of policing services for people in their local area.
Further detailed information in relation to the allocation of Gardaí by Division and Station can be found at the following link: www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/
Victim Support Services
Questions (364)
Fergus O'Dowd
Question:364. Deputy Fergus O'Dowd asked the Minister for Justice if he will respond to and his views on a press release from an organisation (details supplied); and if she will make a statement on the matter. [9370/24]
View answerWritten answers
I have been informed that, in January 2010, the then Minister for Health and Children appointed the Hon. TC Smyth, SC, retired Judge of the High Court, to carry out an independent non-statutory review into the procedures and practices operating at Our Lady of Lourdes Hospital Drogheda during the period 1964 to 1995 to protect patients from sexual abuse while undergoing treatment or care at the hospital and to deal with allegations of sexual abuse against Mr. Michael Shine.
I have also been informed that Judge Smyth reported in September 2010 and recommended that it would not be in the public benefit, as envisaged in the Terms of Reference, to undertake a further investigation at that time.
I recently met with the group on whose behalf the Deputy has asked this question and it is my intention to go back to them to discuss options for addressing the issues they raised. However I’m sure the Deputy will appreciate that the opening of a further investigation into these matters would, in the first instance, need to be agreed by the Minister for Health.
Data Centres
Questions (365)
Cormac Devlin
Question:365. Deputy Cormac Devlin asked the Minister for Justice the location of the data centre or centres used by her Department; the reason it was chosen; the distance it is from her Department’s offices; if he will identify the centres used by each agency under her Department’s aegis; and the distance these data centres are to their offices; and if she will make a statement on the matter. [9398/24]
View answerWritten answers
In common with other Government Departments, my Department has in place comprehensive arrangements to support Data security. The technical team operates and monitors all relevant systems to the highest levels, and liaises closely with the Office of the Government Chief Information Officer (OGCIO) and the National Cyber Security Centre (NCSC) to ensure that best and up to the minute practice is followed.
I hope the Deputy will appreciate that for sound reasons of operational and national security, it would not be prudent or appropriate to disclose details of the Department’s information technology infrastructure including location of data centres or those of State offices, agencies and bodies under its remit.
Agriculture Schemes
Questions (366)
Jackie Cahill
Question:366. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine if he will provide an update on a derogation appeal (details supplied); and if he will make a statement on the matter. [8677/24]
View answerWritten answers
A review decision letter recently issued to the named individual in response to his request for a review of my Department's decision to reject his holding from the Nitrates Derogation and the financial penalty this resulted in.
Holdings rejected from the Nitrates Derogation are subject to the normal stocking rate limit of 170 kg livestock manure nitrogen per hectare for the year in question. If that limit is breached a financial penalty may then apply.
The letter that issued addressed the named individual's queries and also informed him of his right to seek an appeal with the Agriculture Appeals Office should he wish to do so.
Forestry Sector
Questions (367)
Paul Kehoe
Question:367. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine the sources of information, and if the information was peer reviewed, that led to the development of the new bird and bird foraging layers on IForIS, in tabular form; and if he will make a statement on the matter. [8693/24]
View answerWritten answers
My Department use several sources of data to safeguard protected bird species, in carrying out its functions in deciding on afforestation licence applications.
The following table details the sources used to generate the new bird related layers on iFORIS.
|
- |
Layer |
Source |
|
1 |
Hen Harrier Red Areas (HLNAs) layer (Layer not available on iNET, due to its confidential nature) |
High Likelihood of Nesting Area (HLNA) dataset supplied by NPWS to DAFM for use under its Forestry & Hen Harrier Potential Disturbance Protocol for SPAs. Dataset includes records held by NPWS (including national survey results) and year-on-year data collected under the Hen Harrier EIP Project (now closed).A buffer is added to this data by my Department. |
|
2 |
Hen Harrier Current Breeding Distributions and Ranges (Article 12) layer |
This information is compiled by NPWS published and submitted to the European Commission, as required under Article 12 of the Birds Directive. |
|
3 |
Breeding Curlew (Layer not available on iNET, due to its confidential nature) |
Datasets of nest sites forwarded by NPWS to DAFM, including, records from the 2021 National Survey, records from 2022 and 2023 from the NPWS-DAFM co-funded Curlew Conservation Programme; and data previously provided by NPWS, containing records from 2015 to 2020.A buffer is added by my Department |
|
4 |
Breeding Farmland Waders Hotspots Layer plus underlining species-specific layers |
Based on Breeding Farmland Wader Hotspots (85th percentile) map (Figure 9) and associated single-species maps, from BirdWatch Ireland’s Farmland Bird Hotspot Mapping (Phase 2) Project Report (29 August 2022). Published by BirdWatch Ireland under a project part funded by my Department. |
|
5 |
Farmland Birds Hotspot layer |
Based on the Farmland Bird Hotspots (85th percentile) map (Figure 7) from BirdWatch Ireland’s Farmland Bird Hotspot Mapping (Phase 2) Project Report (29 August 2022). Published by BirdWatch Ireland under a project part funded by my Department. |
IFORIS contains many layers from various sources. Peer review is normally used to examine an academic paper prior to it being published. The map data used in IFORIS are not subject to the peer review process.