Written Answers Nos. 544-563
544. Deputy Niall Collins asked the Minister for Justice the number of applications received, approved, refused and still being processed and appealed for the undocumented scheme analysed by county; and if she will make a statement on the matter. [57360/22]
Amharc ar fhreagraThe scheme for the Regularisation of Long Term Undocumented Migrants closed 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.
I can confirm that applications from all counties were received for the scheme and I have set out in the table below the details requested. Where applications in any case type were 5 or less they have been removed from the table. It should be noted that some applicants did not provide an address and that duplicate applications were received in some instances.
The details provided are subject to change as applications continue to be processed and finalised.
|
Undocumented Migrant Regularisation Scheme - General Application |
||||||||
|
County |
<NO DECISION> |
<NO DECISION> / Appeal Lodged |
Granted |
Granted / Appeal Lodged |
Refused |
Refused / Appeal Lodged |
Withdrawn |
Grand Total |
|
<Blank> No Address Provided |
6 |
7 |
||||||
|
Co. Carlow |
32 |
42 |
74 |
|||||
|
Co. Cavan |
53 |
78 |
131 |
|||||
|
Co. Clare |
86 |
145 |
235 |
|||||
|
Co. Cork |
254 |
243 |
499 |
|||||
|
Co. Donegal |
45 |
52 |
100 |
|||||
|
Co. Down |
||||||||
|
Co. Dublin |
1573 |
2131 |
57 |
25 |
3793 |
|||
|
Co. Galway |
228 |
470 |
701 |
|||||
|
Co. Kerry |
54 |
43 |
99 |
|||||
|
Co. Kildare |
111 |
134 |
249 |
|||||
|
Co. Kilkenny |
25 |
25 |
50 |
|||||
|
Co. Laois |
55 |
44 |
103 |
|||||
|
Co. Leitrim |
13 |
15 |
28 |
|||||
|
Co. Limerick |
174 |
160 |
341 |
|||||
|
Co. Longford |
63 |
39 |
107 |
|||||
|
Co. Louth |
141 |
157 |
302 |
|||||
|
Co. Mayo |
81 |
69 |
151 |
|||||
|
Co. Meath |
153 |
251 |
407 |
|||||
|
Co. Monaghan |
43 |
26 |
73 |
|||||
|
Co. Offaly |
28 |
41 |
69 |
|||||
|
Co. Roscommon |
50 |
94 |
145 |
|||||
|
Co. Sligo |
37 |
40 |
77 |
|||||
|
Co. Tipperary |
89 |
54 |
143 |
|||||
|
Co. Waterford |
69 |
43 |
112 |
|||||
|
Co. Westmeath |
64 |
84 |
149 |
|||||
|
Co. Wexford |
22 |
32 |
57 |
|||||
|
Co. Wicklow |
44 |
68 |
114 |
|||||
|
Grand Total |
3592 |
4588 |
83 |
16 |
46 |
8327 |
||
545. Deputy Robert Troy asked the Minister for Justice the number of persons seeking international protection arriving from other EU member states or safe countries who have passed through immigration since January 2022; and if she will make a statement on the matter. [57440/22]
Amharc ar fhreagraMy Department does not have statistics relating to number of people seeking International Protection that have passed through other EU member states or safe countries before arriving in Ireland.
The State is required to examine applications for international protection by anyone who is at the borders of the State or is in the State and indicates they wish to make an application. This is in accordance with our obligations under international and EU asylum law, which does not allow any Member State to place a cap on the numbers of persons who may apply for international protection.
An application made by a person where one or more than one of the following circumstances applies can be deemed inadmissible:
(a) another Member State has granted refugee status or subsidiary protection status to the person
(b) a country other than a Member State is, a first country of asylum for the person.
(c) the person arrived in the State from a safe third country, that is in accordance with section 21(17) of the 2015 Act, a safe country for the person.
Under Section 21(15) of the International Protection Act 2015, a country is a first country of asylum for a person if he or she (a) (i) has been recognised in that country as a refugee and can still avail himself or herself of that protection, or (ii) otherwise enjoys sufficient protection in that country, including benefiting from the principle of non-refoulement and (b) will be re-admitted to that country.
