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Wednesday, 20 Mar 2024

Written Answers Nos. 41-61

Departmental Staff

Questions (42)

Catherine Murphy

Question:

42. Deputy Catherine Murphy asked the Taoiseach the number of exit and or severance and or redundancy packages granted by his Department and bodies under his aegis, and of bodies he funds in full or in part, of €100,000 and above but less that €200,000, by the amount and by each body in each of the years 2019 to 2023 and to date in 2024. [12358/24]

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Written answers

All lump sum payments to civil servants retiring from the Department of the Taoiseach are paid from Vote 12 Superannuation and Retired Allowances overseen by the Minister for Public Expenditure, NDP Delivery and Reform subject to normal eligibility requirements.

Ministerial personal staff employed on temporary contracts are entitled to severance/ex-gratia payments, including statutory redundancy, when such contracts are terminated, which is mainly following a change of Government. The severance terms are set out by the Department of Public Expenditure, NDP Delivery and Reform and are based on salary, aligned to civil service pay scales, and years’ service. All such severance/ex-gratia payments under these terms are calculated and paid out by the National Shared Services Office and set out each year in the Department’s Appropriation Account and published by the Comptroller and Auditor General. For the period specified, there was one severance/redundancy payment made by the Department of the Taoiseach in excess of €100,000 which is set out in the table below.

Year

Severance/Redundancy Payment

Role

2021

€145,444

Special Adviser

Departmental Funding

Questions (43)

Robert Troy

Question:

43. Deputy Robert Troy asked the Taoiseach if he will publish a list of the NGOs funded by his Department; and the level the funding each NGO received in the past three years, in tabular form. [12728/24]

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Written answers

The Department of the Taoiseach did not provide funding to any non-governmental organisations in the past three years.

Referendum Campaigns

Questions (44)

Peadar Tóibín

Question:

44. Deputy Peadar Tóibín asked the Taoiseach if there will be an independent investigation into the leaking of the Attorney General’s referendum advice to the media the day before the referendum. [12882/24]

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Written answers

The unauthorised disclosure of the Attorney General’s legal advice referred to in the Deputy’s question was unfortunate and inappropriate.

The Attorney General provides legal advice to the Government and this advice is subject to legal professional privilege, in the same way as the legal advice provided to a private client by any solicitor or barrister. The proper operation of Government and, thereby, the public interest is served by this privilege as it facilitates the confidential consideration by Government of sensitive matters.

While it is understandable that there would be political demands in the course of a campaign for access to legal advice underlying a position taken by the Government, the unauthorised disclosure of privileged legal advice is not an appropriate way to respond to such demands.

The Government will have to reflect on how best to address this matter.

Public Private Partnerships

Questions (45)

Rose Conway-Walsh

Question:

45. Deputy Rose Conway-Walsh asked the Taoiseach to provide details on all planned PPP projects and ongoing PPP contracts; the status of each project; the anticipated or known capital cost; the anticipated or known cost to the Exchequer over the lifetime of the contracts; and the annual total payment of PPP unitary charges and the percentage share of the total capital budget for his Department and all public bodies under the aegis of his Department [13204/24]

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Written answers

The Department of the Taoiseach and the National Economic and Social Development Office - the only body under the aegis of the Department - do not currently oversee any PPP projects. The Department has no capital expenditure subhead in its Estimates.

An Garda Síochána

Questions (46)

Carol Nolan

Question:

46. Deputy Carol Nolan asked the Tánaiste and Minister for Foreign Affairs if his Department has had the need to contact An Garda Síochána due to verbal, written (including electronically) or physical threats being addressed to staff or Ministers, at any level, working within the Department during the period 2020 to date; and if he will make a statement on the matter. [11595/24]

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Written answers

My Department maintains ongoing, close contact with An Garda Síochána on a range of issues. These include engagement on issues relating to security matters. Due to the sensitivity of any such issues, I am not in a position to provide further details.

Human Rights

Questions (47)

Ivana Bacik

Question:

47. Deputy Ivana Bacik asked the Tánaiste and Minister for Foreign Affairs further to Parliamentary Question No. 157 of 15 February 2024, the rationale for the Government’s position of non-intervention in the Gambia v. Myanmar case before the International Court of Justice. [11665/24]

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Written answers

In 2018, The Gambia instituted proceedings against Myanmar at the International Court of Justice (ICJ) under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The Gambia claims that Myanmar – ‘through its State organs, State agents, and other persons and entities acting on the instructions of or under the direction and control of Myanmar’ — is responsible for violations of a number of provisions of the Genocide Convention. The case has now reached its substantive, or merits, phase and The Gambia is required to file its Reply to the Counter-Memorial filed by Myanmar by 16 May next.

