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Thursday, 18 Jan 2024

Written Answers Nos. 242-251

Human Trafficking

Ceisteanna (244)

Peadar Tóibín

Ceist:

244. Deputy Peadar Tóibín asked the Minister for Justice how many vehicles, trucks and containers have been searched for each of the past five years at each port for potential smuggled migrants. [2137/24]

Amharc ar fhreagra

Freagraí scríofa

Maintaining the integrity of the immigration system, involves robust controls to prevent illegal entry.

People smuggling is the facilitated, irregular movement of people across borders for a financial or other benefit.

While distinct from human trafficking, it is exploitative of vulnerable people and as we have seen, very often the way in which they are smuggled into countries places them in mortal danger.

That is why in 2021 our legislation was strengthened to combat people smuggling both into Ireland and into other countries (including EU Member States and parties to the UN Protocol against people smuggling).

The Criminal Justice (Smuggling of Persons) Act 2021 widened the range of scenarios covered by our laws, including intentionally assisting entry, transit or presence where the person knows or has reasonable cause to believe that it is in breach of specified immigration law provisions.

The penalties provided reflect the seriousness with which this crime is taken with a penalty of up to 10 years for assisting unlawful entry into, transit across or presence in the State or in a designated State or for the provision of fraudulent documents used or intended to be used for people smuggling. 

The Act also helps facilitate the cooperation required to continue to work together with our colleagues in the EU and the UK to combat smugglers.

Statistics are not available on the number of searches carried at each port of entry.

Departmental Data

Ceisteanna (245)

Peadar Tóibín

Ceist:

245. Deputy Peadar Tóibín asked the Minister for Justice how many asylum applicants have gone missing from State services in each of the past ten years; the number that have been pursued by State authorities; and how many will have been recovered by State authorities in each of the past five years. [2138/24]

Amharc ar fhreagra

Freagraí scríofa

When an International Protection claim is being examined by the International Protection Office (IPO), the International Protection Accommodation Service (IPAS) provides accommodation and related services to IP applicants who wish to accept such services.

No person is required to stay in any accommodation that is provided by the State. However, applicants for international protection are required to cooperate with the international protection process. This includes ensuring their Temporary Residence Card is in date and their address is up to date with the International Protection Office (IPO).  It is the case that many applicants leave the State without notifying the International Protection Office at various stages of the process and  choose not to continue with their application.

In those circumstances the IPO will write to applicants who are not cooperating with the process at their last known address, giving them the opportunity to cooperate. The IPO copies this letter to their legal representative, if known. In the event an applicant does not respond, i.e., continues not cooperating with the process, the IPO will proceed to make a recommendation, up to and including a Deportation Order, on their application based on the information available to it.  There is close engagement between the Department, GNIB and IPAS concerning persons subject to deportation orders who are or may have been in IPAS accommodation, however, in the overwhelming majority of such cases the individuals are considered likely to have left the State. 

Section 5 of the Immigration  Act 1999 provides that where an immigration officer or a member of the Garda Síochána, with reasonable cause, suspects that the person against whom a deportation order is in force has failed to comply with any provision of the order, or with a requirement in a notice under section 3 (3)(b)(ii) of the 1999 Act, he or she may arrest him or her without warrant and detain him or her in a prescribed place. As the Deputy will be aware, this is an operational matter for An Garda Síochána. I am informed that the requested statistics are not recorded in a manner to allow this specific data to be extracted.

Immigration Policy

Ceisteanna (246)

Peadar Tóibín

Ceist:

246. Deputy Peadar Tóibín asked the Minister for Justice the reason the decision was taken not to pursue the eight migrants who entered the country in a container at Rosslare and fled. [2139/24]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that the Garda Commissioner is responsible under Section 26 of the Garda Síochána Act 2005 (as amended) for the management and administration of Garda business including operational and investigation activity.  As Minister, I have no role in these independent functions.

Probate Applications

Ceisteanna (247)

Bernard Durkan

Ceist:

247. Deputy Bernard J. Durkan asked the Minister for Justice if she is aware of backlogs in the Probate Office and the effect that this has on business; the action being taken to address this; and if she will make a statement on the matter. [2186/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware as Minister for Justice, I have no role in the exercise of Probate functions.

The Probate Office is an office of the High Court, and management of the courts is 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. Probate functions are also carried out by County Registrars at District Probate Registries in 14 provincial court offices. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas at: oireachtasenquiries@courts.ie.

I am, however, advised by the Courts Service that, as part of the organisation's Modernisation Programme, a proposal to digitally transform the Probate process has been identified and a budget has been allocated to the Courts Service for this development.

The eProbate project will deliver a facility to submit and track applications for Grants of Representation online via a public facing portal. This new digital offering is currently in the early stages of development and will continue to be developed throughout 2024 with an expected public launch in early 2025.

The public facing portal will act as a single point of contact for users to submit and track their applications through the entire process. The electronic submission of applications through the online portal, combined with automated validation of key information at submission time, will enable faster and more efficient processing of applications, with the aim of reducing waiting times.

