Written Answers Nos. 591-610
591. Deputy Gary Gannon asked the Minister for Justice and Equality the number of mountain bikes allocated to each Garda district within the Dublin metropolitan region, DMR, as of 13 July 2020, in tabular form. [17011/20]
Amharc ar fhreagraThe Deputy will be aware that in accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. The Commissioner is also responsible for the allocation and efficient use of Garda resources, including purchase and allocation of mountain bikes, in light of operational demand. As Minister I have no role in these matters. I understand, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.
The resources provided by Government to An Garda Síochána have reached record levels, with an allocation for 2020 of €1.882 billion. A very significant level of capital investment is also being made in An Garda Síochána, including €116.5 million this year.
I am informed by the Garda authorities that the allocation of mountain bikes for each Garda district within the Dublin Metropolitan Region, as of 13 July 2020, is set out in the following table:
|
Division |
District |
No. of Mountain bikes |
|
DMR North |
Ballymun |
1 |
|
Coolock |
4 |
|
|
Raheny |
4 |
|
|
Swords |
1 |
|
|
Balbriggan |
4 |
|
|
Sub Total |
14 |
|
|
DMR North Central |
Store Street |
23 |
|
Bridewell |
1 |
|
|
Mountjoy |
1 |
|
|
Sub Total |
25 |
|
|
DMR South |
Tallaght |
1 |
|
Terenure |
1 |
|
|
Sub Total |
2 |
|
|
DMR South Central |
Kevin Street |
2 |
|
Pearse Street |
8 |
|
|
Donnybrook |
1 |
|
|
Sub Total |
11 |
|
|
DMR West |
Blanchardstown |
4 |
|
Clondalkin |
1 |
|
|
Sub Total |
5 |
|
|
DMR East |
Dun Laoghaire |
1 |
|
Blackrock |
1 |
|
|
Sub Total |
2 |
|
|
Grand Total |
59 |
592. Deputy Seán Crowe asked the Minister for Justice and Equality if a C visa will be granted on compassionate grounds to a person (details supplied) in view of the fact that the short stay visa system remains closed due to Covid-19 restrictions. [17090/20]
Amharc ar fhreagraVisa Offices have temporarily suspended the processing of all non-priority short stay visa applications due to the COVID-19 pandemic. A limited resumption of visa services was commenced from 22 June 2020. During this initial resumption phase, the Immigration Service has only been accepting Long Stay “D” visa applications, including Study, as well as those identified under its current criteria as Emergency/Priority visas. It remains the position that short stay visas are not being issued for non-essential travel.
The current criteria for Emergency/Priority visas is as follows:
- Emergency visa (e.g. Healthcare professionals, health researchers, and elderly care professionals);
- Immediate family members of Irish citizens (who are returning to their ordinary place of residence in Ireland);
- Persons legally resident in the State;
- Persons entitled to avail of the provision of the EU Free Movement Directive;
- Transport personnel engaged in haulage of goods and other transport staff to the extent necessary;
- Diplomats, staff of international organisations, military personnel and humanitarian aid workers in the exercise of their functions.
Based on the above, this particular case does not meet the criteria for a short stay visa to be issued currently. Officials of my Department have been in contact with the person referred to and have advised that the short stay visa application will be processed when normal service resumes.
A Frequently Asked Questions document on the impact of COVID-19 on immigration and international protection is available on the Immigration Service website (www.inis.gov.ie). This document is regularly updated. Additionally any person intending to travel should also take note of the General COVID-19 Travel Advisory issued by the Department of Foreign Affairs and Trade.
Queries in relation to the status of individual immigration cases may be made directly to my Department by email 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 Question process. The Deputy may consider using the email service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
593. Deputy Holly Cairns asked the Minister for Justice and Equality when the online renewal system for non-EU migrants, which currently only applies to Dublin, will be extended to the rest of the country; and if she will make a statement on the matter. [17104/20]
Amharc ar fhreagraMy Department registers persons residing in the Dublin area only. The Garda National Immigration Bureau (GNIB) processes all applications outside of Dublin through the Garda Station network.
A new online Registration Renewal system for all non-EEA nationals based in Dublin went live on 20 July 2020. This means that anyone within the Dublin area looking to renew their registration will no longer have to book an appointment and attend the Registration Office in person.
A person residing outside of Dublin, however, must contact their local Registration Office when it reopens. The Immigration Service of my Department works closely with the GNIB to ensure that we continue to focus on delivering high quality services to all of our immigration customers outside of the Dublin region. While there are no immediate plans to extend the online renewal system to Registration Offices outside Dublin, this is being kept under review, including in the context of implementing the recommendation of the Commission on the Future of Policing in Ireland.