546. Deputy Colm Burke asked the Minister for Justice the long-term plan for the old Cork prison, in view of the fact that it has been vacant for a number of years; her plans to redevelop the prison; if there have been any discussions with Cork City Council or with any other bodies which may find it suitable for development; and if she will make a statement on the matter. [57445/22]
Amharc ar fhreagraAs the Deputy is aware, the former Cork prison was built in the early 1800s and served as a military detention barracks until it was transferred to the ownership of my Department in 1972. The building was closed in February 2016 following the construction of new prison facilities on a site opposite the old prison as part of the Irish Prison Service modernisation programme and capital plan for the Prison Estate.
The condition of the former prison including building fabric, condition, age and lack of services and the requirement to comply with health and safety, and building regulations will have to be taken into consideration in any plans to repurpose the former prison.
I am advised by the Director General of the Irish Prison Service that it has no short term use for the former prison and remains open to receive submissions on how the building or site might be used.
Preliminary discussions have taken place with a number of bodies as to the future use of the site, however, these discussions have been exploratory in nature and there have been no firm proposals to date.
547. Deputy Paul Murphy asked the Minister for Justice if gardaí will continue to record non-crime hate incidents in accordance with the online hate crime reporting facility launched on 21 July 2021; the number of such incidents that were logged by the gardaí; and if those incidents are still live on the PULSE system. [57478/22]
Amharc ar fhreagraI have contacted An Garda Síochána for the information requested by the Deputy, regretfully this information was not available in time. I will write to the Deputy once the information is to hand.
548. Deputy James Lawless asked the Minister for Justice if she will expedite an application by a person (details supplied); and if she will make a statement on the matter. [57481/22]
Amharc ar fhreagraI can advise the Deputy that the application he refers to was created on the 24 May 2022. The application and supporting documentation were subsequently received in the Abu Dhabi Visa Office on the 17 August 2022 where it awaits examination and processing.
Long Stay Join Family visa applications are processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification. This policy document may be accessed at the following link:
www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf
This Policy Document contains a stated business target that visa applications for family reunification for immediate family members of Irish citizens and Category A sponsors, such as Critical Skills Employment Permit Holders, should be dealt with within 6 months of application. However, it is important to note that these are business targets for the immigration service. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.
It is not possible to give a definitive date as to when these applications will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available.
Processing times and decisions at the Overseas Visa Offices can be checked at the following link:
www.irishimmigration.ie/visa-decisions/#decisions
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie) which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
549. Deputy Bernard J. Durkan asked the Minister for Justice if she will provide an update on an application for residency status and citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [57501/22]
Amharc ar fhreagraThe person concerned has permission to remain in the State on stamp 4 conditions until 16 June 2023.
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.
Applications are processed in chronological order by date received. Due to the high volume of applications currently on hand, regrettably, the median time for processing applications is 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.
550. Deputy Darren O'Rourke asked the Minister for Justice the estimated cost in 2023 of purchasing five additional explosive detection dogs for the Garda dog unit. [57573/22]
Amharc ar fhreagraAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including any decisions in relation to the allocation and control of Garda equipment and resources. As Minister for Justice, I have no role in such matters.
I am advised that the Garda Dog Unit is based at Kilmainham Garda Station, in the Dublin Metropolitan Region.
I have also been informed that there are currently twenty nine dogs attached to the Garda Dog Unit. The cost of purchasing Garda dogs varies from €3,000 to €5,000. Therefore, on that basis, it would cost in the region of €15,000 to €25,000 to purchase an additional five dogs for the Garda Dog Unit.
551. Deputy Darren O'Rourke asked the Minister for Justice the number of asset profilers attached to Meath Garda division as of 30 November 2020 and 15 November 2022, in tabular form. [57576/22]
Amharc ar fhreagraI am advised by the Criminal Assets Bureau that at 30 November 2020 there were 22 Divisional Asset profilers assigned to the Meath/Westmeath Division. This number of Divisional Asset Profilers increased to 26 by 15 November 2022. I am further advised that during this period 7 profilers have been trained in this Division, with the current overall number reflecting transfers, promotions, retirements and resignations which occurred in this Division during this two year period.
