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Thursday, 15 Jun 2023

Written Answers Nos. 236-245

Residency Permits

Ceisteanna (236)

Bernard Durkan

Ceist:

236. Deputy Bernard J. Durkan asked the Minister for Justice the progress that has been made to date in the determination of an application as part of recent undocumented scheme in the case of a person (details supplied); and if she will make a statement on the matter. [28937/23]

Amharc ar fhreagra

Freagraí scríofa

The application for the person referred to by the Deputy was received by the Undocumented Unit of my Department on 9 February 2022 and continues to be processed. Due to the large number of applications on hand it is not possible to provide a definitive timeframe for a decision to issue.

The processing times of applications will vary depending on the complexity of the application, whether it is a single or family application, the supporting documentation and the vetting process with An Garda Síochána (AGS). Applications where there is an existing deportation order will also require additional processing.

Each application received is assessed individually in accordance with the published criteria, available on my Department's immigration website at: www.irishimmigration.ie/wp-content/uploads/2022/01/Undocumented-Policy-Scheme-January-2022.pdf.

Queries in relation to the status of individual immigration cases may be made directly to my Department by email 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 email service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Visa Applications

Ceisteanna (237)

Bernard Durkan

Ceist:

237. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an appeal for visa in the case of a person (details supplied); when a visa is likely to issue; and if she will make a statement on the matter. [28907/23]

Amharc ar fhreagra

Freagraí scríofa

The visa application referred to by the Deputy was refused on 5 October 2022. The reasons for this decision were set out in the refusal letter sent to the applicant at that time. An appeal of this decision was received in the Dublin Visa Office on 3 November 2022.

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. It should be noted that visa appeals are dealt with in strict chronological order.

Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday: www.irishimmigration.ie/visa-decisions/.

Processing times can change during the year, for example before holiday periods or for study applications prior to a new college year. A decision will be issued to the applicant as soon as full consideration has been given by a Visa Appeals Officer.

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.

Control of Firearms

Ceisteanna (238, 239, 240, 241)

Verona Murphy

Ceist:

238. Deputy Verona Murphy asked the Minister for Justice if she will explain the process of setting up the Firearms Expert Committee; what the terms of reference for the committee were; who set the terms of reference; and if she will make a statement on the matter. [28929/23]

Amharc ar fhreagra

Verona Murphy

Ceist:

239. Deputy Verona Murphy asked the Minister for Justice if she will outline the criteria used to appoint members to the Firearms Expert Committee and the credentials required for membership of that committee; and if she will make a statement on the matter. [28930/23]

Amharc ar fhreagra

Verona Murphy

Ceist:

240. Deputy Verona Murphy asked the Minister for Justice how many people applied to become members of the Firearms Expert Committee; how many people were shortlisted and interviewed; and if she will make a statement on the matter. [28931/23]

Amharc ar fhreagra

Verona Murphy

Ceist:

241. Deputy Verona Murphy asked the Minister for Justice if she will outline who the members of the interview panel were who appointed members of the Firearms Review Committee; what credentials those interviewees had; and if she will make a statement on the matter. [28932/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 238 to 241, inclusive, together.

I can advise the Deputy that I established the Firearms Expert Committee (FEC) on a non-statutory basis, with representation from stakeholders, my Department and An Garda Síochána. The purpose of the FEC was to serve in an advisory capacity to me as Minister, providing guidance on a wide range of matters related to firearms licensing in the State.

In line with its comprehensive terms of reference, which were developed by my Department based on the announcement on a proposed Firearms Assessment and Appeals Authority by the Minister in September 2015 and which were publically available, the FEC was tasked with making recommendations on a range of firearms matters for my subsequent consideration.

