Written Answers Nos. 529-549
529. Deputy Éamon Ó Cuív asked the Minister for Justice when a new process will be developed in the State to deal with the cases of third-country national persons who have been deemed to come within the scope of the EU Free Movement Directive following a ruling of the European Court of Justice in the Chenchooliah case; and if she will make a statement on the matter. [54206/21]
Amharc ar fhreagraAs the Deputy is aware, the European Court of Justice (ECJ) ruling in the Chenchooliah case relates to third country national persons who have been deemed to come within the scope of the EU Free Movement Directive, but for whom the circumstances which allowed those persons to remain in the host State no longer apply. Such persons will be regarded as “former beneficiaries” for the purposes of the EU Directive.
The ECJ ruled that such persons cannot be removed from the host State on foot of domestic legislative provisions and can only be removed on foot of a Removal Order made under Article 15 of the EU Free Movement Directive. This ruling requires a new Removal Order process to be developed in this State, based on the provisions of Article 15, and this process continues to be developed in my Department.
The amendment of the European Communities (Free Movement of Persons) Regulations 2015, by the European Communities (Free Movement of Persons) (Amendment) Regulations 2021, to fully bring them in line with the ruing of the ECJ in the Chenchooliah case is an important and necessary step in this process. I am pleased to advise the Deputy that the 2021 Regulations were signed and came into force on 26 August 2021.
530. Deputy Róisín Shortall asked the Minister for Justice if she will request An Garda Síochána to report on the outcome of Operation Tombola over the 2021 Halloween period in relation to the tackling of the increased use of fireworks and bonfires in Dublin; if additional Garda resources were put in place over the Halloween period; and if she will make a statement on the matter. [54289/21]
Amharc ar fhreagraUnder Operation Tombola an Garda Síochána combat the illegal importation, sale and use of fireworks and address related public order and anti-social behaviour. It has both an overt uniform presence and a covert element.
I am advised by the Garda Commissioner that in the lead up to Halloween this year, each Chief Superintendent in the Dublin Metropolitan Region (DMR) put in place appropriate effective measures to prevent and detect the organised importation for sale of fireworks and target anti-social behaviour. Close engagement was also maintained throughout the Halloween period with the various local authorities and appropriate interventions made on bonfires and bonfire material.
The Commissioner also advises, that comprehensive policing plans were established in each of the Garda Divisions, supported through the maximisation of resources, including, high-visibility Mobile; Beat; Pedal Cycle Patrols and Community Engagement initiatives.
All these initiatives and interventions had a particular focus on reducing instances of criminal activity, anti-social behaviour and keeping people safe.
Further, through a coordinated Regional Policing Plan, local policing plans in the DMR were supported by the deployment of the Garda National Public Order Unit in the lead up to and over the Halloween period. This unit continues to be deployed in Dublin City and surrounding areas, with particular attention given to areas identified for anti-social behaviour. Additional High Visibility resources were also put in place in each of the Garda Divisions in the DMR.
Over the Halloween period, Gardaí in the DMR were also supported by the Armed Response Unit, Emergency Response Unit, the Air Support Unit, the DMR Roads Policing Unit and national units, such as the Garda National Drugs and Organised Crime Bureau, Garda National Economic Crime Bureau, Criminal Assets Bureau and the Special Detective Unit. This year, An Garda Síochána recorded 23 fireworks incidents and 13 incidents where explosives were seized in the Dublin region.
531. Deputy Duncan Smith asked the Minister for Justice if she will arrange for the return of the passports of persons (details supplied) who applied for naturalisation some weeks ago. [54439/21]
Amharc ar fhreagraThe passports for the applicants referred to by the Deputy have been returned by my Department by registered post, and the applicants should receive them in the coming days.
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.
532. Deputy Pauline Tully asked the Minister for Justice the reason a person (details supplied) was deported under an order signed on 21 September 2010 by the then Minister for Justice; if the reasons they sought asylum were investigated; if their deportation was in any way connected to complaints which led to the closure of a processing centre for asylum seekers; and if she will make a statement on the matter. [54453/21]
Amharc ar fhreagraA Deportation Order was made in respect of the person referred to by the Deputy under the provisions of Section 3 (2) (f) of the Immigration Act, 1999, as their application for international protection was refused.
It is open to the person concerned to apply, under section 3(11) of the Immigration Act 1999 (as amended), to have their Deportation Order revoked. This applies equally to Deportation Orders made under section 3 of the Immigration Act 1999 (as amended) and under section 51 of the International Protection Act 2015.
