Written Answers Nos. 210-229
211. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the status of the most recent Garda Reserve recruitment drive; the number of persons who applied; the number of applicants who were successful; the status of the training of successful applicants; when the training of all successful applicants will be completed; and if he will make a statement on the matter. [14794/18]
Amharc ar fhreagra215. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the strength of the Garda Reserve by division as of 26 March 2018; and if he will make a statement on the matter. [14798/18]
Amharc ar fhreagraI propose to take Questions Nos. 211 and 215 together.
As the Deputy will appreciate, the Garda Commissioner is responsible for the recruitment and training of the Garda Reserve and the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter.
I am advised by the Commissioner that the strength of the Reserve on the 28 February 2018 was 569. It is regrettable that there has been a substantial reduction in the strength of the Reserve in recent years from a peak of 1,164 in 2013. The fall-off arises from a range of factors, not least the lifting in 2014 of the moratorium on recruitment of trainee Gardaí which has affected Reserve numbers in two ways - firstly some serving Reserves have successfully applied to become trainee Gardaí, and secondly, resources in both An Garda Síochána and in the Public Appointment Service have been focused on delivering an accelerated programme of recruitment of full time members of An Garda Síochána.
I am sure that the Deputy will agree, notwithstanding the very valuable contribution of Reserve members throughout the country, that it was the right decision, with finite resources, to prioritise the running of recruitment campaigns to replenish the full-time ranks of An Garda Síochána over the last three years.
The "Programme for a Partnership Government" includes a commitment to double the Garda Reserve to act in a supportive role undertaking local patrols and crime reduction measures. In line with this, the Government has in place a plan to achieve a Reserve strength of 2,000 by 2021. With the plan to reach 15,000 Garda members well on track it was possible for the Commissioner and the Public Appointments Service (PAS) to undertake a new recruitment campaign for Garda Reserves last March which attracted 2,394 applicants, of whom 498 successfully completed the initial stages carried out by PAS. These applications are currently being processed by the Garda Appointments Office. The time frame for this can vary due to a number factors including the length of the vetting process which may, for example, be more time consuming if the applicant has resided abroad or is deferred for medical reasons. It is expected that the first class will commence training in the Garda College in the coming months.
In conjunction with the major expansion of the Reserve over the next number of years, we must ensure that it is used to optimum effect to support effective policing. To inform future decisions around the use of the Reserve An Garda Síochána is conducting a strategic review as a matter of priority with a view to completion in the first half of the year as set out in the Policing Plan 2018. As a first step, the Garda Executive has taken a decision to transfer the management of the Reserve to the Assistant Commissioner with responsibility for Community Engagement. This is intended to ensure that its development and deployment is viewed more broadly through a community policing lens. This is a very welcome step as it is my strong view that the greatest dividend to be gained from the Reserve is in terms of a visible presence on the ground engaging with local communities.
For the Deputy's information I have set out in the attached table the number of Garda Reserves by Division as of 28 February 2018, the latest date for which figures are currently available.
Garda Reserve Strength 28 February 2018
|
Division |
Total |
|
DMR South Central |
35 |
|
DMR North Central |
35 |
|
DMR North |
43 |
|
DMR East |
9 |
|
DMR South |
17 |
|
DMR West |
26 |
|
Waterford |
19 |
|
Wexford |
17 |
|
Tipperary |
16 |
|
Kilkenny/Carlow |
26 |
|
Cork City |
42 |
|
Cork North |
13 |
|
Cork West |
8 |
|
Kerry |
20 |
|
Limerick |
29 |
|
Donegal |
15 |
|
Cavan/Monaghan |
11 |
|
Sligo/Leitrim |
17 |
|
Louth |
24 |
|
Clare |
6 |
|
Mayo |
19 |
|
Galway |
31 |
|
Roscommon/Longford |
7 |
|
Westmeath |
12 |
|
Meath |
16 |
|
Kildare |
20 |
|
Laois/Offaly |
16 |
|
Wicklow |
20 |
|
Total |
569 |
212. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the timeline for recruitment of gardaí; and if he will make a statement on the matter. [14795/18]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. To achieve this the Government has put in place a plan for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. We are making real, tangible progress on achieving this goal.
Taking account of projected retirements, reaching a strength of 15,000 by 2021 will require some 1,600 new Garda members to be recruited on a phased basis over the next two years in addition to the 2,800 that will have been recruited by the end of this year since the re-opening of the Garda College in September 2014.
