Written Answers Nos. 314-331
314. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of a visa application in the case of a person (details supplied); and if he will make a statement on the matter. [5729/23]
View answerThe person referred to by the Deputy created on-line Family member of EU/EEA/Swiss citizen (spouse) visa application on 21 November 2022. The supporting documentation was received on 22 November 2022 in the Hague office. The application was then received in our Dublin Visa Office for further processing on 23 November 2022.
Processing of this application is ongoing at present. As each application is examined under it's own merits, we are unable to give an exact time-frame for completion. However, the applicant can be assured that there will be no avoidable delay in finalising their application and they will be notified as soon as a decision has been reached.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited. I can inform the Deputy that the Visa office Dublin is currently processing applications of this type received on the 27 October 2022. Applicants can keep up-to-date with the dates the Visa Office in Dublin are processing by checking the following page; which is updated weekly: www.irishimmigration.ie/visa-decisions/
315. Deputy Marian Harkin asked the Minister for Justice the number of Garda cars and motorcycles attached to Sligo-Leitrim roads policing unit as of 30 June 2021 and 10 January 2023, in tabular form. [5731/23]
View answerI can assure the Deputy that the Government is committed to ensuring An Garda Síochána has the resources it needs to deliver a modern, fit-for-purpose, policing service. Budget 2023 provides funding of €2.14 billion for An Garda Síochána, of which €10m has been allocated for investment in the Garda fleet.
As 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 the purchase, allocation, and effective and efficient use of Garda vehicles. As Minister, I have no role in such matters.
I am however assured that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.
The table below, provided to me by the Garda authorities, outlines the number of Garda cars and motorcycles attached to Sligo-Leitrim roads policing unit as of 30 June 2021 and 31 January 2023.
|
Cars |
Motorcycles |
Total |
|
|
30 June 2021 |
5 |
3 |
8 |
|
31 January 2023 |
6 |
3 |
9 |
The Deputy may also wish to be aware that An Garda Síochána publish information on Garda fleet on their website at:
www.garda.ie/en/about-us/our-departments/finance-services/finance-fleet-management.html
316. Deputy Bríd Smith asked the Minister for Justice further to Parliamentary Question No. 472 of 30 November 2021, if he will clarify when the review will be made available; and if he will make a statement on the matter. [5735/23]
View answerAs the Deputy will know, the Department of Justice contracted an independent expert to undertake the review of Part 4 of the Criminal Law (Sexual Offences) Act.
As part of the review, an online public consultation was opened and contributions were received from a broad range of organisations with different perspectives. The review will consider all aspects outlined in the Terms of Reference.
The review is being conducted independently of the Department and the independent report is not yet available, but I expect that my Department will receive it shortly.
Once received, any recommendations made will be considered as a priority.
317. Deputy Róisín Shortall asked the Minister for Justice if consideration is being given to banning the sale and importation of nitrous oxide canisters, commonly known as laughing gas, in view of its widespread use for recreational purposes by young people; and if he will make a statement on the matter. [5803/23]
View answer325. Deputy Paul Donnelly asked the Minister for Justice if there is a strategy to deal with the explosion of use of nitrous oxide, such as restricted sale of large cannisters, sale to minors, online sales and the restriction of sales to legitimate businesses, requiring warning labels. [5937/23]
View answerI propose to take Questions Nos. 317 and 325 together.
As the Deputy will be aware, the Department of Health leads on Government policy in the area of drugs, and this policy is guided by the national drugs and alcohol strategy "Reducing Harm, Supporting Recovery - a health led response to drug and alcohol use in Ireland 2017-2025". This strategy represents a whole-of-Government response to drug and alcohol use in Ireland.
Implementation is led by my colleague, the Minister of State at the Department of Health, Hildegarde Naughton, and encompasses actions for all stakeholders, including An Garda Síochána and my Department.
The Deputy will also be aware that the Garda Commissioner is by law responsible for all enforcement operations by An Garda Síochána. As Minister, I have no role in such matters.
Nitrous oxide has various legitimate uses; medical, non-medical and industrial and, because of its legitimate uses, it is not controlled under the Misuse of Drugs Acts or under the International Drug Conventions. Under section 3 of the Criminal Justice (Psychoactive Substances) Act 2010, it is already an offence to sell, import or export a psychoactive substance for human consumption, including nitrous oxide.
The purpose of the Criminal Justice (Psychoactive Substances) Act 2010 includes the prevention of the misuse of dangerous or otherwise harmful psychoactive substances and the provision of offences relating to the sale, importation, exportation or advertisement of those substances. For example, the Act provides that a person who sells, or who imports or exports, a psychoactive substance knowing, or being reckless as to whether, that substance is being acquired or supplied for human consumption, shall be guilty of an offence. This Act does not provide for an offence for personal possession.
