Michael Healy-Rae
Ceist:707. Deputy Michael Healy-Rae asked the Minister for Justice the status of work permits for persons (details supplied); and if she will make a statement on the matter. [12737/21]
Amharc ar fhreagraWork Permits
Ceisteanna (707)
Freagraí scríofa
Access to the labour market for international protection applicants is provided for under the European Communities (Reception Conditions) Regulations (S.I. No. 230 of 2018). These Regulations give effect to Directive 2013/33/EU of 26 June 2013, laying down standards for the reception of applicants for international protection (recast), and came into operation on 30 June 2018. The Regulations provided access to the labour market for an applicant who has not received a first instance decision within 9 months of making an international protection application.
The European Communities (Reception Conditions) (Amendment) Regulations 2021 (S.I. No. 52 of 2021) amended the labour market access permission provisions of the European Communities (Reception Conditions) Regulations 2018, to reduce the timeframe for labour market access from 9 to 6 months and to extend the validity of a labour market permission from 6 to 12 months. These Regulations make statutory provision for the new labour market access measures that I announced in January 2021.
It is the responsibility of the international protection applicant themselves to apply for a labour market access permission. An application cannot be made on their behalf by a prospective employer. However, a prospective employer may assist the applicant, particularly where language difficulties may arise. Employers’ responsibilities are laid out in Regulation 14 of the European Communities (Reception Conditions) Regulations 2018. These include an obligation to keep certain records and to inform the Labour Market Access Unit (LMAU) of my Department when a permission holder is employed or ceases to be employed. This is done in cooperation with the permission holder using the LMA5 form.
Due to Covid-19 restrictions, the LMAU currently have limited access to the office and postal applications are unfortunately severely delayed. For this reason, all applicants are advised to email their application to LMAUapplications@justice.ie.
To renew a permission, the applicant should submit the LMA4 form, a copy of their in date Temporary Residence Certificate (TRC) and, if employed, an LMA5 form to LMAUapplications@justice.ie These forms should be submitted one month before the applicant’s permission expires to allow time for processing. The LMAU are currently processing emailed applications received approximately two weeks ago.
Queries in relation to the status of individual immigration cases may also be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
Court Sittings
Ceisteanna (708)
Eoghan Murphy
Ceist:708. Deputy Eoghan Murphy asked the Minister for Justice the impact the pandemic has had on court proceedings; and the level of backlog this is likely to cause for the future. [12743/21]
Amharc ar fhreagraFreagraí scríofa
The Government is committed to ensuring adequate resources for the courts in order to maintain access to justice for all citizens. This commitment was reinforced recently with the highest ever budgetary allocation for the Justice sector including €158.8 million for the Courts Service. This included €8 million for the new Courts Modernisation Programme along with an additional provision of €5.7m for COVID measures to enable court sittings take place in a socially distanced and safe environment. A significant priority for my Department and the Courts Service in the years ahead will be to significantly invest in digital technology, to transform the experience of practitioners and of court users.
I am pleased to say the Courts have continued to sit on priority matters in the areas of family law, criminal matters (especially cases involving people in custody), bail and urgent injunctions. Prior to the latest imposition of Level 5 restrictions, additional capacity was added to the courts infrastructure to facilitate the holding of numbers of courts close to pre-Covid levels. While every effort has been made to facilitate as much court business as possible unfortunately significant backlogs have been accrued in regard to certain case categories. The Government endeavours to ensure our courts continue to operate as effectively and efficiently as possible. My Department is in constant contact with the Courts Service and has maintained a schedule of regular interactions with the Courts Service throughout the pandemic to support the Service in addressing the issues that have arisen during this crisis, including where backlogs have arisen.
As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions However, the Courts Service has advised that they continue to work with the Judiciary to prioritise business and the holding of courts to address areas of concern.
The Judiciary and the Courts Service have worked closely to adapt to changed circumstances and innovated through the use of technology to maintain the highest level of activity possible. This has seen the first remote courts being conducted over video technology as well as an expansion of the use of videolink technology particularly with the Prison Service. This investment and commitment to continuing to serve has enabled the Supreme Court and the Court of Appeal to continue with its throughput of cases and supported the other jurisdictions keep many lists up to date. In other jurisdictions, such as the High Court, the increased use of remote technology has led to an increase in cases heard. Investments continues to be made in these areas to further improve services and the Courts Service is currently rolling out videolink facilities to 43 additional courtrooms across the country and is looking to enhance the infrastructure used in virtual courts. Further investment is being made in hiring Croke Park to expand courtroom capacity in Dublin and using external venues in order that juries can be empanelled safely for Criminal trials. These measures are temporarily suspended during the current heightened restrictions but will be recommenced once it is safe to do so. Criminal trials can now take place in an increasing number of trial venues throughout Ireland. Public health guidelines on social distancing initially limited the number of county town courthouses that could hold jury trials but through adaption of courtrooms and the use of technology the number of trial venues has increased from 8 to 16. Criminal trials can now be hosted in the following venues outside Dublin: Carrick On Shannon, Castlebar, Cork, Drogheda, Ennis, Galway, Kilkenny, Letterkenny, Limerick, Monaghan, Mullingar, Sligo, Trim, Tullamore, Waterford and Wexford. The Courts have demonstrated an ability to resume a high level of activity immediately once society begins to reopen. Through staggering of court lists, positive callovers of cases on hand and the introduction of new people management procedures, Courts began to operate at near full capacity in the summer and autumn of last year and good progress had been made in dealing with arrears that built up during latest period of restrictions. The Courts Service expect similar results will be possible once current restrictions ease and continue to work closely with the Judiciary to identify areas of work that require particular attention. Work is on-going to manage day to day issues and to plan for reopening, including regular engagement with key stakeholders such as An Garda Síochána in relation to summonses and with the legal profession.