On legal advice it was decided not to seek to intervene in this case but the question of intervention is kept under regular review and, in the meantime, my Department will continue to monitor developments in this case.

Passport Services

Questions (48)

Robert Troy

Question:

48. Deputy Robert Troy asked the Tánaiste and Minister for Foreign Affairs to clarify how long an Irish passport must be expired to be considered a first-time application with the Passport Office. [11778/24]

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Written answers

An adult whose passport has expired more than five years ago and a child whose passport has expired more than 10 years ago will need to apply for their next passport as a first time applicant if their expired passport was issued more than 15 years ago.

All passport applications are subject to the provisions of the Passports Act 2008, as amended. Section 8 of the Act provides for the processing of personal data by the Passport Service as required for the issuance of passports and the maintenance of the integrity of the Passport Service system.

In order to comply with its obligations under data protection legislation, the Department will hold data which has been collected for the purposes of processing an application only as long as there is a business need to do so in line with the purposes for which it was collected.

In the case of passport issuance, the data will be held by the Passport Service for 15 years after the date of issuance, i.e. the validity of the passport plus five years, as stated in the Passport Service's Data Privacy Notice. After this time the data will be marked for destruction and will be destroyed in line with internal guidelines and guidelines for destruction received from the National Archives. A minimum amount of personal data is held beyond this period for the purpose of fraud prevention in order to maintain the integrity of the Passport Service system.

Under Section 7 of the Passports Act, the Passport Service may require the applicant to produce such documents as are considered necessary for the purposes of issuing a passport. In the case of applicants who are applying after more than 15 years since the issuance of their last passport, it is also possible that documentary requirements may have changed since the issuance of the last passport.

Passport Services

Questions (49)

Dara Calleary

Question:

49. Deputy Dara Calleary asked the Tánaiste and Minister for Foreign Affairs if a person born in the UK with no Irish decent but married to an Irish person and living in Ireland for almost 30 years can apply avail of an Irish passport without applying and paying for naturalisation. [11790/24]

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Written answers

All passport applications are subject to the provisions of the Passports Act 2008, as amended. The Act provides, among other things, that a person must be an Irish citizen before a passport can be issued. Entitlement to Irish citizenship is determined by the Irish Nationality and Citizenship Act 1956, as amended.

There are no provisions for the spouse or partner of an Irish citizen to acquire an Irish passport solely by virtue of a marriage or civil partnership with an Irish citizen. The legal provision that provided for post-nuptial citizenship was repealed with effect from 30 November 2005 and therefore it is not possible to apply retrospectively. Citizens can apply for an Irish passport if they acquired Irish citizenship by making a declaration of post-nuptial citizenship, as prescribed by the Department of Justice and Equality prior to this date.

Information on Irish citizenship through naturalisation is available from the Department of Justice which has responsibility for that process.

Departmental Correspondence

Questions (50)

Thomas Pringle

Question:

50. Deputy Thomas Pringle asked the Tánaiste and Minister for Foreign Affairs when a substantive reply will issue to email correspondence (details supplied) from this Deputy with his Office of 17 January 2024; and if he will make a statement on the matter. [11908/24]

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Written answers

I note the correspondence sent by the Deputy on 17 January 2024 relating to the case taken by South Africa against Israel at the International Court of Justice.

The Government’s views on this case have been made clear to the Oireachtas on several occasions since 17 January. I have made statements on this matter during debates in the Dáil (on 25 January) and in the Seanad (on 21 February). I have also discussed this in answers to Parliamentary questions, including at the last session of oral questions on 7 March.

My officials continue to analyse the legal and policy aspects of this case, and we are in contact with South Africa and other like-minded partners in this regard. However, as I have stated before, the Government will not make a final decision on intervention until after South Africa, as applicant state, files its written memorial.

Passport Services

Questions (51, 52)

John Brady

Question:

51. Deputy John Brady asked the Tánaiste and Minister for Foreign Affairs if a passport application (details supplied) can be escalated as the applicant's travel date is imminent; and if he will make a statement on the matter. [11941/24]

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John Brady

Question:

52. Deputy John Brady asked the Tánaiste and Minister for Foreign Affairs if a passport application (details supplied) can be escalated as the applicant's travel date is imminent; and if he will make a statement on the matter. [11942/24]

View answer

Written answers

I propose to take Questions Nos. 51 and 52 together.

