Thursday, 8 Sep 2022

Written Answers Nos. 1390-1409

Residency Permits

Ceisteanna (1390)

Paul Murphy

Ceist:

1390. Deputy Paul Murphy asked the Minister for Justice further to Parliamentary Question No. 513 of 5 July 2022, if she will clarify pre-clearance permission eligibility (details supplied). [42608/22]

Freagraí scríofa

Minister for Justice

I can confirm to the Deputy that my previous response related to visa required nationals who were applying to travel to the State as the spouse of an Irish national.

As set out on my Department's immigration website, a non-visa required national does not need a visa or preclearance in order to travel to Ireland with their Irish spouse.

If the person concerned does not require a visa to travel to Ireland and currently holds permission to remain in the State, then, they and their Irish national spouse or civil partner may attend at their local immigration office and apply for a permission to remain. They should ensure that they bring all relevant documentation to support the application. 

If the person is residing in Dublin, they should register with the Dublin Registration Office and can make an appointment at: burghquayregistrationoffice.inis.gov.ie/. 

If they are residing outside of Dublin they should register with their local Garda station. More information can be found at www.garda.ie/en/contact-us/station-directory/. 

Legislative Reviews

Ceisteanna (1391)

Mick Barry

Ceist:

1391. Deputy Mick Barry asked the Minister for Justice when she expects to receive the report by a person (details supplied) into the review of part 4 of the Criminal Law (Sexual Offences) Act 2017; and if she will make a statement on the matter. [42679/22]

Freagraí scríofa

Minister for Justice

In July 2020, my Department contracted an independent expert to undertake the review of Part 4 of the Criminal Law (Sexual Offences) Act.

As part of the review, an online public consultation was opened and contributions were received from a broad range of organisations with different perspectives. The review will consider all aspects outlined in the Terms of Reference.

The review is being conducted independently of the Department but it is expected it will be completed by the end of the year. Once received, any recommendations made will be considered as a priority.  

Prison Service

Ceisteanna (1392)

Catherine Murphy

Ceist:

1392. Deputy Catherine Murphy asked the Minister for Justice the number of persons on remand in the Irish Prison Service that are permanently in solitary confinement over the past five years to date; the number of persons placed in solitary confinement on a temporary basis over the same time period; and the reason for and duration of same in tabular form. [42709/22]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware there are a number of reasons for the restriction to a person’s regime while in custody. This includes for safety or protection reasons, on the grounds of order and to protect the prison population from the spread of infection, including Covid-19. 

My Department has taken steps to bring the Irish prison system into line with the United Nations Standard Minimum Rules for the Treatment of Prisoners (known as ‘Mandela Rules’) in respect of solitary confinement. This included the introduction of Statutory Instrument 276 of 2017 which amended rule 27 of the Prison Rules 2007 and which provides a statutory entitlement to prisoners for a minimum of two hours out-of-cell time daily. Therefore, all prisoners have a right, save in exceptional circumstances, to a minimum of two hours out of their cell with an opportunity for meaningful human contact.  

This Statutory Instrument is implemented through the Irish Prison Service Policy on the Elimination of Solitary Confinement, which is publicly available on their website.

On occasion, it is necessary for vulnerable prisoners and others to be separated from the general prison population. This is provided for under Rule 63 of the Prison Rules 2007.  A prisoner may, either at his/her own request or when the Governor considers it necessary, in so far as is practicable and subject to the maintenance and good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause significant harm to him/her.

In addition, under Rule 62 of the Prison Rules 2007 a Governor may decide, for the maintenance of good order in the prison, to remove a prisoner from general association or structured activity to reduce the negative effect that a prisoner or prisoners may have on the general population.  Further a smaller number of prisoners may have their regimes restricted for medical (Rule 64) or discipline reasons (Rule 67).  

Since the onset of the Covid-19 pandemic, a number of measures were introduced by the Irish Prison Service in order to protect our prison population including the use of quarantine for new committals and isolation of suspected cases of Covid-19. These measures were introduced in line with Public Health advice and have resulted in an increase in the number of prisoners whose regime has been temporarily restricted. The Deputy will appreciate that, for obvious medical and infection control reasons, those prisoners suspected of infection are placed on a more restrictive form of regime while the testing process is completed.