Deportation Orders
Ceisteanna (709)
Brendan Howlin
Ceist:709. Deputy Brendan Howlin asked the Minister for Justice the number of persons awaiting deportation on foot of a deportation order; if her attention has been drawn to the fact that such persons have been required to give up work and are residing here in limbo; if she will reconsider the status of such persons due to the Covid-19 crisis; and if she will make a statement on the matter. [12841/21]
Amharc ar fhreagraFreagraí scríofa
In line with the clear commitments both I and the Taoiseach have given, no Deportation Orders are being enforced during the pandemic, except in circumstances where there are national security or serious public policy concerns. My Department has consistently adopted a pragmatic approach in this area in the context of Covid-19.
When a Deportation Order is made and served, the person concerned is legally obliged to remove themselves from the State and to remain outside of the State. Many people comply with this but may not notify the immigration authorities that they have done so. Accordingly, it is not always possible for the Immigration Service or the Garda National Immigration Bureau (GNIB) to know whether or not a Deportation Order has been complied with. It is only when a person served with such an Order fails to remove themselves from the State that the issue of enforcement of the Order by the GNIB arises.
A detailed consideration of all aspects of a person's case will have been carried out before a decision is made to grant them permission to remain in the State or to make a Deportation Order. This includes a full consideration of their private and family rights in accordance with the European Convention on Human Rights as well as consideration of their work situation, among other issues.
If a Deportation Order is subsequently made, Section 3 (11) of the Immigration Act 1999 (as amended) allows an Order to be amended or revoked by making a request to me as Minister for Justice. In making a revocation request a person can raise new or changed circumstances in their case including in relation to their country of origin. I encourage people to be as detailed as possible in their representations to me and my Department so that fully informed decisions can be made at the appropriate time.
Insurance Industry
Ceisteanna (710)
Danny Healy-Rae
Ceist:710. Deputy Danny Healy-Rae asked the Minister for Justice if she will address a matter (details supplied) regarding insurance reform; and if she will make a statement on the matter. [12868/21]
Amharc ar fhreagraFreagraí scríofa
Insurance reform is a key priority for this Government. That is reflected in the Programme for Government itself, in the Government’s Action Plan for Insurance Reform, which was launched last December, and in the Justice Plan 2021, which I published recently.
The Government’s Action Plan for Insurance Reform sets out 66 actions designed to bring down costs for consumers and business; introduce more competition into the market; prevent fraud and reduce the burden on business, community and voluntary organisations. The Action Plan includes actions to be taken by my Department, the Department of Finance and the Department of Enterprise, Trade and Employment. The implementation of the Action Plan is being overseen by the Sub-Group on Insurance Reform within the Cabinet Committee on Economic Recovery and Investment.
With regard to personal injuries guidelines, the Deputy will be aware that the Judicial Council Act 2019 provides, inter alia, for the establishment of a Personal Injuries Guidelines Committee. Last October, the Government amended the Judicial Council Act 2019, to ensure that the personal injuries guidelines would be adopted and published by, at the latest, 31 July 2021, three months earlier than originally required under the Act.
Draft Guidelines were furnished to the Board of the Judicial Council last December and, following consideration, were adopted by the Judicial Council on 6 March 2021 and published.
Yesterday, I secured Cabinet approval to amend the Judicial Council Act 2019 and the Personal Injuries Assessment Board Act 2003 to bring the new Personal Injuries Guidelines into effect. Bringing the new Personal Injuries Guidelines into operation is a key action in my Justice Plan 2021, and I intend that the Guidelines will take effect in April.
In addition to the adoption and publication of the personal injury guidelines, my Department is developing proposals in relation to:
- the Occupiers' Liability Act 1995,
- the discount rate applied to awards in cases of catastrophic injury, and
- the Law Reform Commission Report on the Capping Damages in Personal Injury Actions.
