Written Answers Nos. 395-404
395. Deputy Ivana Bacik asked the Minister for Justice if her attention has been drawn to issues experienced by foreign nationals while travelling (details supplied); and her plans to alleviate the problem, including by issuing visas to minors. [3732/24]
Amharc ar fhreagraMy Department is familiar with the issues referred to by the Deputy.
The re-entry visa requirements for children under 16 were suspended in 2022. The processing of these applications required customers to submit their passports and suspending these requirements for children under 16 allowed my Department to minimise or avoid potential disruption to customers and their travel plans.
Children under 16 who are currently residing in the State and who wish to re-enter the State, must be accompanied by their parent or legal guardian who holds an in date immigration permission to reside in the State. The adult accompanying the child must also provide appropriate documentation to prove they are the legal parent or guardian of the child in question.
My Department has advised all airlines and foreign missions of the suspended re-entry visa initiative in place. Those who are travelling may rely on the published notice on my Department's immigration website at: www.irishimmigration.ie/suspension-of-re-entry-visa-requirements-for-children-under-the-age-of-16-years/.
After a recent communication with the Indian embassy, the Department has again contacted all airlines to highlight the Irish entry policy for legally resident minor children who are returning to Ireland from abroad.
In light of the issues raised, my Department is reviewing the arrangements in place in this regard.
396. Deputy Mattie McGrath asked the Minister for Justice the reason Ireland has not opted out of EU immigration policies, considering that under Article 29.4.7 of the Irish Constitution, Ireland can legally opt out of such policies under Protocol 19 of the Lisbon Treaty; and if she will make a statement on the matter. [3748/24]
Amharc ar fhreagraMy Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.
On the issue of participation in EU measures, Ireland made a declaration when the Lisbon Treaty entered into force stating its firm intention to take part in the adoption of measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union (measures in the area of freedom, security and justice) to the maximum extent it deems possible. A similar commitment was made in relation to the Treaty of Amsterdam.
In addition to those formal commitments under the treaties, Ireland has opted in to measures in the migration area in recognition that the challenges presented by migration and asylum cannot be effectively addressed by any state acting alone in an increasingly globalised and interdependent world. Working with our fellow Member States allows us the opportunity to operate in a more coherent and effective manner in managing asylum and migration.
The decision to opt-in to any particular EU measure is considered by the relevant Department and brought for a formal Government decision of approval following all necessary consultations with other Government Departments and the Attorney General’s Office. In order to formally opt-in to any measure under Title V of Part Three of the TFEU, the Government must first, in accordance with Article 29.4.7, obtain the prior approval of both Houses of the Oireachtas, which it does in all such instances.
397. Deputy Mattie McGrath asked the Minister for Justice to provide details on each EU immigration policy that Ireland has opted into, including the dates when the Government decided to opt in or out and when the measure was passed by both Houses of the Oireachtas; and if she will make a statement on the matter. [3749/24]
Amharc ar fhreagraThe information requested is currently being compiled and I will write to the Deputy directly once the information is to hand.
|
Measure |
In Force Y/N |
Date of Government Decision |
Date of Oireachtas Approval |
|
2007/341/EC: Council Decision of 19 April 2007 on the conclusion of the Agreement between the European Community and the Russian Federation on readmission |
Y |
27/11/2012 |
26/02/2013 |
|
2011/118/EU: Council Decision of 18 January 2011 on the conclusion of the Agreement between the European Union and Georgia on the readmission of persons residing without authorisation |
Y |
27/11/2012 |
26/02/2013 |
|
2007/820/EC: Council Decision of 8 November 2007 on the conclusion of the Agreement between the European Community and Bosnia and Herzegovina on the readmission of persons residing without authorisation |
Y |
27/11/2012 |
26/02/2013 |
|
2007/817/EC: Council Decision of 8 November 2007 on the conclusion of the Agreement between the European Community and the former Yugoslav Republic of Macedonia on the readmission of persons residing without authorisation |
Y |
27/11/2012 |
26/02/2013 |
|
2005/809/EC: Council Decision of 7 November 2005 concerning the conclusion of the Agreement between the European Community and the Republic of Albania on the readmission of persons residing without authorization |
Y |
27/11/2012 |
26/02/2013 |
|
2004/424/EC: Council Decision of 21 April 2004 concerning the conclusion of the Agreement between the European Community and the Macao Special |
Y |
27/11/2012 |
26/02/2013 |
|
Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation |
|||
|
Council Decision 2005/372/EC of 3 March 2005 concerning the conclusion of the Agreement between the European Community and the Democratic Socialist Republic of Sri Lanka on the readmission of persons residing without authorisation. |