All prisoners newly committed to prison are placed in quarantine until they return a negative Covid-19 test before being transferred into general population. This measure is in place in order to reduce the risk that a new committal, who might be incubating the virus, could spread Covid-19 into the general prison population. Furthermore, any prisoner who informs staff that they are experiencing symptoms of Covid-19 is immediately assessed by prison healthcare staff who arrange for the prisoner to be isolated and tested.  A prisoner who shares a cell with a positive case is placed in quarantine, an antigen test is taken on day 5 and the prisoner is returned to general population on receipt of a negative result.  All other identified close contacts remain in the general population however antigen tests are taken on day 1, 3 and 5, these prisoners are actively monitored for the development of symptoms during this period.

It is important to note that prisoners who are in isolation and quarantine continue to have access to a wide range of services and facilities within the prison including phone calls, psychology supports, tuck shop, chaplaincy services and television and I am advised that particular efforts are being made to ensure that prisoners can communicate with their families, through increased provision of telephone services.

The Prison Rules 2007 also provide that the imposition of a restricted regime is closely monitored by the Irish Prison Service and the status of each prisoner on restricted regime within the prison system is regularly reviewed. 

I can also advise the Deputy that the Irish Prison Service gathers information on the regime of prisoners in a quarterly census which is carried out in January, April, July and October each year. The information is collated and published on the Irish Prison Service website.

I regret that the information in relation to the number of remand prisoners who were placed on a restricted regime over the past five years is not currently collated as part of the quarterly census.  Currently, the census returns do not differentiate between remand and sentenced prisoners and to retrospectively provide this information for the five-year period requested would require a disproportionate amount of staff time and resources, and would be extremely onerous to compile.

However, I am advised by the Irish Prison Service that they will begin differentiating between remand and sentence prisoners as part of the October 2022 Census and will provide this information in all future Census Reports.

The information requested by the Deputy in respect of the number of persons placed in solitary confinement on a temporary basis over the past five years, the reason for and duration of same are provided in the tables attached.

Tables

Citizenship Applications

Ceisteanna (1393)

Bernard Durkan

Ceist:

1393. Deputy Bernard J. Durkan asked the Minister for Justice the status of an application for citizenship of a person (details supplied) who applied in November 2021; and if she will make a statement on the matter. [42740/22]

Freagraí scríofa

Minister for Justice

The naturalisation application from the person referred to by the Deputy continues to be processed by my Department, with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. It 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. 

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: [e-mail], 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.

Residency Permits

Ceisteanna (1394)

Bernard Durkan

Ceist:

1394. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed in the case of a person (details supplied); if an alternative procedure can be made available; and if she will make a statement on the matter. [42769/22]

Freagraí scríofa

Minister for Justice

The person referred to by the Deputy was issued a letter by my Department granting them permission to remain in the State for a period of one year valid from 12 July 2022 to 12 July 2023.

As per the approval letter issued to the person concerned, this permission has been renewed to enable them to continue their efforts to obtain a valid passport. The onus rests with the person concerned to ensure that their travel documents are kept up-to-date. The conditions under which a national passport is issued or renewed is essentially a matter for the person concerned to address with their own national authorities.

If the person concerned is required to be present outside the State, they must contact their Consular authorities requesting an Emergency Travel Document (Laissez-Passer) to facilitate travelling to obtain their national passport. The person concerned may wish to contact their nearest national Embassy or Consulate in this regard.

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 ([e-mail]), 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.  

Immigration Support Services

Ceisteanna (1395)

Bernard Durkan

Ceist:

1395. Deputy Bernard J. Durkan asked the Minister for Justice if a means can be found to resolve impediments to the naturalisation process in the case of a person (details supplied); and if she will make a statement on the matter. [42770/22]

Freagraí scríofa

Minister for Justice

I can inform the Deputy that my Department has no record of a naturalisation application being received in respect of the person referred to.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended, and to provide such further information in support of that application. 

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications are processed in line with the eligibility criteria as set out under the Act and assessed individually. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is 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.  

More information on the criteria for making an application for a certificate of naturalisation can be found on my Department's immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.   

