Written Answers Nos. 292-300
292. Deputy Éamon Ó Cuív asked the Minister for Justice the reason that stamp 0 visas are not issued for three to five years as was the case previously in cases in which the circumstances justify same which would reduce the number of renewal applications in the system and lead to a more streamlined service; and if she will make a statement on the matter. [58577/22]
Amharc ar fhreagraStamp 0 permissions are registered for 1 year at first time registration and at each subsequent renewal.
In 2021, Stamp 0 renewals accounted for 0.31% of all renewals processed in the state. Extending validity periods of this stamp category would have marginal impact on the processing of renewals across all stamp categories.
A Stamp 0 is provided to persons who are
- retiring to or live in Ireland as a person of independent means
- a visiting academic at an Irish university or college
- living in Ireland as the elderly, dependent relative of an Irish National, or a non-EU/EEA or Swiss citizen
A Stamp 0 indicates that a person has permission to stay in Ireland for a temporary period, subject to that person being of independent means and fully self-sufficient financially. Alternatively, their sponsor in Ireland must be of independent means and can support them fully and cannot rely on State benefits or publicly funded services.
The operation of permissions, including their length, is kept under review by my Department and the Deputy’s query will be considered in that context.
293. Deputy Eoin Ó Broin asked the Minister for Justice if it is correct that a person with permission to remain on the basis of refugee status who wishes to change their name from their maiden name to their married name on their documentation must first change their name on their passport; and if there is any alternative process, given that refugees may feel unsafe making contact with their country of origin for this purpose. [58581/22]
Amharc ar fhreagraIt is not immediately clear from the Deputy’s question as to whether the person concerned holds the status of refugee or that of a discretionary permission to remain in the State, having first been refused international protection. In the event that the person concerned has been declared to be a refugee, then my Department would not require that person to engage with the consular authorities of their country of origin or place of habitual residence to procure a national passport, given that, as the Deputy correctly points out, it may not be safe for them to do so.
In circumstances where a person wishes to have their personal details updated on official records to reflect their married name, it is more likely that an original Marriage Certificate would be sought. In some limited instances a Statutory Declaration may be required.
In circumstances where a person applied for international protection and was refused both a refugee declaration and a subsidiary protection declaration but was granted a discretionary permission to remain in the State, under the relevant provisions of the International Protection Act 2015, there would be no barrier to that person being required to engage with the consular authorities of their country of origin or place of habitual residence to procure a national passport.
Any request from a person to have their personal details updated on official records to reflect their married name would be made easier where supported by having already been reflected in that person’s national passport, which could then be submitted, accompanied by an original Marriage Certificate. However, I would emphasise that all such requests are examined on an individual and case by case basis before the appropriate decision is taken.
294. Deputy Catherine Murphy asked the Minister for Justice if she will provide a schedule by local authority, heading and amount of the funding and grants returned and or unspent in part or in full to her Department in 2019, 2020, 2021 and to date in 2022. [58599/22]
Amharc ar fhreagraI can inform the Deputy that no funding or grants were returned to my Department or unspent by any local authority in the time specified. The Deputy may wish to note that figures for 2022 are not available until end of year financial reports are completed.
As the Deputy may be aware, a number of functions in my Department were transferred to the Department of Children, Equality, Disability, Integration and Youth in October 2020. Therefore, it is important to note that responsibility for some funding provided by my Department, in particular relating to the integration and equality functions, transferred to that Department during 2020.
295. Deputy Bernard J. Durkan asked the Minister for Justice if her attention has been drawn to the use of the in-camera rule in family law proceedings as a means of enabling the procedure of what is known as family alienation which is strongly contested by modern contemporary practitioners to influence the outcome in a misogynistic way; and if she will make a statement on the matter. [58683/22]
Amharc ar fhreagraI have no role in the making of court orders in relation to family law proceedings. This is a function of the courts, which are, subject to the Constitution and the law, independent in the performance of their functions. Where a party to family law proceedings is dissatisfied with the outcome of the proceedings, it is open to that party to appeal the decision.
The purpose of the in-camera rule in family law proceedings is to protect the identity of the parties and any child to whom the proceedings relate. While the general principle as set out in the Constitution is that justice be administered in public, the underlying concern is that family law proceedings relate to matters which are sensitive and private to the parties, and there is no public interest in requiring that the identities of the parties be published.
