Tuesday, 3 Nov 2020

Written Answers Nos. 1081-1098

Data Protection

Ceisteanna (1081)

Mary Lou McDonald

Ceist:

1081. Deputy Mary Lou McDonald asked the Minister for Justice the number of data protection breaches identified within her Department in 2019. [33849/20]

Freagraí scríofa

Minister for Justice

I wish to inform the Deputy that a total of 130 data breaches were identified within my Department in 2019.

Of the 130 breaches identified, 67 were assessed as posing a risk to the rights and freedoms of data subjects and were reported to the Data Protection Commission in compliance with data protection legislation.

Many breaches are as a result of human error. A system of early reporting of suspected data breaches by staff across the Department allows the DPO and her team to investigate the circumstances and ensure that the risk to the individuals involved is minimised. I note that, upon investigation, just under half of the breaches recorded posed no risk to the individuals involved. My Department engages in ongoing data protection awareness raising activities and provides targeted training to specific staff groupings in this area.

Travel Documents

Ceisteanna (1082)

Robert Troy

Ceist:

1082. Deputy Robert Troy asked the Minister for Justice if a person (details supplied) can enter Ireland on a tourist visa. [33863/20]

Freagraí scríofa

Minister for Justice

Detailed information on the circumstances in which a person, who is not a refugee, can seek to sponsor a non-EEA national family member to join and reside with them in the State is contained in the Government's Policy Document on Non-EEA Family Reunification. This information can be accessed on the Immigration Service Delivery website - http://www.inis.gov.ie/en/INIS/Family%20Reunification%20Policy%20Document.pdf/Files/Family%20Reunification%20Policy%20Document.pdf.

If the family members is a visa required national they must seek the appropriate visa for their circumstances. Each visa application is considered on its individual merits having regard to all of the information and documentation available to the visa officer at the time.

The type of visa which applicants should apply for will depend on the reason for travelling to Ireland. If the intention is for the child to come and reside with the Nigerian national in the State, the correct procedure in this case is for the parents/guardian of the child to apply for a ‘D’ Join Family long stay visa, on the child's behalf, to the ISD Visa Office in Nigeria.

Comprehensive guidelines for all types of visa applications are published on the website of the Immigration Service (www.inis.gov.ie). The guidance for a visa for the purpose of joining family members residing in Ireland refers applicants to the Policy Document on Non-EEA Family Reunification. The criteria set out in that policy is used in assessing both visa applicants for this type of visa and any subsequent residence application should the person's visa application be successful.

The following pages on the Immigration Service (ISD) website may be of assistance when creating a visa application:

http://www.inis.gov.ie/en/INIS/Pages/Irish%20Visa%20Information.

Immigration Data

Ceisteanna (1083)

Catherine Connolly

Ceist:

1083. Deputy Catherine Connolly asked the Minister for Justice the number of stamp 3 permissions provided by INIS to dependent young persons aged 16, 17 and 18 in each of the years 2016 to 2019 and to date in 2020, respectively; and if she will make a statement on the matter. [33868/20]

Freagraí scríofa

Minister for Justice

I have requested information from the Garda Commissioner in relation to this matter but it was unfortunately not possible to compile it in the time available.

I will write to the Deputy directly with the information requested, when it is available.

Immigration Data

Ceisteanna (1084)

Catherine Connolly

Ceist:

1084. Deputy Catherine Connolly asked the Minister for Justice the number of stamp 2A permissions provided by INIS to dependent young persons aged 16, 17 and 18 in each of the years 2016 to 2019 and to date in 2020, respectively; and if she will make a statement on the matter. [33869/20]

Freagraí scríofa

Minister for Justice

I have requested information from the Garda Commissioner in relation to this matter but it was unfortunately not possible to compile it in the time available.

I will write to the Deputy directly with the information requested, when it is available.

Immigration Data

Ceisteanna (1085)

Catherine Connolly

Ceist:

1085. Deputy Catherine Connolly asked the Minister for Justice the number of stamp 4 applications made by stamp 3 permission holders in each of the years 2016 to 2019 and to date in 2020 aged 18 and under 19 to 21, 22 to 25 and over 25 years of age, respectively in tabular form; the number of such applications granted; the number refused; and if she will make a statement on the matter. [33870/20]

Freagraí scríofa

Minister for Justice

I have requested information from the Garda Commissioner in relation to this matter but it was unfortunately not possible to compile it in the time available.

I will write to the Deputy directly with the information requested, when it is available.

