Written Answers Nos. 369-383
369. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed to obtain citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [25189/21]
Amharc ar fhreagraThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
The details supplied by the Deputy do not mention the place of residence, however, Section 15A of the 1956 Act provides that, where the application is based on being the spouse or civil partner of an Irish citizen the requirements include that the couple are married or civil partners to each other for a period of at least 3 years and are living together and, immediately before the date of application, have a period of one year's continuous residence in the island of Ireland and, during the preceding four years, have a further period amounting to 2 years (i.e. 3 years in total).
Section 15A(2) provides that the Minister may, in his absolute discretion waive some of the conditions in relation to an application from a spouse or civil partner of an Irish citizen if he is satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended.
Detailed information on Irish citizenship and naturalisation, along with the relevant application forms and guidance notes, is available at: https://www.irishimmigration.ie/citizenship/.
370. Deputy Emer Higgins asked the Minister for Justice if the citizenship applications of front-line health care workers living in direct provision will be expedited; and if she will make a statement on the matter. [25209/21]
Amharc ar fhreagraApplications for a certificate of naturalisation are processed and assessed individually in accordance with the Irish Nationality and Citizenship Act, 1956 as amended. There are no provisions to apply different criteria depending on the category of employment of the applicant.
All applicants for citizenship are required to meet minimum periods of reckonable residence in the state and their place of residence in the state is not a determining factor. Therefore an application, for a certificate of naturalisation, from a person whose reckonable residence is derived wholly or in part while resident in direct provision accommodation will not be impacted.
I recognise and acknowledge the crucial role frontline workers are continuing to play in responding to the threat of COVID-19. They work in a challenging environment and deal with vulnerable people on a daily basis. Their exceptional commitment has been particularly clear throughout the pandemic, during which they have been playing a key role in preventing the spread of the COVID-19 virus.
A significant backlog has built up regarding the granting of citizenships due to the inability to hold in person ceremonies during COVID-19. On 18 January 2021, a temporary system that enables applicants to complete their naturalisation process by signing a statutory declaration of loyalty was opened. Approximately 1,708 people have received their Irish citizenship since then including a significant number of healthcare and other frontline workers. A further 1,057 people have returned their signed statutory declarations and the Immigration Service will be sending them their certificates of naturalisation in the coming weeks.
It has also been decided to extend the statutory declaration process to a further 2,500 people by the end of June. At that point, we will have communicated with all those that were recorded, as at 30 December 2020, as having been in the system 24 months or more and 6,500 people, including a significant number of healthcare and other frontline workers, will have been given the opportunity to complete their Irish citizenship. Those receiving a communication from my Department are being invited to complete the final steps required prior to the granting of a certificate of naturalisation.
In-person citizenship ceremonies have been provisionally scheduled to resume in December 2021, subject to the safety of all involved being assured.
Plans for the digitalisation of the naturalisation process are well advanced, in line with the plan to significantly modernise the Justice Sector through increased digital and ICT investment. The end result of the digitisation process will be to free up additional resources to focus on enhanced customer service delivery, ensuring the integrity of the process is protected and processing applications in a timely and efficient manner.
371. Deputy Mick Barry asked the Minister for Justice the plans in place to reopen office facilities at Burgh Quay; the measures that will be put in place to allow persons in Dublin register their residency given its impact on the right of persons to work and to travel; and if she will make a statement on the matter. [25211/21]
Amharc ar fhreagraI am pleased to inform the Deputy that the Burgh Quay Registration Office reopened earlier this week on Monday, 10 May 2021.
Customers who had their appointments cancelled when the Office closed in December under Level 5 restrictions are being contacted directly by the Immigration Service of my Department to arrange a new appointment date.
All other first time registrations will be carried out by appointment only and the online appointments system opened to accept bookings from last Thursday, 6 May 2021, at: https://burghquayregistrationoffice.inis.gov.ie.
