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Thursday, 15 Dec 2022

Written Answers Nos. 278-289

Visa Applications

Ceisteanna (278)

Alan Dillon

Ceist:

278. Deputy Alan Dillon asked the Minister for Justice if she will outline the visa requirements for Colombian visitors entering Ireland compared to other EU member states; and if she will make a statement on the matter. [63016/22]

Amharc ar fhreagra

Freagraí scríofa

I am aware that the UK have very recently lifted the visa requirement on Colombia for short visits and that this arrangement also applies in the Schengen area. The Deputy will also be aware that both the UK and Schengen States intend to introduce in the near future an Electronic Travel Authorisation System for certain non-visa required countries.

It is the case that Colombia remains on the list of visa required countries for Ireland. In support of visa processing in Colombia, a new Visa Application Centre (VAC) in Bogota is due to commence operations next Monday. My Department has also extended the multi-entry visa option for up to 5 years for all visa required countries, including Colombia. These measures should assist in timely processing of visa applications and a more flexible visa package for Colombian citizens visiting Ireland.

In general, the decision to impose a visa requirement is based on a variety of factors including the risk of irregular immigration, public policy and security, tourism and trade and the Common Travel Area. While there is no immediate proposal to lift the visa requirement on Colombia, this matter is being kept under active review.

Visa Applications

Ceisteanna (279)

Alan Dillon

Ceist:

279. Deputy Alan Dillon asked the Minister for Justice if she will outline the role that an organisation (details supplied) plays when issuing Irish visas for visitors from certain countries; and if she will make a statement on the matter. [63017/22]

Amharc ar fhreagra

Freagraí scríofa

I am advised that a number of steps have been taken in recent years to upgrade the visa processing system to make it more efficient and easier for visitors from abroad to submit their visa applications for travel to Ireland; this has included the availability of services provided by VFS Global at their Visa Application Centres (VACs). It is important to state that the services provided by this organisation do not extend to making decisions on visa applications; such decisions are the sole remit of either the staff of my Department or the Department of Foreign Affairs.

The use of these centres provides greater accessibility to applicants in these countries as they can make visa applications at locations nearer to them. They also greatly increase the visibility of Ireland as a destination for tourism, business or education purposes across a wider geographical area in very large countries or countries where our consular representation is not physically present. For example, in India there are a total of twelve centres established across the country where applications for both Irish and United Kingdom visas can be made and where initial processing of documentation is carried out. Similar arrangements apply in China where applications for Irish visas can be submitted in one of sixteen centres (including Hong Kong).

The applicant can choose the centre most convenient to their home or business address, and for a small extra charge, can choose to have the visa returned by courier to their home or business address. There is also a facility for group bookings to facilitate applicants who are travelling together to Ireland. It is intended over time to expand the use of such facilities in order to provide better services to potential travellers to Ireland.

In addition, a number of services are provided for the fee charged by VFS, including an initial check of completeness of documentation required (which enables initial errors in the application to be corrected before transmission and subsequent delays), dispatching the application (and passport) by courier to the Visa Office, collecting the completed applications, and returning the passport to the applicant.

These facilities are provided to accept visa applications and supporting documents for transfer by courier to an ISD staffed Visa Office or Irish Embassy for processing by Irish civil servants. The company has no involvement in the decision making process. Applicants may also collect their visas and documents from the centre following completion of processing.

The charges associated with these services were previously borne by the applicant and, in some cases, could involve the applicant travelling (with associated costs) to the Visa Office or Embassy which could be located thousands of kilometres away. For example, in India where VFS Global are used, the distance from Mumbai to New Delhi is over 1,400km which is by no means the furthest distance that can be travelled in India from New Delhi.

As outlined, the administration fee is paid by the applicant. The commercial service partner also provides a range of additional services at the application centre. Such services are optional and the applicant only pays should they wish to avail of them. The fees charged by the commercial partner differ from country to country.

There are a total of 78 such Centres operational in 28 different countries including one in Bogota, Colombia, which is due to commence operations next Monday. VFS has also provided assurances that they are GDPR compliant and that the information and documentation provided by visa applicants is safeguarded in respect of the rules and regulations around data protection in general.

