Written Answers Nos. 471-490
471. Deputy Catherine Murphy asked the Minister for Justice if she will provide a schedule, by Garda division, of the number of checkpoints that were set up in 2022 and to date in 2023 (details supplied); and the number of breath tests and saliva tests conducted at these checkpoints. [30798/23]
View answerAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including for operational policing matters. 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 the table below sets out the yearly breakdown per Garda division of the number of Mandatory Intoxication Testing checkpoints carried out in 2022 and up to 22 June of this year.
|
- |
2022 |
2023 (up to 22/06/23) |
|
Cavan/Monaghan |
1684 |
731 |
|
Clare |
2472 |
892 |
|
Cork City |
3666 |
1604 |
|
Cork North |
3739 |
1451 |
|
Cork West |
4752 |
2565 |
|
D.M.R. Eastern |
327 |
173 |
|
D.M.R. North Central |
439 |
252 |
|
D.M.R. Northern |
561 |
269 |
|
D.M.R. South Central |
262 |
120 |
|
D.M.R. Southern |
690 |
279 |
|
D.M.R. Western |
346 |
196 |
|
Donegal |
2177 |
1096 |
|
Galway Div |
2564 |
1315 |
|
Kerry |
2545 |
1012 |
|
Kildare Div |
1727 |
772 |
|
Kilkenny/Carlow |
1433 |
837 |
|
Laois/Offaly |
1088 |
570 |
|
Limerick |
2244 |
906 |
|
Louth Div |
1016 |
696 |
|
Mayo/Roscommon/Longford |
3246 |
1668 |
|
Meath Div |
1242 |
459 |
|
Sligo/Leitrim |
2271 |
776 |
|
Tipperary |
3621 |
1483 |
|
Waterford Div |
2481 |
1117 |
|
Westmeath Div |
718 |
277 |
|
Wexford Div |
1277 |
670 |
|
Wicklow Div |
1365 |
950 |
|
49953 |
23136 |
I am further advised that the table below sets out the yearly breakdown per Garda division of the number of breath tests conducted at Mandatory Intoxication Testing Checkpoints in 2022 and up to June 22 of this year.
|
- |
2022 |
2023 (up to 22/06/23) |
|
Cavan/Monaghan |
2453 |
1019 |
|
Clare |
4051 |
1877 |
|
Cork City |
8596 |
3932 |
|
Cork North |
8295 |
3286 |
|
Cork West |
4597 |
2552 |
|
D.M.R. Eastern |
3034 |
1135 |
|
D.M.R. North Central |
2012 |
1367 |
|
D.M.R. Northern |
3536 |
2989 |
|
D.M.R. South Central |
2096 |
787 |
|
D.M.R. Southern |
7292 |
2913 |
|
D.M.R. Western |
2374 |
930 |
|
Donegal |
6703 |
3389 |
|
Galway Div |
4988 |
3172 |
|
Kerry |
6346 |
3029 |
|
Kildare Div |
12445 |
6121 |
|
Kilkenny/Carlow |
6752 |
3841 |
|
Laois/Offaly |
5088 |
2635 |
|
Limerick |
4719 |
1570 |
|
Louth Div |
5021 |
3396 |
|
Mayo/Roscommon/Longford |
9532 |
5104 |
|
Meath Div |
6592 |
2788 |
|
Sligo/Leitrim |
5084 |
2354 |
|
Tipperary |
6593 |
3220 |
|
Waterford Div |
7864 |
3905 |
|
Westmeath Div |
3742 |
1391 |
|
Wexford Div |
5400 |
2889 |
|
Wicklow Div |
4747 |
3409 |
|
149952 |
75000 |
Further to the above I am informed that below is a yearly breakdown per Garda division of the number of oral fluid tests conducted at Mandatory Intoxication Testing Checkpoints in 2022 and up to June 22 of this year.