The FEC was made up of five members: an independent Chairperson, a representative of An Garda Síochána, a representative of the Department of Justice, and two non-governmental Ordinary Members having experience of firearms. This structure was chosen to give balanced representation to both governmental and non-governmental stakeholders. Appointment to the FEC was conducted in line with the process advised in the expressions of interest document published on Gov.ie and shared with various stakeholder organisations. As was advised therein, the Ordinary Members of the FEC were appointed on a personal basis only and not as formal representatives of a particular body or group. I would point out, however, that both of the Ordinary Members appointed are Registered Firearms Dealers and are, or have been, members of national firearms organisations.

On 31 March, 2022, expressions of interest were sought from suitably qualified candidates for appointment to the Firearms Expert Committee. This call was published on the Department of Justice’s website and shared with various stakeholder organisations. The call for expressions of interest was administered by officials from the Criminal Justice Policy Function of the Department of Justice which also acts as the Secretariat to the Committee.

In total 14 applications were received for the position of Chairperson and 34 for the positions of Ordinary Member. Appointment to the Committee was conducted in line with the process advised in the expressions of interest document, which did not foresee a formal interview process. Given the number of well-qualified applicants, and in line with the process advised in the expressions of interest document, I requested that shortlists of candidates be prepared for final consideration. These shortlists were prepared by assessing applications against the suitability indicators listed in the expression of interest document and scoring them accordingly. After careful consideration, the candidates for appointment were selected from these shortlists.

Following that process, Ms. Emma Meagher Neville was selected for the position of Chairperson. Ms. Meagher Neville qualified as a solicitor in 1998 and is currently the Vice President of the Southern Law Association (SLA) and a Council member of the Law Society of Ireland. Mr. Paul Walsh and Mr. Fabian Connolly, both Registered Firearms Dealers with extensive experience in different types of shooting, were selected for the positions of Ordinary Member. An Garda Síochána was represented on the Committee by Superintendent Emma Doyle (or her alternative, Inspector Paul Greene), who replaced the initial nominee Superintendent Brian Murphy in advance of the first meeting. Mr. John Guinane, the Firearms Range Inspector, was appointed to represent the Department of Justice.

The FEC held nine in-person Committee meetings, in addition to one videoconference with representatives of the PSNI firearms licensing branch and one final videoconference meeting concerning the finalisation of the reports. These meetings occurred over a period of nine months.

Summaries and minutes of the in-person Committee meetings, detailing the items of discussion, have been published on Gov.ie and are publically available at www.gov.ie/en/publication/8fa98-firearms-expert-committee.

The FEC heard from a number of expert witnesses during the course of its meetings including: officials from the National Parks and Wildlife Service; two experienced licensing officers from An Garda Síochána; officials from the PSNI firearms licensing branch; and officials from the Northern Ireland Office. The FEC further considered a number of submissions that were made to the committee.

The final meeting of the FEC took place on 3 March 2023 and having received the final reports I published them on 31 March 2023 on Gov.ie.

As I have emphasised throughout the process, any proposed changes to policy or legislation arising from any of the recommendations of the FEC will be subject to prior consultation with firearms stakeholders. To that end, on 3 May 2023 I launched the FEC consultation online on Gov.ie which concluded on 2 June 2023.

In addition, I also sought written submissions on the recommendations of the FEC from a range of stakeholder organisations and intend to meet with these groups, having received their written submissions and now that the wider public consultation has concluded. This will ensure that stakeholder organisations, and their members, have been afforded the opportunity to fully engage in this consultation process.

Question No. 239 answered with Question No. 238.
Question No. 240 answered with Question No. 238.
Question No. 241 answered with Question No. 238.

Departmental Policies

Ceisteanna (242)

Michael Lowry

Ceist:

242. Deputy Michael Lowry asked the Minister for Justice further to Parliamentary Question Nos. 400 and 401 of 18 May 2023, when she plans to publish both the research report and the policy paper following the public consultation on the issue of parental alienation as part of the Justice Plan 2022 on her Department’s website; and if she will make a statement on the matter. [28934/23]

Amharc ar fhreagra

Freagraí scríofa

I can advise the Deputy that Minister Harris brought both the finalised policy paper and the research report to Government on the 23rd of May last, which noted his intention to publish both reports.

