Written Answers Nos. 230-249
230. Deputy Carol Nolan asked the Minister for Social Protection further to Parliamentary Question No. 781 of 9 April 2024, the number of payments stopped where her Department was made aware of an international protection applicant travelling out of the State for the period 2010 to date; and if she will make a statement on the matter. [17119/24]
View answerInternational Protection Applicants are not permitted to leave Ireland without the permission of the Minister of Justice.
Any impact on a payment in respect of absence from the State depends on the conditions of the underlying scheme. Some social welfare payments, mainly contributory pensions and long-term benefits payable under the social insurance fund, are payable while the recipient is absent from the State. Other, mainly short-term and means tested payments, may be payable in respect of periods a person is temporarily absent from the State for up to two weeks subject to the qualifying conditions continuing to be met.
International Protection Applicants who reside in, or are waiting for, accommodation provided by the International Protection Accommodation Services, receive the Daily Expenses Allowance in order to meet incidental, personal expenses. Those who are in employment have access to Working Family Payment and some may qualify for benefit schemes linked to PRSI contributions if they are working for a sufficient period of time.
Where my department is made aware of an International Protection Applicant in receipt of a payment, travelling out of the State, their payment is stopped where applicable.
My department does not collate specific statistics on the number of payments stopped, due to an International Protection Applicant travelling out of the State, therefore these figures are not available.
I trust this clarifies the matter for the Deputy.
231. Deputy Brendan Griffin asked the Minister for Social Protection if the practice of the Social Protection Appeals Office accepting appeals in the context of scoping decisions without grounds for those appeals being set out and-or examined will be discontinued; how frequently this practice occurred in each of the past five years; the amount of time, on average, between an appeal being lodged and a case being further decided upon; and if she will make a statement on the matter. [17125/24]
View answerThe Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.
I have been advised by the Social Welfare Appeals Office that appeals are not accepted unless the notice of appeal sets out the facts and contentions that are the basis for making the appeal.
Legislative provisions in relation to the appeals procedure and giving notice of appeal is set out in S.I. 108/1998: Social Welfare (Appeals) Regulations, 1998. Article 9(4) states that "The notice of appeal shall contain a statement of the facts and contentions upon which the appellant intends to rely."
Where the facts and contentions are not provided, the Office writes to the person to clarify the basis of the appeal and ask for the information required.
No statistics of the nature requested by the Deputy are maintained.
To assist customers in making appeals, a notice of appeal form is available at www.gov.ie. The form may be downloaded, completed and emailed to the Office or alternatively may be printed, completed and posted to the Office. Parts 5 and 6 of the form clearly guides the person to provide the grounds for the appeal and provide supporting documents. Information on what an appeal should include is also available on the website.
I trust this clarifies the matter for the Deputy.
232. Deputy Colm Burke asked the Minister for Social Protection to confirm the status of a person’s (details supplied) appeal and when a decision is likely to be received, as this has been pending for some time; and if she will make a statement on the matter. [17131/24]
View answerThe Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.
The Social Welfare Appeals Office has advised me that a Carer's Allowance appeal by the person concerned was registered in that office on 08 March 2024. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection.
These papers were received in the Social Welfare Appeals Office on 21 March 2024. The case has been assigned to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if necessary, hold an oral hearing.
I trust this clarifies the matter for the Deputy.
233. Deputy John McGuinness asked the Minister for Social Protection if carer’s allowance will be approved for a person (details supplied); if the letter of refusal issued by her Department will be reviewed as it refers to the person receiving the care as another person; and if the matter will be expedited. [17134/24]
View answerCarer's Allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
I confirm that my Department received an application for CA from the person concerned on 7 February 2023.
It is a condition for receipt of CA that the person concerned must be providing full-time care and attention and it is a further condition that the person being cared for must require full-time care and attention.
It is also a condition to provide such certificates, documents, information or evidence as may be required by an officer of the Minister in order to make a decision on an application.
The evidence submitted in support of this application was examined and the Deciding Officer decided that this evidence did not indicate that the above conditions were satisfied.
The person concerned was notified on 29 March 2023 of this decision, the reason for it and of the right of review and appeal.
Following a request for review on 04 December 2023, the decision remained unchanged and the person was notified of this decision on 29 January 2024.
The CA section is now aware that, due to a typing error, the letter dated 29 January 2024 contained the incorrect name of the person requiring care. In this regard, a letter of apology has issued to the customer.
