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Tuesday, 20 Feb 2024

Written Answers Nos. 433-447

Residency Permits

Ceisteanna (433)

Paul McAuliffe

Ceist:

433. Deputy Paul McAuliffe asked the Minister for Justice how many people nationally are on a waiting list for renewal of their Irish residence permit (formerly GNIB); if the Department considers this a delay; and if she will make a statement on the matter. [7928/24]

Amharc ar fhreagra

Freagraí scríofa

The Registration Office, which is part of Immigration Service Delivery in Burgh Quay, is responsible for first time registrations and the renewal of immigration permissions for customers residing in the Dublin area only.

Appointments for first-time registration are booked via a dedicated appointments service and are normally available within 1 week, depending on seasonal demands. There is no waiting list involved. Applications for renewal of permissions are now being processed for those submitted in the week commencing 29 January 2024. This processing date is advertised on the Immigration Service Delivery website and regularly updated.

The Garda National Immigration Bureau (GNIB) has responsibility for the first time registration and renewal of Irish immigration residence permissions for persons residing outside of the Dublin area. The responsibility rests with local Superintendents or the relevant Detective Superintendent. The deployment of Gardaí in this regard is an operational matter for the Garda authorities.

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 factors.

I am advised by an Garda Síochána that the requested information is not readily available and would require a disproportionate amount of Garda time and resources to compile.

It should be noted that all applications for renewal of residence permission in the State, including when changing stamp category, are accepted up to 12 weeks prior to expiry to allow sufficient time for processing.

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. A roadmap is being developed to plan for the future transfer of work relating to the nationwide registration and renewal of residence permissions (outside of Dublin) from An Garda Síochána to the Immigration Service Delivery in my Department.

Citizenship Applications

Ceisteanna (434, 440)

Jim O'Callaghan

Ceist:

434. Deputy Jim O'Callaghan asked the Minister for Justice how many citizenship applications were submitted in the period from 1 January to 31 March 2022, and how many of these applications are still awaiting decisions; and if she will make a statement on the matter. [8035/24]

Amharc ar fhreagra

Cian O'Callaghan

Ceist:

440. Deputy Cian O'Callaghan asked the Minister for Justice how many applications for citizenship were submitted between January 2022-March 2022 inclusive; how many of these applications are still pending decisions for this period; has the Department engaged with applicants who are waiting on a decision from this time period; whether the Department provides reasons for the extended delay when issuing their decision; and if she will make a statement on the matter. [8082/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 434 and 440 together.

I can advise the Deputy, that there were 3,729 naturalisation applications received between 01/01/22 & 31/03/2022. Of these, 2,267 have received a final decision on their application.

There are a further 339 applications where a decision has been reached but the Certificate fee and further documentation are awaited, and there are 32 applications at final decision stage.

Finally, 1,091 applications remain in progress at various stages in the naturalisation process. Of these applications; information from 483 applicants is awaited before they can proceed.

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.

I can advise the Deputy that the Citizenship Division of my Department continues to communicate regularly with all applicants to keep them informed as to updates on processing times and arrangements.

Prison Service

Ceisteanna (435)

Matt Carthy

Ceist:

435. Deputy Matt Carthy asked the Minister for Justice the number of male prisoners and number of female prisoners at each prison and the number therein that are serving sentences of 0-3months, 3-6 months, 6 months - 1 year, 1-2 years, 2-3 years, 3-4 years, 4-5 years, 5-10 years, 10-15 years, 15-20 years and over 20 years, in tabular form; and if she will make a statement on the matter. [8057/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware the Irish Prison Service does not have the option of refusing committals and must accept all people committed by the Courts Service.

I can advise the Deputy that the Irish Prison Service and my Department are committed to providing safe and secure custody for all people committed to prison while ensuring a safe working environment for staff. Officials in the Irish Prison Service and the Department are continuously working to identify short, medium and longer term proposals to help manage the current capacity issues in our prisons.

I am advised by my officials in the Irish Prison Service that the number of individuals in prison by gender and length of sentence is taken from the most recent snapshot of the prison population conducted on 31 January 2024 and is outlined in the table below. As the Deputy will be aware there are only two female prisons - the female prison in Limerick and Mountjoy female prison (the Dochas), however to be of assistance data for all the prisons has been provided.

