Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Tuesday, 25 May 2021

Written Answers Nos. 475-494

Deportation Orders

Ceisteanna (475)

Bernard Durkan

Ceist:

475. Deputy Bernard J. Durkan asked the Minister for Justice when the case of a person (details supplied) will be reconsidered; and if she will make a statement on the matter. [27428/21]

Amharc ar fhreagra

Freagraí scríofa

The person referred to by the Deputy is the subject of a Deportation Order made on 1 February 2019. However, the person concerned made a request on 23 October 2020, under section 3(11) of the Immigration Act 1999 (as amended), to have that Order revoked and this will be considered as soon as possible. The decision will be that the existing Deportation Order will be either ‘affirmed’ or ‘revoked’.

As a person subject to a Deportation Order, they are legally obliged to comply with any reporting obligations placed on them by the Garda National Immigration Bureau (GNIB). They may be directed to attend, either at the Burgh Quay office in Dublin, or at their local Immigration Office, at specified times on specific dates until such time as the deportation process has been completed.

In line with the clear commitments previously given, no Deportation Orders are being enforced during the pandemic, except in cases where an individual may be a threat to national security or whose presence in Ireland would be contrary to the public interest. My Department has consistently adopted a pragmatic approach in this area in the context of Covid-19.

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 (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 Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.

Visa Applications

Ceisteanna (476, 491, 499)

Patrick Costello

Ceist:

476. Deputy Patrick Costello asked the Minister for Justice when the processing of long stay visa applications will be resumed (details supplied); and if she will make a statement on the matter. [27472/21]

Amharc ar fhreagra

Seán Haughey

Ceist:

491. Deputy Seán Haughey asked the Minister for Justice when the processing of join family visa applications will resume; and if she will make a statement on the matter. [27752/21]

Amharc ar fhreagra

Neasa Hourigan

Ceist:

499. Deputy Neasa Hourigan asked the Minister for Justice when the Irish Naturalisation and Immigration Service will resume processing short stay C visas; and if she will make a statement on the matter. [27898/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 476, 491 and 499 together.

Last week, I announced with Minister Humphreys that two new categories have been added to the priority/emergency list for visas being processed at this time. Visa applications are now being accepted for essential family reunification and for those who are travelling for essential business or employment purposes and have been issued with an employment permit by the Department of Enterprise, Trade and Employment.

It remains the position that my Department is not accepting any short stay visa applications, except for cases that fall under the Emergency/Priority criteria set out below.

The Priority/Emergency cases that will continue to be accepted and processed at this time include the following:

- People travelling for business/employment purposes and granted an employment permit by Department of Enterprise Trade and Employment to meet an enterprise’s key business;

- patients travelling for imperative medical reasons;

- transport workers or transport service providers, including drivers of freight vehicles carrying goods for use in the territory as well as those merely transiting;

- pupils, students and trainees who travel abroad on a daily basis and Third-country nationals travelling for the purpose of 3rd level study;

- Join Family applications;

- Preclearance applications from De Facto Partner of an Irish National, De Facto Partner of a Critical Skills Employment Permit Holder, or of a non EEA Researcher on a Hosting Agreement and Family members looking to join a UK National in Ireland;

- persons travelling for imperative family or business reasons;

- Persons entitled to avail of the provision of the EU Free Movement Directive;

- 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.

It is important to note that all travellers arriving into Ireland must continue to comply fully with the public health measures required by law, including completing a COVID-19 Passenger Locator Form, pre-arrival PCR test and quarantine in a designated facility or at home, as appropriate.

As has been the case throughout the pandemic, the situation in relation to visa processing, including for short stay and other long stay categories, will continue to be reviewed in consultation with the relevant authorities in the coming weeks.

Citizenship Applications

Ceisteanna (477)

Neale Richmond

Ceist:

477. Deputy Neale Richmond asked the Minister for Justice if she will consider an exemption on citizenship applications fees for long-term Irish residents that are citizens of EU and EEA member states or the UK; and if she will make a statement on the matter. [27473/21]

Amharc ar fhreagra

Freagraí scríofa

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

All applications for a certificate of naturalisation are processed and assessed individually in accordance with the legislation. There are no provisions to apply different criteria depending on the nationality of the applicant or the length of time they have resided in the state. All applicants are required to meet minimum periods of reckonable residence and standard checks are carried out as part of the overall process to maintain its integrity.