Naturalisation Certificates

Ceisteanna (1086)

Catherine Connolly

Ceist:

1086. Deputy Catherine Connolly asked the Minister for Justice if new Irish citizens signing an affidavit of loyalty to the State while citizenship ceremonies are cancelled during the pandemic will still be required to pay the €950 fee; if she will remove the fee for certification of naturalisation for all new citizens; and if she will make a statement on the matter. [33871/20]

Freagraí scríofa

Minister for Justice

The fees in relation to applications for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011.

The fees are in two parts - the current application fee is €175, payable when an application for naturalisation is lodged; and a certification fee which is payable when a certificate of naturalisation issues. The standard certification fee is set at €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of recognised refugees and stateless persons, there is no certification fee.

There is no provision for the discretionary waiver or reduction of fees, or for different fees to be applied. I am informed that the introduction of the application fee had an immediate positive effect on the quality and completeness of applications which is ultimately to the benefit of applicants. All of the fees payable under the Irish Nationality and Citizenship Act 1956, as amended, are kept under ongoing review by my Department. However, there are currently no plans to amend the fees.

The standard fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for a certificate of naturalisation which, given the benefits involved, is quite a detailed process.

Citizenship fees have not increased in the past 9 years notwithstanding that considerable investments has taken place including a new website and an e-payments facility. More enhancements to the application process are also in development including plans to introduce on-line application forms and the introduction of E-Vetting – measures aimed at speeding up and streamlining processing.

It remains my intention that large scale citizenship ceremonies will recommence once circumstances allow.

Immigration Policy

Ceisteanna (1087, 1088, 1089)

Catherine Connolly

Ceist:

1087. Deputy Catherine Connolly asked the Minister for Justice the analysis her Department has carried out with regard to upgrading existing dependent stamp 3 permissions to stamp 4 permissions for the duration of the citizenship application process for young persons that have lived and attended school in Ireland for a period of three years or more; and if she will make a statement on the matter. [33872/20]

Catherine Connolly

Ceist:

1088. Deputy Catherine Connolly asked the Minister for Justice the impact assessment her Department has carried out into the practice of providing dependent stamp 3 permission to young persons that have lived and attended school in Ireland but whose parents are non-EEA citizens; her views on the fact that this cohort of young persons that may have lived in Ireland most of their lives are unable to work and are ineligible for student grants; and if she will make a statement on the matter. [33873/20]

Catherine Connolly

Ceist:

1089. Deputy Catherine Connolly asked the Minister for Justice the assistance her Department provides to non-EEA parents living in the State whose children will be provided with stamp 2A or stamp 3 permission upon turning 16 with regard to the importance of applying for citizenship as early as possible to avoid their children being treated as dependents and, as such, not permitted to work in the State until they have been awarded citizenship; and if she will make a statement on the matter. [33874/20]

Freagraí scríofa

Minister for Justice

I propose to take Questions Nos. 1087, 1088 and 1089 together.

The parent, guardian or person who is in loco parentis to a child born in the State without an entitlement to Irish citizenship at birth, may lodge an application for naturalisation on behalf of the child, if and when the conditions for naturalisation are satisfied. This includes a requirement to have a total of 5 years residence in the State. This ensures that there is a path to obtaining Irish citizenship through the naturalisation process for these children.

Entitlement to Irish citizenship is governed by the Irish Nationality and Citizenship Act 1956, as amended. The Act distinguishes between the entitlement to citizenship by birth and descent and to the acquisition of citizenship through the naturalisation process. Following a referendum in 2004, the Irish Nationality and Citizenship Act 2004, amended Section 6 of the 1956 Act.

The changes came into effect on 1 January 2005. As of that date, a person born on the island of Ireland is not entitled to be an Irish citizen, unless that person's parents have been legally resident on the island of Ireland for a total of three years during the four years preceding that person's birth. Periods of unlawful residence, periods of residence which were for the sole purpose of having an application for refugee status determined or periods of residence where permission was granted for the purposes of study are excluded from the reckonable residence.

Access to the labour market, third level education and other public services are a matter for each of the relevant Departments. Access to these services on the same basis as EEA nationals can be achieved through acquiring Irish citizenship. The State is obliged to provide all children with free primary and post-primary education. Access to free third level education for Irish born non-citizen young persons is dependent on having the appropriate permission to remain in the State. Those young persons who do not qualify for free third level education may still be eligible for EU fee rates. Access to employment is also dependent on having the necessary permission, the same as for any other migrant in the State.