With regard to the specific applicants about which the Deputy has enquired, passports have been issued to the applicants through the Urgent Appointment service.

Question No. 52 answered with Question No. 51.

Middle East

Questions (53)

Matt Carthy

Question:

53. Deputy Matt Carthy asked the Tánaiste and Minister for Foreign Affairs if he will report on his discussions with international partners regarding the air dropping of food to Gaza; the timeframe in which it is intended to do so; and if he will make a statement on the matter. [11973/24]

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Written answers

The Government continues to focus our diplomatic engagement in relation to Gaza on the need for an immediate ceasefire, the unconditional release of hostages and humanitarian access. A sustained scale-up in humanitarian access is Ireland’s priority and the priority of all humanitarian actors on the ground.

We have provided €40 million in humanitarian assistance in response to the suffering caused by the conflict in Gaza since last October. This includes €20 million in core funding for 2024 for the UN Relief and Works Agency (UNRWA), which is mandated to provide life-saving essential services for Palestine refugees. UNRWA is indispensable for the operations of all humanitarian partners in Gaza. Last year, we provided €18 million to UNRWA. We also provided support to the UN Occupied Palestinian Territories Humanitarian Fund, the World Food Programme, the World Health Organisation and the International Federation of the Red Cross and Red Crescent Societies. These agencies are each playing a critical role, in extraordinarily difficult circumstances, in the provision of humanitarian assistance to the people of Gaza.

Through Ireland’s Rapid Response Initiative we have provided 50 tonnes of relief supplies, including 500 family tents and 3000 tarpaulins from Irish Aid emergency stocks for distribution in Gaza. These were distributed to 1,500 families in Gaza, in partnership with Trócaire and Catholic Relief Services. Plans are also in place for the provision of further supplies through the Rapid Response Initiative in the coming weeks. Ireland has also provided three pallets of medical blood bags through the EU Civil Protection Mechanism (UCPM) in response to a request from the Egyptian health authorities.

Along with a number of other States, Jordan has been leading on the organisation of air drops of essential supplies into Gaza. We are currently working with Jordan on a possible Irish contribution to this this multinational effort, with supplies that we have already pre-positioned in the region.

It is important to note, however, that air drops must not distract from the urgent need to dramatically scale up the level of humanitarian assistance entering Gaza by road. There is no alternative to full, safe and unhindered humanitarian access to and within Gaza if mas hunger is to be avoided. The International Court of Justice made clear on 26 January that Israel must take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance in Gaza.

Middle East

Questions (54)

Matt Carthy

Question:

54. Deputy Matt Carthy asked the Tánaiste and Minister for Foreign Affairs his response to reports regarding Israeli settlers storming the Erez crossing in north Gaza and constructing wooden structures which often precedes action through the Israeli legal system to establish settlements which are illegal under international law; if he has raised this specific incident with the representative of the Israeli government to Ireland; what the Irish diplomatic response would be should Israel attempt to re-establish settlements within Gaza; and if he will make a statement on the matter. [11974/24]

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Written answers

Ireland, the European Union and other international partners, including the United States, are absolutely clear that Gaza is an integral part of a future Palestinian state. There can be no forced displacement of the civilian population of Gaza, nor occupation of the strip by Israel. All Israeli settlements in the occupied Palestinian territory, including East Jerusalem, are illegal under international law.

I have also made it absolutely clear in my engagement with Israel as well as with partners within the European Union and in the region that respect for these parameters and for international law, including international humanitarian law, must be central to our response to the immediate crisis and also to our efforts to chart a path to a sustainable peace in the long term.

Continuing, and indeed increasing, Israeli settlement activities dangerously imperil the viability of the two-State solution based on 1967 lines. These concerns are widely held by the international community; the UN Security Council has affirmed that Israeli settlements are ‘a major obstacle to the achievement of the two-State solution and a just, lasting and comprehensive peace’.

Ireland’s comprehensive legal analysis Israeli practices and policies in the occupied Palestinian territory, including our conclusion that Israel has committed serious breaches of international law, was presented by the Attorney General to the International Court of Justice on 22 February, within the context of the Court’s hearings in relation to the Advisory Opinion south by the United General Assembly.

Middle East

Questions (55)

Bríd Smith

Question:

55. Deputy Bríd Smith asked the Tánaiste and Minister for Foreign Affairs if he is aware of the case of a person (details supplied), a Palestinian lawyer and human rights defender, who was arrested by Israeli forces on 19 January 2024, and whose detention has been strongly condemned by Front Line Defenders and the International Observatory of Lawyers at Risk; if he will raise their case at the highest diplomatic and political level in an effort to secure their earliest release; and if he will make a statement on the matter. [12011/24]

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Written answers

I am aware of the concerning case outlined by the Deputy. I am monitoring the situation through our Missions in the region. My officials are continuing to closely follow issues of arbitrary and administrative detention and conditions in detention. These issues are also being discussed and raised through our Missions.