The current application fee is €175, payable when an application for naturalisation is lodged. A certification fee is payable only when the application is successful and 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.

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.

All of the fees payable under the Irish Nationality and Citizenship Act 1956, as amended, are kept under ongoing review by the Department. However, there are currently no plans to amend the fees.

Naturalisation Applications

Ceisteanna (478)

Bernard Durkan

Ceist:

478. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [27487/21]

Amharc ar fhreagra

Freagraí scríofa

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 29 June 2016. 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.

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 (479)

Bernard Durkan

Ceist:

479. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an appeal for a visa in the case of persons (details supplied); if an application will be treated as an emergency application given the worsening situation in Nigeria; and if she will make a statement on the matter. [27495/21]

Amharc ar fhreagra

Freagraí scríofa

The visa applications referred to by the Deputy were refused by the Visa Office in Abuja on 2 November 2020. The reasons for this decision were set out in the refusal letter sent to the applicants at that time. An appeal of this decision was submitted on 19 January 2021.

To be fair to all applicants, appeals for applications of this type are processed in the order in which they are received. While every effort is made to process these applications as soon as possible, processing times will vary having regard to the volume of appeals received, their complexity, the possible need for the visa office to seek further information in relation to certain appeals and the resources available to process them.

Full consideration will be given these appeals however the onus is on applicants to satisfy the Visa Officer that visas should be granted. Processing times and decisions at the Overseas Visa Offices can be checked at the webpage for the relevant Office.

All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines to assist applicants are available on the Immigration Service website. When making an appeal, the applicant should take into account the reasons for refusal listed in the refusal letter. The appeal should include any further information or additional documentation they wish to have considered, and should be sent for the attention of the Visa Appeals Officer, in the relevant Visa Office, where the matter will be considered afresh.

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 (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 Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

Visa Applications

Ceisteanna (480)

Seán Canney

Ceist:

480. Deputy Seán Canney asked the Minister for Justice when an appeal decision will issue in relation to visas granted to two workers (details supplied) which were subsequently refused by the Irish Embassy in New Delhi. [27496/21]

Amharc ar fhreagra

Freagraí scríofa

The visa applications referred to by the Deputy were refused by the Visa Office in New Dehli on 16 February 2021. The reasons for these decisions were set out in the refusal letters sent to the applicants at that time. Appeals were received for both applications during the month of March.

The Visa Appeals Officer has taken all of the documentation and information submitted with the original applications and with the appeals into consideration. The appeals have not been successful and the original decision to refuse the applications has been upheld. The reasons for the refusal of the appeals are outlined in the refusal letter of 18 May 2021.

If any person, who has been refused a visa, wishes to make another application in the future, their application will be assessed on its own merits taking all relevant information into consideration at that time. Their prior immigration history is a matter of record but does not preclude them from seeking a visa in the future.

As the Deputy may be aware, last week, Minister Humphreys and I announced that two new categories have been added to the priority/emergency visa applications being processed at this time. This includes applications from people who have been granted an employment permit by the Department of Enterprise, Trade and Employment (DETE) and are travelling for essential business or employment purposes.

However, it is important to note that the granting of an employment permit by DETE, does not determine that a visa will subsequently be granted. There are two very distinct application processes with different checks and procedures in place in each respective Department.

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 (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 Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

An Garda Síochána

Ceisteanna (481)

Mairéad Farrell

Ceist:

481. Deputy Mairéad Farrell asked the Minister for Justice the amount spent on external legal services by An Garda Síochána in 2014, 2019 and 2020, in tabular form. [27503/21]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that, in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána and is by law the Accounting Officer for the Garda Vote. This role includes responsibility for expenditure within the organisation and, as Minister, I have no direct role in these matters.

