Written Answers Nos. 151-170
152. Deputy Catherine Murphy asked the Minister for Justice if her attention has been drawn to the UN Committee on the Rights of the Child's call in 2016 for the Government to provide a clear and accessible legal framework to regularise the status of children and their families in irregular migration situations; if her Department plans to create such a legal framework; and if so, the details and timelines for the plan. [53683/22]
Amharc ar fhreagraAs the Deputy will be aware, when the Government formed we committed in the Programme for Government to create new pathways for long-term undocumented people and their dependents who must meet specified criteria to regularise their immigration status.
I launched the scheme for the Regularisation of Long Term Undocumented Migrants earlier this year for a 6 month period and the scheme closed for applicants on 31 July 2022.
This once in a generation scheme was designed to give long-term undocumented people without a current permission to remain in the State the chance to regularise their status, access the labour market and begin their path to citizenship. This scheme was in keeping with the 2016 recommendation by the UN Committee on the Rights of the Child for the Government to provide a clear and accessible legal framework to regularise the status of children and their families in irregular migration situations.
My Department had significant engagement with the NGOs in this sector before and during the timeframe for applications and also widely advertised the scheme in advance of and during the 6 month window it was open. Additionally, a targeted media campaign was launched during the final weeks of the scheme.
All successful applicants to the scheme, over the age of 16, will be granted a Stamp 4 immigration permission. A Stamp 4 permission provides that the holder can work without permit and set up a trade or business in the State for a specified period, subject to conditions. Any period spent on a Stamp 4 permission is considered as reckonable residence when applying for citizenship by way of naturalisation.
Each received application is being assessed individually in accordance with the published criteria, available here: www.irishimmigration.ie/wp-content/uploads/2022/01/Undocumented-Policy-Scheme-January-2022.pdf
My Department recorded 6,548 applications in respect of 8,311 people under the scheme. As of 24 October 2022, the number of decisions that have issued to applicants is:
|
Total Decisions |
3,825 |
|
|
Positive |
3,750 |
98% |
|
Negative |
36 |
0.9% |
|
Withdrawn |
39 |
1.1% |
All other applications continued to be processed and processing times may vary depending on the complexity of the application. Applications where there is an existing deportation order will require additional processing.
However, if a person remains resident in the State without an immigration permission I encourage them to contact the Immigration Service Delivery (ISD) or their local immigration office and to take all the appropriate steps to regularise their status. My Department examines each application to remain in the State on a case-by-case basis and has consistently urged anyone in this position to come forward if they wish to apply to regularise their immigration position in the State.
155. Deputy Catherine Murphy asked the Minister for Justice if she will detail the parameters of the good character requirement in the naturalisation application process; if her Department has any intention of clarifying the definition of the good character requirement in legislation or through a statutory instrument; and if so, the details and timelines for the plan. [53686/22]
Amharc ar fhreagraThe granting of Irish citizenship through naturalisation under the provisions of the Irish Nationality and Citizenship Act 1956, as amended, is a privilege and an honour which confers certain rights and entitlements, not only within the State but also at European Union, as well as international level.
It is therefore important that appropriate procedures are in place to ensure that the integrity of the process is held in high regard both at home and internationally. Section 15 of the Act specifically refers to good character. Ireland, in common with many nations, has a requirement that applicants demonstrate that they are of good character.
Good character evolves over time, not least to take account of the enactment of any new laws in the State. In effect, the applicant’s character and conduct must measure up to reasonable standards of civic responsibility. A person needs to have demonstrated a history of compliance with the laws of the land. Good character is assessed in a number of ways, including but not limited to:
- Information provided by the applicant;
- Garda Vetting reports from the National Vetting Bureau;
- Home Country Police clearance;
- Information provided by Government agencies and bodies relating to adherence to the laws and regulations of the State.
The application form for persons seeking to apply for Irish naturalisation specifically requires the applicant to list offences, incidents and matters related to character and also provides an opportunity to provide additional details regarding any such offence(s)/incidents. The mere fact that a person has committed an offence does not automatically result in an applicant’s refusal, the individual facts and the context of the case are assessed. A person that is refused is provided with a copy of the written submission which recommended refusal.
The administrative processes around granting citizenship through naturalisation are kept under review by officials of my Department to ensure that they remain up-to-date and fit for purpose; the issue raised by the Deputy will be considered in that context.
156. Deputy Catherine Murphy asked the Minister for Justice the number of revocations of certificates of naturalisation from 2000 to date in tabular form. [53687/22]
Amharc ar fhreagraFor the period referred to by the Deputy, a total of six revocations have taken place arising from voluntary revocation or information coming to light regarding identity.
