Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Tuesday, 1 Mar 2022

Written Answers Nos. 573-592

Departmental Funding

Ceisteanna (573)

Dara Calleary

Ceist:

573. Deputy Dara Calleary asked the Minister for Justice if her Department will resume funding for an organisation (details suppled); and if she will make a statement on the matter. [10910/22]

Amharc ar fhreagra

Freagraí scríofa

In early 2021, my Department received a report of concerns regarding the financial management and governance of funding provided by my Department to the organisation in question.  The concerns were also reported to the Charities Regulator at the same time. 

My officials treated these concerns with the utmost seriousness and alerted An Garda Síochána who confirmed the complaints did not disclose any criminal offences.  At the same time, funding for 2021 was put on hold and unspent funding that the organisation had received in 2020 was returned to my Department.  

My Department’s Internal Audit Unit conducted an audit of the financial management procedures in place in the organisation.  The audit examined the effectiveness of the internal financial controls. No instances of fraud or irregularities were identified from the audit work carried out. 

The Internal Audit Unit has made 11 recommendations which must be implemented by the organisation and which, if addressed satisfactorily, will ensure a greater level of control over the operation of the organisation by its Board. This would also provide a greater level of assurance to the Department in relation to the consideration of any future grant funding to the charity.

The organisation in question have reported they are working to put the necessary procedures and policies into effect.

An Garda Síochána

Ceisteanna (574)

Peadar Tóibín

Ceist:

574. Deputy Peadar Tóibín asked the Minister for Justice the number of persons that have been charged in each county or policing authority area in each crime sector in each of the past five years; and the number of prosecutions that have occurred in each county or policing authority area in each crime sector in each of the past five years. [10950/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána. As Minister, I have no role in these independent functions.

I have requested the relevant information from An Garda Síochána, but as the request covers an expansive stretch of time of 5 years and with the complexities around the nature of the request, I have been advised that it would require a disproportionate amount of time and Garda resources to complete the work. Consequently I am unable to provide the information requested to the Deputy.

In relation to the number of prosecutions, I have made appropriate enquiries and the Courts Service have advised that the data requested by the Deputy is published in the Annual Reports of the Courts Service, which are available online at the following link: 

www.courts.ie/annual-report

I am further advised that information for the 2021 Annual Report has not yet been processed, and will be published later in the year.

An Garda Síochána

Ceisteanna (575)

Peadar Tóibín

Ceist:

575. Deputy Peadar Tóibín asked the Minister for Justice the number of speeding checks that have been put in place in each county in each of the past five years; and the number of fines that were imposed in each county for the past five years. [10951/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including Garda operations aimed at preventing and detecting crime. As Minister, I have no direct role in these matters.

Since 2010, An Garda Síochána has contributed to making our roads safer through the use of safety cameras, using a service provider ‘GoSafe’ to operate them on its behalf. The primary purpose of safety cameras is to reduce speed related collisions, lessen injuries and save lives. 

For the Deputy's information, attached is the number of GoSafe Monitoring Deployments by county for the period 2017 - 2021.

GoSafe Monitoring Deployments

The Deputy will also find attached a second table that provides a yearly breakdown per Garda division of the number of instances in which a party was issued with a Fixed Charge Notice for the offence of speeding. The Deputy should note that figures are based on incidents which occurred from 01/01/2016 to 24/02/2022 inclusive and is liable to change.

FCNs for Speeding Offences

An Garda Síochána

Ceisteanna (576)

Peadar Tóibín

Ceist:

576. Deputy Peadar Tóibín asked the Minister for Justice the number of roadside drink driving checks that have been put in place in each county for each of the past five years; and the number of prosecutions that were imposed in each county in the past five years. [10952/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible by law for the management and administration of An Garda Síochána, including the enforcement of road traffic legislation. As Minister, I have no direct role in these matters.

The below table, furnished to me by the Garda authorities, provides a yearly breakdown per Garda division of the number of Mandatory Intoxication Testing Checkpoints carried out for each of the past five years.

