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Tuesday, 5 Mar 2024

Written Answers Nos. 494-513

An Garda Síochána

Questions (495)

Aengus Ó Snodaigh

Question:

495. D'fhiafraigh Deputy Aengus Ó Snodaigh den Aire Dlí agus Cirt eolas a thabhairt maidir le comórtais earcaíochta don Gharda Síochána idir 2022 agus 2024, go háirithe líon iomlán na n-iarrthóirí, líon na ndaoine a léirigh suim sa tSruth Gaeilge, líon iomlán na n-iarrthóirí a cháiligh mar Gharda agus líon na n-iarrthóirí ón tSruth Gaeilge a cháiligh mar Gharda. [10587/24]

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Written answers

Ar an drochuair, níl mé in ann an t-ábhar a sholáthar laistigh den am atá ar fáil. Cuirfidh mé freagra ar aghaidh chuig na Teachta Dála i bhfoirm scríofa sna laethanta amach romhainn.

An Garda Síochána

Questions (496)

Jackie Cahill

Question:

496. Deputy Jackie Cahill asked the Minister for Justice if An Garda Síochána keep records from exit interviews of gardaí leaving the force early, that is, not due to retirement, to better understand the reason members are leaving the force in large numbers; if her Department has conducted research to understand same; and if she will make a statement on the matter. [10665/24]

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Written answers

At the outset I would like to assure the Deputy that I have been absolutely committed to providing An Garda Síochána with the resources need to make sure communities around Ireland are safe and feel safe.

In 2024, I have provided a budget allocation of over €2.35 billion to An Garda Síochána. This is a 25% increase since 2020 and will allow for the sustained recruitment of between 800 to 1,000 new Garda recruits this year.

It is anticipated that the number of Garda members will begin to grow steadily throughout 2024.  

As the Deputy will be aware, the Garda Commissioner is responsible by law for the management and administration of An Garda Síochána, including HR matters. 

As the Deputy will appreciate, matters relating to the resignation of Garda members is a matter for the Garda Commissioner and I have no role in these matters. 

It is important to emphasise that, of the almost 14,000 sworn members currently working in the Garda organisation, 169 resigned last year, representing a little more than 1% of total Garda members.

Any increase in the number of resignations should be viewed in this context. It should also be viewed in the context of a highly competitive jobs market.

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

I am advised by the Garda authorities that at this time, there is not sufficient data to extrapolate definitive themes. However, I am informed that there will be an option, available shortly, of a confidential online survey that will increase capacity to collect data from those who resign from An Garda Síochána.

Visa Agreements

Questions (497)

Paul Murphy

Question:

497. Deputy Paul Murphy asked the Minister for Justice to provide any updates in relation to the requirement for a visa for Colombians to travel to Ireland (details supplied). [10670/24]

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Written answers

The position remains that, while there is no current plans to alter the visa regime for nationals of Colombia in the short-term, the situation is kept under review. 

In support of visa processing in Colombia, Ireland has recently opened a Visa Application Centre (VAC) in Bogota. I should also point out that we have also extended the multi-entry visa option for up to 5 years for all visa required countries. These measures should assist in timely processing of visa applications and a more flexible visa package for Colombian citizens visiting Ireland.

Naturalisation Applications

Questions (498)

Jackie Cahill

Question:

498. Deputy Jackie Cahill asked the Minister for Justice the average length of time a naturalisation application remains queued for processing, before reaching staff for assessment; and if she will make a statement on the matter. [10671/24]

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Written answers

I understand the extended wait times can be frustrating for naturalisation applicants and my Department has been working hard to clear backlogs.  The specific information as requested by the Deputy is not collated in the manner described.  The current median processing time is 19 months.

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.

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.  

Finally, I can advise the Deputy that the Citizenship Division of my Department continues to communicate regularly with all applicants to keep them informed as to updates on processing times and arrangements.

Naturalisation Applications

Questions (499)

Michael Ring

Question:

499. Deputy Michael Ring asked the Minister for Justice when a person (details supplied) will receive their certificate of naturalisation, considering that their application was approved in July 2023; and if she will make a statement on the matter. [10684/24]

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Written answers

I am advised by the Citizenship Division of my Department that correspondence will issue to the person referred to by the Deputy in relation to this application in the coming days.

I am deeply conscious of how important the granting of naturalisation is to all of those who apply for it. I recognise that the delays in progressing times are frustrating for people and 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. 

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.  

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.

Visa Applications

Questions (500)

Niall Collins

Question:

500. Deputy Niall Collins asked the Minister for Justice if she will provide an update on an application and-or appeal (details supplied); if this can be expedited; and if she will make a statement on the matter. [10690/24]

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Written answers

The visa application referred to by the Deputy was refused by on 31 October 2022. The reasons for this decision was set out in the refusal letter sent to the applicant on 02 November 2022. An appeal of this decision was received in the Dublin Visa Office on 28 November 2022.

