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Gnáthamharc

Tuesday, 21 Feb 2023

Written Answers Nos. 558-577

Data Protection

Ceisteanna (558)

John Paul Phelan

Ceist:

558. Deputy John Paul Phelan asked the Minister for Justice if the recruitment campaign for the additional data protection commissioner posts will be advertised outside of the State or just within the State; when it is intended to be advertised; and if he will make a statement on the matter. [8280/23]

Amharc ar fhreagra

Freagraí scríofa

The appointments referred to are to be made in accordance with Section 15 of the Data Protection Act 2018, which provides for up to three Commissioners to be appointed. Section 15(5) of the Act specifies that the Public Appointments Service shall recommend a person for appointment as Commissioner following an open selection competition held by the Service for that purpose.As such, the advertisement and recruitment approach, including the extent to which the roles will be advertised internationally, is a matter to be determined in conjunction with the Public Appointments Service in due course. The terms and conditions of the appointments are subject to the agreement of the Minister for Public Expenditure and Reform and this engagement is underway.

Legislative Measures

Ceisteanna (559)

Duncan Smith

Ceist:

559. Deputy Duncan Smith asked the Minister for Justice the plans he has for amendments to conveyancing legislation to make it a requirement that radon testing and, where necessary, remediation is compulsory before the sale of a home in a high radon area (details supplied); and if he will make a statement on the matter. [8295/23]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Department of Environment, Climate and Communications that Radon gas is recognised as a serious threat to public health and estimated to be responsible for approximately 350 cases of lung cancer annually in Ireland. The Government has established a National Radon Control Strategy (NRCS), which included 31 actions on a broad range of measures aimed at reducing the risk from radon to people living in Ireland. The strategy is now in its second phase covering the period 2019 – 2024. Implementation of the strategy is overseen by an interdepartmental and agency group chaired by the Department of the Environment, Climate and Communications.

Phase one of the NRCS covered 2014 to 2018 and 17 out of the 31 actions were completed, including Action 19, which was to develop a detailed strategy to progress recommendations on conveyancing. The 2017 edition of the Law Society of Ireland’s Conditions of Sale was revised to include three questions regarding radon:

(a) Has a radon test been carried out?

(b) If a radon test has been carried out, please supply the report.

(c) Has any action to reduce radon levels been undertaken?

The Law Society also refer to radon when selling a home - www.lawsociety.ie/public/Legal-guides/property/selling-a-home

The Phase One Report of the NRCS is available at www.epa.ie/publications/monitoring--assessment/radon/National-Radon-Control-Strategy-Final-Report-to-Government.pdf and further information, including on testing for radon, can be found at https://www.epa.ie/environment-and-you/radon/home-buyers-and-sellers/

The question of taking further measures to address the risks arising from radon are a matter for the Department of the Environment, Climate and Communications in the first instance.

Citizenship Applications

Ceisteanna (560)

Bernard Durkan

Ceist:

560. Deputy Bernard J. Durkan asked the Minister for Justice the progress that has been made to date in the determination of an application for citizenship in the case of a person (details supplied); when the application is expected to be finalised; and if he will make a statement on the matter. [8308/23]

Amharc ar fhreagra

Freagraí scríofa

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.

I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.

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.

Immigration Status

Ceisteanna (561)

Pádraig O'Sullivan

Ceist:

561. Deputy Pádraig O'Sullivan asked the Minister for Justice when a decision will be made on an application (details supplied); and if he will make a statement on the matter. [8328/23]

Amharc ar fhreagra

Freagraí scríofa

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.

I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.

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.

An Garda Síochána

Ceisteanna (562, 583)

Catherine Murphy

Ceist:

562. Deputy Catherine Murphy asked the Minister for Justice the number of gardaí, by rank, attached to each divisional drugs unit as of 14 February 2023, in tabular form. [8344/23]

Amharc ar fhreagra

Claire Kerrane

Ceist:

583. Deputy Claire Kerrane asked the Minister for Justice the number of gardaí by rank attached to each divisional roads policing unit as of 15 February 2023, in tabular form. [8736/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 562 and 583 together.