A request to appeal this decision was lodged to the Department and forwarded to the Social Welfare Appeals Office (SWAO). The file was sent to the SWAO on 26 March 2024.
The Social Welfare Appeals Office provides an independent appeals service for people who are dissatisfied with decisions made by Deciding Officers. Further information on the appeals process is available at www.gov.ie/socialwelfareappealsoffice. The SWAO can be contacted directly by phoning 0818-747434 or 01-6732800 or by emailing swappeals@welfare.ie.
I hope this clarifies the position for the Deputy.
234. Deputy Colm Burke asked the Minister for Social Protection if she will consider extending the living alone increase to elderly people who have their disabled child living with them but the children attend disability day services and they cannot work due to their severe needs; and if she will make a statement on the matter. [17150/24]
View answerPrimary weekly social welfare payments are intended to enable recipients to meet their basic day-to-day income needs. In addition to these primary payments, my Department also provides a range of other payments on a weekly, monthly, or less frequent basis. These payments are considered secondary in nature and cannot be made available to those who are not in receipt of a primary payment.
The living alone increase is one of those secondary payments. It is not a scheme or a stand-alone payment, but it is a supplement to a primary social protection payment of €22 per week made to people aged 66 years or over, who are in receipt of certain social welfare payments and who are living alone. It is also paid to people aged under 66 who live alone and are in receipt of disability allowance, invalidity pension, incapacity supplement or blind pension.
It is important to note that my Department already provides a range of supports to the elderly, to carers, and to those living with a disability. Subject to meeting the relevant criteria an individual may be entitled to State pension (contributory), State pension (non-contributory), carer’s benefit, carer’s allowance (including half-rate payments), domiciliary care allowance, carer’s support grant or disability allowance. A person may also qualify for other benefits such as fuel allowance, free travel and the household benefit package.
Any change to the qualifying criteria for the living alone increase would have to be considered in an overall policy and budgetary context.
I hope this clarifies the matter for the Deputy.
235. Deputy Colm Burke asked the Minister for Social Protection the status of an appeal by a person (details supplied); when a decision is likely to be received as this has been pending for some time; and if she will make a statement on the matter. [17192/24]
View answerThe Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.
The Social Welfare Appeals Office has advised me that a Carer's Allowance appeal by the person concerned was registered in that office on 19 September 2023. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. These papers were returned to the Appeals Office on 9 November 2023 and referred on 15 November 2023 to an Appeals Officer.
The Appeals Officer requested additional information on certain issues from the person on 07 March 2024. This information is still awaited. On receipt of the requested information the Appeals Officer will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing.
I trust this clarifies the matter for the Deputy.
236. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when a PPS number might issue in the case of a person (details supplied); and if she will make a statement on the matter. [17261/24]
View answerA Personal Public Service (PPS) Number is a unique reference number that helps a person access social welfare benefits and public services in Ireland. To obtain a PPS Number, a person must provide evidence of their identity, their address, and the reason they need a PPS Number.
According to the records of my Department, the person concerned applied for a PPS Number on 27/03/2024. The person was contacted on three occasions requesting that they provide evidence of a valid reason for their PPS Number request and advised that a list of valid reasons is available on www.gov.ie. This information is still outstanding.
In response to your representation, my Department will again contact the person concerned to establish the reason they require a PPS Number. When the necessary information is received, the person’s application will be assessed, and they will be advised of the outcome in writing.
I trust this clarifies the matter.
237. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason adequate consideration was not given to the application for disability allowance in the case of a person (details supplied) given the history of continuous domestic abuse resulting in homelessness and the need to allow a period of rehabilitation in order to restore their health; if disability allowance or a similar payment might be awarded given that they cannot return to work due to their child’s special needs and the aforementioned issues; and if she will make a statement on the matter. [17263/24]
View answerDisability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.
I confirm that my Department received an application for DA from the person concerned on 12 October 2023. As their initial application did not contain all the information required to determine eligibility for DA, a request for further information was sent to the person concerned on 23 October 2023. An information request allows the person 21 days to provide the required information in order to determine their eligibility for DA.
As the person concerned failed to supply the requested information, their means could not be determined. Based on the evidence supplied with the person’s application, their application for DA was disallowed on the grounds that the medical qualifying condition was not satisfied and failure to provide sufficient information in order to determined that their weekly means do not exceed the statutory maximum allowed.