An Garda Síochána have provided the below table detailing the amount spent on external legal services by An Garda Síochána in 2014, 2019 and 2020 in tabular form, as requested by the Deputy.

2014

2019

2020

Commissions & Special Inquiries*

-

€843,026

€832,415

Legal Fees

€21,000

€159,008

€530,662

Total

€21,000

€1,002,034

€1,363,077

* The Deputy should be advised that Commissions and Special Inquiries costs include Tribunal costs incurred for legal representation for serving and retired Garda members. The Tribunal’s own costs are incurred by the Justice Vote.

Visa Applications

Ceisteanna (482)

Bernard Durkan

Ceist:

482. Deputy Bernard J. Durkan asked the Minister for Justice if a change of status from stamp 3 to stamp 4 can be facilitated in the case of a person (details supplied); and if she will make a statement on the matter. [27504/21]

Amharc ar fhreagra

Freagraí scríofa

The person referred to by the Deputy is registered on Stamp 3 conditions until 21 June 2021.

It is open to the person concerned to apply for a change of immigration status from Stamp 3 to Stamp 4 if they meet the criteria for doing so. Further information on the criteria for changing immigration permission, including instructions on how to change permission are available on the Immigration Service website at: www.inis.gov.ie/en/inis/pages/wp07000279.

If the person concerned does not meet the criteria, it is open to them to seek an employment permit from the Department of Enterprise, Trade and Employment (DETE), should they wish to take up employment in the State. Further information on employment permits is available on the DETE website at: www.enterprise.gov.ie/en.

If the person is successful in obtaining an employment permit, they may then apply to the Immigration Service of my Department for a change of status from Stamp 3 dependent permission to a Stamp 1 employment permission allowing them to work in the State on their employment permit conditions.

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, 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 Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

Visa Applications

Ceisteanna (483)

Bernard Durkan

Ceist:

483. Deputy Bernard J. Durkan asked the Minister for Justice when a visa application will be approved in the case of a person (details supplied); and if she will make a statement on the matter. [27507/21]

Amharc ar fhreagra

Freagraí scríofa

The visa application referred to by the Deputy was refused by the Visa Office in Abuja. The reasons for this decision were set out in the refusal letter sent to the applicant on 14 May 2021. It is open to the applicant to appeal this decision, in writing, within two months of the date of the refusal. Appeals must be made in writing and sent to the Visa Appeals Officer in the relevant Visa Office. Faxed or emailed appeals will not be considered.

All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines to assist applicants are available on the Immigration Service website.

Full consideration will be given to any appeal received on behalf of the applicant, however the onus is on the applicant to satisfy the Visa Officer that a visa should be granted.

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 (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 Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

An Garda Síochána

Ceisteanna (484)

Richard Bruton

Ceist:

484. Deputy Richard Bruton asked the Minister for Justice the position in relation to the plan to build a new Garda station for the Coolock district. [27556/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the Office of Public Works (OPW) has responsibility for the provision and maintenance of Garda accommodation. Works in relation to Garda accommodation are progressed by the Garda authorities working in close cooperation with the OPW. As Minister for Justice I have no direct role in these matters.

I am advised by the Garda authorities that there has been an exploratory discussion with Dublin City Council (DCC) in relation to the possible development of a new Garda station to service the greater Belmayne, Clongriffin, Coolock and Darndale areas of the Dublin Metropolitan Region North Division.

The determination of the need for the development of a new Garda Station in the Coolock District, or at any other location, will be considered in the context of the overall accommodation requirements arising from the ongoing expansion of the Garda workforce, and the availability of capital funding, as well as the implementation of ‘A Policing Service for our Future’ and the new Garda Operating Model, which will inform the accommodation priorities of An Garda Síochána over the years 2022-2030.