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 for decisions on the deployment of personnel among the various Garda Divisions. As Minister, I have no role in these matters.

I am however assured that Garda management keeps the distribution of resources under continual review, in the context of crime trends and policing priorities, to ensure the optimum use of these resources.

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, with the unprecedented allocation provided in Budget 2023 of over €2 billion.

The table below, which has been provided to me by the Garda authorities sets out the total number of Garda members assigned to each Divisional Drugs unit at end December 2022, the latest date for which figures are available. Please note that this information is based upon operational data which has been provided by An Garda Síochána and may be liable to change.

Drugs Unit Strength 31 December 2022

Inspector

Sergeant

Garda

Total

Cavan/Monaghan

1

1

2

Clare

1

2

3

Cork City

1

18

19

Cork North

2

6

8

Cork West

1

6

7

D.M.R.E.

1

5

6

D.M.R.N.

4

25

29

D.M.R.N.C

3

28

31

D.M.R.S.

3

22

25

D.M.R.S.C.

1

3

4

D.M.R.W.

3

17

20

Donegal

1

4

5

Galway

1

9

10

Kerry

2

13

15

Kildare

10

10

Kilkenny/Carlow

1

7

8

Laois/Offaly

1

1

Limerick

3

19

22

Louth

2

9

11

Mayo

7

7

Meath

1

1

4

6

Roscommon/Longford

1

3

4

Sligo/Leitrim

1

6

7

Tipperary

2

10

12

Waterford

1

1

12

14

Westmeath

1

6

7

Wexford

11

11

Wicklow

1

6

7

Total

3

38

270

311

Furthermore, the table below, which has also been provided to me by the Garda authorities sets out the total number of Garda members assigned to each Divisional Roads Policing unit at end December 2022, the latest date for which figures are available. Please note that this information is based upon operational data which has been provided by An Garda Síochána and may be liable to change.

Garda Roads Policing Strength 31 December 2022

Inspector

Sergeant

Garda

Total

Cavan/Monaghan

2

14

16

Clare

3

16

19

Cork City

1

2

27

30

Cork North

1

20

21

Cork West

4

18

22

D.M.R. Roads Policing

3

9

80

92

D.M.R.E.

5

5

D.M.R.N.

3

11

14

D.M.R.N.C

1

16

17

D.M.R.S.

1

9

10

D.M.R.S.C.

1

12

13

D.M.R.W.

2

11

13

Donegal

3

25

28

Galway

1

4

35

40

Kerry

3

23

26

Kildare

3

25

28

Kilkenny/Carlow

3

22

25

Laois/Offaly

1

25

26

Limerick

1

3

32

36

Louth

1

24

25

Mayo

3

21

24

*Meath

1

1

16

18

Roscommon/Longford

3

17

20

Sligo/Leitrim

2

16

18

Tipperary

3

23

26

Waterford

2

16

18

*Westmeath

2

17

19

Wexford

2

21

23

Wicklow

2

18

20

Total

7

70

615

692

Inspector is for Meath and Westmeath

In addition:

DMR Roads Policing, Dublin Castle has 1 Chief Superintendent and 1 Superintendent

GNRPB in Garda HQ has 1 Chief Superintendent, 3 Superintendents, 1 Inspector and 3 Sergeants

For the Deputy's information, detailed statistics on Garda workforce numbers are published on my Department's website and can be accessed using the following link:

www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/

Prison Service

Ceisteanna (563)

Catherine Murphy

Ceist:

563. Deputy Catherine Murphy asked the Minister for Justice the number of persons currently in prison for the offence of careless driving and due for release in 2025 or 2026, in tabular form. [8345/23]

Amharc ar fhreagra

Freagraí scríofa

I am advised by my officials in the Irish Prison Service that there are a number of people in prison serving sentences listed as “Careless” or “Dangerous” Driving. The number of people and the offences, as requested by the Deputy, are set out in the table below.