The person concerned was notified of the decision in writing on 31 January 2024 and advised of their entitlement to request a review or to appeal the decision to the Social Welfare Appeals Office (SWAO). They were also reminded of the outstanding documents required to determine means.
The person concerned supplied further information on 21 February 2024. Based on the additional evidence supplied, their application for DA was disallowed on the grounds that the medical qualifying condition was not satisfied. The person concerned was notified in writing of this decision on 13 March 2023, and they were given the right to a review or an appeal.
No request for review or appeal has been received since this date. If the person concerned wishes to submit further medical evidence, my department will undertake a review of this and will revert to them with a decision.
If the person concerned is caring for a child with additional needs, they may be eligible for receipt of Carers Allowance and/or Domiciliary Care Allowance if they meet the scheme conditions.
Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
Domiciliary Care Allowance (DCA) is a monthly allowance payable in respect of a child aged under 16, who has a severe disability and requires continual or continuous care and attention in the home, substantially over and above the care and attention normally required by a child of the same age and the child must be likely to require this level of care for at least 12 months. DCA can be claimed in conjunction with this individual's current welfare payment.
Application forms for CA and DCA have been sent to directly to the person concerned.
I trust this clarifies the matter for the Deputy.
238. Deputy Bernard J. Durkan asked the Minister for Social Protection if an exceptional needs payment might be considered in the case of a person (details supplied) who has numerous health issues and who recently moved into new accommodation but needs some assistance towards fitting out the property; and if she will make a statement on the matter. [17264/24]
View answerUnder the Supplementary Welfare Allowance (SWA) scheme, my Department may make an Additional Needs Payment (ANP) to help meet essential expenditure which an eligible person could not reasonably be expected to meet from their weekly income. This is an overarching term used to refer to Exceptional Needs Payments (ENPs) and Urgent Needs Payments (UNPs), and certain supplements to assist with ongoing or recurring costs that cannot be met from the customer’s own resources, and which are deemed to be necessary. ANPs are means tested and administered by Designated Persons in the Community Welfare Service considering the requirements of the legislation and all the relevant circumstances of the case.
According to the records of the Department, the person concerned applied for an ANP on 07/02/2024 to assist with the cost of furnishing their new home. This claim was disallowed on the basis that the person had adequate savings to meet the cost of the required items. The person concerned was advised of the outcome of their application in writing on 21/02/2024 and afforded the option of seeking a review of the Designated Person’s decision.
Determinations made in relation to claims made under Sections 200, 201 and 202 of the Social Welfare (Consolidation Act) 2005, namely allowances-in-kind, ENPs and UNPs, can be reviewed by a SWA Reviewing Officer under Section 323 of that Act.
Following a request from the person concerned, a SWA Reviewing Officer reviewed the claim and considering the circumstances of the case, upheld the original decision made by the Designated Person, on the basis that the person has adequate savings to meet the costs of furnishing their new home. Correspondence issued to the person concerned on 04/03/2024 advising them of the outcome of the review.
If the person concerned requires assistance with an essential expense that they are unable to meet from their own means in the future, it is open to them to make a new application for assistance by completing a SWA1 form. This form is available in all Intreo Centres and can also be requested by calling the National CWS freephone line at 0818 60 70 80 or at www.eforms.gov.ie/en/forms/5. Alternatively, if the person has a verified MyGovID account they can apply for an ANP at www.MyWelfare.ie.
I trust this clarifies the matter.
239. Deputy Bernard J. Durkan asked the Minister for Social Protection if disability allowance might be restored in the case of a person (details supplied); and if she will make a statement on the matter. [17265/24]
View answerI can confirm that the person concerned was previously in receipt of Disability Allowance (DA) from October 2011 to February 2013 prior to being stopped on foot of a request from the person concerned.
The Department received an application for disability allowance (DA) from the person concerned on 08 June 2022. This individual was asked to supply supporting documentation on the 27 June 2022, required by the deciding officer (DO) in order to make a decision on their DA eligibility. The requested information was received by the department on the 19 July 2022 and 24 August 2022.
Their application was referred to a Social Welfare Inspector (SWI) on 25 April 2022 for a report on the person’s means and circumstances. The SWI requested information from the person concerned, which was only partially supplied. The SWI report was returned for consideration on the 13 October 2022. The SWI advised the DO on the 23 November 2022 and 4 January 2023 that the outstanding documents in relation to financial statements had not been provided.