The in-camera rule offers protection to family members from the publication or broadcasting of information relating to them, which would affect the anonymity of the parties or any child concerned. The in-camera rule was modified by the Courts and Civil Law (Miscellaneous Provisions) Act 2013 to allow bona fide members of the press to be present in court during family law and child care proceedings and to report on such proceedings subject to strict conditions. This reform of the in-camera rule was made to enable the media, researchers and legal professionals to gain access to valuable information on the operation of the law in this area. The Civil Liability and Courts Act 2004 allows for the preparation and publication of reports of family law proceedings by a barrister or solicitor or a person specified in regulations while continuing to respect the confidential nature of family law cases. As the Deputy is aware, I am determined to overhaul the operation of the family justice system, to ensure that it is more user-friendly and – where possible – less adversarial, leading to the development of a system that puts children and families at the centre of its work. This is a key commitment in my Justice Plan 2022. The Programme for Government contains a commitment to enact a Family Court Bill to create a new dedicated family court within the existing courts structure and provide for court procedures that support a faster and less adversarial resolution of disputes. Last week I published the first National Family Justice Strategy and secured Government approval for the Family Court Bill 2022, which will be published in the coming days.The Family Court Bill will provide many of the building blocks essential to the reform of the family justice system. The Bill will create new dedicated Family Courts as divisions within the existing court structures, with Family Court judges assigned on a full-time basis. The Strategy has nine goals and over 50 actions, which recognises that much needs to be done to improve the current system. In particular, the Strategy recognises the importance of putting children at the centre of family justice in matters which affect them, and adequately hearing their voice in the family justice system. The Strategy is foundational in nature, recognising the many issues that currently exist with the system and the steps needed to begin its much-needed reform. Amongst the actions in the Family Justice Strategy is the examination of the role of expert reports in the family law process and the proposal of recommendations regarding their future application and function. This action will consider the commissioning and availability of these reports, including their content and future use. The work on this action is due to commence mid-2023 and will be led by my Department, working closely with the Department of Children, Equality, Disability, Integration and Youth. Engagement with the judiciary will also be required. Further action will involve the commissioning of research to examine the in-camera rule, including reviewing its current operation. Again, this action will be led by my Department and is due to commence at the beginning of next year. It is envisaged that the recommendations arising from these examinations will enable the system to clearly hear the voice of children, to ensure that they are supported in their own right and that their safety, security and best interests are paramount.
296. Deputy Bernard J. Durkan asked the Minister for Justice the number and names of the persons on the Family Justice Oversight Group; the extent to which the Group influences family law in this jurisdiction; and if she will make a statement on the matter. [58685/22]
Amharc ar fhreagraAs the Deputy is aware, last week I published the first National Family Justice Strategy and secured Government approval for the Family Court Bill 2022, which will be published in the coming days.
These initiatives will help reform how our family justice system operates, to make it more efficient, more user-friendly and – where possible – less adversarial, leading to the development of a system that puts children and families at the centre of its work. This is a key commitment in my Justice Plan 2022. The Family Court Bill will provide many of the building blocks essential to the reform of the family justice system. The Bill will create new dedicated Family Courts as divisions within the existing court structures, with Family Court judges assigned on a full-time basis. To support the legislative changes proposed in the Family Court Bill, I established a Family Justice Oversight Group to develop, drive and coordinate the first national Strategy for the reform of the family justice system. The Group is chaired by a senior official in the Department of Justice, and the full details of its members can be found in the appendices of the published Strategy, which I have attached for the Deputy's convenience. The Strategy has nine goals and over 50 actions, which recognise that much needs to be done to improve the current system. In particular, the Strategy recognises the importance of putting children at the centre of family justice in matters which affect them, and adequately hearing their voice in the family justice system. The Strategy is foundational in nature, recognising the many issues that currently exist with the system and the steps needed to begin its much-needed reform. One of the key goals in the Strategy is legislative reform, with a number of actions to be completed during the lifetime of the Strategy, such as progressing the development of the Child Care (Amendment) Bill and engaging with the Courts Service to implement changes to be provided for in the Family Court Bill. The legislation on its own cannot deliver transformation. Its success will depend on the implementation and delivery of all the other strategic and operational aspects of this Strategy. Implementing these actions will be the responsibility primarily of the majority of the organisations comprising the Family Justice Oversight Group. However, some of them will require engagement with and expert input from other bodies for their implementation to be successful. In recognising this, the majority of the membership of the Oversight Group will become the Family Justice Implementation Group (FJIG) and will act as the primary implementation structure for the Strategy. It will provide leadership across the system and within the respective member organisations, embed reforms and drive their implementation.
