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Tuesday, 14 Jun 2022

Written Answers Nos. 1334-1351

Gambling Sector

Ceisteanna (1336)

Brendan Griffin

Ceist:

1336. Deputy Brendan Griffin asked the Minister for Justice her plans to legislate to help tackle the problem of the normalisation of gambling and the scourge of gambling addiction in communities; and if she will make a statement on the matter. [30183/22]

Amharc ar fhreagra

Freagraí scríofa

The treatment of addiction and related issues are predominately a public health issue and, as such, are the responsibility of my colleague, the Minister for Health and the Health Service Executive. Neither I nor my Department have responsibility for these issues. 

However, the Deputy will be aware that the Programme for Government gives a clear commitment to establish a gambling regulator, which I am working to deliver. The Regulator will be focused on public safety and well-being with responsibility for regulating both in-person and online gambling, gambling advertising, gambling websites and apps.

The Government has approved the Gambling Regulation Bill for priority drafting and publication, and drafting is underway.

The Bill includes a number of measures to address ongoing concerns regarding the advertisement of gambling across all forms of media, problem gambling, the protection of children, ensuring public safety and well-being, and consumer protection. The Bill includes safeguards to address problem gambling, including prohibitions on:

- the use of credit cards as a method of payment for gambling;

- offering credit or loan facilities to consumers;

- offering opportunities to keep gambling free of charge, such as free bets or tokens;

- offering or inducing a person to keep gambling where that person wishes to cease gambling;

- offering enhanced treatment, such as more favourable terms and conditions, the offer of lower stakes, higher prizes or of better odds, etc.;

- offering inducements such as VIP or preferential treatment; and

- offering hospitality such as food, drinks, travel, accommodation or any other products or services.

Furthermore, the Bill includes measures to establish a Social Impact Fund, to be administered by the Authority, for the purposes of financing research and information, education and awareness raising measures, and appropriately supporting problem gambling treatment activities by relevant health professionals.  

The publication by the Justice Committee of its pre-legislative scrutiny report on the General Scheme is another welcome step in the process. Now that I have received the pre-legislative scrutiny report, my officials will examine and consider the recommendations and findings of the Committee.   

A Programme Board has been established in my Department to ensure that the legislation and the operational preparations are progressed in parallel so that the Authority commences operations as soon as possible after enactment. 

There is a pathway mapped for this legislation progressing which, with the cooperation of the Houses of the Oireachtas, will facilitate the Authority being established in 2023.

An Garda Síochána

Ceisteanna (1337)

Neasa Hourigan

Ceist:

1337. Deputy Neasa Hourigan asked the Minister for Justice the number of community gardaí stationed at the Bridewell Garda station and Cabra Garda station, respectively; the comparable figures for each station in each of the past five years; and if she will make a statement on the matter. [30201/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda Commissioner is responsible for the general management and administration of the Garda organisation under the Garda Síochána Act 2005 (as amended). Under Section 33 of the Act, the Commissioner is responsible for the distribution of Garda members throughout the State. As Minister, I have no direct role in these matters.

The Government is committed to ensuring that An Garda Síochána has the resources it needs, with an unprecedented allocation provided in Budget 2022 of over €2 billion.

I am assured that Garda management keeps the distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimal use. I understand that it is a matter for the Divisional Chief Superintendent to determine the distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs.

I am advised by the Garda authorities that on 30 April 2022, the latest date for which figures are available, there were 56 Community Gardaí assigned to the DMR North Central and 64 Community Gardaí assigned to the DMR West. 

The following table, which has been provided to me by the Garda authorities, sets out the number of Community Gardaí assigned to Bridewell and Cabra Garda stations at end of December for the years 2018 up to December 2021, and at 30 April 2022, the latest date for which figures are available. 

Station

Dec-18

Dec-19

Dec-20

Dec-21

30-Apr-22

Bridewell

11

13

13

16

12

Cabra 

7

6

8

7

6

To date, the official categorisation as a Community Garda has simply referred to those members who are exclusively assigned to building relationships with local communities and civil society, including giving talks to schools, community groups and others. It is important to note, however, that community policing is at the heart of An Garda Síochána and that all Gardaí have a role to play in community policing in the course of carrying out their duties.

Indeed, this is fundamental to the new Garda Operating Model recommended by the Commission on the Future of Policing in Ireland and currently being rolled out under 'A Policing Service for Our Future', the Government's implementation plan for the Commission's recommendations.