Based on the evidence supplied in support of this person’s application, their application for DA was disallowed on the grounds that they had failed to supply sufficient information to determine means. The person concerned was notified in writing of this decision on 04 January 2023, and they were given the right to a review or an appeal.
Further evidence was received on 29 March 2023 and a review of this decision was carried out. The person concerned was requested to supply supporting documentation on the 14 April 2023 required by the deciding officer in order to make a decision on their eligibility. Following the review, the original decision was upheld, and the person concerned was notified in writing on 12 May 2023 and they were given the right to a review or an appeal.
Additional documentation was received from this individual on 25 May 2023 and another review of this decision was carried out. Based on the information provided by this person, their application was disallowed as their means at that time were in excess of the statutory maximum limit allowed for DA. The person concerned was notified in writing on 07 June 2023 and they were given the right to a review or an appeal.
There is currently no appeal registered in relation to the decision of the 07 June 2023. It is open to the person in question to reapply for DA.
I trust this clarifies the matter for the Deputy.
240. Deputy Bernard J. Durkan asked the Minister for Social Protection the current position in relation to an application for carer’s allowance in the case of a person (details supplied); and if she will make a statement on the matter. [17267/24]
View answerCarer's Allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
I confirm that my Department received an application for CA from the person concerned on 18 May 2023.
It is a condition for receipt of CA that the person concerned must be providing full-time care and attention and it is a further condition that the person being cared for must require full-time care and attention.
It is also a condition to provide such certificates, documents, information or evidence as may be required by an officer of the Minister in order to make a decision on an application.
The evidence submitted in support of this application was examined and the Deciding Officer decided that this evidence did not indicate that either of the above conditions were satisfied.
The person concerned was notified on 14 June 2023 of this decision, the reason for it and of the right of review and appeal.
A request to appeal and review this decision was lodged with the Department on 23 June 2023.
The outcome of the review decision remained unchanged and the person concerned was notified of this decision and of the right of review/appeal on 25 October 2023.
The file was sent to the Social Welfare Appeals Office (SWAO) on 03 November 2023. On 17 January 2024, Appeal No 23/14498 was disallowed by SWAO.
Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of relevant additional evidence or new facts. It will be at the discretion of the Appeals Officer to reopen the case.
The Social Welfare Appeals Office can be contacted by phoning 0818-747434 or 01-6732800 or by emailing swappeals@welfare.ie.
It is also open for the person concerned to make a new application for CA.
I hope this clarifies the position for the Deputy.
241. Deputy Carol Nolan asked the Minister for Justice if she is aware of developments in Scotland since the recent commencement of new hate crime and hate speech legislation there; how recent experience there will inform her Department's progression of its hate crime and hate speech Bill; and if she will make a statement on the matter. [17232/24]
View answerThe Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill will legislate against hate crimes for the first time in Irish law and bring us into line with our European counterparts. It will also update our existing incitement to hatred laws dating from 1989 to ensure compliance with EU law and to better reflect modern methods of communicating. In doing so, it will update and simplify existing offences to reflect the online context in which people now communicate and to ensure the legislation is more effective.
I note the recent enactment of the Hate Crime and Public Order (Scotland) Act 2021.
There have been many misconceptions in relation to what has been proposed. It is not the case that offensive speech will be criminalised under the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill. Nor does it represent a new or radical departure in Irish law.
The provisions of the Incitement to Violence or Hatred and Hate Offences Bill have been carefully developed, in line with the respective Programme for Government commitments, following extensive stakeholder consultation and pre-legislative scrutiny.
Existing laws which already criminalise extreme hate speech dating back 35 years – under the Prohibition of Incitement to Hatred Act 1989 – are being updated to reflect the modern context, including the online context.
There are specific defences and protections for freedom of speech and expression contained within the Bill. These important rights are also protected by the Irish Constitution and the European Convention on Human Rights.
The line which the legislation draws is that you can be offensive, say things that make others uncomfortable, have full and robust debate - but you cannot incite hatred or violence against others.
It is my intention to progress the Bill to enactment, as it meets an important programme for Government commitment. However, I acknowledge the concerns that have been raised around certain provisions in the Bill. To this end, I am currently considering appropriate amendments to the incitement to violence or hatred provisions to address these concerns, which I will bring forward at Committee stage in the Seanad in due course.