An Garda Síochána

Ceisteanna (1396)

Bríd Smith

Ceist:

1396. Deputy Bríd Smith asked the Minister for Justice if she has discussed with the Garda Commissioner the recent violent attacks including those occurring on public transport on members of the LGBTQ+ community; and if she will make a statement on the matter. [42780/22]

Freagraí scríofa

Minister for Justice

I strongly condemn the actions of the small minority who subject others to abuse or attack resulting from their own prejudice.  I can assure the Deputy that I am committed to tackling violence in all its forms and to ensuring that people feel safe and are safe in our communities.

As part of this work I am focused on strengthening hate crime legislation as a priority. We live in a diverse and welcoming country and our laws and values should reflect this.

I will publish the Criminal Justice (Incitement to Violence or Hatred and Hate Crime) Bill in the Autumn which will deal with both incitement to hatred or violence and hate crime.

Development of the new legislation has been informed by an extensive public consultation undertaken by the Department of Justice in 2020, ensuring the legislation will reflect the lived experienced of those affected by hate crime and hate speech. The bill will repeal the Prohibition of Incitement to Hatred Act 1989 and replace it with new, simpler offences. 

The bill will also strengthen the law around hate crime by creating new “hate crime” offences where specific offences are aggravated by hate of a protected characteristic. These protected characteristics are sexual orientation; gender (including gender expression or gender identity); race; colour; nationality; religion; ethnic or national origin and disability.

The Government recently announced a proposal to strengthen the legislation to make it easier to secure convictions through use of an objective “demonstration test” – where guilt can be established if the perpetrator demonstrates hatred at the time of committing the offence, for example, the use of a racial slur, gesture or other evidence of hatred towards the victim – similar to that used in neighbouring jurisdictions.

This is a hugely important piece of legislation that will better support Gardaí in prosecuting and securing convictions for hate crimes and hate speech. It will also, importantly, tell victims of hate crimes that we are determined to help them and will also let perpetrators know that they will be punished for spreading hatred, prejudice and contempt.

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. As Minister, I have no role in such matters.

I can however assure the Deputy that  An Garda Síochána's mission of 'Keeping People Safe' extends to all areas of our communities, including public transport. Garda management also engages extensively with transport operators, including the National Transport Authority, Irish Rail (DART and InterCity rail) and Transdev Ireland (Luas) to provide a high visibility presence on our public transport networks through a co-ordinated approach. 

I am informed that Garda dispatch staff have relocated to the National Train Control Centre in Heuston Station since mid-August, which will further strengthen the links between Gardaí and public transport operators.

In addition, in January 2022, to further support, enhance and strengthen the strategic and operational objectives of Operation Citizen in Dublin, the Gardaí launched Operation Saul. This operation is designed to provide a safe environment for commuters using public transport services in Dublin together with reassuring citizens, visitors and the business community in Dublin that it is a safe place in which to visit, socialise, conduct business and enjoy all its amenities.

Operation Saul currently operates in the Dublin Metropolitan Region South Central, North Central and South Divisions, and plans are underway to extend this operation to the entire Dublin Region. It is furthermore acknowledged that CCTV can play an important role in the detection of illicit behaviour on public transport. An Garda Síochána have excellent relationships with the public transport providers and good quality CCTV across the networks already assists with relevant Garda investigations.

The Deputy may also be aware of An Garda Siochana’s Operation Twin Tracks. This is a Community Engagement and Rail Safety Policing Initiative conducted by Gardaí in partnership with other public transportation stakeholders with the purpose of providing high visibility policing of rail and light rail transport within Dublin and nationwide, and to deliver crime prevention advice.

There were two days of action under Operation Twin Tracks this summer, the most recent of which was 29 July with Gardaí patrolling the DART, Luas and eight inter-city rail routes to prevent and detect anti-social behaviour.

Legislative Reviews

Ceisteanna (1397)

Jackie Cahill

Ceist:

1397. Deputy Jackie Cahill asked the Minister for Justice when it is intended that the Occupiers’ Liability Act 1995 will be next amended; and if she will make a statement on the matter. [42796/22]

Freagraí scríofa

Minister for Justice

Insurance reform is a key priority for this Government and is reflected in the Programme for Government, the Government’s Action Plan for Insurance Reform, and in my Justice Plan 2022.

This is a whole-of-Government effort. My Department has responsibility or part responsibility for 34 of the 66 actions contained in the Action Plan, 26 of which are now complete, including the introduction of the Personal Injuries Guidelines, the enactment of the Criminal Justice (Perjury and Related Offences) Act 2021 and the establishment of the Insurance Fraud Coordination Office, which was opened by An Garda Síochána in July 2021.