In the interests of transparency, detailed information in relation to Garda numbers is available on my Department’s website.  This information is updated every month with the latest data provided by An Garda Síochána, and includes the number of Gardaí by station across the whole country and Community Policing numbers.

The information can be found at the following link:

www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures 

Residency Permits

Ceisteanna (1338, 1339, 1340, 1341)

Bríd Smith

Ceist:

1338. Deputy Bríd Smith asked the Minister for Justice the number of applications in relation to waiting times and so on for permanent residence cards that have been received by the Irish Naturalisation and Immigration Service for permanent residence cards by family members of EEA nationals who have complied with the European Communities (Free Movement of Persons) Regulations 2015 in each of the years from 2017 to 2022, in tabular form; the number of applications processed annually; and the average length of time to process the applications per year. [30239/22]

Amharc ar fhreagra

Bríd Smith

Ceist:

1339. Deputy Bríd Smith asked the Minister for Justice if additional resources in relation to waiting times and so on for permanent residence cards has been allocated to meet the target of six months stated in the European Communities (Free Movement of Persons) Regulations 2015 to process permanent residence applications. [30240/22]

Amharc ar fhreagra

Bríd Smith

Ceist:

1340. Deputy Bríd Smith asked the Minister for Justice if, in relation to waiting times and so on for permanent residence cards these applications for permanent residency for family members of EEA nationals are processed in chronological order; and when the applications currently being processed were received. [30241/22]

Amharc ar fhreagra

Bríd Smith

Ceist:

1341. Deputy Bríd Smith asked the Minister for Justice the length of time in relation to waiting times and so on for permanent residence cards, that it takes for family members of EEA nationals to receive temporary stamp 4 permission while the permanent residence application is processed; and if they can travel and return to Ireland while the permanent residency application is being processed. [30242/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1338 to 1341, inclusive, together.

The number of applications received by my Department in the years 2017-2022 (to 8 June) for permanent residence cards by family members of EEA nationals who have complied with the European Communities (Free Movement of Persons) Regulations 2015, is set out in the following table.

Year

No. of Apps Received

No. of Decisions

Average Time (Days)

2017

531

500

221

2018

721

569

258

2019

920

705

458

2020

1116

282

494

2021

1329

1096

242

2022*

625

1341

43

  *2022 figures are correct up to and including 8 June 2022.

Given the nature and volume of information required for Permanent Residence applications, it is not practical to deal with all applications in strict chronological order. However, my Department endeavours to deal with them as closely as possible to chronological order. The initial registration and assessment of applications are dealt with chronologically, however, depending on the information provided and the timing of responses for additional or missing documentation, applications may not then be concluded chronologically.

Given the volume of new applications received in the last two and a half years and the issues caused by the pandemic, the volume of cases backlogged had increased exponentially. However, steps have been taken by my Department to address this and to mitigate the risk of something similar happening again.

The EU Treaty Rights Division of my Department have implemented a two pronged approach, whereby one team processes backlogged cases as a priority and a second team processes new applications chronologically to ensure they do not add to the backlog. This ensures that older cases are getting resolved as quickly as possible, while ensuring new applications received, where all information is provided, do not exceed the six month statutory time limit.

This new approach has led to a marked increase in decisions made by the Permanent Residence Unit and a significant reduction in backlogged cases and the number of days applicants are waiting for a decision.

Applicants for Permanent Residence are advised to submit their applications six months before the expiry date of their current permission. Therefore, in most cases, the issue of a temporary stamp 4 is not necessary immediately. However, in cases where an applicant requires a temporary stamp 4 while their application is being considered, this will issue within two weeks of receipt of the application and is valid for an initial period of nine months.

Applicants who hold a registered temporary stamp 4 are eligible to leave and re-enter the State, subject to any visa requirements that may be attributable either in the State to which they are travelling or on their return to this State. Applicants should advise the EU Treaty Rights Division of any intended absence from the State during this period as correspondence may issue or further documents may be sought in relation to their application.

Question No. 1339 answered with Question No. 1338.
Question No. 1340 answered with Question No. 1338.
Question No. 1341 answered with Question No. 1338.

An Garda Síochána

Ceisteanna (1342, 1343)

Mary Lou McDonald

Ceist:

1342. Deputy Mary Lou McDonald asked the Minister for Justice the number of gardaí assigned to three garda stations (details supplied), broken down by rank in each of the years 2016 to 2021, respectively. [30307/22]

Amharc ar fhreagra

Mary Lou McDonald

Ceist:

1343. Deputy Mary Lou McDonald asked the Minister for Justice the number of gardaí currently assigned to three garda stations (details supplied), broken down by rank. [30308/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1342 and 1343 together.