242. Deputy Sean Sherlock asked the Minister for Justice further to Parliamentary Question No. 503 of 5 March 2024, why GDPR was not given as a reason for data withholding, if it was known at the time of answer that GDPR was an issue; if so, from what date; and the reason it was not referenced. [17079/24]
View answerAs the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business under Section 26 of the Garda Síochána Act 2005 (as amended). This includes resource management for the service.
I am informed by the Garda authorities that they can confirm that GDPR was not, at any point, a factor when responding to the Deputy's previous query. The reason, as stated in the previous response, that information cannot be provided is that it would require a disproportionate expenditure of Garda time and resources to compile.
243. Deputy Niall Collins asked the Minister for Justice further to Parliamentary Question No. 926 of 20 March 2024, the reason the person’s solicitor has not been contacted to date; and if she will make a statement on the matter. [17121/24]
View answerI understand that officials in the Family Reunification Unit of my Department have issued correspondence by email and post directly to the solicitor of the applicant referred to by the Deputy on 17 April 2024.
The Family Reunification Unit will continue to engage with the applicant and their solicitor on this matter.
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.
244. Deputy Carol Nolan asked the Minister for Justice further to Parliamentary Question No. 171 of 11 April 2024, the number of times Ireland has participated in training and joint operations co-ordinated by Frontex on behalf of EU member states; and if she will make a statement on the matter. [17122/24]
View answer245. Deputy Carol Nolan asked the Minister for Justice further to Parliamentary Question No. 171 of 11 April 2024, the number of times Ireland has sent trained personnel from the Garda National Immigration Bureau to deliver training to other EU member states; and if she will make a statement on the matter. [17123/24]
View answerI propose to take Questions Nos. 244 and 245 together.
It has not been possible to collate the information requested by the Deputy in the time available. I will write to the Deputy directly once the information is to hand.
246. Deputy Brendan Howlin asked the Minister for Justice if she has reviewed the requirements for family reunification and the granting of stamp 1G visas for spouses and-or dependants of eligible permit holders employed as healthcare assistants in the health service; if she is aware that the refusal of permission to have close family members join such workers in Ireland is having an impact on the recruitment and retention of healthcare assistants; and if she will make a statement on the matter. [17126/24]
View answerThe current immigration arrangements for family reunification are set out in the Policy Document for Non-EEA Family Reunification, which is available on my Department's website. The policy document sets out the rationale for applying resource requirements as part of the overall assessment of whether to approve an application for family reunification.
In general, Healthcare assistants are eligible to be employed under a General Employment permit (GEP) issued by the Department of Enterprise, Trade and Employment. A person residing in the State on the basis of a GEP is eligible to apply for family reunification after 12 months. Sponsors of family reunification applications must demonstrate their capacity to provide for their family member(s) if they are to be granted a permission to come to Ireland. Separately, it is open to spouses of general employment permit holders to apply for employment permits in their own right and enter the State and work.
However, the policy, which was last amended in 2016, is currently under review. The review is examining a wide range of matters relating to applications for family reunification including the nature and suitability of current income thresholds.
My Department works closely with the Department of Enterprise, Trade and Employment to ensure that our labour market migration arrangements ensure Ireland’s competitiveness in attracting skilled migrant workers. In addition to the review of the Non-EEA Family Reunification policy, work is underway to unify the current system whereby employment permits and immigration permissions are currently dealt with separately. The Government has agreed in principle that a single application procedure for employment permits and immigration permissions should be developed and that an Inter Departmental Working Group should be established to develop an implementation plan for consideration by Government.
The Inter-departmental Working Group is examining the operational, policy and legal considerations of simplifying the process for employment permits and immigration permissions to improve on timelines to secure critical skill workers. The Working Group aims to report back to government with an implementation plan and associated timelines shortly. The Working Group’s report will also enable Government to consider opting-in to the recast EU Single Permit Directive at a future date.
247. Deputy Peadar Tóibín asked the Minister for Justice the number of asylum seekers who have registered for asylum in Ireland for each of the past ten years, including each month of 2024. [17161/24]
View answerI can confirm that my Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.
Making sure that applications are processed quickly means those who need our protection are given the opportunity to re-build their life in Ireland in a timely manner. It also means that those who do not qualify, return to their country of origin.