This is consistent with calls made by Ireland in its bilateral engagement with the Israeli authorities as well as at the United Nations. Ireland has repeatedly called on the Israeli authorities to end the practice of administrative detention completely.

We have also repeatedly highlighted the applicability of international human rights standards and international humanitarian law in respect of detainees, in particular obligations under the Fourth Geneva Convention. Detainees must have the right to be informed of the charges underlying any detention, have access to legal assistance, and receive a fair trial.

Consular Services

Questions (56)

Pádraig Mac Lochlainn

Question:

56. Deputy Pádraig Mac Lochlainn asked the Tánaiste and Minister for Foreign Affairs if he and his consular officials will engage with their counterparts in India to ensure that the family of a person (details supplied) will be granted their ongoing request to remotely view the trial of the person accused of their murder in India, on compassionate grounds, considering the inordinate delays in this trial, now approaching seven years. [12020/24]

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Written answers

This is a devastating case for the family concerned and my thoughts are with them.

I can assure you that my Department, through our Consular Division at headquarters and our relevant Consulate General, remains actively engaged on this case. A dedicated departmental case officer is in regular contact with the citizen's family.

With regard to the specific request to be able to view the trial remotely, I can assure you that officials in my department are in contact with the family directly and continue to make enquiries in this regard. The family's case officer will revert to them as soon as possible.

Shannon Airport Facilities

Questions (57)

Mairéad Farrell

Question:

57. Deputy Mairéad Farrell asked the Tánaiste and Minister for Foreign Affairs if the US Air Force Gulfstream 5 executive jet number 99-0402 was permitted to fly and through Irish air space and land and refuel in Shannon Airport on 3 March 2024 on its way to Frankfurt (callsign SAM265) and from there to Cyprus and then Tel Aviv Israel on 4 March 2024; if he has concerns that this may breach Irish neutrality, given the allegations of war crimes and the potential genocide taking place in Palestine according to the ICJ, for which arms and munitions are being supplied by the US; and if he will make a statement on the matter. [12147/24]

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Written answers

Permission for foreign military aircraft, including US aircraft, to fly over Ireland or land at Irish airports, is governed by strict conditions. These routinely include stipulations that the aircraft must be unarmed, carry no arms, ammunition or explosives and must not engage in intelligence gathering, and that the flights in question must not form any part of military exercises or operations.

This policy is well known and is fully understood by the United States and other international partners, and is conducted in compliance with Ireland’s policy of military neutrality.

With regard to the specific aircraft in question, I can confirm that this did not land in Shannon on 3 March 2024, but it did fly through Irish airspace on that date, with full permission to do so. Specific arrangements for the US were established in 1959, where overflights of US military aircraft are permitted without prior notification, on the basis that the aircraft are unarmed, carry only cargo and passengers and comply with navigational requirements. This aircraft landed in Shannon on 5 March and departed on 6 March, following the submission of an advance diplomatic clearance request, which was approved in line with the usual procedure.

As the aircraft in question met the stringent conditions laid out by my Department for overflights and landings, I am satisfied that the correct diplomatic clearance procedures were followed in full.

Foreign Policy

Questions (58)

Ivana Bacik

Question:

58. Deputy Ivana Bacik asked the Tánaiste and Minister for Foreign Affairs if he will make a statement on the deteriorating situation of Syrian refugees in Lebanon. [12221/24]

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Written answers

I am deeply disturbed by the appalling hardship the people of Syria continue to face after 14 years of conflict. According to the UN Office for the Coordination of Humanitarian Affairs, an estimated 16.7 million people are in need of humanitarian assistance across Syria this year, a further and worrying year-on-year increase. I am also mindful of the many hardships that Lebanon faces today, including a ruined economy and the threat of conflict in the south, which has also caused internal displacement of the population there. Lebanon hosts the highest number of refugees per capita worldwide, including at least 1.5 million Syrian refugees, 90% of whom are living in extreme poverty. In providing our humanitarian assistance in Lebanon, which was over €6.4 million in 2023, we are conscious of the tensions within the country. Most of our main partners, including the UN Lebanon Humanitarian Fund and the World Food Programme, provide assistance to Syrian refugees, but also to the Lebanese population most in need. While I understand the challenge for the Lebanese Government in hosting such large numbers, I have raised concerns about the rise in anti-refugee sentiment in Lebanon and the threat of forced returns of refugees to Syria, including during a meeting with my Lebanese counterpart in New York last September. The most recent report of the UN Commission of Inquiry for Syria found again that the conditions for the safe, dignified, voluntary, and sustainable return of refugees are not yet in place in Syria. Returnees may face arrest, incommunicado detention, torture, and death in custody. Ireland and the EU will continue to call for accountability for the Syrian regime and we will not abandon the many vulnerable Syrian refugees who have been forced to flee the country. Last year, we provided over €29m to the Syria Crisis Response and earthquake response in Syria, bringing our total contribution to the Syria crisis to just under €247 million – our largest ever response to any humanitarian crisis.