The Programme for Government contains a commitment to create new pathways for long-term undocumented people and their dependents meeting specified criteria to regularise their status within 18 months of the formation of the Government, bearing in mind European Union and Common Travel Area commitments.

A policy paper on the matter is being drafted by my Department at the present time, which will include an assessment of international best practices. Previous regularisation schemes, such as the 2018 Student Scheme and earlier such schemes, will also be considered in any future policy. Consultations on any policy proposals will also need to take place with relevant stakeholders including with other relevant Government Departments and the Office of the Attorney General.

I would encourage any person who is resident in the State without permission to contact my Department or their local immigration office and to take all appropriate steps to regularise their own and their family's status. In all cases, people must engage with the authorities if they wish to be permitted to remain here legally. The Immigration Service of my Department examines each case of an undocumented or illegal person in the State on a case-by-case basis and is considered on its individual merits.

Alcohol Sales

Ceisteanna (1090, 1091)

Thomas Gould

Ceist:

1090. Deputy Thomas Gould asked the Minister for Justice the provisions currently in place to regulate for alcohol delivery services; and her plans to implement further regulations. [33934/20]

Thomas Gould

Ceist:

1091. Deputy Thomas Gould asked the Minister for Justice if her attention has been drawn to the alcohol forum's Deliver Change on Drink Deliveries campaign; and if she will make a statement on the matter. [33935/20]

Freagraí scríofa

Minister for Justice

I propose to take Questions Nos. 1090 and 1091 together.

I understand the concerns that people have in relation to the purchase for delivery of alcohol products and I am very conscious of the detrimental effects of alcohol dependency on families and society.

In terms of assessing whether a review of legislation is required in relation to the delivery of alcohol, it is essential that there is a clear understanding of what the current regulations are under existing legislation.

While there is no dedicated licence for online sales of intoxicating liquor, licensees of licensed premises may engage in online sales subject to certain restrictive conditions.

As matters stand, under existing legislation where alcohol is purchased online, the same restrictions on the sale and supply of intoxicating liquor apply, including the restrictions in relation to hours of trading and the provisions in relation to the sale and supply of intoxicating liquor to young persons.

Under section 17(3) of the Intoxicating Liquor Act 2003, it is an offence for a licensee, with intent to evade the conditions of the licence, to take intoxicating liquor from the licensed premises for the purpose of its being sold on the account or for the benefit or profit of the licensee, or to permit any other person to do so. The penalty on conviction is a fine of up to €1,500 for a first offence and up to €2,000 for a second or subsequent offence.

Section 31 of the Intoxicating Liquor Act 1988, as amended, makes provision for offences relating to the sale and delivery of alcohol products to persons under the age of 18 years. It is an offence under section 31(2) for a licensee to sell or deliver, or to permit any other person to sell or deliver, alcohol products to any person for consumption off his or her licensed premises by a person under the age of 18 years in any place except with the explicit consent of the person's parent or guardian in a private residence in which he or she is present either as of right or with permission. On conviction for a first offence, a mandatory closure order of between two and seven days will be imposed by the court, together with a fine of up to €3,000. The penalties for a second or subsequent offence is a closure order of between 7 and 30 days and a fine of up to €5,000. In addition, the licence holder is required to continue to pay staff for the duration of the closure period.

With technology that facilitates video calls being commonplace in the conduct of business in a broad spectrum of contexts, there do not appear to be any practical impediments to vendors verifying the age of purchasers who purchase alcohol from their homes. The purchase must be completed from their home in advance of delivery.

The Government Alcohol Advisory Group considered specific issues relating to 'distance sales' of intoxicating liquor in its 2008 report. It took the view that sales of alcohol products which have been ordered by telephone or text messaging and which are paid for on delivery do not comply with licensing law requirements and are, therefore, illegal. The Group recommended that the Gardaí target “dial-a-can” and similar delivery services with a view to prosecuting the offending licensees. Any information concerning transactions of this nature which are contrary to the provisions of the licensing acts should, therefore, be brought to the attention of the Gardaí for investigation and possible prosecution.

In conclusion, there is substantial existing legislation to regulate the delivery of alcohol services in Ireland and, as matters currently stand, I do not propose to introduce new legislation in this area. However, I do appreciate that, with the Covid-19 outbreak, habits of consumers have been affected and the share of purchases online has increased substantially. These changes may be temporary or they may be the beginning of longer term trends. It is perhaps too early to tell what impacts these changes may have and whether increased online sales and delivery of alcohol will, on balance, provide increased convenience and choice to consumers and new revenue streams for small rural pubs or have negative impacts on society that require further regulation. It is in that context that I remain open to reviewing the situation should compelling objective evidence emerge indicating that a further examination of the legislation regulating these matters is warranted.