Both the research report and the policy paper have now been published on the Department’s website, a link to which can be found here: www.gov.ie/en/publication/20df3-parental-alienation-research-report-and-policy-paper/.

Visa Applications

Ceisteanna (243)

Martin Browne

Ceist:

243. Deputy Martin Browne asked the Minister for Justice the working target for her Department to process atypical visa applications; the number of atypical visa applications that are currently being processed; the number of applications that have been issued in 2023 to date; the length of time it is taking to process these visa applications on a graduated basis; if the length of time it is taking to process such applications reflects the urgency fill positions in which skill shortages have been identified; and if she will make a statement on the matter. [28946/23]

Amharc ar fhreagra

Freagraí scríofa

Ireland’s Atypical Working Scheme (AWS) is designed to accommodate the arrival of non-EEA nationals to fill short term labour gaps for the benefit of our economy. In recognition of the importance of front-line medical personnel, the AWS Unit prioritises these applications.

There has been an unprecedented demand for Atypical Working Scheme permissions in the first three months of this year with a significant increase in the numbers for healthcare workers. Additional resources have been deployed to manage the scheme recently.

As of 31 May 2023, the number of applications on hand was 2,041.

The current processing time of applications is approximately 35 days.

My Department is working to reduce processing times through the modernisation of our systems and the introduction of efficiencies, as well as additional streamlining measures which should also reduce processing times for AWS applications.

The AWS unit continues to liaise with all relevant stakeholders in this area and further information on the Atypical Working Scheme, including the criteria for documents, is available here: www.irishimmigration.ie/coming-to-work-in-ireland/what-are-my-work-visa-options/applying-for-a-long-stay-employment-visa/atypical-working-scheme/.

The number of applications received and processed year-to-date is provided for below. The same period for 2022 & 2021 is included to demonstrate the increase in the volume of applications that the AWS Unit is receiving.

Year

Applications Received

Decisions

2021 (1 Jan to 31 May)

2,677

3,116

2022 (1 Jan to 31 May)

3,260

3,077

2023 (1 Jan to 31 May)

5,376

3,759

Spent Convictions

Ceisteanna (244)

Patrick Costello

Ceist:

244. Deputy Patrick Costello asked the Minister for Justice for an update on her work in relation to spent convictions; and if she will make a statement on the matter. [28966/23]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Government commits in the Programme for Government to reviewing the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 and to broaden the range of convictions that are considered spent. As part of this review process, a public consultation on spent convictions was launched by my Department in October 2020.

Bespoke research on the approach to spent convictions internationally was also commissioned. Based on the outcome of that consultation and other submissions received, as well as the international research, my Department has compiled a report aimed at identifying and assessing the possible implications of amending the 2016 Act, so that the fairest possible outcomes can be achieved for the public. This matter and the report remain under consideration at this time.

Furthermore, Justice Plan 2023 contains an objective to support the work of the Oireachtas in order to progress the Criminal Justice (Rehabilitative Periods) Bill 2018. My officials have engaged constructively with Senator Ruane in relation to this Bill. As the Deputy is aware, this Bill proposes to amend and considerably extend the 2016 Act.

An Garda Síochána

Ceisteanna (245)

Bernard Durkan

Ceist:

245. Deputy Bernard J. Durkan asked the Minister for Justice the action in conjunction with the Garda Commissioner she will take to increase the number of community policing officers in this division within the context of the next two passing out parades from the Garda Training college in Templemore; and if she will make a statement on the matter. [29027/23]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda Commissioner is by law responsible for the management of An Garda Síochána, including the distribution of Garda members between the different Garda units and Divisions. As Minister, I have no direct role in these matters.