Residency Permits

Ceisteanna (280)

Duncan Smith

Ceist:

280. Deputy Duncan Smith asked the Minister for Justice if there are delays in the processing of stamp 4 extensions; and if she will make a statement on the matter. [62833/22]

Amharc ar fhreagra

Freagraí scríofa

Applications for the renewal of immigration permissions are dealt with by the Registration Unit of my Department in chronological order that they are received. The current processing times for online renewals is 6 weeks. The online renewal facility was launched in July 2020 to process renewals and there has been approximately 186,000 registrations renewed online since the facility was launched.

If an application for renewal of the immigration permission is approved, applicants can expect to receive their new Irish Residence Permit (IRP) card within 10 working days.

The Registration Office is currently experiencing a large volume of renewal applications. To facilitate Non-EEA Nationals legally resident in the State, who are required to renew their current permission, and who wish to travel internationally during the Christmas period, I have provided a Travel Confirmation Notice requesting carriers to allow individuals to travel on their recently expired IRP card. Details including a comprehensive FAQ document are available on the Immigration Services website at

www.irishimmigration.ie/isd-announces-initiative-to-facilitate-customers-travelling-at-christmas/.

My Department's Registration Office in Burgh Quay is responsible for registering and renewing immigration permissions for customers residing in the Dublin area only. Registrations and renewals for persons resident outside of the Dublin area are processed by the Garda National Immigration Bureau (GNIB) through the Garda Station network. The allocation of appointments for registration and renewal with GNIB, for some 50 locations nationwide, is a matter for An Garda Síochána.

The Registration Office’s customer service team is available to support customers who may have language difficulties or who may need assistance with translation. A number of multi-lingual videos describing the registration process and what to expect are available on my Department's immigration website (www.irishimmigration.ie).

Customers who have an emergency can contact the Immigration Service Helpdesk by emailing immigrationsupport@justice.ie who will endeavour to assist.

Visa Applications

Ceisteanna (281)

Bernard Durkan

Ceist:

281. Deputy Bernard J. Durkan asked the Minister for Justice the options that are available to a person (details supplied); and if she will make a statement on the matter. [62852/22]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Immigration Service Delivery unit (ISD) of my Department that the person concerned was the holder of an immigration permission valid until 19 February 2019. Unit 1 of Domestic Residence and Permissions division granted the person a permission to remain as an exceptional measure on two separate occasions up to 19 February 2019. However, that permission to remain in the State has expired.

The person may write to Unit 2 of Domestic Residence and Permissions division. Any application submitted should explain their current circumstances and future intentions in the State and provide any documentation they feel will support their application.

Email: Unit2ResidenceDivision@justice.ie.

Postal Address: Residence Unit 2, Immigration Service Delivery, Department of Justice, 13-14 Burgh Quay, Dublin 2 D02 XK70, Ireland.

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.

In all cases, people must engage with the authorities if they wish to be permitted to remain here legally.

An Garda Síochána

Ceisteanna (282)

Darren O'Rourke

Ceist:

282. Deputy Darren O'Rourke asked the Minister for Justice when the contract for the issuing of new ballistic vests for front-line gardaí will be put out to tender. [62924/22]

Amharc ar fhreagra

Freagraí scríofa

As 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 procurement of protective equipment such as ballistic vests. As Minister, I have no role in such matters.

I am however informed by An Garda Síochána that a tender competition for the provision of body armour is anticipated to commence during the first half of 2023.

An Garda Síochána

Ceisteanna (283)

Darren O'Rourke

Ceist:

283. Deputy Darren O'Rourke asked the Minister for Justice the number of full-time senior investigating officers; and the total full-time equivalent of each child protection unit since 2019. [62925/22]

Amharc ar fhreagra

Freagraí scríofa

I have requested the information sought by the Deputy from the Garda authorities. I will contact the Deputy directly once the information is to hand.

