Written Answers Nos. 1370-1389
1370. Deputy Pa Daly asked the Minister for Justice her views on the recent decision to suspend the Council of Europe agreement on the abolition of visas for refugees; and the estimated number of visitors affected by the agreement in each of the years 2018 to 2021 and to date in 2022, in tabular form. [42154/22]
Amharc ar fhreagraOn 18 July 2022, the Government agreed to a proposal from myself and my colleague, the Minister for Foreign Affairs, to temporarily suspend Ireland’s participation in the Council of Europe Agreement for the Abolition of Visas for Refugees. The temporary suspension came into operation from noon on 19 July 2022. At the same time, a revised Visa Order was introduced to require visa required refugees travelling to Ireland from participating Member States to have an Irish visa.
Figures provided by the EU from its asylum fingerprint database, Eurodac, show a marked increase in secondary movements of people who have been granted international protection in another EU Member State and who have travelled to Ireland to make a subsequent application (as outlined in the following table).
The figures show an increase from 9 in 2017 to 1,418 last year.
|
Year |
Ireland Category 1 against Foreign Marked Hits |
|
2017 |
9 |
|
2018 |
83 |
|
2019 |
138 |
|
2020 |
672 |
|
2021 |
1418 |
The suspension of the operation of the Agreement is temporary and will be reviewed in a year’s time. In the meantime, Convention travel document holders who want to travel to Ireland can apply for a visa under standard visa arrangements.
The visa free travel arrangements for Ukrainian nationals introduced on 25 February in response to the war in Ukraine remain unaffected by this decision.
The Border Management Unit of my Department, who are responsible for immigration duties at Dublin Airport, does not record data on the number of visitors to Ireland who hold Convention travel documents. Therefore, I am unable provide the data sought by the Deputy.
1371. Deputy Patrick Costello asked the Minister for Justice the appointment process for the recently announced additional Data Protection Commissioners; if the Public Appointments Service will be used; if not, if there will be an open competition; and if she will make a statement on the matter. [42175/22]
Amharc ar fhreagraThe Programme for Government commits to ‘recognise the domestic and international importance of data protection in Ireland’ and states that the Government ‘will ensure that Ireland delivers on its responsibilities under the General Data Protection Regulation’.
The Government is very conscious of the commitment to deliver effective data protection regulation and protection of the data privacy rights of EU citizens, which is critical to the development and growth of our digital economy. In dialogue with the Commission, and with other relevant Government Departments, my Department’s role is to ensure that it continues to have the resources required to fulfil its important, statutory obligations, under on-going review.
In line with this commitment, on 27 July, I announced that the Government had approved commencement of the process to appoint two additional Commissioners to support the evolving organisational structure, governance and business needs of the Data Protection Commission. The appointments are to be made in accordance with Section 15 of the Data Protection Act 2018, which provides for up to three Commissioners to be appointed.
The process to select the two new Commissioners will be undertaken by the Public Appointments Service, as provided for under this section of the Act. The appointments will then be made by the Government. The terms and conditions of the appointments are subject to the agreement of the Minister for Public Expenditure and Reform. It is expected that this process will take in the region of six months to complete.
1372. Deputy Patrick Costello asked the Minister for Justice if her attention has been drawn to the concerns raised by the United Nations Human Rights Committee in its recently published Concluding Observations on the Fifth Periodic Report on Ireland on the lack of transparency and reiterated refusal to publish the Dóchas reports on the treatment and conditions of detention of women detainees; and if she will make a statement on the matter. [42189/22]
Amharc ar fhreagra1373. Deputy Patrick Costello asked the Minister for Justice if her Department will commit to the publication of the unpublished Dóchas reports as recommended by the United Nations Human Rights Committee in its recently published Concluding Observations on the Fifth Periodic Report on Ireland; if a timeline can be provided; and if she will make a statement on the matter. [42190/22]
Amharc ar fhreagraI propose to take Questions Nos. 1372 and 1373 together.
Based on legal advice received by my Department from the office of the Attorney General, it is not proposed to publish, at this time, a three day monitoring report (August 2021) or a section 31(2) (February 2022) report received from the Inspector of Prisons in relation to the Dóchas Centre. My Department has also received (July 2022) a supplementary report requested by me in relation to matters arising from the section 31(2) investigation and this is being considered in conjunction with the earlier reports.