However, to have a realistic chance of a favourable outcome, the request would need to be founded on new information or changed circumstances which were not able to be considered, nor were capable of being considered, when the original decision to make the Deportation Order was made. The outcome of that request will be that the existing Deportation Order will either be ‘affirmed’ or ‘revoked’.
It is also open to the person concerned or their legal representative to direct any further queries to the Repatriation Division of my Department by email to: arrangements@justice.ie or by post to the following address:
Repatriation Division,
Immigration Service Delivery
Department of Justice
13-14 Burgh Quay,
Dublin 2,
D02 XK70
Ireland.
533. Deputy Bríd Smith asked the Minister for Justice the position regarding the review of Part 4 of the Criminal Law (Sexual Offences) Act 2017; the expected completion and publication date, respectively; and if she will make a statement on the matter. [54469/21]
Amharc ar fhreagraAs you are aware, in July of last year my Department officials contracted an independent expert, Ms Maura Butler, to undertake the review of Part 4 of the Criminal Law (Sexual Offences) Act.
As part of the review, an online public consultation was open and contributions were received from a broad range of organisations with different perspectives. Further consultation with stakeholders is planned and details on how this engagement will take place will be outlined in due course. The review will consider all aspects outlined in the Terms of Reference.
While the review is independent of the Department, it is understood that the independent expert commissioned to carry it out has a programme of work mapped out for the remainder of the year and expects to be in a position to present the outcome of the review early next year.
534. Deputy Niamh Smyth asked the Minister for Justice if she will consider allowing Afghan citizens temporary refuge in Ireland while awaiting confirmation of their citizenship applications in other countries (details supplied); and if she will make a statement on the matter. [54488/21]
Amharc ar fhreagraI share the Deputy’s concerns for the Afghan people and the humanitarian crisis that is unfolding in Afghanistan.
However, there is no provision in immigration or international protection legislation that would allow for the scenario suggested by the Deputy. Furthermore, there are no administrative schemes that would provide for the granting of temporary residence or protection for Afghan nationals awaiting an immigration decision from another jurisdiction, such as the US.
Ireland has acted swiftly and compassionately to demonstrate our support and solidarity with the Afghan people. My Department is working closely with colleagues in the Department of Foreign Affairs and the Department of Children, Equality, Disability, Integration and Youth to ensure a coordinated national response.
This includes opening the Irish Refugee Protection Programme under Minister O'Gorman's remit to Afghan persons in need of protection and working to ensure that applications received from Afghan nationals under the various State schemes for immigration residence and international protection can be prioritised for speedier processing where possible. These schemes provide avenues for Afghan nationals to seek protection and for eligible family members living in Ireland to seek to have their close family members granted permission to reside in Ireland, where the relevant criteria are met. More than 740 Afghan nationals have already been granted permissions to reside in the State so far this year.
The Government has also approved an additional initiative: the special Afghan Admission Programme, which will provide places for up to 500 Afghan family members. Each applicant will have an opportunity to nominate up to four family members who are currently residing in Afghanistan or who have fled to neighbouring territories and whom they consider would be especially at risk in terms of their freedom and safety.
The Programme, including the detailed eligibility criteria and the application process, will be developed over the coming months, with a view to issuing a call for applications in December.
The Programme is unique across the EU and was hailed by the UNHCR as a very welcome commitment by Ireland that will bring much solace to Afghans who are worried about their relatives abroad.
In the meantime, all current immigration avenues remain open for new applications, including visa and family reunification applications. My Department will process any new applications received speedily and sympathetically.
535. Deputy Bernard J. Durkan asked the Minister for Justice if a decision to deport will be revoked in the case of a person (details supplied); and if she will make a statement on the matter. [54489/21]
Amharc ar fhreagraThe immigration case of the person concerned was finalised by my Department on 29 October 2019. Leave to remain in the State was refused and a Deportation Order was made. That Order was served on the person concerned by registered post dated 10 January 2020, and was sent to their last notified address. This communication was also copied to their legal representative on the same date.
The Deportation Order remains valid and in place and, as such, the person concerned remains legally obliged to comply with any reporting requirements placed on them by the Garda National Immigration Bureau (GNIB).
It is open to any person subject to a Deportation Order to make a request, under section 3(11) of the Immigration Act 1999 (as amended), to have that Order revoked. The request would need to be founded on some material change in the person’s circumstances which has arisen since the original decision to deport was made. Where such a request is made, the outcome of that request will be that the existing Deportation Order will either be 'affirmed' or 'revoked'.