In June of this year, I received Government approval to reform duty of care legislation, which is a key insurance reform measure and an important part of the Government’s Action Plan.

I am proposing to amend a number of sections of the Occupiers’ Liability Act 1995, in line with the Government policy objective of restricting the liability of occupiers. I believe these proposals strike the right balance between ensuring that businesses, community groups and organisers of events fulfil their duty of care responsibilities, while also acknowledging the importance of personal responsibility of visitors, recreational users and trespassers.

The proposed amendments, which build on a Review Paper prepared by my Department in February 2021, and subsequently published, contain four key developments:

- they will reflect in primary legislation a number of recent court decisions which rebalance the duty of care owed by occupiers to visitors and recreational users;

- they change the standard to clarify that when the occupier of a property has acted with reckless disregard for a recreational user or trespasser, the standard of reckless disregard rather than that of reasonable grounds should apply in relation to any consideration of liability;

- they limit the circumstances in which a court can impose liability on the occupier of a premises where a person has entered onto premises for the purpose of committing an offence; and

- they allow for a broader range of scenarios where it can be shown that a visitor or recreational user has voluntarily assumed a risk.

The Office of Parliamentary Counsel, working with my Department, will draft the legislative provisions which will be included as Committee Stage amendments to the Courts and Civil Law (Miscellaneous Provisions) Bill 2022.

Local Authorities

Ceisteanna (1398)

Catherine Murphy

Ceist:

1398. Deputy Catherine Murphy asked the Minister for Justice the totality of grant-aid and or subsidy provided to each local authority in 2019, 2020, 2021 and to date in 2022 (details supplied). [42832/22]

Freagraí scríofa

Minister for Justice

Details of the grant-aid and subsidy provided to each local authority by my Department in 2019, 2020, 2021 and to date in 2022, as requested by the Deputy, are outlined in the table below.

	2019 (€)	2020 (€)	2021 (€)	2022 (€)
Irish Refugee Protection Programme (IRPP)
Carlow County Council		112,903
Cavan County Council	124,849
Clare County Council	18,623
Cork County Council	122,627
Donegal County Council	186,693
Dublin City Council		38,881	198,309	163,334
Galway County Council		53,779
Kerry County Council	19,047
Kilkenny County Council		101,516
Laois County Council	100,000	50,000
Limerick City & County Council		4,200
Mayo County Council	122,724
Meath County Council		116,000
Monaghan County Council	114,897
Offaly County Council		50,459
Roscommon County Council		63,990
Sligo County Council Local		14,830
Tipperary County Council		207,349
Waterford City & County Council	5,000	174,138
Westmeath County Council		131,706
Wicklow County Council		214,000
Local Community Safety Partnership
Dublin City Council			50,670
Longford County Council				147,903
Waterford City & County Council			110,427	38,650
Integration funding
Carlow County Council	14,467	17,360
Clare County Council		45,000
Leitrim County Council	45,000
South Dublin County Council	2,720	2,720
Tipperary County Council	70,000

Visa Applications

Ceisteanna (1399, 1450)

Claire Kerrane

Ceist:

1399. Deputy Claire Kerrane asked the Minister for Justice the visa process for a Jordanian citizen seeking to relocate from Abu Dhabi to Ireland with their partner who is an Irish citizen; the appropriate visa for their situation (details supplied); and if she will make a statement on the matter. [42863/22]

Claire Kerrane

Ceist:

1450. Deputy Claire Kerrane asked the Minister for Justice if advice will be provided in relation to the case of a person (details supplied) in which a visa is required for travel to Ireland; and if she will make a statement on the matter. [43628/22]

Freagraí scríofa

Minister for Justice

I propose to take Questions Nos. 1399 and 1450 together.

It is open to any individual to create a visa application at any time via my Department's online facility at: 

www.visas.inis.gov.ie/avats/OnlineHome2.aspx.

When submitting an application, if it is the intention of the applicant to enter the State with a view to residing here, they should apply for a D Type - Join Family visa application. If they intend to visit, then they should apply for a C Type - Visit Visa.

