Tuesday, 9 Apr 2024

Written Answers Nos. 827-850

Immigration Status

Ceisteanna (827)

Bernard Durkan

Ceist:

827. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date of a residency status application (details supplied); and if she will make a statement on the matter. [13737/24]

Freagraí scríofa

Minister for Justice

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

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

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.

In a little over two years the Citizenship Division of my Department has gone from processing around 12,000 applications a year to processing over 20,000 applications. This 66% increase in processing has been achieved through digitising and streamlining processes.

Finally, 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.

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.

Immigration Status

Ceisteanna (828)

Bernard Durkan

Ceist:

828. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date of a residency status application (details supplied); and if she will make a statement on the matter. [13738/24]

Freagraí scríofa

Minister for Justice

A request for further documentation was made to the person concerned on 28 March 2024. Once the Citizenship division of my Department has received these documents processing of the application can resume.

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

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.

In a little over two years the Citizenship Division of my Department has gone from processing around 12,000 applications a year to processing over 20,000 applications. This 66% increase in processing has been achieved through digitising and streamlining processes.

Finally, 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.

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.

Citizenship Applications

Ceisteanna (829, 892)

Bernard Durkan

Ceist:

829. Deputy Bernard J. Durkan asked the Minister for Justice the number of applications received for citizenship in 2017, 2018, 2019 and 2020; the number of applications received in the same years that are still pending; the efforts being taken to address any backlogs arising from these years; and if she will make a statement on the matter. [13746/24]

Colm Burke

Ceist:

892. Deputy Colm Burke asked the Minister for Justice the number of Irish citizenship by naturalisation applications received by her Department for 2017, 2018, 2019, 2020, 2021, 2022 and 2023; the number of applications which have reached a decision for each of these years; the number of applications that are still processing for each of these years; and if she will make a statement on the matter. [14615/24]

Freagraí scríofa

Minister for Justice

I propose to take Questions Nos. 829 and 892 together.

I am deeply conscious of how important the granting of naturalisation is to all of those who apply for it. I understand that extended wait times can be frustrating and disruptive 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.  In certain cases, necessary information can be awaited from the applicant.

In a little over two years Citizenship Division has gone from processing around 12,000 applications a year to processing over 20,000 applications. This 66% increase in processing has been achieved through digitising and streamlining processes. 

I can assure the Deputy that the Citizenship Division of my Department is committed to reducing how long applicants have to wait for a decision while improving the service provided to applicants.

To help achieve this my Department held additional Citizenship Ceremonies last year (15 held in 2023, up from 6 in 2022) and will again this year to ensure it has the ability to naturalise as many applicants as possible.  

Of the 11,569 applications that remain outstanding for the years 2017 to 2022, some 1,763 (15%) have in fact received a decision and are at the final stage of the application process.  Those applications which are outstanding are in the main from 2022 to date.

Year	Applications received	Applications outstanding
2017	11,777	172
2018	12,867	296
2019	12,280	396
2020	10,785	619
2021	11,974	2,059
2022	17,202	8,027
2023	21,755	17,435

Immigration Policy

Ceisteanna (830)

Duncan Smith

Ceist:

830. Deputy Duncan Smith asked the Minister for Justice if there are any proposals for citizenship to be given automatically to residents who live in Ireland for over 20 years; and if she will make a statement on the matter. [13758/24]

Freagraí scríofa

Minister for Justice

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.

Applicants are required to have 5 years reckonable residence in the State prior to making an application, except for spouses of Irish nationals and people granted International Protection where the requirement is 3 years. In all cases, the final 12 months must be continuous residence in the State with up to 70 days allowed to facilitate foreign travel for business family or holiday purposes.

It is open to anyone to make an application for citizenship once they meet the criteria as set out in the 1956 Act, as amended. Once an application is received, a determination on whether the applicant satisfies the statutory criteria for naturalisation will be made.  There are no plans to amend the legislation along the lines suggested by the Deputy.

Detailed information on how to apply for naturalisation is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.

Asylum Applications

Ceisteanna (831)

Carol Nolan

Ceist:

831. Deputy Carol Nolan asked the Minister for Justice the numbers who have applied for asylum in each month from January 2019 to date; and if she will make a statement on the matter. [13766/24]

Freagraí scríofa

Minister for Justice

I can confirm that my Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times. 