I am informed by the Commissioner that since the reopening of the Garda College in September 2014, just under 1,800 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I am pleased to say that Garda numbers, taking account of retirements, increased to 13,551 at the end of 2017 - a net increase of over 600 since the end of 2016.
I am also pleased that funding is in place to maintain this high level of investment in the Garda workforce to ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. This year 800 new Garda recruits will enter the Garda College in four intakes of 200, the first of which entered in January. Also 800 Garda trainees are scheduled to attest during the year with the first class of over 200 attesting on16 March last. I am pleased to say that this investment will see Garda numbers, taking account of projected retirements, reach 14,000 by the end of 2018.
In addition, a further 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training in 2018.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources needed to deploy increasing numbers of Gardaí across every Garda Division, in the coming years.
For the Deputy's information I have set out in the following tables the details of the Garda recruit intakes and attestations for the remainder of 2018.
|
Scheduled Garda Recruits Intakes 2018 |
|
|
Date |
Numbers |
|
Apr 2018 |
200 |
|
July 2018 |
200 |
|
Oct 2018 |
200 |
|
Scheduled Garda Trainee Attestations 2018 |
|
|
Date |
Expected No. of Trainees |
|
June 2018 |
200 |
|
Sept 2018 |
200 |
|
Nov 2018 |
200 |
213. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of civilians in the workforce of An Garda Síochána as of 26 March 2018; the way in which this compares to the recommended number of civilians by the 2015 Garda Inspectorate report; and if he will make a statement on the matter. [14796/18]
Amharc ar fhreagra214. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of positions within An Garda Síochána that have been earmarked to be filled by civilians that remain unfilled; when the positions became vacant; when it is expected to fill the positions; and if he will make a statement on the matter. [14797/18]
Amharc ar fhreagraI propose to take Questions Nos. 213 and 214 together.
As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel and I, as Minister, have no direct role in the matter.
The most recent figure available in respect of civilian staff employed by An Garda Síochána indicates that there are 2,254 full-time equivalents in the organisation as of 28 February 2018. This represents an increase of 255 as of the end of 2016.
The Commissioner has advised that the number of civilian staff for the years 2015-2017 is as follows:
|
Year |
Total number of civilian staff (FTEs) |
|
2015 |
2,007 |
|
2016 |
1,999 |
|
2017 |
2,192 |
As the Deputy will be aware the Government approved the Five Year Reform and High-level Workforce Plan for An Garda Síochána in July 2016. The plan encompasses the agreed recommendations of the Garda Inspectorate Report "Changing Policing in Ireland" and the Programme for a Partnership Government commitment to expand the Garda work force. In relation to civilian staff the Plan sets a medium term target of 20% civilians of the overall Garda workforce by 2021. This translates to a doubling of the number of civilian staff from 2,000 to 4,000 over the period. This will bring An Garda Síochána more in line with international norms and ensure that trained Gardaí are not engaging in administrative and technical duties which could be done by suitably qualified civilian staff. In this regard the Inspectorate identified some 1,500 posts that may be suitable for redeployment.
The 20% target is to be achieved through a twin-track approach: firstly, through a "civilian by default" policy to be adopted in relation to the filling of all new posts other than operational policing posts and for non-operational policing posts that become vacant, and secondly, redeployment of Gardaí and backfilling by suitably qualified civilians where necessary.
Thus far the Commissioner has received sanction in accordance with the statutory framework under the Garda Síochána Act 2005 for over 280 new posts to address critical skills and capacity gaps in the organisation and to backfill posts occupied by redeployed Gardaí. An Garda Síochána is currently engaging with the Policing Authority in relation to approval for a further 116 new civilian posts. It is also through a workforce planning exercise identifying further priority areas that would benefit from civilian staff with specific skillset
To support the redeployment programme An Garda Síochána conducted an organisation deployment survey in February 2017 which identified 2,000 roles for further examination to clarify if they could be undertaken by civilian staff. Of those, 871 roles were identified as administrative. The Commissioner has established a dedicated Project Team to drive momentum on redeployment. That Team is conducting a detailed review of the survey results to identify specific roles for redeployment on a phased basis. It is of course important to keep in mind that redeployment must be approached fairly and with regard to why the member is in an administrative role. It may be, for example that the member is on light duties due to a medical condition or is pregnant. It may also be the case that some members may require refresher training to support them in returning to the front-line. The Team is working to address these challenges and is engaging with the Garda Associations.