The following deferred reply was received under Standing Order 51:
As you are aware, in accordance with the Garda Síochána Act 2005 (as amended), it is the Garda Commissioner who is responsible for managing and controlling the administration and business of An Garda Síochána, including the deployment of Garda resources and training of Garda personnel. As Minister, I have no direct role in these matters.
A Senior Investigating Officer is appointed to investigate serious crime occurrences and critical incidents by a Divisional Critical Incident Management Team, which comprises of a Chief Superintendent, Superintendent and Detective Superintendent. Detective Superintendents have full time responsibility to review progress, advise and agree strategies for serious crime investigations and critical incidents in consultation with an SIO and will retain oversight of an investigation to a conclusion.
I am informed that the figures provided in the table below relate to the numbers of  Garda members by Division that have completed Stage 1 of the SIO programme over the past 5 years.
I am also informed that it is not possible to breakdown the Senior Investigation Officers assigned specifically to a particular unit, as the SIO is appointed to take the lead in any serious investigations including sexual assaults and child protection, within a Division.
Detective Superintendents have full time responsibility to review progress, advise and agree strategies for serious crime investigations and critical incidents in consultation with an SIO and will retain oversight of an investigation to a conclusion.
The Senior Investigating Officer programme is primarily aimed at Detective Inspectors who are tasked with the leadership and management of serious crime investigation and critical incidents.
It should be noted that the figures below represent the assignment of SIO’s at time of training and movement of personnel within Divisions can affect these figures.

Trained SIOs by Garda Division

No.

A/C Special Crime Operations

1

CAB

1

Cavan Monaghan

3

Clare

2

Cork City

4

Cork North

2

Cork West

2

Criminal Investigation Bureau

3

DMR East

2

DMR North

9

DMR North Central

7

DMR South

5

DMR South Central

8

DMR West

10

DOCB

3

Donegal

2

Economic Crime Bureau

1

Ex Dir & Comm Tech

1

GNBCI

1

GNIB

2

GNPSB

4

Galway

2

Governance & Accountability

2

Kerry

4

Kildare

3

Kilkenny / Carlow

1

Laois / Offaly

3

Limerick

4

Louth

4

Mayo

2

Meath

2

Roscommon Longford

3

Security & Intelligence

4

Sligo / Leitrim

1

Special Crime Operations

1

Special Detective Unit

3

Technical Bureau

1

Tipperary

2

Waterford

2

Westmeath

3

Wexford

2

Wicklow

5

Total

127

Road Traffic Offences

Ceisteanna (284)

Darren O'Rourke

Ceist:

284. Deputy Darren O'Rourke asked the Minister for Justice the number of persons who were successfully prosecuted in the Meath Garda division for driving a vehicle without a valid licence in each of the years of 2020 and 2021 and to date in 2022, in tabular form. [62926/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, management of the courts, including 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. As Minister, I have no role in these matters, it is the function of the Courts Service to provide information on any convictions handed down or orders issued by the Courts.

The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie.

To be of assistance, I have also referred the Deputy's query directly to the Courts Service.

Prison Service

Ceisteanna (285)

Darren O'Rourke

Ceist:

285. Deputy Darren O'Rourke asked the Minister for Justice the number of inmates currently detained in the Irish Prison Service who are solely being held on remand for between four and eight months and over eight months. [62927/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Prison Service must accept all prisoners committed by the Courts and does not have the option of refusing to take prisoners into custody. The numbers in prison is, of course, subject to peaks and troughs.

I am advised by my officials in the Prison Service that data in relation to the number of prisoners who are being held purely on remand for between four and eight months and over eight months is not collated in the exact format requested by the Deputy but the data available is provided in the format outlined in the table below.

The Deputy may also wish to note that this information, along with a variety of other statistics and information, is published monthly on the Prison Service website and as such is available at www.irishprisons.ie.

