Written Answers Nos. 1280-1297
1280. Deputy Thomas Pringle asked the Minister for Justice the number of persons who exited Ireland's ports and airports in the past month that were stamp 2 visa holders and whose permissions were due to expire at midnight 31 May 2022; and if she will make a statement on the matter. [31147/22]
Amharc ar fhreagra1295. Deputy Thomas Pringle asked the Minister for Justice the total number of stamp 2 visaholders whose permissions expired on 31 May that left Ireland in the week prior to their visa expiring; and if she will make a statement on the matter. [29358/22]
Amharc ar fhreagra1296. Deputy Thomas Pringle asked the Minister for Justice the number of English language student stamp 2 visa holders whose permissions expired on 31 May who left Ireland in the week prior to the expiration of their visa; and if she will make a statement on the matter. [29359/22]
Amharc ar fhreagra1297. Deputy Thomas Pringle asked the Minister for Justice the number of third level stamp 2 visa holders whose permissions expired on 31 May who left Ireland in the week prior to the expiration of their visa; and if she will make a statement on the matter. [29360/22]
Amharc ar fhreagra1356. Deputy Paul Murphy asked the Minister for Justice if her Department communicated with the Department of Transport or the Dublin Airport Authority on the number of persons who would have expected to have to leave the country before 31 May due to the expiration of their permission to stay. [30492/22]
Amharc ar fhreagraI propose to take Questions Nos. 1280, 1295 to 1297, inclusive, and 1356 together.
Persons leaving the State are not checked on exit. Therefore it is not possible to give a reliable estimate of persons on particular types of immigration permissions who have left the State.
As there are no definitive numbers on the persons required to leave the State on any given date, my Department did not communicate with the Department of Transport or the Dublin Airport Authority prior to the 31 May 2022 in relation to the matter.
Anyone whose immigration permission is due to expire may apply requesting a change of immigration permission or to have their immigration permission extended. Consequently, there may be a number of people awaiting a decision on such applications.
Furthermore, a Stamp 2 immigration permission is granted to all international non-EEA students regardless of whether they are undertaking an English language course or a third level programme, with no differentiation in the permission granted other than duration. When granting a Stamp 2 immigration permission, the immigration officer must ensure that the course of study is listed on the Interim List of Eligible Programmes (ILEP).
1281. Deputy Jennifer Carroll MacNeill asked the Minister for Justice if support will be provided for an application for a change of residency permission by persons (details supplied); and if she will make a statement on the matter. [28854/22]
Amharc ar fhreagraA change of status application was received from the person referred to by the Deputy on 16 March 2022 and continues to be processed by my Department.
To be fair to all applicants, applications are dealt with in chronological order by date received. My Department endeavours to process applications as quickly as possible. However, processing times may vary due to a number of factors, such as the number of applications on hands, individual circumstances, the complexity of applications, whether further information is required, and the resources available.
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, 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.
1282. Deputy Michael Creed asked the Minister for Justice when a visa will issue for a person (details supplied); and if she will make a statement on the matter. [28908/22]
Amharc ar fhreagraThe person referred to by the Deputy created an online Join Family (Non-EEA national spouse) visa application on 17 March 2022. The supporting documentation and relevant fees were applied on 13 April 2022 in the Manila Visa Office. These visa applications were received in my Department's Dublin Visa Office for further processing on 14 April 2022.
Processing of this application is ongoing at present. As each application is examined under it's own merits, I am unable to give an exact timeframe for its completion. However, the person concerned can be assured that there will be no avoidable delay in finalising their application. They will be notified as soon as a decision has been reached by a Visa Officer.
Processing of family reunification visa applications, such as this, may take up to six months to determine from date documentation is received in the relevant Visa Office. The Visa Office endeavours to have applications of this nature processed earlier than this, however, this is not always possible. In order to be fair to all applicants, as you will appreciate, applications are processed in order by date received in the Office.
The Dublin Visa Office is currently processing applications of this type received on 17 February 2022. Applicants can keep up-to-date with processing dates by checking the following webpage, which is updated weekly: www.irishimmigration.ie/visa-decisions/.
Applicants are advised not to pay for airline or other travel tickets without having first been issued with a visa.
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.
1283. Deputy Jennifer Carroll MacNeill asked the Minister for Justice if he will support a person (details supplied) in obtaining their Irish residence permit card renewal given their current circumstances; and if she will make a statement on the matter. [28917/22]
Amharc ar fhreagraI can confirm that an application from the person referred to by the Deputy has been approved. They can expect to receive their new Irish Residence Permit (IRP) card within the next 10 working 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.