Legislative Measures

Ceisteanna (1092)

Holly Cairns

Ceist:

1092. Deputy Holly Cairns asked the Minister for Justice further to Parliamentary Question No. 7 of 22 October 2020, the way in which persons born here or who are long-term resident here as minors but are not Irish, EEA, UK or Swiss nationals can apply for citizenship; if her attention has been drawn to barriers to them doing so; and if she will make a statement on the matter. [33943/20]

Freagraí scríofa

Minister for Justice

Entitlement to Irish citizenship is governed by the Irish Nationality and Citizenship Act 1956, as amended. The Act distinguishes between the entitlement to citizenship by birth and descent and to the acquisition of citizenship through the naturalisation process.

Following a referendum of the Irish people, the 27th amendment to the Constitution changed the situation in relation to entitlement to Irish Citizenship. As a result, Section 6 of the Irish Nationality and Citizenship Act 1956 was amended by the Irish Nationality and Citizenship Act, 2004.

The changes came into effect on 1 January 2005. As of that date, a person born in the island of Ireland is not entitled to be an Irish citizen, unless that person's parents have been legally resident in the island of Ireland for a total of three years during the four years preceding that person's birth.

It is open to the parent, guardian or person who is in loco parentis to the child to lodge an application for naturalisation on behalf of the child if and when the conditions for naturalisation are satisfied, including a requirement to have a total of 5 years residence in the State. This ensures that there is a pathway to obtaining Irish citizenship through the naturalisation process for those children.

Departmental Expenditure

Ceisteanna (1093)

Matt Shanahan

Ceist:

1093. Deputy Matt Shanahan asked the Minister for Justice if she will provide all disbursements of capital spending above €20 million on completed projects for each year since 2016 by name of project, Department or body responsible for delivering project, county, NUTS3 region, type of investment, construction commencement, completion year and actual cost in tabular form. [34186/20]

Freagraí scríofa

Minister for Justice

I have requested the information sought by the Deputy and will revert directly as soon as it is to hand.

The following deferred reply was received under Standing Order 51

I refer to Parliamentary Question 34186/20 for answer on 2 November 2020 in which you requested all disbursements of capital spending above €20 million on completed projects for each year since 2016 by name of project, department or body responsible for delivering project, county, NUTS3 region, type of investment, construction commencement, completion year and actual cost in tabular form. As you will recall, the information you requested could not be obtained in the time available and I undertook to contact you again.

In response to the Deputy’s question details of all disbursements of capital spending above €20 million on completed projects for each year since 2016 by name of project, department or body responsible for delivering project, county, NUTS3 region, type of investment, construction commencement, completion year and actual cost in the table below. The costs are vat inclusive except where stated.

Name of Project	Dept or Body	County(s)	NUTS3 Region	Type of Investment	Construction Commencement	Completion Year	Actual Cost
Courts PPP Bundle	Courts Service	Cork, Limerick, Waterford, Wexford, Donegal, Westmeath & Louth	South West, Mid West, South East (x2), Midlands, Border & Mid East	Public Private Partnership	December 2015	July 2018	€158.8m (exc. VAT)
Cork Prison	Prison Service	Cork	South West	Exchequer Voted Capital	March 2014	February 2016	€46.085m
Galway Regional/Divisional Headquarters	An Garda Síochána	Galway	West	Exchequer Voted Capital	October 2015	July 2018	€30.9m*
Kevin Street Regional/Divisional Headquarters	An Garda Síochána	Dublin	Dublin	Exchequer Voted Capital	February 2015	April 2018	€35.67m*
Wexford Regional/Divisional Headquarters	An Garda Síochána	Wexford	South East	Exchequer Voted Capital	June 2015	September 2017	€26.6m*

*As of 31 October 2020

Covid-19 Pandemic

Ceisteanna (1094)

Noel Grealish

Ceist:

1094. Deputy Noel Grealish asked the Minister for Health the Government’s plan or strategy to facilitate the return of office workers to city centres for the next 12 months. [32204/20]

Freagraí scríofa

Minister for Health

Resilience and Recovery 2020-2021: Plan for Living with COVID-19which was published by the Government, sets out Ireland's approach to managing and living with COVID-19 in a range of areas over the next 6 - 9 months.