After being closed for four months due to COVID-19 restrictions, Registration Offices outside Dublin operated by An Garda Síochána are opening on a phased basis in line with the Government roadmap. Email addresses for each Registration Office are provided for queries and the arranging of appointments. Further information on the contact details and proposed dates of reopening for all the registration offices outside Dublin is available on http://www.inis.gov.ie/en/INIS/Pages/registration-updates.
Individuals wishing to register or renew their permissions, and who reside outside Dublin, should contact their local Immigration Officer on the email address provided prior to attending at a Garda Station. Please be advised that individuals without an appointment will not be seen.
On 16 July 2020 I announced that immigration permissions due to expire between 20 July and 20 August 2020 will be automatically extended for one month. Any permission which was renewed by an earlier notice of 20 March 2020 and 13 May and which therefore has a new expiry date between 20 July 2020 and 20 August 2020 is also renewed. Provided the person otherwise meets the conditions set out in the notices, this exceptional temporary measure also applies to non-nationals currently outside the State. All renewals are on the same basis as existing permissions, and the same conditions will continue to apply.
While it is intended that this will be the final temporary extension of immigration permission, my Department will continue to keep the situation under active review as matters evolve in our national response to the COVID-19 pandemic.
My Department is providing regular updates on all immigration related matters on the Immigration Service website: http://www.inis.gov.ie/. A detailed Frequently Asked Questions document on the COVID-19 impact on immigration and international protection can also be found on the website. This document is also regularly updated. I would encourage all immigration applicants to refer to the website for up-to-date information.
594. Deputy Holly Cairns asked the Minister for Justice and Equality if she will clarify the nature of the review concerning the detention of a person (details supplied) who was kept in solitary confinement for more than a week in Mountjoy Prison after immigration officials refused to allow them into the country; the expected timeline for this review; and if she will make a statement on the matter. [17105/20]
Amharc ar fhreagraMy Department does not comment on individual cases. However, I can confirm it is standard practice in the case of legal proceedings such as this to conduct a full review of what occurred and improve or amend any procedural or administrative arrangements, including in relation to arrangements with An Garda Síochána, so that the immigration service can continually improve how it conducts its business.
595. Deputy Holly Cairns asked the Minister for Justice and Equality if her attention has been drawn to the Immigration Detention and Border Control in Ireland report, which documents immigration-related detention practices including the absence of appeals or a complaints process for persons refused leave to land at the border; and if she will make a statement on the matter. [17106/20]
Amharc ar fhreagraMy Department is aware of the Report to which the Deputy refers. Indeed, officials of my Department, the Prison Service and other agencies participated in key stakeholder interviews for the purposes of the Report.
As the Deputy will appreciate, every State has a duty to protect its borders and to refuse entry to those persons not entitled to enter the State. This is a fundamental exercise of State sovereignty necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is subject to the law and respect for individual rights.
Detention in a Garda Station or prison of a person refused entry to the State is undertaken as a last resort. Indeed, there is a statutory obligation to return a person refused entry permission as soon as is practicable. Most persons are returned on the same day that they are refused entry.
A refusal of leave to land by the Border Management Unit is always signed off by a more senior civil servant.
It is important to note that a refusal of leave to land, unlike a deportation or a removal order, does not prevent the person from seeking to enter the State in the future if they satisfy the conditions for entry. The principle of non-refoulement applies to these decisions.
The relevant provisions on immigration related detention are kept under ongoing review and the recommendations in this Report will be considered in that context.
596. Deputy Holly Cairns asked the Minister for Justice and Equality the number of proposals yet to be processed from the Irish refugee protection programme humanitarian admission programme call which ended in February 2019; if she will provide a breakdown by nationality of the sponsors and the potential beneficiaries who have yet to receive a decision, in tabular form; and the reason for the delay in making a decision on these applications. [17107/20]
Amharc ar fhreagraThe first round of the IRPP Humanitarian Admission Programme (IHAP) granted permission to 165 beneficiaries. To date, with respect to the second round of the IHAP (IHAP 2), approximately 255 applications have been granted in respect of 440 beneficiaries.
There are currently 80 pending applications in respect of 185 beneficiaries and it is expected that these pending applications will include both grants and refusals. The processing of applications is ongoing; however, restraints arising from the COVID-19 pandemic has impacted processing capacity as some staff were redeployed to support the wider national response.
When the IHAP was announced by my predecessor Minister Flanagan in May 2018, it was envisaged that there would be circa 530 beneficiaries. In December 2019, the allocation was increased to circa 740 beneficiaries, of which 605 have been filled. It is expected that between the pending applications and review requests, that the revised allocation of 740 beneficiaries will be reached, or possibly exceeded.