As the Deputy may be aware, the report of the Inspector of Prisons Covid-19 Thematic Inspection of the Dóchas Centre was published on 28 April 2022.
The following revised reply was received on 16 January 2023.
I propose to take PQs 1372 and 1373 together.
Based on legal advice received by my Department from the office of the Attorney General, it is not proposed to publish, at this time, a three day monitoring report (August 2020) or a section 31(2) (February 2022) report received from the Inspector of Prisons in relation to the Dóchas Centre. My Department has also received (July 2022) a supplementary report requested by me in relation to matters arising from the section 31(2) investigation and this is being considered in conjunction with the earlier reports.
As the Deputy may be aware, the report of the Inspector of Prisons Covid-19 Thematic Inspection of the Dóchás Centre was published on 28 April 2022.
1374. Deputy Patrick Costello asked the Minister for Justice when the Joint Interviewing Protocol between An Garda Síochána and social workers was last reviewed; when a review is next scheduled; and if she will make a statement on the matter. [42215/22]
Amharc ar fhreagra1375. Deputy Patrick Costello asked the Minister for Justice the number of joint interviews that have been undertaken by gardaí with social workers in the past 12 months, broken down by Garda district. [42216/22]
Amharc ar fhreagraI propose to take Questions Nos. 1374 and 1375 together.
As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including operational policing matters. As Minister, I have no role.
I am informed that a Joint Working Protocol between An Garda Síochána and Tusla is currently being drafted, which states that joint specialist interviewing by An Garda Síochána and social workers may be required. I am also informed that interviewing of both children and vulnerable adults will be covered by this protocol.
Regarding the number of joint interviews, I am informed by the Garda authorities that an interview (or joint interview) is not recorded in any structured way on PULSE that An Garda Síochána can query. It is not therefore possible to provide the information sought by the Deputy from the Garda records.
1376. Deputy Mary Lou McDonald asked the Minister for Justice if she will provide an update on the processing of an application for citizenship in respect of a person (details supplied) ; and the current length of time that a citizenship application is taking to process. [42276/22]
Amharc ar fhreagraBased on the information provided by the Deputy, it has not been possible to locate a citizenship application for the person referred to. The reference number provided suggests that they may have made an application to the Department of Foreign Affairs under their foreign births registration process.
To be of some assistance, I have provided some general information below in relation to the naturalisation process.
Regrettably, the current average processing time for naturalisation applications is approximately 23 months. 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.
My Justice Plan 2022 commits to developing a fully digital, customer-centric immigration service and to enhance the efficiency of our immigration system. In line with these commitments, a number of actions have been taken to reduce the impact on immigration processing times, including the introduction of online applications, a new customer service help desk and a new customer-focused immigration website.
As a result of the introduction of the temporary statutory declaration process in January 2021, and the assignment of additional staff to the citizenship team, last year, 11,512 citizenship decisions were made. This is the highest number of decisions made annually since 2015 and reflects positively the significant changes undertaken to date. For the first six months of 2022, almost 7,900 citizenship decisions have been issued.
Since 1 January 2022, new applicants for citizenship no longer have to submit their original passport with their application. Instead, they can provide a full colour copy of their entire passport, including the front and back covers. This is also freeing up valuable staff that up to now have been engaged in returning passports to applicants and will also help to reduce processing times.
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.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.
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.
1377. Deputy Peadar Tóibín asked the Minister for Justice the training that is provided to work training officers who are employed on specialist schemes in the Irish Prison Service; if there are plans to review specialist schemes by upgrading work training officers to accredited training courses; the criteria required for a work training officer to transfer to another specialist scheme on both a permanent and a temporary basis; and if she will make a statement on the matter. [42324/22]
Amharc ar fhreagraI am advised by the Irish Prison Service that assignments to work and training posts in the Prison Service are made following the selection of suitable personnel identified through a competency based interview process.
In addition to the competency interview process, a number of Work and Training Officer (WTO) posts require the applicant to hold a formal qualification in a specialist area as part of the eligibility criteria. These specialist areas include construction, metal and joinery areas.