Y |
27/11/2012 |
26/02/2013 |
|
2007/819/EC: Council Decision of 8 November 2007 on the conclusion of the Agreement between the European Community and the Republic of Serbia on the readmission of persons residing without authorisation |
Y |
27/11/2012 |
26/02/2013 |
|
Decision 2007/826 - 2007/826/EC: Council Decision of 22 November 2007 on the conclusion of the Agreement with Moldova on the readmission of persons residing without authorisation |
Y |
27/11/2012 |
26/02/2013 |
|
2010/649/EU: Council Decision of 7 October 2010 on the conclusion of the Agreement between the European Community and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation |
Y |
27/11/2012 |
26/02/2013 |
|
Council Decision (EU) 2015/1523 of 14 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and of Greece |
N |
29/09/2015 |
01/10/2015 |
|
Decision No 258/2013/EU of the European Parliament and of the Council of 13 March 2013 amending Decisions No |
N |
20/11/2012 |
29/11/2012 (Seanad) 20/12/2012 (Dáil) |
|
573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC with a view to increasing the co- financing rate of the European Refugee Fund, the European Return Fund and the European Fund for the Integration of third- country nationals as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability |
|||
|
Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece |
N |
29/09/2015 |
01/10/2015 |
|
Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast) |
Y |
21/11/2017 |
23/01/2018 |
|
Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a |
Y |
06/05/2014 |
03/07/2014 |
|
stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (recast) |
|||
|
Regulation (EU) No¬439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office |
N |
02/04/2009 |
14/05/2009 |
|
Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice |
N |
14/02/2012 |
13/03/2012 |
|
Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) |
Y |
10/02/2009 |
25/02/2009 |
|
Regulation (EU) No 514/2014 of the European Parliament and of the Council of 16 April 2014 laying down general provisions on the Asylum, Migration and Integration |
Y |
28/02/2012 |
13/03/2012 |
|
Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management |
|||
|
Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No †573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC |
Y |
13/03/2012 |
|
|
Regulation (EU) 2017/1954 of the European Parliament and of the Council of 25 October 2017 amending Council Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals |
Y |
12/06/2020 |
23/07/2020 (Seanad) 28/07/2020 (Dáil) |
|
Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 |
Y |
12/09/2018 |
11/04/2019 |
|
Regulation (EU) 2018/2000 of the European Parliament and of the Council of 12 December 2018 amending Regulation (EU) No 516/2014 of the European |
Y |
04/12/2018 |
06/12/2018 |
|
Parliament and of the Council, as regards the recommitment of the remaining amounts committed to support the implementation of Council Decisions (EU) 2015/1523 and (EU) 2015/1601 or the allocation of those amounts to other actions under the national programmes |
|||
|
Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 |
Y |
18/10/2022 |
22/03/23 (Dáil) 23/03/23 (Seanad) |
|
Decision No 575/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the European Return Fund for the period 2008 to 2013 as part of the General Programme Solidarity and Management of Migration Flows |
N |
20/06/2005 |
01/07/2005 |
|
2004/80/EC: Council Decision of 17 December 2003 concerning the conclusion of the Agreement between the European Community and the Government of the Hong Kong Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation |
Y |
26/06/2002 |
|
|
2007/435/EC: Council Decision of 25 June 2007 establishing the European Fund for the Integration of third-country nationals for the period 2007 to 2013 as part of the General programme Solidarity and Management of Migration Flows |
N |
20/06/2005 |
01/07/2005 |
|
Decision No 573/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme Solidarity and Management of Migration Flows and repealing Council Decision 2004/904/EC |
N |
20/06/2005 |
01/07/2005 |
|
2000/596/EC: Council Decision of 28 September 2000 establishing a European Refugee Fund |
N |
04/04/2000 |
18/04/2000 (Dáil) 19/04/2000 (Seanad) |
|
2006/688/EC: Council Decision of 5 October 2006 on the establishment of a mutual information mechanism concerning Member States' measures in the areas of asylum and immigration |
Y |
06/12/2005 |
15/12/2005 |
|
2004/573/EC: Council Decision of 29 April 2004 on the organisation of joint flights for removals from the territory of two or more Member States, of third-country nationals who are subjects of individual removal orders |
Y |
29/10/2003 |
11/11/2003 |
|
2008/381/EC: Council Decision of 14 May 2008 establishing a European Migration Network |
Y |
June 2008 |
09/07/2008 |
|
2004/904/EC: Council Decision of 2 December 2004 establishing the European Refugee Fund for the period 2005 to 2010 |
N |
20/04/2004 |
06/05/2004 |
|
Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as |
Y (for Ireland) |
25/01/2002 |
13/02/2002 |
|
persons who otherwise need international protection and the content of the protection granted |
|||
|
Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third- country nationals for the purposes of scientific research |
Y (for Ireland) |
01/06/2004 |
01/07/2004 |
|
Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status |