|
- |
2022 |
2023 (up to 22/06/23) |
|
Cavan/Monaghan |
51 |
* |
|
Clare |
58 |
43 |
|
Cork City |
229 |
91 |
|
Cork North |
39 |
31 |
|
Cork West |
201 |
85 |
|
D.M.R. Eastern |
166 |
90 |
|
D.M.R. North Central |
85 |
28 |
|
D.M.R. Northern |
230 |
191 |
|
D.M.R. South Central |
114 |
107 |
|
D.M.R. Southern |
195 |
115 |
|
D.M.R. Western |
257 |
129 |
|
Donegal |
53 |
13 |
|
Galway Div |
11 |
23 |
|
Kerry |
79 |
41 |
|
Kildare Div |
205 |
96 |
|
Kilkenny/Carlow |
72 |
107 |
|
Laois/Offaly |
87 |
14 |
|
Limerick |
169 |
180 |
|
Louth Div |
91 |
111 |
|
Mayo/Roscommon/Longford |
81 |
53 |
|
Meath Div |
138 |
157 |
|
Sligo/Leitrim |
109 |
79 |
|
Tipperary |
67 |
76 |
|
Waterford Div |
107 |
* |
|
Westmeath Div |
118 |
128 |
|
Wexford Div |
71 |
19 |
|
Wicklow Div |
41 |
* |
|
3124 |
2040 |
* Figures less than 10 are not displayed and are denoted by '*' in the tables above. As the Deputy may already be aware, data is not released by An Garda Síochána for counts less than 10 for data protection reasons.
472. Deputy Fergus O'Dowd asked the Minister for Justice if she will respond to concerns and proposals from a person (details supplied) in respect of family reunification; and if she will make a statement on the matter. [30851/23]
View answerThe 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, which was last amended in 2016, is currently under review.
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. Separately, it open to spouses of General Employment Permit holders to apply for Employment permits in their own right and enter the State and work.
As a guideline, Category B sponsors such as those on General Employment Permits, 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.
My Department has no role in setting the minimum wages of non EEA Health Care assistants. The minimum wage is set by the Department of Enterprise Trade and Employment.
Insofar as the reference in the details supplied to language requirements are concerned, it is a long standing requirement that applicants for immigration authorisation in certain professions and certain third level courses must have an English language proficiency. Such language requirements are in place to ensure that applicants can demonstrate a sufficient level of understanding/communication to effectively perform their studies or duties. No such language proficiency requirements apply with respect to family reunification applications generally.
473. Deputy Brendan Griffin asked the Minister for Justice the total number of gardaí, by rank assigned to each respective Garda station in west Kerry, that is, Dingle, Annascaul, Castlegregory and Baile an Fheirtéaraigh; if any of the assigned gardaí at the respective stations are currently not available for duty; if the corresponding personnel numbers, including rank for June 2021 and June 2022 will be provided; if any vacant positions remain unfilled at these stations; and if she will make a statement on the matter. [30924/23]
View answerAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including for the recruitment, training and deployment of Garda members. As Minister, I have no role in these independent functions and am unable to seek to direct, or otherwise influence, the Commissioner in such matters.
I can however assure the Deputy that the Government is committed to building stronger, safer communities and a strengthened, well-resourced Garda Síochána is central to this policy. This commitment is demonstrated by the unprecedented provision of in excess of €2 billion to the Garda Vote this year, which is allowing for sustained and ongoing recruitment and investment in new equipment and new vehicles.
This level of funding provides for a steady pipeline of new Gardaí in the coming years, supporting the recruitment of up to 1,000 Gardaí and 400 additional Garda staff this year, with new recruits entering the Garda College approximately every 11 weeks.
I am assured that the Commissioner keeps the allocation of these resources under continued review, in line with crime and population trends, to ensure their optimum use.
The Garda authorities also advise that while members may be allocated to a particular station they may, for operational reasons, be deployed elsewhere. It is also not possible to determine the number of members that are unavailable for duty in a given station as this is an operational matter and not static - members may be unavailable for a variety of reasons including but not limited to annual/statutory leave, training, illness or Court attendance. Gaps in availability may also be covered by overtime undertaken by other available members.
I am informed that when consideration is given to the allocation and transfer of Garda members to and from any Division, account is given to commitments and undertakings outlined in the Annual Policing Plan and priorities as determined in delivering ‘A Policing Service for The Future’.