The Deputy may wish to note that the HSE and An Garda Síochána are aware of the issues surrounding nitrous oxide. The HSE is committed to increasing awareness of the health risks associated with substance misuse, including nitrous oxide, among young people, parents and youth organisations. Similarly, Revenue’s Customs Officers are aware of the misuse of nitrous oxide and are closely monitoring importations of the product into the State.
318. Deputy Martin Kenny asked the Minister for Justice if his Department intends to introduce a system, independent of the courts, to enforce payment child maintenance orders; and if he will make a statement on the matter. [5811/23]
View answerAs the Deputy may be aware, on 16 November, Minister for Social Protection Heather Humphreys and Minister for Justice Helen McEntee published the Report of the Child Maintenance Review Group.
On foot of its recommendations, a number of very significant reforms of the social welfare system in this field have been introduced, which will be of great benefit to lone parents.
In particular, as a result of its recommendations, child maintenance payments will be disregarded in the means test for social welfare payments. Lone parents are a particularly vulnerable group and this measure will mean that many parents currently on reduced rates of payment will see their payments increase.
It will also mean that some additional lone parents will qualify for a payment. It is estimated that this measure will be of direct benefit to approximately 16,000 lone parents, amounting to approximately €10 million per year.
The "efforts to seek maintenance" requirement will also be removed from the one-parent family payment and jobseeker's transitional payment. This requirement often involves having to go to court. This change will remove an additional stress for lone parents and will help to reduce the burden on our courts system.
In relation to the issue of child maintenance within the courts generally, the Department of Justice will undertake a review of the enforcement of child maintenance orders as an action in the Family Justice Strategy. This review will examine the scope for reform including examining whether measures can be taken to enhance the enforcement process. This work is already underway and is due to be completed this year.
319. Deputy John Brady asked the Minister for Justice if the Government is prepared to drop the visa requirement for Turkish officials visiting Ireland; the discussions that have taken place with Turkish authorities on the issue; and if he will make a statement on the matter. [5831/23]
View answerI can inform the Deputy that I am aware of the interest of the Turkish authorities in concluding a reciprocal diplomatic visa waiver agreement with Ireland. These matters are currently being considered by my Department, in consultation with the Department of Foreign Affairs.
320. Deputy Kathleen Funchion asked the Minister for Justice the estimated cost of providing four new crime prevention officers per annum, including all associated costs, such as administrative and technological support. [5842/23]
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 all human resource matters and recruitment. As Minister for Justice, I have no role in such matters.
Within each Garda Division, there are specialist Crime Prevention Officers (CPOs). CPOs are trained to encourage, promote and advise on crime prevention in both private and business communities.
The estimated cost of providing four crime prevention officers is approximately €320,000 per annum. This includes the estimated cost of salary, fixed allowances, employer’s PRSI, technology equipment and licensing.
The salary is estimated using the midpoint of the current Garda Sergeant Salary scale. There may be additional costs for unsocial hours and any potential overtime payments in excess of standard briefing time which are not included in this estimate. No costs related to future pension costs are included.
321. Deputy Éamon Ó Cuív asked the Minister for Justice the reason for the long delay in assessing visa appeals for those applicants who have already secured employment permits; is he aware of the serious affect these delays are having on small and medium business due to lack of staff; and if he will make a statement on the matter. [5869/23]
View answerIn order to work in Ireland, a non-EEA national, unless they are exempted, must hold a valid employment permit, which is administered by the Department of Enterprise, Trade and Employment (DETE). Visa required nationals must apply for a “D” long stay employment visa once they have been granted an employment permit from DETE.
Employment visas are currently processed in seven overseas Visa Offices in addition to the Visa Office in Dublin. They are located in Abuja, Beijing, London, Moscow, Ankara, Abu Dhabi and New Delhi. In addition, the Department of Foreign Affairs process employment visas in Irish Embassies abroad under delegated sanction from my Department.
Between the 1 January 2022 and the 31 December 2022 my Department received a total of 17,629 Type D Long Stay employment visa applications. This compares with a total of 6,877 for the same period in 2019 (before COVID-19 related travel restrictions). This represents an increase of over 250%.
The processing times for visa decisions are published on the visa pages of each Visa Office and the relevant Embassy website. The processing time in each location is determined by a number of factors such as the volumes and complexity of applications, individual circumstances, peak application periods, seasonal factors, and the resources available. While every effort is made to process applications as quickly as possible, processing times inevitably vary as a result.
The Dublin Visa Office are currently processing Employment Visa appeals received, in the Dublin Office, on the 18 August 2022.
Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday: www.irishimmigration.ie/visa-decisions/
The granting of an employment permit by DETE is not the sole determining factor as to whether a visa will subsequently be granted by my Department. These are two very distinct application processes with different checks and procedures in place in each respective Department.
