Wednesday, 17 Jan 2024

Written Answers Nos. 1083-1102

An Garda Síochána

Ceisteanna (1083)

Darren O'Rourke

Ceist:

1083. Deputy Darren O'Rourke asked the Minister for Justice the number of 1400 cc motorcycles currently in the Garda divisional roads policing unit nationwide, in tabular form. [1168/24]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including the purchase, allocation, and effective and efficient use of Garda vehicles. As Minister, I have no role in such matters.

However, to be of assistance I sought the information requested by the Deputy from An Garda Síochána and have been advised that there are currently no plans to have 1400cc motorcycles in use in the Garda Fleet, and there are currently none in use. 

I am informed that the number and types of vehicles procured is based on identified operational needs, the availability of resources and is reviewed on a continual basis.

Asylum Seekers

Ceisteanna (1084)

Éamon Ó Cuív

Ceist:

1084. Deputy Éamon Ó Cuív asked the Minister for Justice if there are plans to open a special humanitarian pathway for residents of Gaza who have family residing in Ireland; if visa applications for residents of Gaza are being prioritised by her Department and the relevant embassy; and if she will make a statement on the matter. [1183/24]

Freagraí scríofa

Minister for Justice

I am acutely aware of the grave humanitarian crisis in Gaza and my Department is working closely with colleagues in the Department of Foreign Affairs (DFA) to ensure a coordinated national response to this volatile and evolving situation. This includes their work to evacuate Irish citizens and their families who may require visa assistance. 

My Department is in regular contact with the Embassy of Ireland in Israel regarding a number of visa applications, from residents of Gaza, the West Bank and Lebanon. The Embassy are actively engaging with the applicants to gather the required documents to ensure that the Visa Division of this Department have everything needed progress these applications.

Asylum Seekers

Ceisteanna (1085)

Pauline Tully

Ceist:

1085. Deputy Pauline Tully asked the Minister for Justice with regard to the increasingly urgent conflict situation in Sudan, if she introduced, or will consider introducing options such as stamp zero, temporary visas or other pathways to reunite Sudanese/Irish citizens or residents with their immediate relatives with agreed-upon guarantees that would ensure they will not become a burden on the State. [1222/24]

Freagraí scríofa

Minister for Justice

I understand that this is a difficult situation for our Sudanese community and their loved ones. My Department has assisted the Department of Foreign Affairs in their work to evacuate Irish citizens and their families from Sudan. Where necessary, we are continuing to work closely with the Department of Foreign Affairs on a case by case basis assisting any remaining Irish citizens who are evacuating Sudan with their family.

It is open to the persons affected who have family members here to apply for a visa. Due to the unrest in Khartoum the office of Ireland’s Honorary Consul is currently inaccessible. Where possible visa applicants should engage with the nearest available Irish Embassy who can give further information on specific cases. Emergency visa applications will be dealt with on a case by case basis but will, wherever possible, be processed speedily.  It is important to say that all current immigration avenues remain open for new applications, including Stamp 0, visa and family reunification applications.

Immigration Status

Ceisteanna (1086)

Cathal Crowe

Ceist:

1086. Deputy Cathal Crowe asked the Minister for Justice when a decision will be made with the appeal of stamp 4 visas being cancelled on two applicants who moved to Ireland from Brazil (details supplied); and if she will make a statement on the matter. [1236/24]

Freagraí scríofa

Minister for Justice

I can advise the Deputy that the persons referred to requested that a review of the decision to refuse their applications for residence cards be carried out. The decision to refuse their application, made on 15 October 2018, was reviewed in accordance with Regulation 25 of the European Communities (Free Movement of Persons) Regulations 2015 (the "Regulations") and the provisions of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (the "Directive").

The review of their applications was not successful, as they did not fulfil the relevant conditions set out in the Regulations and the Directive.  They were notified by letter dated 3 September 2021 that the decision to refuse their residence card applications had been confirmed following review and that they now had no immigration status in the State.

In response to a notification issued pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the persons concerned.

These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made. These cases are amongst many to be considered at present and, as such, it is not possible to provide a specific indication as to when the cases will be finalised.

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 ([e-mail]) 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.

An Garda Síochána

Ceisteanna (1087)

Michael Fitzmaurice

Ceist:

1087. Deputy Michael Fitzmaurice asked the Minister for Justice for a detailed breakdown of drink driving convictions, by county over the most recent year for which data is available, including the number of convictions, repeat offences; and if she will make a statement on the matter. [1285/24]

Freagraí scríofa

Minister for Justice

Outcomes of Court proceedings, including the recording of convictions and collation of related data, are under the remit of the Courts Service. Management of the courts, 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. 

