Written Answers Nos. 399-411
399. Deputy Brendan Howlin asked the Minister for Justice the requirements for a visa to remain in Ireland for non-EEA students who have completed a master's degree course in an Irish university; and if she will make a statement on the matter. [22206/22]
Amharc ar fhreagraIreland welcomes international students who wish to live here in order to pursue a full-time course of study.
For students who have completed a master's degree programme, Level 9 on the National Framework of Qualifications (NFQ), it is open to them to make an application at their local immigration office for a Stamp 1G. A Stamp 1G may be granted for up to 24 months subject to the overall limit of 8 years on student conditions that apply. Graduates at level 9 NFQ or above who qualify for a Stamp 1G permission will be granted the permission for 12 months initially.
A Stamp 1G indicates that a person has permission to look for employment in the State under the Third Level Graduate Programme. The Stamp 1G is granted for 12 months to ensure that such students are making genuine efforts to access suitable graduate level employment, for example, attending job interviews or signing up with graduate employment agencies.
Where a student on a Stamp 1G secures employment or an offer of employment, it is open to the employer to make an application to the Department of Enterprise, Trade and Employment for an employment permit on their behalf.
Any student wishing to remain in the State following the expiry of their Stamp 1G permission must have secured an employment permit or some other immigration permission.
400. Deputy Thomas Pringle asked the Minister for Justice the alternative identification that can be used to finalise a citizenship application by a person (details supplied); and if she will make a statement on the matter. [22210/22]
Amharc ar fhreagraWhen undertaking the statutory declaration process, the onus is on the witness to be satisfied that the identity of the applicant has been established. However, an out of date passport may be accepted by the witness as proof of identity for the purpose of completing the statutory declaration of fidelity.
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.
403. Deputy John Lahart asked the Minister for Justice the details of secondments from her Department to the university third level sector over the past two years; and if she will make a statement on the matter. [22255/22]
Amharc ar fhreagraMy Department currently has one staff member seconded to the University of Limerick. This staff member's salary is paid by the Department and recouped from the University of Limerick on a quarterly basis.
404. Deputy Catherine Murphy asked the Minister for Justice if she will provide a schedule of fines and totality of the amount paid in respect of fines issued by the EU on her Department for failing to transpose EU directives; if she will include the directive that was not transposed on time; and if she will indicate the directives that are still not fully transposed for the past 25 years to date in 2022. [22330/22]
Amharc ar fhreagraI can inform the Deputy that there has been one fine imposed on my Department by the European Court of Justice (ECJ) in relation to a delay in transposing Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing. On July 16, 2020, the ECJ imposed a €2 million lump-sum fine for this delay. The Court accepted that the Directive has now been fully transposed by Ireland.
The list below outlines the current Directives under the remit of my Department which require transposition. Work is ongoing within my Department to make the necessary arrangements to transpose each measure as soon as possible.
|
1 |
Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA |
|
2 |
Directive (EU) 2019/1023 on preventing restructuring frameworks, insolvency and discharge of debt |
|
3 |
Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union |
|
4 |
Directive (EU) 2021/555 which codifies the Firearms Directive by replacing Directive 91/477/EEC, as amended by Directives (EU) 2008/51 and 2017/853, with a single Directive. (Article 4.5 – additional data filing requirements) |
|
5 |
Directive (EU) 2018/843 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (5AMLD) |
405. Deputy Catherine Connolly asked the Minister for Justice the number of immigrant investor programme applications received, by year, since 2012; the number of successful applications, by year, since 2012; the number of visas granted in respect of each application, by year, since 2012; the value of the investment or donation in respect of each successful application; the details of the enterprise, fund, real estate investment trust and-or registered charity in which each of these investments, donations or endowments were made; the number of visas granted in respect of which no investment, donation or endowment was made; and if she will make a statement on the matter. [22338/22]
Amharc ar fhreagra406. Deputy Catherine Connolly asked the Minister for Justice the criteria applied when assessing applications under the immigrant investor programme; the membership of the evaluation committee that examines the application and enterprise, fund or project in which the applicant wishes to invest; and if she will make a statement on the matter. [22339/22]
Amharc ar fhreagra407. Deputy Catherine Connolly asked the Minister for Justice the details of all evaluations or reviews carried out or commissioned by her Department into the immigrant investor programme since 2012; and if she will make a statement on the matter. [22340/22]
Amharc ar fhreagra408. Deputy Catherine Connolly asked the Minister for Justice the details of the legislative or policy basis for the immigrant investor programme; and if she will make a statement on the matter. [22341/22]
Amharc ar fhreagraI propose to take Questions Nos. 405 to 408, inclusive, together.