Divisional Asset Profilers are trained by the Criminal Assets Bureau, and tasked with continuously providing a criminal asset profiling service in each Garda Division. These profilers are the eyes and ears of the Bureau, as they cover every Garda Division, and have first-hand knowledge of criminality in their geographic locations. The Divisional Asset Profiler Network provides the Bureau with an increased reach to all areas throughout the country.
I am further informed the current role of the Divisional Asset Profiler is to liaise with and assist the Bureau in the course of investigations within their respective Garda Divisions. The Divisional Asset Profilers are tasked locally with preparing asset profiles on local criminals and referring them to the Bureau for consideration of action pursuant to its statutory remit. The Bureau maintain a system to monitor the tasking of Divisional Asset Profilers.
I am further advised the Criminal Assets Bureau conducts training courses for Asset Profilers twice per year. For the most part, Asset Profilers are members of An Garda Síochána from local divisions and from special units. In addition, a small number have been trained from the Department of Social Protection, the Office of the Revenue Commissioners and other special relevant bodies.
552. Deputy Niall Collins asked the Minister for Justice if she will report on a matter (details supplied). [57593/22]
Amharc ar fhreagraAs the Deputy will be aware, the Criminal Justice Act 2006 contains provisions for the introduction of Electronic Monitoring in this jurisdiction.
Section 101 concerns Restriction of Movement Orders and subsection 10 provides the stipulation that a person may be subjected to electronic monitoring as part of the conditions of the order. Under section 108, Temporary Release of Prisoners, the Minister for Justice is enabled to make an order for electronic monitoring in the context of a restriction of movement condition applying to the granting of temporary release.
By way of background, in total, 151 prisoners have been electronically monitored since the programme was introduced in 2013.
In effect, the wearing of an electronic tagging device and adherence to the rules which apply to the wearing of such a device are incorporated into the conditions of the prisoner’s temporary release.
It important to note that while electronic monitoring can serve a useful purpose, it does not in and of itself, prevent the commission of crime. It is not a real time surveillance system but primarily a means of checking compliance with any conditions of temporary release.
There are a number of ways of engaging with, and monitoring, people whether they are on probation, bail or on temporary early release. Electronic tagging, if it is to be used, should be considered in conjunction with these targeted supervision measures.
Electronic tagging is not currently being used due to cost considerations and limited use. However, it is important that it has been provided for in legislation so that it can be activated if deemed necessary.
The Government approved the publication of the Sex Offenders (Amendment) Bill 2021, which has recently completed all stages in the Dáil.
As drafted, this Bill includes provision for a court to order an electronic monitoring device for a convicted sex offender who is subject to a post-release supervision order or where a sex offender order includes a condition restricting the offender's movement, post release.
The aim of this provision is to provide our courts with a range of appropriate tools and interventions to allow for monitoring of sex offenders in order to reduce any potential risk posed and to facilitate rehabilitation.
There is some evidence that electronic monitoring can be effective in respect of sex offenders when used for a short duration in tandem with other interventions, such as probation supervision and this is what I am proposing in the Bill.
As a technology, electronic monitoring has advanced over the years. I therefore envisage that a pilot scheme will be introduced to explore its costs and benefits once this new legislation is in place. I also intend to keep this matter under review.
The operational details of how this will work will have to be carefully developed and take account of the costs and value for money, in the context of the technology’s overall effectiveness, as well as the Council of Europe Guidelines on electronic monitoring.
553. Deputy Peter Burke asked the Minister for Justice if she will provide details on an application by a person (details supplied). [57616/22]
Amharc ar fhreagraI can advise the Deputy that Lebanese nationals are visa required and must have a valid Irish entry visa before they seek to enter the State.
Any visa required national that wishes to enter the State for up to 90 days must have a Type C Short Stay Visa. A visa required national that wishes to reside in the State for longer than 90 days must have a Type D Long Stay Visa. Any person that wishes to make an application for a visa must do so online at:
www.visas.inis.gov.ie/avats/OnlineHome.aspx.