It is not possible to complete first time registrations online because customers need to have their photograph and fingerprints taken during the registration process. However, while waiting to register in the Dublin area, customers are covered by the extension of immigration permissions to 20 September 2021. This means that all those legally in the State in March 2020 when the pandemic began can remain in the State until 20 September 2021.
Registrations outside of the Dublin area are processed by the Garda National Immigration Bureau (GNIB) through the Garda Station network.
Further details can be found on the Immigration Service website www.inis.gov.ie along with a Frequently Asked Questions document.
372. Deputy Pádraig Mac Lochlainn asked the Minister for Justice the number of speeding fines issued across County Donegal in each of the years, 2016 to 2020 and to date in 2021; the locations of the alleged speeding offences; and the time of day that the alleged offences took place in each instance in tabular form. [25227/21]
Amharc ar fhreagraI have requested a report on the information requested by the Deputy from the Garda authorities, however this was not available in time. I will write to the Deputy once the information is to hand.
|
2016 |
2017 |
2018 |
2019 |
2020 |
2021* |
|
4315 |
3340 |
2887 |
3344 |
3743 |
986 |
|
Hour |
FCNs Isssued |
|
12am-4am |
895 |
|
4am-8am |
778 |
|
8am-12pm |
3118 |
|
12pm-4pm |
4942 |
|
4pm-8pm |
5129 |
|
8pm-12am |
3753 |
|
18615 |
373. Deputy Martin Browne asked the Minister for Justice if a list of the peace commissioners in each local electoral area in County Tipperary will be provided; and the number of peace commissioners appointed in each area in the past five years. [25244/21]
Amharc ar fhreagraAs the Deputy is aware, Peace Commissioners are appointed by the Minister for Justice under Section 88 of the Courts of Justice Act, 1924. Peace Commissioners are empowered to act in their county of assignment and within the counties adjoining that county.
While every effort is made to maintain accuracy, it should be noted that Peace Commissioner records are appointment based and they do not always reflect the actual situation on the ground because the Department is reliant on the Peace Commissioners and other interested parties to advise of changes in circumstances which may occur subsequent to an appointment.
Individuals requesting the services of a Peace Commissioner are advised to contact their local Gardaí to ensure that a particular listed individual is active and available. The details of appointed Peace Commissioners are also retained by the Peace Commissioner Unit in my Department and my officials are happy to assist individuals who require the services of a Peace Commissioner. They can be contacted at info@justice.ie or by telephone (01) 8592307.
It is not possible to provide the Deputy with the information sought by electoral area, as the information is recorded by the Department by Garda Sub District. The Deputy will note that as of 11 May 2021, there are 288 Peace Commissioners in County Tipperary and 23 appointed in the period from 2016 to 11 May 2021. A list of all Peace Commissioners, by Garda Sub District, in Co. Tipperary is attached.
The number of Peace Commissioners appointed in each Garda Sub District for the last 5 years is as follows:
374. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice if the processing of applications for student visa permissions for students who wish to commence third-level courses in Ireland in September-October 2021 has recommenced; if not, when the processing of such applications will recommence; if applications are currently being accepted; and if she will make a statement on the matter. [25284/21]
Amharc ar fhreagraAs part of Government efforts to tackle the pandemic, in January 2021, new visa requirements on passport holders from a number of South American countries and South Africa were introduced and the Immigration Service of my Department also took the decision to temporarily cease accepting new visa/preclearance applications from all countries, with the exception of the Priority/Emergency case types, which includes applications for third-country nationals travelling for the purpose of third-level study.
A limited resumption of visa services had already commenced on 22 June 2020, when the Immigration Service recommenced accepting certain Long Stay “D” visa applications, including for study.
If a person's application falls into this category, they can apply on-line in the usual way. However, before proceeding with an on-line application, they should check with their local Embassy/Honorary Consulate/Visa Office to confirm that their application meets the criteria. Once they have completed the on-line application, they should follow the instructions given on the summary page as to where to submit the application.
