Written Answers Nos. 651-670
652. Deputy Bernard J. Durkan asked the Minister for Justice the progress made to date in the determination of an application for naturalisation in the case of a person (details supplied); when the application is expected to be finalised; and if she will make a statement on the matter. [51427/22]
Amharc ar fhreagraThe naturalisation application from the person referred to by the Deputy was acknowledged as being received by my Department on 27 June 2022 and continues to be processed 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.
Applications are processed in chronological order by date received. Due to the high volume of applications currently on hand, regrettably, median processing times can be up to 19 months.
However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.
In 2021, my Department issued 11,512 citizenship decisions, which is the highest number of decisions made since 2015, and reflects positively the significant changes undertaken to date.
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.
653. Deputy Patrick Costello asked the Minister for Justice the total number of community gardaí posts nationally broken down by division; and the total number of such posts currently filled broken down by division. [51502/22]
Amharc ar fhreagraThe Government is committed to ensuring that An Garda Síochána has the resources it needs, with the unprecedented allocation provided in Budget 2023 of €2.14 billion. This unprecedented amount will fund the recruitment of up to 1,000 new Garda recruits as well as over 400 Garda staff.
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. This includes the deployment of Garda members throughout the State.
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, and that there are no set requirements to have a specific number of Community Gardaí posts across the Divisions.
I am advised by the Garda authorities that at the 31 August 2022, the latest date for which figures are available, there were 768 Community Gardaí. This represents an increase of over 9% since end December 2019 when there were 702 Community Gardaí.
The table below, which has been provided to me by the Garda authorities, sets out the number of Community Gardaí by Division at 31 August 2022, the latest date for which figures are available.
|
Community Gardaí by Division |
Total |
|
D.M.R. EAST |
29 |
|
D.M.R. NORTH |
67 |
|
D.M.R. NORTH CENTRAL |
50 |
|
D.M.R. SOUTH |
54 |
|
D.M.R. SOUTH CENTRAL |
46 |
|
D.M.R. WEST |
63 |
|
KILDARE |
9 |
|
LAOIS / OFFALY |
12 |
|
MEATH |
7 |
|
WESTMEATH |
8 |
|
WICKLOW |
6 |
|
CAVAN / MONAGHAN |
15 |
|
DONEGAL |
71 |
|
LOUTH |
24 |
|
SLIGO / LEITRIM |
10 |
|
KILKENNY/CARLOW |
99 |
|
TIPPERARY |
9 |
|
WATERFORD |
25 |
|
WEXFORD |
16 |
|
CORK CITY |
38 |
|
CORK NORTH |
7 |
|
CORK WEST |
4 |
|
KERRY |
10 |
|
LIMERICK |
34 |
|
CLARE |
10 |
|
GALWAY |
24 |
|
MAYO |
11 |
|
ROSCOMMON / LONGFORD |
10 |
|
TOTAL |
768 |
*The above information is based upon operational data which has been provided by An Garda Síochána and may be liable to change.
To date, the official categorisation as a Community Garda has simply referred to those 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.
654. Deputy Jim O'Callaghan asked the Minister for Justice if any further official events will take place to commemorate the centenary of the foundation of An Garda Síochána; and if she will make a statement on the matter. [51513/22]
Amharc ar fhreagraAs the Deputy is aware, Ireland marked the centenary of An Garda Síochána in 2022 with a number of official events.
Four national commemorative events have already taken place this year to mark the centenary. These are:
- 24 May 2022: Gresham Hotel, Dublin to commemorate the inaugural meeting of the committee which founded An Garda Síochána.
- 13 July 2022: An Garda Síochána launched Garda Centenary Photographic Archive 1922 - 2022.
- 27 August 2022: National Commemorative Event in Dublin Castle.
- 5 September 2022: An Garda Síochána Launched Official Centenary Book - The Guardians
I am informed that there is one national commemorative event scheduled for the remainder of the year. This event will be held in St Patrick's Hall on 10 December 2022.
I am also informed that a number of localised events have taken place in Divisions across the country, in addition to the national events. These events have included the presentation of a Centenary Service Medal to all serving and retired Garda members and a coin to Garda staff. There have also been local exhibitions on Garda history and heritage.
655. Deputy Ged Nash asked the Minister for Justice the number of successful applications for the immigrant investor programme in each of the years 2020, 2021 and to the 1 October 2022; if she will provide information on the nationality of each successful applicant on the basis of the socio-economic purpose of the investment made by each investor including sports, arts and culture, housing and so on; if she will provide this information based on the counties in which each qualifying investment is located and under the aforementioned headings; and if she will make a statement on the matter. [51556/22]
Amharc ar fhreagraThe Immigrant Investor Programme (IIP) was introduced in April 2012 to encourage inward investment and create business and employment opportunities in the State. The programme provides investors with the opportunity to invest in Ireland. Key to the programme is that the investments are beneficial for Ireland, generate or sustain employment and are generally in the public interest.