An Garda Síochána

Ceisteanna (485)

Richard Bruton

Ceist:

485. Deputy Richard Bruton asked the Minister for Justice the approach being developed for intensive engagement to divert young persons from the risk of slipping into the drugs environment in pilot areas known as green towns; and the experience of successes from such projects to date. [27557/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, I recently published the new Youth Justice Strategy 2021-27. This Strategy includes a commitment to develop the work of the Garda Youth Diversion Projects (GYDPs) to include targeted work with ‘harder-to-reach’ young people. This includes young people heavily involved in crime and anti-social behaviour, for whom there are little supports and interventions available in practice, unless they are before the courts, in which case they may be under the supervision of the Probation Service. The Strategy also prioritises early intervention work, including with younger children who are assessed as being at serious risk. Both these cohorts may include children at risk of recruitment by crime gangs.

The development of this work within the GYDP network will be supported by the REPPP Project, (Research Evidence into Policy, Programmes and Practice), at the School of Law in the University of Limerick (UL). The REPPP has led on the “Greentown Report”, which studied the influence of criminal networks on children in Ireland, and was published in December 2016. The REPPP project is a strategic research partnership between UL and the Department of Justice.

The Greentown Report identifies crime networks as a separate and plausible risk factor underlying criminal offending by certain children. It outlines how the influence of criminal networks increases the level of offending by a small number of children and entraps them in offending situations.

The Greentown Report recommended the design of a programme to include interventions with children and their families to help them withstand the influence of criminal networks. The REPPP project team implemented a bespoke design process to produce a model for an Irish evidence-informed intervention programme. This new “Greentown Programme” has been designed with the input of leading international expertise on crime and criminal networks, together with Irish scientific, policy and practice expertise in child protection and welfare, drugs and community development.

Pilot applications of the Greentown programme, developed by the REPPP, commenced in two locations in 2020 and will run for three years. The learning from these pilots will then be incorporated into mainstream GYDP practice. This specially designed intervention programme was developed with international expert advice, to tackle coercive control of children by criminal groups which entraps them in offending situations. Funds are already available for the initial pilots from the Dormant Accounts Funds, with a total of €4.2m allocated over three years.

The implementation of the Greentown pilot programme is part of the Strategic Objectives of the Youth Justice Strategy 2021-2027. This implementation process began with the establishment of the Governance and Strategy Group, and the Youth Justice Oversight Group. Both groups are chaired by the Department of Justice, which will provide oversight arrangements for Youth Justice Initiatives, including the Greentown pilots, to ensure that there is a cohesive response in practice to the needs of particular cohorts of children and particular communities.

Regulatory Bodies

Ceisteanna (486)

John Lahart

Ceist:

486. Deputy John Lahart asked the Minister for Justice the procedures in place in relation to the Property Services Regulatory Authority in dealing with official complaints that are lodged with the authority; the number of complaints received by the authority in each of the years 2015 to 2020, in tabular form; the number of those complaints that are still live; the number now fully closed; and if she will make a statement on the matter. [27593/21]

Amharc ar fhreagra

Freagraí scríofa

The Property Services Regulatory Authority (PSRA) is a statutory body established to regulate property services providers. As part of its independent statutory remit, it has powers to investigate complaints of improper conduct made against licensed property services providers, and to commence as part of its own volition an investigation into alleged improper conduct. While, as Minister, I have no role in the independent adjudication of these matters by the Authority I am happy to set out the following information which it has provided in relation to this matter.

Under Section 63 of the Property Services (Regulation) Act 2011, any person may make a complaint to the Authority alleging improper conduct by a Property Services Provider. Where the Authority receives such a complaint it must carry out an investigation unless it is satisfied that the complaint:

(a) is not made in good faith, or

(b) is frivolous or vexatious or without substance or foundation, or

(c) is likely to be resolved by mediation or other informal means between the parties concerned.

Once a complaint is received, an inspector will determine whether or not it falls within the definition of improper conduct as provided for in the Act and decide if a formal investigation is required to be carried out. The Property Services Regulation Act 2011 (Minimum Standards) Regulations 2020, which came into force on 30 November 2020, provides for additional standards to be observed in the provision of property services by property services providers. These standards reflect the high standards expected of licensees in the provision of property services to their clients and the public.

The following table sets out the statistical information requested by the Deputy, as of 19 May 2021.