I understand that the requirements of all Garda Divisions nationwide are also taken into account, which include, but are not limited to:
• Local and national crime trends and workloads
• Policing arrangements and operational strategies
• Minimum establishment statistics
• Local population and trends, geographical area and size
• Transfer applications, including welfare, personnel issues and concerns
I also understand that local and senior Garda Management are consulted during the allocation of personnel and are responsible for the specific deployment and assignment of duties being undertaken at divisional level. The situation remains closely monitored by the Garda Senior Leadership Team, particularly in view of commitments to the continued roll-out of the operating model of policing at divisional level to ensure optimum use of all Garda Resources in providing the best possible Garda service to the community.
I am advised that An Garda Síochána does not hold authorised figures for unfilled posts at both Garda and Sergeant uniform ranks within divisions.
I am also advised that the tables in the attached document set out the number of Garda members assigned to Kerry division at end June 2021 and 2022 and at end May 2023, the latest date for which figures are available. Please note that this information is operational and may be subject to change.
For the Deputy's information, and in the interest of transparency, detailed statistics on Garda workforce numbers are published on gov.ie and are updated regularly by my Department from information provided by An Garda Síochána. The statistics can be accessed using the following link:
www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/
474. Deputy Robert Troy asked the Minister for Justice if she will commence publishing daily figures in relation to the number of asylum applications processed under headings such as, permission to remain, application rejected and the subsequent action that is, if deported or under appeal and so on; and if she will make a statement on the matter. [30925/23]
View answerMy Department has created a new website to provide a detailed overview of the International Protection process in Ireland which can be accessed at:
www.gov.ie/en/campaigns/304ba-international-protection/
This site also provides detailed statistics and metrics in relation to processing of applications for protection. These statistics will be published on a monthly basis.
www.gov.ie/en/collection/48a28-international-protection-in-numbers/
475. Deputy Catherine Connolly asked the Minister for Justice when a person (details supplied) will be issued a new recommendation from the International Protection Office following the settlement of their High Court proceedings in April 2023; and if she will make a statement on the matter. [30933/23]
View answerAs the Deputy may be aware, for reasons of maintaining full confidentiality, it is not my Department's practice to comment on whether an application for international protection has been made in the State. An applicant for such protection status, or their legal representative, should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate if they wish to receive an update on the status of their case.
The International Protection Office may be contacted: by email to info@ipo.gov.ie; by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.
The International Protection Appeals Tribunal may be contacted either: by email to info@protectionappeals.ie; by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.
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 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.
476. Deputy Aengus Ó Snodaigh asked the Minister for Justice the procedure in relation to early release (community return scheme) of a prisoner and if she has a role in deciding, signing off on all such releases under such a scheme; at what level in the Prison Service can such a Ministerial approval be overturned or not complied with; if she is aware of any such situations; and if she will make a statement on the matter. [30955/23]
View answer477. Deputy Aengus Ó Snodaigh asked the Minister for Justice if she aware of the case of a person (details supplied) serving a sentence in relation to the of possession of drugs in Shelton Abbey open prison, County Wicklow, due to be released following your approval on 12 June 2023 under the community return scheme to take up a voluntary position working with the SOLAS project in the Liberties two days later, only to have his release order rescinded on afternoon of due release for no explained reason; and if she will make a statement on the matter. [30956/23]
View answer484. Deputy Bríd Smith asked the Minister for Justice when a prisoner is due for a release under the community return scheme as a result of a Ministerial order; if such an order can be delayed or stopped by the intervention of a third party as appears to have happened in the case of a person (details supplied); and if she will make a statement on the matter. [31154/23]
View answerI propose to take Questions Nos. 476, 477 and 484 together.
As the Deputy will appreciate, I cannot comment on individual cases, however I can advise the Deputy that the Community Return Scheme is an incentivised early release scheme co-managed by the Irish Prison Service and the Probation Service whereby prisoners can be approved for reviewable temporary release coupled with a requirement to complete community service work in a supervised group setting under the supervision of the Probation Service.
Decisions regarding temporary release to take part in the Community Return Scheme are delegated to a designated senior officials employed in Irish Prison Service Headquarters.
The legislative basis for temporary release is set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003. All applications for temporary release are assessed on a case-by-case basis. It is important to note that the safety of the public is paramount when decisions on temporary release are being made.