Offence Description

2025

2026

CARELESS DRIVING CAUSING DEATH

1

DANGEROUS DRIVING

1

DANGEROUS DRIVING BODILY HARM

2

DANGEROUS DRIVING - DEATH

8

Total

11

1

Travel Documents

Ceisteanna (564)

Catherine Murphy

Ceist:

564. Deputy Catherine Murphy asked the Minister for Justice the number of persons who have been detained when arriving into Ireland and charged with travelling on a fake Canadian passport in the years of 2022 and to date in 2023, in tabular form. [8346/23]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Border Management Unit of my Department is responsible for frontline immigration duties at Dublin Airport only. All other ports of entry are the responsibility of the Garda National Immigration Bureau (GNIB).

The State has a duty to protect its borders and following examination, 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.

Immigration officials conduct passport checks on arrival to ensure passengers are properly documented in accordance with Section 11 of the Immigration Act 2004.

Where a person is suspected of travelling on false documentation they are referred to An Garda Síochána. For operational reasons and to protect against inadvertently revealing the identity of individuals involved, it is not possible to advise the numbers of persons refused and charged.

An Garda Síochána

Ceisteanna (565)

Catherine Murphy

Ceist:

565. Deputy Catherine Murphy asked the Minister for Justice the number of cases that the Garda national drugs and organised crime bureau have dealt with in 2022 and to date in 2023, in tabular form. [8347/23]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda Commissioner is responsible by law for the management and administration of An Garda Síochána, including operational policing matters. As Minister, I have no role in these matters.

I want to assure the Deputy that I am acutely conscious of the devastating impact that illegal drugs and drug dealing have on communities across the country. Tackling drug dealing and associated criminal activity, including by organised crime groups and by members of the public who, through their drug taking fuel this illegal and very harmful trade, is a top priority for An Garda Síochána and the Government.

It should be noted that the majority of drug related cases are dealt with at a local level, with assistance, where required, coming from the Garda National Drugs and Organised Crime Bureau (GNDOCB) in the most serious cases.

The GNDOCB has had significant, sustained success to proactively disrupt, dismantle and prosecute those persons engaged in various forms of serious criminal activity such as murder, armed robberies, drugs and firearms trafficking, and associated money laundering offences.

For the Deputy's information, the table below, which has been provided to me by the Garda authorities, sets out the number of cases that the GNDOCB has dealt with in 2022 and up to and including 31 January 2023, the latest date for which figures are available.

-

2022

2023 (31 January)

* Arrests

173

21

** Convictions

66

8

* 'Arrests' refers to number of persons arrested for serious organised crime related offences, including drug trafficking, money laundering, possession of firearms and associated offences.

** 'Convictions' refers to number of persons convicted of serious organised crime related activity in the courts.

GNDOCB are also involved in 'Threat to Life Operations' but, due to the operational sensitivity of these operations, figures have not been provided.

Official Engagements

Ceisteanna (566)

Catherine Murphy

Ceist:

566. Deputy Catherine Murphy asked the Minister for Justice if he has spoken with the UK Home Secretary to date in 2023. [8348/23]

Amharc ar fhreagra

Freagraí scríofa

Since my appointment as Minister for Justice in December 2022, it has not yet been possible to arrange a meeting with the UK Home Secretary, Suella Braverman. I do however hope to speak with her in the coming weeks.

EU Directives

Ceisteanna (567, 586)

Catherine Murphy

Ceist:

567. Deputy Catherine Murphy asked the Minister for Justice if his Department has been engaging with the European Parliament in relation to the proposed directive on Strategic Lawsuits against Public Participation; and to detail what anti-SLAPP mechanisms his Department is considering for domestic legislation. [8366/23]

Amharc ar fhreagra

Patrick Costello

Ceist:

586. Deputy Patrick Costello asked the Minister for Justice the status of the proposed introduction of an anti-SLAPP mechanism in Irish law (details supplied), as committed to in May 2022; and if he will make a statement on the matter. [8788/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 567 and 586 together.

On 1st March 2022, the Government approved publication of the Report of the Review of the Defamation Act 2009 and the development of a General Scheme of a Defamation (Amendment) Bill on foot of the Report.

