Written Answers Nos. 280-293
280. Deputy Brendan Howlin asked the Minister for Justice when the review of her Department’s policy on family reunification will be completed; when she intends to publish revised policy in this area; if she will list the groups and individuals whom she has consulted on this policy; and if she will make a statement on the matter. [30543/24]
View answer286. Deputy Michael Creed asked the Minister for Justice the current state of the review being conducted by her Department on the family reunification policy of migrant workers; and if she will make a statement on the matter. [30618/24]
View answer287. Deputy Bríd Smith asked the Minister for Justice if it has been drawn to her attention the distress and hardship that much-needed migrant workers suffer as a result of not being able to bring their families to live with them; that the family reunion policy has been under review for the past 12 months, and this delay is compounding the distress of working migrants; if she will urgently examine the rules that prevent families being reunited with a view to abolishing the salary check and the waiting period to ensure that families can be united as soon as possible; and if she will make a statement on the matter. [30619/24]
View answer290. Deputy Catherine Connolly asked the Minister for Justice for an update on the review of the non-EEA family reunification policy; the expected timeline for the completion of the review; if the review is examining the salary requirements and waiting times for family reunification applications; and if she will make a statement on the matter. [30749/24]
View answer291. Deputy Seán Canney asked the Minister for Justice if she will change the family reunion policy sin order that persons from a country outside the EU, who are in full-time employment, can have their immediate family live with them in Ireland; and if she will make a statement on the matter. [30766/24]
View answerI propose to take Questions Nos. 280, 286, 287, 290 and 291 together.
As the Deputies will be aware, the Policy Document for Non-EEA Family Reunification, which was last amended in 2016, is currently under review. The review is examining a wide range of matters relating to applications for family reunification including the nature and suitability of current income thresholds and waiting periods. Officials from my Department have consulted with a wide variety of stakeholders, including relevant Government departments and organisations such as the Migrant Rights Centre Ireland and Crosscare. That engagement will continue and my expectation is that the review will be brought to conclusion later this year.
Insofar as current arrangements are concerned, holders of Critical Skills Employment Permits (CSEP) can apply for immediate family reunification at the same time as their own visa permission is being sought and they are processed in tandem. If the CSEP holder chooses not to apply for immediate reunification, applications for Join Family visas can be made at any time after they enter the state. A person residing in the State on the basis of a General Employment permit (GEP) is eligible to apply for family reunification after 12 months. Separately, it is open to spouses of general employment permit holders to apply for employment permits in their own right and enter the State for that purpose.
While I fully understand that all people moving to Ireland to live and work would wish to have their family join them, the issues to be examined as part of a family reunification application are complex. An important consideration in all family reunification applications, for example, is the ability of the sponsor to demonstrate a clear capacity to provide for their family member(s) if they are to be granted a permission to come to Ireland.
I can also advise that, with effect from 15 May 2024, the first part of the review was implemented in that eligible spouses and partners of General Employment Permit and Intra-Corporate Transferee Irish Employment Permit holders, who have applied for and been granted family reunification, in accordance with the Non-EEA Family Reunification Policy, will now be registered on a Stamp 1G permission, rather than a Stamp 3. This will allow the holder to take up employment without the need to obtain a separate Employment Permit of their own.
281. Deputy Michael Ring asked the Minister for Justice the progress that has been made on a request (details supplied); and if she will make a statement on the matter. [30544/24]
View answerThe coroner’s service comprises a network of coroners located in districts throughout the country. All coronial districts, with the exception of Dublin, are the responsibility of the relevant local authority.
The Department has direct responsibility for providing financial and administrative supports to the Dublin District Coroner’s Office since 1 January 2018.
Remuneration rates for Coroners were reduced, in line with wider reductions in civil and public service remuneration as provided for by Financial Emergency Measures in the Public Interest (FEMPI), on 29 April 2009.
Departmental officials, are currently working on the request of the Coroner Society of Ireland for their fees to be restored to their pre-April 2009 levels. In this respect, the Department has engaged with the Department of Public Expenditure, National Development Plan Delivery and Reform, in respect of the restoration of Coroner fees.