The Government is committed to ensuring that An Garda Síochána has the resources it needs, with the unprecedented allocation provided in Budget 2022 of over €2 billion.

As 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, which includes decisions on the deployment of personnel among the various Garda Divisions. As Minister, I have no direct role in these matters.

I understand that it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs. 

The following tables, which have been provided to me by the Garda authorities, set out the number of Gardaí assigned to Bridwell, Mountjoy, and Cabra Garda stations at end December 2016 up to end December 2021 and at 31 May 2022, the latest date for which figures are available. 

D.M.R. NORTH CENTRAL     

 STATION

 GD

 SG

 IN

 SU

 CS

 AC

 TOTAL

2016

BRIDEWELL            

116

35

6

1

 

 

158

2017

BRIDEWELL            

126

30

5

1

 

 

162

2018

BRIDEWELL            

134

34

6

1

 

 

175

2019

BRIDEWELL                

137

31

5

1

 

 

174

2020

BRIDEWELL                

128

34

8

1

 

 

171

2021

BRIDEWELL                

124

30

6

1

 

 

161

31 May 2022

BRIDEWELL                

118

33

6

1

 

 

158

 

D.M.R. NORTH CENTRAL     

 STATION

 GD

 SG

 IN

 SU

 CS

 AC

 TOTAL

2016

MOUNTJOY             

169

17

4

1

 

 

191

2017

MOUNTJOY             

176

11

3

1

 

 

191

2018

MOUNTJOY             

185

18

4

1

 

 

208

2019

MOUNTJOY                 

185

22

6

1

 

 

214

2020

MOUNTJOY                 

170

21

8

1

 

 

200

2021

MOUNTJOY                 

159

20

8

1

 

 

188

31 May 2022

MOUNTJOY                 

154

21

7

1

 

 

183

 

D.M.R. WEST              

 STATION

 GD

 SG

 IN

 SU

 CS

 AC

 TOTAL

2016

CABRA                

52

7

2

 

 

 

61

2017

CABRA                

51

6

2

 

 

 

59

2018

CABRA                

51

9

 

 

 

 

60

2019

CABRA                    

59

7

 

 

 

 

66

2020

CABRA                    

59

9

 

 

 

 

68

2021

CABRA                    

52

7

1

 

 

 

60

31 May 2022

CABRA                    

48

4

1

 

 

 

53

Further detailed information in relation to Garda numbers is available on my Department’s website.  This information is updated every month with the latest data provided by An Garda Síochána, and includes the number of Gardaí by station across the whole country.

The information can be found at the following link:

www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures 

Question No. 1343 answered with Question No. 1342.

An Garda Síochána

Ceisteanna (1344)

Mary Lou McDonald

Ceist:

1344. Deputy Mary Lou McDonald asked the Minister for Justice the times that members of the public can currently access assistance at three garda stations (details supplied). [30309/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business under Section 26 of the Garda Síochána Act 2005 (as amended). The Commissioner is also responsible under Section 33 of the Act for determining the deployment of An Garda Síochána throughout the State. As Minister, I play no role in these independent functions and have no part in determining the hours that individual Garda stations are open to the public. 

I am assured that Garda management keeps the distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimal use. I understand that it is a matter for the Divisional Chief Superintendent to determine the distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs.

It is my understanding that Bridewell and Mountjoy Garda Stations are part of the Dublin Metropolitan Region (DMR) North Central Division and that Cabra Station is part of the DMR West Division. 

The Garda authorities have advised me that the following are the current opening times of the public office of each station.

Station

Times Open to Public

Cabra

7am – 9pm

Bridewell

24 Hrs

Mountjoy

24 Hrs

Airport Security

Ceisteanna (1345)

Catherine Murphy

Ceist:

1345. Deputy Catherine Murphy asked the Minister for Justice the number of immigration officials who were rostered to work at Dublin Airport on 2, 3, 4, 5, 6, 17, 18 and 19 June 2022; the breakdown of staff rostered by day and shift and the number assigned to inbound European Union and non-European Union kiosks; if all available immigration kiosks were staffed at all times to check passports and or documentation; and the number of persons who were refused entry on each of the dates. [30313/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, every State has a duty to protect its borders and to refuse entry to people not entitled to enter the State. This is a fundamental exercise of State sovereignty, which is necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is at all times subject to the law and to respect for individual rights.

