Written Answers Nos. 351-360
352. Deputy Brendan Smith asked the Minister for Justice the progress to date in preparing legislation relevant to community-based CCTV; the likely timeline for the enactment of such legislation; and if she will make a statement on the matter. [13638/22]
Amharc ar fhreagraAs the Deputy will be aware, the rollout of community CCTV schemes across the country has benefitted many communities, helping people to feel safer in their local areas. It is a priority for my Department to ensure that community groups continue to be supported in their valued contributions to their local CCTV schemes whilst ensuring sufficient, proportionate oversight of data protection statutory considerations.
Since 2017, my Department has administered a grant aid scheme supporting groups wishing to establish a community-based CCTV system in their area. Eligible groups, including community groups and local authorities nationwide, can apply for grant aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum total of €40,000.
The CCTV grant scheme was extended in 2019 to cover not only new CCTV systems but to also provide funding for the extension or upgrade of existing CCTV systems which are incomplete or obsolete. Applicants may now also seek a once-off grant of up to €5,000 for minor maintenance costs. Support and assistance for those running CCTV schemes is available by contacting: fundsadmin-comm-based-cctv@justice.ie
Community-based CCTV is governed by Section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI 289 of 2006). This legal framework requires that any proposed community CCTV scheme must:
- be approved by the local Joint Policing Committee,
- have the prior support of the relevant local authority, which must also act as data controller, and
- have the authorisation of the Garda Commissioner.
This is the legal basis for all community CCTV schemes, regardless of how they are funded. These key legal requirements have not changed since 2006.
As the Deputy will be aware, the Data Protection Commission have carried out an in-depth, independent review of community CCTV schemes.
My Department is currently working on a new Bill relating to Garda powers to use modern digital technology including body worn cameras, ANPR and CCTV. As part of that Bill, it is intended to repeal Section 38 mentioned above and to replace it with new CCTV provisions that will address the Data Protection Commission’s concerns and ensure that CCTV legislation is fully GDPR compliant going forward.
The General Scheme of this Garda Síochána (Digital Recording) Bill was approved by the Government and published on the 29th April 2021. The General Scheme was sent to the Office of Parliamentary Counsel for formal drafting, and drafting is continuing. It is my intention to publish the Bill by the end of April 2022 and to complete its passage through the Oireachtas later this year.
353. Deputy Michael Ring asked the Minister for Justice if there is any update in relation to the possible amending of the Civil Liability Act 1961 and in particular Section 48 (details supplied). [13667/22]
Amharc ar fhreagraAt the outset, I want to record my sympathy for all those affected by issues arising from CervicalCheck. I have previously met with the 221+ Patient Support Groups and they explained their concerns to me in relation to a number of matters, including issues raised by the Morrissey v HSE case relating to the Civil Liability Act 1961.
In the Morrissey v HSE case, the Supreme Court held that the dependents of a plaintiff who has brought an action for personal injury cannot, while the plaintiff is still alive, claim for the future loss of services which the plaintiff might have been expected to provide for his or her family. The Court stated that if the law in this area is to be changed, it would have to be done by way of legislation, rather than by an evolution in the case-law.
A personal injury action may be brought by an injured person, or a wrongful death action may be brought under section 48 of the Civil Liability Act 1961 by his or her dependents after his or her death, but it is not possible for both of these actions to be brought arising from the same wrongful act.
These issues are under ongoing examination within my Department.
354. Deputy Catherine Murphy asked the Minister for Justice if she has or will grant additional funding to An Garda Síochána to fuel the Garda fleet in 2022 in the context of escalating fuel costs. [13672/22]
Amharc ar fhreagraAs the Deputy will be aware, in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. As Minister, I have no direct role in these matters.
The resources provided by the Government to An Garda Síochána have reached unprecedented levels, with an allocation of over €2 billion in Budget 2022 in funding, which includes €12 million for investment in the Garda fleet and €20.5 million for maintenance and running costs.
I am assured, however, that Garda management keeps the budget under continual review throughout the year, including in relation to increases in fuel or running costs for the Garda Fleet.
355. Deputy Pa Daly asked the Minister for Justice her views on the European Union Commission’s guidance (details supplied) on border controls given the Russian invasion of Ukraine. [13715/22]
Amharc ar fhreagraThe EU Commission guidelines the Deputy refers to are intended to assist those Member States bordering Ukraine. The guidance is focused on the measures available to those Member States in order to ensure the effective and efficient management of the crossing of persons fleeing Ukraine through the borders with Poland, Slovakia, Hungary and Romania and to avoid congestions at and around the borders, while maintaining a high level of security for the entire Schengen area.