I am encouraged that the number of civilians working in An Garda Síochána continues to increase. Funding for a further 500 additional civilians was provided in Budget 2018. The Government is committed to meeting the 20% target and I have made it clear to the Commissioner that I expect an acceleration this year to ensure that the target is met by 2021.
216. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the amount spent by his Department on third party public relations advice, communications advice, online advertising and public awareness campaigns from January 2017 to date in 2018, by month and company engaged in tabular form; and if he will make a statement on the matter. [14800/18]
Amharc ar fhreagraThe table below details relevant expenditure in my Department since January 2017. The work contracted has allowed valuable public attention to be drawn to important issues such as human trafficking and domestic violence.
|
DATE |
EXPENDITURE |
SERVICE |
COMPANY CONTRACTED |
|
01/02/2017 |
€5,018 |
Media buying services for National Awareness Campaign on Domestic Violence |
PHD Media (Ireland) Ltd |
|
01/03/2017 |
€3,245.62 |
Realistic Imitation Firearms Public Consultation on legislative proposals |
Mediavest |
|
01/03/2017 |
€20,461 |
Public information notice in national media re. Call for funding applications for National Funding to Promote the Integration of Immigrants and the Communities Integration Fund |
Mediavest |
|
01/03/2017 |
€40,473 |
Media buying services for National Awareness Campaign on Domestic Violence |
PHD Media (Ireland) Ltd |
|
01/03/2017 |
€20,171 |
Creative advertising services for National Awareness Campaign on Domestic Violence |
TBWA Dublin |
|
01/04/2017 |
€21,012 |
Media buying services for National Awareness Campaign on Domestic Violence |
PHD Media (Ireland) Ltd |
|
01/04/2017 |
€7,862 |
Creative advertising services for National Awareness Campaign on Domestic Violence |
TBWA Dublin |
|
01/05/2017 |
€184,221 |
Media buying services for National Awareness Campaign on Domestic Violence |
PHD Media (Ireland) Ltd |
|
01/05/2017 |
€40,329 |
Creative advertising services for National Awareness Campaign on Domestic Violence |
TBWA Dublin |
|
01/05/2017 |
€462.48 |
Blue blindfold campaign against human trafficking campaign materials |
Kilmartins Print |
|
01/06/2017 |
€5,163 |
Creative advertising services for National Awareness Campaign on Domestic Violence |
TBWA Dublin |
|
01/07/2017 |
€61,455 |
Media buying services for National Awareness Campaign on Domestic Violence |
PHD Media (Ireland) Ltd |
|
01/07/2017 |
€295.20 |
Blue blindfold campaign against human trafficking campaign materials |
LogoPrint |
|
01/07/2017 |
€412.05 |
Blue blindfold campaign against human trafficking campaign materials |
LogoPrint |
|
01/08/2017 |
€22,867 |
Media buying services for National Awareness Campaign on Domestic Violence |
PHD Media (Ireland) Ltd |
|
01/08/2017 |
€7,400 |
Creative advertising services for National Awareness Campaign on Domestic Violence |
TBWA Dublin |
|
01/08/2017 |
€339.48 |
Blue blindfold campaign against human trafficking campaign materials |
Kilmartins Print |
|
01/08/2017 |
€381.25 |
Blue blindfold campaign against human trafficking campaign materials |
Kilmartins Print |
|
01/09/2017 |
€45,095 |
Media buying services for National Awareness Campaign on Domestic Violence |
PHD Media (Ireland) Ltd |
|
01/09/2017 |
€4,041.78 |
Blue blindfold campaign against human trafficking campaign materials |
LogoPrint |
|
01/09/2017 |
€517.75 |
Blue blindfold campaign against human trafficking campaign materials |
Kilmartins Print |
|
01/10/2017 |
€22,075 |
Media buying services for National Awareness Campaign on Domestic Violence |
PHD Media (Ireland) Ltd |
|
01/10/2017 |
€24,454 |
Creative advertising services for National Awareness Campaign on Domestic Violence |
TBWA Dublin |
|
01/10/2017 |
€179.99 |
Blue blindfold campaign against human trafficking campaign materials |
Spike badges |
|
01/10/2017 |
€179.99 |
Blue blindfold campaign against human trafficking campaign materials |
Spike badges |
|
01/10/2017 |
€3,733.05 |
Blue blindfold campaign against human trafficking campaign materials |
LogoPrint |
|
01/10/2017 |
€1,291.50 |
Article - background and awareness of human trafficking |
Metro Eireann (print and online) |
|
01/10/2017 |
€744.15 |
Blue blindfold campaign against human trafficking campaign materials |
Marketing Impressions |
|
01/10/2017 |
€424.01 |
Blue blindfold campaign against human trafficking campaign materials |
Kilmartins Print |
|
01/11/2017 |
€36,676.44 |
Fireworks Information Notice regarding the severe criminal penalties that apply for igniting illegal fireworks and the possession of same with intent to supply others |