Nationality of the proposers for beneficiaries under the IHAP for which applications under the Programme are outstanding:
|
Nationality: |
Proposers: |
|
Afghan |
26 |
|
Syrian |
26 |
|
Somali |
<10 |
|
Sudanese |
<10 |
|
DRC |
<10 |
|
Eritrean |
<10 |
|
Burmese |
<10 |
|
Palestinian |
<10 |
Nationality of beneficiaries under the IHAP for which applications under the Programme are outstanding:
|
Nationality: |
Number of Beneficiaries: |
|
Afghan |
70 |
|
Syrian |
49 |
|
Somali |
22 |
|
DRC |
11 |
|
Eritrean |
<10 |
|
Burmese |
<10 |
|
Sudanese |
<10 |
598. Deputy Johnny Mythen asked the Minister for Justice and Equality the fines and prison sentences bestowed on persons who are found in possession of stolen animals; and if she will make a statement on the matter. [17126/20]
Amharc ar fhreagraI am very conscious of the impact that anti-social behaviour and crime like dog thefts has on the quality of life for residents in local communities. Gardaí are working hard to tackle this, and all forms of criminality in our communities, to make them safer for all members of society.
I am informed by the Garda authorities that the Garda National Crime Prevention Unit coordinates a number of Crime Prevention Information Campaigns through traditional and social media. Recently information has been disseminated to the Crime Prevention Officers Network countrywide specifically dealing with the topic of dog thefts.
Together with legislation governing theft, other legislation pertaining to animal welfare, sale of animals and cruelty can be considered when dealing with suspected offenders. The following legislation is relevant for theft of animals and provides for associated offences and penalties:
- Criminal Justice (Theft and Fraud Offences) Act 2001
- The Animal Health and Welfare Act 2013
- Protection of Animals (Amendment) Act 1965
With regard to figures relating to penalties for thefts of animals, I am advised by the Courts Service that due to the nature of how data is collected, the information is not maintained in such a way as to provide specific figures for either specific counties or nationwide. It is not possible to provide a breakdown of the number of the persons who have actually received the above penalties, as there is no specific code on PULSE for the possession of a stolen animal. Such figures could only be retrieved by a manual examination of each court record.
599. Deputy Catherine Connolly asked the Minister for Justice and Equality if Ireland will, via its representation on the Council of the EU, give its agreement to the opening of negotiations with Afghanistan on asylum returns to that country on the basis of a general principle as outlined in a note from the General Secretariat of the Council dated 3 July 2020 (details supplied); and if she will make a statement on the matter. [17163/20]
Amharc ar fhreagraAs part of the Europeans Union's cooperation with Afghanistan in the area of migration, both have committed to a Joint Way Forward on Migration Issues between Afghanistan and the EU (JWF). The JWF, which is not considered a binding international agreement, was signed on 3 October 2016 and was automatically extended for another two years following the provisions of Part VIII of the JWF. It is due to expire on 3 October 2020.
Part I of the JWF defines the scope of cooperation and reaffirms Afghanistan's obligations under international law to readmit its citizens who entered into the EU or are staying on the EU territory irregularly. Part II contains various provisions aimed at facilitating the return process. In addition, the JWF contains provisions on information and awareness-raising (Part III), return programs and reintegration assistance (Part IV), fighting smuggling and trafficking in human beings (Part V), the creation of a Joint Working Group (Part VI) and the exchange of documents (Part VII).
The JWF already allows for vulnerable groups, including unaccompanied minors, to be returned after giving fair consideration to humanitarian aspects (Part I, point 4, of the JWF).
Given the upcoming expiry of the JWF in October 2020, the European Commission informed the Council of the European Union on 10 June 2020, that it intends to enter discussions with Afghanistan on the prolongation of the JWF. The Council must authorise the opening of negotiations and the signing of non-binding instruments such as the JWF.
Ireland, through its Permanent Representation to the EU, did not make any objection to the opening of negotiations with Afghanistan.
As with all such negotiations, the Commission will regularly update the Council on the evolution of the negotiations and will revert to the Council at the end of negotiations to seek the Council's authorisation for the signature of the instrument on behalf of the Union.
600. Deputy Catherine Murphy asked the Minister for Justice and Equality the amount of cash seized by An Garda Síochána under the Proceeds of Crime (Amendment) Act 2016 that was returned to the persons from whom it was seized by way of appeal in each of the years 2018, 2019 and to date in 2020, in tabular form. [17181/20]
Amharc ar fhreagraI am informed that the seizure and detention provisions of the Proceeds of Crime (Amendment) Act 2016 can only be invoked by the Chief Bureau Officer and Bureau Officers appointed pursuant to sections 7 and 8 respectively of the of the Criminal Assets Bureau Act 1996 (as amended).