Division

2017

2018

2019

2020

2021

Cavan/Monaghan

2541

2034

2600

1923

823

Clare

4810

3298

2307

2744

2876

Cork City

6747

5186

3625

2004

2806

Cork North

7788

5556

6660

5949

5105

Cork West

7135

5120

5130

2885

4435

D.M.R. Eastern

594

563

603

165

168

D.M.R. North Central

440

558

648

357

254

D.M.R. Northern

648

397

575

302

535

D.M.R. South Central

549

408

282

108

127

D.M.R. Southern

584

519

562

843

689

D.M.R. Western

1309

790

969

632

560

Donegal

2416

2111

3100

969

2706

Galway 

5494

4222

4652

1448

1265

Kerry

3447

2733

2722

2014

2782

Kildare 

2879

2324

2220

834

1122

Kilkenny/Carlow

1504

1352

1326

700

943

Laois/Offaly

2769

2136

2183

800

652

Limerick

4506

5354

4282

2790

3227

Louth 

1817

1543

1669

762

187

Mayo

2692

1988

1669

1541

1387

Meath 

1181

1491

1440

577

1231

Roscommon/Longford 

1610

2279

1335

1090

1534

Sligo/Leitrim

1355

1782

2146

1758

1461

Tipperary

5632

4724

4474

1544

2737

Waterford 

1687

1582

1853

1619

1614

Westmeath 

1223

1455

1335

413

805

Wexford 

1936

2102

1925

862

814

Wicklow 

1297

1552

1678

631

464

Total

76590

65159

63970

38264

43309

The Courts Service has also advised that courts statistics are not compiled in such a way as to provide the information sought by the Deputy and that they are unable to provide any material on prosecutions following on from road side checks. 

The below table, furnished to me by the Garda authorities, provides the number of detections for drink-driving offences broken down yearly per Garda division for each of the past five years.

Division

2017

2018

2019

2020

2021

Cavan/Monaghan

362

308

298

236

221

Clare

162

133

106

99

75

Cork City

309

255

227

186

173

Cork North

277

257

220

178

148

Cork West

191

169

165

116

86

D.M.R. Eastern

116

110

97

95

79

D.M.R. North Central

141

122

131

107

95

D.M.R. Northern

285

278

258

256

216

D.M.R. South Central

126

126

86

98

79

D.M.R. Southern

193

182

172

187

129

D.M.R. Western

339

259

320

297

230

Donegal

348

290

338

201

208

Galway 

419

342

336

280

228

Kerry

260

234

230

132

144

Kildare 

317

356

269

175

204

Kilkenny/Carlow

217

186

190

131

101

Laois/Offaly

249

205

210

121

106

Limerick

284

238

225

149

150

Louth 

158

185

155

128

135

Mayo

227

204

156

123

105

Meath 

263

254

242

181

154

Roscommon/Longford 

184

142

98

93

97

Sligo/Leitrim

157

112

110

78

87

Tipperary

339

288

247

189

176

Waterford 

194

159

155

113

117

Westmeath 

204

154

131

100

91

Wexford 

233

223

183

93

117

Wicklow 

138

126

137

105

68

Total

6692

5897

5492

4247

3819

These figures are based on incidents which occurred from 01/01/2017 to 31/12/2021, inclusive. I am advised by the Garda authorities that the above figures are based upon operational data from the Pulse system as was available on 25/02/2022 and is liable to change.

I am further advised that drink-driving detections refer to incidents which have a detection status of ‘Detected’ or ‘Resulted in Proceedings’. I am informed that drug-driving detections are not included in the above figures.

Work Permits

Ceisteanna (577)

Noel Grealish

Ceist:

577. Deputy Noel Grealish asked the Minister for Justice if a Galway-based company that has secured a major contract for specialised work and requires materials and workers from the United Arab Emirates for three months work need a work permit for these short-term contracts; if it needs to apply for individual work permits for each worker; and if she will make a statement on the matter. [10989/22]

Amharc ar fhreagra

Freagraí scríofa

Any non-EEA national who wishes to engage in work in the State must request permission to do so prior to undertaking their travel to the State. 

