Written Answers Nos. 625-645
625. Deputy Brendan Ryan asked the Minister for Foreign Affairs and Trade his plans to acknowledge the many persons from the UK who have been living here for ten years or more who may wish to now apply for an Irish passport in view of the Brexit vote; and if he will make a statement on the matter. [19412/17]
Amharc ar fhreagraAs the Deputy will be aware, a person must, among other things, be an Irish citizen before a passport can be issued to him or her. This requirement is set out in the Passports Act, 2008, which stipulates the conditions under which the Passport Service is permitted to issue passports. Entitlement to Irish citizenship is in turn subject to the terms of the Irish Nationality and Citizenship Act, 1956, as amended.
Any UK citizen who is also an Irish citizen may apply for a passport. For all passport applications, the Passport Service is obliged to seek documentary evidence of the applicant’s entitlement to Irish citizenship.
Where appropriate proof of Irish citizenship by birth, descent, or a post-nuptial declaration (discontinued from 30 November 2005) is provided, the Passport Service can proceed with an application. The documentary requirements in this regard are set out on my department’s website at www.dfa.ie/passport.
In all other cases, the Passport Service is obliged to request a Certificate of Naturalisation as evidence of citizenship. Naturalisation is a matter for the Irish Naturalisation and Immigration Service within the Department of Justice and Equality.
628. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the fact that in May 2017 the human rights situation in Morocco will be examined in the framework of the Universal Periodic Review; if Ireland will take part in the session; and if Ireland will raise Morocco’s continued violation of human rights in Western Sahara and its refusal to hold a referendum on independence in the country. [19535/17]
Amharc ar fhreagraIreland is participating in the 27th Universal Periodic Review which began yesterday, and will make a statement on the human rights situation in Morocco when it is reviewed today.
Ireland has consistently supported the right to self-determination of the people of Western Sahara. Ireland has not taken a position on the future status of the territory, so long as that status is decided in a genuine exercise of self-determination.
Ireland raised Western Sahara in the last UPR review of Morocco in 2012, recommending that Morocco “Give particular attention to all measures to improve the human rights situation in Western Sahara, in particular develop and implement independent and credible measures to ensure full respect for human rights and guaranteeing such basic rights as freedom of association and expression”. Morocco accepted Ireland’s recommendation and we look forward to examining the progress made since 2012 during the current UPR review process.
629. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the deteriorating health of a person (details supplied); the representations made by his Department to the Egyptian authorities in regard to this person's health and need for medical care; and if he will make a statement on the matter. [19762/17]
Amharc ar fhreagraThis consular case continues to be a top priority for the Government and very substantial resources and time are being devoted to it. This case has had an extraordinary degree of high-level political engagement, investment in terms of person-hours, consultation with third parties worldwide, and consular visits and trial monitoring.
The Government has been doing everything possible to secure his release. We have supported petitions for him to be returned to Ireland under Egyptian Law 140; we have appealed for him to be released under the Egyptian President’s ‘Youth Amnesty’ Scheme, and we have stressed in all contacts the humanitarian dimensions of the case as grounds under which we believe he should be released.
As well as working to secure this man’s return to Ireland, our other principle objective is to focus on his welfare and wellbeing. In this context, reports that his health is deteriorating are a matter of the utmost concern to the Government. In light of these concerns I took the unprecedented step of making arrangements for an Irish medical doctor to visit this young man in prison in late March and to undertake an assessment of his health. My officials in Cairo have been maintaining ongoing contact with the Egyptian authorities following up on issues relating to his welfare and health.
Both the Taoiseach and I have consistently registered our concern at persistent reports that this man is pursuing a hunger strike. Irish Government representative have urged him in the strongest possible terms not to pursue such a course of action, and to protect his health in every possible way. The Government has also called on all parties who are in contact with him or who have influence with him to dissuade him from any actions that would be detrimental to his health.
Consular visits represent the principle means through which we can monitor this man’s welfare and developments in this area. The Embassy team visits our citizen very regularly. They also see him during court appearances and had an opportunity to see him during the most recent court appearance on April 26th. The most recent consular visit provided a further opportunity to underline in the strongest possible terms to the Egyptian authorities that the Irish Government holds them responsible for ensuring this young man’s health and wellbeing.