There is ongoing engagement with the Department of Public Expenditure NDP Delivery and Reform and the Department of Housing, Local Government and Heritage in relation to these matters.
282. Deputy Noel Grealish asked the Minister for Justice the plans there are to provide a new courthouse for Galway city; the timeframe, and cost, for any such proposals; the plans for the future uses of the current courthouse; and if she will make a statement on the matter. [30548/24]
View answerAs the Deputy is aware, the provision of improved court facilities at Galway is one of the Courts Service projects included in the National Development Plan.
The Courts Service is seeking a suitable site in Galway on which to develop a new courthouse facility. It has engaged with the Land Development Agency (LDA) and Galway City Council (GCC) in relation to the potential for the inclusion of a Courthouse in a future development on the Dyke Road. The Courts Service has met with the LDA and its design team in relation to this proposal and is currently engaging in an exercise to test and evaluate a number of high-level design scenarios on the suitability of the Dyke Road venue for its future needs.
No definitive decision, as yet, has been made regarding the future reuse of the existing courthouse although a number of possible options will be open for consideration.
In Budget 2024, €185 million was allocated to the Courts vote, including capital funding of €67 million. This sum covers PPP payments for 8 courthouses as well as funding for the significant technological upgrades taking place across the courts, including the ongoing Wi-Fi upgrade and video court expansion.
The Government has invested substantial additional resources into the Courts Service in recent years and I can assure you that the Government will continue to support the Courts Service in its work to create an environment where justice can be administered efficiently and accessibly for all citizens.
283. Deputy Noel Grealish asked the Minister for Justice the total amount paid out in free legal aid payments to barristers and solicitors in Galway in 2022 and 2023; and if she will make a statement on the matter. [30549/24]
View answerI sought the figures requested by the Deputy but they were not available in the time permitted. Once the figures have been received, I will provide them directly to the Deputy.
284. Deputy Michael Ring asked the Minister for Justice the up-to-date position on an application for naturalisation (details supplied); considering that it has been ongoing for a number of years; and if she will make a statement on the matter. [30590/24]
View answerThe 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. I want to assure anyone who has an application for naturalisation submitted that the Citizenship Division of my Department is doing everything possible to progress applications as quickly as possible.
It is important to note that no two applications are the same and some take longer than others to process. All applicants must undergo Garda vetting. Unfortunately, it is the case that some international checks can take a considerable amount of time and are largely out of the control of my Department. The previous backlogs in application processing in Citizenship had arisen largely due to the legacy of restrictions imposed on staff attendance in the office during the pandemic.
Since then, Citizenship Division have taken a significant number of steps to speed up the process for applicants. These included introducing an online digital application, online payments, and the introduction of eVetting. I am pleased to inform the Deputy that these changes are dramatically reducing processing times. Based on the current application levels, I expect going forward that most straightforward applications will receive a decision within one year.
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: IMoireachtasmail@justice.ie , which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
285. Deputy Thomas Pringle asked the Minister for Justice what circumstances are envisaged when applying for an order of anonymity in a court case; when it has been used in the past; who it is intended to protect; if the defence team should be informed of the intention to apply; and if she will make a statement on the matter. [30613/24]
View answerAs the Deputy will be aware, the overarching principle of criminal justice is that the defendant must receive a fair trial, with the default position being that a person should know the identity of the witness testifying against them. However, both our domestic courts and the European Court of Human Rights have recognised that, in certain circumstances, and where it does not compromise the fairness of the trial, it may be permissible to withhold a witness's identity.
While the Irish courts have, so far, addressed the matter of witness anonymity on a case-by-case basis, section 55 of the Criminal Justice (Miscellaneous Provisions) Act 2023 now provides a clear legislative framework for determining when, and under what conditions, such measures may be granted. Witness anonymity will only arise in certain specific, limited circumstances, such as where it is necessary to protect the identity of law enforcement officials involved in ongoing covert investigations, or to ensure the safety of a particular witness. An application may be made by either the prosecution, or the defence, and the court will give every party an opportunity to be heard in relation to the application.