All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on our website. Applicants that meticulously follow these guidelines have an improved prospect of receiving a positive decision at first instance.

It should be noted that visa appeals are dealt with in strict chronological order. 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/

Processing times can change during the year, for example before holiday periods or for study applications prior to a new college year.

A decision will be issued to the applicant as soon as full consideration has been given by a Visa Appeals Officer.

It should be noted that the granting of an employment permit by the Department of Enterprise, Trade and Employment is not the sole determining factor as to whether a visa will subsequently be granted by my Department. These are two very distinct application processes with different checks and procedures in place in each respective Department.

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.

Question No. 501 answered with Question No. 472.
Question No. 502 answered with Question No. 472.

Road Traffic Accidents

Questions (503)

Seán Sherlock

Question:

503. Deputy Sean Sherlock asked the Minister for Justice further to Parliamentary Question No. 25 of 28 February 2024, the number of incidents recorded by all agencies at certain intersections (details supplied) by type of incident, time of day and month, for the years 2019 to 2023 and to date in 2024, in tabular form. [10762/24]

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Written answers

Road safety is a shared responsibility, and it is one which this Government takes very seriously. As the Deputy will appreciate, road safety policy falls under the remit of my colleague, the Minister for Transport. 

It is my understanding that Parliamentary Question No. 25 of 28 February was answered by the Minister of State at the Department of Transport. 

As noted in Minister Chambers' response to the Deputy, the Road Safety Authority (RSA) has a statutory remit to report on fatal, serious and minor injury collisions on public roads. This would include the areas requested by the Deputy.

The RSA is responsible for publishing official statistics sourced from information supplied by all agencies. As the Deputy will appreciate, as Minister for Justice I have no remit over the information supplied by agencies/bodies such as Transport Infrastructure Ireland to the RSA to enable them to fulfil this statutory responsibility. 

The Garda Commissioner is responsible for the management and administration of Garda business, including information sharing with other Government agencies/bodies such as the RSA. As Minister, I have no role in these independent functions. 

I have contacted An Garda Síochána for any operational information they may have, and I have been advised by the Garda authorities that to compile the specific information requested by the Deputy, in the format requested, would require a disproportionate expenditure of Garda time and resources.

Asylum Applications

Questions (504)

Carol Nolan

Question:

504. Deputy Carol Nolan asked the Minister for Justice to provide data on the number of persons who arrived into the State with incorrect, false or no documentation and who subsequently claimed asylum for the years 2018 to date; the number of those who did so and are still resident here; and if she will make a statement on the matter. [10794/24]

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Written answers

The Deputy will appreciate that the establishment of a person’s identity and nationality is an important feature of our immigration processes.

The Border Management Unit (BMU) and the Garda National Immigration Bureau (GNIB) are working closely with airlines on a range of measures to ensure that passengers have the appropriate travel documentation when boarding. Immigration officials are available 24/7 to assist airlines with queries in relation to immigration matters. 

In addition to providing advice to airlines on specific queries, training is provided to airline ground staff on current travel documentation requirements to help them reduce the number of passengers boarding flights without correct documentation. The Department has recorded a 34% reduction in 2023 in the number of persons arriving in the State without the appropriate documentation. I can further advise the Deputy that my officials have begun a review of the Carrier Liability provisions.

Data of undocumented arrivals from 2022 to date has been detailed in the table below.  Data has been collected in this format since October 2021, hence the equivalent data for previous years is not available.  It is a offence under Section 11 of the Immigration Act 2004, for a non national to arrive in the state not in possession of a valid passport or equivalent document. The majority of those who present without appropriate documentation and are refused leave to land seek to enter the international protection process.  It is also the case that some people with valid travel documents seek to enter the international protection process, hence the number of applicants for asylum includes persons who presented with valid documents.

Year

Total Refusals

Undocumented Arrivals

False Documents + Imposters

Claimed Asylum

2022

7,662

4,968

832

6,765

2023

5,825

3,287

872

4,712

*Data provided is correct at time of issue and may be subject to data cleansing.

At the International Protection Office where full applications are lodged, information provided by applicants in support of their application, including documents concerning their identity, are recorded as part of the applicants file, but are not stored in a manner which allows detailed data to be extracted in the manner sought by the Deputy, including with respect to the current status of applicants who arrived without documentation.

Probate Applications

Questions (505)

James Lawless

Question:

505. Deputy James Lawless asked the Minister for Justice to examine a mater (details supplied); and if she will make a statement on the matter. [10831/24]

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Written answers

The sale of properties can involve a series of steps usually starting with a decision to sell, the appointment of an estate agent or auctioneer, a non-binding agreement to purchase (generally known as going “sale agreed”). This is typically followed by the investigation of title where the seller’s solicitor provides detailed evidence of title to buyer’s solicitor, who checks it and raises detailed queries for reply by seller’s solicitors.