The Government is committed to building stronger, safer communities and a strengthened, well-resourced Garda Síochána is central to this policy. Funding has been provided for up to 1,000 new Gardaí this year and we are seeing more Garda recruits enter Templemore every 11 weeks.

I can inform the Deputy that at end April 2023, the latest date for which figures are available, there were 625 Garda members and 63 Garda staff assigned to the DMR North Central Division. This represents respective increases of 6% and 66% since end of 2015. As of the same date there were 35 Community Gardaí assigned to the Division.

In addition, since the reopening of the Garda college in September 2014 a total of 317 probationer Gardaí have been assigned to the Division.

Community policing is fundamental to the new Garda Operating Model recommended by the Commission on the Future of Policing in Ireland and currently being rolled out under 'A Policing Service for Our Future', the Government's implementation plan for the Commission's recommendations.

The new Operating Model is currently being rolled out in all divisions and is fully commenced in six - Dublin South Central, Cork City, Kerry, Galway, Limerick and Mayo-Roscommon-Longford. For these divisions it means:

• Districts replaced with Community Engagement Functional Areas,

• Crime Functional Area established in each Division,

• All personnel aligned to a Functional Area, and

• Garda Stations aligned to Community Engagement Functional Areas.

I am advised by the Garda authorities that a member of An Garda Síochána can be deemed to be a ‘Community Garda’ where that member is allocated to a Community Policing Team (CPT) and is responsible and accountable for applying a problem–solving approach to appropriate crime and policing quality of life issues in a specified geographic area through partnership and engagement. In some rural areas, the existing personnel will form Community Policing Teams (CPTs). They will have dual functions as first responders and community policing members. Additionally, CPTs will be augmented by Community Support Gardaí who will perform front-line duties and will be assigned a particular CPA to support a dedicated Community Garda.

I am informed that each Division will have a number of Community Policing Teams (CPTs) assigned to it, consisting of an Inspector, Sergeant, Community Policing Gardaí. CPTs will prioritise engagement with communities for the delivery of long-term sustainable solutions to community needs.

I want to emphasise that community policing is at the heart of An Garda Síochána, and that all Gardaí have a role to play in community policing in the course of carrying out their duties.

However, community safety is not just about the number of Gardaí in communities. Community safety is a whole of Government responsibility and it requires a multi-agency approach.

The Policing, Security and Community Safety Bill will place statutory obligations on Departments and other public service bodies to cooperate with each other to improve community safety. It also establishes national structures to provide strategic direction and ensure that collaboration is working, and establishes Local Community Safety Partnerships (LCSPs), which will replace existing Joint Policing Committees.

There are currently three pilot LCSPs in Dublin’s North Inner City, Waterford, and Longford. The partnerships are made up of:

• community representatives, including residents, youth representatives, members of new and minority communities, local activists, local businesses, and representatives of schools;

• public sector representatives, i.e., local statutory services such as the HSE, Tusla, An Garda Síochána, and the local authority; and

• local councillors.

Each partnership will create its own local community safety plan, setting out the key actions to address safety concerns in their respective communities and assigning ownership for these actions. The first such plan has been produced by the Longford LCSP pilot and is available on the Longford County Council website. I was pleased to see the launch the Waterford Community Safety Plan 2023-2028 in March.

The pilot LCSPs are undergoing an ongoing independent evaluation to ensure that, when established nationally, the LCSPs will be designed and supported to help communities prioritise issues raised by its members as safety concerns.

The mid-term evaluation was received by my Department in April 2023. Ultimately the report finds its results are consistent with learnings from elsewhere, and that they reaffirm the importance of the partnerships’ work.

It concludes by emphasising that the current crucial components, at the national level, are vision, leadership and the setting up of the national structures and processes for implementation of the roll-out. I intend for it to be published in the coming weeks.

A final evaluation report of the LCSP pilot is expected by the end of 2023, ahead of their nationwide roll-out as part of the implementation of the Policing, Security and Community Safety Bill.

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