Sentenced Prisoners in Custody on 31st January 2024, broken down by establishment and sentence length

<3 Mths

3 to <6 Mths

6 to <12 Mths

1 to <2 *Yrs

2 to <3 *Yrs

3 to <5 *Yrs

5 to <10 *Yrs

10+ *Yrs

Life Sentence

Total

Arbour Hill Prison

3

6

27

38

34

28

136

Castlerea Prison

5

9

25

49

36

65

68

8

27

292

Cloverhill Remand Prison

2

19

17

7

8

3

1

1

58

Cork Prison

2

20

45

47

28

41

23

3

12

221

Limerick Prison (Female)

1

5

8

18

6

6

3

1

4

52

Limerick Prison (Male)

6

17

29

33

45

54

39

4

12

239

Loughan House Place Of Detn.

3

33

44

40

13

133

Midlands Prison

3

25

54

106

91

165

204

129

73

850

Mountjoy Prison (Female)

2

2

24

29

15

15

12

2

7

108

Mountjoy Prison (Male)

9

31

48

100

112

182

185

40

74

781

Portlaoise Prison

12

21

21

47

51

28

31

211

Shelton Abbey Place Of Detn.

4

11

34

29

3

23

104

Training Unit Place Of Detn.

7

7

18

32

28

6

98

Wheatfield Prison

2

15

31

48

59

123

135

23

67

503

Grand Total

32

143

293

475

470

829

862

304

378

3786

The Deputy may also wish to be aware that the Irish Prison Service publishes figures in relation to prisoner population on their website www.irishprisons.ie.

Immigration Policy

Ceisteanna (436)

Jim O'Callaghan

Ceist:

436. Deputy Jim O'Callaghan asked the Minister for Justice whether she intends to expand the safe country list in the short term again; and if she will make a statement on the matter. [8066/24]

Amharc ar fhreagra

Freagraí scríofa

Under section 72 of the International Protection Act 2015 the Minister for Justice may make an order designating a country as a safe country of origin. A country may only be designated as a safe country of origin where satisfied that, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there:

• is generally and consistently no persecution;

• no torture or inhuman or degrading treatment or punishment; and

• no threat by reason of indiscriminate violence in situations of international or internal armed conflict. In making the assessment, it must be taken into account, among other things, the extent to which protection is provided against persecution or mistreatment by:

• The relevant laws and regulations of the country and the manner in which they are applied.

• The observance of the rights and freedoms laid down in specified European and International Conventions.

• Respect for the principle of non-refoulement in accordance with the Geneva Convention.•

Provision for a system of effective remedies against violation of those rights and freedoms.

The assessment is based on a range of sources of information, including from other EU Member States, the European Union Agency for Asylum (EUAA), the UN High Commissioner for Refugees, the Council of Europe and other international organisations as appropriate.

If an applicant for international protection is from a country designated as a safe country of origin, their application will still receive a full consideration on its merits by the International Protection Office.

Following a comprehensive review in accordance with the requirements of section 72, Botswana and Algeria were added to the schedule of designated countries under S.I. No. 32/2024 - International Protection Act 2015 (Safe Countries of Origin) (Amendment) Order 2024 on the 31st of January 2024 as I was satisfied that they met the criteria.

In accordance with the Act I shall keep the situation in the designated countries under review and consider the need to review the overall list as appropriate.

International Protection

Ceisteanna (437)

Jim O'Callaghan

Ceist:

437. Deputy Jim O'Callaghan asked the Minister for Justice if she or her Department are concerned about the number of IPAS applicants arriving to Dublin via Belfast; what actions she is taking on same; and if she will make a statement on the matter. [8067/24]

Amharc ar fhreagra

Freagraí scríofa

The State is required to examine the application of anyone who presents at the borders of the State, or is in the State, and indicates that they wish to make an application for international protection. This is in accordance with our obligations under international and EU asylum law.

As the Deputy is aware, there are no physical border controls on the land border between Ireland and Northern Ireland. It is the case that maintaining an open border was a key priority for the Government during Brexit negotiations. Alongside the many thousands of people who benefit from that freedom of movement on a daily basis it has always been the case that a minority have done so for irregular purposes, in both directions.

There is ongoing cooperation with the UK on both immigration and law enforcement matters. The Common Travel Area Forum (CTAF), established in 2011, acts as a steering committee for the ongoing work of protecting the CTA in relation to free movement of its citizens between both countries while at the same time ensuring that the CTA is not abused by those not entitled to avail of it. The Forum meets twice yearly but also meets in sub-group format to address particular elements of Ireland/UK co-operation, bringing together relevant subject matter expertise in various areas.