The Immigrant Investor Programme (IIP) was introduced by Government Decision in April 2012, to encourage inward investment and to create business and employment opportunities in the State. The Programme was introduced at a time when Ireland was going through a very significant economic downturn and Departments were tasked with initiating innovative programmes to attract investment and create employment as part of the Action Plan for Jobs 2012. Key to the programme is that the investments are beneficial for Ireland, generate or sustain employment and are generally in the public interest.
The criteria applied when assessing applications under the IIP is set out in the guidance published on my Department's immigration website at: I want to invest in Ireland - Immigration Service Delivery (irishimmigration.ie).
Successful applicants under the Programme and their nominated family members are granted a residence permission in Ireland under Stamp 4 conditions. Stamp 4 conditions permit non-EEA nationals to work, study or start their own businesses in Ireland.
Successful applicants granted a permission under the IIP must then apply for a D reside visa, if visa required, to travel to the State. This is a separate process to the IIP application and it should be noted that not all persons approved are visa required nationals. I can also confirm that no residence permission has been given to any IIP applicant in the absence of the approved investment being made.
Given the significant immigration benefits accruing to successful applicants under the programme all such persons are subject to rigorous screening by my Department as to their suitability during the application process. This screening includes due diligence and sanction checks in respect of applicants, and reputable international databases are accessed for this purpose, as and when required, to ensure that only reputable individuals are eligible for permission. These rigorous checks are aimed at protecting the integrity of the programme and the State’s interests.
All projects which IIP applicants are investing in are also examined in great detail by an Independent Evaluation Committee comprising key officials from my Department, the Department of Finance, the Department of Foreign Affairs, Enterprise Ireland and IDA Ireland who have appropriate corporate expertise in this area. This examination process involves an assessment of the commercial viability of the project; employment outcomes associated with the proposed investment; and the overall benefit to the Irish State. The Committee makes a determination as to whether a project is suitable for IIP investment and if deemed suitable, the individual application will be submitted to me for final approval.
In addition, IIP permissions are renewable at years two and five and specific monitoring mechanisms and reporting obligations apply in this regard. Where the specific criteria are not being met, renewal of permissions will be refused.
All immigration related programmes are kept under constant review to ensure their effectiveness and appropriateness, taking into consideration international and EU level developments. In 2019, an audit of the IIP identified a number actions to be undertaken, including a strategic review of the IIP. Following a tender process, a contract to carry out an external review was signed in June 2019. This review was to be carried out in two phases. The Terms of Reference for the review are published at: www.irishimmigration.ie/coming-to-live-in-ireland/immigrant-investor-programme-external-review.
The second phase of the review has been completed and is being considered by my Department. In the meantime, applications under the IIP continue to be assessed by the independent evaluation committee and, where assessed positively, are accepted and processed.