Prison Inspections
Ceisteanna (711)
Pa Daly
Ceist:711. Deputy Pa Daly asked the Minister for Justice her views in relation to the Inspector of Prisons commencing a Covid-19 thematic inspection of all Irish prisons; and if she will make a statement on the matter. [12875/21]
Amharc ar fhreagraFreagraí scríofa
As the Deputy may be aware, the Office of the Inspector of Prisons is a statutory body, independent in how it carries out its work, set up under the Prisons Act 2007. The Inspector's key role is to carry out regular inspections of prisons. The Office is required to inspect the twelve prisons in Ireland to examine the treatment and conditions for prisoners and for staff. The Inspector may also investigate any matter arising out of the management or operation of a prison and submit a report on any such investigation.
In late 2020, the Office began the process of preparing an inspection schedule in line with the 2020 Framework for the Inspection of Irish Prisons and the 2020-2023 Strategic Plan. Inspections for 2021 were to include three general inspections and one thematic inspection, with four inspection reports to be submitted to me by the conclusion of 2021.
However, as you will appreciate, as of late January 2021, in response to the COVID-19 pandemic and its current state of transmission in and beyond prisons, the Office has determined it should suspend its 2021 general inspection programme until such point that a full inspection team can enter the prison safely.
The Inspector is cognisant of the need to provide oversight of prisons and to inform me of the situation for prisoners and staff working in prisons during the pandemic. In response to this need, the Inspector embarked on a COVID-19 focused inspection schedule designed to assess COVID-19 thematic issues in line with human rights standards and the Framework Focus Areas (Safety & Security, Respect & Dignity, Health & Wellbeing, Rehabilitation & Development and Resettlement). The first COVID-19 Thematic Inspection visit has recently taken place in Mountjoy Prison from 1 to 4 March 2021.
In addition, I am informed that COVID-19 Thematic Inspections will be complemented by ongoing COVID-19 telephone communications with each of the prisons in Ireland. I am advised that the Inspectorate will carry out telephone calls to prisons at least every two weeks to take account of the status of the aforementioned Framework Focus Areas. The Inspectorate will also distribute an online survey for prison staff across the prison estate. The objective of the survey will be to gain an understanding of how prison staff are handling challenges associated with COVID-19. These inspection activities will be supplemented by statistical data requested from the Irish Prison Service.
The Irish Prison Service welcome such oversight and inspection, and in particular the focus of the thematic inspection on Covid-19 which has hugely impacted the services provided over the last year. While the Prison Service has been relatively successful in mitigating against the risks associated with the pandemic and have managed containing infection and outbreak controls, the Prison Service also look forward to the learnings that will be derived from the Inspector's findings and recommendations.
Departmental Internships
Ceisteanna (712)
Louise O'Reilly
Ceist:712. Deputy Louise O'Reilly asked the Minister for Justice the number of students who undertook work experience or internships with State and semi-State agencies under her aegis in 2019; the cost in terms of wages and allowances; and the estimated numerical capacity of State and semi-State agencies to provide work experience and internships on an annual basis. [12959/21]
Amharc ar fhreagraFreagraí scríofa
It has not been possible to collate the information requested by the Deputy within the time allowed. I will write to the Deputy to provide this information as soon as it is available.
The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 712 to my Department, which was for answer on 10 March 2021, and in which you requested the number of students who undertook work experience or internships with State and semi-State agencies under her aegis in 2019; the cost in terms of wages and allowances; and the estimated numerical capacity of State and semi-State agencies to provide work experience and internships on an annual basis.
As you will recall, the information you requested could not be obtained in the time available and I undertook to contact you again. Please find a response to this question provided below for your consideration and my sincere apologies for how long it has taken to gather this material.
I wish to advise the Deputy there were nine paid interns in the Department of Justice at various times during 2019, and three unpaid interns. The paid interns came via the ‘Willing and Able’ Mentoring programme and through a legal Internship programme arranged with third level institutions. The cost in the 2019 calendar year of the paid internships was €108,560. Two of the unpaid internships were for one month in duration, requested via third level institutions and one six- week long internship was funded by a third level institution.
International Protection Appeals Tribunal (IPAT)
The Tribunal had six unpaid interns and no paid interns in 2019. All arrangements for internships are conducted through HR in the Department of Justice. These internships were short in duration (approximately one month) and were facilitated through direct contact between third level students, seeking experience, and IPAT, which is a valued participant in the ‘Willing and Able’ Mentoring programme.
Probation Service
During 2019 the Probation Service facilitated 17 student placements and one internship.
In part fulfilment of the requirements leading to the professional qualification in social work known as the National Qualification in Social Work (NQSW), students are required to complete placements where they are assessed against the CORU domains. These domains are set out by the regulatory authority, CORU, which is responsible for the registration of qualified social workers and ensuring professional practice. Students undertaking an undergraduate four-year degree programme complete three placements over the four years, and post graduate students complete two fourteen-week placements over two years, leading to a Master’s degree in Social Work.
