Written Answers Nos. 1316-1333
1316. Deputy Éamon Ó Cuív asked the Minister for Justice if the terms of reference for the external review into sentencing errors will be published in advance of the external review's commencement; and if she will make a statement on the matter. [29633/22]
Amharc ar fhreagra1317. Deputy Éamon Ó Cuív asked the Minister for Justice if she intends to publish the external review into sentencing errors when it is submitted in due course; and if she will make a statement on the matter. [29634/22]
Amharc ar fhreagraI propose to take Questions Nos. 1316 and 1317 together.
As the Deputy will be aware, following a review of sentence calculation and procedures carried out by the Irish Prison Service, a number of measures were identified to prevent errors reoccurring and these are being actioned. In tandem with this review, a new overarching sentence calculation policy was also developed and implemented across the service.
To complement this work, arrangements for the external review referred to are currently being finalised and will be available shortly. Publication of the results of the review will be considered upon its completion.
1318. Deputy Paul Murphy asked the Minister for Justice if her attention has been drawn to the significant delays experienced by Turkish English language course students with some now going beyond six months waiting for a visa decision; the actions that are being taken by her Department to tackle these waiting times; and if she will make a statement on the matter. [29689/22]
Amharc ar fhreagra1334. Deputy Chris Andrews asked the Minister for Justice if she will provide an update on the current student visa processing times at the Embassy of Ireland in Ankara, Turkey; and the reason that some students have been waiting up to six months for an application to be processed. [30148/22]
Amharc ar fhreagra1335. Deputy Rose Conway-Walsh asked the Minister for Justice the reason for a month processing times for fully complete English language long-stay study visas applications in Ankara in tabular form; and if she will make a statement on the matter. [30162/22]
Amharc ar fhreagraI propose to take Questions Nos. 1318, 1334 and 1335 together.
Decisions regarding the granting or refusal of study visas are made in a number of Visa Offices overseas, in my Department's Visa Office in Dublin, and at certain Embassies of the Department of Foreign Affairs, which process certain visa applications under delegated sanction from my Department.
Applications from Turkish residents are normally processed by the Visa Office in Ankara. Visa processing times for the Ankara Visa Office are published online by the Department of Foreign Affairs at www.dfa.ie/irish-embassy/turkey/visas/visas-for-ireland-weekly-decisions-report/
The Ankara Visa Office has seen a more than 50% increase in visa applications received in the year to date to the end of May 2022 in comparison with the same period in 2019 (before COVID-19 related travel restrictions). Long stay study visas accounting for more than 60% of those being received in 2022. In addition to this increase in applications, the Ankara Visa Office has received an extremely high number of incomplete applications, which is also adding to the longer processing times, given the resources that have to go into examining these applications.
The processing time at each Visa Office and location worldwide is determined by a number of factors, such as: the volume and complexity of applications, whether investigation is required or not, individual circumstances, peak application periods, seasonal factors, and the resources available. While every effort is made to process applications as quickly as possible, processing times inevitably vary as a result.
Every effort is made to keep visa processing times to a minimum, and a number of measures have been put in place to deal with the increased demand for visas to come to Ireland, including in the Ankara Visa Office. This includes the assignment of additional staff to deal with applications, and more generally the streamlining of visa processes where possible. The position in this regard is being kept under review.
The central concern in deciding on visa applications, as with all visa services worldwide, is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime while at the same time facilitating travel for those who meet the criteria. Each visa application is therefore decided on its own merits taking all factors into account.
1319. Deputy Colm Burke asked the Minister for Justice if she will provide a detailed update on roll-out of the hepatitis C testing and treatment programme in Cork prison; the reason that progress has not been made on the pilot programme which was announced and introduced in Cork prison in July; and if she will make a statement on the matter. [29695/22]
Amharc ar fhreagra1320. Deputy Colm Burke asked the Minister for Justice if consideration will be given to rolling out hepatitis C testing and treatment in prisons nationwide considering a significant number of those in prison have hepatitis C and the availability of a treatment programme in each prison would assist a large number of persons to have full recovery from the disease; and if she will make a statement on the matter. [29696/22]
Amharc ar fhreagraI propose to take Questions Nos. 1319 and 1320 together.