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.
536. D'fhiafraigh Deputy Aengus Ó Snodaigh den Aire Dlí agus Cirt cén fáth ar dhearbhaigh sí, ar an 13 Iúil 2021, nach bhfuil dualgas a thuilleadh ar ábhar Sáirsint an grád 50% a fháil sa Scrúdú Inniúlachta Béil sa Ghaeilge mar cheann de na cáilíochtaí chun ardú céime a fháil go céim an tSáirsint, agus an Garda Síochána lochtach cheana féin ó thaobh na Gaeilge de, de réir an Choimisinéara Teanga. [54509/21]
Amharc ar fhreagra537. D'fhiafraigh Deputy Aengus Ó Snodaigh den Aire Dlí agus Cirt ar labhair sí leis an Aire Turasóireachta, Cultúir, Ealaíon, Gaeltachta, Spóirt agus Meán faoi chás na Gaeilge sa Gharda Síochána sular ghlac sí an cinneadh ar an 13 Iúil 2021 gan dualgas a bheith ar ábhar Sáirsint a thuilleadh an grád 50% a fháil sa Scrúdú Inniúlachta Béil sa Ghaeilge mar cheann de na cáilíochtaí chun ardú céime a fháil go céim an tSáirsint. [54510/21]
Amharc ar fhreagraMolaim Ceisteanna Uimh. 536 and 537 a fhreagairt le chéile.
Ar an drochuair, níl mé in ann an t-ábhar a sholáthar laistigh den am atá ar fáil. Cuirfidh mé freagra ar aghaidh chuig na Teachta Dála i bhfoirm scríofa sna laethanta amach romhainn.
538. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed by a person (details supplied) and their family to regularise their status; and if she will make a statement on the matter. [54545/21]
Amharc ar fhreagraMy Department has no record of having received an immigration application on behalf of the persons referred to by the Deputy. If they are in the State without an immigration permission, they must engage with the authorities if they wish to be permitted to remain here legally.
As the Deputy may be aware, the Government committed to introducing new pathways to status regularisation within 18 months of its formation. My Justice Plan 2021 contains a commitment to create new pathways for long-term undocumented people and their dependents who must meet specified criteria to regularise their status.
The scheme will provide an opportunity for those who meet its criteria to remain and reside in the State and to become part of mainstream Irish society rather than living on its margins. Successful applicants will receive an immigration permission, access to the labour market and will be able to begin the process of becoming Irish citizens, should they wish to do so. The objective is to ensure that the scheme is as inclusive as possible and my Department has conducted a targeted consultation on the proposed scheme which has provided a valuable opportunity to hear from those affected by the proposed approach to the scheme.
Following the consultation process, my Department continues to work to finalise the details, including eligibility considerations and qualifying criteria, and also to design and manage the practical aspects to enable applications to be made and processed as efficiently as possible. The specific qualifying criteria will be guided by, among other things, the learning from previous regularisation schemes, such as the 2018 Student Scheme, and schemes operated by other EU Member States.
We are now working to finalise the details for the scheme, including eligibility considerations and qualifying criteria, with a view to bringing a proposal to Government and to publish the details of the scheme before the end of this year.
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.
539. 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. [54554/21]
Amharc ar fhreagraAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 6 February 2020. 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.
540. Deputy Jennifer Whitmore asked the Minister for Justice the amount of funding which was set aside in Budget 2021 to purchase new Garda vehicles; the number of new Garda vehicle purchases that were electric vehicles; if not electric, the reason for not purchasing electric vehicles; and if she will make a statement on the matter. [54594/21]
Amharc ar fhreagraI have contacted the Garda authorities for the information sought by the Deputy. Unfortunately, this report was not available in time and I will write to the Deputy directly once the information is to hand.
541. Deputy Niall Collins asked the Minister for Justice if advice can be provided in relation to obtaining a visa to come to Ireland as per a scenario (details supplied); and if she will make a statement on the matter. [54605/21]
Amharc ar fhreagraI can advise the Deputy that it is open to any person to create a visa application at any time. All visa applications must be made using my Department's on-line facility. Upon creating an on-line visa application, the summary sheet must be printed and signed by the applicant and then submitted to the relevant office, along with supporting documentation and the relevant fee, within 30 days. Upon receipt of the necessary documentation and fee, the visa application will be processed.