As the Deputy has noted, a key recommendation in the Report is to introduce a new ‘anti-SLAPP’ mechanism - referring to Strategic Lawsuits against Public Participation - to allow a person to apply to court for summary dismissal of proceedings that he/she believes are a SLAPP. SLAPPs are legal proceedings, often without merit, whose main objective is not to succeed on the substantive issue claimed. Instead, they seek to deter debate or criticism by the defendant on matters of public interest, which is inconvenient to the plaintiff’s interest, by generating disproportionate costs and burdens of litigation to intimidate and obstruct them.

Preparation of the General Scheme of a Defamation (Amendment) Bill, to advance the reforms following the Review, is a priority for the Government and it is my intention to submit the General Scheme of the Bill to Government in the coming weeks for publication.

With regard to the European Commission Proposal for an EU Anti-SLAPP Directive, Ireland supports the proposal. As the Deputy will be aware, we have opted in to the adoption and application of the Proposal, in accordance with Protocol No. 21 annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, following a Government Decision and resolutions of the Dáil and Seanad to that effect. The proposal is currently under detailed consideration by officials of the Member States in a Council Working Group. Officials from my Department are actively participating in those discussions.

Equality Issues

Ceisteanna (568)

Cormac Devlin

Ceist:

568. Deputy Cormac Devlin asked the Minister for Justice if he will provide an update on the implementation of the Equality, Diversity and Inclusion Strategy 2021/2023; and if he will make a statement on the matter. [8382/23]

Amharc ar fhreagra

Freagraí scríofa

My Department launched its first Equality, Diversity and Inclusion (EDI) Strategy in March 2022. The Strategy is central to my Department’s mission of working for safe, fair and inclusive Ireland. It aims to strengthen my Department’s capabilities to promote equality, embrace diversity and foster inclusion, both in our daily interactions and activities as colleagues, and also in the design and delivery of the services that we provide to the public.

To this end, the EDI Strategy prioritises three areas of focus for strategic impact:

- achieve better policy outcomes and improve the accessibility and quality of our services;

- support the development of a skilled and diverse workforce which is reflective of the diversity within our population/country;

- build and embed a workplace culture which facilitates, supports and encourages contributions from all.

Each of these strategic outcomes is underpinned by a number of actions which the Department will implement. These actions are being integrated into our business planning with appropriate indicators and are being monitored along with other organisation goals and strategic priorities.

My Department’s EDI and Public Sector Duty Committee is chaired at Assistant Secretary level and will monitor the implementation of the EDI Strategy. Since the Strategy was launched, my Department has continued to make progress in implementing actions to achieve our strategic goals, including for example:

- The initiation of a project to identify an appropriate equality screening/proofing tool that could be applied to the type of work undertaken by the Department, so that equality considerations are identified from the outset and the impact can be assessed, and to test the tool in a number of areas.

- A workshop for staff of the Department and its agencies on equality budgeting has been delivered to provide guidance on the application of equality budgeting as relevant to their work.

- Supporting and promoting equal opportunities for people with disabilities by partnering with AHEAD, on their Willing and Able Mentoring Programme (WAM). In addition, a Traveller and Roma Internship Programme has been developed with the purpose of promoting the participation and inclusion of Traveller and Roma communities in Irish society and promoting pathways for a career in the Civil Service.

- My Department supports staff to pursue study in the areas of human rights and equality as part of the learning and development programme of supports, as well as the delivery of information and awareness-raising sessions on EDI-related topics. Examples of recent sessions include Neuro Diversity in the Workplace, marking Autism Awareness Month and Deaf Awareness.

The Strategy will continue to support my Department in its planned and systematic approach to realising our EDI ambition.