This Plan outlines our medium-term strategy for COVID-19 and sets out a Framework of 5 Levels which outline the broad measures which will apply depending on the level of the virus at any given time. The Plan is designed to help everyone – individuals, families, organisations and sectors – to better understand, anticipate and prepare for the measures that might be introduced to contain transmission of Covid-19.

As you will be aware Ireland is now at level 5 of the Plan. At level 5 you should work from home unless you are providing an essential service for which your physical presence is required. The Return to Work Protocol https://www.gov.ie/en/publication/22829a-return-to-work-safely-protocol/ published earlier this year, advises that office work should continue to be carried out at home wherever practicable. You may also wish to note that it is for the employer to decide, in the first instance, whether remote working arrangements are practicable in meeting the business’s needs and to decide on what work can be done from home, while at all times taking account of the latest Public Health advice.

If you are providing an essential service, the Return to Work Protocol sets out in very clear terms for employers and employees, in all business sectors, the steps that they must take on an ongoing basis to mitigate against the transmission of COVID-19 in the workplace. The Protocol advises that employers must provide for physical distancing across all work activities and this may be achieved in a number of ways including conducting meetings as much as possible using online remote means. Where face to face meetings are absolutely necessary, the length of the meeting and the numbers attending should be kept to a minimum and participants must maintain physical distancing at all times.

Further information on the public health measures currently in place, including information in relation to Work under the different Levels, is available at https://www.gov.ie/en/campaigns/resilience-recovery-2020-2021-plan-for-living-with-covid-19.

Departmental Correspondence

Ceisteanna (1095)

Fergus O'Dowd

Ceist:

1095. Deputy Fergus O'Dowd asked the Minister for Health if he will respond to correspondence (details supplied) from a local hair salon owner. [32246/20]

Freagraí scríofa

Minister for Health

I can advise the Deputy that the correspondence referred to by the Deputy was answered by my Department on 23rd October, 2020.

Disability Support Services

Ceisteanna (1096)

Seán Crowe

Ceist:

1096. Deputy Seán Crowe asked the Minister for Health if he will address the case of a person (details supplied) in Dublin 24; if he will address the current situation for children with profound needs in the catchment area; when supports and services will resume; the number of children that are currently awaiting such supports in all CHO areas in tabular form; the estimated time it will take to address the backlog; and the new measures he proposes to introduce to address the issue. [32313/20]

Freagraí scríofa

Minister of State at the Department of Health

The Programme for Government, Our Shared Future, recognises the need to improve services for both children and adults with disabilities through better implementation and by working together across Government in a better way.

The Government commits to prioritising early diagnosis and access to services for children and ensuring that the most effective interventions are provided for each child, to guarantee the best outcomes.

As this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.

Covid-19 Pandemic

Ceisteanna (1097)

Bríd Smith

Ceist:

1097. Deputy Bríd Smith asked the Minister for Health if he will provide the definition of a close contact for the purposes of Covid-19 tracing in primary and secondary schools; if this definition used by the HSE is in line with WHO and ECDC guidelines; and if he will make a statement on the matter. [32325/20]

Freagraí scríofa

Minister for Health

The Health Protection Surveillance Centre has published Guidance for Educational Settings relating to the management of Covid-19 in school settings.

This guidance, which includes protocols relating to the management of close contacts, is available at https://www.hpsc.ie/a-z/respiratory/coronavirus/novelcoronavirus/guidance/educationguidance/.

This guidance defines a close contact as any individual who has had greater than 15 minutes face-to-face (less than 2 meters distance) contact with a case, in any setting.

This definition has been developed with reference to European Centre for Disease Prevention and Control (ECDC) and World Health Organization (WHO) recommendations. The actual identification of close contacts within schools follows a Public Health Risk Assessment.

The Deputy may wish to note that schools must have a Covid-19 Response Plan and a Covid policy in place. Up-to-date Government advice and resources for schools, parents and students in the context of COVID-19, including advice on Covid-19 planning is published at https://www.gov.ie/backtoschool.

Covid-19 Pandemic

Ceisteanna (1098)

Catherine Connolly

Ceist:

1098. Deputy Catherine Connolly asked the Minister for Health if consideration has been given to using field interviewers for contact tracing in the battle against Covid-19 given their unique training and interview skills. [32347/20]

Freagraí scríofa

Minister for Health

As this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.