The visa process has a crucial role to play in supporting economic activity in the State through facilitation of tourism from emerging markets, promotion of Ireland as a destination for international education, facilitating those coming here for business and work, etc. As with all visa services worldwide, the central concern in deciding on visa applications is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime while at the same time not placing unnecessary or unreasonable obstacles in the way of intending visitors.
322. Deputy Peter Burke asked the Minister for Justice if there are plans to extend the age limit for recruitment to An Garda Síochána. [5872/23]
View answerAs the Deputy may be aware, the Labour Court has recently made a determination on two cases regarding the age of recruitment for An Garda Síochána. These cases followed an appeal of two Workplace Relations Commission decisions where the adjudication Officer upheld the complaints of two individuals based on discrimination on the grounds of age, regarding the age of recruitment into An Garda Síochána. The maximum age of recruitment is set out in regulation and is currently 35 years of age.
My officials, along with the Attorney General’s Office, Garda management and the Chief State’s Solicitor Office, are currently considering this determination.
323. Deputy Mary Lou McDonald asked the Minister for Justice if the officials in his Department have completed their examination and analysis of the study on familicide and domestic homicide reviews submitted to him in the summer of 2022. [5927/23]
View answerAs the Deputy is aware, an independent study has been commissioned by my Department into familicide and domestic homicide reviews.
This independent research has involved consultations with a wide range of stakeholders including family members of victims, state agencies and non-governmental organisations, with a view to making recommendations to improve the State's response to familicide and domestic homicide.
Given the sensitivities involved, it also required the study lead to pay particular attention to the fair procedures part of the process which involved allowing any persons or organisations who might be affected by the contents of the draft report (including the families concerned) to be given an opportunity to reply to the contents of the report.
The final report continues to be considered by officials in my Department and I intend to publish the report as soon as this examination and analysis is complete.
The Deputy will appreciate that due to the gravity of the subject matter and impact on victims' families, thorough examination is necessary before publication.
324. Deputy Martin Browne asked the Minister for Justice if his Department has received further contact from the Garda College, Templemore regarding public access to the swimming pool; and if he sought an update on the issue since his visit to Templemore on 13 January 2023. [5935/23]
View answerThe Deputy will appreciate that An Garda Síochána and the Office of Public Works (OPW) have responsibility for the Garda Estate, including the Garda College and its facilities.
I understand that a number of schools who applied for a licence to use the swimming pool have had their application approved by the OPW, pending receipt by the OPW of the €10 licencing fee.
326. Deputy Carol Nolan asked the Minister for Justice if his attention has been drawn to reports that over 5,000 persons arrived at Dublin Airport in 2022 without valid documentation or with no documentation at all (details supplied); if he agrees that this constitutes an egregious abuse of the immigration process; the steps he will take to combat this phenomenon; and if he will make a statement on the matter. [5949/23]
View answerI can assure the Deputy that I am familiar with the figures referred to and that the matter is the subject of close attention. In particular, Immigration Officials in my Department are actively engaging with airport authorities and airlines at a senior level to underscore the importance of passengers possessing correct documentation and to provide support in helping them to reduce the number of passengers boarding flights without the correct documentation.
My Department’s Border Management Unit and the Garda National Immigration Bureau are working closely with airlines on a range of measures to ensure that passengers have such documentation when boarding.
My Department has engaged with 19 separate airlines to date and Border Management Unit officials are available 24/7 to assist airlines with queries they have in relation to immigration matters.
By way of background I should note that under Section 11 of the Immigration Act 2004, any person entering the State at Dublin Airport or at any other port of entry, must be in possession of a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality to the satisfaction of an Immigration Officer.
If a person indicates or is identified as being in need of international protection they are admitted to the international protection process.
The establishment of a person’s identity and nationality is an important feature of our immigration process. This is especially important in the context of persons who enter the Irish State for the purposes of making a claim for international protection.
327. Deputy Catherine Murphy asked the Minister for Justice the number of unpublished chaplaincy reports from Irish prisons that are outstanding in each of the years 2019 to 2022 and to date in 2023; if he will provide a schedule by prison location that the unpublished reports originates from; and if he will outline for the reasons for not publishing the reports. [5976/23]
View answerThe Irish Prison Service Chaplaincy Service has a significant contribution to make as part of the multi-disciplinary team in a prison, addressing the physical, social and spiritual needs of prisoners in a holistic way.
Each Chaplain is required under Rule 119(1) of the Prison Rules to submit a report to the Director General and to the Governor on matters relating to the provision of chaplaincy services in the preceding year. I can confirm there are no outstanding unpublished Chaplain Annual Reports for 2019 and 2020 and they are available on the Irish Prison Service website – Information Centre – General Publications – Chaplains Reports.