The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: [e-mail]. The Minister has no role in these matters. As the information requested by the Deputy is held by the Courts service, I have referred this question to the Courts service for direct answer.

An Garda Síochána

Ceisteanna (1088)

Paul Donnelly

Ceist:

1088. Deputy Paul Donnelly asked the Minister for Justice the number of domestic abuse coordination teams that are based at Garda stations within DMR; the number of gardaí, by rank in each of the teams; and the number of incidents each of the DACTs have dealt with in 2023, in tabular form. [1292/24]

Freagraí scríofa

Minister for Justice

I have asked An Garda Síochána to provide any information of relevance to the Deputy’s question. I will contact the Deputy once An Garda Síochána have responded to my request.

Citizenship Applications

Ceisteanna (1089)

Bernard Durkan

Ceist:

1089. Deputy Bernard J. Durkan asked the Minister for Justice the steps now being taken to finalise the application for citizenship in the case of a person (details supplied); when it is expected that application will be finalised, given that their application will be pending for three years in February 2024; and if she will make a statement on the matter. [1300/24]

Freagraí scríofa

Minister for Justice

The naturalisation application from the person referred to by the Deputy continues to be processed by my Department. At present "Irish association" cases are taking in excess of 30 months to process. 

Any application under Section 16 that relies on Irish associations and affinity should be supported by substantive documentation that, in the Minister’s view, renders the application exceptional and one where the normal pathways to citizenship provided for under the legislation are not appropriate.

The Deputy should be aware that there is no automatic right or entitlement to have any of the statutory conditions waived, even where the applicant comes within the certain circumstances defined.

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.

My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.

My Department has recently moved from paper to online based citizenship applications. This is one of a number of measures introduced in an effort to optimise the application process and enhance the overall customer service experience. As part of the new online process customers are issued with an acknowledgment on submission of the online application. The forms provide a seamless application process and help guide applicants through what is required for an application.

Finally, I can advise the Deputy that the Citizenship Division of my Department intends to communicate regularly with all applicants on a quarterly basis into the future.

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: [e-mail], 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 (1090)

Pa Daly

Ceist:

1090. Deputy Pa Daly asked the Minister for Justice for a breakdown of each cohort of newly attested recruits for 2022-2023 and the Garda divisions to which they have been assigned, in tabular form. [1330/24]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware, the Garda Commissioner determines the distribution and stationing of Gardaí throughout the State under section 33 of the Garda Síochána Act 2005 (as amended). As Minister, I play no role in the assignment of Garda members to the various units/Divisions. 

I am assured that Garda management keeps the distribution of resources under continual review in light of identified operational demands. It is also important to note that the allocation of Probationer Gardaí is initially to Training Garda Stations and also allows for consequential inter-divisional transfers of other Garda members.  

In the interest of transparency, the breakdown of Probationer Gardaí assigned by Division and Station from 2015 (when the Garda College reopened) to 15 December 2023 (the date of the most recent attestation of Probationer Gardaí) is publicly available on my Department's website at the following link:

www.gov.ie/en/publication/7c2e6-probationer-gardai/

This information is updated after each attestation. Information supplied is provided by An Garda Síochána and is operational and subject to change. 

The Deputy will also be aware the this year's recruitment campaign opened on Monday 15 January and closes on Thursday 8 February. I encourage anyone with an interest in a career as a Garda member to apply.

Prison Service

Ceisteanna (1091)

Catherine Murphy

Ceist:

1091. Deputy Catherine Murphy asked the Minister for Justice the number of senior psychologist and staff grade psychologist that were recruited into Irish Prison Service in 2023; and the number of those post holders left the Irish Prison Service during 2023, in tabular form. [1356/24]

Freagraí scríofa

Minister for Justice

The role of the Psychology Service in the Irish Prison Service is to develop, deliver and manage an integrated mental health and criminogenic needs assessment and treatment service for people in custody, in line with service plans and objectives, and within established professional standards, guidelines and policy. 

The Irish Prison Service continually monitors staffing requirements and vacancies across the organisation, which arise as a result of multiple factors such as mobility, resignations, promotions and retirements, and recruitment campaigns are launched accordingly.  

The information requested by the Deputy in respect of the number of Senior Psychologists and Staff Grade Psychologists who were recruited and of those the number who exited the service during 2023 is provided in the table below.