Appropriate safeguards and other factors that must be considered in deciding whether to order such measures are set out in the legislative provision, which has been carefully drafted to balance the need to protect witnesses and the public interest, while ensuring that the defendant receives a fair trial.
It is my intention to bring section 55 of the 2023 Act into operation in the near future.
288. Deputy Róisín Shortall asked the Minister for Justice if consideration can be given to the case of an expectant mother to an Irish citizen child (details supplied) in County Dublin;; and if she will make a statement on the matter. [30625/24]
View answerAn application for a Spouse of Irish National (SOIN) permission from the person referred to by the Deputy is currently under consideration by the Immigration Service Delivery (ISD) function of my Department.
I am informed that a decision will issue to the person concerned shortly.
Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility at IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process.
The Deputy may consider using the email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
289. Deputy Michael Creed asked the Minister for Justice further to Parliamentary Question No. 467 of the 28 February 2023, the reason her Department has not yet made contact with the individual involved regarding the issuance of confirmation of non-citizenship to this person (details supplied); and if she will make arrangements for immediate issuance of this required confirmation. [30732/24]
View answerI can advise the Deputy that all persons who wish to receive a statement to the effect that they do not hold Irish citizenship are required to submit a questionnaire to my Department's Citizenship Division.
The Citizenship Division have advised me that the relevant questionnaire was issued to the person referred to by the Deputy in February 2024. However there is no record of it being completed and returned to my Department.
The Citizenship Division of my Department have re-issued the questionnaire to the person referred to on 10 July 2024 at the address provided previously.
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: IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
292. Deputy Bernard J. Durkan asked the Minister for Justice the current progress in the determination of an application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [30825/24]
View answerThe naturalisation application of the person referred to by the Deputy has been approved and they will be invited to attend a future Citizenship Ceremony to complete the naturalisation process.
I understand the extended wait times can be frustrating for applicants. I want to assure anyone who has an application for naturalisation submitted that the Citizenship Division of my Department is doing everything possible to progress applications as quickly as possible.
In just 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 in 2023. Already in 2024, 16,000 decisions have been made in the first half of the year. Last year, Citizenship Division more than doubled the number of ceremonies available to applicants with 15 held over the course of 2023. This was a significant increase on 6 Citizenship Ceremonies held in 2022. It is envisioned that this number will be significantly surpassed this year, with 15 ceremonies already taking place by the end of June.
As the Deputy will appreciate, these events require considerable planning and Citizenship Division issues invitations to successful applicants at the earliest possible opportunity. As plans for further ceremonies are confirmed this information will be put into the public domain.
Further information on Citizenship Ceremonies is available on my Department’s website here: www.irishimmigration.ie/how-to-become-a-citizen/citizenship-ceremonies/
293. Deputy Bernard J. Durkan asked the Minister for Justice to indicate the procedure to be followed in the case of a person (details supplied) who has been resident there for the past two years, has applied for citizenship and is concerned for her future and that of her four children; and if she will make a statement on the matter. [30827/24]
View answerThe 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. Only once an application is received, can a determination on whether the applicant satisfies the statutory criteria for naturalisation be made.
Unfortunately, applications cannot be expedited due to the intended purpose of naturalisation such as travel, or to join family members.
The Citizenship Division of my Department have taken a significant number of steps to speed up the Naturalisation process for applicants. Including introducing an online digital application, online payments, and the introduction of eVetting.
I am pleased to inform the Deputy that these changes are significantly reducing processing times. Based on the current application levels, I expect going forward that most straightforward applications will receive a decision within a year.
In just 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 in 2023. Already in 2024, 16,000 decisions have been made in the first half of the year. Last year, Citizenship Division more than doubled the number of ceremonies available to applicants with 15 held over the course of 2023. This was a significant increase on 6 Citizenship Ceremonies held in 2022. It is envisioned that this number will be significantly surpassed this year, with 15 ceremonies already taking place by the end of June.
Further 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/
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: IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