Further information is available on my Department's immigration website to assist when creating a visa application:

www.irishimmigration.ie/coming-to-join-family-in-ireland/.

www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf.

www.irishimmigration.ie/coming-to-visit-ireland/.

The onus, as in all cases, is on the applicant to satisfy the Visa Officer that a visa should be granted.

An Garda Síochána

Ceisteanna (1400)

Catherine Murphy

Ceist:

1400. Deputy Catherine Murphy asked the Minister for Justice if she has engaged with the Garda Commissioner in respect of a dedicated unit within An Garda Síochána that would patrol public transport networks exclusively. [42865/22]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware, the Garda Commissioner is responsible under the Garda Síochána Act 2005 (as amended) for the management and administration of Garda business, including decisions with regard to the establishment of new units.

I understand that the Commissioner does not propose to establish a dedicated transport policing unit at this time. 

Garda management engages extensively with transport operators, including the National Transport Authority, Irish Rail (DART and InterCity rail) and Transdev Ireland (Luas) to provide a high visibility presence on our public transport networks through a co-ordinated approach.

An Garda Siochana’s Operation Twin Tracks is a Community Engagement and Rail Safety Policing Initiative conducted by Gardaí in partnership with other public transportation stakeholders with the purpose of providing high visibility policing of rail and light rail transport within Dublin and nationwide, and to deliver crime prevention advice. There have been two days of action under Operation Twin Tracks this summer, the most recent of which was 29 July with Gardaí patrolling the DART, Luas and eight inter-city rail routes to prevent and detect anti-social behaviour.

In addition, in January 2022, to further support, enhance and strengthen the strategic and operational objectives of Operation Citizen in Dublin, the Gardaí launched Operation Saul. This operation is designed to provide a safe environment for commuters using public transport services in Dublin together with reassuring citizens, visitors and the business community in Dublin that it is a safe place in which to visit, socialise, conduct business and enjoy all its amenities. Operation Saul currently operates in the Dublin Metropolitan Region South Central, North Central and South Divisions, however, plans are underway to extend this operation to the entire Dublin Region.

For the period 31 January to 30 June 2022, there were a total of 3,061 incidents recorded on the Garda PULSE System associated with Operation Saul. Of these incidents 2,979 were non-crime and 82 were crimes which are either under active investigation or have resulted in an accused persons appearing before the Criminal Courts. A total of 65 charges have been preferred under the Operation so far, as well as a small number of Adult cautions and Juvenile referrals.

I also note that CCTV can play an important role in the detection of illicit behaviour on public transport. The Gardaí have excellent relationships with the public transport providers and good quality CCTV across the networks already assists with relevant Garda investigations.

I understand that Garda dispatch staff have relocated to the National Train Control Centre in Heuston Station since mid-August, which will further strengthen the links between Gardaí and public transport operators. It is also my understanding that Irish Rail plans to install more CCTV cameras and increase security patrols on DART carriages. 

An Garda Síochána

Ceisteanna (1401)

Catherine Murphy

Ceist:

1401. Deputy Catherine Murphy asked the Minister for Justice if she and or her officials have engaged with Garda management and or the PSNI in respect of establishing a service similar to the Safe Transport Team in Northern Ireland. [42867/22]

Freagraí scríofa

Minister for Justice

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 decisions with regard to the establishment of new units. As Minister, I have no role in such matters.

I can inform the Deputy that the Commissioner has currently no plans to introduce a dedicated transport police unit. I can also inform the Deputy that I nor my officials have had engagement with Garda management or the PSNI with regard to establishing a service similar to the Safe Transport Team in Northern Ireland

I can however assure the Deputy that  An Garda Síochána's mission of 'Keeping People Safe' extends to all areas of our communities, including public transport. Garda management also engages extensively with transport operators, including the National Transport Authority, Irish Rail (DART and InterCity rail) and Transdev Ireland (Luas) to provide a high visibility presence on our public transport networks through a co-ordinated approach. 

I am informed that Garda dispatch staff have relocated to the National Train Control Centre in Heuston Station since mid-August, which will further strengthen the links between Gardaí and public transport operators.

In addition, in January 2022, to further support, enhance and strengthen the strategic and operational objectives of Operation Citizen in Dublin, the Gardaí launched Operation Saul. This operation is designed to provide a safe environment for commuters using public transport services in Dublin together with reassuring citizens, visitors and the business community in Dublin that it is a safe place in which to visit, socialise, conduct business and enjoy all its amenities.