For general work and training posts, specific training is provided to the assigned Work and Training Officers in order to facilitate them in reaching an appropriate level of competency to perform their duty. This includes accredited training courses relative to the work training area such as the Certificate in Exercise and Health Fitness (CEHF) with University of Limerick for WTO Gym and the Professional Cookery Course for some WTOs in Catering. Furthermore, all Work and Training Officers are provided with an accredited Train the Trainer Course to develop their training skills.
The Work and Training area is reviewed regularly to ensure the work options available continue to meet the needs of prisoners and are relative to employment options in the community. The requirement for additional accredited training for staff forms part of those reviews relative to any change in work training options and/or health and safety requirements.
Work and Training Officers can seek to transfer to another work and training area. The transfer criteria includes a requirement for the Officer to have completed specific courses, a commitment to complete courses relevant to the new work area, and the duration of service in the work training area. There is no facility for a Work and Training Officer to move temporarily from one work area to another. However for instances where, for operational requirements such as where a vacancy exists within an essential work area, an Officer with the requisite competency to fulfil that role may be assigned to the area.
The Irish Prison Service continually monitors the staffing requirements and vacancies that arise as a result of multiple factors including mobility, promotions and retirements, and recruitment campaigns are put in place as required.
1379. Deputy Catherine Murphy asked the Minister for Justice if she will provide an update in respect of an application by a person (details supplied) for citizenship. [42352/22]
Amharc ar fhreagraThe naturalisation application from the person referred to by the Deputy was received on 20 March 2022 and continues to be processed by my Department with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation.
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.
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.
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.
1380. Deputy Patrick Costello asked the Minister for Justice the salary scale of a registrar of the District Court. [42366/22]
Amharc ar fhreagraManagement of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. The Courts Service operates under its own vote. It has its own Accounting Officer and lays its reports and accounts directly before the Oireachtas. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas at: oireachtasenquiries@courts.ie.
Staffing, HR and salary scales are operational matters for the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.
1381. Deputy Bernard J. Durkan asked the Minister for Justice the current and or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [42367/22]
Amharc ar fhreagraFor reasons of maintaining full confidentiality, it is not my Department's practice to comment on whether an application for asylum or subsidiary protection has been made in the State. An applicant for such protection status, or their legal representative, should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate.
The IPO may be contacted: by email to info@ipo.gov.ie; by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.
The IPAT may be contacted either: by email to info@protectionappeals.ie; by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.
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.
1382. Deputy Bernard J. Durkan asked the Minister for Justice if extra funding has been sought for by the Garda Commissioner for Garda car replacement; and if she will make a statement on the matter. [42374/22]
Amharc ar fhreagraThe Deputy will be aware that, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána. The allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. As Minister, I have 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 crime trends and policing priorities, to ensure their optimum use.
Budget 2022 provides in excess of an unprecedented €2 billion for An Garda Síochána, of which I am informed that €12m has been allocated for investment in the Garda fleet, which will mean more high visibility policing in our towns and cities.
I am informed by the Garda authorities that at 31 August 2022 there were 3,299 vehicles attached to the Garda fleet. This represents an increase of 6% since December 2020.
I am advised by the Garda authorities that no additional capital funding for the replacement of Garda vehicles is required in 2022, as it is considered that sufficient funding has been provided within the 2022 Estimates for the replacement of Garda vehicles during 2022. As the Deputy will appreciate, funding requirements for 2023 will be determined as part of the Estimates process for 2023 in the normal way.
1383. Deputy Paul Murphy asked the Minister for Justice her Department’s plans, if any, to improve the security of ports to ensure that dogs that have been stolen are stopped before they are exported from Ireland; and if she will make a statement on the matter. [42383/22]
Amharc ar fhreagraAs the Deputy will be aware, there are a number of State agencies involved in the security of Ports of Entry to the State that do not rest under my remit as Minister for Justice. These include Revenue's Customs Service, the Department of Agriculture, Food and the Marine, the Department of Transport, Harbour Police and the Defence Forces.