Establishment

<1 month

1 to 3 months

3 to 6 months

6 to 9 months

9 to 12 Months

1 to 2 Years

2 Years Plus

Total

Castlerea

21

22

9

7

0

3

2

64

Cloverhill

112

71

71

40

19

23

11

347

Cork

24

16

9

6

5

4

0

64

Limerick

23

14

11

5

3

3

0

59

Midlands

4

18

18

17

9

15

3

84

Mountjoy

16

8

6

4

1

3

3

41

Portlaoise

1

2

2

2

3

2

2

14

Wheatfield

7

15

6

3

3

15

1

50

Total

208

166

132

84

43

68

22

723

Residency Permits

Ceisteanna (286)

Éamon Ó Cuív

Ceist:

286. Deputy Éamon Ó Cuív asked the Minister for Justice if she is considering dispensing with the requirement that all non-EEA researchers who undertake research activities on a four-year contract have to renew their Irish residency permit or visa each year at a cost of €300, and replacing that with a requirement that the third level institution would confirm each year that the researcher is continuing with the contract with the higher-level educational institution; and if she will make a statement on the matter. [62939/22]

Amharc ar fhreagra

Freagraí scríofa

All non-EEA persons over the age of 16 are required by Section 9 of the Immigration Act 2004, as amended, to register their permission to be in the State and are issued with an Irish Residence Permit (IRP) Card which displays details of the permission granted, the conditions attaching and the expiry date of the permission. The period of permission in the majority of cases is for a period of 12 months and a standard fee of €300 applies unless exempted.

The standard fee of €300 payable by an applicant is designed to reflect the effort and cost involved in processing registrations and the cost of issuing an Irish Residence Permit (IRP) card. The Registration Office of my Department also provides an online renewals portal that speeds up the renewal process and a customer service team that is available to support customers.

I am aware, particularly in the current economic climate, of the financial pressures that non-EEA nationals in the State are under. The cost of registration and validity periods for permissions is kept under ongoing review by my Department. However, there are no current plans to reduce the fee or extend any validity periods.

My Department's Registration Office in Burgh Quay is responsible for registering and renewing immigration permissions for customers residing in the Dublin area only. Registrations and renewals for persons resident outside of the Dublin area are processed by the Garda National Immigration Bureau (GNIB) through the Garda Station network. The allocation of appointments for registration and renewal with GNIB, for some 50 locations nationwide, is a matter for An Garda Síochána.

I have also checked with EURAXESS Ireland who processes PhD researcher Hosting Agreements on behalf of the Department of Further and Higher Education, Research, Innovation and Science. They have advised that there is no significant delay in the processing of applications or renewals of contracts with eligible participants with most applications dealt with in a matter of days. Once EURAXES has processed the application the applicant is then able to register or renew their Hosting Agreement with their local Registration Office.

All Applications for the renewal of immigration permissions are dealt with by the Registration Unit of my Department in chronological order that they are received. The current processing times for online renewals is 6 weeks. If an application for renewal of an immigration permission is approved, applicants can expect to receive their new Irish Residence Permit (IRP) card within 10 working days.

The online renewal facility was launched in July 2020 to process immigration permission renewals and there has been approximately 186,000 registrations renewed online since the facility was launched.

Any customer who has an emergency can contact the Immigration Service Helpdesk by emailing immigrationsupport@justice.ie who will endeavour to assist.

Prison Service

Ceisteanna (287)

Éamon Ó Cuív

Ceist:

287. Deputy Éamon Ó Cuív asked the Minister for Justice the number of full-body searches carried out in Irish prisons in each of the past five years; the circumstances that arise that cause these searches to be carried out; if such searches are carried out on both female and male prisoners; and if she will make a statement on the matter. [62965/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Irish Prison Service is responsible for the safe and secure custody of all those committed to prison by the courts. The Irish Prison Service is committed to ensuring that those deprived of their liberty are treated with dignity and respect.

In accordance with Rule 6 of the Prison Rules, 2007, as amended, a full-body search shall be conducted when a prisoner enters or exits a prison or at any time that the Governor considers, upon reasonable grounds, that the carrying out of a full-body search is necessary for:

- Ensuring that a prisoner is not in possession of a prohibited article;

- Confiscating a prohibited article;

- Seizing or retaining anything under Rule 7 (Articles found in search and offences); and/or

- Ensuring safe and secure custody and good government of the prison.

During a full-body search only those Prison Officers conducting the search, or such numbers of Prison Officers required to conduct the search effectively and maintain good order and safe and secure custody, are present. Further all searches should be carried out with due regard to decency, privacy and the dignity of the person being searched and at no stage shall a prisoner be left in a state of complete undress.

