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Thursday, 3 Oct 2024

Written Answers Nos. 127-146

State Pensions

Questions (127)

Bernard Durkan

Question:

127. Deputy Bernard J. Durkan asked the Minister for Social Protection the number of persons from within or without the EU who have applied for or received a top-up to their national pensions from her Department in order to bring the payments into line with State pension (non-contributory) payments; and if she will make a statement on the matter. [39608/24]

View answer

Written answers

State pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. For the purposes of the means test, cash income, including income from employment, foreign pensions, the value of any property (excluding a person’s own home), and the value of any savings and investments which a person or their spouse, civil partner or cohabitant holds, are assessable. In the case of a couple their means are assessed jointly, and each person is assessed with half of the total means of the couple.

The Department's records indicate that there are 24,709 recipients of state pension non-contributory that have income assessed from a foreign social security pension or a foreign occupational pension.

I trust this clarifies the matter for the Deputy.

Daylight Savings Time

Questions (128)

Seán Haughey

Question:

128. Deputy Seán Haughey asked the Minister for Justice if consideration has been given to ending the annual seasonal time change that happens every March and October; the position of the EU in this regard; and if she will make a statement on the matter. [39463/24]

View answer

Written answers

Since 2001, summer time arrangements in the EU have been governed by EU Directive 2000/84/EC which sets out the obligation on all Member States to switch to summer time on the last Sunday of March and to switch back to their standard time (winter time) on the last Sunday of October.

Following a resolution of the European Parliament in 2018, the European Commission proposed a change to this arrangement, under which:

• The last mandatory change to summer time would take place on 28 March 2021, after which

• Member States who wish to remain on winter time would make one last seasonal clock change on 31 October 2021. This decision was to be notified to the Commission by 1 April 2020.

• Members States would remain free to choose their standard time, on the condition that they give 18 months’ notice to the Commission.

Ireland’s consistent position at the EU Transport, Telecommunications and Energy (TTE) Council has been that it will not support the proposal. A major consideration is the possibility that the proposal could lead to the imposition of two time zones on the island. More generally, in the context of the EU proposal, Ireland’s position, along with a number of other Member States, has reflected concern that the proposal could reduce synchronicity and result in a ‘patchwork’ of time zones across the EU, thereby causing unnecessary confusion in the Single Market. Ireland has supported the carrying out of a full impact assessment of this proposal prior to any final decisions being taken at EU level.

Discussions with Members States on the proposal are on-going via the TTE Council.

Prison Service

Questions (129)

Chris Andrews

Question:

129. Deputy Chris Andrews asked the Minister for Justice the number of drug overdoses in Irish prisons in 2023 and 2024 to date, in tabular form. [39471/24]

View answer

Written answers

I wish to advise the Deputy that it is not possible to provide the information requested as overdoses are not recorded centrally and such an exercise would require a manual examination of an inordinate number of individual records which is not possible given the current pressure on staff resources.

The Deputy may also wish to know that the Self Harm Assessment and Data Analysis System records incidents of intentional overdoses in Irish Prisons, however, the data for 2022 and 2023 has not yet been collated. The Irish Prison Service recently published the 2020 and 2021 Self Harm Assessment and Data Analysis on their website, at www.irishprisons.ie. The delay in publishing these reports is due the Covid-19 pandemic. It is expected that the data for 2022 and 2023 will be published in early 2025.

I can further advise the Deputy that a new centralised data collection system is now in place to record all overdose incidences. In addition, the Irish Prison Service has recently recruited a number of Research Assistants and are in the in process of recruiting a Research Manager. These additional resources will help collate important data on intentional and accidental overdoses in prisons.

Prison Service

Questions (130)

Chris Andrews

Question:

130. Deputy Chris Andrews asked the Minister for Justice the number of nurses who work the night shift in Mountjoy Prison. [39473/24]

View answer

Written answers

In line with all international guidance and expectations, the core of health services in the Irish Prison Service is based on the provision of effective and responsive primary care. A fundamental component of this provision is the availability of nursing staff in all closed prisons on a 24 hour basis each day of the year. Nurses are the largest cohort of professional health providers in most healthcare settings and this is replicated in the Irish Prison Service.

People in custody have access to nurses at all times, and following an assessment Irish Prison Service Nurses commence a treatment pathway or refer individuals to the most appropriate professional colleague. Whilst specialist interventions are required in some cases, primary care nurses are often in the position to assist in the immediate symptomatic relief of a clinical presentation with swift follow up from the Prison GP or other specialist as soon as possible. The engagement pathway for addictions in the Irish Prison Service is rapid and functional and the Irish Prison Service is currently developing plans to establish an enhanced specialist clinical pathway available more rapidly in the future.