The primary function of An Garda Síochána at ports is immigration control of passengers seeking to enter the State, while responsibility for the investigation of all goods (including live animals) leaving and entering the State is the responsibility of Revenue's Customs Officers.
In relation to dog theft, as the Deputy is aware, An Garda Síochána record and investigate any report of the theft of a dog in line with crime recording and investigation policies. Detection of dog theft is subject to intelligence led operations and the relevant information coming to hand which is shared with all agencies tasked with the prevention and detection of the illicit export of stolen dogs.
The Garda National Crime Prevention Unit coordinates crime prevention initiatives aimed at reducing crime. They include crime prevention information campaigns via social media and traditional media. Further information is available at the below link.
garda.ie/en/about-us/our-departments/office-of-corporate-communications/news-media/dog-theft-crime-prevention-advice.html.
1384. Deputy Michael Healy-Rae asked the Minister for Justice if an issue in relation to proofing houses in Ireland for deactivated firearms (details supplied) will be examined; and if she will make a statement on the matter. [42396/22]
Amharc ar fhreagraFirearms proofing is a safety matter in relation to the production and use of a firearm, and is normally carried out at the point of manufacture.
Establishing a proof house in Ireland is a matter ultimately for the Minister for Enterprise, Trade and Employment under the Firearms (Proofing) Act 1968.
Many European Union countries, including Ireland, do not have any domestic firearms production and, in the absence of sector specific EU legislation on the product safety of firearms, the product and consumer safety issues relating to firearms fall under the General Product Safety Directive (GPSD) 2001/95/EC of the European Commission.
Responsibility for the implementation of this Directive (including related market surveillance and enforcement issues) rests with the Department of Enterprise, Trade and Employment.
In relation to deactivation of firearms, as referenced in the details supplied, a new EU Deactivation Regulation came into force in 2016. It introduced new EU-wide standards for deactivated firearms to ensure that such firearms cannot be reactivated. This Regulation also introduced an EU Deactivation Certificate and a new EU deactivation mark. A new set of requirements applies to firearms deactivated from 8 April 2016 onwards. The Regulation was subsequently amended by Commission Implementing Regulation (EU) 2018/337 which came into effect on 20 June 2018 and which provides for revised technical specifications.
An EU Deactivation Certificate can only be issued by an entity that has been approved as a deactivation verifier by an EU Member State; these verifying entities may be a State body or a specified proof house. As provided by S.I. No. 283/2020 – European Union (Designation of Verifying Entities for Deactivation of Firearms) Regulations 2020 – the Garda Commissioner has been designated as the verifying entity for firearms, other than those possessed by the Defence Forces, in Ireland. However, it is understood that some implementing arrangements still require to be finalised by An Garda Síochána in this regard. Persons wishing to obtain an EU Deactivation Certificate can therefore continue to make use of approved verifiers in other Member States. A list of verifying entities is available on the Department of Justice website at the following address: www.justice.ie/en/JELR/Pages/FAQ#:~:text=The%20only%20acceptable%20proof%20that,yet%20approved%20such%20an%20entity. It should be noted that certificates from the United Kingdom are only acceptable if they were issued before the end of the transition period on 31 December 2020.
1385. Deputy Peter Burke asked the Minister for Justice the status of the recently published gambling legislation; when the gambling regulator will be in place; and if she will make a statement on the matter. [42409/22]
Amharc ar fhreagraThe 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 General Scheme of the Gambling Regulation Bill has been published and the Government has approved the Bill for priority drafting, which is under way. There is a pathway mapped for this legislation progressing which, with the cooperation of the Houses of the Oireachtas, will facilitate the Gambling Regulatory Authority of Ireland being established and operational in 2023.
Last October, the Department of Public Expenditure and Reform sanctioned the recruitment of the CEO Designate of the Gambling Regulatory Authority of Ireland. I am pleased to say that process has now completed and as of today, 8 September 2022, Ms. Anne Marie Caulfield, has been appointed to the role of CEO Designate and will assume her duties immediately.
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.