Making sure that applications are processed quickly means those who need our protection are given the opportunity to re-build their life in Ireland in a timely manner. It also means that those who do not qualify, return to their country of origin. 

My Department have taken a significant number of measures to increase the capacity of the international protection system.

In November 2022, I introduced an accelerated procedure for international protection applicants from designated safe countries of origin. These applicants now typically receive a first instance decision in less than three months, a significant reduction from a norm of 22 to 26 months in recent years. For the year up to 31 January 2024 the number of applications from safe countries has reduced by more than 50% compared to previous 12 month period.

In July 2023, I published a report on the international protection modernisation programme for 2023 and 2024. This programme involved unparalleled investment in staff, panel members, re-engineered processes, and technology. We have implemented measures to improve efficiencies and throughput as well as enhancing the application, interview and decision-making process for applicants.

One of the priority areas of focus has been to recruit both civil servants and panel members, to increase case processing. The International Protection Office now has over 400 staff, an increase of 95% over 2022. The IPO made 2,482 first instance determinations in 2021, 4323 in 2022, 9,000 in 2023 and are confident of delivering over 14,000 decisions this year.

These reforms and increased staff numbers are having a significant impact with the median processing time for all first-instance decisions reducing from 18 months in 2022 down to 13 months in 2023.  The median processing time for appeals was 5.5 months in 2023 down from 13.5 months at the start of 2022.

Reforms to the international protection process will continue in 2024. Approximately €34m additional funding was allocated in Budget 2024 to the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) to continue to scale up processing.  These measures, and all other aspects of the international protection modernisation programme will continue to be kept under review and improved on a continuous ongoing basis.  

The table below shows the numbers of applications for asylum received monthly from January 2019 to 31 March 2024.  

The increasing numbers of protection applications seen below highlight the importance of the EU Asylum and Migration Pact for Ireland. I recently secured Cabinet approval to seek the necessary approvals from the Houses of the Oireachtas to opt-in to the Pact.

The overall objectives of the Pact is to create a fair, sustainable and efficient asylum procedure in ordinary times as well as in times of migratory pressure and crisis situations.

It will harmonise asylum procedures across the EU, and speed up the processing of asylum applications so that people in need of our protection get it quickly and those who don’t are returned to their country of origin efficiently.

Applications received by month

Year	Jan	Feb	Mar	April	May	June	July	August	Sept	Oct	Nov	Dec	Total
2019	411	344	368	344	385	384	445	415	667	436	289	294	4782
2020	306	246	177	30	16	41	107	118	173	128	64	160	1,566
2021	138	91	138	113	132	115	156	262	332	329	387	455	2,648
2022	391	750	1,032	1,172	1,543	1,603	1,265	1,130	1,060	1,189	1,313	1,197	13,645
2023	1,304	831	858	633	941	901	1,028	1,158	1,248	1,481	1,463	1,426	13,272
2024*	1,773	1,569	1,821										5,163

*To 31 March 2024.

*Please note, figures are correct at time of issue, however, all statistics may be subject to data cleansing.

International Protection

Ceisteanna (832)

Carol Nolan

Ceist:

832. Deputy Carol Nolan asked the Minister for Justice the total number of Ukrainian citizens who have been welcomed to Ireland since the beginning of the Russian invasion of their country, and the number who are known to have subsequently left the State; and if she will make a statement on the matter. [13767/24]

Freagraí scríofa

Minister for Justice

I can advise the Deputy that as of Sunday 31 March 2024 the total number of people granted temporary protection is 105,771.

I can also confirm that 104,670 (99%) were Ukrainian nationals.

Of them, my Department has been notified of 1,508 who have voluntarily withdrawn their temporary protection in the State.

My Department records those who have applied and been granted Temporary Protection and those who have formally withdrawn their Temporary Protection. Department records do not reflect the number of people who have left the country without formally notifying of their withdrawal of Temporary Protection.