Under the Atypical Working Scheme (AWS), an immigration permission can be sought for a period of between 15 and 90 days on the basis of work to be undertaken in that time. The terms and conditions of the Scheme, including the application process and relevant required documentation, are available on my Department's website at: 

www.irishimmigration.ie/coming-to-work-in-ireland/what-are-my-work-visa-options/applying-for-a-long-stay-employment-visa/atypical-working-scheme/

  Applications for permission under the Scheme must be made from outside of the State and the applicant is not permitted to enter the State until such time as the application has been approved. 

Applicants are advised that they must allow a minimum of 20 working days for the processing of any application made for permission under the Scheme, from the time of receipt of all in-order documentation and information by my Department. 

In cases where an individual also requires a visa, an application for work permission must be made and approved prior to the visa application being made. Evidence of the approval of the application for work permission must be included with the supporting documentation in the visa application.

An Garda Síochána

Ceisteanna (578)

Niall Collins

Ceist:

578. Deputy Niall Collins asked the Minister for Justice if she will confirm that serving members of An Garda Síochána presently suspended from duty will also receive a 100 Year Anniversary Commemorative Medal; and if she will make a statement on the matter. [11018/22]

Amharc ar fhreagra

Freagraí scríofa

I have requested the information sought by the Deputy from An Garda Síochána, but I have not received this information in time. I will write to the Deputy as soon as the information is to hand.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 578 of 1 March 2022 where you asked:
“To ask the Minister for Justice if she will confirm that serving members of An Garda Síochána presently suspended from duty will also receive a 100 Year Anniversary Commemorative Medal”
As you will recall, I had sought the information you requested from An Garda Síochána and undertook to contact you again once the information was to hand.
As you will be aware, the Garda Commissioner is responsible by law for the management and administration of An Garda Síochána, including commemorative matters. As Minister, I have no direct role.
I am advised by the Garda authorities that the final criteria in respect of who will receive a centenary commemorative medal has not yet been finalised. I am informed that the final tender for the medal should be awarded shortly. Once awarded, discussion will take place within An Garda Síochána on the criteria for receipt of the medal.

Immigration Status

Ceisteanna (579)

Niall Collins

Ceist:

579. Deputy Niall Collins asked the Minister for Justice the number of applications received by her Department for regularisation of undocumented status since the scheme opened to the present day; and if she will make a statement on the matter. [11019/22]

Amharc ar fhreagra

Freagraí scríofa

The Regularisation of Long Term Undocumented Migrants Scheme opened for applications on 31 January 2022. Applications will be accepted for six months until 31 July 2022, when the scheme will close. The scheme is open to those who do not have a current permission to reside in the State and will enable eligible applicants to remain and reside in the State and to regularise their residency status. 

As of 28 February 2022, my Department has received 2,849 applications in respect of 3,570 people. This is a very positive start to the Scheme and I encourage anyone who may be eligible to apply. 

These figures relate to the main strand of the Scheme and not the international protection element, which is being processed separately by the International Protection Office of my Department.

Full details regarding the qualifying criteria, a Frequently Asked Questions (FAQ) document and the required documentation for the Scheme is available on my Department's website at: www.irishimmigration.ie/regularisation-of-long-term-undocumented-migrant-scheme/. 

Gender Equality

Ceisteanna (580)

Niamh Smyth

Ceist:

580. Deputy Niamh Smyth asked the Minister for Justice the progress made on the equality objectives of her Department specifically in relation to women. [11078/22]

Amharc ar fhreagra

Freagraí scríofa

My Department is strongly committed to equality of opportunity in all its employment practices. As an employer, the Department is guided by the Civil Service Diversity Policy and its obligations under equality legislation, particularly the Employment Equality Acts 1998-2015, which outlaw discrimination in a wide range of employment and employment-related areas, including recruitment and promotion; equal pay; working conditions; learning opportunities; dismissal and harassment including sexual harassment.

I am pleased to inform the Deputy that my Department's Gender Pay Gap Report will be launched next Tuesday, March 8, at a special staff event to mark International Women's Day 2022.

As the Deputy will be aware, Section 42 of the Irish Human Rights and Equality Commission Act 2014 places a positive duty on public sector bodies to have regard for the need to eliminate discrimination, promote equality, and protect the human rights of employees, customers, service users and everyone affected by their policies and plans. This is known as our ‘Public Sector Equality and Human Rights Duty’. My Department established a dedicated Equality, Diversity, Inclusion and Public Sector Duty Committee to oversee our adherence to the public sector duty and to devise, oversee and promote equality, diversity and inclusion for my Department.