All social work students are required to successfully pass placements in order to qualify. Social work students typically have one statutory placement and one non-statutory placement. The Probation Service provides statutory placements for those studying on professional social work courses in universities.
Courts Service
The Information Office of the Courts Service coordinates a schools work experience programme which accepts transition-year pupils on an unpaid one-week placement, per school year. 59 work experience students were placed in 2019. Internships are coordinated through Human Resources and there was one intern in 2019.
Legal Aid Board
The Board had 24 students on work experience in 2019. There were 5 trainee solicitors throughout 2019, the total cost in wages was € 32,711.25.
Private Security Authority (PSA)
The PSA had one transition year student on work experience in 2019. This was for approximately 2 weeks. There was no cost to the PSA.
Irish Prison Service
The Irish Prison Service (IPS) takes students on a 2-day per week placement, from the Masters in Applied Psychology - Mental Health at UCC, from January to June each year. These placements are a core part of the students’ Masters Programme.
There is no cost to the IPS. In 2019 the IPS had three students on placement across the Psychology Service.
In addition to the Masters in Applied Psychology-Mental Health students, the IPS had two PhD students, details as follows:
- One PhD student (with UL) started in September 2019. The cost to the IPS was €2,771.86 (pro rata, last quarter). Travel and Subsistence to year end was €105.18.
- One PhD student (with UCD) started in 2017. In 2019 the cost to the IPS was approximately €24,500.
Office of the State Pathologist (OSP)
The OSP had no work experience or internships in 2019. The OSP facilitates medical and science students on elective attachment as part of their medical training. These attachments and their numbers are limited.
Passport Controls
Ceisteanna (713, 714, 715, 716)
Holly Cairns
Ceist:713. Deputy Holly Cairns asked the Minister for Justice further to Parliamentary Question No. 632 of 17 February 2021, the scientific and medical evidence on which the new visa requirements on passport holders from a number of countries was based; and if she will make a statement on the matter. [13006/21]
Amharc ar fhreagraHolly Cairns
Ceist:714. Deputy Holly Cairns asked the Minister for Justice further to Parliamentary Question No. 632 of 17 February 2021, the changes to the visa requirements for passport holders of other jurisdictions made since 17 February 2021; and if she will make a statement on the matter. [13007/21]
Amharc ar fhreagraHolly Cairns
Ceist:715. Deputy Holly Cairns asked the Minister for Justice further to Parliamentary Question No. 632 of 17 February 2021, the status of the review of new visa requirements on passport holders from a number of countries; and if she will make a statement on the matter. [13008/21]
Amharc ar fhreagraHolly Cairns
Ceist:716. Deputy Holly Cairns asked the Minister for Justice further to Parliamentary Question No. 632 of 17 February 2021, if measurements such as the cumulative 14-day incidence rates of confirmed cases of Covid-19 per 100,000 population in a country and or the R number are used in deciding on the imposition of new visa requirements on passport holders from a number of countries; and if she will make a statement on the matter. [13009/21]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 713 to 716, inclusive, together.
The visa measures referred to by the Deputy are designed to support our current public health restrictions on movement, including into and out of Ireland.
The travel restrictions and the measures introduced as part of the Government’s efforts to interrupt the transmission of COVID-19, mean that travel may not be possible and, even if possible, is not advisable unless absolutely essential. It is currently against the law for any person (regardless of nationality or passport) to travel within Ireland for non-essential purposes and people can be fined for doing so.
The strong advice is that everyone, regardless of their nationality or visa/preclearance status, or where they started their travel from, who cannot provide proof of an essential purpose to travel to or within Ireland, should not travel to Ireland.
The framework for restrictive measures is set out in the Government’s Resilience and Recovery: Plan for Living with COVID 19. When making such decisions, the Government considers the expert public health advices of NPHET to tackle the disease.
I have reviewed the interim visa measures introduced on South American countries and South Africa and have decided to use my powers, under Section 17 of the Immigration Act 2004, to maintain these visa requirements after 5 March and until no longer needed for public health reasons. I have not introduced any further visa requirements since 17 February 2021. Further visa requirements may be introduced to other non-EEA countries in the future, where they are deemed necessary and appropriate, to support public health measures approved by the Government.
Garda Stations
Ceisteanna (717)
Mattie McGrath
Ceist:717. Deputy Mattie McGrath asked the Minister for Justice the progress made on the new Clonmel Garda station at Kickham Barracks; when the contract will be awarded; and the commencement date for same. [13038/21]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware, the Garda Commissioner is, by law, responsible for the management and administration of An Garda Síochána and for the effective and efficient deployment of Garda resources, including the provision of Garda stations. Furthermore, the Office of Public Works (OPW) has responsibility for the provision and maintenance of Garda accommodation and works in relation to Garda accommodation are progressed by the Garda authorities working in close cooperation with the OPW.