A Committee of Enquiry into Revocations has been established to consider individual cases under the Act and make recommendations to me for final decision.
There have been seven hearings by the Committee of Enquiry into Revocations and seven reports issued for eight applicants since the initial formation of the committee in 2014 and the first hearing in December 2018.
Revocations to-date
|
Year |
No. |
|
2015 |
2 |
|
2016 |
2 |
|
2018 |
1 |
|
2020 |
1 |
The decisions are taken in accordance with the provisions of S.19 (1) of the Irish Citizenship & Naturalisation Act 1956, as amended and following a full consideration of the proportionality of the decision. The granting of Irish citizenship is a privilege and an honour and the revocation of Irish citizenship is only undertaken in the most serious of circumstances.
157. Deputy Catherine Murphy asked the Minister for Justice if her Department has considered the introduction of an independent appeals mechanism for naturalisation decisions; and if so, the details and timelines for the introduction of same. [53688/22]
Amharc ar fhreagraThe 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 this Act.
Following the Supreme Court judgment in Pourgholami v Minister for Justice and Equality, a Single Person Committee of inquiry was established to review the refusal of applications of Irish Citizenship via the naturalisation process where National Security concerns arise.
The Committee has been established to review, upon request from the applicant, the material upon which the decision to refuse to grant a certificate of naturalisation was made, in circumstances where the basis of refusal is in whole or in part predicated on National Security concerns, given that the information concerned is secret and sensitive in nature.
Following a review of the material by the Single Person Committee, the Member will advise the Minister on its disclosure but cannot overturn a decision.
There is no appeals mechanism in place for a refusal on any other grounds.
It is open to a person to make a further application for the grant of a certificate of naturalisation at any time.
An unsuccessful applicant is asked to consider the previous reasons for refusal when making a new application.
158. Deputy Catherine Murphy asked the Minister for Justice the number of stateless persons in the country from 2000 to date; and the number of stateless children in the country from 2000 to date in tabular form. [53689/22]
Amharc ar fhreagraIt has not been possible to compile this information in the time available.
I will write to the Deputy directly with the information requested, when it is available.
159. Deputy Catherine Murphy asked the Minister for Justice if her Department plans to introduce a formal process for determining statelessness, a regularised system for recognising stateless persons in Ireland or a process for stateless children who migrate to Ireland; and if so, the details and timelines for the plan to implement such a process. [53690/22]
Amharc ar fhreagraStatelessness results from the complex interaction of many legal and other factors. There is no specific determination process for recognition of stateless persons in Ireland; claims of statelessness can arise at any point in the immigration and protection processes and the numbers involved are very low.
My Department deals with such cases without recourse to a determination of their statelessness status. The determination of any such cases are not centralised in a single process or section of my Department's Immigration Service Delivery. As such, applications for immigration permission or naturalisation are determined through the procedures set out under the Immigration Acts, the International Protection Act 2015 or the Irish Nationality and Citizenship Act 1956, as amended.
While there is no specific determination process for recognition of stateless persons in Ireland and there are no immediate plans to introduce a formal Stateless determination procedure at this stage, the matter is being kept under review by my Department.
Where an international protection applicant claims to be Stateless, the international protection officer will makes every effort to determine if the relevant applicant is entitled to a particular nationality, including in their country of former habitual residence (the country with which the applicant has the closest connection). Where this is not possible, the applicant’s case will require to be processed based on the working assumption that the applicant is Stateless and their nationality record will represent them as such, solely for the purposes of the international protection determination process.
160. Deputy Eoin Ó Broin asked the Minister for Justice the total number of applications that were made under section 56 of the International Protection Act 2015 in 2021 and to date in 2022; and the number of successful and unsuccessful applications, respectively. [53697/22]
Amharc ar fhreagraMy Department received 1,105 family reunification applications for 3,117 family members under the International Protection Act 2015 between 1 January 2021 and 24 October 2022. The table below gives the number of applications received, including the number of family members encompassed in those applications, broken down by year.
|
Year |
No. of Applications |
No. of Family Members |
Successful Family members |
Unsuccessful Family members |
Withdrawn Family members |
Open Family members |
|
2021 |
451 |
1211 |
484 |
671 |
16 |
40 |
|
2022 (*24 October) |
654 |
1906 |
394 |
779 |
27 |
706 |
I recognise the critical importance of International Protection recipients having their family members reunite with them as soon as possible. Therefore during the current COVID-19 pandemic, Immigration Service Delivery (ISD) continued to accept and process Family Reunification (FRU) applications under the International Protection Act 2015.
It is recognised that all applicants for FRU would wish to have a decision on their application without delay. However, the nature of the FRU 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.