Passport Services

Questions (59)

Mick Barry

Question:

59. Deputy Mick Barry asked the Tánaiste and Minister for Foreign Affairs if he will clarify the issues that are complicating a passport application for an individual (details supplied) given the issues in this case; his views on whether there needs to be clarification on the acceptability of gender recognition certificates to document a change of name; and if he will make a statement on the matter. [12299/24]

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Written answers

All passport applications are subject to the provisions of the Passports Act, 2008 (“The 2008 Act”).

For all first time Passport Online applicants, the following original identity documents are required, in addition to documents that prove their entitlement to Irish citizenship:

• Witnessed identity verification form generated by Passport Online system

• Proof of address such as Government correspondence such as a letter from the Department of Social Protection or the Revenue Commissioners.

• Proof of name such as Government correspondence such as a letter from the Department of Social Protection or the Revenue Commissioners

• Government-issued photographic identification confirming the applicant's identity such as a copy of a Public Services Card or certified copy of a driver's licence.

While this particular application concerns a first time passport applicant who has been issued with a Gender Recognition Certificate by the Department of Social Protection, it is the case that all first time passport applicants are required to provide government-issued photographic identification that corresponds with the identity in which their passport will be issued. This measure is required to protect the integrity of the Irish passport.

In the case of first time passport applicants resident in Ireland, the most efficient way to verify their identity is by submitting a copy of their Public Services Card. A Public Services Card, which is also issued by the Department of Social Protection, will satisfy the requirement for government-issued photographic identification.

Further information on changing names and recognising gender on an Irish passport, including for applicants resident outside the State is available on my Department's website at www.ireland.ie/en/dfa/passports/documentary-requirements/adult.

Official Engagements

Questions (60)

Matt Carthy

Question:

60. Deputy Matt Carthy asked the Tánaiste and Minister for Foreign Affairs further to his statement (details supplied) the occasions on which he suggested to people in the United States that they speak with members of the opposition; the individuals in attendance on such occasions; and if he will make a statement on the matter. [12322/24]

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Written answers

I visited Washington DC from 5-7 February 2024. During my visit I met with U.S. Deputy National Security Advisor, Jon Finer; USAID Administrator, Samantha Power; Senate Majority Leader Chuck Schumer; Senators Chris Murphy, Jon Ossoff and Lindsey Graham; Democratic Minority Whip, Congresswoman Katherine Clark; Congressman Brendan Boyle; and 15 members of the bipartisan Congressional Friends of Ireland caucus, including the co-Chairs, Congressmen Richie Neal and Mike Kelly.

My conversations concerned a wide range of topical issues, including Northern Ireland and development cooperation, and were an opportunity to discuss and to set out the Government's positions on international issues such as the war Ukraine and the conflict in Gaza. While expressing the Government's view, I also reflected that it might be useful for my interlocutors to be aware of the full range of views of those elected to the Oireachtas, not least due to the importance of the issues discussed.

Departmental Staff

Questions (61)

Catherine Murphy

Question:

61. Deputy Catherine Murphy asked the Tánaiste and Minister for Foreign Affairs the number of exit and or severance and or redundancy packages granted by his Department and bodies under his aegis and of bodies he funds in full or in part, of €100,000 and above but less that €200,00, by the amount and by each body in each of the years 2019 to 2023 and to date in 2024. [12350/24]

View answer

Written answers

There were no exit, severance, or redundancy payments made by my Department to the value of €100,000 or more, but not more than €200,000, during the years 2019 to 2023, and 2024 to date.

There are no bodies under the aegis of my Department. There are no bodies funded in full by my Department. My Department does not hold information on exit, severance or redundancy packages granted by bodies funded in part by my Department, most of which are foreign-based grant recipients, including multilateral organisations and civil society organisations.

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