A person’s visa required status is based on the passport they hold, and the nationality of their family members, if different to their own, does not change the requirement to obtain a visa if required.
It should be noted that should any person, who has previously been refused a visa, wish to make another application at a future point, their application will be assessed on its own merits taking all relevant information into consideration at that time. Their prior immigration history is a matter of record but does not preclude them from seeking a visa in the future.
All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on our website. Applicants that meticulously follow these guidelines have an improved prospect of receiving a positive decision at first instance. Further information on the application process can be found on our website which can be accessed at the following link:
www.irishimmigration.ie
554. Deputy Cian O'Callaghan asked the Minister for Justice if she will ensure that the spouses of migrant workers on general work permits are able to access a work permit in the way that spouses of migrant workers on the critical skills list can do so; and if she will make a statement on the matter. [57686/22]
Amharc ar fhreagraThe rules applying to beneficiaries of critical skills and general work permit holders are determined by the Department of Enterprise, Trade and Employment. I am not aware of any plans by that Department to amend the rules attaching to those granted a general employment permit.
As the Deputy will be aware, under the current provisions, a spouse/de facto partner of a critical skills employment permit holder can join their spouse in the State at the same time as their arrival in the State and on registration at their local Registration office they may apply for a Stamp 1G permission. However, the spouse of a general permit holder must wait 12 months before making such an application to join their spouse in the State.
It remains open for the spouse or de facto partner of a general employment permit holder to join their partner in the State at the same time by making an application in their own right for an employment permit, details available on www.enterprise.gov.ie or an immigration permission that does not rely on spousal dependency. If that application is granted it would entitle the holder to make an application for the appropriate employment visa, if a visa required national, to travel to the State. On arrival in the State they can register their employment permit at their local registration office where they will be granted a Stamp 1 immigration permission.
Officials of my Department will, as part of their general immigration policy brief, be reviewing the status of permissions given to spouses/partners of immigration permission holders across the range of immigration programmes to ensure that they have proper regard for the for the ability of spouses and partners to participate appropriately in economic and social activity.
Details of other pathways for entry to the State can be found on www.irishimmigration.ie.
555. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the number of additional Garda cars and vans attached to Kilkenny and Carlow Division in 2021 and to date in 2022, in tabular form; the number of Garda cars and vans withdrawn from this division during the same period; and if she will make a statement on the matter. [57703/22]
Amharc ar fhreagraAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the purchase, allocation, and effective and efficient use of Garda vehicles. As Minister, I have no direct role in these matters.
I am assured, however, that Garda management keeps the distribution of resources under continual review to ensure their optimum use in light of identified operational needs and emerging crime trends.
I can assure the Deputy that the Government is committed to ensuring An Garda Síochána has the resources it needs to deliver a modern, fit-for-purpose, policing service. Budget 2023 provides funding of €2.14 billion for An Garda Síochána, of which I am informed that €10m has been allocated for investment in the Garda fleet.
I am informed by the Garda authorities that as of 28 October 2022, the latest date for which figures are available, there were 3,297 vehicles attached to the Garda feet. This represents an increase of almost 2% since the end of December 2021 when there were 3,240 vehicles assigned to the Garda fleet nationwide.
I am advised by the Garda authorities that the table below sets out the number of cars and vans allocated to and removed from the Garda fleet in the Kilkenny/Carlow Division at 31December 2021 and at 17 November 2022.
|
Allocation- Kilkenny/Carlow Division |
Cars |
Vans |
Total |
|
17-Nov-22 |
3 |
1 |
4 |
|
2021 |
9 |
2 |
11 |
|
Removal- Kilkenny/Carlow Division |
Cars |
Vans |
Total |
|
up until 17-Nov-22 |
4 |
3 |
7 |
|
2021 |
5 |
1 |
6 |
The Deputy may also wish to be aware that An Garda Síochána publish information on Garda fleet, including a Divisional/District monthly breakdown, on their website at:
www.garda.ie/en/about-us/our-departments/finance-services/finance-fleet-management.html
556. Deputy David Stanton asked the Minister for Justice the amount of time typically taken to train a member of the Garda Reserve; and if she will make a statement on the matter. [57706/22]
Amharc ar fhreagraAs the Deputy may be aware, under Section 26 of the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for managing, controlling and generally carrying on the business of An Garda Síochána including the recruitment and training of Garda members, Garda reserves and Garda staff.