Before a final determination is made a number of factors are taken into account including -
• the nature and gravity of the offence to which the sentence relates
• the sentence concerned and any recommendation made by the Court in relation to the sentence imposed
• the person's previous criminal record
• the potential threat to the safety and security of the public should the person be released
• the risk that the person might commit an offence during any period of temporary release
• the risk of the person failing to comply with any of the conditions of temporary release
Risk factors are assessed at each stage. At any stage of the assessment process for the scheme a prisoner may be deemed unsuitable to progress to the next stage in light of identified risk factors.
478. Deputy Gary Gannon asked the Minister for Justice how many holders of subsidiary protection declarations have had their subsidiary protection ceased in accordance with section 11 of the International Protection Act 2015 since the commencement of the act. [31050/23]
View answer479. Deputy Gary Gannon asked the Minister for Justice how many holders of the subsidiary protection declarations have had their subsidiary protection ceased in accordance with Regulation 18 of SI 426/2013 European Union (Subsidiary Protection) Regulations 2013 since the commencement of those regulations. [31051/23]
View answerI propose to take Questions Nos. 478 and 479 together.
The International Protection Act 2015, at section 11, provides the conditions under which a person issued with a subsidiary protection declaration can be deemed to have ceased to be eligible for that status.
I can advise the Deputy that there has been no cases where a person has had their subsidiary protection ceased due to the circumstances in their country of origin changing.
480. Deputy Gary Gannon asked the Minister for Justice when the Sexual Offences and Human Trafficking Bill 2022 will be brought before Dáil Éireann. [31052/23]
View answerAs part of delivering on the actions contained in the Zero Tolerance Strategy on domestic, sexual and gender-based violence, I will bring forward a number of significant pieces of legislation in the coming weeks and months.
This includes the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 which will update sexual offences legislation.
Provisions in the Bill will update the law relating to consent and will introduce a number of reforms which are in line with commitments in Supporting a Victim's Journey , the plan to help victims and vulnerable witnesses in sexual violence cases. These include provisions to ensure anonymity for victims and extend legal representation to further categories of victims.
I know there has been increased reporting of sexual violence over recent years and we are determined to ensure that our system supports every victim who takes the brave step to report.
The Bill will also put the National Referral Mechanism on a statutory footing to make it easier for victims of human trafficking to come forward, be identified, and facilitate their access to advice, accommodation and support.
Pre-legislative scrutiny was carried out on 6 December last and the report of the Committee was published on 8 March 2023. In line with Justice Plan 2023, I am committed to publishing the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 next month after which time a date will be sought for the Bill to be debated by the Oireachtas.
481. Deputy Sorca Clarke asked the Minister for Justice the number of Irish residence permit cards that were issued in 2022 and to date in 2023, in tabular form. [31098/23]
View answerAn Irish Residence Permit card ( IRP card ) is normally issued following the successful registration or renewal of an applicants immigration permission.
The below table details the number of IRP cards issued nationwide for the period January 2022 and to end of May 2023.
It should be noted that not all registrations result in the issuing of an IRP card, and some cards are issued more than once for various reasons, such as lost or stolen cards and an additional small number will issue for testing/sampling purposes.
The table below sets out the number of IRP cards issued in 2022 and to end May 2023.
|
Year |
Month |
Total |
|
2022 |
January |
10,905 |
|
2022 |
February |
19,734 |
|
2022 |
March |
18,808 |
|
2022 |
April |
13,427 |
|
2022 |
May |
15,645 |
|
2022 |
June |
19,432 |
|
2022 |
July |
19,372 |
|
2022 |
August |
23,036 |
|
2022 |
September |
23,614 |
|
2022 |
October |
23,760 |
|
2022 |
November |
25,804 |
|
2022 |
December |
22,521 |
|
2022 |
Total 2022 |
236,058 |
|
2023 |
January |
20,359 |
|
2023 |
February |
25,668 |
|
2023 |
March |
30,295 |
|
2023 |
April |
21,829 |
|
2023 |
May |
25,702 |
|
2023 |
Total to end May |
123,853 |
|
Total 2022 and 2023 to end May |
359,911 |
482. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the number of designated community gardaí in Carlow in 2023; and if she will make a statement on the matter. [31117/23]
View answerI want to emphasise that community policing is at the heart of An Garda Síochána, and that all Gardaí have a role to play in community policing in the course of carrying out their duties.