Departmental Data

Ceisteanna (833)

Carol Nolan

Ceist:

833. Deputy Carol Nolan asked the Minister for Justice the total number of new citizens who have been naturalised from 2010 to date; to provide a breakdown by nationality of their birth; and if she will make a statement on the matter. [13769/24]

Freagraí scríofa

Minister for Justice

It has not been possible to collate the information requested by the Deputy in the time available. I will write to the Deputy directly once the information is to hand.

A referred reply was forwarded to the Deputy under Standing Order 51.

Departmental Data

Ceisteanna (834)

Peadar Tóibín

Ceist:

834. Deputy Peadar Tóibín asked the Minister for Justice the amount of money seized by the Criminal Assets Bureau in each of the past 15 years and to date in 2024. [13778/24]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware, the Criminal Assets Bureau (CAB) is a multi-agency statutory body established under the Criminal Assets Bureau Act 1996. 

The Bureau’s remit is to target a person's assets, wherever situated, which derive, or are suspected to derive, directly or indirectly, from criminal conduct.

Since its inception, the Bureau has been at the forefront of fighting organised crime in this jurisdiction and disrupting the activities of criminal gangs by depriving them of ill-gotten assets.

Under the Criminal Assets Bureau Act 1996, the Chief Bureau Officer is responsible for the administration and business of the Criminal Assets Bureau. Under the Act, the Chief Bureau Officer is responsible to the Commissioner of An Garda Síochána for these functions. As Minister for Justice, I have no direct role in these functions. However, I intend to publish legislation in the coming months to strengthen the powers of the Criminal Assets Bureau. The General Scheme of the Proceeds of Crime (Amendment) Bill 2024 has been approved by Government, and is currently subject to pre-legislative scrutiny by the Joint Oireachtas Committee on Justice. I look forward to progressing this Bill, which will enhance the current regime and allow confiscation to be effected more quickly.

I am advised by CAB that the table below outlines the monetary value of financial assets (money seized and monies frozen in financial institutions) seized by the Criminal Assets Bureau for the years 2012 – 2022. The Criminal Assets Bureau did not record monetary value by asset type prior to 2012. The figures for 2023 and 2024 have not yet been compiled and will be outlined in the CAB Annual Reports for 2023 and 2024 respectively.

Year	Cash Seized / Monies frozen in Financial Institutions
2008	N/A
2009	N/A
2010	N/A
2011	N/A
2012	1,192,520
2013	1,610,666
2014	6,219,682
2015	747,301
2016	1,603,067
2017	3,576,661
2018	6,018,832
2019	54,650,943.92
2020	1,430,739
2021	911,659
2022	3,218,391

The large increase in 2019 is due to the granting of a freezing order over cryptocurrency to the value of €53,023,140.

Departmental Data

Ceisteanna (835)

Peadar Tóibín

Ceist:

835. Deputy Peadar Tóibín asked the Minister for Justice the monetary value of assets seized by the Criminal Assets Bureau in each of the past 15 years and to date in 2024. [13779/24]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware, the Criminal Assets Bureau (CAB) is a multi-agency statutory body established under the Criminal Assets Bureau Act 1996. 

The Bureau’s remit is to target a person's assets, wherever situated, which derive, or are suspected to derive, directly or indirectly, from criminal conduct.

Since its inception, the Bureau has been at the forefront of fighting organised crime in this jurisdiction and disrupting the activities of criminal gangs by depriving them of ill-gotten assets.

Under the Criminal Assets Bureau Act 1996, the Chief Bureau Officer is responsible for the administration and business of the Criminal Assets Bureau. Under the Act, the Chief Bureau Officer is responsible to the Commissioner of An Garda Síochána for these functions. As Minister for Justice, I have no direct role in these functions.

I am advised by CAB that the table below outlines the monetary value of assets seized by the Criminal Assets Bureau for the years 2008 – 2022. The figures for 2023 and 2024 have not yet been compiled and will be outlined in the CAB Annual Reports for 2023 and 2024 respectively.   