We maintain open lines of communication with this citizen’s family and have been keeping family members fully informed of all developments and updates received from the Egyptian authorities. There are regular meeting between the citizen’s family and senior officials from the Department.
I want to assure the House that we will continue to keep the pressure on Egypt until we get this young man home.
631. Deputy Ruth Coppinger asked the Minister for Foreign Affairs and Trade if he will raise the situation facing the Guarani-Kaiowá people with the authorities of the Federal Republic of Brazil; his views on concerns regarding their rights as indigenous persons (details supplied); and if he will make a statement on the matter. [19818/17]
Amharc ar fhreagraI am aware of the situation of the Guarani-Kaiowá people and the challenges faced by indigenous populations in Brazil and across Latin America, to which the Deputy refers.
Ireland condemns any intimidation, violence, or discrimination perpetrated against indigenous and environmental human rights defenders in Brazil or elsewhere. Officials in my Department, both at home and abroad, engage regularly with civil society leaders and human rights activists in Latin America, including those working on indigenous rights, in relation to the circumstances they face on the ground.
The issue of the rights of indigenous peoples is the subject of ongoing attention by European Union Ambassadors in Brazil and Ireland and other EU member States strongly support the mandate of FUNAI, the government agency responsible for enforcing the rights of indigenous peoples. Together with our EU partners, we have urged the Government of Brazil to ensure that FUNAI is adequately resourced to carry out its important work.
The Deputy will be aware that the UN Special Rapporteur on the rights of indigenous peoples visited Brazil in March of last year to identify and assess the main issues facing indigenous peoples there. On that occasion, the Special Rapporteur visited the Guarani-Kaiowá people in Mato Grosso Do Sul. The Special Rapporteur’s report of August 2016 recognised that Brazil has in the past been a leader in the area of indigenous peoples’ rights and has made significant achievements in this area, including in constitutional provisions protecting the rights of its indigenous people. However, the report also noted a worrying regression in the protection of indigenous peoples’ rights in recent years.
In keeping with Ireland’s commitment to the promotion and protection of human rights, I urge the Brazilian government to implement the recommendations made by the UN Special Rapporteur in order to ensure the full realisation of the rights of indigenous peoples such as the Guarani-Kaiowá.
Officials of my Department, including those in the embassy in Brasilia, will continue to actively engage with issues around human rights and the situation of indigenous peoples in Brazil.
632. Deputy Stephen S. Donnelly asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the agreement with Spain regarding Gibraltar contained within the EU's draft guidelines for Brexit negotiations ahead of their publication; if he had requested a similar veto for Northern Ireland; and if he will make a statement on the matter. [19897/17]
Amharc ar fhreagraA central pillar of the Government’s response to last year’s UK referendum on EU membership has been strategic outreach to EU partners and Institutions to ensure that the unique Irish perspective on Brexit is understood before negotiations begin. To that end, a significant programme of engagements with EU partners began after the referendum and is continuing. To date, there have been over 400 engagements across government at either political or senior official level. For my part, since the UK referendum, I have had in excess of 70 meetings or conversations, including with each of my EU counterparts. In recent weeks I met with the Foreign Ministers from Italy, Luxembourg, Germany, Denmark, Sweden and Austria and, most recently, met with my Croatian, Estonian, Finnish and Romanian colleagues in the margins of the Informal Meeting of EU Foreign Affairs Ministers on 28 April.
It is clear that this extensive political, diplomatic and official campaign has been effective in ensuring understanding and recognition of our unique circumstances and specific issues. This is clearly reflected in the negotiation Guidelines adopted by the EU 27 Heads of State and Government last Saturday, as well as in Prime Minister May’s letter of notification and the European Parliament’s resolution on Brexit, all of which contain strong a strong acknowledgement of our unique concerns, including in relation to the Good Friday Agreement.