As the Deputy will be aware, the Garda Commissioner is by law responsible for the management of An Garda Síochána, including the distribution of Garda members between the different Garda units and Divisions. As Minister, I have no direct role in these matters.
The Government is committed to building stronger, safer communities and a strengthened, well-resourced Garda Síochána is central to this policy. Funding has been provided for up to 1,000 new Gardaí this year and we are seeing more Garda recruits enter Templemore every 11 weeks.
I am advised by the Garda authorities that a member of An Garda Síochána can be deemed to be a ‘Community Garda’ where that member is allocated to a Community Policing Team (CPT) and is responsible and accountable for applying a problem–solving approach to appropriate crime and policing quality of life issues in a specified geographic area through partnership and engagement. In some rural areas, the existing personnel will form CPTs. They will have dual functions as first responders and community policing members. Additionally, CPTs will be augmented by Community Support Gardaí who will perform frontline duties and will be assigned a particular Community Policing Area to support a dedicated Community Garda.
I am informed that each Division will have a number of CPTs assigned to it, consisting of an Inspector, Sergeant and Community Policing Gardaí. CPTs will prioritise engagement with communities for the delivery of long-term sustainable solutions to community needs.
I can inform the Deputy that at end May 2023, the latest date for which figures are available, there were 87 Community Gardaí assigned to Kilkenny/Carlow Division. The table below which has been provided to me by the Garda authorities breaks down these community Gardaí by station.
|
Kilkenny/Carlow Division |
Number of Community Gardaí |
|
Ballon |
1 |
|
Ballyhale |
1 |
|
Borris |
1 |
|
Callan |
2 |
|
Carlow |
3 |
|
Castlecomer |
5 |
|
Freshford |
1 |
|
Glenmore |
1 |
|
Goresbridge |
1 |
|
Graiguenamanagh |
4 |
|
Hacketstown |
1 |
|
Kilkenny |
10 |
|
Kilmoganny |
1 |
|
Mooncoin |
4 |
|
Muinebheag |
10 |
|
Mullinavat |
1 |
|
Myshall |
0 |
|
Piltown |
1 |
|
Rathvilly |
1 |
|
Stoneyford |
1 |
|
Thomastown |
26 |
|
Tullow |
8 |
|
Urlingford |
3 |
|
Total |
87 |
Community policing is fundamental to the new Garda Operating Model recommended by the Commission on the Future of Policing in Ireland and currently being rolled out under 'A Policing Service for Our Future', the Government's implementation plan for the Commission's recommendations.
The new Operating Model is currently being rolled out in all divisions and is fully commenced in six - Dublin South Central, Cork City, Kerry, Galway, Limerick and Mayo-Roscommon-Longford. For these divisions it means:
• Districts replaced with Community Engagement Functional Areas,
• Crime Functional Area established in each Division,
• All personnel aligned to a Functional Area, and
• Garda Stations aligned to Community Engagement Functional Areas.
However, community safety is not just about the number of Gardaí in communities. Community safety is a whole of Government responsibility and it requires a multi-agency approach.
The Policing, Security and Community Safety Bill will place statutory obligations on Departments and other public service bodies to cooperate with each other to improve community safety. It also establishes national structures to provide strategic direction and ensure that collaboration is working, and establishes Local Community Safety Partnerships (LCSPs), which will replace existing Joint Policing Committees.
483. Deputy Jennifer Murnane O'Connor asked the Minister for Justice if there are plans to extend funding for community CCTV in Tullow in order to sustain the valuable service; and if she will make a statement on the matter. [31118/23]
View answerAs the Deputy may be aware, since 2017, my Department has administered a grant aid scheme supporting groups wishing to establish a community-based CCTV system in their area.
The CCTV grant scheme was extended in 2019 to cover not only new CCTV systems but to also provide funding for the extension or upgrade of existing CCTV systems which are incomplete or obsolete. Applicants may now also seek a once-off grant of up to €5,000 for minor maintenance costs.