1284. Deputy Mattie McGrath asked the Minister for Justice the grants or supports that are available to clubs that engage with the probation service but require equipment for works being carried out; and if she will make a statement on the matter. [28918/22]
Amharc ar fhreagraI am advised that, as a rule, where there is no equipment available at a Community Service Site (i.e., provided by the host), the Probation Service rents the equipment for the period of time required. Contracts are in place for these rentals, which follow normal procurement requirements.
1285. Deputy Catherine Murphy asked the Minister for Justice if a company (details supplied) has been used or is being used by her Department or any other agencies under her remit, including An Garda Síochána, including on a free trial basis, in view of the fact that a media report has indicated An Garda Síochána has used the company, and in view of the fact that there are serious data protection privacy concerns with the use of same; and if she will make a statement on the matter. [28946/22]
Amharc ar fhreagraI have requested the information sought from the bodies under the aegis of my Department and will write to the Deputy directly when the information is to hand.
1286. Deputy Catherine Murphy asked the Minister for Justice the details of the database of images upon which An Garda Síochána will use facial recognition technology to identify a person of interest; the origin of the database; the way that the images will be collected and stored; and if she will make a statement on the matter. [28947/22]
Amharc ar fhreagraJustice Plan 2022 commits to the publication of the Garda Síochána (Recording Devices) Bill, previously called the Garda Síochána (Digital Recordings) Bill. This important legislation will make provision for Garda powers to use modern digital technology including body worn cameras, Automatic Number Plate Recognition (ANPR) and CCTV.
As the Deputy may be aware, it is my intention to seek Cabinet approval to include measures to permit the use of facial recognition technology as Committee Stage amendments to the Bill. An Garda Síochána have made a compelling case to me for the introduction of new technologies to assist them in their work and for more effective investigation and detection of crime. Operational details in relation to the technology to be used will be finalised in due course. Officials are still consulting various interested parties and will commence the process of detailed drafting of the amendments very soon.
These provisions would be particularly important in the context of child abduction or murder, where speed is of the essence and can be the difference between loss of life, or not.
The amendments will set out precisely how the system will operate in practice. However, it is important to say that they will be subject to appropriate safeguards and oversight. Any provisions relating to processing, through the use of biometric identification systems, would be subject to strict oversight and controls. It is also important to say that this technology would only assist Gardaí in making decisions. Automated decision making that can adversely affect a citizen’s rights will be prohibited. To not make these changes would leave the Gardaí continuing to manually sift through CCTV for thousands or tens of thousands of hours.
My Department will continue to work with the Office of the Attorney General to complete this work.
1287. Deputy Richard Bruton asked the Minister for Justice if she has monitored the frequency of homophobic attacks in Dublin city; and if she raised the matter and measures with the Garda Commissioner to ensure that persons feel safe on the streets. [28982/22]
Amharc ar fhreagraI strongly condemn the actions of the small minority who subject others to abuse or attack resulting from their own prejudice. In recent months we have seen vicious crimes take place. These types of attacks cannot, and will not, be tolerated.
We live in a diverse and welcoming country and our laws and values should reflect this. I will shortly, subject to Government approval, publish the Criminal Justice (Hate Crime) Bill which will legislate against hate crime and hate speech and ensure that Ireland is safe, fair and inclusive for all.
The Bill will strengthen the law around hate crime by creating new, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic.
The protected characteristics under the Hate Crime Bill include sexual orientation and gender.
Aggravated offences will generally carry an enhanced penalty and the record of any conviction for such an offence would clearly state that the offence was a hate crime.
Separately, the Garda National Diversity and Integration Unit (GNDIU) forms part of the Garda Community Relations Bureau and has a very positive working relationship with minority communities in Ireland.
The Garda Diversity and Integration Strategy is externally focused on An Garda Síochána’s relations with the communities that it serves, delivering on the obligations on An Garda Síochána in relation to human rights and equality under Irish, EU law and international conventions.
Under the National LGBTI+ Inclusion Strategy, An Garda Síochána are working to significantly increase reporting of hate crimes to An Garda Síochána by members of the LGBTI+ community owing to the more open relationship that has been developed.
I am informed by the Garda authorities that An Garda Síochána has implemented a number of specific operations in Dublin City aimed at addressing anti-social activity. The operations involve increased uniform and plain clothes proactive patrolling of the city, with a particular emphasis on the city centre.