Grade	Number recruited	Number who exited
Senior Psychologist	0*	0
Staff Grade Psychologist	4**	1

*During the course of 2023, 5 established Staff Grade Psychologists were promoted into the role of Senior Psychologists and remain in post.

**There were an additional 3 Staff Grade Psychologists recruited in 2023 who are undergoing the on boarding process.

Family Reunification

Ceisteanna (1092)

Emer Higgins

Ceist:

1092. Deputy Emer Higgins asked the Minister for Justice if the income requirement of €40,000 for family reunification will be reviewed to allow individuals in full-time employment within the State to reunite with their immediate family; and if she will make a statement on the matter. [1362/24]

Freagraí scríofa

Minister for Justice

The position in regard to applications for family reunification is set out in the Policy Document for Non-EEA Family Reunification, which is available on my Department's website.  The policy document sets out the rationale for applying resource requirements as part of the overall assessment of whether to approve an application for family reunification.

In general terms, the sponsor must demonstrate their capacity to provide for their family member(s) if they are to be granted a permission to come to Ireland. As a guideline, sponsors, regardless of occupation, must have a gross income in excess of that applied by the Department of Social Protection (DSP) in assessing eligibility for the Working Family Payment (formerly Family Income Supplement).  In examining such applications, my Department applies the DSP income levels current at the time of assessment. 

The family reunification policy, which was last amended in 2016, is currently under review. That review is examining a range of matters relating to applications for family reunification including the nature and suitability of current income thresholds.

Naturalisation Applications

Ceisteanna (1093)

Richard Boyd Barrett

Ceist:

1093. Deputy Richard Boyd Barrett asked the Minister for Justice the status of an application (details supplied); and if she will make a statement on the matter. [1371/24]

Freagraí scríofa

Minister for Justice

The naturalisation application from the person referred to by the Deputy continues to be processed by my Department.

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.

My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.

My Department has recently moved from paper to online based citizenship applications. This is one of a number of measures introduced in an effort to optimise the application process and enhance the overall customer service experience. As part of the new online process customers are issued with an acknowledgment on submission of the online application. The forms provide a seamless application process and help guide applicants through what is required for an application.

Finally, I can advise the Deputy that the Citizenship Division of my Department intends to communicate regularly with all applicants on a quarterly basis into the future.

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: [e-mail], 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.

Asylum Seekers

Ceisteanna (1094, 1095, 1096, 1097)

Colm Burke

Ceist:

1094. Deputy Colm Burke asked the Minister for Justice what action her Department is taking to reduce waiting times for an appointment for registration renewal of a GNIB card, given the current waiting time is 16-18 weeks in Limerick; and if she will make a statement on the matter. [1414/24]

Colm Burke

Ceist:

1095. Deputy Colm Burke asked the Minister for Justice what action her Department is taking to reduce waiting times for an appointment for registration renewal of a GNIB card for those living outside Dublin; and if she will make a statement on the matter. [1415/24]

Colm Burke

Ceist:

1096. Deputy Colm Burke asked the Minister for Justice the current waiting times for an appointment for registration renewal of a GNIB card for those living outside of Dublin; and if she will make a statement on the matter. [1416/24]

Colm Burke

Ceist:

1097. Deputy Colm Burke asked the Minister for Justice the current waiting times for an appointment for registration renewal of a GNIB card for those living in Dublin; and if she will make a statement on the matter. [1417/24]

Freagraí scríofa

Minister for Justice

I propose to take Questions Nos. 1094, 1095, 1096 and 1097 together.

An Garda Síochána has oversight of the first registration and renewal of immigration residence permissions for non-EU/EEA/UK nationals residing outside of the Dublin area.  I have no role in regard to the scheduling of these appointments.  The waiting time for appointments outside of Dublin is dependent on the demand for registrations in each office, and fluctuates based on seasonal demands and other variations.

My Department's Registration Office in Burgh Quay is responsible for registering immigration permissions for customers residing in the Dublin area only.

Applications for renewal of permission, including when changing stamp category, are accepted up to 12 weeks prior to expiry to allow sufficient time for processing. The Immigration Service Delivery area of my Department are currently processing applications for renewal submitted the week commencing 04 January 2024. This processing date is advertised on the Immigration Service website and updated weekly.

The Commission on the Future of Policing in Ireland (COFPI) recommended that immigration administrative functions should transfer from the Garda National Immigration Bureau (GNIB) to the Department of Justice.  My Department and An Garda Síochána have engaged intensively on the scope of immigration operations to transfer to the Department and a roadmap outlining the functions for transfer is currently being finalised.