Further information can be found on my Department's website here:
www.irishimmigration.ie/coming-to-join-family-in-ireland/family-reunification-of-international-protection-holders/
161. Deputy Michael Lowry asked the Minister for Justice further to Parliamentary Question No. 330 of 6 October 2022, when a response will issue; and if she will make a statement on the matter. [53730/22]
Amharc ar fhreagraPet theft is an incredibly cruel crime which causes huge trauma for pet owners all over the country. I fully appreciate the strong emotional attachment we all have to our pets and that theft not only leads to their loss in our lives, but also a high level of concern for their welfare. It is also a crime which often affects, and is indeed often targeted against, older and particularly vulnerable people, for whom their pet is of huge emotional importance.
It is important to emphasise that theft offences already apply to this crime, and can carry very heavy penalties. The Criminal Justice (Theft and Fraud Offences) Act 2001 provides for a maximum sentence of 10 years imprisonment in the case of offences of theft and handling of stolen property; while a maximum sentence of 5 years imprisonment is provided for the offence of possession of stolen property.
When imposing sentence, judges are not limited to considering the monetary value of a pet. The emotional distress to the victim caused by the offence is absolutely relevant and can be taken into account when appropriate.
From an enforcement perspective, An Garda Síochána takes this issue very seriously and has conducted several important actions against those responsible. Gardaí have also disseminated information through the national Crime Prevention Officer Network regarding keeping animals secure and preventing these forms of theft. The Garda National Crime Prevention Unit's advice on pet safety, which is in line with the advice from animal welfare groups and animal insurance companies about keeping animals safe, can be viewed on the Garda website.
It is important to note that such incidents are rare and there is no evidence, from the data to hand, of a so-called ‘epidemic’ of pet/dog theft. Whilst there was an increase in reported incidents to An Garda Síochána over the initial periods of the Covid pandemic, these reports have reduced significantly this year and are returning to pre-pandemic levels.
The Government is very conscious of the special place that pets hold in people’s lives, as companions and as a comfort to many. I want to assure you that the Government and An Garda Síochána are dedicated to preventing the theft of companion animals through a range of measures, including microchipping and awareness campaigns.
The below table, provided to me by the Garda authorities, provides the number of incidents of dog theft reported to Gardaí nationally over the previous years. As noted above, figures for this year are trending towards pre-pandemic levels.
|
2018 |
2019 |
2020 |
2021 |
2022* |
|
|
Reported incidents regarding dog theft |
60 |
70 |
121 |
116 |
38 |
|
Stolen Dogs |
145 |
204 |
228 |
280 |
77 |
* Figures up to and including 03 October 2022.
Incident counts are based on reported date and were collated based on operational PULSE data as of 1:30am on 4 October 2022. Crime counting rules are not applied to reflect all recorded incidents.
I would like to emphasise the importance of microchipping. Every dog must be microchipped by the time it reaches 12 weeks of age, or earlier if it is sold or moved from its place of birth (Microchipping of Dogs Regulation 2015), and the microchip must be registered with an authorised database. Microchipping of all dogs protects the animals’ welfare, and assists with speedy identification of lost or stolen dogs and their owners. It is an offence to keep a dog over 12 weeks that has not been chipped and it is an offence to sell such a dog. Microchips can be easily checked at vets and by Gardaí. They are by far and away the most effective means of tracking and identifying dogs.
The Department of Agriculture have also made regulations covering the advertising for sale of animals under the Animal Welfare (Sale or Supply of Pets) Regulations 2019.
162. Deputy Jim O'Callaghan asked the Minister for Health if a disability manager from CH07 disability services in the primary care critical support team can provide ongoing and necessary supports to persons (details supplied); and if he will make a statement on the matter. [53607/22]
Amharc ar fhreagraAs this question refers to service matters, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
163. Deputy Mark Ward asked the Minister for Health if he will provide an update on the targeted recruitment of staff psychologists, clinical psychologists and administrative support staff by the HSE by CHO area; and if he will make a statement on the matter. [53608/22]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly.
164. Deputy Mark Ward asked the Minister for Health if he will provide an update on the national recruitment campaign to replenish the psychology assistant panel; the length of time this is expected to take; the number needed to replenish the panel; and if he will make a statement on the matter. [53609/22]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly.
165. Deputy James Lawless asked the Minister for Health the position regarding a medical card application by a person (details supplied); and if he will make a statement on the matter. [53610/22]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.