I am assured by the Commissioner that Garda management keeps the distribution of resources, including the provision of new stations, under continual review in the context of policing priorities and crime trends, to ensure their optimum use.
Following a review of An Garda Síochána's accommodation requirements, the Commissioner and his management team decided that a Public Private Partnership (PPP) should proceed to deliver new stations in Macroom and in Clonmel. I am advised by the Garda authorities that the new station in Clonmel is currently in the planning application process and is being managed by the OPW on behalf of An Garda Síochána.
I am further advised by the Garda authorities that the PPP process is being managed by the National Development Finance Agency (NDFA), and that these two stations are priorities for the Commissioner.
I can further inform the Deputy that An Garda Síochána has been allocated an unprecedented budget of €1.952 billion for 2021. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff. Furthermore, €34 million has been allocated for the Capital Building and Refurbishment Programme.
Prison Visiting Regulations
Ceisteanna (718)
Mark Ward
Ceist:718. Deputy Mark Ward asked the Minister for Justice the provisions in place for prisoners to receive family visits when restrictions are eased. [13132/21]
Amharc ar fhreagraFreagraí scríofa
I wish to advise the Deputy that under the Irish Prison Service Framework for Restrictive Measures for Living with Covid-19, which was developed in line with the National Framework published by the Government in September last year, all physical visits to prisons are suspended under Level 4 and Level 5.
The Irish Prison Service is fully committed to facilitating the return of physical visits once the national restrictions have been reduced to level 3 and below and based on advice at the time from the National Public Health Emergency Team (NPHET) and the Health Service Executive.
A new plan for the return of physical visits will be developed by the Irish Prison Service as part of the unwinding of Covid-19 restrictions as advised by the Government and this will include the continuation of certain infection control measures to continue to prevent the possible spread of the virus in our prisons. The measures and arrangement for physical visits will be informed by Public Health advice and will take account of a number of factors including visiting capacity, the need for continued social distancing and external factors such as the level of infection in the community at that time.
It is likely that all visitors will continue to be subject to the Covid-19 screening procedures which have been in place since March 2020 and visitors will requested not to attend if they have any symptoms, have been in contact with a person who has gone for testing, if they themselves have tested positive for Covid-19 and have yet to be cleared by their doctor, or if they have been abroad in the preceding fortnight.
Details on the procedures and arrangements will be announced by the Irish Prison Service, in advance of the return of visits.
In the interim, the Irish Prison Service is acutely aware of the need for prisoners to maintain contact with their families and a new video visit system was introduced which has allowed families to continue to support those in custody.
I am advised by the Irish Prison Service that when physical visits recommence, they will also retain the option of video calls for prisoners.
Work Permits
Ceisteanna (719)
Éamon Ó Cuív
Ceist:719. Deputy Éamon Ó Cuív asked the Minister for Justice if she has plans to decrease the processing times in respect of atypical work permits especially for persons classed as essential workers; if her attention has been drawn to the fact that the delay in processing of such permits is having a negative impact on industries such as the fishing industry as essential workers are being lost to other jurisdictions due to more favourable processing times of employment permits in those jurisdictions; and if she will make a statement on the matter. [13166/21]
Amharc ar fhreagraFreagraí scríofa
I can inform the Deputy that there are currently no delays in the processing of applications for permission under the Atypical Working Scheme (AWS).
The Scheme supports a vast array of industries who have a requirement for specialised or highly-skilled individuals. In addition, the AWS Unit of the Immigration Service of my Department processes a considerable number of applications for permission made by or on behalf of frontline medical personnel who are urgently required to assist in the national response to the ongoing COVID-19 pandemic.
To date this year, over 1,000 decisions have issued on applications for permission under the Scheme. The vast majority (over 80%) of these applications have been made by or on behalf of doctors and nurses. In line with agreements with the Health Services Executive, the Department of Health and other key stakeholders in the provision of these essential services in the State, processing of applications in the healthcare sector is occurring within 5 working days of receipt of all in-order application documents. While other AWS stakeholders are advised that the prioritisation of such applications may result in delays experienced by non-medical applicants, in practice no such delays exist at present.
Approximately 50 applications have been received to date this year for permission to work in the Irish fishing fleet, and decisions have issued in respect of the vast majority of these applications. The average processing time for properly completed applications for this sector to date in 2021, is less than 7 working days. The stated minimum processing time under the published terms of the Scheme is 21 working days.
Citizenship Status
Ceisteanna (720)
Colm Burke
Ceist:720. Deputy Colm Burke asked the Minister for Justice if an application for Irish citizenship by a person (details supplied) will be progressed to decision stage; and if she will make a statement on the matter. [13178/21]
Amharc ar fhreagraFreagraí scríofa
An application for a certificate of naturalisation was received from the person referred to by the Deputy on 24 October 2018. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. If any further documentation is required, it will be requested from the person in due course.