Since the introduction of the PCIT (Pre-contract investigation of title) process in recent years, checks on title are concentrated in this stage: formerly, they were mainly post-contract. There are, however, further post-contract checks. Requiring the granting of probate in relevant cases prior to advertising a sale would add a fixed constraint to this process that would prevent movement on other aspects of the process. As the granting of probate can be straightforward in most cases, it is difficult to see how this constraint would be of overall benefit to the process of transferring properties.  Preventing the advertising for sale of properties prior to the granting of probate could in itself add undue delay to the process of selling properties by executors.

In terms of the granting of probate in the conveyancing process, I am advised by the Courts Service that, as part of the organisation's Modernisation Programme, funding has been allocated to the Courts Service to develop an online probate system called eProbate. 

The project will deliver a facility to submit and track applications for Grants of Representation online via a public facing portal.  This new digital solution is currently in the early stages of development and will continue to be developed throughout 2024 with an expected public launch and rollout in the first half of 2025.  

The public facing portal will act as a single point of contact for users to submit and track their applications through the entire process. 

The electronic submission of applications through the online portal, combined with automated validation of key information at submission time, will enable faster and more efficient processing of applications, with the aim of reducing waiting times.

I can also advise the Deputy that the Taoiseach recently established a Working Group on Conveyancing and Probate to carry out a review of current conveyancing and probate processes and identify scope for greater efficiency and streamlining. The group comprises various experts including a solicitor, an auctioneer, consumer advocates as well as officials from the Department of the Taoiseach, the Department of Housing, Local Government and Heritage, and my Department.

I understand that among the issues being considered by the group is how the provision of information by the vendor on issues such as pending probate processes can provide greater clarity for a purchaser in advance of going sale agreed.  

It is envisaged that this Group will report with its recommendations by the Summer, and I along with ministerial colleagues, look forward to that report.

Sentencing Policy

Questions (506)

Donnchadh Ó Laoghaire

Question:

506. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice if she will provide details of correspondence or reports she has received from the Judicial Council regarding its responsibility for sentencing guidelines within the past two years. [10834/24]

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Written answers

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

Just Transition

Questions (507)

Darren O'Rourke

Question:

507. Deputy Darren O'Rourke asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 27 of 14 December 2023, to report on the work of the just transition commission, specifically in relation to the recommendation of the National Economic and Social Council; if a decision has been made regarding the establishment of an implementation group for climate transition in agriculture; and if he will make a statement on the matter. [9977/24]

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Written answers

The NESC report makes 20 recommendations across four key areas and the Climate Action Plan Action 23 states that these should be considered as part of the agriculture sector’s climate initiatives. My Department has carried out a mapping exercise on the 20 recommendations, which has found that the vast majority are already underway as part of existing policy and ongoing.

Regarding the specific recommendation that an "Implementation Group for Climate Transition in Agriculture" be established, this was considered in the context of the other processes and structures currently in place. This includes the work being led by the Minister of Environment and Climate Change on the Just Transition Commission and progress on Phase 2 of the Land Use Review. It is important to ensure that there will be no duplication of effort as we progress this essential work and I am mindful of the workload on our systems and those of our stakeholders in implementing the goals of our climate ambitions, and also the need to be as efficient as possible in our work. 

Therefore, I have decided to monitor implementation of the NESC recommendations through the Food Vison 2030 Environmental Sub-Group. This group reports into the dedicated implementation group for Food Vision known as the High Level Implementation Committee, which I chair. 

Export Controls

Questions (508)

Jackie Cahill

Question:

508. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine how small abattoirs may apply for an export certification; and if he will make a statement on the matter. [9985/24]

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Written answers

Small abattoirs are subject to approval and supervision by Local Authorities. 

Regarding export certification, small abattoirs should engage with their Local Authority on the matter.

Agriculture Schemes

Questions (509)

Brendan Griffin

Question:

509. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if the eligible commonage area on the 2024 BISS online application system for a farmer in County Kerry (details supplied) will be reviewed and increased; and if he will make a statement on the matter. [10029/24]

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Written answers

An application for participation in the 2023 Basic Income Support for Sustainability Scheme (BISS), Complementary Redistributive Support for Sustainability (CRISS), Areas of Natural Constraints (ANC) and ECO schemes was received from the above named applicant on the 4th April, 2023.

Following a review of parcels using satellite imagery parcels within this application were identified as being burned between the 1st of March and the 31st of August. It is specified in the 2023 BISS Terms & Conditions that land burnt between the 1st of March and the 31st of August is not eligible for payment purposes under the Basic Income Support for Sustainability Scheme.