The Criminal Assets Bureau is a separate statutory body independent of the Garda Síochána and therefore, strictly speaking, no such seizure and detention orders under the 2016 Act can be made by the Garda Síochána, but only by the Criminal Assets Bureau.
Furthermore, there is no appeal as such from the seizure and detention provisions in section 1A of the Proceeds of Crime Acts (as inserted by section 3 of the Proceeds of Crime (Amendment) Act, 2016). There is provision for an application pursuant to section 1B of said acts to vary or vacate a seizure and detention order made under section 1A.
I am advised by the Criminal Assets Bureau that no application has yet been made under the provisions of section 1B since the commencement of the 2016 Act.
601. Deputy Thomas Pringle asked the Minister for Justice and Equality the options available to a Colombian national and a qualified psychologist (details supplied); and if she will make a statement on the matter. [17187/20]
Amharc ar fhreagraA person who is in a long-term relationship with an Irish citizen may be eligible to apply for De Facto Partnership permission to remain in the State.
In order to apply for De Facto Partnership immigration permission, a non EEA national (the Applicant) who wishes to remain the State and is in a relationship with an Irish National or an Irish Resident (the Sponsor) must be in a position to provide documentary evidence of a durable relationship, akin to marriage, with evidence of cohabitation of at least two years on the date of application.
De Facto Partnership applications will only be accepted from individuals who have a valid permission to be in the State and are present in the State at the time of applying. However, such applications are not accepted from persons who are in the State on foot of a short-stay visa, for example, for a holiday or from those who are unlawfully in the State at the time of applying.
If the applicant is a visa required national they must apply for and be granted an Irish D Join Partner visa for entry into the State.
Applicants must remain in the State for the duration of their application. There is no fee for De Facto Partnership applications.
If the person concerned wishes to make a De Facto Partnership application they must apply in writing to: De Facto Partnerships, Residence Division - Unit 5, Immigration Service, PO Box 12695, Dublin 2.
Further information on applying for De Facto Partnership permission, including an application form, can be found on the Immigration Service website:
http://www.inis.gov.ie/en/INIS/Pages/De%20Facto%20Relationships.
602. Deputy Chris Andrews asked the Minister for Justice and Equality when the restrictions on accepting new visa applications will be lifted in order to allow a person (details supplied) to travel here to visit a sick relative. [17300/20]
Amharc ar fhreagraThe Immigration Service of my Department started a limited resumption of visa services from 22 June 2020. During this initial resumption phase, it has only been accepting Long Stay “D” visa applications, including Study, as well as those identified under the Immigration Service's current criteria as Emergency/Priority visas.
While we are again accepting long stay visa applications for processing, the actual issuance of visas not within the Emergency/Priority categories remains dependent on Public Health advice, and has not yet begun. It remains the position that we are not accepting any short stay visa applications, except for cases that fall under the Emergency/Priority criteria. A detailed list of what categories of short stay visa fall under the Emergency/Priority category can be found on the following web page:
http://www.inis.gov.ie/en/INIS/Pages/updates-announcements
There are still restrictions in place in many countries, so in locations where it wasn’t possible to resume processing visa applications from 22 June 2020, the Immigration Service intend to resume accepting visa applications as soon as is possible. Any resumption of services is subject to current health and safety advice in relation to the COVID-19 pandemic. The extent of the resumption of visa services will continue to be decided in accordance with World Health Organisation (WHO) and Health Service Executive (HSE) guidelines.
For up to date information on a specific application location, those seeking to apply for an Irish visa should continue to monitor the website of their local Irish Embassy, Mission or Visa Office. The link for the Embassy below provides updates specific to the location that is relevant to the place of application of the person referred to in your query.
https://www.dfa.ie/irish-embassy/jordan
I would advise any applicant for a visa to monitor the Department's immigration website where a Frequently Asked Questions document on the impact of COVID-19 on immigration and international protection is available - (www.inis.gov.ie). This document is regularly updated. Additionally any person intending to travel should also take note of the General COVID-19 Travel Advisory issued by the Department of Foreign Affairs and Trade.