Importantly, the Taoiseach also got agreement at the European Council last Saturday on a statement in the minutes of the European Council in which the EU explicitly acknowledges that the Good Friday Agreement expressly provides for an agreed mechanism whereby a united Ireland may be brought about through peaceful and democratic means; and, in this regard, acknowledges that, in accordance with international law, the entire territory of such a united Ireland would thus be part of the European Union.
As regards Gibraltar, its status with respect to the UK and the EU is that of a UK overseas territory to which the EU Treaties apply, subject to certain derogations. Moreover, its constitutional status is disputed. The situation is therefore completely different to that of Northern Ireland, the constitutional status of which, and how that status might change on the basis of the principle of consent, are set out definitively in the Good Friday Agreement.
Furthermore, the Guidelines make reference to Gibraltar within the context of the framework for future EU-UK relationship, which itself will be the subject of a separate negotiation and agreement at a later stage. In all likelihood, that agreement will require ratification by all EU27 Member States, including Ireland.
This is entirely distinct and separate from the Irish Government’s priority of ensuring that the unique circumstances on the island of Ireland, including the Good Friday Agreement, are recognised and protected within the context of the Article 50 negotiations leading to a withdrawal agreement.
633. Deputy Michael D'Arcy asked the Minister for Foreign Affairs and Trade if a person (details supplied) that is a UK passport holder living here for 12 years and married for 17 years to an Irish citizen who has both an Irish and a UK passport can automatically get an Irish passport based on his marriage to an Irish citizen; and if he will make a statement on the matter. [19900/17]
Amharc ar fhreagraAll passport applications are subject to the provisions of the Passports Act, 2008 (the Act). The Act provides that a person must, among other things, be an Irish citizen before a passport can be issued to him or her. Entitlement to Irish citizenship is, in turn, subject to the terms of the Irish Nationality and Citizenship Act, 1956, as amended.
Up until 29 November 2005, spouses of Irish citizens had the option of completing a post-nuptial declaration in order to be recognised as Irish citizens themselves. The Passport Service will accept a valid post-nuptial declaration (i.e. dated on or before 29 November 2005) as evidence of citizenship.
Since 30 November 2005, however, this option has been discontinued and spouses of Irish citizens without any other claim to Irish citizenship (such as, for example, citizenship by descent) must apply for naturalisation if they wish to establish Irish citizenship. Naturalisation comes under the jurisdiction of the Irish Naturalisation and Immigration Service within the Department of Justice and Equality. For further information on the naturalisation process, including the requirements when an applicant is the spouse of an Irish citizen, please see the website of the Irish Naturalisation and Immigration Service at www.inis.gov.ie.
In line with the Passports Act, 2008, the Passport Service requires evidence of an applicant’s Irish citizenship before a passport application may be processed. In this particular case, if the individual concerned cannot provide evidence of Irish citizenship by birth, descent or post-nuptial declaration, the Passport Service will require a Certificate of Naturalisation to satisfy the requirements of the Act. As the Deputy will appreciate, the Passport Service is bound by legislation in this respect.
Neither the Passport Service nor the Department for Foreign Affairs may declare an individual a citizen or, in the absence of the necessary documentation, recognise him/her as such.
634. Deputy Thomas P. Broughan asked the Minister for Foreign Affairs and Trade his views and those of the EU to the demolition of Palestinian homes in the so called Area C of the West Bank territories; his further views on whether these demolitions are violations of Article 49 of the Geneva Convention; and if he will make a statement on the matter. [19904/17]
Amharc ar fhreagraIreland and our EU partners have consistently condemned the building of illegal Israeli settlements in the West Bank, and the evictions, demolitions and land seizures from Palestinians which are an integral part of that project.
In my view these actions are illegal under the Geneva Convention, both because the population under occupation should be protected from such actions, and because the purpose of the action is to drive the occupied population off the land and facilitate their replacement by Israeli settlers, to alter the demographic composition of the occupied territory.
This view has informed Ireland’s consistent policy on the issue for many years, and is one of the reasons why we accord a high priority to efforts to end the conflict, and why we consider that a comprehensive peace based on two sovereign states, and the ending of the occupation, is essential to the future of both Palestinians and Israelis.