The Community-based CCTV scheme is currently governed by Section 38(3)(c) of the Garda Síochána Act 2005 (as amended), the Garda Síochána (CCTV) Order 2006 (SI 289 of 2006), GDPR and the Data Protection Act 2018.
This legal framework requires that any proposed community CCTV scheme must:
• be approved by the local Joint Policing Committee,
• have a data protection impact assessment prepared,
• have the prior support of the relevant local authority, which must act as a joint data controller with An Garda Síochána and a joint data controller agreement must be put in place,
• have the authorisation of the Garda Commissioner.
The Garda Síochána (Recording Devices) Bill 2022 will reform CCTV schemes. Under the Bill, community groups will be able to request schemes in their area.
It is envisaged the Local Community Safety Partnerships being established under the Policing, Security and Community Safety Bill, once rolled out nationwide, will be the appropriate avenue to do so, given that local residents, Local Authority staff, Councillors and members of An Garda Síochána will all be represented on the partnerships.
The Local Authorities will take the lead and make the applications going forward and have full responsibility for the implementation and managing the data protection aspects of having a scheme in place.
I can inform the Deputy that the current scheme is still open for applications and necessary funding is in place. In August of 2021 Tullow availed of a maintenance grant in relation to an existing CCTV system that was operational at the time.
I can also inform the Deputy that should Tullow wish to make an application for the extension or upgrade of an existing CCTV system they should liaise with the local Community Engagement Gardaí who can advise on the steps and process to obtain Garda Commissioner approval which is required before my Department can decide on funding.
485. Deputy Michael Ring asked the Minister for Justice how many people have entered Ireland without the valid documentation for the past five years, in tabular form; and if she will make a statement on the matter. [31194/23]
View answer486. Deputy Michael Ring asked the Minister for Justice how many people have tried to enter Ireland without the valid documentation for the past five years, in tabular form; how many of these people were not allowed entry in to the country; and if she will make a statement on the matter. [31195/23]
View answerI propose to take Questions Nos. 485 and 486 together.
The State has a duty to protect its borders and following examination, ensure that all arriving passengers are entitled to enter the State. This is a fundamental exercise of State sovereignty, which is necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is at all times subject to the law and to respect for individual rights.
The Border Management Unit of my Department is responsible for frontline Immigration at Dublin Airport only, as such the below figures reflect the position at Dublin Airport. Other ports of entry are the responsibility of the Garda National Immigration Bureau (GNIB).
Immigration officials conduct passport checks, and run operations as required, to ensure passengers arriving in the State are properly documented in accordance with Section 11 of the Immigration Act 2004.
When a person is refused leave to land at Dublin airport, the Immigration Officer will arrange for the person to be referred to the Garda National Immigration Bureau (GNIB) for removal from the state. The priority is to return them on the next available return flight to the last point of embarkation.
If a person indicates or is identified as being in need of international protection they are admitted to the international protection process. However, they will still be recorded as a refusal of leave to land.
The below table provides for the past 5 years in Dublin Airport the number of refusals and the number of which were undocumented. It should be noted Section 4(3) of the Immigration Act 2004 sets out the grounds under which a person may be refused entry to the State and these includes refusal reasons other than not being in possession of valid documentation. For example, a person may be refused entry where it is found that they intend to enter the State for purposes other than those expressed or that they intend to travel to Great Britain or Northern Ireland without qualifying for admission there.
|
Year |
Total Arriving Passengers |
Total Refusals |
Undocumented Arrivals |
|
2018 |
15,634,300 |
3999 |
895 |
|
2019 |
16,318,300 |
6151 |
1579 |
|
2020 |
3,636,256 |
2077 |
712 |
|
2021 |
4,118,027 |
3210 |
2082 |
|
2022 |
13,930,041 |
7662 |
4968 |
|
2023 YtD |
6,238,137 |
2,180 |
1,224 |
*2023 figure to the end May. May be subject to slight variance following data cleansing.