In terms of family law, any legislation in this area remains the responsibility of the Minister for Justice, and ultimately the Oireachtas, and the development of jurisprudence in relation to family law is, of course, a matter for the judiciary in their independent role under the Constitution.
Appendix I Membership of Family Justice Oversight Group
Department of Justice and Equality
Oonagh Buckley (Chair) – Deputy Secretary General
Andrew Munro – Assistant Secretary, Civil Policy and Legislation
Stjohn O’Connor – Director, Civil Justice Governance
Liam Coen – Principal Officer, Civil Justice Policy (Access to Justice)
Tracy O’Keeffe - Principal Officer, Civil Justice Legislation
Gerry McDonagh – Principal Officer, Civil Justice Governance
Louise Sandom - Principal Officer, Transparency
Louise O’Meara (Secretary) – Assistant Principal, Civil Justice Policy (Access to Justice)
Judiciary
The Hon Mr Justice John Jordan – High Court
His Honour Judge Paul Kelly - President of the District Court
County Registrar
Deirdre Burke – County Registrar for Wexford and Kilkenny
Department of Children, Equality, Disability, Integration and Youth
Ciara Pigeon – Principal Officer, Parenting Support Policy Unit
Lara Hynes – Acting Assistant Secretary, Tusla Governance and Child Policy Division (from February 2022), Principal Officer, Child Care Legislation and Children’s Rights Policy Unit (to February 2022)
Department of Public Expenditure and Reform
Marianne Nolan – Principal Officer, Justice Vote, Public Expenditure Division
Legal Aid Board
John McDaid – Chief Executive
Joan Crawford –Director of Internal Service Delivery
Courts Service
Peter Mullan - Head of Directorate, Circuit and District Courts Operations
Emer Darcy - Head of Family Law Reform
With special thanks to former Group members:
His Honour Colin Daly – President of the District Court
Her Honour Judge Petria McDonnell – Circuit Court
John O’Callaghan – DoJ, Assistant Secretary, Civil Policy and Legislation
Yvonne White – DoJ, Head of Civil Governance Function
Angela McDonnell – Legal Aid Board, Director, Strategy & Decision-Making
Regina Terry – DoJ, Principal Officer, Civil Justice Policy (Access to Justice)
Mary O’Callaghan (Secretary) - DoJ, Assistant Principal, Civil Justice Policy (Access to Justice)
Matthew Sewell (Secretary)- DoJ, Administrative Officer, Civil Justice Policy (Access to Justice)
297. Deputy Niall Collins asked the Minister for Health if he will outline the legislation that is in place in relation to the use and growing of cannabis (details supplied); if any changes in relation to same are proposed; and if he will make a statement on the matter. [58618/22]
Amharc ar fhreagraI am not in a position to comment on individuals as per the details supplied.
Under the Misuse of Drugs legislative framework cannabis is a Schedule 1 controlled drug and is subject to the strictest control measures. There are no provisions under the framework for the cultivation of cannabis for personal use. No changes to this position are under consideration.
298. Deputy Paul Kehoe asked the Minister for Health the current timeline for dealing with an occupation health grievance process for HSE employees; when the case of a person (details supplied) will be decided; and if he will make a statement on the matter. [58493/22]
Amharc ar fhreagraI have asked the HSE to respond directly to the Deputy on this matter.
299. Deputy David Cullinane asked the Minister for Health the reason that the Nursing and Midwifery Board of Ireland has yet to publish its annual report and financial statements for 2021 as required by the Code of Practice for Government and State Bodies (Business and Financial Reporting Requirements); and if he will make a statement on the matter. [58495/22]
Amharc ar fhreagraThe Nursing and Midwifery Board of Ireland will be in a position to publish its Annual Report and Financial Statements for 2021 shortly. The Board has informed my Department that it expects to receive the audit certificate from the Office of the Comptroller and Auditor General within the next few weeks, following the completion of the audit.
300. Deputy Mark Ward asked the Minister for Health the average waiting time for mammograms following referral by GPs and BreastCheck; if family history of breast cancer reduces the wait time; and if he will make a statement on the matter. [58506/22]
Amharc ar fhreagraAs this is a service matter, it has been referred to the Health Service Executive for attention and direct reply to the Deputy.