The Irish Prison Service have advised that the specific information requested by the Deputy cannot be provided for security and operational reasons.

International Protection

Questions (131)

Paul Kehoe

Question:

131. Deputy Paul Kehoe asked the Minister for Justice the status of an appeal (details supplied); and if she will make a statement on the matter. [39475/24]

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Written answers

My Department is unable to publish any information that would identify any person as being an international protection applicant. This is a separate matter to the law dealing with data protection matters more generally.

My officials and I are legally obliged, under Section 26 of the International Protection Act 2015, to ensure that the identity of any person who applies for international protection is kept confidential. Section 26(1) sets out that:

“the Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential”.

As I am sure you will appreciate, these confidentiality requirements are especially important for an asylum-seeker, whose claim inherently supposes a fear of persecution by the authorities of their home country and whose situation, or that of their family or friends still living in the country from which they have sought protection, can be jeopardised if the protection of their personal information is not ensured.

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 6028000 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.

Both the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) are fully independent in deciding whether or not to grant international protection. Each application is examined individually on its own merits, in line with national and international asylum law. They are also bound by confidentiality provisions in respect of applicants as set out in the International Protection 2015 Act.

Departmental Contracts

Questions (132)

Peadar Tóibín

Question:

132. Deputy Peadar Tóibín asked the Minister for Justice the amount spent for each of the past ten years by her Department, or any public body or organisation that comes under the funding or authority of her Department, on external consultants for the provision of either public affairs or communication services. [39499/24]

View answer

Written answers

It has not been possible to collate the information requested by the Deputy in the time available.

I will write to the Deputy directly once the information is to hand.

An Garda Síochána

Questions (133)

David Stanton

Question:

133. Deputy David Stanton asked the Minister for Justice the number of Garda vehicles taken out of service due to high mileage in 2022, 2023 and to date in 2024; the number of new Garda vehicles procured for the service in the same period; and if she will make a statement on the matter. [39506/24]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes the distribution of resources, including the Garda fleet, across the various Garda Divisions. As Minister, I have no direct role in this matter.

However, to be of assistance I sought the information requested by the Deputy from An Garda Síochána and have been advised that all vehicles in the Garda fleet are operated up to the manufacturers durability limits or uneconomic repair, irrespective of age. A comprehensive Service Repair and Maintenance programme is in place to ensure that all vehicles are operating to manufacturers specifications.

The tables below set out the number of Garda vehicles taken out of service due to high mileage in 2022, 2023 and to date in 2024 and the number of new Garda vehicles added to the fleet in the same period.

Vehicles removed from the Garda fleet due to high mileage in 2022, 2023 and to date in 2024:

-

Removed

2022

126

2023

113

2024*

111

Vehicles added to the Garda fleet in 2022, 2023 and to date in 2024:

-

Allocated

2022

282

2023

271

2024*

287

*2024 figures are as of 30 September, information supplied is operational and subject to change.

The purchase and allocation of vehicles by An Garda Síochána is made on the basis of identified operational demands, the availability of resources and is reviewed on a continual basis.

For the Deputy’s information, detailed statistics relating to the Garda Fleet are publicly available on the Garda website at the following link: www.garda.ie/en/about-us/our-departments/finance-services/finance-fleet-management.html

Judicial Appointments

Questions (134)

David Stanton

Question:

134. Deputy David Stanton asked the Minister for Justice the number of District and Circuit Court judges who 'have retired in 2022, 2023 and to date in 2024; the number of newly appointed judges in the same period; and if she will make a statement on the matter. [39507/24]

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Written answers

On foot of the recommendations of the Judicial Planning Working Group, which I established in 2021 to consider the number and type of judges required to ensure the efficient administration of Justice over the next five years and with a view to the medium to long term, the Government committed to a historic increase in the number of judges.

A first tranche of 24 additional judges was approved and subsequently appointed by Government in 2023, comprising 8 additional District Court, 8 additional Circuit Court, 6 additional High Court and 2 additional Court of Appeal judges.

In relation to the number of District and Circuit Court judges that have retired as well as those that have been newly appointed over the period 2022, 2023, and 2024 to date, I can confirm that over this time period, 20 judges have retired, and 38 judges have been appointed to the District and Circuit Courts.