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. However, 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 my Department by e-mail using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
Visa Applications
Ceisteanna (721)
Bernard Durkan
Ceist:721. Deputy Bernard J. Durkan asked the Minister for Justice the current valid time period for a visa awarded to a person (details supplied); if an extension is required in this case; if so, if an extension will be facilitated; and if she will make a statement on the matter. [13358/21]
Amharc ar fhreagraFreagraí scríofa
The visa sticker issued for the application referred to by the Deputy has a validity period from 21 October 2020 to 21 April 2021. In the normal course of events, the person concerned could travel to Ireland between the dates of validity, including the first and last dates on the visa, and travel outside of these dates would not be permitted.
The travel restrictions and the measures introduced as part of the Government’s efforts to interrupt the transmission of COVID-19 means that travel may not be possible at this time and even if possible is not advisable unless absolutely essential. The strong advice is that everyone, regardless of their nationality or visa/preclearance status, or where they started their travel from, who cannot provide proof of an essential purpose to travel to or within Ireland, should not travel to Ireland.
It is open to the Visa Office to consider, on a case by case basis, issuing a new visa without the need to make another visa application. If they cannot travel before the expiry of their current visa, the person concerned should send their passport to the Visa Office, Embassy or Honorary Consulate to which they would be submitting a new application. They should also include:
- A cover letter explaining why the visa was not used;
- A letter from their employer stating employment is still available to them;
- Any other information which they would like the Visa Officer to take into account when deciding if a new visa will be issued without making a new application.
If the original Employment Permit (or Atypical Working Authorisation) has expired or is expiring soon then they will also need to submit a new Employment Permit or Working Holiday Authorisation.
Visa Applications
Ceisteanna (722)
Bernard Durkan
Ceist:722. Deputy Bernard J. Durkan asked the Minister for Justice the current valid time period for a visa awarded to a person (details supplied); if an extension is required in this case; if an extension will be facilitated; and if she will make a statement on the matter. [13359/21]
Amharc ar fhreagraFreagraí scríofa
The visa sticker issued for the application referred to by the Deputy has a validity period from 21 October 2020 to 21 April 2021. In the normal course of events, the person concerned could travel to Ireland between the dates of validity, including the first and last dates on the visa, and travel outside of these dates would not be permitted.
The travel restrictions and the measures introduced as part of the Government’s efforts to interrupt the transmission of COVID-19 means that travel may not be possible at this time and even if possible is not advisable unless absolutely essential. The strong advice is that everyone, regardless of their nationality or visa/preclearance status, or where they started their travel from, who cannot provide proof of an essential purpose to travel to or within Ireland, should not travel to Ireland.
It is open to the Visa Office to consider, on a case by case basis, issuing a new visa without the need to make another visa application. If they cannot travel before the expiry of their current visa, the person concerned should send their passport to the Visa Office, Embassy or Honorary Consulate to which they would be submitting a new application. They should also include:
- A cover letter explaining why the visa was not used;
- A letter from their employer stating employment is still available to them;
- Any other information which they would like the Visa Officer to take into account when deciding if a new visa will be issued without making a new application.
If the original Employment Permit (or Atypical Working Authorisation) has expired or is expiring soon then they will also need to submit a new Employment Permit or Working Holiday Authorisation.
Prison Service Staff
Ceisteanna (723)
John Lahart
Ceist:723. Deputy John Lahart asked the Minister for Justice the reason for the delay in processing security checks for applications to the Irish Prison Service; when a person (details supplied) will be informed if they have passed their checks; and if she will make a statement on the matter. [13390/21]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will understand, prior to making an appointment to the position of recruit prison officer, the Irish Prison Service is obliged to make such inquires as are deemed necessary to determine the suitability of candidates.
Until all stages of the recruitment process have been fully completed, a final determination as to the success of any candidate cannot be made, nor can it be deemed or inferred that such a determination has been made.
Given the level of responsibility in prison officer positions, it is necessary for checks to be carried out by An Garda Síochána on persons considered for this employment.
These checks can take time to complete for a variety of reasons, some of which may be outside of the control of the Garda Authorities, depending on the circumstances of the individual case.
However, I am assured that every effort is made to expedite this process to the greatest extent possible.