These measures are designed to support our current public health restrictions on movement, including into and out of Ireland. The increased travel restrictions, along with the mandatory hotel quarantine measures introduced as part of the Government’s efforts to interrupt the transmission of COVID-19, means that travel may not be possible and even if possible is not advisable unless absolutely essential.
When making such decisions, the Government considers the expert public health advices of NPHET to tackle the disease. The situation will continue to be reviewed in consultation with the relevant authorities in the coming weeks.
375. Deputy Denis Naughten asked the Minister for Justice the number of gardaí trained in first aid and other first responder emergency care, respectively; if a copy of the Garda operational guidelines for members that are first on the scene can be provided; and if she will make a statement on the matter. [25369/21]
Amharc ar fhreagraI have requested a report on the information requested by the Deputy from the Garda authorities, however this was not available in time. I will write to the Deputy once the information is to hand.
|
2018 to 21 May 2021 |
Numbers Trained |
|
Cardiac First Response |
485 |
|
First Aid Response |
3000 |
|
Cardiac First Response Advanced |
483 |
|
Emergency First Responder |
483 |
376. Deputy Rose Conway-Walsh asked the Minister for Justice when her Department will begin accepting new visa preclearance applications again after they were suspended on 29 January 2021; and if she will make a statement on the matter. [25376/21]
Amharc ar fhreagraAs part of Government efforts to tackle the pandemic, in January 2021, new visa requirements on passport holders from a number of South American countries and South Africa were introduced and the Immigration Service of my Department also took the decision to temporarily cease accepting new visa/preclearance applications from all countries, with the exception of the Priority/Emergency case types listed below.
Priority/emergency cases from all nationalities will continue to be accepted/processed and these include the following:
- Workers or self-employed persons exercising critical occupations including healthcare workers, frontier and posted workers as well as seasonal workers as referred to in the Guidelines concerning the exercise of the free movement of workers during the COVID-19 outbreak;
- transport workers or transport service providers, including drivers of freight vehicles carrying goods for use in the territory as well as those merely transiting;
- patients travelling for imperative medical reasons;
- pupils, students and trainees who travel abroad on a daily basis and Third-country nationals travelling for the purpose of 3rd level study;
- persons travelling for imperative family or business reasons;
- diplomats, staff of international organisations and people invited by international organisations whose physical presence is required for the well-functioning of these organisations, military personnel and police officers, and humanitarian aid workers and civil protection personnel in the exercise of their functions;
- passengers in transit;
- seafarers;
- journalists, when performing their duties.
If a person's application falls into one of these categories, they can apply on-line in the usual way. However, before proceeding with an on-line application, they should check with their local Embassy/Honorary Consulate/Visa Office to confirm that their application meets the priority/emergency criteria as outlined.
These measures are designed to support our current public health restrictions on movement, including into and out of Ireland. The increased travel restrictions, along with the mandatory hotel quarantine measures introduced as part of the Government’s efforts to interrupt the transmission of COVID-19, means that travel may not be possible and even if possible is not advisable unless absolutely essential.
When making such decisions, the Government considers the expert public health advices of NPHET to tackle the disease. The situation will continue to be reviewed in consultation with the relevant authorities in the coming weeks.
377. Deputy Paul Kehoe asked the Minister for Justice the options available to a person (details supplied) who has difficulty providing the documentation for a naturalisation application; and if she will make a statement on the matter. [25387/21]
Amharc ar fhreagraThe 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.
All applications for a certificate of naturalisation are processed and assessed individually in accordance with the relevant legislative provisions. All applicants for a certificate of naturalisation must supply original passports in support of their applications due to the requirement for applicants to firmly establish their identity to the satisfaction of the Minister. The requirement to supply original, in date and valid passports applies to all applicants.
Under normal circumstances, passports are returned approximately 10 days after their receipt. However, the current limits on staff attendance in the office due to COVID-19 restrictions, has resulted in delays in the return of some passports.