In order to be of assistance to the Deputy, a breakdown by year has been provided below.

Retirements *

Year

District Court

Circuit Court

2022

4

5

2023

3

2

2024 (to date)

3

3

* includes 2 deaths in service and 1 resignation.

Appointments

Year

District Court

Circuit Court

2022

7

5

2023

12

10

2024 (to date)

0

4

There are currently no vacancies in the Circuit Court and three vacancies in the District Court, with work underway to fill these vacancies as soon as possible.

Legislative Reviews

Questions (135)

Brendan Howlin

Question:

135. Deputy Brendan Howlin asked the Minister for Justice when the review of the operations of the Legal Services Regulation Act 2015, as required under section 6 of that Act, will be completed and submitted to her; and if she will make a statement on the matter. [39511/24]

View answer

Written answers

The Legal Services Regulatory Authority (LSRA) is the body responsible for the regulation of the legal professions under the provisions of the Legal Services Regulation Act 2015. Subject to the 2015 Act, the Authority shall be independent in the performance of its functions.

Under Section 6 of the Legal Services Regulation Act 2015, the LSRA is, every three years, to commence a review of the operation of the 2015 Act and to make a report to each House of the Oireachtas of its findings and conclusions, including any such recommendations (if any) to the Minister resulting from that review as it considers appropriate.

The Department has been in regular communication with the LSRA on this matter and has been informed that its review of the operation of the Legal Services Regulation Act 2015 is at an advanced stage and due to be submitted to the LSRA Authority in the coming weeks for approval, prior to its submission to the Minister and the Oireachtas very shortly thereafter.

Family Reunification

Questions (136)

Pádraig Mac Lochlainn

Question:

136. Deputy Pádraig Mac Lochlainn asked the Minister for Justice when a visa application to join a family member will be finalised for a person (details supplied); and if she will make a statement on the matter. [39523/24]

View answer

Written answers

I can advise the Deputy that the application referred to was created on 17 October 2023. Supporting documentation was received in the Riyadh office on 13 November 2023. The application was received in the Abu Dhabi Visa Office on 8 February 2024 where it awaits examination and processing. I can advise the Deputy that in 2023, over 166,000 visa applications were submitted and approximately 140,000 people were granted visas to travel to Ireland. These figures are likely to be surpassed in 2024, with over 123,000 visa applications having been received in the first seven months of this year alone. This reflects an increase of 20%, compared to the same period in 2023, with over 21,000 additional applications received. The vast majority of visa applications are determined in a matter of weeks. However, some applications, in particular those to join family members here, can take considerably longer. It is important to recall these applications are screening processes, designed to establish that the person has a legitimate reason to come to Ireland prior to travel. Verifying an application is an important part of our immigration system and the checks involved can take time to complete. Processing times for these applications are influenced by a number of factors. The time it can take varies depending on the type and complexity of application; individual circumstances; peak application periods; such as holidays or the start of the school year; and, crucially, the quality and completeness of the application lodged. Visa applications and appeals are processed in the order in which they are received, to be fair to all applicants. However, due disparity in the complexity of these application, the processing of some applications can take considerably longer than the overall average. I understand extended wait times can be frustrating. I want to assure anyone who is waiting on a decision that my Department is doing everything possible to progress applications as quickly as possible. I am acutely aware join family applications, are very important for the persons impacted and I am committed to improving the service my Department provides. In recent weeks, I have assigned additional resources and staff to my Department’s visa division which will I expect will reduce the waiting times for family applications in the coming months. 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 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.

An Garda Síochána

Questions (137)

Jim O'Callaghan

Question:

137. Deputy Jim O'Callaghan asked the Minister for Justice the number of persons convicted of offences committed during the Dublin riots on 23 November 2023; and if she will make a statement on the matter. [39576/24]

View answer

Written answers

Firstly, I would again like to pay tribute to the rapid response of An Garda Síochána, and other emergency support services, who brought the unrest in November to a halt and restored order to the city quickly following the tragic events of that day.

Obviously, there are ongoing Garda investigations into this matter and, in the days and months since, a total of 51 people have been arrested in connection with these serious public order disturbances. A number of those have been charged with serious criminal offences. As these matters remain before the Courts, the Deputy will appreciate that I cannot go into too much detail surrounding that aspect.

As the Deputy will also appreciate, management of the courts, along with related operational matters and logistical functions, are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and through the separation of powers in the Constitution.

It should be noted that the Department does not record data relating to convictions, as this is a function of the courts.