Through its day to day work, my Department continues to value and promote equality and human rights, whether in delivering key public services, developing policy and legislation in an inclusive human rights compliant manner, or in doing our work in an efficient, fair manner with integrity and respect for human dignity.

I am pleased to inform the Deputy that my Department’s first Equality, Diversity and Inclusion (EDI) Strategy is due to be published this month and will be central to our mission of working for a safe, fair, inclusive Ireland, and to fulfilling our public sector duty obligations.

The development of the Strategy involved broad consultation with our internal stakeholders as well as engagement with external stakeholders with an expertise in human rights and equality issues.  The objectives of our EDI Strategy will focus on: achieving better policy outcomes and improving the accessibility and quality of our services; supporting the development of a skilled and diverse workforce and building and embedding a workplace culture which facilitates & encourages contributions from all.

My Department is leading the development across Government of the Third National Strategy on Domestic, Sexual and Gender-based Violence (DSGBV), with valued input from victims and survivors as well as those working in the frontline.  The new Strategy recognises that while both men and women can be victims/survivors, women and girls are affected disproportionately as a manifestation of historically unequal power relations between men and women. As a result, there is an emphasis within the Strategy on meeting the needs of women and girls.

The Strategy will be underpinned by clear actions, timelines, effective governance and accountability mechanisms. It will be resourced as it should be, and its goal is clear: zero tolerance in Irish society for domestic, sexual and gender based violence.

As the Deputy may be aware, I intend to publish a Bill before Easter which will create new criminal offences for stalking and for non-fatal strangulation. A new Hate Crime Bill which will introduce new, specific aggravated offences with enhanced penalties for crimes motivated by prejudice against certain characteristics, including gender, will be published in the summer.  This will mean that certain types of crimes can be prosecuted as hate crimes where they are motivated by misogyny.

I am continuing to drive forward the implementation of Supporting a Victim’s Journey, which is a detailed action plan for delivering all of the 52 recommendations made in the O’Malley report. This will make our criminal justice system one that better protects and supports vulnerable victims. To date, a number of key actions have been delivered, including:

- The introduction of Preliminary trial hearings;

- Work to advance specialist training for legal professionals and all who will come into contact with a victim is underway;

- The nationwide rollout of Divisional Protective Services Units and the establishment of a new sexual offences unit in the Office of the Director of Public Prosecutions;

- A number of legislative reforms are also being advanced, and,

- Increased funding has been provided to frontline service providers to address the gaps in service provision identified on foot of a review undertaken.

I am pleased with the progress made to date in delivering on Supporting a Victim’s Journey, and will continue to prioritise this vital work.

Residency Permits

Ceisteanna (581)

Bernard Durkan

Ceist:

581. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for residency in the case of a person (details supplied); when a decision will issue; and if she will make a statement on the matter. [11102/22]

Amharc ar fhreagra

Freagraí scríofa

In response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted to my Department on behalf of the person concerned. These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.

It is also noted that this person has an application to the Undocumented Migrant Regularisation Scheme. Processing times for this scheme may vary depending on the complexity of the applications and the overall number of applications received by Immigration Service Delivery for the scheme.

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.  

Immigration Policy

Ceisteanna (582)

Dara Calleary

Ceist:

582. Deputy Dara Calleary asked the Minister for Justice the status of new immigration laws (details supplied). [11103/22]

Amharc ar fhreagra

Freagraí scríofa

In replying to this question, it is assumed that the Deputy is referring to the Regularisation of Long Term Undocumented Migrants Scheme.

The Regularisation of Long Term Undocumented Migrants Scheme opened for applications on 31 January 2022. Applications will be accepted for six months until 31 July 2022, when the scheme will close. The scheme is only open to those who do not have a current permission to reside in the State and will enable eligible applicants to remain and reside in the State and to regularise their residency status.  