Year	Section 2 Interim Orders EURO	Section 2 Interim Orders STERLING	Section 2 Interim Orders US DOLLARS
2008	5,022,050.89	4,860.00
2009	11,012,543.00	20,630.00	760,051.86
2010	7,019,475.88	63,535.00
2011	5,384,559.73	6,725.00
2012	2,110,334.78
2013	2,821,302.00
2014	6,760,182.00
2015	941,078.59
2016	643,063.07
2017	7,020,539.20
2018	8,263,582.30
2019	64,985,550.30
2020	5,814,206.00
2021	3,068,051.74
2022	5,184,599.00

The large increase in 2019 is due to the granting of a freezing order over cryptocurrency to the value of €53,023,140.

Departmental Data

Ceisteanna (836)

Peadar Tóibín

Ceist:

836. Deputy Peadar Tóibín asked the Minister for Justice the amount in monetary value returned to the Exchequer by the Criminal Assets Bureau in each of the past 15 years and to date in 2024. [13780/24]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware, the Criminal Assets Bureau (CAB) is a multi-agency statutory body established under the Criminal Assets Bureau Act 1996. 

The Bureau’s remit is to target a person's assets, wherever situated, which derive, or are suspected to derive, directly or indirectly, from criminal conduct.

Since its inception, the Bureau has been at the forefront of fighting organised crime in this jurisdiction and disrupting the activities of criminal gangs by depriving them of ill-gotten assets.

Under the Criminal Assets Bureau Act 1996, the Chief Bureau Officer is responsible for the administration and business of the Criminal Assets Bureau. Under the Act, the Chief Bureau Officer is responsible to the Commissioner of An Garda Síochána for these functions. As Minister for Justice, I have no direct role in these functions.

I am advised by CAB that the table below outlines the amount in monetary value returned to the Exchequer by CAB for the years 2008 to 2022. Figures for 2023 and 2024 will be made available on publication of the CAB Annual Reports for 2023 and 2024 respectively. 

Year	Section 4/4A (returned to Exchequer)
2008	€2,802,460.37
2009	€1,421,332.11
2010	3,114,312.59
2011	€2,734,715.22
2012	€4,850,540.17
2013	€1,038,680.52
2014	€467,152.37
2015	€1,642,962.29
2016	€1,412,920.41
2017	€1,698,721.08
2018	€2,271,799.92
2019	1,559,726.31
2020	€1,838,507.25
2021	€1,143,834.14
2022	€2,065,265.03

Domestic Violence

Ceisteanna (837)

Peadar Tóibín

Ceist:

837. Deputy Peadar Tóibín asked the Minister for Justice the number of times gardaí were called to the scene of a domestic violence incident in each county in each of the past ten years and to date in 2024, in tabular form. [13781/24]

Freagraí scríofa

Minister for Justice

Combating all forms of domestic, sexual and gender-based remains a priority for this Government, for the Department of Justice and for the Garda Commissioner.

'Zero Tolerance,' the Third National Strategy on Domestic, Sexual and Gender-based Violence (DSGBV), sets out an ambitious whole of government five-year programme of reform to achieve a society which does not accept DSGBV or the attitudes which underpin these crimes.

The Strategy, which was co-designed with the sector, also has a significant focus on improving the system for victims of these terrible crimes and on ensuring there is a full range of supports and services available nationwide to support and empower victims and survivors.

Building on the successes of previous awareness-raising campaigns, new initiatives on intimate image abuse, the importance of sexual consent in healthy relationships as well as on the support services - including domestic violence supports - which are available were developed and produced over the past 18 months.

Under Budget 2024, in excess of €7.9m in additional funding for combatting DSGBV has been allocated. This represents a significant increase and will support the implementation of the Zero Tolerance plan - including through the new DSGBV agency, Cuan, which has an overall budget of €59m for 2024.

This additional funding will support the implementation of the Zero Tolerance plan and will greatly assist Cuan in meeting the acute needs for services throughout the country. 

To strengthen our laws in this area and to encourage more victims to come forward, I have introduced legislation which creates new standalone offences of non-fatal strangulation and stalking.

The Criminal Justice (Miscellaneous Provisions) Act – which was signed into law by the President last July - also increases the maximum penalty for assault causing harm from five to ten years. This is one of the most commonly prosecuted domestic violence related offences, and this increased maximum penalty reflects the seriousness with which these crimes are taken.  