603. Deputy Steven Matthews asked the Minister for Justice and Equality the status of the policing and community safety Bill; and if she will make a statement on the matter. [17324/20]
Amharc ar fhreagraIn December 2018, the Government published A Policing Service for our Future – the 4-year Plan (2019-2022) to implement the Report of the Commission on the Future of Policing in Ireland (CoFPI) – The Future of Policing in Ireland. In that context, the Government approved the development of the General Scheme of the Policing and Community Safety Bill. The Bill will provide for a new coherent governance and oversight framework as recommended by CoFPI to strengthen the internal governance of the Garda Síochána, ensure clear and effective independent oversight and ultimately deliver better policing.
In that regard I would refer to the commitments in the Programme for Government to rapidly implement CoFPI while ensuring that there remains a strong and independent public external accountability mechanism for the Garda Commissioner and Garda Leadership Team.
The Bill will also, as committed to in the Programme for Government, redefine the functions of An Garda Síochána to include the prevention of harm to individuals who are at risk or are vulnerable and place a reciprocal obligation on other public service bodies to cooperate with the Garda Síochána in relation to the broader issue of community safety.
Work on the General Scheme is at an advanced stage in my Department and, following consultation with key stakeholders including the Garda Commissioner and the policing oversight bodies, my intention is to bring it to Cabinet for approval in the Autumn.
604. Deputy Eoghan Murphy asked the Minister for Justice and Equality the total increase in the number of active gardaí over the past four months. [17335/20]
Amharc ar fhreagraThe Deputy will be aware that under the Garda Síochána Act 2005 as amended, the Garda Commissioner has responsibility for management of An Garda Síochána and for the allocation and efficient use of Garda resources. This includes responsibility for personnel matters and the distribution of personnel across the various Garda Divisions. As Minister I have no direct role in these matters. I understand however that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.
The resources provided to An Garda Síochána have reached unprecedented levels, with an allocation for 2020 of €1.88 billion. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff and as a result, An Garda Síochána is a growing organisation.
I am informed by the Garda authorities that as at 30 June 2020, there were approximately 14,700 Garda members nationwide, supported by over 3,000 Garda staff and these numbers are continuing to grow. This figure includes the Garda trainees from two separate intake classes who attested earlier than scheduled, in March 2020, which was an operational decision taken by the Garda Commissioner in order to augment An Garda Síochána's capacity to respond to the Covid-19 pandemic.
The information on the increase in Garda numbers requested by the Deputy is available on my Department’s website at the following link:
http://www.justice.ie/en/JELR/Pages/Garda_Workforce
605. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the case of a person (details supplied) will be reviewed; and if she will make a statement on the matter. [17422/20]
Amharc ar fhreagraIn response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of final decisions being made.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service Delivery function 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.
606. Deputy Dessie Ellis asked the Minister for Health the procedures carried out with respect to Covid-19 for travellers arriving at points of entry here, in particular for passengers that have arrived from the United States of America; and if he will make a statement on the matter. [16482/20]
Amharc ar fhreagraAt present, the government advises against non-essential travel overseas.
Passengers arriving to Ireland from overseas are legally required to complete a COVID-19 Passenger Locator Form. The information provided on the form may be used to assist with contact tracing in the event that there is a suspected or confirmed case on board a flight or ferry.
Passengers arriving to Ireland are advised in the interest of public health to restrict their movements for 14 days.
Close consideration is being given by Government to policy in relation to overseas travel, including to additional measures being put in place at airports and ports to strengthen existing arrangements.
607. Deputy Duncan Smith asked the Minister for Health if he will provide a copy of HSE Circular 3 of 2005; and if he will make a statement on the matter. [16485/20]
Amharc ar fhreagraI have asked the HSE to respond directly to the Deputy on the matter.
608. Deputy Paul McAuliffe asked the Minister for Health his plans for a nursing home (details supplied). [16490/20]
Amharc ar fhreagraThe HSE has had a number of formal engagements with the Agency referred to by the Deputy over the past year. There were three meetings in 2019 and there have been a number of meetings so far in 2020, most recently in late June, with further engagement planned. I understand the General Manager notified staff on 3 June 2020 of the decision of the Board of Management to close the facility.
As this is an operational matter I have arranged for the Deputy’s questions to be forwarded to the HSE for direct reply.
609. Deputy David Cullinane asked the Minister for Health if he will address a matter (details supplied); and if he will make a statement on the matter. [16503/20]
Amharc ar fhreagraAs this is a service issue, I have asked the Health Service Executive to reply to the Deputy directly.
610. Deputy David Cullinane asked the Minister for Health the number of midwifery posts in the maternity unit in Portiuncula University Hospital, Galway, in 2019 and to date in 2020; and the number of vacancies in the unit. [16508/20]
Amharc ar fhreagraAs this is a service issue, I have asked the Health Service Executive to reply to the Deputy directly.