Established in 2006, the Garda Reserve represents a real opportunity for anyone wishing to support policing and give something back to their communities. The Reserve reinforces An Garda Síochána's essential community links, and provides the capacity to draw on additional resources to assist in policing.
As part of the government’s plan to modernise and strengthen An Garda Síochána, A Policing Service for our Future, the Garda Commissioner has developed a Garda Reserve Strategy 2021-2025, which provides a roadmap for the development of this important service.
The Strategy, published in October 2021, is informed by an internal review of the Reserve, and sets out key commitments including recruitment, training and development, deployment, governance and evaluation. A priority is a new recruitment campaign, which will be held next year, and on foot of which new reservists will be appointed for five years initially.
I am informed that following the initial application stage and on successful completion of an interview, medical examination and security clearance, applicants are invited to attend training to become a member of the Garda Reserve.
The information below, which is publicly available on the Garda website, outlines the training programme for the Garda Reserve.
Garda Reserve Training Programme:
- Phase I: Two day induction course (Weekdays) at the Garda College, Templemore, Co. Tipperary covering the following areas: Introduction to An Garda Síochána, Human Rights, Discipline, Ethics and Organisational Culture.
- Phase II: Two week all inclusive course to be held at the Garda College (Monday - Friday not including weekends). The course will include training in retractable baton, incapacitant spray and Tetra radio.
- Phase III: Two day course (weekdays) at the Garda College.
- Phase IV: Minimum of 40 hours on the job training at a designated Garda station to include accompanied beat patrol and station duty.
- Phase V: One day attestation and graduation ceremony - weekday at the Garda College.
557. Deputy Brendan Smith asked the Minister for Justice the number of appointments made to superintendent, chief superintendent, assistant commissioner and deputy commissioner level in each year since June 2018 on a yearly basis; the percentage of these appointments that came from within An Garda Síochána; the percentage that have come from other policing services or from outside policing services; and if she will make a statement on the matter. [57875/22]
Amharc ar fhreagraAppointment to the ranks referred to by the Deputy is governed by legislation, with appointments to the ranks of Superintendent, Chief Superintendent, and Assistant Commissioner open to members of An Garda Síochána and to officers of the Police Service of Northern Ireland with suitable experience. Appointment to the position of Deputy Commissioner is by way of open competition.
I am informed that, since 2018, the following appointments from external police services have been made at the relevant ranks.
2018 1 Superintendent (PSNI)
2020 1 Assistant Commissioner (PSNI) and 1 Superintendent (PSNI)
2021 1 Superintendent (PSNI), 1 Deputy Commissioner (Toronto Police Service)
2022 1 Assistant Commissioner (PSNI).
The below table provides figures, as published by the Policing Authority on their website, of the appointments to the relevant ranks (including those from external candidates above). Information is presented quarterly as published.