The Border Management Unit (BMU) of my Department has responsibility for front-line immigration duties at Dublin Airport only. Other ports of entry are the responsibility of the Garda National Immigration Bureau (GNIB).

The Border Management Unit operates on a 24/7 basis. There are eight teams comprising of 17 Immigration Control Officers, rostered across four shifts and deployed to the two Terminals.

Given that arrivals are not evenly dispersed throughout the day, the BMU officers carry out a range of immigration duties and are allocated across various immigration points as required. 

The allocation of immigration personnel is designed to maximise the number of immigration booths operating to address demand during peak periods. This is further supported by automated eGates. 

Under Section 4 of the Immigration Act 2004, an Immigration Officer must determine whether a non-EEA national should be granted leave to land and thus gain entry to the State. In performing their duties, an Immigration Officer is required to consider all of the circumstances of the non-EEA national at the time of entry.

A refusal of leave to land by the BMU is first considered by the Immigration Officer and is always signed off by a more senior officer. There is no appeal process, but it is important to note that a refusal of leave to land, unlike a deportation or a removal order, is specific to the arrival instance and does not preclude the person from seeking to enter the State in the future if they satisfy the conditions for entry. The principle of non-refoulement applies to these decisions.

If a person indicates or is identified as being in need of international protection, they are admitted to the international protection process. However, they will still be recorded as a refusal of leave to land.

The following table sets out the number of persons refused leave to land, and, of those, the number who claimed asylum at Dublin Airport on the dates requested:

Date

No. of Refusals

Of whom claimed Asylum

02-Jun-22

16

13

03-Jun-22

28

26

04-Jun-22

30

29

05-Jun-22

24

20

06-Jun-22

25

24

07-Jun-22

18

14

08-Jun-22

46

41

09-Jun-22

29

28

Peace Commissioners

Ceisteanna (1346)

Seán Crowe

Ceist:

1346. Deputy Seán Crowe asked the Minister for Justice the current number of peace commissioners. [30334/22]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy that there are 5,161 persons listed on the Roll of Peace Commissioners held by my Department.

While every effort is made to keep the Roll up to date, the records do not always reflect the actual situation on the ground because the Department is informed by Peace Commissioners themselves and other interested parties of changes in the circumstances of individual Peace Commissioners since their appointment, for example if they resign from office or pass away.

The Department’s Peace Commissioner Unit updates the Roll when advised of relevant changes.

Airport Security

Ceisteanna (1347)

Michael McNamara

Ceist:

1347. Deputy Michael McNamara asked the Minister for Justice the additional Garda presence at Dublin Airport on the weekend beginning 4 June 2022 to supervise the security queues through departures; and the number of gardaí on duty at the airport on 4 June 2022, compared to 5 June 2021, 30 May 2020 and 1 June 2019. [30336/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, responsibility for the management of security screening at departures in Dublin Airport rests with the Dublin Airport Authority (DAA) and neither I, as Minister for Justice, nor the Garda Commissioner have any role in airport management operations or the supervision of security screening queues.

Additionally, I am advised that the Airport Police Service (APS) is responsible for general policing and aviation security duties at the State airports in Dublin and Cork. The APS is employed by DAA and authorised by the Minister for Transport under the Airport and Air Navigation Acts. Airport Police duties include responding to emergency situations, traffic management and dealing with the preservation of good order to ensure all users of State airports can enjoy a safe environment while working or travelling through the airports.

The Deputy will also be aware that the deployment of Garda members to operational policing duties is a matter for the Garda Commissioner by law and that, as Minister, I play no role in these independent functions. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use.

I am advised that An Garda Síochána's Dublin Airport station is part of the Dublin Metropolitan Region (DMR) North Division. For operational reasons, the number of members on duty at any one time at Dublin Airport station is not publicly unavailable.

An Garda Síochána

Ceisteanna (1348)

Neasa Hourigan

Ceist:

1348. Deputy Neasa Hourigan asked the Minister for Justice the status of her plans to establish the necessary mechanism to allow relevant information from An Garda Síochána be shared with Operation Denton; and if she will make a statement on the matter. [30393/22]

Amharc ar fhreagra

Freagraí scríofa

The Deputy refers to Operation Denton, which is  an ongoing independent analytical review in the United Kingdom into the activities of what was known as the Glenanne Gang in Northern Ireland.