Full details regarding the qualifying criteria, a Frequently Asked Questions (FAQ) document and the required documentation for the Scheme is available on the Department's website at: www.irishimmigration.ie/regularisation-of-long-term-undocumented-migrant-scheme/.

The International Protection strand of the scheme opened for applications on 7 February 2022. Applications will be accepted for six months until 7 August 2022, when this strand of the scheme will close. Full details regarding the qualifying criteria, a Frequently Asked Questions (FAQ) document and the required documentation for the Scheme is also available on: www.ipo.gov.ie/en/ipo/pages/whatsnew

Immigration Policy

Ceisteanna (583)

Louise O'Reilly

Ceist:

583. Deputy Louise O'Reilly asked the Minister for Justice if additional staff have been deployed to ensure there are no prolonged delays for workers undergoing the new enhanced background check given such delays cause difficulties for workers and business alike; and if she will make a statement on the matter. [11213/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, enhanced background check requirements are now in place for persons working in restricted areas in airports in line with updated European regulatory requirements.   

The measure is aimed at mitigating the potential threats to civil aviation from terrorism and to protect civil aviation from risk of unlawful interference.

I can inform the Deputy that An Garda Síochána, in conjunction with stakeholders, has over the past year worked with the Department of Transport to ensure the necessary measures are in place to facilitate implementation of the Regulation.

This work has included a review of the arrangements across all stakeholders to ensure efficiency in processing these enhanced checks.  I am aware that this includes additional personnel being assigned to the necessary processing areas in An Garda Síochána.  I understand that implementation of these background checks is subject to ongoing monitoring and review in conjunction with the State bodies concerned.

Gambling Sector

Ceisteanna (584)

Paul Donnelly

Ceist:

584. Deputy Paul Donnelly asked the Minister for Justice if the recruitment search for a new Chief Executive Officer for the Gambling Regulatory Authority of Ireland will be launched outside the State. [11241/22]

Amharc ar fhreagra

Freagraí scríofa

Last October, the Department of Public Expenditure and Reform sanctioned the recruitment of the CEO Designate of the Gambling Regulatory Authority of Ireland, and the process is now underway.

The Public Appointments Service is managing the recruitment in conjunction with an Executive Search Agency. Applications for the position of CEO Designate opened on 25 February 2022, and will remain open until 3:00pm on 21 March 2022. All eligible candidates are encouraged to apply. Full details of eligibility requirements including citizenship criteria are included in the candidate booklet.

The Programme for Government gives a clear commitment to establish a gambling regulator focused on public safety and well-being, covering gambling online and in person, and the powers to regulate advertising, gambling websites and apps.

The Government has approved the Gambling Regulation Bill for priority drafting and publication.

The Bill will set out the framework and legislative basis for the establishment of a new independent, statutory body – the Gambling Regulatory Authority of Ireland – to implement a robust regulatory and licensing regime for the gambling sector. Drafting of the Bill is now underway.

The General Scheme has been referred to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny.

A Programme Board has been established to ensure that the legislation and the operational preparations are progressed in parallel so that the Authority commences operations as soon as possible after enactment. There is a pathway mapped for this legislation progressing, which will facilitate the Authority being established and operational in 2023.

Policing Authority

Ceisteanna (585)

Paul Donnelly

Ceist:

585. Deputy Paul Donnelly asked the Minister for Justice the number of gardaí that successful completed the HGV course in 2021 and to date in 2022, in tabular form. [11242/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including Garda training. As Minister, I have no direct role in these matters.

I am informed by the Garda authorities that the HGV training course is considered to be a specialised programme and is only provided occasionally and to a small number of Garda members on receipt of a business case for same. 

I am further informed that no Garda members have completed the HGV training course in 2021 and to date in 2022.

Policing Authority

Ceisteanna (586)

Paul Donnelly

Ceist:

586. Deputy Paul Donnelly asked the Minister for Justice the number of gardaí by rank assigned to each divisional scenes of crime unit as of 30 June 2020 and 21 February 2022, in tabular form. [11243/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for the management and administration of An Garda Síochána.  Further, the allocation of Garda resources is made in light of identified operational demands.  This includes deployment of personnel among the various Garda Divisions. As Minister, I have no role in these matters.