Operation Saul currently operates in the Dublin Metropolitan Region South Central, North Central and South Divisions, however, plans are underway to extend this operation to the entire Dublin Region. For the period 31 January 2022 to the 30 August, 2022, there were are a total of 3,725 incidents, 90 crime and 3,635 non-crime recorded under Operation Saul on the Garda PULSE System.

It is furthermore acknowledged that CCTV can play an important role in the detection of illicit behaviour on public transport. An Garda Síochána have excellent relationships with the public transport providers and good quality CCTV across the networks already assists with relevant Garda investigations.

The Deputy may also be aware of An Garda Siochana’s Operation Twin Tracks. This is a Community Engagement and Rail Safety Policing Initiative conducted by Gardaí in partnership with other public transportation stakeholders with the purpose of providing high visibility policing of rail and light rail transport within Dublin and nationwide, and to deliver crime prevention advice.

There was two days of action under Operation Twin Tracks this summer, the most recent of which was 29 July with Gardaí patrolling the DART, Luas and eight inter-city rail routes to prevent and detect anti-social behaviour.

Residency Permits

Ceisteanna (1402)

Bernard Durkan

Ceist:

1402. Deputy Bernard J. Durkan asked the Minister for Justice the progress that has been made to date in the determination of an application for residency status in the case of a person (details supplied); and if she will make a statement on the matter. [42910/22]

Freagraí scríofa

Minister for Justice

The person referred to by the Deputy is the subject of a Deportation Order made on 20 June 2002.

Representations were received on their behalf, pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order.  Following the consideration of those representations, a decision was taken that the Deportation Order should be affirmed. This decision was communicated to the person concerned by registered post, dated 9 November 2017.

As previously advised, the person concerned can submit further representations requesting that the Deportation Order be revoked, pursuant to Section 3(11) of the Immigration Act 1999 (as amended).  However, any application would require substantial grounds to be successful. To date, no such further representations have been received on this case, and consequently the Deportation Order remains valid and in place.

It is open to the person concerned or their legal representative to direct any further queries to the Repatriation Division of my Department by email to: [e-mail] or by post to the following address:

Repatriation Division,

Immigration Service Delivery

Department of Justice

13-14 Burgh Quay,

Dublin 2,

D02 XK70

Ireland.

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 ([e-mail])  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. 

Anti-Terrorism Measures

Ceisteanna (1403)

Carol Nolan

Ceist:

1403. Deputy Carol Nolan asked the Minister for Justice the measures that are being taken by her Department to combat the illegal funding of Islamic terrorism within the State; and if she will make a statement on the matter. [42929/22]

Freagraí scríofa

Minister for Justice

Protecting the State and the people from terrorism and supporting international peace and security are amongst the highest priorities for the Government. 

Ireland, like many other open and democratic states, faces a threat from international terrorism, money laundering and terrorist financing activity. 

Legal, regulatory and operational measures are in place to target money laundering and to counter terrorist financing which involve a range of Government Departments and agencies including the Department of Finance, the Department of Justice, An Garda Síochána, the Criminal Assets Bureau, alongside other stakeholders in countering such activity, such as the Central Bank of Ireland, the Revenue Commissioners and the Department of Foreign Affairs. The Anti-Money Laundering Steering Committee led by the Department of Finance, which brings together various stakeholders, was expanded in 2021 and 2022 to include other relevant competent authorities and stakeholders, including the Corporate Enforcement Agency and the Charites Regulator, the Law Society, Prescribed Accountancy Bodies, Legal Services Regulatory Authority and the Property Services Regulatory Authority. 

In accordance with the provisions of section 7 of the Garda Síochána Act 2005, An Garda Síochána is responsible for the investigation of terrorist related activity, including financing. In this regard, An Garda Síochána utilises a number of statutory provisions, including the Criminal Justice (Terrorist Offences) Act 2005, Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 as amended, and the Criminal Justice Act 1984, in the investigation of suspected terrorist financing.

The Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 as amended, which is updated on an ongoing basis ensures that our regulatory framework keeps pace with the increasing integration of financial flows in the internal market, the evolving trends, technological developments and the prevention of organised crime and is in line with our EU obligations.