As the Deputy will be aware, I am also working to create a criminal justice system that better supports vulnerable victims. This is with a view to encouraging more victims to come forward and report what has happened, confident in the knowledge that the system will support and protect them.

As part of that work, there are now divisional protective service units (DPSUs) across the country with specially trained officers who will engage with, and support, vulnerable victims.

In response to the Deputy's query, An Garda Síochána have provided the results of a search of the PULSE database, which was conducted on 21/03/2024 to identify any incident where the incident type is one of:

- Breach of Interim Barring Order

- Breach of Protection Order

- Breach of Barring Order

- Breach of Safety Order

- Domestic Dispute - No Offence Identified

- Breach of Emergency Barring Order

Or is of any incident type, but with a recorded motive of ‘Domestic Abuse’.

The attached table provides the outcome of that search broken down by Garda Division. 

Garda Division

Road Safety

Ceisteanna (838, 839)

Peadar Tóibín

Ceist:

838. Deputy Peadar Tóibín asked the Minister for Justice the number of speed checkpoints on Irish roads in each of the past ten years in each county in the State. [13782/24]

Peadar Tóibín

Ceist:

839. Deputy Peadar Tóibín asked the Minister for Justice the number of drink and drug driving check points in Irish roads in each of the past ten years in each county in the State. [13783/24]

Freagraí scríofa

Minister for Justice

I propose to take Questions Nos. 838 and 839 together.

I have requested the information sought by the Deputy from the Garda authorities. Unfortunately, the information was not received in time. I will contact the Deputy directly once the information is to hand.

Question No. 839 answered with Question No. 838.

An Garda Síochána

Ceisteanna (840)

Peadar Tóibín

Ceist:

840. Deputy Peadar Tóibín asked the Minister for Justice the total number of crimes reported to gardaí in each of the past ten years, in tabular form; and if a breakdown can be provided per county. [13784/24]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics.

The CSO produces these statistics using data recorded on An Garda Síochána’s PULSE system and makes regular releases in relation to various crime statistics. The most recent statistics were released on 20 December 2023, providing stats for Recorded Crime for Quarter 3 (Q3) 2023.

Figures in respect of criminal offences reported to Gardaí can be found on the CSO website at the following link:   data.cso.ie/table/CJQ06.

An Garda Síochána

Ceisteanna (841)

Peadar Tóibín

Ceist:

841. Deputy Peadar Tóibín asked the Minister for Justice the number of times gardaí were dispatched following 999 calls in each of the past ten years, and to date in 2024; and if a breakdown by county can be provided. [13785/24]

Freagraí scríofa

Minister for Justice

I am advised by the Garda authorities that GardaSAFE, the new computer aided dispatch system in the Garda Síochána, was rolled out incrementally across the organisation in 2023.  The last region, the Dublin Metropolitan Region, went live on GardaSAFE in late November 2023. 

The Garda authorities further advise that at this stage, the focus remains on the operational implementation of the system nationwide.  Whilst there are some reports available, these are focused on live operational aspects, for example for the Control Rooms to monitor call volumes. I am assured by the Garda authorities that over time, and as the amount of data available from GardaSAFE increases, there will be additional reports available within GardaSAFE itself, and also the ability to utilise the data for bespoke queries and analysis.

The Deputy will also be aware that in February, the Policing Authority published a report on the recommendations from an examination carried out by Mr Derek Penman on behalf of the Policing Authority in 2022. These recommendations were designed to improve the service the public receives when they call 999 for assistance. The report was very positive, and noted that the majority Mr Penman's recommendations have been implemented.

An Garda Síochána

Ceisteanna (842)

Peadar Tóibín

Ceist:

842. Deputy Peadar Tóibín asked the Minister for Justice the number of knives seized by gardaí in each of the past ten years, and to date in 2024; and if a breakdown can be provided per county. [13786/24]

Freagraí scríofa

Minister for Justice

It has not been possible to collate the information requested by the Deputy in the time available. I will write to the Deputy directly once the information is to hand.