An Garda Síochána

Ceisteanna (569, 570)

Catherine Murphy

Ceist:

569. Deputy Catherine Murphy asked the Minister for Justice his plans to change Garda recruitment rules in respect of the upper threshold for recruits, in view of the fact that the policy has now been determined to be ageist (details supplied). [8386/23]

Amharc ar fhreagra

Catherine Murphy

Ceist:

570. Deputy Catherine Murphy asked the Minister for Justice if the recruitment plans for gardaí this year will be delayed as a result of outcome of a case that he was party to (details supplied). [8387/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 569 and 570 together.

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business, including the recruitment of Garda members and staff under the Garda Síochána Act 2005 (as amended).

As the Deputy will also be aware, recruitment to An Garda Síochána is governed by legislation, in particular the Garda Síochána (Admissions and Appointments) Regulations 2013 (as amended). These regulations provide that the maximum age at which a person may apply to join An Garda Síochána as a full time member is not more than 35 years of age on midnight on the closing date on any Garda recruitment competition.

Officials in my Department, along with the Attorney General’s Office, Garda management and the Chief State’s Solicitor Office, are currently considering the recent determination by the Labour Court in an age discrimination case. I cannot, therefore, comment on any possible approach that may be undertaken until these considerations are complete.

Since 2015, the budget for An Garda Síochána - uniquely in these islands - has increased by approximately €672m, or 46%. This has allowed for sustained and ongoing recruitment - only interrupted by the Covid pandemic. This includes an increase of almost 12% in Garda numbers throughout the country. In addition, since 2015, civilianisation has freed up over 870 Garda Members from back office duties to return to the front line policing for which they have been highly trained.

I and the Government are committed to securing the resources necessary to grow Garda numbers to 15,000 and beyond, underscored by the unprecedented €2.14 billion allocated in Budget 2023, to allow for up to 1,000 new Gardaí to be recruited this year, as well as 400 Garda staff.

The Commissioner plans to accelerate Garda recruitment coming out of the pandemic. The Commissioner and his team have assured me that the target to recruit 1,000 new Gardaí in 2023 can be achieved.

Coupled with further reassignments of Gardaí to operational frontline policing and the continued roll out of the new Operating Model with its core focus on community policing, I am confident that the Commissioner has suitable resources and plans in place to continue to deliver on An Garda Síochána's mission of Keeping People Safe.

Question No. 570 answered with Question No. 569.

Citizenship Applications

Ceisteanna (571)

Frankie Feighan

Ceist:

571. Deputy Frankie Feighan asked the Minister for Justice if he has considered an application by a person living in the UK (details supplied) seeking Irish citizenship; and if he will make a statement on the matter. [8413/23]

Amharc ar fhreagra

Freagraí scríofa

The Citizenship Division receives approximately 1,000 applications per month and utilises the resources available to maximise processing and reduce waiting times. The Division are working very hard to maintain as prompt a service delivery as possible, given the volume of applications currently being received.

Unfortunately, last year significant delays were regrettably experienced regarding the registering of new applications and issuing of acknowledgment receipts. A concentrated effort has gone in to reducing the backlog of unregistered applications, including weekend work and over-time employees and this issue is nearly resolved.

I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.

Applications are processed in chronological order by date of application and currently the median processing time for applications stands at 19 months and a delay in the registration of an application will not impact the overall processing time of the application.

Travel Documents

Ceisteanna (572)

Carol Nolan

Ceist:

572. Deputy Carol Nolan asked the Minister for Justice when Garda checks at Dublin Airport for travel documents of those disembarking from aircraft were discontinued. [8443/23]

Amharc ar fhreagra

Freagraí scríofa

The State has a duty to protect its borders and following examination, 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.

Immigration officials conduct passport checks, and run operations as required, to ensure passengers arriving in the State are properly documented in accordance with Section 11 of the Immigration Act 2004.

For security reasons and to protect the integrity of the immigration system, both I and my Department do not comment on operational procedures of the Border Management Unit or the Garda National Immigration Bureau. However I can assure the deputy that the GNIB and the BMU are actively engaging with airport authorities and airlines at a senior level to underscore the importance of passengers possessing correct documentation and to provide support in helping them to reduce the number of passengers boarding flights without the correct documentation.

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business under Section 26 of the Garda Síochána Act 2005 (as amended).