An Garda Síochána remains vigilant in the monitoring and investigation of any suspected incidents of terrorist financing and continues to conduct intelligence-led operations to disrupt and dismantle domestic or international terrorist networks who facilitate terrorism through terrorism financing.

The Deputy will appreciate that it would not be appropriate for me to comment on the detail of security matters. I can however assure the Deputy that my Department liaises on an on-going basis with An Garda Síochána in respect of such matters.

Immigration Status

Ceisteanna (1404)

Bernard Durkan

Ceist:

1404. Deputy Bernard J. Durkan asked the Minister for Justice the preliminary steps required to be taken by a person (details supplied); and if she will make a statement on the matter. [42944/22]

Freagraí scríofa

Minister for Justice

My Department has no record of having granted an immigration permission or having received an immigration application on behalf of the person referred to by the Deputy.

As the person is over the age of 18 years, and in order to allow for a full examination of their circumstances, they should write directly to my Department at: Domestic Residence and Permissions Division – Unit 2, Immigration Service, 13-14 Burgh Quay, Dublin 2, DO2 XK70.

They should outline if they have held a previous permission to reside in the State, their current circumstances and future intentions in the State and provide any documentation they feel will support their case. Details of permission granted to family members with whom they have been resident in the State and on whom they were dependent should also be provided.

It may also be open to the person concerned to make an application for naturalisation if they meet the criteria. Further information 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 ([e-mail]) 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.  

An Garda Síochána

Ceisteanna (1405, 1406)

Catherine Murphy

Ceist:

1405. Deputy Catherine Murphy asked the Minister for Justice the number and rank of Garda officers that has been recruited from the PSNI on a full-time basis; the number currently seconded to An Garda Síochána from the PSNI; the number of Garda officers that have been seconded to the PSNI to include rank; the number of gardaí by rank that have transferred to the PSNI on a full-time basis; and the plans to further expand the rank of which transfer to and from the PSNI can occur. [42993/22]

Catherine Murphy

Ceist:

1406. Deputy Catherine Murphy asked the Minister for Justice the number of former PSNI officers that have joined An Garda Síochána and been promoted in the organisation since being promoted in the past ten years to date in 2022. [42994/22]

Freagraí scríofa

Minister for Justice

I propose to take Questions Nos. 1405 and 1406 together.

As the Deputy is aware current legislation provides that nationals of an EU Member State, an EEA State, the United Kingdom or the Swiss Confederation are eligible to apply to join An Garda Síochána as recruits, or to join the Garda Reserve, through the normal competitions.

The Garda Síochána Act 2005 (as amended) also provides for the direct recruitment, by way of  competition, of members of the Police Service of Northern Ireland (PSNI) into An Garda Síochána at certain senior levels, i.e. Superintendent, Chief Superintendent and Assistant Commissioner.  

There is also provision for the limited–term secondment of PSNI officers under certain circumstances.

The recruitment and selection process for these senior positions is undertaken by the Policing Authority. 

The Garda authorities have advised that since 2015 a total of 8 former PSNI officers have joined An Garda Síochána of which 1 was promoted (from Superintendent to Chief Superintendent).

The table below sets out the current rank of all former PSNI officers who joined An Garda Síochána in the years between 2015 and 2022 (up to 6 September 2022).

Under the proposed Policing, Security and Community Safety Bill, provision is planned for an extension of the eligibility for appointment to other ranks, subject to future Regulations. 

Year	Rank
2015	1 Superintendent
2017	1 Superintendent
2018	1 Commissioner*, 1 Superintendent
2020	1 Assistant Commissioner, 1 Superintendent
2021	1 Superintendent
2022	1 Assistant Commissioner

*Appointed by Government following an open recruitment process.

I am informed by the Garda authorities that the table below sets out the number of secondments to and from the PSNI since 2012. There are currently no secondments to or from the PSNI.

Year	AGS to PSNI	Duration of secondment	PSNI to AGS	Duration
2012	1 Inspector	1 month	4 Sergeants	1 month
	3 Sergeants	1 month	6 Constables	1 month
	5 Gardaí	1 month
2013	1 Sergeant	1 month	1 Constable	1 month
	4 Gardaí	1 month
2014	Nil	N/A	2 Constables	2 weeks
2015	3 Sergeants	2 Weeks	4 Constables	2 Weeks
	1 Garda	2 Weeks

 

Question No. 1406 answered with Question No. 1405.