2015

2016

2017

2018

2019

2020

Complaints Received

202

196

280

229

193

183

Complaints opened on own violation/anonymously received

2

11

2

4

9

4

Complaints Concluded

204

207

281

232

194

149

Live Cases

0

0

1

1

8

38

Forensic Science Ireland

Ceisteanna (487)

Patricia Ryan

Ceist:

487. Deputy Patricia Ryan asked the Minister for Justice if her attention has been drawn to delays in the State’s forensic laboratories; her plans to address same; and if she will make a statement on the matter. [27608/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, Forensic Science Ireland (FSI) is an office of the Department of Justice and provides a forensic analytical service to the criminal justice system. As an essential service, FSI have remained open throughout all stages of Covid-19 restrictions, with the key objective of providing a sustainable service while keeping their staff safe. In December 2019, the fingerprints and documents & handwriting services of the Garda Technical Bureau were transferred to FSI.

FSI reported on close to 22,000 investigations in 2020, including almost 6,000 from fingerprints and documents & handwriting. This represents an increase of 36% in reported cases compared to 2019. FSI also expanded its intelligence services over the course of the year. FSI supported the validation and preparations for fingerprint exchange as part of the Schengen Information System (SIS) in 2020. Ireland also currently exchanges fingerprint data with Austria, Romania and the Czech Republic under the Prüm agreement. FSI expanded connectivity for Prüm DNA Exchanges, with 8 countries now actively exchanging material (Austria, Latvia, Netherlands, United Kingdom, Slovakia, Poland, Sweden and Estonia) with further expansions planned for 2021.

I understand that FSI also completed a comprehensive drugs quantification trend reports for the previous 4 years (2016 – 2019) on heroin, cocaine and amphetamine and shared these insights with stakeholders in An Garda Síochána and the Department of Health. FSI is also the custodian of the national DNA database. At the end of 2020 there were close to 50,000 DNA profiles on the national DNA database. The number of reference profiles increased by 8,631 in 2020 and the number of crime-scene profiles increased by 1,555. The impact of the database has also increased over time, with 47% of uploaded crime-stains now linked to a person.

2020 was the first year where the fingerprints and documents and handwriting services have been provided by FSI. The integration of these services as well as the growth in demand for drugs and DNA investigates have led to a 74% increase in case submissions when compared to 2018. For 2020 alone, drugs & toxicology submissions increased by 26% and more specifically, complex case submissions (related to possession with intent to supply, or cultivation) increased by 34%.

In 2020, approximately 29,000 cases were submitted to FSI and reports were issued in 22,000 cases. FSI is working to address the capacity issues relating to the increased demand for their services in a number of ways.

FSI works with its principal service user, An Garda Síochána, to ensure that cases where analysis is urgently required are prioritised. FSI prioritised the more complex drug submissions and reported close to the same number of such cases as in 2019, despite the pandemic. They have also supported all urgent drugs cases (typically custody cases) within the 24-hour timeframe agreed with An Garda Síochána, despite a significant increase in demand (31% on 2019). FSI increased the number of DNA case reports by 24% in 2020 and reported on all Body Identifications within the agreed timeframe, despite a significant increase (23% on 2019).

I can inform the Deputy that FSI staffing has increased significantly in recent years and further recruitment is underway. Since December 2018, 30 additional scientists have been recruited to FSI bringing the current staff level to 197.

In March 2020, the Government approved the signing of a contract for the construction of a purpose built forensic laboratory at Backweston, Co. Kildare and construction commenced immediately. The building is scheduled for completion in the Summer of 2022. This new facility will allow FSI to further increase capacity and improve the service it offers to the criminal justice system.

Proposed Legislation

Ceisteanna (488)

Holly Cairns

Ceist:

488. Deputy Holly Cairns asked the Minister for Justice the date on which her Department is working towards to introduce hate crime legislation to the Houses of the Oireachtas; and if she will make a statement on the matter. [27672/21]

Amharc ar fhreagra

Freagraí scríofa

The Deputy may be aware that the Justice Plan 2021 commits to introducing new legislation to deal with hate crime and incitement to hatred by the end of this year. The General Scheme of the Criminal Justice (Hate Crime) Bill 2021 was published in April.