Asylum Applications

Ceisteanna (573)

Carol Nolan

Ceist:

573. Deputy Carol Nolan asked the Minister for Justice the average time taken to process all asylum applications lodged and decided on from 2016 to date. [8444/23]

Amharc ar fhreagra

Freagraí scríofa

My Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively, as part of the broader Government response, while ensuring the integrity of Ireland's rules-based immigration system is maintained.

Overall, my Department is working to minimise the timeframe for receiving a decision on an international protection application, giving status to those who are entitled to international protection to rebuild their lives here, while also ensuring faster decision making in respect of those who are deemed to be not entitled to international protection.

The Government has also committed additional funding of nearly €18m in 2023 that will also go towards increasing efficiency in processing applications, including by increasing staff numbers at the International Protection Office. Further reforms are being examined with a view to speeding up the processing of applications.

Notwithstanding the very large increase in the number of applications during 2022, the median processing time for all international protection cases (which includes decisions on permission to remain) processed to completion by the IPO in Quarter 4 of 2022 was 10 months. The median processing time for cases processed to completion for all of 2022 was 18 months.

The tables below detail the Median Processing Times for 2017-2022 (pre-2017 data is not available) and also a separate breakdown of the quarterly processing times for 2022. As the data in the table demonstrates, median processing times have improved significantly throughout 2022.

Median figures are collated rather than an average, as cases with unusually long or short processing times can skew the data. The median figure is more representative of the ‘normal’ processing time.

Median Processing Times 2017-2022 in Months

2017

9

2018

18

2019

17

2020

17

2021

23

2022

18

Median Processing Times 2022 - Quarterly

Quarter

Overall Processing Time in Months

Q1

26

Q2

22

Q3

13

Q4

10

The median processing times for all appeals determined by the International Protection Appeals Tribunal (IPAT) in the years 2016 to 2022 can be found in the table below.

Some of the Tribunal’s published figures vary between average and median, where possible the Tribunal have provided median figures.

Median and Average Processing Times

for Substantive Appeal Decisions – All Cases

2016

Median of 20.7 months based on a sample of 486 cases

2017

Average of 5.7 months

2018

Average of 7.1 months

2019

Average of 7.8 months

2020

Median of 9 months

2021

Median of 13.5 months

2022

Median of 10.2 months

The median processing times for all of 2022 for all appeals determined was 10.2 months, a 24% decrease compared to the previous year. Median processing times for appeals completed in Quarter 4 2022 stand at 4.1 months. The Tribunal’s resource plan for 2023 provides for additional staff to account for increased international protection appeals this year.

Data Protection

Ceisteanna (574)

Carol Nolan

Ceist:

574. Deputy Carol Nolan asked the Minister for Justice the total budget allotted to the Data Protection Commission for each year from 2016 to date; and if he will make a statement on the matter. [8445/23]

Amharc ar fhreagra

Freagraí scríofa

The Programme for Government commits to ‘recognise the domestic and international importance of data protection in Ireland’ and states that the Government ‘will ensure that Ireland delivers on its responsibilities under the General Data Protection Regulation’.

The Government is very conscious of the commitment to deliver effective data protection regulation and protection of the data privacy rights of EU citizens, which is critical to the development and growth of our digital economy. My Department’s role is to ensure that the Data Protection Commission (DPC) continues to have the resources required to fulfil its important, statutory obligations.

The DPC received an allocation of €26.2 million under Budget 2023, an increase of €3m from 2022. This means that funding has increased by more than seven-fold from its 2015 allocation. This is detailed in the Table below. The DPC’s budget allocation allows for recruitment of up to 283 staff by end of 2023, which is an increase of 25 staff on the sanctioned figure for 2022.