My Department received an appeal from the named person, the case was examined on its merits and the information supplied by the applicant was taken into consideration. The appeal was successful, the area was updated and a supplementary payment requested. Payment for BISS and CRISS was processed on the 8th of February, 2024.

In preparation for the opening of applications under BISS in 2024, applicants are sent maps and a list of parcels that they applied on in 2023. In the case of this applicant these documents were printed in advance of the successful appeal and hence the eligible area had not been increased. However, the online system, which the applicant or their advisor will apply through, currently shows the updated area.

Horse Racing Industry

Questions (510)

Paul Murphy

Question:

510. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine the amount paid out by Horse Racing Ireland in 2023 to hunts in point-to-point racing grants and any other funding, and if he will stop this, given that the money is propping up hunt clubs which are involved in bloodsports which the vast majority want banned. [10041/24]

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Written answers

Horse Racing Ireland (HRI) is a commercial state body established under the Horse and Greyhound Racing Act, 2001, and is responsible for the overall administration, promotion and development of the horse racing industry. 

The question raised by the Deputy is an operational matter for HRI, therefore, the question has been referred to the body for direct reply.

Animal Welfare

Questions (511)

Paul Murphy

Question:

511. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine if releasing a pack of dogs to chase a fox, failing to intervene to stop the dogs from attacking and-or killing the fox, and using terriers to corner and attack foxes when they try to escape underground are contrary to the provisions of the Animal Health and Welfare Act, which states that it is an offence to "do, or fail to do, anything or cause or permit anything to be done to an animal that causes unnecessary suffering to, or endanger the health or welfare of, an animal". [10042/24]

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Written answers

On the general matter of hunting, a detailed debate was held during the passage of the Animal Health and Welfare Act 2013 and the Dáil decided to allow the continuation of fox hunting in accordance with an appropriate code of conduct.

Section 25 of the Animal Health & Welfare Act 2013 allows for the establishment of codes of practice and for the adoption of codes published by other persons for the purposes of providing practical guidance relating to any aspect of the Act, including fox hunting. Voluntary codes of practice have been established by the Hunting Association of Ireland which detail the conduct to be adhered to in respect of the hunting of foxes and the treatment of the animal during the hunt. The Code prohibits the hunting of foxes where the animal is injured and advocates the humane disposal of a fox when captured.

The code also considers local concerns and the concerns of the landowner(s) on whose land hunting takes place.

Greyhound Industry

Questions (512)

Paul Murphy

Question:

512. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine if he will investigate why Greyhound Racing Ireland has categorised an Irish greyhound as "rehomed" after it was informed that the dog had been found straying in the UK in an underweight condition with a mouth "in an appalling state with rotten teeth" and that efforts were being made to find him a home; and if an investigation will be carried out to establish how this Irish-owned greyhound came to be abandoned in the UK. [10043/24]

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Written answers

Rásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine.

The question raised by the Deputy is an operational matter for RCÉ and, therefore, the question has been referred to the body for direct reply.

Forestry Sector

Questions (513)

Claire Kerrane

Question:

513. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine the reason only two afforestation licences were issued, amounting to just 13 ha, in week 3 of February 2024; to state the actual number of licences his Department would need to issue each week to meet the Government target of 8,000 ha; and if he will make a statement on the matter. [10058/24]

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Written answers

My Department has published a Forestry Licencing Plan which outlines our strong commitment to issuing licences in 2024 and we have put additional resources in place to achieve our targets. Afforestation applications would need to be around 1,000 applications per year to achieve 8,000 hectares. However, the number of licences issued ultimately depends on the number of applications received. My Department has capacity to issue sufficient licences in 2024 to plant 8,000 hectares.

The issuing of forestry licences was affected by an IT issue during the week in question. This affected the recording of maps on the iFORIS system which affected the ability of DAFM to certify licences. This has now been resolved and last week there were 20 Afforestation licences issued for 164ha.

To date in 2024 we have received 71 valid afforestation applications with 81 approvals issuing in the same period.

There is 2,398ha in total, currently available for planting under the Afforestation Scheme.  This is made up of approvals issued to new applicants since the Programme opened and those who applied or were approved under the old Programme, who have  now opted-in to the new Programme.

This is in addition to the 1,293 hectares  paid for and planted under the Interim de Minimis scheme in 2023,  with this planting carried out in accordance with the new Programme.

I recognize that planting at the scale required is a challenge but believe that it is in all our interests to work towards this target. Afforestation is a voluntary land use choice for landowners and building confidence among landowners of the benefits of forestry will be key to increasing afforestation rates on recent low trends. I am confident that the attractive and increased rates under the new Programme, coupled with 20 year premiums for farmers, will encourage strong uptake of these afforestation options.

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