International Protection
Ceisteanna (724, 728, 730)
Michael Creed
Ceist:724. Deputy Michael Creed asked the Minister for Justice the number of persons seeking international protection in each of the past ten years by country of origin for this period. [13395/21]
Amharc ar fhreagraMichael Creed
Ceist:728. Deputy Michael Creed asked the Minister for Justice the breakdown of the circumstances in relation to applicants for international protection over the past ten years with regard to unaccompanied minors, single adults, couples and couples with extended families; and if she will make a statement on the matter. [13406/21]
Amharc ar fhreagraMichael Creed
Ceist:730. Deputy Michael Creed asked the Minister for Justice the breakdown of applicants for international protection over the past ten years by the number of unaccompanied minors, single adults, couples and couples with children; and if she will make a statement on the matter. [13422/21]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 724, 728 and 730 together.
The information requested by the Deputy is provided in the tables attached to this response.
Statistics in respect of single adults, couples and couples with extended families are not readily available. However, to be of assistance to the Deputy we have provided the number of applicants who, at time of application, were over 18 years of age, under 18 years of age or an unaccompanied minor for each of the years requested.
Where the number of decisions for individual countries is low (less than 6), a breakdown by country is not provided. This is for reasons of confidentiality, as provided for under Section 26 of the International Protection Act 2015.
International Protection
Ceisteanna (725)
Michael Creed
Ceist:725. Deputy Michael Creed asked the Minister for Justice the number of applications for international protection which were decided definitively in each of the past ten years; the number of applications which were declined international protection in each of the past ten years; and the country of origin of these applicants. [13397/21]
Amharc ar fhreagraFreagraí scríofa
The information requested by the Deputy is provided in the tables attached to this response. The figures relate to the year in which the decision was made, not the year in which the application was made.
Decisions on international protection are made by the Ministerial Decisions Unit (MDU) of my Department. MDU processes the recommendations received from the International Protection Office (IPO) and the decisions of the International Protection Appeals Tribunal (IPAT).
Where the number of decisions for individual countries is low (less than 6), a breakdown by country is not provided. This is for reasons of confidentiality, as provided for under Section 26 of the International Protection Act 2015.
International Protection
Ceisteanna (726)
Michael Creed
Ceist:726. Deputy Michael Creed asked the Minister for Justice if the State operates a system of safe countries in which applicants for international protection from such countries are deemed to be inadmissible due to the satisfaction of the State with the rule of law, human rights, the independence of the court system and the treatment of minorities in such jurisdictions; and if she will make a statement on the matter. [13401/21]
Amharc ar fhreagraFreagraí scríofa
There are two safe country concepts that can apply to applicants for international protection under EU law, namely Safe Country of Origin and Safe Third Country.
Under section 72 of the International Protection Act 2015, and the International Protection Act 2015 (Safe Countries of Origin) Order 2018 (Statutory Instrument no 121 of 2018), the following countries were designated as safe countries of origin with effect from 16 April 2018:
- Albania;
- Bosnia and Herzegovina;
- Georgia;
- Kosovo;
- Macedonia (Former Yugoslav Republic of);
- Montenegro;
- Serbia; and
- South Africa.
If an applicant for international protection in the State is from one of these countries, their application will still receive a full consideration on its merits in the International Protection Office (IPO). They are not deemed inadmissible merely by coming from one of these countries.
If the recommendation of an International Protection Officer is that the applicant should be given neither a refugee declaration nor a subsidiary protection declaration and includes the finding that they are from a safe country of origin, an appeal can be lodged in writing within 10 working days to the International Protection Appeals Tribunal (IPAT). Unless the IPAT considers it is not in the interests of justice to do so, it shall make its decision in relation to the appeal without holding an oral hearing.
Part 18 of the Brexit Omnibus Act 2020, which was commenced at 11:00 pm on 31 December 2020, amends the International Protection Act 2015, to enable the Minister for Justice to designate a country as a Safe Third Country, where certain conditions are met in that country including:
- life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion;
- the principle of non-refoulement is respected; and
- the possibility exists to request refugee status and if found to be a refugee to receive protection in accordance with the Geneva Convention.
Where a person arrives here from a country designated as a Safe Third Country and claims international protection their application can be determined as inadmissible and the person returned to the safe third county for their application for protection to be considered there. This is in line with the EU Procedures Directive (2005/85/EU).
Before an application can be determined as inadmissible, the third country must be considered safe for the person concerned including that they will not be subjected to the death penalty, torture, or other inhuman or degrading treatment or punishment and they have a sufficient connection with that country such that it would be reasonable for them to be returned there.
Following the United Kingdom’s exit from the EU and an examination of the necessary criteria, the International Protection Act 2015 (Safe Third Country) Order 2020, came into effect from 11:00 pm on 31 December 2020. The Order designates the UK as a safe third country for the purpose of the International Protection Act 2015, and enables the Minister for Justice to determine an application for international protection as inadmissible where the person has arrived in the State from the UK and where the relevant criteria are met.