Covid-19 protocol regulations in the Philippines limit indoor businesses to 30% of capacity and only allow fully vaccinated individuals indoors. As a result, the Irish Honorary Consul General's Office is currently accepting visa applications via courier only. Couriers deliver to the Office daily and I am informed that there have been no reported difficulties with deliveries to the Office. Contact details for the Honorary Consul General can be found at the following link:
www.dfa.ie/embassies/irish-embassies-abroad/asia-and-oceania/philippines/
The type of visa application that would apply in the circumstances outlined by the Deputy would depend on whether the applicant is a spouse of an Irish National or a De Facto partner. Full details on the criteria and guidelines for both types of application can be found on the Irish Immigration website at:
www.irishimmigration.ie/coming-to-join-family-in-ireland/joining-an-irish-national/.
The onus, as in all cases, is on the applicant to satisfy the Visa Officer that a visa should be granted. All visa applicants are advised that they should provide as much information in support of their application as they feel is necessary.
542. Deputy Ivana Bacik asked the Minister for Justice if she has given consideration to a reduction in the cost of applying for citizenship to take account of the duration of residency in Ireland of the applicant; and if the digitisation of immigration services in 2021 will allow for a reduction of some or all application fees. [54778/21]
Amharc ar fhreagraAll fees payable under the Irish Nationality and Citizenship Act 1956, as amended, are kept under ongoing review by my Department. However, there is no provision for the discretionary waiver or reduction of fees, or for different fees to be applied.
The fees charged in respect of applications for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011 and have not increased in the last ten years. The standard certification fee is set at €950. By way of comparison, in the UK, the adult fee has increased from £756 to £1,330 during the same period.
The fee is charged in two parts. The current application fee is €175, payable when an application for naturalisation is lodged. I am informed that the introduction of the application fee had an immediate positive effect on the quality and completeness of applications, which is ultimately to the benefit of all applicants. A certificate fee of €950 is payable to successful applicants when a certificate of naturalisation issues. 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 certificate 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. In addition, the overall fees enabled citizenship ceremonies to be introduced at no additional cost and to develop digital solutions to enhance and speed up the application process.
All non-EEA nationals currently residing in the State are required to pay an annual registration fee of €300. However, once citizenship is granted this registration fee no longer applies.
545. Deputy Róisín Shortall asked the Minister for Health the current position regarding opening hours for pubs as opposed to nightclubs with late licences; if they are allowed to open late again under the current Covid-19 regulations given some publicans are reporting confusion in relation to the current rules; and if he will make a statement on the matter. [54644/21]
Amharc ar fhreagraThe trading hours restrictions that had been placed on public houses and other licensed premises as a result of the Covid-19 pandemic have been removed and normal trading hours now apply.
546. Deputy Michael Lowry asked the Minister for Health when cardiac rehabilitation services in Nenagh General Hospital will be restored (details supplied); and if he will make a statement on the matter. [53959/21]
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.
547. Deputy Aindrias Moynihan asked the Minister for Health the reason a person (details supplied) was refused a medical card; if their application will be re-examined for a medical card to issue given the deteriorating nature of their condition; and if he will make a statement on the matter. [53965/21]
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.
548. Deputy Patrick Costello asked the Minister for Health when legislation recognising international surrogacy alongside retrospective declaration of parentage will be targeted to be published; and if he will make a statement on the matter. [53971/21]
Amharc ar fhreagraAs the Deputy will be aware, drafting of a bill on assisted human reproduction (AHR) and associated areas of research is ongoing by officials in my Department, in conjunction with the Office of the Attorney General. This legislation encompasses the regulation for the first time of a wide range of practices undertaken in this jurisdiction, including domestic altruistic surrogacy.
The draft Bill does not contain provisions to regulate surrogacy arrangements undertaken in other jurisdictions, nor does it provide for retrospective declarations of parentage. Issues which arise from the undertaking of surrogacy arrangements in other jurisdictions and the assignment of retrospective parentage concern areas of law that intersect across the remits of several Government Departments and require detailed examination. My Department is engaging with the Department of Justice and the Department of Children, Equality, Disability, Integration and Youth in respect of these matters.
Overall, the provisions outlined within the Bill will ensure that AHR practices and related areas of research are conducted in a more consistent and standardised way and with the necessary oversight.
549. Deputy Brendan Howlin asked the Minister for Health if his attention has been drawn to a lack of specialist palliative care for paediatric patients in the HSE south east region; his plans to put in place new paediatric palliative consultant post in the region; and if he will make a statement on the matter. [53994/21]
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.
