Tuesday, 22 Mar 2022

Written Answers Nos. 744-750

An Garda Síochána

Ceisteanna (744)

Peadar Tóibín

Ceist:

744. Deputy Peadar Tóibín asked the Minister for Justice the number of gardaí sacked or dismissed in each of the past ten years and to date in 2022, in tabular form. [14055/22]

Freagraí scríofa

Minister for Justice

I have sought the information requested by the Deputy from the Garda authorities, however, the information was not available in time. I will write to the Deputy once the information is to hand. 

The following deferred reply was received under Standing Order 51

I refer to Parliamentary Question No. 744 of 23 March 2022 where you asked: ‘The number of Gardaí sacked or dismissed in each of the past ten years and to date in 2022, in tabular form.’

As you will recall, I sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand.

As you will be aware, the Garda Commissioner is responsible under the Garda Síochána Act 2005 (as amended) for the management and administration of An Garda Síochána. The Commissioner is also responsible for the maintenance of Garda discipline under the Garda Síochána (Discipline) Regulations 2007 (as amended). As Minister, I have no direct role in internal Garda HR matters.

The Act provides that the Commissioner may dismiss members of the rank of Inspector or below with the consent of the Policing Authority if, in the Commissioner’s opinion, by reason of the member’s conduct (which includes any act or omission), his or her continued membership would undermine public confidence in the Garda Síochána, and the dismissal of the member is necessary to maintain that confidence.

A person who holds the office of Assistant Garda Commissioner, Chief Superintendent or Superintendent may be removed from office by the Authority, but only for stated reasons related solely to policing services.

A person holding the office of Commissioner or Deputy Commissioner may only be removed from office by Government for stated reasons under the Act.

The Commissioner may dispense with the services of Probationer Gardaí who are unable to successfully complete the Garda Foundation Training Programme, or who are otherwise found to be unsuitable to be retained, under the Garda Síochána (Admissions and Appointments) Regulations 2013.

The table below shows the number of Gardaí (including Probationer Gardaí) dismissed in each of the past ten years and to date in 2022.

Dismissal Year	Garda Members	Reserves	Total
2022*	0	0	0
2021	3	1	4
2020	3	0	3
2019	12	2	14
2018	2	0	2
2017	1	1	2
2016	0	4	4
2015	2	2	4
2014	0	1	1
2013	2	2	4
2012	3	1	4
Total	28	14	42

*Information valid to 28 April 2022, operational and subject to change.

Visa Applications

Ceisteanna (745)

Bríd Smith

Ceist:

745. Deputy Bríd Smith asked the Minister for Justice her views on the financial and employment contributions that non-European Union students have made during long periods of study in this country; if her attention has been drawn to the fact that many students would welcome the opportunity to obtain long-term residency stamp 4 visas in recognition of these contributions given they are ready to invest in Ireland; if she will consider extending a scheme similar to the regularisation of long term undocumented migrants scheme to non-European Union graduates that have spent a substantial amount of time here; and if she will make a statement on the matter. [14062/22]

Freagraí scríofa

Minister for Justice

I recognise the difficulties that Covid-19 has had on everyone in the country, including our international student population. From the outset of the pandemic, my Department and I have worked to provide assistance and assurance to people who use our immigration services. Since the pandemic was declared in March 2020, I have provided nine temporary extension of immigration and international protection permissions to 31 May 2022.

My Department has responsibility for immigration-related matters, including the entry and residence conditions of non-EEA students, who are granted a Stamp 2 immigration permission, and continually consults and engages with the Department of Enterprise, Trade and Employment and the Department of Further and Higher Education, Research, Innovation and Science, among other key sectorial stakeholders, in this area.

A student's primary purpose for being in the State is to study. However, since April 2001, non-EEA students with an immigration Stamp 2 permission, and who are enrolled on courses with education providers listed on the Interim List of Eligible Programmes (ILEP) including English language courses, have been afforded the opportunity to work.

This allows them to take up casual employment to supplement their income while studying in Ireland. During term time, non-EEA students can work up to 20 hours per week and during normal college holiday periods they can work on a full time basis up to 40 hours per week.

All applicants for permission to study in Ireland must show that they have sufficient funds to support their stay in Ireland without recourse to public funds, or the reliance on casual employment.

The Stamp 2 permission will typical expire shortly after the conclusion of the course. The person will then need to apply for an employment permit, leave the state or seek a change of permission to a Stamp 1G , if they met the criteria.