635. Deputy Thomas P. Broughan asked the Minister for Foreign Affairs and Trade his views on the 2016 report of a group (details supplied) which states that 97 Palestinians were killed in the West Bank and Gaza Strip in 2016; and if he will make a statement on the matter. [19905/17]
Amharc ar fhreagraThe group in question is supported by funding from my Department, and their work naturally helps inform our views. I have not yet seen the report in question as it is not yet available in English.
The statistics for the 2015/16 period are deeply concerning, although it should be recognised that a number of these fatalities relate to the wave of attacks by individual Palestinians which extended well into 2016. All of the deaths in these events were a tragedy.
Nonetheless, Ireland had even before this point expressed our concerns at the increasingly routine use of force, including lethal force, by Israeli security forces in the occupied Palestinian Territory, in circumstances which cannot be considered life threatening. It is evident that different standards are applied governing the use of force involving Israelis and Palestinians.
This is yet another reason why the ongoing military occupation of one people by another is unacceptable, and ultimately brutalising to both sides. It is for this reason that Ireland continues to accord a high priority to trying to end this conflict.
636. Deputy Thomas P. Broughan asked the Minister for Foreign Affairs and Trade the supports his Department is giving to assist local populations in drought regions of Somalia; and if he will make a statement on the matter. [19962/17]
Amharc ar fhreagraWe are deeply concerned about the severe drought conditions in many parts of Somalia, as a result of poor and erratic rains over the last two years. The impact includes large-scale displacement in the worst affected areas, with almost 600,000 people forced to flee their homes over the last six month period alone.
Over 6 million people in Somalia are now in need of urgent humanitarian assistance. Almost 3 million people are facing crisis and emergency levels of food insecurity. There is a significant risk that the situation will deteriorate further, resulting in famine.
There are worrying similarities to the conditions that led to the appalling famine of in 2011, when some 250,000 lives were lost. The UN has warned that a massive and urgent scale-up of humanitarian assistance by the international community is required to avoid a catastrophe.
International donors, including Ireland, have moved quickly to support the scale-up of response by NGO and UN agencies throughout the country. Over US$500 million has been made available for humanitarian assistance since January this year. Ireland, through the Irish Aid programme managed by the Department of Foreign Affairs and Trade, has provided over €31 million in humanitarian assistance to UN and NGO partners on the ground since 2012. This includes €3.9 million so far this year. A further package of assistance to our NGO partners’ emergency operations in Somalia is planned. Our support is focused on saving lives and alleviating the suffering of the Somali people, providing emergency food assistance, treating acute malnutrition, providing shelter and providing emergency services in health care and water and sanitation for those most affected.
Last month, under Ireland’s Rapid Response Initiative, Irish Aid airlifted over 100 tonnes of emergency relief supplies, including blankets, shelter items and cooking sets, and these supplies are now being distributed by Concern Worldwide to families displaced by drought to informal settlements.
Together with our EU and UN partners, we will continue to monitor this crisis closely and to provide significant life-saving humanitarian assistance for those most in need.
637. Deputy Declan Breathnach asked the Minister for Foreign Affairs and Trade his plans to introduce incentives to Irish emigrants returning home from abroad to help them to reintegrate into society, for example, to get car insurance, set up bank accounts, access to credit and so on; and if he will make a statement on the matter. [20003/17]
Amharc ar fhreagraIn my role as Minister for the Diaspora, and in particular through my role as Chair of the Inter-departmental Committee on the Irish Abroad, which was established in the Government’s 2015 ‘Global Irish – Ireland’s Diaspora Policy’ document, I work to facilitate the cross-Governmental effort to ensure coherence in Government policy, and to see that issues being highlighted as potential barriers disproportionately impacting on citizens returning to Ireland having lived overseas are addressed appropriately.
The Departments represented on this Committee have responsibility for issues under their competence and specific policies are matters for those Departments; such that car insurance, bank accounts and access to credit are the responsibility of the Department of Finance.