My Department have taken a significant number of measures to increase the capacity of the international protection system.
In November 2022, I introduced an accelerated procedure for international protection applicants from designated safe countries of origin. These applicants now typically receive a first instance decision in less than three months, a significant reduction from a norm of 22 to 26 months in recent years. For the year up to 31 January 2024 the number of applications from safe countries has reduced by more than 50% compared to previous 12 month period.
In July 2023, I published a report on the international protection modernisation programme for 2023 and 2024. This programme involved unparalleled investment in staff, panel members, reengineered processes, and technology. We have implemented measures to improve efficiencies and throughput as well as enhancing the application, interview and decision-making process for applicants.
One of the priority areas of focus has been to recruit both civil servants and panel members, to increase case processing. The International Protection Office now has over 400 staff, an increase of 95% over 2022. The IPO made 2,482 first instance determinations in 2021, 4323 in 2022, 9,000 in 2023 and are confident of delivering over 14,000 decisions this year.
These reforms and increased staff numbers are having a significant impact with the median processing time for all first-instance decisions reducing from 18 months in 2022 down to 13 months in 2023. The median processing time for appeals was 5.5 months in 2023 down from 13.5 months at the start of 2022.
Reforms to the international protection process will continue in 2024. Approximately €34m additional funding was allocated in Budget 2024 to the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) to continue to scale up processing. These measures, and all other aspects of the international protection modernisation programme will continue to be kept under review and improved on a continuous ongoing basis.
The increasing numbers of protection applications seen below highlight the importance of the EU Asylum and Migration Pact for Ireland. I recently secured Cabinet approval to seek the necessary approvals from the Houses of the Oireachtas to opt-in to the Pact. The overall objectives of the Pact is to create a fair, sustainable and efficient asylum procedure in ordinary times as well as in times of migratory pressure and crisis situations. It will harmonise asylum procedures across the EU, and speed up the processing of asylum applications so that people in need of our protection get it quickly and those who don’t are returned to their country of origin efficiently.
Please note that although the Deputy has asked for figures from 2015 onwards, statistics pre-2017 are not readily available in the manner sought, as data would have to be extracted from a number of legacy systems. With the introduction of the International Protection Act in 2016 and the creation of the International Protection Office, a new database allows for easier collation of data in more recent years therefore we have provided figures from 2017 onwards only.
The table below details the number of International Protection applications received since 2017.
|
Year |
Month |
Total |
|
2017 |
|
2,920 |
|
2018 |
|
3,674 |
|
2019 |
|
4,782 |
|
2020 |
|
1,566 |
|
2021 |
|
2,648 |
|
2022 |
|
13,646 |
|
2023 |
|
13,272 |
|
2024* |
|
6,069 |
|
January |
1,773 |
|
|
February |
1,569 |
|
|
March |
1,821 |
|
|
April* |
906 |
*To COB 12th April 2024. Please note, figures are correct at time of issue, however, all statistics may be subject to data cleansing.
248. Deputy Peadar Tóibín asked the Minister for Justice the number of deportation orders that have been issued in the past five years and for each month this year; the number that have been actioned directly by the State in these years and these months; and the location of those immigrants who have received a deportation order that have not been actioned to date. [17162/24]
View answerA deportation order is a legal order to leave the State. Any person who has been ordered to leave the State and fails to do so is committing a criminal offence, and can be arrested without warrant if they come into contact with An Garda Síochána. Such an order remains on the person’s record permanently – it means they cannot enter Ireland again in future, and it will likely also have an impact on their ability to travel to the UK and the EU.
The Garda National Immigration Bureau (GNIB) carries out inquiries to confirm that people have removed themselves from the State, and works closely with my Department to enforce deportations where this is not the case.
In addition to the enforced deportations and those that are otherwise confirmed to have left, we know that a much larger number of people will have left the State without being escorted; however, as there are no routine exit checks at Irish borders, it is not possible to accurately quantify this number.
Enforced deportation operations are complex and costly. They often involve detailed detection work, detentions in custody, legal challenges, complications with obtaining travel documents, and of course, the cost of flights and related matters. Alternatives to forced removals are therefore typically preferential. Most people ordered to leave the State will comply.
Separately, my Department provides assistance through a voluntary return programme to some individuals who will benefit from assistance to reintegrate in their home country; where this type of return is effected, a Deportation Order is not required.