Residency Permits

Ceisteanna (1407)

Bernard Durkan

Ceist:

1407. Deputy Bernard J. Durkan asked the Minister for Justice the status of the case of a person (details supplied) who recently received an extension to their residency status for one year only but previously got an extension for three year periods; if there is a particular reason for the reduction in the renewal period; if any particular provisions will be put in place to ensure similar status to that which prevailed previously; and if she will make a statement on the matter. [43001/22]

Freagraí scríofa

Minister for Justice

The renewal of immigration permissions and the duration for which they are granted is a matter for the local Immigration Office. 

It remains open to the person referred to by the Deputy to apply for Long Term Residency (LOTR) or to apply to be naturalised, if eligible. This may provide greater long-term certainty to the person concerned regarding their immigration status in the State.

Information on how to apply for Long Term Residency (LOTR) is available on my Department's immigration website at: www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/long-term-residency/.

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications are processed in line with the eligibility criteria set out under the Act and are assessed individually. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is 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 immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/. 

Residency Permits

Ceisteanna (1408)

Bernard Durkan

Ceist:

1408. Deputy Bernard J. Durkan asked the Minister for Justice the status of the case of a person (details supplied) who recently received an extension to their residency status for one year only but previously got an extension for a five-year period; if there is a particular reason for the reduction in the renewal period; if any particular provisions will be put in place to ensure similar status to that which prevailed previously; and if she will make a statement on the matter. [43002/22]

Freagraí scríofa

Minister for Justice

The person referred to by the Deputy was granted Long Term Residency (LOTR) by my Department on 2 August 2018 until 2023. They were required to register that permission at their local immigration office.

Failure to register any immigration permission granted may result in the permission being revoked or the conditions attaching to the permission being varied. It is a matter for the person to whom the permission is granted to ensure that they comply with the requirements, including the registering of the permission.

As the Deputy will be aware, appointments to register or renew permissions outside of the Dublin area are processed by the Garda National Immigration Bureau (GNIB) through the Garda Station network.

As confirmed by letter of 15 September 2021, the person concerned can renew their permission at their local Immigration Office. The renewal is a matter for GNIB.

Departmental Reviews

Ceisteanna (1409)

Mary Lou McDonald

Ceist:

1409. Deputy Mary Lou McDonald asked the Minister for Justice if the Civil Legal Aid Scheme Review Group has formally commenced its work; the date on which it first met; and if the Review Group will publicly seek submissions from interested parties. [43011/22]

Freagraí scríofa

Minister for Justice

As committed to in my Justice Plan 2022, I recently announced a comprehensive review of the Civil Legal Aid Scheme, for the first time in its more than 40-year history. 

The Review Group is being chaired by retired Chief Justice, Frank Clarke, with membership drawn from those who work with marginalised groups, legal practitioners, academics, Department officials and representatives from the Legal Aid Board, which of course, administers the current Scheme.

I am pleased to say that the Review Group held its first meeting on 22 June 2022, and its work has now commenced.

As the Deputy is aware, since its establishment, the Civil Legal Aid Scheme has been a hugely significant and beneficial resource for many people. However, within those 40 years, Irish society has changed, and the demands of the Scheme have grown. In order to provide maximum benefit to those it was established to serve, within the finite resources available to fund legal aid, a robust, comprehensive review of the Scheme is now timely.

This review will allow for an assessment of how well access to justice is facilitated by the Scheme, particularly for those on low incomes. The Review Group will make recommendations for its future, including in relation to eligibility. This work is expected to take a period of 12 months. The Review Group will report periodically to me on progress before submitting its final report once its work is completed.

As part of the review process, it is intended that there will be significant consultation, including a public consultation, to ensure that the insights of a range of stakeholders regarding the operation of the Scheme – and how best to support those of limited means with legal needs – will inform the work of the Review Group. Capturing the views of those with unmet legal needs will be an important part of the Group’s consultation and engagement. I would encourage as many people as possible to participate and have their say on this important matter once the consultation opens.

Ultimately the review should map out a future for the Civil Legal Aid Scheme, one which will provide for a flexible service that has, as far as possible, the capacity and resources to respond to the priority legal assistance needs of those of insufficient means.