I am assured, however, that Garda management keeps this distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use.  I understand that it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her, having regard to the profile of each area within the Division and its specific needs.

The table following, which has been provided to me by the Garda authorities, sets out the number of gardaí by rank assigned to each Divisional Scenes of Crime Unit at 30 June 2020 and 21 February 2022. 

Division

Garda Rank

30/06/2020

21/02/2022

Kildare

Sergeant

1

1

Kildare

Garda

3

4

Laois/Offaly

Sergeant

1

1

Laois/Offaly

Garda

3

3

Meath

Sergeant

1

1

Meath

Garda

4

4

Waterford/Kilkenny/Carlow

Garda

7

Westmeath

Sergeant

1

1

Westmeath

Garda

6

6

Wexford

Garda

4

4

Wicklow

Garda

4

4

Kildare

Sergeant

1

1

Kildare

Garda

3

4

Donegal

Sergeant

1

1

Donegal

Garda

5

4

Galway

Sergeant

1

0

Galway

Garda

5

5

Louth

Sergeant

1

0

Louth

Garda

3

4

Cavan/Monaghan

Garda

4

4

Sligo/Leitrim

Sergeant

1

1

Sligo/Leitrim

Garda

5

4

Mayo

Sergeant

0

0

Mayo

Garda

2

2

Roscommon/Longford

Sergeant

1

1

Roscommon/Longford

Garda

3

3

Tipperary

Garda

5

3

Cork City

Sergeant

1

1

Cork City

Garda

6

6

Cork West

Garda

3

3

Kerry

Sergeant

1

1

Kerry

Garda

5

5

Cork North

Garda

4

4

Clare

Detective Inspector

1

1

Clare

Sergeant

1

1

Clare

Garda

4

4

Limerick

Sergeant

1

1

Limerick

Garda

5

4

DMR West

Sergeant

1

1

DMR West

Garda

11

10

DMR South

Sergeant

1

1

DMR South

Garda

8

8

DMR South Central

Sergeant

1

1

DMR South Central

Garda

9

9

DMR East

Sergeant

1

0

DMR East

Garda

6

5

DMR North Central

Garda

7

6

DMR North

Garda

7

7

Naturalisation Applications

Ceisteanna (587)

Jim O'Callaghan

Ceist:

587. Deputy Jim O'Callaghan asked the Minister for Justice if consideration will be given on humanitarian grounds to allowing the appeal against the decision not to grant naturalisation to a person (details supplied). [11311/22]

Amharc ar fhreagra

Freagraí scríofa

The 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. 

Section 15A of the 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 three 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 two years (i.e. three years in total).

The documentation submitted with the application for the person referred to by the Deputy has disclosed that at the date of application they did not have the three years required residency. The period from the date of their entry to the island of Ireland until the date of the application for citizenship was less than three years and, therefore, their application for naturalisation has been deemed ineligible.

There is no provision for an appeals process under the legislation. 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.

Naturalisation Applications

Ceisteanna (588)

Michael Healy-Rae

Ceist:

588. Deputy Michael Healy-Rae asked the Minister for Justice the status of a citizenship application by a person (details supplied); and if she will make a statement on the matter. [11489/22]

Amharc ar fhreagra

Freagraí scríofa

Applications for naturalisation received by my Department are processed in chronological order. The application for the person referred to by the Deputy will be registered in the coming weeks. Following initial assessment of the application, an application reference number will be issued by my Department. 

My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times. From the beginning of this year, applicants are also no longer required to submit their original passport with their initial application.

In 2021, my Department issued 11,512 citizenship decisions, which is the highest number of decisions made since 2015, and reflects positively the significant changes undertaken to date. Additional staff have also been assigned to the citizenship team. Based on these measures, my Department's objective is to achieve an improved timeframe of 6-9 months for decisions on a majority of applications during 2022.

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.

Naturalisation Applications

Ceisteanna (589)

Catherine Murphy

Ceist:

589. Deputy Catherine Murphy asked the Minister for Justice the status of an application for citizenship by a person (details supplied); and the date on which citizenship may be granted to the person. [11553/22]

Amharc ar fhreagra

Freagraí scríofa

The application for a certificate of naturalisation from the person referred to by the Deputy 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. 