All prisoners committed to prison are subject to a comprehensive medical assessment by the Prison Healthcare Team and Hepatitis C screening is offered to all new prisoners as part of this assessment. Prisoners can request Hepatitis C screening through their local Prison Healthcare Team at any stage of their time in custody. If at any time a prisoner displays any signs and symptoms of hepatitis they are reviewed by a member of the Prison Healthcare Team and managed appropriately.
The National Hepatitis C Strategy and Treatment Programme aims to provide fair and equitable treatment in a timely manner to all those who require Hepatitis C treatment. In that regard, a number of treatment models have been developed, including a hospital treatment model and a community treatment model. If a prisoner, in any prison, requires treatment for Hepatitis C they are referred to specialist services in the acute hospital sector and necessary treatment is provided under the hospital treatment model, by relevant specialist clinical teams.
To support this model of service for those in the custody of the Prison Service, specific arrangements for the screening and treatment of Hepatitis C are in place in a number of prisons (Wheatfield, Cloverhill, Mountjoy, Dochas Centre and Midlands), whereby in-reach Hepatology services are provided on site in those prisons, by specialist teams from St James’s Hospital. In the remaining prisons, those requiring treatment attend the specialist services in the hospital setting.
The Prison Service continues to work with the HSE and the National Clinical Hepatitis C Lead to develop and implement a prison treatment model of care, which will replicate the community treatment model in a prison setting, initially in those prisons where this service is currently not available. This will facilitate the provision of treatment, to those who meet the criteria for that model of care, by the primary healthcare team in the prison.
Arrangements were agreed to progress a pilot prison treatment model in Cork Prison but unfortunately, due to resource issues, it was not possible to progress the pilot as planned. Prisoners who require this treatment continue to be managed under the hospital treatment model. It is anticipated, however, that the required resources will shortly be in place to facilitate the provision of Hepatitis C treatment, to those eligible for same, by the primary care team in Cork Prison. It is hoped to advance this programme in Cork Prison later this year.
In time, it is anticipated that all those who can be appropriately treated for Hepatitis C by the primary care team in the prison will be treated under that model, while those who require specialist care will continue to be referred to the acute hospital setting.
1321. Deputy Patricia Ryan asked the Minister for Justice the cost of any review groups set up under the auspices of her Department in the past five years; the composition of these review groups; and if she will make a statement on the matter. [29933/22]
Amharc ar fhreagraIt has not been possible to collate the information requested in the time available. I will write directly to the Deputy as soon as the material is to hand.
1322. Deputy Patricia Ryan asked the Minister for Justice if she will introduce a Garda vetting licence style scheme which allows people to apply for a multi- annual Garda vetting card that relates to them personally and is transferable between organisations; and if she will make a statement on the matter. [29966/22]
Amharc ar fhreagraAs the Deputy will be aware, the primary purpose of the employment vetting carried out by the National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults. It is carried out by An Garda Síochána in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016. I am sure the Deputy will appreciate the importance of this task and the need for it to be carried out thoroughly and correctly.
The Deputy will be further aware that the legislation provides for vetting to be conducted only on behalf of relevant organisations that are registered with the National Vetting Bureau and is not conducted for individual persons on a personal basis.
A Garda Vetting Review Group was established in April 2021 and meets regularly to discuss proposals regarding potential amendments to vetting legislation. It includes members of An Garda Síochána and officials from my Department, Tusla and other relevant parties.
The primary focus of the Group is to deliberate on and formulate recommendations to strengthen the vetting legislation in an effective manner. Issues to be considered by the group include any changes which may be possible around the matter of re-vetting. The Group is due to report by the end of this year.
The vetting applications process itself is an operational matter for An Garda Síochána and neither I, as Minister, nor my Department, have any role in the processing of individual vetting applications.
1323. Deputy Jim O'Callaghan asked the Minister for Justice if her Department is in full compliance with the Commission Recommendation (EU) 2022/554 of 5 April 2022 on the recognition of qualifications for people fleeing Russia’s invasion of Ukraine; if she will set out a list of the professional qualifications or professions recognised under the aegis of her Department; if Ukrainian qualifications are now recognised in each case; if electronic applications can be made for such recognition; the web address or email address to which such applications should be sent, or if physical application is necessary; and the exact procedures and address for such applications. [29975/22]
Amharc ar fhreagraThe Department of Justice is not a Competent Authority for any regulated profession in Ireland and has no role in the recognition of qualifications for people fleeing Russia’s invasion of Ukraine.