The Department of Foreign Affairs and Trade provides significant funding and support through the Emigrant Support Programme to a number of organisations that work with citizens who wish to return to Ireland. Over the last decade over €4 million has been allocated to the Irish based organisations working with returning emigrants and I am pleased to note that their 2016 funding saw an increase of €60,000 on the 2015 figure.
638. Deputy Brendan Griffin asked the Minister for Foreign Affairs and Trade if funding will be provided in 2017 for the diaspora engagement fund in view of the benefits it has been for small communities; and if he will make a statement on the matter. [20082/17]
Amharc ar fhreagraThe Department of Foreign Affairs and Trade is currently considering strategic priorities around all aspects of our engagement with the global Irish as part of the review of the implementation of the 2015 Global Irish - Ireland's Diaspora Policy.
Any decisions on the future of our engagement with diaspora communities will be made on the basis of that strategic review and will be announced later in the year.
639. Deputy Marc MacSharry asked the Minister for Foreign Affairs and Trade if he will consider establishing a third national passport office based in the north west region at the former Government offices of the Department of Community, Rural and Gaeltacht Affairs at Tubbercurry, County Sligo (details supplied); and if he will make a statement on the matter. [20099/17]
Amharc ar fhreagraThe large majority of passport applications are currently submitted through the post office networks on this island. This includes more than seventy post offices in Northern Ireland and more than one thousand post offices in this state. With the availability of both the online passport renewal service for adults and the An Post Passport Express service, very few applicants in Ireland are required to travel a significant distance in order to apply for their passport. In the relatively small number of cases where citizens need to travel very urgently and do not have a valid passport, the Passport Offices in Dublin and Cork offer an appointment service. These appointments must be made online.
The introduction of the online passport application service which I launched on 30 March will greatly assist in managing current and future passport demand. The service is for adults who are renewing their existing passport, whether they live in Ireland or overseas and it is available twenty four hours a day, seven days a week. The target turnaround time for applications submitted through the online service is ten working days plus postage. Since the launch over twelve thousand online applications for passport books and/or passport cards have been received.
The introduction of the service will result in reduced turnaround times and fewer demands over time on the Passport Offices in Dublin and Cork. The service will be extended to all applicants, including first-time applicants and children, by 2019. People who cannot or do not wish to apply online will continue to be able to apply through a service provider with an extensive network of contact points throughout the country.
The rationale for the opening of additional Passport Offices, particularly given the range of service options available to applicants, is not clear. Applications, when received by the Passport Service, are streamlined into categories, such as renewals, new, and renewals of lost/stolen passports. This enables the Passport Service to allocate resources to applications requiring more checks. An emergency service is available for citizens that need to travel for medical reasons or due to the bereavement of a close family member. Any office would in any case need to have the capacity to provide a rapid renewal service to applicants with urgent travel such as that available through the Passport Office in Dublin. This would require an on-site passport production machine in a specially controlled and secure environment. The purchase cost of a new passport printing machine alone would be approximately €1.7 million. This is without security, technical, fit-out, staffing and rental costs. An outreach office without production facilities could not offer a significantly faster service than the online option and it would duplicate the Passport Express service offered through local Post Offices.
I am satisfied overall that the range of service options meets the current needs of passport applicants and that the service improvements, both those recently introduced as well as those planned, will allow the Passport Service provide citizen focused services in an efficient and effective manner.
640. Deputy Michael Healy-Rae asked the Minister for Foreign Affairs and Trade the number of passport applications being processed as of 24 April 2017; and if he will make a statement on the matter. [20114/17]
Amharc ar fhreagraHistorical statistics relating to the applications in progress for a particular date in the past are not available. However, as of 27 April, there were 83,560 passport applications on hand in the Passport Service. This figure includes applications submitted both in Ireland and abroad, as well as online applications.
641. Deputy Michael Healy-Rae asked the Minister for Foreign Affairs and Trade his plans to hire further staff in the Passport Office in 2017; and if he will make a statement on the matter. [20115/17]
Amharc ar fhreagraAs the Deputy will be aware, there has been a surge in passport applications in recent months. Between 1 January and mid-April, over 290,000 applications were received, representing an increase of 19% over the same period last year.