International Protection
Ceisteanna (727)
Michael Creed
Ceist:727. Deputy Michael Creed asked the Minister for Justice the number of applicants for international protection whose applications were declined in each of the past ten years who were subsequently deported; and if she will make a statement on the matter. [13404/21]
Amharc ar fhreagraFreagraí scríofa
I can confirm that in line with the clear commitments that both I and the Taoiseach have given, the position remains that no further deportation orders are being enforced during the Covid-19 pandemic, except in circumstances where an individual may be a threat to national security, and whose presence in Ireland would be contrary to the public interest.
The table below outlines the number of effected Deportation Orders (DOs) by year as a result of refused asylum/international protection applications since 2011.
The number of effected DOs over any given period, is a combination of people deported or forcibly removed by the Garda National Immigration Bureau, as well as people who have left the State themselves on foot of a DO, in cases where this has come to the attention of the relevant authorities.
Refused applicants are notified of final decisions by the Ministerial Decisions Unit (MDU) of the International Protection Office (IPO). Annual figures of MDU refusals are also included in the table below.
|
Year |
MDU refusals |
DO’s effected on refused asylum cases |
|
2011 |
1,044 |
5 |
|
2012 |
505 |
18 |
|
2013 |
343 |
16 |
|
2014 |
1,402 |
5 |
|
2015 |
2,006 |
21 |
|
2016 |
1,861 |
77 |
|
2017 |
378 |
46 |
|
2018 |
543 |
69 |
|
2019 |
1,749 |
133 |
|
2020 |
957 |
53 |
|
Total |
10,788 |
443 |
These figures include cases where deportation orders were made under both section 3 of the Immigration Act 1999 (as amended) and section 51 of the International Protection Act 2015.
The figures include international protection applications refused under the provisions of the Refugee Act 1996, the Subsidiary Protection Regulations 2006 and 2013 and the International Protection Act 2015.
The figures for deportation orders effected in a particular year will inevitably include orders made in a previous year.
Question No. 728 answered with Question No. 724.
Coroners Service
Ceisteanna (729)
Martin Kenny
Ceist:729. Deputy Martin Kenny asked the Minister for Justice if her attention has been drawn to the backlog which exists in the Coroner’s Courts around the country due to Covid-19 and the way this is impacting on bereaved families who are awaiting death certificates and the consequences of such delays for probate and other matters; and the steps she will take to address the matter. [13408/21]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware, Coroners are independent in the conduct of their functions and neither I nor my Department have any role in the scheduling of inquests.
Most coroners hold inquests in local court houses, and as a result of Covid-19 restrictions, activity in these facilities has unfortunately been severely curtailed. The Coroners Society of Ireland agreed that all inquests in the State were not to be held in January given public health considerations under Level 5 restrictions.
My Department is aware that the delay in holding inquests is causing distress for families and officials from my Department are liaising with the Courts Service on this matter. The Courts Service works closely with coroners across the country to facilitate inquests and will do so once again when restrictions ease.
In response to the pandemic, I understand that some coroners are holding, what are referred to as ‘documentary inquests’ or remote inquests, which require very small numbers of attendees and take place with the agreement of families. Larger inquests, requiring multiple witnesses, are being rescheduled to a later date.
The revised Government plan in relation to Covid-19, published last week, refers to the need for each government department to develop sectoral plans to mitigate backlogs, and anticipate pent up demand or unmet needs arising from restrictions. This will build on the new ways of working that have already been brought into place, and will include consideration of the issues in relation to coroners, as appropriate. My Department continues to keep service delivery across the justice sector under review in the context of the pandemic.
My Department collates and publishes annual statistics on the activities of each coroner. The annual statistics on how many deaths were reported to coroners, how many Post-Mortem examinations were ordered by coroners, and how many inquests were held by coroners can be found under the "Publications" tab on www.coroners.ie. My Department is currently in the process of compiling the statistics in respect of 2020, and when complete, these will be published on the website.
Question No. 730 answered with Question No. 724.
Asylum Seekers
Ceisteanna (731)
Michael Creed
Ceist:731. Deputy Michael Creed asked the Minister for Justice if Ireland is a signatory to the Dublin Convention and compliant with the provisions of same (details supplied); the position regarding the operation of the directive here; and if she will make a statement on the matter. [13427/21]
Amharc ar fhreagraFreagraí scríofa
Ireland has opted-in to what is commonly referred to as the Dublin III Regulation (Regulation (EU) No. 604/2013). The Dublin Regulation sets out the criteria and mechanisms for determining the Member State responsible for examining an application for international protection made in one of the Member States.
The European Union (Dublin System) Regulations 2018 (SI No. 62 of 2018) came into effect on 6 March 2018. The Regulations give further effect to the Dublin III Regulation in Ireland. It is a matter for the European Commission to assess if a Member State is compliant with EU legislation.
The Dublin Unit of the International Protection Office (IPO) is responsible for determining whether applicants should be transferred to another Member State or have their application assessed in Ireland. The Unit also responds to requests from other Member States to transfer applicants to Ireland.