As the Deputy may be aware, where a Ukrainian person wishes to practice a regulated profession in Ireland, they must engage with the relevant Competent Authority with responsibility for that profession to seek the recognition of their qualifications.
Ireland has over 45 Competent Authorities covering a wide range of professions. A list of regulated professions in Ireland, their corresponding competent authority and the relevant contact information for each authority is available on the Government website at the following link:
assets.gov.ie/224329/d51af586-f4dc-449f-a6a7-e4406c4dddeb.pdf
To support the implementation of The European Commission Recommendation (EU) 2022/554 published on April 5 2022, the European Commission is hosting a number of focused meetings with EU Member States. Ireland has been represented at these meetings by the Department of Further and Higher Education, Research, Innovation and Science.
This work with the European Commission is ongoing in relation to the recognition of professional qualifications of Ukrainian people in Ireland to ensure an EU-wide appropriate response.
The Deputy may wish to note that the Public Appointments Service (PAS) initiated a competition to recruit Ukranian nationals from which a panel of Temporary Clerical Officers was established.
A professional qualification is not required for the Ukrainian Temporary Clerical Officer role. My Department has employed a number of Ukranian people from this panel and is very pleased to support this positive initiative.
1324. Deputy Jim O'Callaghan asked the Minister for Justice if the war crime of aggression is a crime in Ireland; and if she will make a statement on the matter. [29990/22]
Amharc ar fhreagra1325. Deputy Jim O'Callaghan asked the Minister for Justice if consideration will be given to extending section 7 of the International Criminal Court Act 2006 or otherwise legislating to criminalise the crime of aggression contrary to international law using universal jurisdiction.; and if she will make a statement on the matter. [29994/22]
Amharc ar fhreagra1326. Deputy Jim O'Callaghan asked the Minister for Justice if legislation will be introduced to give explicit effect to the Kampala Amendments to the Statute of the International Criminal Court on the crime of aggression. [29995/22]
Amharc ar fhreagraI propose to take Questions Nos. 1324 to 1326, inclusive, together.
While neither Ukraine nor the Russian Federation are parties to the Rome Statute of the International Criminal Court, Ukraine has accepted the jurisdiction of the ICC over alleged crimes, including genocide, war crimes and crimes against humanity, that have taken place on its territory. Ireland, as part of a coordinated group of State Parties, submitted a joint referral to the Office of the ICC Prosecutor on 1 March 2022 and the ICC Prosecutor has initiated an investigation. The Prosecutor has established a dedicated portal through which relevant information may be submitted. Ireland will fully cooperate with this investigation pursuant to the International Criminal Court Act 2006.
Under the terms of the Kampala Amendments to the Rome Statute, the International Criminal Court’s jurisdiction in Ukraine does not extend to the crime of aggression. Work is ongoing at an international level to consider how to address this limitation and to ensure accountability for such crimes. Ireland is actively following developments in this regard. Should domestic legislation be required as a result of this work it will be considered as a priority. Separately, work is continuing between the Department of Foreign Affairs, the Department of Justice and the Office of the Attorney General to fully implement the Kampala Amendments in domestic law.
1327. Deputy Anne Rabbitte asked the Minister for Justice the status of an application (details supplied); the status of the exemption sought regarding the GNIB Stamp 4 renewal; if a letter has been issued as requested by the applicant; and if she will make a statement on the matter. [30003/22]
Amharc ar fhreagraAs the Deputy will be aware, registrations for people living outside of the Dublin area are processed by the Garda National Immigration Bureau (GNIB) through the Garda Station network.
I note that the person concerned has since 2020 been attempting to secure a new passport and the Domestic Residence and Permissions Division of my Department granted permission to them on 18 December 2020 to allow them to finalise their attempts to secure their passport. This permission expired on 31 May 2022.
I further note that the person concerned recently attended their local immigration office and, in applying to renew their permission, were advised to again request a permission letter from my Department as they had not secured their new passport. They should request this permission letter from Unit 2, Domestic Residence and Permissions division by way of email or written correspondence. The relevant contact details are:
Unit2ResidenceDivision@justice.ie
Residence Unit 2
Immigration Service Delivery
Department of Justice
13-14 Burgh Quay
Dublin 2 D02 XK70
Ireland
They should include all relevant details, including providing evidence of their attempts to secure a new passport from their Embassy or Consulate. Each application for a renewal of an immigration permission is decided on its individual merits.