Mediavest |
|
01/11/2017 |
€193,277 |
Media buying services for National Awareness Campaign on Domestic Violence |
PHD Media (Ireland) Ltd |
|
01/11/2017 |
€1,510.44 |
Ad re: Review of Administration of Civil Justice |
Irish Independent |
|
01/11/2017 |
€1,363.01 |
Ad re: Review of Administration of Civil Justice |
Irish Times |
|
01/11/2017 |
€1,020.31 |
Ad re: Review of Administration of Civil Justice |
Irish Examiner |
|
01/12/2017 |
€6,275 |
Public information notices in national media re. CERD public consultation |
Mediavest |
|
01/12/2017 |
€315,502 |
Media buying services for National Awareness Campaign on Domestic Violence |
PHD Media (Ireland) Ltd |
|
01/12/2017 |
€62,924 |
Creative advertising services for National Awareness Campaign on Domestic Violence |
TBWA Dublin |
|
01/12/2017 |
€49,645.42 |
Awareness Campaign for “Someone Like Me” Primary Schools Art Competition. For details see: http://www.someonelikemecompetition.ie/ |
Real Nation |
|
01/11/2017 |
€3,029.25 |
Advertising for Gender Pay Gap consultation |
Mediavest t/a Spark Foundry |
|
01/01/2018 |
€7,000.00 |
Payment to Act to Prevent Trafficking, for the Department of Justice and Equality funded UN.GIFT box human trafficking awareness campaign |
Association of Missionaries and Religious of Ireland |
|
01/02/2018 |
€5,018 |
Media buying services for National Awareness Campaign on Domestic Violence |
PHD Media (Ireland) Ltd |
|
01/02/2018 |
€18,556 |
Creative advertising services for National Awareness Campaign on Domestic Violence |
TBWA Dublin |
|
01/03/2018 |
€5,018 |
Creative advertising services for National Awareness Campaign on Domestic Violence |
TBWA Dublin |
|
01/03/2018 |
€3,378 |
Creative advertising services for National Awareness Campaign on Domestic Violence |
TBWA Dublin |
|
|
|
|
|
|
TOTAL |
€1,254,497 |
|
|
217. Deputy Brendan Smith asked the Minister for Justice and Equality when additional Garda personnel and resources will be allocated to the Cavan and Monaghan Division; and if he will make a statement on the matter. [14801/18]
Amharc ar fhreagra218. Deputy Brendan Smith asked the Minister for Justice and Equality when additional resources will be provided to the Cavan and Monaghan Garda Division to develop an adequate community policing service; and if he will make a statement on the matter. [14802/18]
Amharc ar fhreagraI propose to take Questions Nos. 217 and 218 together.
As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I am informed by the Commissioner that the strength of Cavan/Monaghan Division on 28 February 2018, the latest date for which information is readily available, was 329 of whom 2 are designated as full-time Community Garda. There are also 11 Garda Reserves and 38 Garda civilian staff attached to the Cavan/Monaghan Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.
In relation to the number of “Community Gardaí” it is important to recognise that community policing is not a specialist role in An Garda Síochána; rather it is the case that all Gardaí have a role to play in community policing in carrying out their duties. The official categorisation as a “Community Garda" simply refers to those who are exclusively assigned to building relationships with local communities including through the giving of talks to schools, community groups and others. It is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her having regard to the profile of the area and its specific needs.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. To achieve this the Government has put in place a plan for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. We are making real, tangible progress on achieving this goal.
Since the reopening of the Garda College in September 2014, just under 1,800 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide including 53 to the Cavan/Monaghan Division, 13 of whom were allocated from the last attestation on the 16 March 2018. Garda numbers, taking account of retirements, increased to 13,551 at the end of 2017 – a net increase of over 600 since the end of 2016.
I am pleased that funding is in place to maintain this high level of investment in the Garda workforce to ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. This year a further 800 new Garda Recruits will enter the Garda College. Also a further 600 Garda trainees are scheduled to attest during the remainder of the year which will see Garda numbers, taking account of projected retirements, reach 14,000 by the end of 2018.
In addition, a further 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training in 2018.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources needed to deploy increasing numbers of Gardaí across every Division, including the Cavan/Monaghan Division.
219. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if all outstanding documentation has been furnished by a person (details supplied); if their case for naturalisation and long-term residency will now be processed; and if he will make a statement on the matter. [14808/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for renewal for a right of residency, accompanied by a right to work, based on their parentage of an Irish citizen child. The application was received in the relevant section of INIS on 8 March 2018. INIS has been in contact with the person concerned seeking further information and documentation on 23 March 2018.
No correspondence has been submitted to date in response to the request. The application will be considered further on receipt of all of the required documentation.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
220. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if provision will be made for a person (details supplied) to apply for naturalisation; and if he will make a statement on the matter. [14809/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation from the persons referred to by the Deputy. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. Section 15 of the Act provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions as set out in the Act are fulfilled. It is open to any individual to make an application for naturalisation if and when they are in a position to satisfy the statutory conditions.
The statutory conditions include that the applicant himself or herself must have had one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a further total residence in the State amounting to four years. Periods of residence outside the State are not reckonable for naturalisation purposes. Every application for a certificate of naturalisation is considered on its own merits having regard to the statutory conditions set out in the Act.
Detailed information on Irish citizenship and naturalisation, as well as the relevant application form, is available on the INIS website at www.inis.gov.ie. The website also contains guidance on the completion of an application for naturalisation and an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the statutory residency requirements are met.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
221. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) has now attained the required status to facilitate a valid application for naturalisation; and if he will make a statement on the matter. [14810/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of an application for a certificate of naturalisation from the person referred to by the Deputy is under consideration and has not yet reached a conclusion. The records indicate that the person in question currently has permission to reside in the State until 22 February 2019.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
222. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) is now eligible to make an application for naturalisation and long term residency; and if he will make a statement on the matter. [14811/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order, made on 11 March 2005, following a comprehensive and thorough examination of their asylum claim and a detailed examination of the representations they submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).
The person concerned, through their legal representative, has made a request to have that Deportation Order revoked, based on the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). This request will be considered as soon as it is possible to do so. The Deputy might wish to note that the resulting decision will be to 'affirm' or to 'revoke' the existing Deportation Order.
I’m also advised that, separately, the person concerned, through their legal representative, has also sought to be re-admitted to the asylum/protection process and the initial decision in this regard is under review. Once a final decision has been arrived at, it will be notified in writing. The Deputy might wish to note that the resulting decision in this instance will be to give or refuse the person permission to apply again for international protection.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
223. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if family reunification in the case of a person (details supplied) will be facilitated; and if he will make a statement on the matter. [14812/18]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question made an application for family reunification under the provisions of the Refugee Act 1996 in January 2015. The case has been finalised and a decision letter issued to the applicant on 6 November 2015. There is no record of any current application for family reunification from the person concerned.
It is open to Irish citizens and those outside the International Protection process to apply for family reunification under the Non-EEA Policy Document on Family Reunification, which is available on the INIS website, www.inis.gov.ie.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
224. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of the naturalisation of a person (details supplied); and if he will make a statement on the matter. [14813/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received. I would, however, refer the Deputy to my response to his Parliamentary Question No. 97 of 6 March in relation to the person concerned.
It is open to any individual to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956, as amended, which governs the granting of Irish citizenship through naturalisation.
Detailed information on Irish citizenship and naturalisation, as well as the relevant application form, is available on the INIS website at www.inis.gov.ie. The website also contains guidance on the completion of an application for naturalisation and an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the statutory residency requirements are met.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
225. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when stamp 4 will be updated for a person (details supplied); and if he will make a statement on the matter. [14814/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, from the limited information provided, it is not possible to identify the person concerned.
I wish to advise the Deputy, therefore, that the Residence Division of INIS does not currently have any application for the person concerned before them. In this regard, and to allow a full examination of their circumstances, the person concerned should be advised to write directly to EU Treaty Rights Unit, Residence Division, Irish Naturalisation and Immigration Service, 13-14 Burgh Quay, Dublin 2. At that time, they should provide such biographical detail as would allow the INIS to identify them and should set out the details of their case. Information on application types, qualifying criteria, and required documentation are available on the INIS website. In the alternative, the Deputy may provide further identifying information in respect of the person concerned in order that the INIS may furnish him with a more comprehensive response.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
226. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when an application by a person (details supplied) for long-term residency stamp 4 will be progressed; and if he will make a statement on the matter. [14818/18]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 25 August 2017. This Order requires the person concerned to remove themselves from the State and remain outside the State. The enforcement of the Deportation Order is a matter for the Garda National Immigration Bureau.