There is also very good co-operation at operational level between the Irish Border Management Unit (BMU), Garda National immigration Bureau (GNIB) and colleagues in the UK Border Force and Immigration Enforcement. This includes a number of ongoing operations, in co-operation with the UK, tackling abuses of the CTA by identifying illegal secondary movement patterns within the CTA and taking effective actions to disrupt abuse of those routes.

For security reasons and to protect the integrity of the immigration system, the Department does not comment on the specifics of these operations.

Residency Permits

Ceisteanna (438)

Marc Ó Cathasaigh

Ceist:

438. Deputy Marc Ó Cathasaigh asked the Minister for Justice for an update on a residence permit renewal application (details supplied); and if she will make a statement on the matter. [8079/24]

Amharc ar fhreagra

Freagraí scríofa

An application for a Spouse of Irish National (SOIN) permission was received from the person referred to by the Deputy on 31 January 2024.

In order to be fair to all applicants, applications are dealt with in chronological order. My Department endeavours to process applications as quickly as possible. However, processing times may vary due to a number of factors, such as the number of applications on hand, individual circumstances, the complexity of applications, whether further information is required, and the resources available.

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 IMoireachtasmail@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 cases where the response is, in the Deputy's view, inadequate or too long awaited.

Naturalisation Applications

Ceisteanna (439)

Marc Ó Cathasaigh

Ceist:

439. Deputy Marc Ó Cathasaigh asked the Minister for Justice for an update on a naturalisation certificate application (details supplied); and if she will make a statement on the matter. [8080/24]

Amharc ar fhreagra

Freagraí scríofa

The person referred to by the Deputy received their naturalisation certificate on 8 June 2007.

Citizenship Division of my Department has not received any recent correspondence from the person concerned.

Question No. 440 answered with Question No. 434.

Referendum Campaigns

Ceisteanna (441)

Carol Nolan

Ceist:

441. Deputy Carol Nolan asked the Minister for Justice further to Parliamentary Question No. 255 of 14 February 2024, if her Department in undertaking checks to ensure that spending is not used on activities outside that specified within the relevant grant agreement has uncovered any breaches of this condition since 2017; and if she will make a statement on the matter. [8112/24]

Amharc ar fhreagra

Freagraí scríofa

As set out in my response to Parliamentary Question 255 dated February 14, 2024, all recipients of grants from my Department, including Non Government Organisations (NGOs) are bound by a signed grant agreement which specifies the purpose of the grant. These grants do not provide funding for NGOs to campaign in referenda.

The Department undertakes a number of checks to ensure that spending is not used on activities outside that specified within the relevant grant agreement. I am informed that, since 2017, my Department has not identified any specific case or circumstance where grant funding has been used to campaign or promote a position in a referendum.

Hedge Cutting

Ceisteanna (442)

Seán Canney

Ceist:

442. Deputy Seán Canney asked the Minister for Agriculture, Food and the Marine if he will extend the time for the planting of whitethorn hedging until net planting season due to the current state of groundwater on land and the scarcity of the hedging roots under the ACRES scheme; and if he will make a statement on the matter. [7407/24]

Amharc ar fhreagra

Freagraí scríofa

My Department is actively monitoring the situation as regards the deadline for the Planting of New Hedgerows under Tranche 1 of the Agri-Climate Rural Environment Scheme (ACRES). The requirement remains, as stated in the Scheme Specifications for that action, that the contracted length of the new hedgerow be planted by 31 March 2024.

As the Deputy may be aware in relation to the availability of hedging plants, my Department recently amended the requirements for this ACRES action to address supply issues following representation from stakeholders. The amendment, which relates to Whitethorn species only, removes the requirement for Irish Provenance and Irish Origin. My Department continues to monitor the supply situation and understands that planting material remains available and needs to be utilised.

My Department also understands that, while conditions are wet, active planting is taking place.

Agriculture Schemes

Ceisteanna (443)

Mattie McGrath

Ceist:

443. Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine when payments will be issued to a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [7414/24]

Amharc ar fhreagra

Freagraí scríofa

An application under the Basic Income Support for Sustainability (BISS) and associated area-based schemes was received by my Department from the above named applicants on 28th May 2023.

As part of the normal administrative checks an issue was identified with the structure of the Registered Farm Partnership that the applicants have applied under. This issue has been resolved in recent days and final checks are currently being carried out on this case with the intention of bringing it forward for payment in next week's payment run which is scheduled for February 22nd.