My Department is not in a position to provide assistance with obtaining a new or replacement national passport. This is a matter for the relevant national government. However, the person concerned may apply to my Department for a Travel Document if they need to travel in order to receive their passport. A Travel Document is an official document which assists qualifying non-Irish nationals who are legally resident in Ireland to travel. Further information is available on my Department's immigration website at: www.irishimmigration.ie/coming-to-join-family-in-ireland/applying-for-a-travel-document/.
1328. Deputy Bríd Smith asked the Minister for Justice if, a matter (details supplied) will be clarified in relation to the processing of foreign student applications for visa permits to attend education facilities in the State; if all information needed to proceed with an application is available to Turkish and other foreign nationalities is on her Department's website; and if she will make a statement on the matter. [30021/22]
Amharc ar fhreagraThe Ankara Visa Office has seen a more than 50% increase in visa applications received in the year to date to the end of May 2022 in comparison with the same period in 2019 (before Covid-19 related travel restrictions). Long stay study visas account for more than 60% of those being received in 2022. In addition to this increase in applications, the Ankara Visa Office has received an extremely high number of incomplete applications, which is also adding to the longer processing times, given the resources that have to go into examining these applications.
The processing time at each Visa Office and location worldwide is determined by a number of factors, such as: the volume and complexity of applications, whether investigation is required or not, individual circumstances, peak application periods, seasonal factors, and the resources available. While every effort is made to process applications as quickly as possible, processing times inevitably vary as a result.
Visa required individuals who wish to study a third level or English language programme in Ireland for a period longer than three months, must apply for a Type D Long Stay visa. All visa applicants are advised that they must provide as much information as possible in support of their application as this will improve their prospect of receiving a positive decision. Further details on the application process are available on my Department’s immigration website at:
www.irishimmigration.ie/coming-to-study-in-ireland/what-are-my-study-options/
When an applicant arrives at the port of entry, they must provide evidence to the Immigration Officer that they have immediate access to at least €7,000. This is the estimated cost of living in Ireland for a student for one academic year.
If the duration of the course is less than six months, they must have access to €500 per month of their stay or €3,000, whichever is the lesser. All of this must be proven by documentary evidence and, where sponsors are involved, it must be clear their documents relate to them.
More information on the required finances for students coming to Ireland can be found at:
www.irishimmigration.ie/coming-to-study-in-ireland/what-are-my-study-options/a-fee-paying-private-primary-or-secondary-school/information-on-student-finances/
1329. Deputy Pa Daly asked the Minister for Justice her views on the processing of the ML10 money laundering identity verification forms by An Garda Síochána; and if she will make a statement on the matter. [30029/22]
Amharc ar fhreagra1330. Deputy Pa Daly asked the Minister for Justice if the ML10 money laundering identity verification forms can be authorised in any An Garda Síochána station; and if she will make a statement on the matter. [30030/22]
Amharc ar fhreagraI propose to take Questions Nos. 1329 and 1330 together.
Under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 as amended, designated financial and non-financial businesses are required to identify their customers and verify who they are. There is a need for anti-money laundering and counter financing of terrorism purposes to have reasonable certainty that the person is who they say they are. The common standard as set out in the guidelines issued by the Central Bank is that customers undertaking certain transactions present official Government-issued photographic identification.
A driver’s licence or passport are acceptable documents in this regard. In order to verify the customer’s identity, proof of address is sought in the form of a utility bill, bank statement or official correspondence. Under the legislation, there is an onus on designated businesses to gather this information prior to carrying out a transaction (e.g. prior to a customer being able to collect gambling winnings of a certain value.)
Where a customer indicates that they don’t have any official government issued photographic identification such as a driving licence or passport, the customer may as an alternative complete an ML10 form available from a Garda station which a Garda can sign on behalf of an applicant to confirm their identity.
The designated business may accept this along with proof of address as an alternative. ML10 forms may be processed by any Garda station.
I am advised by the Garda Commissioner that a review of the ML10 Form is currently underway.
The Banking Payments Federation of Ireland also publish guidance on documents that may be acceptable for the purposes of identification and verification in the context of customer due diligence. The guidance is available on their website via the following link - Final-BPFI-Guide-to-Opening-Bank-Accounts-in-Ireland-for-Protection-Applicants-Final.pdf .