The roadmap will address the future transfer of work relating to the nationwide registration and renewal (outside of Dublin) of residence permission and the renewal of such permission from An Garda Síochána to the Registration Office of my Department. 

Question No. 1095 answered with Question No. 1094.

Question No. 1096 answered with Question No. 1094.

Question No. 1097 answered with Question No. 1094.

Legislative Measures

Ceisteanna (1098, 1099, 1100, 1101)

Jim O'Callaghan

Ceist:

1098. Deputy Jim O'Callaghan asked the Minister for Justice whether the Family Courts Bill 2022 can be amended to include provisions that compel banks to honour court orders related to property transfers and deeds, treating them as final and binding; and if she will make a statement on the matter. [1431/24]

Jim O'Callaghan

Ceist:

1099. Deputy Jim O'Callaghan asked the Minister for Justice whether the Family Courts Bill 2022 can be amended to extend the first start legislation to include separated/divorced couples seeking to re-mortgage property and providing them with the same financial benefits as first-time buyers; and if she will make a statement on the matter. [1432/24]

Jim O'Callaghan

Ceist:

1100. Deputy Jim O'Callaghan asked the Minister for Justice whether the Family Courts Bill 2022 can be amended to provide for the establishment of separate procedures for banks to review mortgage applications from separated/divorced couples with existing court orders; and if she will make a statement on the matter. [1433/24]

Jim O'Callaghan

Ceist:

1101. Deputy Jim O'Callaghan asked the Minister for Justice whether the Family Courts Bill 2022 can be amended to allow for the implementation of mechanisms allowing individuals to discharge mortgages directly, eliminating the need for payments through an ex-partner's account and reducing the risk of financial abuse; and if she will make a statement on the matter. [1434/24]

Freagraí scríofa

Minister for Justice

I propose to take Questions Nos. 1098, 1099, 1100 and 1101 together.

The issues raised by the Deputy fall outside the scope of the Family Courts Bill 2022, which is currently being considered by the Oireachtas. The Bill has completed Second Stage in Seanad Éireann.

The Family Courts Bill provides for the establishment of a Family Court as divisions within the existing court structures, each Family Court division dealing with family law matters as appropriate to its jurisdiction. The Bill also provides for court jurisdiction and procedural matters which will support the new Family Courts and will support a less adversarial resolution of family justice disputes. It is not intended to provide in this Bill for substantive family law matters other than such measures as are necessary for the operation of the new Family Court divisions.

Moreover, the specific matters raised by the Deputy under PQ 1433/24 in relation to bank procedures for reviewing mortgage applications, and under PQ 1434/24 in relation to the mechanisms provided by lenders for borrowers to make payments on mortgages, are commercial matters for financial institutions and, insofar as they are amenable to legislation, matters which fall under the responsibility of my colleague the Minister for Finance.  

Furthermore, PQ 1432/24 is understood to be in relation to legislation regarding the ‘Fresh Start’ scheme for Local Authority Home Loans, which fall under the responsibility of my colleague the Minister for Housing, Local Government and Heritage.

In relation to the Deputy’s question regarding the effect of court orders (PQ 1431/24), it is already the legal position that a court order is legally binding, and must be honoured, by any party to whom it is addressed. No statutory amendment is considered necessary to achieve this result: in addition, such an amendment could have the unintended consequence of creating legal uncertainty, in respect of any type of court order not expressly included in the scope of the amending legislation concerned. 

Question No. 1099 answered with Question No. 1098.

Question No. 1100 answered with Question No. 1098.

Question No. 1101 answered with Question No. 1098.

Prison Service

Ceisteanna (1102)

Sorca Clarke

Ceist:

1102. Deputy Sorca Clarke asked the Minister for Justice further to Parliamentary Question No. 357 of 21 November 2023, if she has received the necessary information from the Garda authorities to have this PQ answered. [1469/24]

Freagraí scríofa

Minister for Justice

I am advised by my officials in the Irish Prison Service that on 31 December 2023 there were 265 individuals serving sentences where the most serious offence recorded is robbery. This figure does not include those who are currently serving a sentence where the most serious offence is burglary.

The number of prisoners serving sentences where the most serious offence record is for robbery who are due to be released in 2026, 2027 and 2028 is set out in the table below.

Offence	Year 2026	Year 2027	Year 2028
Robbery	36	12	3