1386. Deputy Patricia Ryan asked the Minister for Justice if a list of active peace commissioners will be made available to the public online ; and if she will make a statement on the matter. [42511/22]
Amharc ar fhreagraI can advise the Deputy that my Department maintains the Roll of Peace Commissioners and while every effort is made to keep this Roll up to date, the records do not always reflect the actual situation on the ground. This is because the Department is reliant on the Peace Commissioners themselves and other interested parties advising of changes in the personal circumstances of individual Peace Commissioners since their appointment.
My Department is currently updating the Roll of Peace Commissioners, an exercise that is expected will take some time. When completed, consideration will be given to making the register available online.
Anyone wishing to avail of the services of a Peace Commissioner can contact their local Garda Station who may be able to provide the name and address of a Peace Commissioner in their area. Alternatively, they may contact the Peace Commissioner Unit in my Department which is pleased to assist individuals who require the services of a Peace Commissioner. The Peace Commissioner Unit in my Department can be contacted by emailing peacecommissioners@justice.ie or info@justice.ie.
1387. Deputy Sean Fleming asked the Minister for Justice the status of a category of persons (details supplied) who are in the State and who are seeking to have their situation regularised; and if she will make a statement on the matter. [42534/22]
Amharc ar fhreagraAs the Deputy will appreciate, polygamous marriage is not recognised in Irish law and therefore, the ‘second’ wife cannot be recognised as a spouse for the purposes of family reunification. For this reason, my Department cannot grant an immigration permission based upon spousal dependency to the 'second' wife.
Furthermore, as this is a polygamous marriage, any application submitted for the 'second' wife may have consequences for any future immigration permission for the existing 'first' wife.
However, it may be open to the 'second' wife to make an application for an immigration permission or an employment permit in her own right that does not rely on spousal dependency. Any such application will be determined on its own merits.
With regards to children, my Department will accept and process applications from all biological or adopted children of the father, as set out in the details supplied by the Deputy.
1388. Deputy Niamh Smyth asked the Minister for Justice if the case of a person (details supplied) will be reviewed; if the matter will be expedited; and if she will make a statement on the matter. [42553/22]
Amharc ar fhreagraAs the Deputy will be aware, the Irish Central Authority is located within my Department and is responsible for receiving and transmitting information with other national Central Authorities. In April 2022, the Scottish Central Authority raised this case with the Central Authority in my Department. Officials are currently corresponding with the Scottish Central Authority and the International Social Services of Ireland (ISSI), located in Tusla, regarding this matter.
The current position is that the ISSI requested further documentation on 25 July. The Central Authority sent the request to the Scottish Authority with further reminders issuing on 2 September 2022 and 8 September.
I would like to assure the Deputy this matter is receiving ongoing attention by the Irish Central Authority and is being progressed as quickly as possible in conjunction with the Scottish Authority and ISSI.
1389. Deputy Mark Ward asked the Minister for Justice when the inquest into the death of a person (details supplied) who died whilst in the custody of Wheatfield Prison in 2019 will be heard; the reason for the delay; and if she will make a statement on the matter. [42570/22]
Amharc ar fhreagraAs the Deputy may be aware all deaths in custody are subject to internal review by the Prison Service, a Garda investigation and an inquest conducted by the Coroner.
In addition, at the request of the Minister for Justice, all deaths in custody are subject to an independent investigation by the Inspector of Prisons. In the interest of transparency, finalised reports of such investigations and any associated Prison Service Action Plan to address recommendations are published in an anonymised form.
I understand that the Office of the Inspector of Prisons has been in contact directly with the Deputy in this regard and I can further advise the Deputy that, in keeping with its standard practice, the Office has made arrangements to meet the family to let them know the outcome of the investigation, and to make them aware of plans for the anonymised publication of the report, which will take place in the very near future.
Insofar as the inquest is concerned, and as I am sure the Deputy is aware, Coroners are independent, quasi-judicial office holders whose core function is to investigate sudden and unexplained deaths so that a death certificate can be issued. The exercise of these statutory powers by a Coroner during an inquest is entirely a matter for the relevant Coroner. Neither I nor my Department have any role in directing the work of coroners or in individual death investigation cases.
However, to be of assistance, my officials have contacted the Dublin District Coroner’s Office and were advised that the inquest file in this instance is at an advanced stage. The Inspector of Prisons report will be available to the Coroner upon its publication.