The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie

To be of assistance, I have referred the Deputy's question to the Courts Service for direct reply

As the Deputy will appreciate, management of the courts, along with related operational matters and logistical functions, are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and through the separation of powers in the Constitution.

It should be noted that the Department does not record data relating to convictions, as this is a function of the courts.

The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie

To be of assistance, I have referred the Deputy's question to the Courts Service for direct reply.

Crime Prevention

Questions (138)

Jim O'Callaghan

Question:

138. Deputy Jim O'Callaghan asked the Minister for Justice the number of persons convicted of sexual offences since 2010 who have changed their names by deed poll; and if she will make a statement on the matter. [39577/24]

View answer

Written answers

I have requested the information sought by the Deputy from the Garda authorities. Regrettably, this was not available in time and I will write to the Deputy once the information is to hand.

Wards of Court

Questions (139)

Pa Daly

Question:

139. Deputy Pa Daly asked the Minister for Justice the number of adult wards now in the wards of court system. [39581/24]

View answer

Written answers

The Ward of Courts system is administered through the Courts. Management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie

Information of this nature is held by the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.

Wards of Court

Questions (140)

Pa Daly

Question:

140. Deputy Pa Daly asked the Minister for Justice the number of wards of court who have applied for discharge, by themselves, committees, or others, since commencement of discharge in April 2023. [39582/24]

View answer

Written answers

The Ward of Courts system is administered through the Courts. Management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie

Information of this nature is held by the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.

Wards of Court

Questions (141)

Pa Daly

Question:

141. Deputy Pa Daly asked the Minister for Justice the number of adult wards currently under the remit of the general solicitor of wards of court. [39584/24]

View answer

Written answers

The Ward of Courts system is administered through the Courts. Management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie

Information of this nature is held by the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.

Wards of Court

Questions (142)

Pa Daly

Question:

142. Deputy Pa Daly asked the Minister for Justice the number of adult wards discharged by the general solicitor to date since April 2023. [39585/24]

View answer

Written answers

Management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas at: oireachtasenquiries@courts.ie

Wardship cases are a matter for the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.

Naturalisation Applications

Questions (143)

Bernard Durkan

Question:

143. Deputy Bernard J. Durkan asked the Minister for Justice if her Department has received a new application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [39594/24]

View answer

Written answers

I have been informed that the naturalisation application from the person referred to by the Deputy was received in the Citizenship Division of my Department on the 15 July 2024, and will be registered in due course.

All applicants who make an online application receive a confirmation email to state that the application has been received.

Presently, the Citizenship Division are registering applications from April 2024. Once registered, a Personal ID and Citizenship application reference number will formally issue.

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. I expect that going forward the vast majority of applicants 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.

Naturalisation Applications

Questions (144)

Bernard Durkan

Question:

144. Deputy Bernard J. Durkan asked the Minister for Justice further to Parliamentary Question No. 303 of 24 September 2024, whether all documentation was in order to facilitate an update of stamp 4, now due to expire, in the case of a person (details supplied); and if she will make a statement on the matter. [39602/24]

View answer

Written answers

The person referred to by the Deputy holds a Stamp 4 immigration permission due to expire on 05 October 2024.

The Registration Office has no record of an application to renew this permission from the person concerned. If the person wishes to renew their permission, they can apply using the Immigration Service Delivery online renewal portal available at: inisonline.jahs.ie/user/login

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.

Family Reunification

Questions (145)

Bernard Durkan

Question:

145. Deputy Bernard J. Durkan asked the Minister for Justice if family reunification can be approved in the case of a person (details supplied); and if she will make a statement on the matter. [39603/24]

View answer

Written answers

I can advise the Deputy that my Department has not received an application from the person referred to.

Information is available for EU citizens residing in Ireland who wish to have their family members join them, is available on my Departments website at the following link: www.irishimmigration.ie/coming-to-join-family-in-ireland/joining-an-eea-or-swiss-national/

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 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.

Naturalisation Applications

Questions (146)

Bernard Durkan

Question:

146. Deputy Bernard J. Durkan asked the Minister for Justice if a person (details supplied) qualifies for naturalisation given the existence of an Irish-born child; and if she will make a statement on the matter. [39604/24]

View answer

Written answers

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

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. I expect that going forward the vast majority of applicants will receive a decision within one 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. To date in 2024, my Department has hosted 17 ceremonies with over 14,000 attendees, with further ceremonies planned for later in the year.

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/

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