At the same time, the Courts Service is aware of its need to reduce waiting times while the eProbate project is underway. In this regard, it is prioritising the recruitment of additional staff to help in this task.

An Garda Síochána

Ceisteanna (248)

Darren O'Rourke

Ceist:

248. Deputy Darren O'Rourke asked the Minister for Justice her plans to ensure that increases in Garda recruitment are commensurate with population increases; and if she will make a statement on the matter. [2202/24]

Amharc ar fhreagra

Freagraí scríofa

The Government is committed to ensuring An Garda Síochána has the resources it needs to deliver on the goal of ensuring communities around Ireland are safe and feel safe. As Minister I engage regularly with the Commissioner to monitor the resources needed to drive Garda recruitment.

I have been assured by the Garda Commissioner that the allocation of resources is kept under continual review to ensure their optimum use.

It is important to note that analysing Gardaí assigned per head of population in a given area does not paint a full picture as population statistics are only one of a number of factors taken into consideration. Crime statistics and trends and ongoing Garda operations are also considered by the Commissioner when allocating members. 

The unprecedented allocation of over €2 billion to An Garda Síochána in 2023 and 2024, up over 20 per cent since 2020, demonstrates the Government's commitment to ensuring An Garda Síochána has provision for the equipment, technology, facilities, fleet and personnel it needs to carry out vital policing work. This funding allows for the continued recruitment of Garda members and staff.

I am advised there are currently around 14,000 Garda members across the country. This represents an increase of approximately 9% since 2015. The Deputy will be interested to know that 388 new Gardaí attested in 2023 and were allocated to Garda stations nationwide. I am further advised 746 trainee Gardaí entered Templemore in 2023, the highest number to enter since 2018.

The Deputy may be aware a new recruitment campaign has opened this week (15 January). As was the case with previous campaigns, I hope that there is strong interest in joining An Garda Síochána and would encourage everyone who wants to contribute to keeping people safe, to apply.

Citizenship Applications

Ceisteanna (249)

Matt Carthy

Ceist:

249. Deputy Matt Carthy asked the Minister for Justice the status of the citizenship application of a person (details supplied); when the person will be invited to attend a citizenship ceremony; and if she will make a statement on the matter. [2211/24]

Amharc ar fhreagra

Freagraí scríofa

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

I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs. It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

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

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

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

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: 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.

Departmental Data

Ceisteanna (250)

Michael McNamara

Ceist:

250. Deputy Michael McNamara asked the Minister for Justice how many of the 3,285 persons who arrived to Dublin Airport without a valid identity document in 2023 were under the age of 16; coming from or embarking for a place in the State, Great Britain or Northern Ireland; a citizen of the United Kingdom of Great Britain and Northern Ireland or a person who has established a right in the State pursuant to EU law. [2232/24]

Amharc ar fhreagra

Freagraí scríofa

I am informed that the overall figure cited by the Deputy refers only to arrivals of persons over the age of 18 at Dublin Airport and the further information requested is not readily available.

All unaccompanied persons under the age of 18 who arrive at Dublin Airport are managed in the first instance with a focus on child safeguarding; they are not recorded in the overall refusal of leave to land figures or in figures for the undocumented arrivals collated by my Department. I am advised that in 2023, approximately 250 unaccompanied persons under the age of 18 presented to officers of the Border Management Unit at Dublin Airport and were subsequently referred to the Child and Family Agency (TUSLA); a significant number (over 50%) of these were unaccompanied minors fleeing the war in Ukraine.

Departmental Data

Ceisteanna (251, 252)

Michael McNamara

Ceist:

251. Deputy Michael McNamara asked the Minister for Justice how many of the 3,285 persons who arrived to Dublin Airport without a valid identity document In 2023 did not seek international protection. [2233/24]

Amharc ar fhreagra

Michael McNamara

Ceist:

252. Deputy Michael McNamara asked the Minister for Justice how many of the 3,285 persons who arrived to Dublin Airport without a valid identity document were refused leave to enter the State. [2234/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 251 and 252 together.

The Border Management Unit of my Department and the Garda National Immigration Bureau are working closely with airlines on a range of measures to ensure that passengers have the appropriate travel documentation when boarding. Immigration officials are available 24/7 to assist airlines with queries in relation to immigration matters.

In addition to providing advice to airlines on specific queries, training is provided to airline ground staff on current travel documentation requirements to help them reduce the number of passengers boarding flights without correct documentation.

2023 has seen a reduction of one third in the number of persons arriving at Dublin Airport without valid identity documents. 

All persons arriving without valid documentation will be refused leave to land,  As such, all of the 3,285 persons recorded without valid identity documents were refused leave to enter the State. 

While systems do not allow for the extraction of the precise data requested, it is the case that the majority of those who present without appropriate documentation and refused leave to land seek to enter the international protection process. It is also the case that some people with valid travel documents seek to enter the international protection process.

Border Management Unit (BMU) and the Garda National Immigration Bureau (GNIB) have an ongoing intelligence-led programme of operations at airplanes to detect passengers who destroyed documents inflight and to identify the point of embarkation of undocumented passengers.

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