Operation Denton forms part of the work of the Kenova Investigation Team with regard to a series of Northern Ireland legacy cases.

An Garda Síochána is committed to cooperating to the greatest extent possible with Kenova and already has in place a High Level Agreement which supports mutual co-operation and exchange of information with the Operation Kenova Investigation Team in the context of criminal investigations. The Historical Investigation Coordination Unit within An Garda Síochána continues to support this work. 

Operation Denton is a distinct strand in the work of Kenova, an analytical review rather than a criminal investigation and, in the circumstances, it was necessary to obtain the advices of the Office of the Attorney General with regard to the available legal measures to facilitate cooperation. The Deputy will appreciate that the necessary information sharing framework  must be in place to facilitate cooperation between An Garda Síochána and Operation Denton.

Following receipt of advices from the Attorney General, work is nearing completion in my Department on an appropriate mechanism to facilitate this cooperation.

I can assure the Deputy of my continuing commitment to supporting An Garda Síochána in pursuing this work and in providing assistance to the greatest extent possible.

Gambling Sector

Ceisteanna (1349)

Verona Murphy

Ceist:

1349. Deputy Verona Murphy asked the Minister for Justice the measures that have been taken as part of the gambling regulation Bill to control online gambling given its unlicensed status and if she will make a statement on the matter. [30472/22]

Amharc ar fhreagra

Freagraí scríofa

At present, the regulation of gambling is provided for under the Betting Act 1931 (as amended) which is the responsibility of my colleague, the Minister for Finance, and the Gaming and Lotteries Act 1956 (as amended), which falls under my remit. These acts provide for the licensing and operation of bookmakers, including betting by remote means, and for the control and regulation of gaming and lottery activities. 

Gaming as understood by the Gaming and Lotteries Act 1956, does not include the provision of games and lotteries by remote means, such as online or via apps. In that context , 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. 

The Government has approved the Gambling Regulation Bill for priority drafting and publication, and drafting is under way. Importantly, the Bill will address the currently fragmented legislative framework in relation to gambling in the State and the regulation of same. To achieve this, the Bill will introduce a modernised and streamlined licensing framework to reflect the nature of gambling in the State, with new types of licences for both in-person and online / remote betting as follows:

- Business to Consumer Gaming, Betting and Lottery Licences;

- Business to Business Licences; and

- Gambling licences for Charitable/Philanthropic Causes.

This approach is based on the recommendations of both the Inter-Departmental Working Group on Future Licensing and Regulation of Gambling and the Final report on the establishment of a modern regulatory environment and authority for all gambling activities licensed in Ireland. These reports are available on my Department’s website as follows: 

- www.justice.ie/en/JELR/IDWG-Report-on-Future-Licensing-and-Regulation-of-Gambling.pdf/Files/IDWG-Report-on-Future-Licensing-and-Regulation-of-Gambling.pdf 

- www.justice.ie/en/JELR/Final-Report-on-Gambling-Regulation.pdf/Files/Final-Report-on-Gambling-Regulation.pdf

The Bill includes provisions to ensure that the Authority will have the necessary powers to enforce the licensing regime with statutory power to impose a range of appropriate sanctions. 

There is a pathway mapped for this legislation progressing which, with the cooperation of the Houses of the Oireachtas, will facilitate the Authority being established and operational in 2023.  

Recruitment of the CEO Designate is also underway through an open Public Appointments Service competition.

A Programme Board has been established in my Department to ensure that the legislation and the operational preparations are progressed in parallel so that the Authority commences operations as soon as possible after enactment.

Citizenship Applications

Ceisteanna (1350)

Michael Healy-Rae

Ceist:

1350. Deputy Michael Healy-Rae asked the Minister for Justice the status of an application for citizenship by a person (details supplied); and if she will make a statement on the matter. [30485/22]

Amharc ar fhreagra

Freagraí scríofa

I am pleased to inform the Deputy that a certificate of naturalisation issued to the person concerned by registered post on 8 November 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.

Citizenship Applications

Ceisteanna (1351)

Michael Healy-Rae

Ceist:

1351. Deputy Michael Healy-Rae asked the Minister for Justice the status of a citizenship application by a person (details supplied); and if she will make a statement on the matter. [30486/22]

Amharc ar fhreagra

Freagraí scríofa

I am pleased to inform the Deputy that a certificate of naturalisation issued to the person concerned by registered post on 3 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.

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