Applicants are advised not to send in their application during the pandemic if they anticipate that they may have to travel at short notice. However, I fully appreciate that people may have to travel at short notice for emergency reasons. The citizenship website advises that in these circumstances, applicants should email the citizenship helpdesk citizenshipinfo@justice.ie with the relevant details including postal tracking reference if available. Any request must be accompanied by appropriate scanned supporting material detailing the reasons for travel. Any request of this nature is dealt with promptly.
378. Deputy Thomas Pringle asked the Minister for Justice if the Transfer of Sentenced Persons (Amendments) Bill 2019 will be brought before the Houses of the Oireachtas in the current Oireachtas session in the context of a recent report (details supplied); and if she will make a statement on the matter. [25410/21]
Amharc ar fhreagraAs the Deputy will be aware in 2016, relevant Supreme Court judgments raised the issue of how best to adapt and administer under Irish law a foreign sentence that contains features not found in Irish sentences.
To address this issue the Government approved the General Scheme of the Transfer of Sentenced Persons (Amendment) Bill in 2019 to amend the Transfer of Sentenced Persons Acts 1995 and 1997.
Legislation to transpose Framework Decision 2008/909/JHA is also being progressed and is on the most recent Government Legislative Programme Priority List for publication. This legislation will address similar issues which could arise in relation to sentence adaptation in respect of sentence transfers between EU Member States.
Officials in my Department are currently working with the Office of the Attorney General with a view to progressing these issues and bringing the necessary legislation to deal with both Member State and non-Member State scenarios before the Oireachtas as soon as practicable.
379. Deputy Mairéad Farrell asked the Minister for Justice the details of the information her Department collates as per circular 20/2019 (details supplied); the date this report was issued; the location on her Departmental website on which it can be found; and the progress in relation to green procurement that has been made to date. [25436/21]
Amharc ar fhreagraJustice Plan 2021 commits to accelerating innovation, digitalisation and climate action across the justice sector. The Plan commits to cutting our reliance on carbon by implementing climate action policies in areas such as fleet and estate management, as well as green public procurement and energy efficiency.
As the Deputy may be aware, under Circular 20/2019, Government Departments are required to report annually on progress in relation to Green Public Procurement, commencing with its 2020 Annual Report. My Department will report on progress in this area when the Annual Report for 2020 is published later this year.
In relation to Green Public Procurement, my Department has engaged with the Office of Government Procurement (OGP), to use frameworks which include relevant social and environmental considerations. In this regard, it should be noted that much of my Department’s procurement is via OGP frameworks, including building energy services, cleaning products and services, stationery and relevant IT equipment.
The Justice Plan also commits to publishing a Justice Climate Policy Statement which would set out how the justice sector will reach its ambitious climate and energy efficiency targets, including by the adoption of green public procurement. This Policy Statement is due for publication in Quarter 4. .
380. Deputy Pauline Tully asked the Minister for Justice further to Parliamentary Question No. 1453 of 21 April 2021, if she has been in contact with her counterpart in the Northern Ireland Executive and brought to her attention the new information that has been brought to light by a person (details supplied) into the failure by the RUC to provide intelligence to An Garda Síochána of a car stolen from Enniskillen, County Fermanagh on 28 December 1972 and the identity of the loyalist paramilitary who was in possession of the car which was subsequently used in the bombing of Clones; and if she will make a statement on the matter. [25486/21]
Amharc ar fhreagraOn 28 December 1972, bombs exploded in three border towns, Clones, Co. Monaghan, Belturbet, Co. Cavan and Pettigo, Co. Donegal. The perpetrators of these bombings demonstrated a callous disregard for human life with many injured and the lives of two innocent young people taken in the Belturbet bombing.
The bombings were comprehensively investigated at the time by An Garda Síochána. The investigation pursued various lines of inquiry; however it was not possible to acquire sufficient evidence to sustain a prosecution.
With regard to the new information referred to by the Deputy, as was advised in the previous response to the Deputy last month, the new information published by the academic has been forwarded to An Garda Síochána for consideration and any appropriate action.