2023

€26.2m

2022

€23.2m

2021

€19.1m

2020

€16.9m

2019

€15.2m

2018

€11.7m

2017

€7.5m

2016

€4.7m

Asylum Applications

Ceisteanna (575)

Carol Nolan

Ceist:

575. Deputy Carol Nolan asked the Minister for Justice further to Parliamentary Question No. 560 of 31 January 2023, to elaborate on the status of the individual who was the subject of a determination 170 months after their application; whether the initial determination was in their favour; whether that person is still within the State; and if he will make a statement on the matter. [8447/23]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, for reasons relating to applicant confidentiality, it is not my Department's practice to comment on whether an application for international protection has been made in the State. An applicant for such protection status, or their legal representative, should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate if they wish to receive an update on the status of their case.

In relation to the PQ referenced by the Deputy I can confirm again that the longest application processing time for 2022 was 170 months, i.e. the first instance determination issued in 2022, but some 170 months after initial application. I can further assure the Deputy that this type of situation will only arise in the most exceptional of circumstances.

Typically, where an application remains in processing for a longer period this is due to reasons outside the control of my Department. This can include cases before the courts, or where an applicant does not engage with the process or cannot be contacted. All applicants with a valid application who applied prior to February 2020 were also eligible to apply for the regularisation scheme for the undocumented.

Domestic Violence

Ceisteanna (576)

Carol Nolan

Ceist:

576. Deputy Carol Nolan asked the Minister for Justice if there are any dedicated refuges for male victims of domestic or gender-based violence in the State; and if he will make a statement on the matter. [8505/23]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware the Government will establish a statutory agency with a dedicated focus on Domestic Sexual and Gender-Based Violence. The agency will have a specific mandate to drive the implementation of the Zero Tolerance: Third National Strategy on Domestic, Sexual and Gender-Based Violence across Government, bringing the expertise and focus required to tackle this complex social issue. Pending establishment of the Agency, responsibility for domestic violence services continues to be managed by Tusla.As this will continue to be the case until services formally transfer to the new DSGBV agency, I have referred the question posed by the Deputy to Tusla for direct reply.

Visa Applications

Ceisteanna (577)

Gary Gannon

Ceist:

577. Deputy Gary Gannon asked the Minister for Justice if he will provide a breakdown of the awards of working visas by country of origin of the awardees in the past year, in tabular form. [8609/23]

Amharc ar fhreagra

Freagraí scríofa

In order to work in Ireland all non-EEA Nationals, unless they are exempted, must hold a valid Employment Permit. The Department of Enterprise, Trade and Employment (DETE) administers the Employment Permits system.

Not all non-EEA Nationals are visa required.

The granting of an employment permit by DETE is not the sole determining factor as to whether a visa will subsequently be granted by my Department. These are two very distinct application processes with different checks and procedures in place in each respective Department.

The statistical breakdown requested by the Deputy can be found in the attached table.

Nationality

Jan-22 to Jan-23

Afghanistan

24

Albania

23

Algeria

21

Armenia

16

Bahrain

14

Bangladesh

91

Belarus

66

Bosnia and Herzegovina

30

Cambodia

39

Cameroon

20

Colombia

77

Ecuador

6

Egypt

275

Ethiopia

8

Georgia

8

Ghana

166

India

9070

Indonesia

41

Iran

44

Iraq

10

Jordan

43

Kazakhstan

31

Kenya

109

Kosovo

13

Kuwait

7

Kyrgyzstan

19

Lebanon

89

Libya

8

Malawi

17

Mauritius

35

Moldova

53

Morocco

63

Nepal

101

Nigeria

374

North Macedonia, Republic of

8

Oman

13

Pakistan

868

Palestinian National Authority

12

People's Republic of China

539

Peru

13

Philippines

2089

Russian Federation

515

Saudi Arabia

34

Senegal

6

Serbia

28

Sri Lanka

278

Sudan

286

Syrian Arab Republic

8

Thailand

324

Tunisia

72

Turkey

409

Uganda

41

Ukraine

18

United Republic of Tanzania

17

Venezuela

11

Viet Nam

222

Zambia

24

Zimbabwe

547

Rest of the World *

61

Total

17454

* Where a value for a particular country is 5 or less that country is included in Rest of the World.

The figures above are the combined totals of Type D Employment Visas granted at first instance and on appeal.

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