My Department does not currently publish the details of individual approved IIP investments; however, this matter is currently under consideration. The tables below provides a breakdown of IIP applications received, approved and the value of investments since the inception of the programme to end 2021.
|
Year |
Applications received |
Approved applications |
Value of Approved Investment |
|
2012 |
5 |
2 |
1,500,000 |
|
2013 |
18 |
16 |
12,200,000 |
|
2014 |
30 |
8 |
4,450,000 |
|
2015 |
75 |
71 |
38,800,000 |
|
2016 |
334 |
33 |
18,750,000 |
|
2017 |
324 |
373 |
253,700,000 |
|
2018 |
423 |
156 |
139,750,000 |
|
2019 |
443 |
237 |
209,300,000 |
|
2020 |
339 |
270 |
188,000,000 |
|
2021 |
258 |
265 |
186,100,000 |
|
TOTAL |
2,249 |
1,431 |
1,052,550,000 |
Approvals issued in any year may relate to applications which were received in previous years due to the time taken to process applications.
|
Investment Type |
Total Applications Approved |
Total Value of Investment |
|
Enterprise |
780 |
639,000,000 |
|
Investment Fund |
214 |
196,000,000 |
|
REIT |
6 |
12,000,000 |
|
Endowment |
375 |
152,600,000 |
|
Bond & Mixed Investment |
56 |
53,950,000 |
|
TOTAL |
1,431 |
1,052,550,000 |
409. Deputy John Lahart asked the Minister for Justice the action that has been taken to strengthen laws against childhood sexual abuse in recent years; her plans for further changes; and if she will make a statement on the matter. [22352/22]
Amharc ar fhreagraThe Government takes the issue of sexual exploitation of children very seriously and there is comprehensive legislation in place to deal with these offences.
The Criminal Law (Sexual Offences) Act was enacted in early 2017. It is a wide-ranging piece of legislation, which significantly enhances laws to combat the sexual exploitation and sexual abuse of children. Specific offences have been provided for in this Act to target the recognised steps in what is often a gradual process of grooming a victim.
Among the provisions of the 2017 Act are measures to strengthen significantly the existing criminal law in combating child exploitation and, in particular, to address the use of modern communication technologies as a tool which may lead to child sexual exploitation.
The Deputy will be aware that sophisticated grooming often involves seemingly innocent contact with, or befriending of, a child, perhaps through text messaging, social media or messaging apps. This may be followed by the exposure of the child to sexual images or content. Section 8 of the Criminal Law (Sexual Offences) Act 2017 provides for a specific offence of using information and communications technology to communicate with a child for the purposes of sexual exploitation. The offence allows An Garda Síochána to investigate and bring to justice online predators and carries a penalty of up to 14 years imprisonment.
Section 8 of the Sexual Offences Act 2017 also includes an offence of sending sexually explicit material to a child. This is in recognition that the intention behind this type of activity may be to expose the child to material with a view to developing the child’s familiarity with such material or activity so as to facilitate the production of pornography or to meet the child for the purposes of sexual exploitation. The penalty for this offence is up to 5 years imprisonment.
The Deputy will also be aware that child trafficking and exploitation (including the production of child pornography) are criminalised under the Child Trafficking and Pornography Act 1998, as amended by Section 3 of the Criminal Law (Human Trafficking) Act 2008.
The Criminal Law (Sexual Offences) Act 2017 amended the Criminal Law (Sexual Offences) Act 2006 to raise the maximum penalty for engaging in a sexual act with a child who is under the age of 17 years from 5 to 7 years imprisonment. Furthermore, the 2017 Act amended the 2006 Act to raise the maximum penalty for attempting to engage in a sexual act with a child under the age of 17 years from 2 to 7 years imprisonment.
The Criminal Law (Sexual Offences) Act 2006, as amended, also provides that the maximum penalty for engaging in a sexual act with a child under the age of 15 years is life imprisonment and the same penalty applies to attempting to engage in a sexual act with a child under the age of 15 years.
Ireland ratified the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (known as the "Lanzarote Convention") on 21 December 2020. The Convention entered into force in relation to Ireland on 1 April 2021.
Part 2 of The Criminal Justice (Sexual Offences) Act 2017 which strengthens the law relating to the sexual exploitation of children, including child pornography, and criminalises the use of information and communication technology to facilitate such exploitation, ensures the State’s full compliance with criminal law provisions in the Convention.