|
Qtr |
Super |
C/Super |
A/Comm |
D/Comm |
Total |
|
Aug-Oct 2018 |
11 |
0 |
0 |
0 |
11 |
|
Nov 18 - Jan 2019 |
3 |
2 |
0 |
0 |
5 |
|
Feb - April 2019 |
15 |
2 |
0 |
0 |
17 |
|
May - July 2019 |
4 |
1 |
0 |
0 |
5 |
|
Aug - Oct 2019 |
9 |
1 |
0 |
0 |
10 |
|
Nov 19 - Jan 2020 |
2 |
1 |
0 |
0 |
3 |
|
Feb - Apr 2020 |
11 |
2 |
3* |
0 |
16* |
|
May - July 2020 |
10 |
5 |
0 |
0 |
15 |
|
Aug - Oct 2020 |
20 |
2 |
0 |
0 |
22 |
|
Nov 20 - Jan 2021 |
3 |
0 |
0 |
0 |
3 |
|
Feb - Apr 2021 |
2 |
1 |
1 |
2 |
6 |
|
May - July 2021 |
1 |
3 |
0 |
0 |
4 |
|
Aug - Oct 2021 |
13 |
3 |
0 |
0 |
16 |
|
Nov 21 - Jan 2022 |
5 |
0 |
0 |
0 |
5 |
|
Feb - Apr 2022 |
3 |
0 |
0 |
0 |
3 |
|
May - July 2022 |
5 |
0 |
6 |
0 |
11 |
|
Aug - Oct 2022 |
8 |
8 |
0 |
0 |
16 |
|
TOTALS |
125 |
31 |
10* |
2 |
168 |
*1 Assistant Commissioner appointed on an Acting basis, subsequently appointed permanently to the position in 2021 (actual total appointments to Assistant Commissioner rank is therefore 9).
Therefore, out of 168 appointments to the ranks concerned, 162 (96.5%) were serving members of An Garda Síochána and 6 (3.5%) were members of outside police services.
The percentage breakdown of appointments of successful candidates by rank is provided below.
|
Rank |
Super |
C/Super |
A/Comm |
D/Comm |
|
Within AGS |
97.6% |
100% |
89% |
50% |
|
External service |
2.4% |
0% |
11% |
50% |
It should be noted that where a member joins from the Police Service of Northern Ireland at the rank of Superintendent they are eligible, so long as they fulfil all other criteria of the relevant competition, to apply for promotion to the ranks of Chief Superintendent and above. Such candidates would be considered to be internal to An Garda Síochána for such promotions.
558. Deputy Catherine Murphy asked the Minister for Justice when she intends to bring forward the Garda Síochána (Recording Devices) Bill 2022 for Second Stage debate. [57941/22]
Amharc ar fhreagra559. Deputy Catherine Murphy asked the Minister for Justice if she has been in contact with representatives of the European Commission in relation to the way the proposed EU Artificial Intelligence Act will interact with the Garda Síochána (Recording Devices) Bill 2022; and, if so, if she will provide details of the issues raised. [57942/22]
Amharc ar fhreagraI propose to take Questions Nos. 558 and 559 together.
As the Deputy may be aware, Government approved publication of the Garda Síochána (Recording Devices) Bill 2022 on 4 August this year. This important legislation will make provision for Garda powers to use modern digital technology including body worn cameras, Automatic Number Plate Recognition (ANPR) and CCTV.
Work is progressing within my Department on Committee Stage amendments to the Bill and I hope to be able to progress this important piece of legislation in the early part of the new year.
The draft EU Artificial Intelligence Act is currently being negotiated. Aspects of the draft proposals concerning real-time Facial Recognition Technology usage by police are relevant to the amendments being prepared for the Garda Síochána (Digital Recording) Bill. My Department is closely monitoring the progress of negotiations and the Digital Recording Bill will be fully compliant with requirements of the AI Act when it is agreed.
I can inform the Deputy that my Department has made contact with European Commission officials to inform them of the Government's proposals in the Garda Síochána (Digital Recording) Bill and this engagement will continue as the Bill progresses.
560. Deputy Catherine Murphy asked the Minister for Justice the number of appeals that the single person committee of inquiry for refusal of application of Irish citizenship on grounds of national security has processed since its establishment; and the number of successful appeals in tabular form. [57943/22]
Amharc ar fhreagraThe Single Person Committee (SPC) process was established by My Department to aid in the consideration of naturalisation applications where concerns of a national security nature have been raised.
The Single Person Committee (SPC) examines these cases and reports to me with a recommendation to:
- Release the relevant information
- Partially release the information
- Not release the information
- Release the “gist” of the information (in line with the court recommendation that led to this process).
Following an operational review of the process, where appropriate, an intention to refuse letter is issued where national security concerns arise. It is outlined to the applicant the grounds for the intended refusal and the applicant is informed of the option of invoking the SPC process. The Terms of Reference of the Single Process Committee have been amended to reflect this change and will be posted to the Immigration Services website.