Representations were received on behalf of the person concerned requesting that the deportation order be revoked, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended). All relevant aspects of the case will be considered before a decision is made.
The Deputy might wish to note that the decision to ensue from the consideration of this request will be to have the existing deportation order ‘affirmed’ or ‘revoked’. Once such a decision has been made, this decision will be notified in writing. In the meantime, the deportation order remains valid and in place.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.
227. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to conclude an application for naturalisation by a person (details supplied); and if he will make a statement on the matter. [14819/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation from the person referred to by the Deputy has entered the final stage of processing. A letter issued to the person concerned on 8 August 2017 requesting him to submit the prescribed certificate fee and other documents. No reply has been received to date. A reminder letter issued on 9 March 2018. I am informed by my officials that the required information relating to his passport is already on file and the applicant is not required to resubmit his passport.
As the Deputy can appreciate, no further processing of the application can take place pending receipt of a response to our letter dated 09 March 2018.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
228. Deputy Róisín Shortall asked the Minister for Justice and Equality his views on data harvesting; the steps he is taking to ensure the practice is regulated and not open to abuse; and if he will make a statement on the matter. [14895/18]
Amharc ar fhreagra229. Deputy Róisín Shortall asked the Minister for Justice and Equality the reasoning behind adopting a digital age of consent below the EU recommendation; if it will be reconsidered in view of the abuse of data harvesting that has come to light in recent days; and if he will make a statement on the matter. [14896/18]
Amharc ar fhreagraI propose to take Questions Nos. 228 and 229 together.
The position is that section 2 of the Data Protection Act 1988 specifies that personal data shall be obtained only for one or more specified, explicit and legitimate purposes and shall not be further processed in a manner incompatible with that purposes or those purposes. For any such further processing (including disclosure, sharing or otherwise making the data available) to be lawful, a legal basis, such as the consent of the individuals to whom the date relate, is required. This ‘purpose limitation’ principle is also set out in Article 5.1(b) of the General Data Protection Regulation (GDPR), which will enter into force across the EU on 25 May. It means that an appropriate legal basis will continue to be required for the purposes of such further processing.
While supervision and enforcement of data protection law in the State, including the handling of complaints, is currently a matter for the Data Protection Commissioner, Part 2 of the Data Protection Bill 2018, which yesterday completed its passage through the Seanad, provides for establishment of a Data Protection Commission to supervise and enforce the strengthened data subject rights in the GDPR. The Commissioner performs her statutory tasks and exercises her powers in an independent manner; the same will apply to the Commission following its establishment.
Following entry into force of the GDPR, the Commission will be responsible for administering a broad range of sanctions in cases in which the data protection standards of the GDPR have been breached. These include the possible imposition of administrative fines of up to €10 million or €20 million (or 2% or 4% of total worldwide annual turnover in the preceding financial year). I am confident that establishment of the Data Protection Commission, together with the availability of strengthened sanctions, will facilitate effective supervision and enforcement of the GDPR’s enhanced data protection standards.
As regards the digital age of consent, the position is that while Article 8 of the GDPR provides for an age of 16 years, it clearly states that Member States may provide for a lower age but no lower than 13 years. The age of 16 years is not an EU recommendation, but rather the upper age limit and Member States have adopted different approaches to implementing this provision.
In order to assist the Government in making its decision on the digital age of consent to apply in this jurisdiction both my Department and the Government’s Data Forum – which brings together legal and data protection experts, business representatives from SMEs and multinationals, as well as sociologists, psychologists and education specialists – carried out public consultation processes. Following the completion of these consultation processes, the Government opted for a digital age of consent of 13 years. When making this decision, the Government took account of the expertise and knowledge of those that responded to these consultation processes in reaching this decision. A majority of respondents – including, notably, the Ombudsman for Children's Office, the Internet Safety Advisory Committee and the Children's Rights Alliance – recommended a ‘digital age of consent’ of 13 years.
Moreover, when appearing before the Joint Oireachtas Committee on Justice and Equality for the pre-legislative scrutiny of the General Scheme of the Data Protection Bill last July, Special Rapporteur on Child Protection, Dr Geoffrey Shannon, also recommended setting the ‘digital age of consent’ at 13 years. This recommendation was adopted by the Joint Committee in their report published in November last.
I should add, finally, that a number of other Member States, including Sweden, Denmark, Finland, Czech Republic, Latvia, Poland, UK and Spain, have also adopted a digital age of consent of 13 years.