Two payments were certified for payment last year by the Regional Veterinary Office (RVO) in respect of animals removed under the On Farm Market Valuation Scheme. An issue arose because the herd was registered under the name of a partnership. My Department had been notified that one member of the partnership was deceased and a payment hold was applied to the partnership until the registration of the herd was updated to ensure that any money owed was issued to the rightful owner(s). The herd registration was updated to the named herdowner on 3rd January 2024. My officials are working to resolve the linkage of the payment to the Partnership and expect payment to release to the named herdowner in the coming days.

Agriculture Schemes

Ceisteanna (444)

Brendan Griffin

Ceist:

444. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when an ECO payment will issue to a person in County Kerry (details supplied); and if he will make a statement on the matter. [7430/24]

Amharc ar fhreagra

Freagraí scríofa

My Departments Eco-Scheme section have processed over 95% of the 122,289 applications received in 2023 with payments of over €297 million having issued already. Validations and compliance checks on the remaining 5% of applications are ongoing and payment including on the specific case raised by the Deputy will issue shortly. Staff in my Department will contact the person named in relation to their payment.

Fisheries Protection

Ceisteanna (445)

Brendan Griffin

Ceist:

445. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine for action on a matter (details supplied); and if he will make a statement on the matter. [7435/24]

Amharc ar fhreagra

Freagraí scríofa

The Common Fisheries Policy (CFP) is a set of rules for managing European fishing fleets and for conserving fish stocks. Under this policy, EU fishing fleets are given equal access to EU waters and fishing grounds subject to allocated fish quotas. Fishing vessels, irrespective of size, must comply with the rules of the CFP, including rules on access and catch limits/quota.

In relation to access to Irish coastal waters, all foreign fishing vessels, on the north-west coast, are excluded from Ireland's 12 mile fishing zone, other than for transit purposes. All foreign pelagic fishing vessels are also precluded from fishing in Ireland's 12 mile fishing zone on the west coast. Irish fishing vessels greater than or equal to 36.58m (120 feet) in length are also precluded from fishing in Ireland's 12 mile zone.

Ireland's control authorities, the Sea Fisheries Protection Authority (SFPA) and the Naval Service, are responsible for the monitoring and control of fishing vessels, including large fishing vessels targeting pelagic stocks, in our Exclusive Fisheries Zone to ensure compliance with the rules of the CFP. Under the Sea Fisheries and Maritime Jurisdiction Act 2006, all operational issues of this nature concerning sea-fisheries control are, as a matter of law, exclusively for the SFPA and the Naval Service and I am expressly precluded from getting involved in operational matters.

Departmental Expenditure

Ceisteanna (446)

Seán Sherlock

Ceist:

446. Deputy Sean Sherlock asked the Minister for Agriculture, Food and the Marine the annual cost of running the forestry division of his Department including outsourced ecology each year since 2010, in tabular form; if he will provide a list of the area of afforestation planted in each of those years; and if he will make a statement on the matter. [7490/24]

Amharc ar fhreagra

Freagraí scríofa

As the information requested extends over a period of 13 years, all the data requested is not readily available. A response will therefore issue directly to the Deputy within 10 days.

Forestry Sector

Ceisteanna (447)

Seán Sherlock

Ceist:

447. Deputy Sean Sherlock asked the Minister for Agriculture, Food and the Marine if there are template reports that ecologists are waiting on from his Department in order to submit reports for afforestation applications in bird and bird foraging areas; when his Department will release the template reports format; and if he will make a statement on the matter. [7491/24]

Amharc ar fhreagra

Freagraí scríofa

There are currently no template reports that ecologists are waiting on.

The guidance documentation in relation to applications falling within breeding wader hotspots, provides templates to guide the ecologist. These are available on the Departments website.

Where applications fall within the foraging distance of a SPA the guidance advises that a report is provided by the applicant describing the habitat suitability within the application area for foraging.

Training has been carried out outlining in what circumstances bird habitat related reports are required and the requirements of these reports.

Further training will be provided this year and where it is deemed that further guidance or report templates are required these will be made available.

In addition, my Department has recently established an Afforestation Technical Working Group, comprising Registered Foresters and my officials to assist in identifying any technical issues associated with the delivery of the Afforestation Scheme, to ensure standards are applied correctly, and to identify and prioritise training requirements.

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