My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.

Last year, my Department made 11,512 citizenship decisions, which is the highest level since 2015.  Additional staff have also been assigned to the citizenship team.  Based on these measures, my Department's objective is to achieve an improved timeframe of 6-9 months for decisions on a majority of applications during 2022. 

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.

Naturalisation Applications

Ceisteanna (590)

Catherine Murphy

Ceist:

590. Deputy Catherine Murphy asked the Minister for Justice the status of an application for citizenship by a person (details supplied); and the date on which citizenship may be granted to the person. [11554/22]

Amharc ar fhreagra

Freagraí scríofa

The application for a certificate of naturalisation from the person referred to by the Deputy 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.

During this time, it is important that the person maintains their immigration permission and takes all appropriate steps to renew their permission to be in the State.

In accordance with the Irish Nationality and Citizenship Act 1956, as amended, an applicant must have had a period of one year’s continuous reckonable residence in the State immediately before the date of the application. As the person concerned has already submitted their application, the six weeks absence rule no longer applies. They should, however, contact my Department at: citizenshipinfo@justice.ie, if they intend to remain outside of the State for an extended period of time.

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. 

My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.

Last year, my Department made 11,512 citizenship decisions, which is the highest level since 2015.  Additional staff have also been assigned to the citizenship team.  Based on these measures, my Department's objective is to achieve an improved timeframe of 6-9 months for decisions on a majority of applications during 2022. 

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.

Departmental Correspondence

Ceisteanna (591)

Barry Cowen

Ceist:

591. Deputy Barry Cowen asked the Minister for Justice the policy instructions or policy documents that she has brought to the attention of An Bord Pleanála since coming into office. [11603/22]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that I have not brought any policy instructions or policy documents to the attention of An Bord Pleanála since I have come into office.

Prison Service

Ceisteanna (592, 594, 601)

Peter Burke

Ceist:

592. Deputy Peter Burke asked the Minister for Justice the policy for early release of prisoners from prison; and if she will make a statement on the matter. [11636/22]

Amharc ar fhreagra

Peter Burke

Ceist:

594. Deputy Peter Burke asked the Minister for Justice the terms under which prisoners are released early from their prison terms; and if she will make a statement on the matter. [11638/22]

Amharc ar fhreagra

Patrick Costello

Ceist:

601. Deputy Patrick Costello asked the Minister for Justice when the last time the rules for temporary release sheets were reviewed; and when the next review is due to take place. [11660/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 592, 594 and 601 together.

I can advise the Deputy that the legislative basis for temporary release is set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003.  All applications for temporary release are assessed by the Irish Prison Service on a case-by-case basis.  It is important to note that the safety of the public is paramount when decisions on temporary release are being made.   

Before a final determination is made a number of factors are taken into account including -

- the nature and gravity of the offence to which the sentence relates

- the sentence concerned and any recommendation made by the Court in relation to the sentence imposed

- the person's previous criminal record

- the potential threat to the safety and security of the public should the person be released

- the risk that  the person might commit an offence during any period of temporary release

- the risk of the person failing to comply with any of the conditions of temporary release

All temporary releases are subject to conditions and any offender who breaches his or her conditions may be arrested and returned to prison immediately by the Gardaí or may be refused another period of temporary release.  The conditions for Temporary Release are set out in Statutory Instrument No 680/2004 (Temporary release) Rules 2004 and there are no plans to review the rules at this time.

The Irish Prison Service is working towards the objective of ensuring that all prisoners released early from custody are placed on an appropriately structured programme of temporary release.

In this regard, the Community Return Scheme is an initiative whereby carefully selected prisoners, serving sentences between 1 year and 8 years, can be granted reviewable temporary release coupled with a requirement to do community service work such as painting, gardening or graffiti removal in a supervised group setting under the supervision of the Probation Service.    

The type of work involved is intended to assist the community and the scheme is involved with a large number of charitable organisations and local community groups. 

In addition to Community Return, a Community Support Scheme has also been introduced to reduce recidivism rates of short term prisoners by arranging for additional support structures post release and by providing for a more structured form of temporary release.

Barr
Roinn