The policy on which these legislative proposals are based is set out in “Legislating for Hate Speech and Hate Crime in Ireland – Report on the Public Consultation 2020”, which was published in December 2020. These policy proposals were drawn from a comprehensive public consultation undertaken by the Department, which attracted almost 4,000 responses.

The General Scheme of the Bill has now been referred to the Joint Justice Committee for Pre-Legislative Scrutiny. Following this, it will be drafted by the Office of Parliamentary Counsel, in cooperation with my Department’s Officials.

It is anticipated that the Bill will be published by the end of the year, after which it will begin its passage through the Houses of the Oireachtas.

Visa Applications

Ceisteanna (489)

Brendan Howlin

Ceist:

489. Deputy Brendan Howlin asked the Minister for Justice when a visa application (details supplied) under the EU Directive 2004/38/EC will be determined; and if she will make a statement on the matter. [27674/21]

Amharc ar fhreagra

Freagraí scríofa

The persons referred to by the Deputy created an on-line Family member of EU/EEA/Swiss cit. (other) visa applications on 24 December 2020. Upon creating on-line visa applications, the summary sheet must be printed and signed by the applicant and then submitted to the relevant Visa Office, along with supporting documentation and the relevant fee, within 30 days. Only upon receipt of the necessary documentation and fee, can the visa application be processed further.

The summary sheet and supporting documentation in respect of the applications referred to were received by the local mission on 14 January 2021 and are currently awaiting comprehensive examination.

In accordance with the provisions under Point 21.1 of my Department's Policy Document on Non-EEA Family Reunification (www.inis.gov.ie), processing of family reunification visa applications, such as these, may take up to six months to determine from the date the documentation is received in the relevant Visa Office. However, this is a business target and not a legal obligation.

The Visa Office endeavours to have applications of this nature processed earlier than this, however, this is not always possible. In order to be fair to all applicants, applications are processed in order by date received in the Office. Applications will not be normally be processed ahead of others in the queue unless there are extremely urgent reasons requiring immediate travel.

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 (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 Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

Probate Applications

Ceisteanna (490)

Richard Bruton

Ceist:

490. Deputy Richard Bruton asked the Minister for Justice the position in relation to the delays in the issuing of probate from the Probate Office. [27676/21]

Amharc ar fhreagra

Freagraí scríofa

The Probate Office is an office of the High Court and under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in its functions. However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has provided the following update on the Dublin Probate Office.

The Courts Service advises that the reintroduction of restrictions on travel earlier this year necessitated the temporary closure of the personal applications process in the Dublin Probate Office. Interviews for personal applications resumed earlier this month with additional resources being allocated to facilitate these interviews. I am further advised that the staff of the Probate Office are committed to clearing the backlogs that had developed while personal applicant interviews were not possible and are working hard to achieve this. As the Deputy will appreciate, all such personal application interviews are conducted in line with current Public Health Guidelines, which must be factored into the scheduling of interview appointments.

The waiting time for solicitor applications at present in the Probate Office, Dublin is six weeks assuming that the papers received are correct. Resubmitted applications where queries were raised when the papers were first lodged are taking six weeks from the date they are resubmitted.

Question No. 491 answered with Question No. 476.

Visa Applications

Ceisteanna (492)

Bernard Durkan

Ceist:

492. Deputy Bernard J. Durkan asked the Minister for Justice if an appointment will be facilitated to update stamp status in the case of a person (details supplied) who has attempted to make an appointment to no avail; and if she will make a statement on the matter. [27781/21]

Amharc ar fhreagra

Freagraí scríofa

The Burgh Quay Registration Office for customers in the Dublin area reopened on 10 May 2021, and there is currently a high demand for appointments. My Department is prioritising customers who had their appointments cancelled when the Office closed in December 2020 due to Level 5 restrictions and there will be greater availability of appointments for other first time registrations once this group has been cleared.