Official Travel

Ceisteanna (843)

Peadar Tóibín

Ceist:

843. Deputy Peadar Tóibín asked the Minister for Justice the amount spent by her Department on travel and accommodation costs associated with Ministerial visits abroad to date in 2024, in tabular form. [13810/24]

Freagraí scríofa

Minister for Justice

It has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand.

Departmental Properties

Ceisteanna (844)

Peadar Tóibín

Ceist:

844. Deputy Peadar Tóibín asked the Minister for Justice the number of properties either owned or leased by her Department, which are currently vacant; the length of time the properties have been vacant for; and the location of the properties, in tabular form. [13828/24]

Freagraí scríofa

Minister for Justice

I can inform the Deputy that my Department owns two properties that are currently vacant - Thornton Hall in Kilsallaghan, Co. Dublin and Westview House in Cork City.

Westview House is under the Probation service and has been largely vacant since 2019 apart from some ad hoc use.  The farmhouse at Thornton Hall has been vacant since 2005.  The availability of both these properties has been notified to the local authorities and other agencies.    The Deputy will be aware that the site at Thornton Hall was purchased by the State in 2005 for a new prison development that did not proceed at the time. The site is a fully serviced green field site which remains available for development if required in the future. 

Property	Location	Length of time vacant
Westview House	Cork City	Since April 2019*
Thornton Hall	Killsallaghan Co. Dublin	Since 2005

*excluding ad hoc usage by the IPO to conduct remote interviews

Road Traffic Offences

Ceisteanna (845)

Michael Ring

Ceist:

845. Deputy Michael Ring asked the Minister for Justice if penalty points for speeding have been applied in specific circumstances in each of the past five years (details supplied); and if she will make a statement on the matter. [13838/24]

Freagraí scríofa

Minister for Justice

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

I am advised by the Garda authorities that Ministerial cars are registered to An Garda Síochána and are driven by Garda personnel.

I am informed that if a Ministerial car is detected by a speed camera in excess of the speed limit a Fixed Charge Notice (FCN) will issue to the Fleet Manager in Garda Headquarters. All Garda vehicles that are detected speeding by safety cameras will receive a FCN addressed to the Fleet Manager.

All Garda members, including Garda drivers, can apply for an exemption under section 87 of the Road Traffic Act when they are using a vehicle in the course of their duties.

For further context, I can inform the Deputy that there is no mechanism for identifying an FCN specific to the Garda Ministerial Pool as all cancellations seeking an exemption under the provisions of section 87 of the Road Traffic Act 2010 are processed under category “C” cancellations.

For the Deputy’s information, the following is required for a statutory exemption to be considered under section 87 of the Road Traffic Act 2010:

• FCN cancellation request form completed by the driver, the district officer for the location where the alleged offence occurred, and the driver’s local district officer;

• A copy of the FCN;

• The nomination section of the FCN completed with the drivers name, c/o their Garda Station and signed by the driver's Superintendent.

I am informed by the Garda authorities that section 87 applications are predominately paper based and that a manual trawl of all category “C” applications would be required to identify FCNs relating to Ministerial vehicles. I am also informed that such a trawl would involve a significant number of paper files. 

As such, I am advised that provision of the requested information would require the allocation of a significant amount of time and resources, which would negatively impact the ongoing work of the Garda National Roads Policing Bureau (GNRPB).

While the precise data sought is not readily available, I would also like to remind the Deputy that there is a robust governance protocol in place to oversee applications made under section 87 of the Road Traffic Act. This includes the review of all category “C” cancellations by a Superintendent from the GNRPB and authorised for cancellation if specific criteria are met.

The governance also includes the independent review and monitoring of the cancellation of FCPS notices by Judge Matthew Deery. This is done with a view to ensuring compliance with Garda policy on the cancellation of FCPS notices. Judge Deery was appointed as the sole Independent Oversight Authority for the Garda Fixed Charge Processing System (FCPS) Cancellation Policy in January 2015.

The appointment followed a recommendation contained in the Garda Professional Standards Unit (GPSU) report entitled ‘Examination of the Procedures, Policy and Decision-Making Processes in relation to Cancellations on the Fixed Charge Processing System of Road Traffic-related Offences’.

In his latest report Judge Deery continues to note satisfaction that there has been substantial compliance with the Fixed Charge Processing System Policy and Procedures Manual.