A Stamp 1G indicates that a person has permission to look for employment in the State under the Third Level Graduate Programme. When an applicant has completed their studies in Ireland and gained an award at Level 8 on the National Framework of Qualifications (NFQ) or above, that person may qualify for a Stamp 1G for 12 months. Where an individual receives an award at Level 9 NFQ, they may qualify for a Stamp 1G for up to 24 months subject to the overall limit of 8 years on student conditions that applies. Graduates at level 9 NFQ or above who qualify for a Stamp 1G permission will be granted the permission for 12 months initially, further details are available on my Department's website at https://www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/third-level-graduate-programme/.

Where an individual has obtained employment and prior to the expiry of their Stamp 1G permission, it is open to the employer to submit an application for an employment permit subject to meeting the criteria. Further details available are available at: www.enterprise.gov.ie. A person must hold a critical skills employment permit for 2 years or a general employment permit for 5 years before eligibility for a Stamp 4 immigration permission arises.

Additionally, it is open to any student that is in the State in an undocumented situation to make an application to the Regularisation of Long Term Undocumented Migrants scheme, if they meet the published qualifying criteria. This is a once in a generation scheme and I encourage all those who are eligible to make an application prior to the closing of the scheme on 31 July 2022.

Naturalisation Applications

Ceisteanna (746, 747, 748, 749)

Thomas Gould

Ceist:

746. Deputy Thomas Gould asked the Minister for Justice the total number of persons that have been granted a certificate of naturalisation pursuant to section 16 of the Irish Nationality and Citizenship Act 1956 in the past five years and in the past 12 months. [14088/22]

Thomas Gould

Ceist:

747. Deputy Thomas Gould asked the Minister for Justice the number of persons that have been granted citizenship pursuant to section 16 by reason of Irish descent in the past five years and in the past 12 months. [14089/22]

Thomas Gould

Ceist:

748. Deputy Thomas Gould asked the Minister for Justice the number of persons that have been granted citizenship pursuant to section 16 by reason of Irish association in the past five years and in the past 12 months. [14090/22]

Thomas Gould

Ceist:

749. Deputy Thomas Gould asked the Minister for Justice the number of persons that have been granted citizenship pursuant to section 16 by reason of Irish association based on Irish ascent in the past five years and in the past 12 months. [14091/22]

Freagraí scríofa

Minister for Justice

I propose to take Questions Nos. 746, 747, 748 and 749 together.

Statistics are not compiled or maintained in the manner requested by the Deputy, i.e. whether an application was granted based on Irish Association by Descent or Ascent other than in the case of applications in respect of a minor of Irish descent or Irish associations or a refugee.

The retrieval of the data requested would require a case by case examination of all applications received during the timeframe specified, approximately 60,000 applications. This would represent a significant diversion of resources from day to day processing. 

To be of some assistance to the Deputy, the table below provides a breakdown of the number of certificates issued under Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, from the information readily available to my Department.

Year	Refugee (S 16 (1) (g)	Minor application based on Irish Association (Form 10) (S 16.(1) (b) )	Minor application where the adult applicant is a naturalised Irish citizen acting on behalf of their minor child (S 16 (1) (c )
2017	68	25	1314
2018	37	38	1147
2019	66	9	845
2020	122	6	473
2021	410	13	884
2022	222	9	28

Section 16 of the 1956 Act, as amended, provides the discretion to waive the statutory conditions in certain circumstances, including where the applicant is of Irish descent or Irish associations (defined as related through blood, affinity or adoption to a person who is or is entitled to be an Irish citizen).  

There is no right or entitlement to have any of the statutory conditions waived even where the applicant comes within the certain circumstances defined. This discretion is used very rarely and only under the most exceptional and compelling circumstances.

Question No. 747 answered with Question No. 746.

Question No. 748 answered with Question No. 746.

Question No. 749 answered with Question No. 746.

Family Reunification

Ceisteanna (750)

Niall Collins

Ceist:

750. Deputy Niall Collins asked the Minister for Justice if the case of a person (details supplied) will be considered on humanitarian grounds and a wider family reunification facilitated in view of the circumstances; and if she will make a statement on the matter. [14120/22]

Freagraí scríofa

Minister for Justice

The Afghan Admission Programme enabled current or former Afghan nationals living legally in Ireland to apply to have their close family members, who are living in Afghanistan or who have recently fled to eligible territories bordering Afghanistan, to apply for temporary residence in Ireland. The eligible neighbouring countries are: Iran, Pakistan, Turkmenistan, Uzbekistan and Tajikistan.

The Programme closed for applications on 11 March 2022.

I can confirm that the person referred to by the Deputy has made an application under this Programme. All applications received by my Department are currently being examined with decisions expected to issue to all applicants in the coming months.