To date, the Single Process Committee has considered the following number of reports:
- 3 x applications referred to SPC (2 of which have been reviewed with a report submitted to me and 1 application is currently pending).
- 4 x applications were submitted to SPC but have been subsequently withdrawn.
561. Deputy Catherine Murphy asked the Minister for Justice if she intends to introduce an appeals mechanism for applications of citizenship which are refused on grounds other than national security; and, if not, the rationale for same. [57944/22]
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.
The 1956 Act as amended does not provide for an appeals mechanism for the refusal of an application for a Certificate of Naturalisation. However, it is open to a person to make a further application for the grant of a certificate of naturalisation at any time. When making a new application an unsuccessful applicant is asked to consider the previous reasons for refusal.
While there are no current plans to introduce an appeals mechanism for applications of citizenship which are refused on grounds other than national security, officials in my Department keep such matters under constant review.
562. Deputy Catherine Murphy asked the Minister for Justice if she intends to reopen the regularisation of long-term undocumented migrants' scheme in the future; and, if not, if she intends to introduce a permanent legal framework to regularise the status of children and families in irregular migration situations. [57945/22]
Amharc ar fhreagraThe scheme for the Regularisation of Long Term Undocumented Migrants closed on 31 July 2022 and the online application process for the scheme has now closed and no further applications will be accepted.
This was a once in a generation scheme, designed to give long-term undocumented people without a current immigration permission to remain in the State, the chance to regularise their status, access the labour market and begin their path to citizenship.
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.
Where a person remains resident in the State without an immigration permission I encourage them to contact the Immigration Service Delivery (ISD) area of my Department or their local immigration office and to take all the appropriate steps to regularise their status.
Any application submitted should explain their current circumstances and future intentions in the State and provide any documentation they feel will support their application. In all cases, people must engage with the authorities if they wish to be permitted to remain here legally.
The Immigration Service Delivery (ISD) area 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.
563. Deputy Catherine Murphy asked the Minister for Justice if her attention has been drawn to the resumption of pre-immigration passport checks on flights arriving at Dublin Airport; the purpose of these checks; the legislative basis for same; the number of arriving flights which have been subject to these checks, the origin of these flights; the number of persons who have been refused disembarkation from an aircraft as a result of these checks in each of the past 12 months in tabular form; and if she will make a statement on the matter. [57962/22]
Amharc ar fhreagraAs the Deputy will appreciate, the State has a duty to protect its borders and to ensure that all arriving passengers are entitled to enter the State. This is a fundamental exercise of State sovereignty, which is necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is at all times subject to the law and to respect for individual rights.
The Border Management Unit (BMU) of my Department has responsibility for frontline immigration duties at Dublin Airport only. Other ports of entry are the responsibility of the Garda National Immigration Bureau (GNIB), including the border with Northern Ireland. For security reasons and to protect the integrity of the immigration system, I cannot comment on detailed operational procedures.
I can inform the Deputy that from November 2021 to October of this year, 7,468 people were refused permission to land at Dublin Airport. Of this figure, 4,889 people arrived undocumented. While these passengers should have presented documents at their point of departure, they were no longer in possession of those documents when they disembarked the aircraft or when they reached the immigration desks at Dublin airport.
Under Section 4 of the Immigration Act 2004, an Immigration Officer must determine whether a non-EEA national should be granted leave to land and thus gain entry to the State. In performing their duties, an Immigration Officer is required to consider all of the circumstances of the non-EEA national at the time of entry and may be refused entry if they do not comply with immigration requirements. It should be noted that if a person indicates or is identified as being in need of international protection, they are admitted to the international protection process.
Total Refusal Numbers last 12 months (November 2021 – October 2022)
|
Months |
||||||||||||
|
Nov |
Dec |
Jan |
Feb |
Mar |
April |
May |
June |
July |
Aug |
Sep |
Oct |
Total |
|
530 |
594 |
399 |
401 |
603 |
653 |
767 |
780 |
801 |
572 |
686 |
682 |
7468 |