Over 1,600 applications have been successful under the IIP to date with the value of investments approved over €1bn. The table below provides a breakdown of IIP primary applicants approved by nationality since the inception of the programme to the end of September 30th 2022.
|
- |
|
|
Nationality |
Applications approved |
|
China |
1,511 |
|
USA |
31 |
|
Vietnam |
12 |
|
Saudi Arabia |
5 |
|
South Africa |
4 |
|
Rest of the World |
50 |
|
TOTAL |
1,613
|
All projects which IIP applicants are investing in are also examined in great detail by an Independent Evaluation Committee comprising key officials from my Department, the Department of Finance, the Department of Foreign Affairs, Enterprise Ireland and IDA Ireland who have appropriate corporate expertise in this area. This examination process involves an assessment of the commercial viability of the project; employment outcomes associated with the proposed investment; and the overall benefit to the Irish State. The Committee makes a determination as to whether a project is suitable for IIP investment and if deemed suitable, the individual application will be submitted to me for final approval.
My Department does not currently publish the details of individual approved IIP investments. The tables below provides a breakdown of IIP applications received, approved and the value of investments since the inception of the programme to end of September 30th 2022. Approvals issued in any year may relate to applications which were received in previous years due to the time taken to process applications.
|
- |
|||
|
Year |
Applications received |
Approved applications |
Value of Approved Investment |
|
2012 |
5 |
2 |
1,500,000 |
|
2013 |
18 |
16 |
12,200,000 |
|
2014 |
30 |
8 |
2,950,000 |
|
2015 |
75 |
71 |
38,300,000 |
|
2016 |
334 |
33 |
18,750,000 |
|
2017 |
324 |
373 |
250,700,000 |
|
2018 |
423 |
156 |
138,750,000 |
|
2019 |
443 |
237 |
209,300,000 |
|
2020 |
339 |
270 |
188,000,000 |
|
2021 |
258 |
265 |
185,700,000 |
|
2022 End Sept |
812 |
192 |
132,100,000 |
|
TOTAL |
3061 |
1623 |
1,178,250,000 |
|
- |
|
|
|
Investment Type |
Total Applications Approved |
Total Value of Investment |
|
Enterprise |
842 |
703,000,000 |
|
Investment Fund |
235 |
217,000,000 |
|
REIT |
6 |
12,000,000 |
|
Endowment |
474 |
192,300,000 |
|
Bond & Mixed Investment |
56 |
53,950,000 |
|
TOTAL |
1,613 |
1,178,250,000 |
656. Deputy Jim O'Callaghan asked the Minister for Justice the number of members of An Garda Síochána who are at present unavailable for work due to sick leave, suspension and secondment. [51561/22]
Amharc ar fhreagraI have requested the information from An Garda Síochána, and will respond to the Deputy when this is available.
657. Deputy Niall Collins asked the Minister for Justice if her attention has been drawn to the increasing use of libel actions to intimidate new retail outlets and politicians; the steps she is taking to monitor this; and if she will make a statement on the matter. [51583/22]
Amharc ar fhreagraThe Deputy may be aware that I secured Government agreement on 1st March 2022 to publish a major report on the review of our defamation law carried out by my Department and, on foot of that report, to begin preparation of a General Scheme of a Defamation (Amendment) Bill. The Report contains a number of recommendations which relate to the issues raised by the Deputy.
The objective set for the Review from the outset was to ensure a balanced approach to the right to freedom of expression, the right to protection of good name and reputation, and the right of access to justice.
The Report is published on my Department’s website and is the culmination of extensive work by my Department on a comprehensive review of the Defamation Act 2009 – including a wide-ranging public consultation, and a stakeholder symposium that brought together the media, academics, the legal profession, NGOs, and relevant State bodies. The Report considers in detail all the issues raised by submissions to the public consultation, examines relevant proposed, and implemented, reforms in other common law countries and at EU level, and sets out a range of recommendations for change. The Report’s key recommendations aim to:
- avoid disproportionate awards, and support more consistent, proportionate and predictable redress in defamation cases;
- ensure that an individual whose good reputation is unfairly attacked can avail of quicker, more efficient, better targeted redress, including in cases of online defamation;
- provide clearer protection for responsible public interest journalism and investigative reporting;
- significantly reduce unnecessary legal costs and delays, for all concerned;
- increase the use of ADR, and of prompt correction and apology, where mistakes are made; and
- introduce new measures to combat abuse.