International Protection

Ceisteanna (846)

Louise O'Reilly

Ceist:

846. Deputy Louise O'Reilly asked the Minister for Justice if she is aware of the case of a person (details supplied); and if consideration will be given to their request for a decision. [13958/24]

Freagraí scríofa

Minister for Justice

I can advise the Deputy that Afghan nationals are visa required and must have a valid Irish visa before they seek to enter the State. Any visa required national that wishes to enter the State, and remain, for up to 90 days must have a Type C Short Stay Visa. A visa required national that wishes to reside in the State for longer than 90 days must have a Type D Long Stay Visa.

Any person that wishes to make a visa application must do so online at: www.visas.inis.gov.ie/avats/OnlineHome.aspx.

Based on the information supplied, it has unfortunately not been possible to locate any application for the person referred to.

If more information can be provided I would be happy to re-examine your request. 

It is important to say that all current immigration avenues remain open for new applications, including visa and family reunification applications.

Ireland supports the entry of migrants through legal pathways, to facilitate legal migration into the State. These include arrangements for various categories of persons, including; workers, business persons and international students.

Details of these legal pathways can be found on the Immigration Service website at the following link: www.irishimmigration.ie/.

Visa Applications

Ceisteanna (847)

Cathal Crowe

Ceist:

847. Deputy Cathal Crowe asked the Minister for Justice if she will ensure that the necessary paperwork for an approved Irish visa (details supplied) is issued as soon as possible to allow the person in question to take up their job here; and if she will make a statement on the matter. [14020/24]

Freagraí scríofa

Minister for Justice

I can advise the Deputy that the application referred to was created on the 20 January 2024. Supporting documentation was received in the New Delhi office on the 14 February 2024 where it awaits examination and processing.

It is not possible to give a definitive date as to when this application will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available.

The applicant will be notified as soon as a decision has been reached by a Visa Officer.

Processing times and decisions at the Overseas Visa Offices can be checked at the following link: www.irishimmigration.ie/visa-decisions/#decisions

It should also be noted that the granting of a work permit by the Department of Enterprise, Trade and Employment (DETE) has no bearing on whether a visa will be subsequently granted. There are two very distinct application processes with different checks and procedures in place in each respective Department.

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 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.

Immigration Policy

Ceisteanna (848)

Marian Harkin

Ceist:

848. Deputy Marian Harkin asked the Minister for Justice the visa requirements for a non-EU/EEA citizen who wishes to work in Ireland (details supplied); and if she will make a statement on the matter. [14039/24]

Freagraí scríofa

Minister for Justice

I can advise the deputy that US nationals are not visa required and may seek to enter and reside in the State on visitors conditions for up to 90 days.

Based on the information supplied by the Deputy, it is not possible to definitively state the type of application that should be made.

A non-visa-required national, such as a US national, does not need a visa or pre-clearance in order to travel to Ireland with their Irish spouse.

If the US national is a De Facto partner they should submit an application for a De Facto (unmarried) Partner of Irish National. Further details on how to make such an application are available on my Department's website at:

www.irishimmigration.ie/coming-to-join-family-in-ireland/joining-an-irish-national/de-facto-partner-of-an-irish-national/.

In this case they should apply before they travel to Ireland and must remain outside the State while their application is processed. The application must be made from the person’s home country or a country where they are a legal resident. Proof of residence outside the State may be requested.

A pre-clearance letter does not give the holder a right to enter the State. Entry into the State, for both visa required and non-visa required nationals, is solely at the discretion of the Immigration Officer at the port of entry. The onus is on the individual to have all documentation relating to their reasons for entering Ireland for presentation to the Immigration Officer to gain entry. The Immigration Officer may grant leave to enter to a maximum period of three months. They may, depending on the documentation, the reasons for seeking entry to the State and/or a person’s previous Immigration history, refuse entry to the State or grant permission for a period of less than 3 months.

Persons looking to reside in the State, should prepare documentary evidence of private health insurance, along with details of finances to show how they will be able to maintain themselves, or be maintained, whilst in the State.