Operation Citizen, established in November 2021, is a co-ordinated approach involving Gardaí from both Dublin Metropolitan Region South Central and North Central with an emphasis on providing high-visibility policing in the city centre to provide reassurance to the public and proactively tackle incidents of anti-social behaviour.
I am further informed that, as part of An Garda Síochána’s ongoing national response to hate crime, the Garda National Diversity and Integration Unit (GNDIU) provides assurance to members of the public in relation to reports of hate-based occurrences. This includes daily monitoring of all recorded hate crimes / incidents on PULSE and social media, advising investigating members, supporting investigations and providing assurance to victims and their communities.
A new, non-emergency online hate crime reporting mechanism was launched by An Garda Síochána in July 2021 to improve accessibility to the Garda service for victims of all types of Hate Crime. It is available via the garda.ie website and provides a safe and secure environment for victims, who may previously have been reluctant to report in person to An Garda Síochána.
1288. Deputy Richard Bruton asked the Minister for Justice if her Department will consider organising more frequent swearing-in ceremonies to speed up the naturalisation process or if she will authorise a simpler form of swearing-in process. [29050/22]
Amharc ar fhreagraI can advise the Deputy that such matters are kept under constant review.
During the Covid-19 pandemic, Ireland was the first European country to host an e-citizenship ceremony in July 2020. Following a review of this pilot event, the confirmation of the applicant identity and the celebratory aspects of the ceremony were decoupled.
As a result, the affidavit process that I introduced as a temporary measure has afforded over 15,000 applicants the opportunity to receive their citizenship certificates since January 2021.
The upcoming, in-person citizenship ceremony, scheduled for 20 June 2022, is the first since the pandemic. It will see both the applicant identity and the celebratory aspects combined into an integrated process - which is operationally more efficient. For example, prior to the pandemic, when applicants were invited to an in-person ceremony over 95% attended, whereas when an affidavit request issues approximately 75% of cases are concluded. As a result, my Department currently has a significant number of applications on hand where the processing of the application by the Department has been completed, but have not been concluded.
That said, I am very mindful of the need to balance the number of citizenship ceremonies and the operational efficiency of the entire process.
Planning for additional ceremonies in December 2022 is currently underway, and these plans will be informed by the June ceremony.
1289. Deputy Gino Kenny asked the Minister for Justice if a person who obtained a personal public service number, PPSN, by using false identification can apply for the undocumented scheme given that this concern could not be answered by the Irish Immigration Service's website or by legal advice sought (details supplied). [29134/22]
Amharc ar fhreagraThe scheme for the Regularisation of Long Term Undocumented Migrants 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 who meet the eligibility criteria, and will enable successful applicants to remain and reside in the State and to regularise their residency status.
All applicants over the age of 16 years will undergo e-Vetting with An Garda Síochána as part of the application process. Applicants will also be asked to complete a criminal declaration as part of the application form.
When submitting an application for the scheme the onus is on the applicant to determine if they satisfy all of the eligibility criteria. Proofs of residency for each of the required years, proof of their true identity and proof of the claimed familial relationship must be included in the application. The applicant will also be required to complete eVetting, as outlined, and to meet the good character and conduct criteria.
All applicants must complete the application form honestly, and each case will be looked at individually, to determine if they meet the eligibility criteria for the scheme. When examining applications under the scheme, my Department will take into consideration information relating to the applicant's character and conduct, including information from An Garda Síochána and other public authorities regarding any behaviour of a criminal nature considered to be contrary to the common good and/or public policy. My Department may refuse to grant a residence permission to any applicant on that basis.
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/.
1290. Deputy Noel Grealish asked the Minister for Justice the State agencies, organisations or boards under the responsibility of her Department or receive funding from her Department that have been charged negative interest by financial institutions since negative interest rates were introduced; the amount of interest that has been charged to each State agency, organisation or board in 2021 in each of the preceding years in which such charges were applied; and if she will make a statement on the matter. [29209/22]
Amharc ar fhreagraI have requested the information sought by the Deputy from the agencies, bodies and offices under the remit of my Department in relation to negative interest charges. The information provided to my Department is set out in tabular format below.