There is close cooperation between my Department, the Garda National Immigration Bureau and IPAS to identify people in IPAS accommodation that have been issued with Deportation Orders with a view to their removal. In practice, it is often the case that a person whose application has been unsuccessful will no longer be residing in IPAS accommodation at the point at which their case is finalised, and in some cases will have left some time previously.
The below table sets out the number of DOs issued each year for the years 2019 to 2023 and to date in 2024; and the number of DOs enforced by GNIB. To date in 2014 513 Deportation Orders have been signed, 330 of which have already been issued; the remainder will issue in due course.
|
Year |
DOs Issued |
Total Deportations ( GNIB Enforced Deports) |
DOs otherwise confirmed (1) |
DOs enforced by GNIB (2) |
Voluntary Returns (3) |
Dublin iii Transfers (4) |
EU Removals (5) |
All Returns |
|
2019 |
2005 |
298 |
143 |
155 |
261 |
30 |
64 |
653 |
|
2020 |
872 |
140 |
97 |
43 |
201 |
15 |
33 |
389 |
|
2021 |
29 |
38 |
33 |
5 |
132 |
4 |
42 |
216 |
|
2022 |
270 |
118 |
92 |
26 |
91 |
3 |
37 |
249 |
|
2023 |
948 |
80 |
28 |
52 |
213 |
3 |
21 |
317 |
|
Jan’24 |
81 |
7 |
2 |
5 |
22 |
0 |
0 |
29 |
|
Feb’24 |
120 |
11 |
3 |
8 |
49 |
1 |
2 |
63 |
|
Mar’24 |
63 |
8 |
0 |
8 |
31 |
0 |
2 |
41 |
|
Apr’24 (To 14/04/24) |
66 |
6 |
0 |
6 |
14 |
0 |
1 |
21 |
*Please note, figures are correct at time of issue, however, all statistics may be subject to data cleansing.
*During the COVID- 19 Pandemic there was a moratorium on deportations. This was effective during the latter part of 2020, 2021 and for the first 8 months of 2022. During the moratorium only persons whose presence in Ireland would be contrary to the public interest were deported. This moratorium was lifted in July 2022.
*Numbers deported may relate to deportation orders issued in a previous year.
Information has come to hand or by inquiry to the effect that the individual has left the state following receipt of a DO.
Person escorted from the state by the Garda National Immigration Bureau (GNIB).
Persons who availed of the voluntary return programme without getting a deportation order.
Transfer to another EU State to have their application for International Protection examined.
EU Citizen removed from the State under the Free Movement Regulations (generally criminals).
249. Deputy Peadar Tóibín asked the Minister for Justice the number of asylum seekers who have entered the country for the past five years and each month this year without a passport or travel documents; and the number of them who have been charged for breaking the law. [17163/24]
View answerThe Border Management Unit (BMU) of my Department is responsible for front-line Immigration at Dublin Airport only, as such the below figures reflect the position at Dublin Airport. Other airports and other ports of entry are the responsibility of the Garda National Immigration Bureau (GNIB) and data as requested is not collated in this manner for other ports of entry.
The BMU and the 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 of Justice has recorded a 34% reduction in 2023 in the number of persons arriving in the State without the correct documentation. Q1 in 2024 has seen a further reduction in the numbers arriving without documentation. This is based on the work that the Department’s Border Management Unit is doing with GNIB.
I can further advise the Deputy that my officials have begun a review of the Carrier Liability provisions.
Data of undocumented arrivals for 2022 and 2023 has been detailed in the table below.
|
Year |
Undocumented Arrivals |
|
2022 |
4,968 |
|
2023 |
3,287 |
The table below details undocumented arrivals per month since January 2024.
|
Month |
Undocumented Arrivals |
|
Jan-24 |
205 |
|
Feb-24 |
225 |
|
Mar-24 |
188 |
*All data provided is correct at time of issue and may be subject to data cleansing.
Data has been collected in this format since October 2021, hence the equivalent data for previous years is not available.
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.
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. As the Deputy will be aware, the prosecution of offences in these instances are a matter for An Garda Síochána and the Director of Public Prosecutions, who are independent in the exercise of their functions in this regard; as Minister I have no role in such prosecutions. Information in relation to the number of relevant prosecutions has been sought from An Garda Síochána.