A key recommendation in the report is to introduce a new ‘anti-SLAPP’ mechanism - referring to Strategic Law Suits against Public Participation - to allow a person to apply to court for summary dismissal of proceedings that he/she believes are a SLAPP. SLAPPs are legal proceedings, often without merit, whose main objective is not to succeed on the substantive issue claimed. Instead, they seek to deter debate or criticism by the defendant on matters of public interest, which is inconvenient to the plaintiff’s interest, by generating disproportionate costs and burdens of litigation to intimidate and obstruct them.
The Report also recommends that consideration should be given to the introduction of a ‘serious harm test’ in the case of certain ‘transient’ defamation claims (claims regarding a statement made in non-permanent form, in the course of providing or refusing retail services) to prevent frivolous or vexatious actions.
The Defamation (Amendment) Bill is included in the Government’s autumn Legislation Programme, and my Department is currently working on the General Scheme.
660. Deputy Paul Murphy asked the Minister for Justice if he will provide a list of the names of each special advisor employed by her Department since 2015, the relevant Minister they worked under and the date that their employment with the Department/Minister ceased where applicable. [51784/22]
Amharc ar fhreagraThe information requested by the Deputy is set out in the below.
|
Special Adviser |
Minister |
Date Employment Ceased |
|
Patrick Cluskey |
Helen McEntee |
Currently employed |
|
Fiach Kelly |
Helen McEntee |
Currently employed |
|
Caroline Murphy |
Charles Flanagan |
June 2020 |
|
Sarah Kavanagh |
Charles Flanagan |
June 2020 |
|
Tom Fabozzi |
Charles Flanagan |
April 2018 |
|
Marion Mannion |
Frances Fitzgerald |
June 2017 |
|
Matthew Lynch |
Frances Fitzgerald |
June 2017 |
|
Stephen O’Shea |
Frances Fitzgerald |
June 2017 |
|
William Lavelle |
Frances Fitzgerald |
May 2016 |
|
Niamh Connolly |
Frances Fitzgerald |
May 2015 |
661. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for naturalisation in the case of a person (details supplied) which was submitted in March 2022, if all is in order with the application; if the application can be expedited given the urgent need to travel to visit sick elderly relatives in South Africa; if a travel document can be facilitated in such circumstances given that the parents are both Irish citizens; and if she will make a statement on the matter. [51790/22]
Amharc ar fhreagraThe 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.
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.
Applications are processed in chronological order by date received. Due to the high volume of applications currently on hand, regrettably, median processing times can be up to 19 months.
For any person who has already submitted their naturalisation application, the six weeks absence from the State rule no longer applies. However, if they intend to remain outside of the State for significant periods of time then they should contact Citizenship division at: citizenshipinfo@justice.ie with the details of same.
While awaiting a decision on their application a person is free to travel from the State. However, if their IRP card has expired and they are a visa-required national, they will require a visa to return to the State. They can apply to their local Visa Office/Embassy for the relevant visa to allow them to travel back to Ireland.
In addition any person travelling must be in possession of a national passport. My Department is not in a position to provide assistance with obtaining a new or replacement national passport. This is a matter for the relevant national government. However, the person concerned may consider applying to my Department for a Travel Document. A Travel Document is an official document which assists qualifying non Irish nationals who are resident in Ireland to travel. Further information is available on my Department's website at:
www.irishimmigration.ie/coming-to-join-family-in-ireland/applying-for-a-travel-document/
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.
The 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.
Please also be advised that 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.
662. Deputy Bernard J. Durkan asked the Minister for Justice if there are plans to set up a formal register for suitably qualified persons such as social workers or child psychologists to assist in family law cases. [51800/22]
Amharc ar fhreagraAs the Deputy may be aware, management 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. Therefore I am unable to comment on the specific matters raised by the Deputy.
Registration of health and social care professionals is a matter for Coru, the body charged with regulating the Health & Social Care Professionals, under the health and social care professionals act 2005. Responsibility for this legislation and its associated agencies falls under the remit of the Department of Health.
663. Deputy Catherine Murphy asked the Minister for Justice the number of gardaí within the Kildare division who successfully completed the protestor removal course in 2021 and to date in 2022, in tabular form; and the duration of this course. [51859/22]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, which includes Garda training. As Minister, I have no role in such matters.
I am however informed by the Garda authorities that no member from the Kildare Division completed a Protestor Removal Course in 2021 or to date in 2022.