While we do not have a border with Ukraine, I fully support all efforts to ensure an effective and efficient crossing of all people fleeing Ukraine to seek safety. I welcome the focus on simplifying border control for certain categories of persons, including especially vulnerable persons, such as children and others.
On 25 February, I announced the immediate lifting of visa requirements between Ukraine and Ireland.
This has streamlined and supported the swift exit of both the Ukrainian family members of Irish citizens, and the family members of people from Ukraine who are resident in Ireland. It applies as an emergency measure to all Ukrainians travelling to Ireland and is a humanitarian response to the rapidly evolving situation in Ukraine.
While immigration services and airlines must be satisfied as to the identity of a person presenting at a border, carriers have been asked to accept Government issued identity documents, not usually acceptable for international travel, in lieu of a national passport: including, for example, National ID Cards, Birth Certificates, Internal Passports and expired passports.
The immigration staff of my Department are working closely with the Department of Foreign Affairs, the Department of Transport and air carriers on these matters.
356. Deputy Carol Nolan asked the Minister for Justice the response of her Department to the Ukrainian war crisis; and if she will make a statement on the matter. [13727/22]
Amharc ar fhreagraOn 25 February, as an immediate response to the Russian invasion of Ukraine, I announced the lifting of visa requirements for Ukrainian citizens travelling to Ireland. This has streamlined and supported the swift exit of both the Ukrainian family members of Irish citizens, and the family members of people from Ukraine who are resident in Ireland. It applies as an emergency measure to all Ukrainians travelling to Ireland.
Immigration authorities have requested carriers not to refuse boarding to anyone fleeing Ukraine if they have concerns about documentation without first contacting immigration authorities in Ireland.
I attended an extraordinary meeting of Interior/Home Affairs Ministers on 27 February 2022, which was called to discuss the escalating situation in Ukraine, and at a further meeting on 3 and 4 March, it was agreed to activate the EU Temporary Protection Directive to grant temporary protection to displaced persons from Ukraine.
The Directive has been given legal effect under Section 60 of the International Protection Act 2015.
Those fleeing the conflict in Ukraine will generally be eligible for this temporary protection, initially for one year and on a renewable basis. It will provide beneficiaries with immediate access to the labour market, along with access to social welfare, accommodation and other State supports.
A whole-of-Government response is being mobilised to implement the practical arrangements to give effect to these commitments.
Beneficiaries will be provided with their permission letter on arrival in the State to ensure early access to all necessary supports. My Department has now put a system in place to issue them for people arriving into Dublin Airport, and arrangements will be put in place as soon as possible to provide letters to those who arrived in recent days.
Arrangements for the registration of the permission will be put in place in due course. All necessary steps will be taken to ensure that the process is as simple and stress-free as possible.
I can assure the Deputy that my Government colleagues and I will continue to work with our EU counterparts on any further EU-wide measures that might be needed to assist those fleeing Ukraine.
357. Deputy Cian O'Callaghan asked the Minister for Justice the status of a visa application by a person (details supplied); and if she will make a statement on the matter. [13741/22]
Amharc ar fhreagraThe person referred to by the Deputy created an on-line 'Visit' visa application on 6 January 2022. The supporting documentation and fee were received on 29 January 2022 and subsequently sent to my Department's Dublin Visa Office for processing.
Processing of this application is ongoing at present. Each application is examined under its own merits and the applicant can be assured that there will be no avoidable delay in finalising their application. The applicant will be contacted in writing as soon as a decision has been reached.
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.
358. Deputy Bernard J. Durkan asked the Minister for Justice when an entry visa for the purpose of taking up employment will issue in the case of a person (details supplied); and if she will make a statement on the matter. [13795/22]
Amharc ar fhreagraThe visa application for the person referred to by the Deputy was refused by the Visa Office in New Delhi on 25 November 2021. The reasons for this decision were set out in the refusal letter sent to the applicant at that time. An appeal of this decision was made on 11 February 2022.
Appeals for applications of this type are processed in the order in which they are received, to be fair to all applicants. 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.
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 in this regard are posted on the my Department's Irish Immigration website (www.irishimmigration.ie).
Processing times and decisions at the Overseas Visa Offices can be checked at the webpage for the relevant office.
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.
359. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [13796/22]
Amharc ar fhreagraApplications 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.
It is open to the person concerned to contact the Citizenship Division of my Department at: citizenshipinfo@justice.ie. They should quote their reference number when received in all further correspondence with 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.
360. 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. [13797/22]
Amharc ar fhreagraThe citizenship application of the person referred to by the Deputy was approved and their Certificate of Naturalisation was issued by my Department on 21 December 2021.
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.