It indicates that while passport and EU or Irish driving licence are accepted as standard forms of proof of identity, a bank will accept alternative documents as proof of identity, if the applicant does not have either a passport or a driving licence. These include, for example: Irish Residence Permit; Temporary Residence Certificate or Irish Government Travel Document (UN Issued.)
1331. Deputy Charles Flanagan asked the Minister for Justice the number of staff members posted at the Irish Permanent Representation to the European Union, including all counsellors and attachés, in each of the past seven years 2016 to 2022; the functions of each staff member; new posts that have been created or discontinued, respectively; and if she will make a statement on the matter. [30051/22]
Amharc ar fhreagraThe Justice and Home Affairs (JHA) team at Ireland’s Permanent Representation to the European Union in Brussels currently consists of seven officials from my Department, made up of one counsellor, four first secretaries (attachés) and two administrative staff (1 EO and 1 CO).
The role of officials in the JHA team is to offer assistance to Ministers and other delegates during visits to Brussels, and to advance Irish policy objectives and the Department’s mission in EU matters, under the direction of the relevant Departmental experts.
Staff of the Permanent Representation participate in various working groups dealing with Justice and Home Affairs issues, including to support Ministerial attendance and participation in EU Justice & Home Affairs Councils, and more generally to ensure good communication between the Department of Justice in Dublin and relevant contacts in the EU institutions and other EU Member States.
In June 2016 there was one counsellor, two attachés and three administrative staff (1 HEO, 1 EO and 1 CO). In 2017 a new attaché post was created. In 2020 an administrative staff role (HEO) was upgraded to attaché, resulting in the current breakdown of one counsellor, four attachés and two administration staff.
1332. Deputy Alan Kelly asked the Minister for Justice if she is considering bringing in legislation to ensure that An Garda Síochána sergeants and inspectors acting as co-presenters in district and circuit courts can continue to do so. [30076/22]
Amharc ar fhreagraI can inform the Deputy that on 9 June I received Government approval to bring forward emergency legislation to provide for a continued legal basis for Garda Court Presenters in the District Court.
The Deputy will be aware that Court Presenters are members of An Garda Síochána who specialise in court work in the District Court, prosecuting cases on behalf of the Director of Public Prosecutions. They deal with important procedural matters including evidence of arrest, charge and caution in first appearances in court, remands, bail applications and presenting a summary of evidence in guilty pleas.
The legislation will address a recent High Court ruling on the use of Court Presenters, for which a stay has been granted until the final orders are made on 16 June. The legislation will clearly establish a right for any member of An Garda Síochána to conduct a prosecution, whether or not that member initiated the prosecution.
The issue needs to be addressed by legislative amendment as a matter of urgency to avoid serious disruption to the District Courts throughout the country and the costs of putting in place alternative arrangements, which would increase for each day the legislation is not enacted following the taking effect of the judgment. The Bill has now been published and can be found at data.oireachtas.ie/ie/oireachtas/bill/2022/62/eng/initiated/b6222d.pdf
I welcome the decision of the Justice Committee to grant a waiver of pre-legislative scrutiny, owing to the urgency of the matter and the serious operational and cost implications that would arise if the judgment becomes operative, and I can inform the Deputy that I also intend to seek a motion for early signature of the Bill by the President following the passing of the Bill by the Houses of the Oireachtas.
1333. Deputy Martin Kenny asked the Minister for Justice the number of prosecutions that were made in 2020 and 2021 for failure to pay a television licence. [30106/22]
Amharc ar fhreagraThe Deputy will be aware that the management of the courts is the responsibility of the Courts Service, under the provisions of the Courts Service Act 1998. The Courts Service is independent in exercising its functions, as of course are the judiciary, and as Minister for Justice I have no direct role in prosecution matters. Nor, the Deputy will appreciate, do I have any role in respect of enforcement in respect of the Broadcasting Act and television licences.
I am, however, informed by the Courts Service that the following table details the number of persons and number of offences before the District Court in 2020 and 2021 for not having a television licence.
|
Year |
No. of offences |
No. of Persons |
|
2020 |
4,946 |
4,945 |
|
2021 |
3,786 |
3,786 |
|
Total |
8,732 |
8,731 |
The Courts Service note that data can only be provided where offence codes provided on the system were used by prosecutors. Prosecutors may have used uncoded free text offences and any such offences would not be included in the above data.