I am further informed that the duration of the course is 5 days.
664. Deputy Carol Nolan asked the Minister for Justice if she will list all previous examples of criminal provisions or Garda powers which were introduced in legislation after either being specifically opposed, or deemed unnecessary, by An Garda Síochána at the time of their introduction for the period 2011 to date in 2022; and if she will make a statement on the matter. [51874/22]
Amharc ar fhreagraWhen introducing legislation, I and my officials consider the implications of the proposals and consult with other Departments, Agencies and stakeholders affected and will in most instances engage with An Garda Síochána (AGS).
The process of engagement and consultation ensures that the views of AGS, along with other stakeholders, including victims, are considered and reflected in legislation as far as is practicable.
The consultative process is a collaborative one taking into consideration the operational concerns of AGS, other stakeholders and Government policy. While AGS will from time to time express views on the effectiveness of proposals to introduce new criminal provisions or Garda powers, those views will be addressed through ongoing engagement and adaptation of the proposals. As a result, the question of such provisions being specifically opposed or deemed unnecessary by An Garda Síochána does not generally arise.
Both the Department and AGS have developed a process of consultation that is designed to ensure the legislation produced delivers long-term reforms and the creation of legislation to support the Justice System and all its constituent parts.
In light of the above, it is not possible to set out the information sought by the Deputy in list form but I trust this response answers the Deputy's query nonetheless.
665. Deputy Robert Troy asked the Minister for Justice the current average length of time to process probate. [51875/22]
Amharc ar fhreagraProbate is an operational matter for the Courts Service. I have referred the question to the Courts Service for their direct reply.
666. Deputy Duncan Smith asked the Minister for Justice when the promised legislation on gambling regulation will come before the Houses of the Oireachtas; and if she will make a statement on the matter. [51907/22]
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.
As you will be aware, the General Scheme of the Gambling Regulation Bill was published last October and drafting of the Bill is being finalised. I expect that the Bill will be published shortly. 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 8 September 2022, Ms. Anne Marie Caulfield, has been appointed to the role of CEO Designate and has assumed her duties.
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.
667. Deputy Bernard J. Durkan asked the Minister for Justice when a person (details supplied) will be considered for naturalisation given the precarious nature of their position; and if she will make a statement on the matter. [51924/22]
Amharc ar fhreagraAs has been previously advised to the Deputy, my Department cannot locate any naturalisation application regarding the persons concerned.
The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed in line with the eligibility criteria as set out under the Irish Naturalisation and Citizenship Act 1956, as amended. Each application is assessed individually in accordance with the provisions of the Act.
A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
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.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/ .
668. Deputy Eoin Ó Broin asked the Minister for Justice if her attention has been drawn to delays relating to security clearance for prospective employees of an organisation (details supplied); and if she will make a statement on the matter. [52004/22]
Amharc ar fhreagraAs the Deputy may be aware, given the nature of the functions of the Irish Prison Service, it is necessary for checks, in addition to vetting, to be carried out in relation to candidates considered for employment. I am informed that these checks can take time to complete for a variety of reasons depending on the individual case.
The Deputy will appreciate that enhanced background checks and security vetting, as a practice, do not lend themselves an average timeframe for conclusion or closure.
All prospective employees undergoing the security clearance process are contacted directly by the Irish Prison Service as their status progresses. However, in the meantime, if they require an update they can contact the Recruitment Team directly via email at: ipsrecruitment@irishprisons.ie
669. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [52008/22]
Amharc ar fhreagraThe person referred to by the Deputy has applied to the scheme for the Regularisation of Long Term Undocumented Migrants. This application was received by the Undocumented Unit of my Department on 31 May 2022 and continues to be processed. Due to the large number of applications on hand it is not possible to provide a definitive timeframe for a decision to issue.
The processing times of applications will vary depending on the complexity of the application, whether it is a single or family application, the supporting documentation and the vetting process with An Garda Síochána (AGS). Applications where there is an existing deportation order will require additional processing.
Each application received is assessed individually in accordance with the published criteria, available on my Department's immigration website at: www.irishimmigration.ie/wp-content/uploads/2022/01/Undocumented-Policy-Scheme-January-2022.pdf .
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.
670. Deputy Patrick Costello asked the Minister for Justice if she will provide an update on the details of a citizenship application (details supplied) which has been ongoing since 2006 without a resolution; and if she will make a statement on the matter. [52033/22]
Amharc ar fhreagraThe 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.
However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.
In 2021, my Department issued 11,512 citizenship decisions, which is the highest number of decisions made since 2015, and reflects positively the significant changes undertaken to date.
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.