The circumstances where a full-body search may occur include:

- On committal, transfer or discharge to/from a prison;

- Prisoner movements through reception for escorts or Temporary Release;

- During a cell search;

- Entering or exiting visits;

- On foot of intelligence received that contraband has been passed to an individual;

- Instances where contraband has been thrown over the prison wall while certain individuals were present in the area.

One of the functions of the Irish Prison Service is to conduct random and intelligence-led searches of prisoners of all genders, cells, vehicles or of any area within the prison in order to detect, deter or prevent the ingress of contraband into Irish prisons. An effective search and detect practice is imperative to reduce the flow of illicit items into prisons. Full-body searching is an important safety measure used in prisons worldwide to aid efforts to limit the flow of contraband into a prison that may cause harm to the person or others. An absence of searching can leave vulnerable people open to coercion to commit additional crimes by trafficking contraband into prisons, for example, to settle debts.

The search training programme ensures that all staff conducting searches within our prisons are trained to do so in a manner that recognises the inherent dignity of the person and their property. All Recruit Prison Officers are trained as part of the Higher Certificate in Arts in Custodial Care to conduct prisoner searches in strict compliance with all provisions of the Prison Rules 2007. This training involves verbal instruction, practical demonstrations, role play, and video demonstration. Staff are taught to conduct personal searches in a manner which respects the dignity and the human rights of every person.

I am advised by the Prison Service that there is no central database where search instances are recorded and full-body searches demarcated from all search types. For this reason it is not currently possible to provide the number of full-body searches conducted.

Naturalisation Applications

Ceisteanna (288)

Bernard Durkan

Ceist:

288. Deputy Bernard J. Durkan asked the Minister for Justice if a person (details supplied) has the reckonable residency to now apply for naturalisation; and if she will make a statement on the matter. [62982/22]

Amharc ar fhreagra

Freagraí scríofa

It is a matter for the applicant to determine if they meet the eligibility criteria including reckonable residency prior to submitting an application for naturalisation.

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended, and all applications are processed in line with the eligibility criteria as set out under the Act. 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.

Applicants are required to have 5 years reckonable residence in the state prior to making an application, except for spouses of Irish nationals where the requirement is 3 years. In both cases, the final 12 months must be continuous residence in the State with up to 6 weeks allowed to facilitate foreign travel for business family or holiday purposes.

Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.

An Garda Síochána

Ceisteanna (289)

Michael Lowry

Ceist:

289. Deputy Michael Lowry asked the Minister for Justice the number of Garda stations without access to broadband in County Tipperary; and if she will make a statement on the matter. [63053/22]

Amharc ar fhreagra

Freagraí scríofa

I 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. 289.

The following deferred reply was received under Standing Order 51.
I refer to Parliamentary Question No. 289 of 15 December 2022 where you sought:
"The number of Garda stations without access to broadband in County Tipperary.”
As you will recall, I had sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand.
As you 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 ICT equipment and resources. As Minister for Justice, I have no role in such matters.
I am informed by the Garda authorities that currently there are thirty six Garda stations connected to the Garda Network in Tipperary, with an additional two stations provided with connectivity by way of the Mobile Data Station as part of the mobility project roll out.
I am advised that there are four Garda stations without such connectivity. However, I am also advised that over 400 Garda personnel in Tipperary have been issued with Mobility devices. Such devices, as part of the Mobility project, have addressed connectivity in the smaller stations by boosting the mobile signal and then using Garda mobile phones as a desktop through which they have access to every Garda system including pulse and internet services.
I understand that as part of the ICT Capital Investment Plan for An Garda Síochána, in 2023 a large programme of work is scheduled to commence around the upgrading of the Garda Network in order to build the foundations required to enhance access to current ICT services and to operate various new services planned over the coming years as An Garda Síochána seeks to deliver on Information Led Policing to Keep People Safe.
I also understand that this programme of work will see key upgrades occur centrally at the core of the Garda Network to deliver higher bandwidth connectivity and greater resiliency across data centres which will then allow for the upgrading to higher bandwidth connections at local station level throughout the country, where such services exist.
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