An Garda Síochána has confirmed that the investigation remains open and any new information will be assessed.
I can also confirm that I had a meeting with the Secretary of State for Northern Ireland last week in Dublin and during the meeting I took the opportunity to highlight the very tragic events that occurred in Belturbet and which had been the subject of recent public commentary.
I would ask that anyone with information in relation to these appalling acts to please contact An Garda Síochána.
381. Deputy Jackie Cahill asked the Minister for Health the reason Ireland enforces such a strict level of tolerance on TAC in hemp in comparison with other EU member states; and if he will make a statement on the matter. [25352/21]
Amharc ar fhreagraUnder the Misuse of Drugs framework Cannabis is defined as:
“any plant of the genus Cannabis or any part of any such plant (by whatever name designated) but includes neither cannabis resin nor any of the following products after separation from the rest of any such plant, namely -
(a) mature stalk of any such plant,
(b) fibre produced from such mature stalk, or
(c) seed of any such plant.”
Under the Misuse of Drugs Acts 1977-2016 and the Regulations and Orders made thereunder- it is an offence to cultivate, import, export, produce, supply and possess cannabis except in accordance with a Ministerial licence.
The Misuse of Drugs (Designation) Order 2021 (S.I. 122/2021), limits the purposes for which such licences for cannabis can be issued to research, forensic analysis or use as an essential intermediate or starting material in an industrial manufacturing process and the growing of hemp from seed varieties specified by the Commission of the European Communities, as being eligible for the purposes of Article 1 of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of 17 December 2013. Under the Regulation the specified seeds may not have a THC level of more than 0.2%.
382. Deputy Pauline Tully asked the Minister for Health when prison officers will receive their Covid-19 vaccination given that all establishments across the prison estate are operating quarantine areas to deal with potential or confirmed cases of Covid-19 (details supplied); and if he will make a statement on the matter. [25175/21]
Amharc ar fhreagraThe COVID-19 Vaccine Allocation Strategy sets out a provisional list of groups for vaccination. The Strategy was developed by the National Immunisation Advisory Committee (NIAC) and my Department, endorsed by the National Public Health Emergency Team (NPHET), and approved by Government on 8 December 2020.
On the 23rd of February, I announced an update to Ireland’s COVID-19 Vaccine Allocation Strategy. In comprising the initial Vaccine Allocation Strategy, the NIAC listed several conditions associated with increased risk of severe disease and death. In the intervening period, national and international evidence has become available which has enabled a more detailed analysis of underlying conditions that may increase the risk of developing severe disease or death. The NIAC has now been able to more comprehensively identify those medical conditions and to distinguish between those which place a person at very high or high risk of severe disease if they contract the virus. Medical conditions and the magnitude of the risk they pose will continue to be monitored and periodically reviewed.
On the 30th of March, the Government approved a further update to the COVID-19 Vaccination Allocation Strategy. Based on clinical, scientific and ethical frameworks produced by the National Immunisation Advisory Committee and my Department, following the vaccination of those most at risk, future groups will be vaccinated by age, in cohorts of 10 years (i.e., 64-55; 54-45, etc.).
The move to an age-based model better supports the programme objectives by:
- protecting those at highest risk of severe disease first, which benefits everyone most;
- facilitating planning and execution of the programme across the entire country;
- improving transparency and fairness.
Further details are available here: https://www.gov.ie/en/press-release/93f8f-minister-donnelly-announces-update-to-irelands-vaccination-prioritisation-list/
It is important to note that the NIAC has advised that there is no evidence to show a significantly increased risk of severe COVID-19 disease, independent of age and other comorbidities, in any occupational group other than frontline healthcare workers to prioritise them for vaccination above their age-cohort.
383. Deputy Louise O'Reilly asked the Minister for Health the estimated cost of providing four heart failure clinical nurse specialists per 150,000 population; the number of heart failure clinical nurse specialists currently in place; the number required to meet this target; and if he will make a statement on the matter. [25178/21]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.