166. Deputy Mark Ward asked the Minister for Health if there are any plans to include adults with ADHD on the long-term illness scheme; and if he will make a statement on the matter. [53619/22]
Amharc ar fhreagraThe Long Term Illness (LTI) scheme was established under Section 59(3) of the Health Act 1970 (as amended). Regulations were made in 1971, 1973 and 1975, prescribing 16 illnesses covered by the scheme. These are: acute leukaemia; mental handicap; cerebral palsy; mental illness (in a person under 16); cystic fibrosis; multiple sclerosis; diabetes insipidus; muscular dystrophies; diabetes mellitus; parkinsonism; epilepsy; phenylketonuria; haemophilia; spina bifida; hydrocephalus; and conditions arising from the use of Thalidomide.
Under the LTI scheme, patients receive drugs, medicines, and medical and surgical appliances directly related to the treatment of their illness, free of charge. Children under 16 years of age with a diagnosis of ADHD come within the ‘mental illness’ category of the LTI scheme.
Statutory Instrument No. 277 of 1971 sets out the following limitation on Section 59(3) of the Health Act 1970: "Arrangements for the supply of drugs and medicines to persons suffering from mental illness in pursuance of section 59 (3) of the Act shall be made only in respect of persons under the age of 16 years."
Therefore, the HSE must regard 16 years of age as the upper age limit in terms of eligibility under the LTI scheme for those with a diagnosis of mental illness.
The LTI scheme will be included as part of a review of the current eligibility framework, including the basis for existing hospital and medication charges, to be carried out under commitments given in the Sláintecare Implementation Strategy. However, it is not possible at this juncture to say what the outcome of this review will be.
In the meantime, there are other arrangements which protect people from excessive medical costs. Under the Drug Payment Scheme, no individual or family pays more than €80 a month towards the cost of approved prescribed medicines. The scheme significantly reduces the cost burden for families and individuals with ongoing expenditure on medicines.
People who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be eligible for a medical card. In accordance with the provisions of the Health Act 1970 (as amended), eligibility for a medical card is determined by the HSE. Medical card eligibility is primarily based on an assessment of means and is not granted on the basis of any particular condition.
In certain circumstances the HSE may exercise discretion and grant a medical card, even though an applicant exceeds the income guidelines, where he or she faces difficult financial circumstances, such as extra costs arising from illness. The HSE afford applicants the opportunity to furnish supporting documentation to determine whether undue hardship exists and to fully take account of all relevant circumstances that may benefit them in assessment, including medical evidence of costs and certain expenses.
In circumstances where an applicant is still over the income limit for a medical card, they are then assessed for a GP visit card, which entitles the applicant to GP visits without charge.
Individuals may also be entitled to claim tax relief on the cost of their medical expenses, including medicines prescribed by a doctor, dentist, or consultant. Relief is at the standard tax rate of 20%.
167. Deputy Aengus Ó Snodaigh asked the Minister for Health the reason for the ongoing delay in the provision of promised therapists to a school (details supplied); and when they will finally be in place. [53624/22]
Amharc ar fhreagraAs the Deputy's question relates to a service issue, it has been referred to the HSE for direct reply.
168. Deputy Aengus Ó Snodaigh asked the Minister for Health the breakdown of the staff in terms of roles and number at the Armagh Road and Cork Street children's disability network teams. [53626/22]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
169. Deputy Paul McAuliffe asked the Minister for Health when he intends to respond to the recommendations related to his Department and the HSE in the Ballymun A Brighter Future Report commissioned by Dublin City Council and presented to An Taoiseach at the Dublin north west area joint policing committee in July 2022; and if he will make a statement on the matter. [53630/22]
Amharc ar fhreagraThe report 'Ballymun-A Brighter' by Andrew Montague sets out a plan to tackle the underlying causes of addiction, crime and open drug dealing in the Ballymun area.
A key recommendation in the report is for Dublin City Council to lead and coordinate with local agencies, relevant government departments, and the local community, in drawing up and implementing a comprehensive approach for dealing with criminality in Ballymun.
Specific recommendations in the report are directed at a number of organisations including Dublin City Council, Department of Justice, An Garda Síochána, TUSLA, HSE and the Department of Education and Skills.The key recommendation relating to Health is the provision of Multisystemic Therapy for young people in Ballymun. The report assigns responsibility for this recommendation to Tusla, HSE and the Ballymun Network for Assisting Children and Young PeopleAs the recommendation to provide Multisystemic Therapy is an operational matter, I have asked the Health Service Executive in CHO 9 to respond to the deputy directly, as soon as possible.
170. Deputy Pauline Tully asked the Minister for Health further to Parliamentary Question No. 145 of 12 July 2022, the number of psychologists, dietitians, physiotherapists, occupational therapists and speech and language therapists who have been recruited from outside the European Union since these disciplines were placed on the critical skills occupations list, in tabular form; and if he will make a statement on the matter. [53638/22]
Amharc ar fhreagraAs the Deputy's question relates to a service issue, it has been referred to the HSE for direct reply.