|
An Garda Síochána |
The amount of interest charged on An Garda Síochána deposit accounts since negative interest rates were introduced in the period 2017 to 2021 is €44,239. |
|
Property Services Regulatory Authority |
The amount applied during 2021, since the introduction of negative interest rates, was €3,108.91. The PSRA has new procedures in place to ensure the minimum amount of funds are held in each account, to eliminate or significantly reduce negative interest charges. |
|
Data Protection Commission |
Since the establishment of Vote 44 on January 1, 2020, the Data Protection Commission has been charged a total of €186.95 in negative interest rates. |
|
Courts Service |
2017 - €61,247.65 2018 - €172,535.47 2019 - €156,526.83 2020 - €251,158.71 2021 - €340,312.49. |
|
Legal Aid Board |
2018 - €4,271 2019 - €24,317 2020 - €30,531 2021 - €41,497 |
|
Irish Prison Service |
2021 - €10,443.55 2020 - €15,492.57 |
1291. Deputy Matt Carthy asked the Minister for Justice if any former Secretary Generals are seconded from her Department; the locations of same; the purpose of the secondment; the remuneration they are in receipt of from her Department or additional allocation to the agency or institution to which they are seconded arising from the secondment; and if she will make a statement on the matter. [29268/22]
Amharc ar fhreagraI can inform the Deputy that there are no former Secretaries General on secondment from my Department.
1292. Deputy Thomas Gould asked the Minister for Justice the status of an application for naturalisation by a person (details supplied). [29314/22]
Amharc ar fhreagraThe application for naturalisation from the person referred to by the Deputy, continues to be 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 in due course.
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.
In addition, the combined impact of the 2019 High Court judgment in the Jones case and the necessary health restrictions arising from the pandemic, has unfortunately resulted in the processing time for standard applications increasing.
However, 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.
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.
It is open to the applicant to contact the Citizenship Division of my Department at: citizenshipinfo@justice.ie at any time for an update on their application.
1293. Deputy Thomas Gould asked the Minister for Justice if her Department will provide assistance in expediting naturalisation applications for those wishing to represent Ireland on an international stage in sports. [29315/22]
Amharc ar fhreagraThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended, and all applications are processed in line with the eligibility criteria as set out under the Act. Each application is assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
All applications for citizenship are processed in chronological order by date received.
Applicants are required to have five years reckonable residence in the state prior to making an application, except for spouses of Irish nationals where the requirement is three years. In both cases, the final 12 months must be continuous residence in the State with up to six weeks allowed to facilitate foreign travel for business, family or holiday purposes.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.
It is open to any applicant to contact the Citizenship Division of my Department at: citizenshipinfo@justice.ie at any time for an update on their application.
1294. Deputy Neasa Hourigan asked the Minister for Justice the number of enforcement actions taken under section 20 of the Betting Act 1931 in each of the years 2017 to 2021, respectively. [29320/22]
Amharc ar fhreagraSection 20 of the Betting Acts addresses a number of matters that apply to bookmakers’ premises, such as what may be placed and displayed outside premises, as well as restrictions on the material and information that may be displayed inside and outside a bookmaker’s premises.
Responsibility for the regulation of bookmakers’ premises is a matter for the Minister for Finance, as provided for the under the Betting Acts 1931-2015. As such, the Deputy will appreciate that my Department currently has no responsibility for the matters raised in this query.
Furthermore, the role of An Garda Síochána in the enforcement of any legislation is an operational matter for the Garda Commissioner. Under Section 26 of the Garda Síochána Act 2005 (as amended) the Garda Commissioner is responsible for the management and administration of Garda business. This includes all operational policing matters, including engagement between An Garda Síochána and any third party on any matter related to law enforcement or the detection, prevention, prosecution and investigation of criminal offences. I have no role in these independent functions.
However, as the Deputy will be aware, 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. Additionally, Justice Plan 2022 commits to continuing the work already commenced by my Department to establish a Gambling Regulatory Authority.
To give effect to this commitment, work is underway on the Gambling Regulation Bill, which was approved by Government 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. Among its key objectives, the Authority will require safeguards to address problem gambling including in relation to gambling advertising.
As provided for in the Bill, the Authority will develop codes and regulations in relation to advertising, promotion and sponsorship by licence holders, providing for a comprehensive and far reaching set of checks and balances in respect of gambling advertising.
These codes and regulations include measures to address:
- where, when and the form in which advertising may be broadcast, published, or displayed;
- the times gambling advertising can appear on television, radio, on-demand audio-visual media services and video-sharing platform services each day;
- the frequency and volume of gambling advertising generally;
- a prohibition on the use of material that would appeal to children in gambling related advertisements; and
- the prohibition of targeted and unsolicited advertising of gambling across a range of media and technology platforms except where a person has given their consent to receive it.
These codes and regulations will be developed in co-operation with relevant statutory bodies concerning broadcasting and advertising, and following consultation with licence holders or their representatives.
There is a pathway mapped for this legislation progressing, which will facilitate the Authority being established and operational in 2023.