I am advised by the Irish Prison Service that draft Chaplain Reports for 2021 are currently being finalised and that it is normal practice that chaplaincy reports from each prison are published at the same time.
I am also advised that the Irish Prison Service expects to publish the 2021 Chaplains reports shortly on their website and that the 2022 Chaplain reports, when they are received later in the year, will also be published as a group on the Irish Prison Service website.
328. Deputy Jackie Cahill asked the Minister for Justice the status of the transfer of public sector staff who will be placed under the remit of An Garda Síochána and the Garda Commissioner; if relevant unions are being consulted as part of this process; if all staff will have to agree to this transfer; and if he will make a statement on the matter. [5986/23]
View answerAs the Deputy may be aware, the Policing, Security and Community Safety Bill was approved for publication by Government on 22 November 2022.
The Bill, as part of a suite of proposals to empower the Garda Commissioner as a “true CEO” to lead the organisation and drive change, provides for the Garda Commissioner to recruit Garda staff directly to An Garda Síochána as public servants – they are currently recruited to the Civil Service.
This change is driven by the benefits of a single workforce for An Garda Síochána, as recommended by the Commission on the Future of Policing in Ireland (CoFPI). An integrated single workforce will, as identified by CoFPI, enable the different skills and perspectives of Garda members and staff to be leveraged in order to enhance the capacity of the organisation to deliver better policing outcomes. It will promote and foster the idea of a Garda career for all Garda personnel - members and staff of an Garda Síochana.
CoFPI’s report and recommendations were informed by extensive consultations including with trade unions and representative bodies representing members and staff.
It is important to note that the commencement of the legislation will have no automatic effect on the terms and conditions of existing staff who are civil servants – under the Bill their terms and conditions are fully protected and any change in their civil service status is subject to consultations with their trade unions prior to the making of a Ministerial Order altering their status.
The Bill, which is expected to become law this year with commencement in January 2024, sets out clearly that their terms and conditions are fully protected.
At this point in time, officials from my Department have met with union representatives and are now in discussions with the Department of Public Expenditure and Reform as well as Garda management in order to agree next steps with regard to implementing the changes proposed in the Bill in relation to the status of Garda staff. Further meetings have been arranged with my officials, Garda management and relevant unions in the coming weeks.
329. Deputy Peadar Tóibín asked the Minister for Justice further to Parliamentary Question No. 1208 of 19 January 2021, if the visa immigration arrangement is still in place for international contracted circus artists working for Irish traditional circuses (details supplied); if any such review of the arrangement involved consultation with traditional circus owners where the introduction of a work permit would be cost prohibitive and would not reflect the transient nature of traditional circus owners’ business needs for contracting international artists; and if he will make a statement on the matter. [5989/23]
View answerA review of the immigration arrangements for non-EEA circus performers, which remain in place pending the outcome of the review, is nearing completion within the Department.
Representations from the circus industry were taken into account in carrying out this review. The outcome of the review will determine the next steps, and this will be done in consultation with the circus industry, as well as the Department of Enterprise, Trade and Employment.
330. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for citizenship in the case of a person (details supplied); when a decision is likely to be reached in this case; and if he will make a statement on the matter. [5991/23]
View answerThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department, with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. It will be submitted to me for decision in due course.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. Applications are processed in chronological order by date received, 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.
However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.
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.
331. Deputy Cathal Crowe asked the Minister for Justice if he will clarify the rules around Ukrainian refugees leaving Ireland for short periods to visit other countries where their family are being accommodated before returning to Ireland; and if he will make a statement on the matter. [6103/23]
View answerUkrainian nationals are no longer visa required to travel to or return to Ireland. Any beneficiary of Temporary Protection who has specific queries in relation to immigration matters can address them to:
UkraineSupportMailbox@justice.ie
Beneficiaries of Temporary Protection who are availing of state provided accommodation should contact the Department of Children, Equality, Disability, Integration and Youth in relation to proposed absences. Given the pressures on state provided accommodation I am advised that a short absence, of a maximum of 7 calendar days (within a 6-month period), may be facilitated. Further details of the policy applying can be found in the Absence Protocol for Beneficiaries of Temporary Protection available at the following link
www.gov.ie/en/publication/f044b-ukraine-crisis-temporary-accommodation-team-policies/
Any beneficiary of the Temporary Protection Directive (TPD), who is receiving a payment from the Department of Social Protection (DSP), and intends to leave the State should inform the DSP of their intentions.
A full list of local DSP / Intreo offices can be found at the following link:
www.gov.ie/en/directory/category/e1f4b5-intreo-offices/#
It is open to any person to leave the State and those travelling are advised to check with the authorities of their intended destination as they may be subject to specific immigration requirements at their destination.