487. Deputy Michael Ring asked the Minister for Justice how many airlines have been prosecuted for allowing people in to the country without documentation for the past five years, in tabular form; and if she will make a statement on the matter. [31196/23]
View answerThe State has a duty to protect its borders and following examination, ensure that all arriving passengers are entitled to enter the State. This is a fundamental exercise of State sovereignty, which is necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is at all times subject to the law and to respect for individual rights.
The Border Management Unit (BMU) of my Department has responsibility for frontline immigration duties at Dublin Airport only. The issue of carrier liability fines is the responsibility of the Garda National Immigration Bureau (GNIB).
I have sought the information requested from the Garda Commissioner and I will write to the Deputy directly once the information is to hand.
488. Deputy Bernard J. Durkan asked the Minister for Justice if she will introduce any legislative provision to ensure that issues such as the presence of asbestos are disclosed during the course of a property sale. [31225/23]
View answerI am advised that the conveyancing system allows purchasers of second hand houses to enquire as to the nature, quality and condition of a property prior to purchase. Detailed written queries and replies about the property (‘Requisitions on Title’) are exchanged between the vendor’s solicitor and the purchaser’s solicitor before the sale is completed, and the vendor may be bound by their replies to those questions.
Obtaining appropriate professional and legal advice, including a structural survey, continues to form part of the due diligence that a person should undertake when considering the purchase of a property. Guidance on asbestos for homeowners and building contractors in relation to domestic dwellings can be obtained from the Health and Safety Authority's website at www.hsa.ie.
There are no plans at present for my Department to introduce or amend legislation in this area. I should underline that the evaluation of possible structural problems in properties for sale requires appropriate construction, health and safety, environmental and other specialist expertise. Legislative initiatives in these areas are, in the first instance, a matter for the Department with the relevant policy and technical expertise as appropriate to the nature of the circumstances in question.
489. Deputy Michael Creed asked the Minister for Justice if she will expedite an application lodged by a person (details supplied) in September 2022 for renewal of a stamp 4 visa by a person. [31245/23]
View answerImmigration officials of my Department have checked their records and advised that they cannot locate any applications for the person, details supplied by the Deputy.
However, if the Deputy can provide any additional information via my Department's Oireachtas mail facility, I will arrange for a further response to the Deputy.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
490. Deputy Michael Healy-Rae asked the Minister for Justice if she will provide an update with regard to the gambling regulations of 2022 (details supplied); and if she will make a statement on the matter. [31310/23]
View answerThe Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being. The Gambling Regulation Bill 2022 will cover gambling online and in person, and include powers to regulate advertising, gambling websites and apps.
The Bill was published and completed Second Stage in the Dáil in early December 2022 and my Department is currently preparing amendments to the Bill for Committee Stage, which is expected to take place before the summer recess.
The Bill sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na hÉireann, the Gambling Regulatory Authority of Ireland – and for a robust regulatory and licensing regime to regulate gambling in-person and online, and for the regulation of gambling advertising, websites and apps.
A key focus of the Bill is to protect children and vulnerable people from the harms associated with gambling. The Bill includes restrictions on gambling advertising and on sponsorship by gambling service providers.
In May 2022, the Joint Oireachtas Committee on Justice published its report of its pre legislative scrutiny of the General Scheme of the Bill and recommended the introduction of a pre-watershed ban on all forms of gambling advertising without exception. Consistent with that recommendation, section 141 of the Bill provides for a watershed prohibiting the broadcast of gambling advertising on television, radio and on audio-visual media services between the hours of 5:30am and 9:00pm, with a focus on protecting children from the widespread proliferation of gambling advertising across these forms of media.
In addition to the watershed provisions, the Bill provides for a wide-ranging power to allow the Authority to prescribe the times, place and events where gambling advertising can be broadcast, displayed or published, and allows the Authority to specify the frequency which advertising can be broadcast, the duration of advertisements, and the volume / amount of advertisements that can be shown. This power will allow the Authority to address the issue of gambling advertising on social media, online and on traditional media such as on television, radio, in publications and outdoor advertising such as billboards, etc.
Furthermore, the Bill prohibits persons from advertising, or causing another person to advertise, a relevant gambling activity on an on-demand audio-visual media service or by any other means of electronic communication (including on a video-sharing platform, a social media website, by telephone, text message or email) to another person, unless that person has consented to such advertising.