The person concerned should continue to apply for an appointment through the online appointments system, which opened to accept bookings from 6 May 2021, at: www.burghquayregistrationoffice.inis.gov.ie.

If they have any queries, they can contact the Immigration Service of my Department by emailing immigrationsupport@justice.ie.

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 (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 Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

An Garda Síochána

Ceisteanna (493)

Jim O'Callaghan

Ceist:

493. Deputy Jim O'Callaghan asked the Minister for Justice the number of persons arrested and charged under Part 6 of the Criminal Justice Act 2006 in each of the years of 2018 to 2020 and to date in 2021, in tabular form; and if she will make a statement on the matter. [27802/21]

Amharc ar fhreagra

Freagraí scríofa

I have contacted the Garda authorities to provide the information as requested by the Deputy. Unfortunately, this report was not available in time and I will write to the Deputy as soon as it is to hand.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question Number 493 which was for answer on 25 May 2021, where you requested the number of persons arrested and charged under Part 6 of the Criminal Justice Act 2006 in each of the years of 2018 to 2020 and to date in 2021.
You will recall that the information could not be obtained in the time available and I undertook to consult with An Garda Síochána and to contact you again when the information was available.
As you will appreciate, the Garda Commissioner is responsible under the law for the management and administration of An Garda Síochána. As Minister for Justice, I have no direct role in these matters.
I have been provided with the below table by the Garda authorities, detailing the number of persons arrested for incidents of the PULSE incident type ‘Fireworks Offences’ and the number of persons charged or summonsed for those incidents where the offence wording indicated the offence was contrary to Section 68 of the Criminal Justice Act 2006, in the years 2018, 2019 and 2020. I am advised by the Garda authorities that there have been no such arrests, charges or summonses to date in 2021.

Year

Persons Arrested

Persons Charged/Summonsed

2018

22

27

2019

26

28

2020

24

45

You should be aware that these figures were collated based on PULSE data as of 24 May 2021 and that these figures are operational and may be liable to change. I am further advised by the Garda authorities that crime counting rules are not applied, in order to reflect all records.
I trust this information is of assistance.

Departmental Data

Ceisteanna (494, 495)

Jim O'Callaghan

Ceist:

494. Deputy Jim O'Callaghan asked the Minister for Justice the number of successful convictions obtained for the offence of criminal damage in Garda J district in 2020 and to date in 2021, in tabular form; and if she will make a statement on the matter. [27803/21]

Amharc ar fhreagra

Jim O'Callaghan

Ceist:

495. Deputy Jim O'Callaghan asked the Minister for Justice the number of successful convictions obtained for the offence of violent disorder in Garda R district in 2020 and to date in 2021, in tabular form; and if she will make a statement on the matter. [27804/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 494 and 495 together.

I have contacted the Courts Service for the information requested by the Deputy and have been advised that it is not possible to provide a report identifying the number of convictions for offences in a particular area of Dublin.

It should be noted that violent disorder is an indictable offence. Criminal damage may be tried summarily or on indictment. These offences can be dealt with in either the District or the Circuit Court and many of those offences can be sent forward from the District Court for trial to the Circuit Court. The following statistics relate to the District Court only, as the system used for Circuit Court matters is unable to produce reports for specific offences

The Courts Service has advised that the number of persons and the number of offences where convictions were recorded for the offences of Violent Disorder and Criminal Damage in the Dublin Metropolitan District in 2020, and as of 31 March 2021 is as follows:

VIOLENT DISORDER

CRIMINAL DAMAGE

Year

No of Offences

No of Persons

No of Offences

No of Persons

Jan - Dec 2020

5

5

262

212

Jan - Mar 2021

3

3

83

77

It is not possible for the Courts Service to produce reports for specific offences. The only available reports are by offence category, rather than for individual offences. Categories of offences can contain multiple offences.

The Deputy should also note that the Courts Service can only provide data in instances where offence codes provided on the system were used by prosecutors. Prosecutors may have used un-coded free text offences and any such offences are not be included in the data provided.

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