The Passport Service has recruited 230 Temporary Clerical Officers to respond to the seasonal demand and the more general increase in passport applications.
The vast majority of these officers are already in place. The Passport Service has also been assigned a number of permanent Clerical Officers over recent months and we will continue to keep staffing levels under careful review to ensure that the impact of any further increase in demand on turnaround times and on service is minimised.
The Deputy will be aware that I launched a new Online Passport Application Service for adults renewing their passports on 30 March. This new service will greatly assist in managing increased volumes of applications in the months and years ahead and in meeting target turnaround times. It allows citizens to renew their passport books and cards online twenty four hours a day, seven days a week from wherever they are in the world. The service removes the requirement to have a form witnessed and is a fast, secure and convenient way to renew a passport. The target turnaround time is ten working days plus postage time. I would urge all Deputies to encourage all eligible applicants to use this channel https://www.dfa.ie/passportonline/.
642. Deputy Marc MacSharry asked the Minister for Foreign Affairs and Trade if he inadvertently or intentionally misled Dáil Éireann regarding the existence of an agreement with the Royal Air Force, RAF, and other British authorities which in certain circumstances would permit RAF operations in Irish airspace in responding to Parliamentary Question No. 34 of 12 April 2017; and if he will make a statement on the matter. [20139/17]
Amharc ar fhreagra643. Deputy Marc MacSharry asked the Minister for Foreign Affairs and Trade if his interpretation of SI Number 74 of 1952, Air Navigation (Foreign Military Aircraft) Order 1952, section 5 (details supplied) extends to operations of military aircraft within Irish airspace in the event of a terrorist attack; if so, the way he reconciles this with Article 15.6 of the Constitution; and if he will make a statement on the matter. [20140/17]
Amharc ar fhreagra644. Deputy Marc MacSharry asked the Minister for Foreign Affairs and Trade when it is proposed to bring the details of an agreement made on behalf of Ireland by civil servants from the Department of Defence, his Department and the Irish Aviation Authority with the Royal Air Force to permit military operations in Irish Airspace in certain circumstances to the attention of the Houses of the Oireachtas; and if he will make a statement on the matter. [20141/17]
Amharc ar fhreagra645. Deputy Marc MacSharry asked the Minister for Foreign Affairs and Trade if he plans to maintain the secrecy of the existence and detail of an agreement which exists between Ireland and the Royal Air Force, RAF, which would permit the RAF to carry out military operations in Irish air space in certain circumstances which was concluded without the express knowledge and approval of the director of military aviation, general officer commanding the Air Corps or the gardaí from the Houses of the Oireachtas; if so, the article in Bunreacht na hÉireann which permits the secrecy of such an agreement; and if he will make a statement on the matter. [20142/17]
Amharc ar fhreagraI propose to take Questions Nos. 642 to 645, inclusive, together.
The Air Navigation (Foreign Military Aircraft) Order 1952, made under the Air Navigation and Transport Act 1946, gives the Minister for Foreign Affairs primary responsibility for the regulation of activity by foreign military aircraft in Ireland. Successive Ministers for Foreign Affairs have put in place strict conditions which must be satisfied before permission to overfly the territory of the State may be granted.
Thorough and robust procedures are in place in my Department with a view to ensuring that the conditions for securing permission for foreign military aircraft to overfly the State are clearly understood and properly applied. These procedures are kept under ongoing review. Comprehensive records on requests received and decisions made are retained for the purposes of monitoring and oversight, and are drawn on as needed including to provide information to this House as appropriate.
I cannot comment on any reports concerning national security matters or responses that might be taken in the event of an attack on Ireland or a serious and immediate security threat to Ireland and the Irish people.
As I previously stated in my response to question number 34 of 12 April 2017, I can confirm that no agreement has been entered into by the State to grant any permission to the RAF, or indeed the military aircraft of any other state, to shoot down planes of any type under any circumstances over Ireland.
In discharging the fundamental responsibilities of the Executive as set out in the Constitution, the Government’s engagement in international security cooperation is aimed at ensuring public safety and is conducted with full respect for Irish sovereign decision-making authority and for Ireland’s traditional policy of military neutrality.