The Criminal Law (Sexual Offences) (Amendment) Act 2019 introduces, inter alia, stricter penalties for repeat sexual offenders. The Act provides that where an offender is convicted of a sexual offence listed in a new schedule to the Criminal Law (Sexual Offences) Act 2017 (including a number of sexual offences against children) and is sentenced to imprisonment for a period of at least 5 years and is subsequently – within a period of 10 years – convicted of a further scheduled offence, the court shall, when imposing sentence for that offence, specify a term of imprisonment to be served by the person, that is no less than three quarters of the maximum penalty for the offence.
Where the maximum penalty is life imprisonment, the Court shall impose a sentence of not less than 10 years imprisonment. However, the court has discretion not to apply the minimum sentence if it is satisfied that this would be disproportionate in all the circumstances of the case.
While there are currently no new legislative measures being advanced in relation to child sexual abuse, I am of course committed to ensuring the law in this area is comprehensive and effective. As such, it is constantly kept under review and if further changes are identified as being needed, these will be brought forward.
410. Deputy Patrick Costello asked the Minister for Justice the steps, legislative or otherwise, her Department will take to give effect to the recent recommendation issued by the European Commission on protecting journalists and human rights defenders who engage in public participation from SLAPP suits; and if she will make a statement on the matter. [22354/22]
Amharc ar fhreagraFirstly, I want to acknowledge the recent launch by Vice-President Jourová, of the European Commission’s package of proposed measures to combat SLAPPs - Strategic Lawsuits Against Public Participation - and the work undertaken by the Commission in this area.
This refers to the strategic and abusive use by a powerful entity of vexatious litigation, to weaken and deter public interest discussion (and in particular, investigative journalism).
It is important to distinguish between the two main elements of the Commission's anti-SLAPP package, a Commission Recommendation to Member States, and a proposal for a Directive.
The Deputy is referring to the Recommendation, which is not legally binding, and provides guidelines, or suggestions, on a range of possible legislative and non-legislative measures that could be introduced at national level, to be considered by Member States. My Department officials are analysing the detail of the Recommendation, and will, of course, be examining carefully those suggestions that would fall within my responsibility as Minister for Justice.
As the Deputy will be aware, on 1 March 2022, the Government agreed to publish the Report of the Review of the Defamation Act 2009, carried out by my Department, and to prepare amending legislation in this area. I am committed to reforming Irish defamation laws to ensure a balanced approach to the right to freedom of expression, the right to protection of good name and reputation, and the right of access to justice. My Department is now commencing work on preparing the General Scheme of the amending Defamation Bill.
The Review Report, which has been published on my Department's website, specifically addresses the issue of SLAPPs and recommends, in particular, a number of measures to:
- avoid disproportionate awards in defamation cases and support more consistent, proportionate and predictable redress; and
- provide clearer protection for responsible public interest journalism and investigative reporting.
In particular, the Defamation Report’s main recommendations include that the law be amended to introduce a new ‘anti-SLAPP’ mechanism, to allow a person to apply to the court for summary dismissal of defamation proceedings that he/she believes are a SLAPP. Such action would, of course, go beyond the scope of the Commission’s proposed Directive, which is limited to cases with cross-border implications between EU Member States.
The introduction of a new ‘anti-SLAPP’ mechanism, as proposed by the Report, would also allow the court to award full legal costs to a person who was found to be the target of a SLAPP action, against the entity that had initiated the SLAPP proceedings, where the court considered this appropriate.
411. Deputy Michael Healy-Rae asked the Minister for Health if he will address a matter (details supplied) regarding the fact that funeral directors in Ireland do not communicate to bereaved families the updated HSE guidelines dated May 2021 on the care of the deceased in circumstances in which Covid-19 has been a contributory factor in their death; and if he will make a statement on the matter. [22100/22]
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.