Any non EU/EEA nationals who wish to remain for longer than 90 days must register with their local immigration office and apply for further permission to remain before their initial permission to remain expires. Full details of the Registration process can be found at the link below:

www.irishimmigration.ie/registering-your-immigration-permission/how-to-register-your-immigration-permission-for-the-first-time/requirements-and-documents-needed/.

Any person granted De Facto or Spouse of Irish National (SOIN) permission would be given a Stamp 4. They can take up employment and are not required to hold an Employment Permit. They can work in any profession, subject to conditions of the relevant professional or other bodies.

Domestic Violence

Ceisteanna (849)

Carol Nolan

Ceist:

849. Deputy Carol Nolan asked the Minister for Justice if her Department or a body under the aegis of her Department has data available on the number of people charged or convicted under the provisions of section 38 of the Domestic Violence Act 2018 (details supplied) from 2019 to date; and if she will make a statement on the matter. [14067/24]

Freagraí scríofa

Minister for Justice

As the Deputy will be aware, the Garda Commissioner is responsible for the management of An Garda Síochána, and all Garda operations, including the recording of charges. 

In relation to the recording of convictions, the Deputy will also be aware that management of the courts, including operational matters and logistical functions, are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.

The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: [e-mail]

To be of assistance, I have contacted both agencies on the Deputy's behalf.

A search of the PULSE database was conducted on 26 March 2024 to identify any valid charges or summons created to date which referenced section 38 of the Domestic Violence Act 2018, however none were identified.

Separately the Court Service has no prosecutions recorded for offences that have been coded under section 38 of the Domestic Violence Act 2018.

By way of further clarification, the Court Service can only provide data in relation to where offence codes provided on the system were used by prosecutors. 

Prosecutors may have used un-coded free text offences, for which it is not possible to provide statistics.

Domestic Violence

Ceisteanna (850)

Carol Nolan

Ceist:

850. Deputy Carol Nolan asked the Minister for Justice to provide an update on the work her Department has undertaken to develop policy proposals or evaluations of the effectiveness of domestic violence disclosure schemes in reducing the incidents of domestic and family violence or improving perpetrator accountability; and if she will make a statement on the matter. [14068/24]

Freagraí scríofa

Minister for Justice

Combatting domestic, sexual and gender-based violence remains an absolute priority for this Government, for my Department and for An Garda Síochána and I am committed to strengthening our legislation and to ensuring we have the most appropriate processes and procedures in place to do this.

I am also very conscious of how harmful the consequences of this type of crime can be for victims and I am continuing to work to make sure that victims and survivors of these terrible crimes have access to the full range of supports and services they need and to ensuring that we have a criminal justice system that supports them. 

Reforming our criminal justice system to make it more victim centred criminal justice system was the focus of our work to implement the recommendation of the O'Malley review as set out in Supporting A Victims Journey and now our Zero Tolerance Strategy to combat Domestic, Sexual and Gender-based Violence (DSGBV), builds on the reforms already introduced.

Under our Zero Tolerance Strategy we have enacted stronger legislation to combat DSGBV, including by introducing new standalone offences for stalking and for non-fatal strangulation and by doubling the maximum sentence for assault causing harm, a very common charge in domestic violence cases.

And I am progressing legislative provisions which will - 

- Strengthen the law on consent,

- Extend victim anonymity to further categories of victims,

- Repeal provisions for sentences to be delivered in public, and

- Make provision for legal representation for victims in certain cases

Central to delivering on the Zero Tolerance goal of the Third National Strategy was the establishment of Cuan, the statutory based domestic, sexual and gender-based violence agency which I was delighted to formally open in February of this year.

Cuan has a mandate to drive the implementation of the strategy across Government, bringing the expertise and focus required to tackle this complex social issue and it will work collaboratively with the NGO and DSGBV services sector to ensure that the best possible services are in place to meet the needs of victims and survivors.

In line with the commitment made in the third national strategy, my Department is looking at how the protective role of An Garda Síochána can be strengthened by putting in place a proactive policy whereby AGS will reach out to persons who are at serious risk in intimate relationships.

Officials in my Department are engaging with An Garda Síochána to address all of the practical and legal issues involved with a view to finalising policy proposals to present to me later this year.