Y (for Ireland) |
30/01/2001 |
13/02/2001 (Dáil) 14/02/2001 (Seanad) |
|
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof |
Y |
16/10/2001 |
19/02/03 (Dáil) 25/02/03 (Seanad) |
|
Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence |
Y |
28/03/2002 |
|
|
Council Regulation (EC) No 380/2008 of 18 April 2008 amending Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals |
Y |
11/11/2003 |
18/12/2003 |
|
Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective |
N |
05/10/1999 |
13/10/1999 |
|
application of the Dublin Convention |
|||
|
Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national |
N |
09/10/2001 |
25/10/2001 |
|
Measure |
In Force Y/N |
|
Decision No 458/2010/EU of the European Parliament and of the Council of 19 May 2010 amending Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 by removing funding for certain Community actions and altering the limit for funding such actions |
N |
|
Council Decision of 7 March 2011 on the conclusion of a Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland |
Y |
|
2006/188/EC: Council Decision of 21 February 2006 on the conclusion of the Agreement between the European Community and the Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national and Council Regulation (EC) No 2725/2000 concerning the establishment of Eurodac for the comparison of fingerprints for the effective application of the Dublin Convention |
Y |
|
2008/147/EC: Council Decision of 28 January 2008 on the conclusion on behalf of the European Community of the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland |
Y |
|
2006/167/EC: Council Decision of 21 February 2006 on the conclusion of a Protocol to the Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request |
Y |
|
for asylum lodged in a Member State or in Iceland or Norway (Text with EEA relevance) |
|
|
2001/258/EC: Council Decision of 15 March 2001 concerning the conclusion of an Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or Iceland or Norway |
Y |
|
2009/487/EC: Council Decision of 24 October 2008 on the conclusion of a Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland |
Y |
398. Deputy Michael Ring asked the Minister for Justice where a person (details supplied) should apply to for the renewal of their IRP card considering that it expired some time ago and in light of the conflicting information they have been provided with; and if she will make a statement on the matter. [3764/24]
Amharc ar fhreagraThe person referred to by the Deputy was granted De Facto Partner Permission by the Immigration Service of my Department on 2 February 2018.
Their application for renewal was refused as the person concerned requires a new permission letter from the Domestic Residence and Permissions Division of my Department. The person concerned should write to the Domestic Residence and Permissions Division outlining their current circumstances in the State. They can submit this information to; Unit A, Domestic Residence and Permissions Division, PO Box 12695, Dublin 2.
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 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 email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
399. Deputy Catherine Murphy asked the Minister for Justice if her Department has availed of services and or consultancy from a list of related companies (details supplied) in the past five years to date; if so, if she will provide a schedule of costs and the purpose for which the company was engaged; and if she continued to use services provided by it. [3785/24]
Amharc ar fhreagraI can inform the Deputy that one of the companies she has referenced was contracted by the Garda Síochána Ombudsman Commission, following an open tender competition, to conduct an organisational review which was funded by my Department. I understand the cost of this work was €175,939 and a report was completed and published in 2023.
400. Deputy Neasa Hourigan asked the Minister for Justice when the review of Part 4 of the Criminal Law (Sexual Offences) Act 2017 will be published; and if she will make a statement on the matter. [3840/24]
Amharc ar fhreagra411. Deputy Brian Leddin asked the Minister for Justice for a timeline on the completion of the review of Part 4 of the Criminal Law (Sexual Offences) Act 2017; and if she will make a statement on the matter. [3939/24]
Amharc ar fhreagraI propose to take Questions Nos. 400 and 411 together.
A key purpose for the 2017 Sexual Offences Act was to provide additional protection to persons involved in prostitution, especially vulnerable persons and victims of human trafficking.
It allows those engaged in prostitution to provide information to Gardaí, for instance if they were subjected to violence by clients, without fear of prosecution for selling sexual services. Section 27 of the 2017 Act provides for a review of Part 4 of the Act 3 years after its commencement.
Given that the goal of the legislation is to protect vulnerable persons, the review will include consideration of whether further measures are needed to strengthen protection for persons who engage in sexual activity for payment.
As part of the review, an online public consultation was opened and contributions were received from a broad range of organisations with different perspectives.
My Department commissioned an independent consultant to undertake this statutory review but, due to a number of reasons, it was not possible for the review to be completed within the desired timeframe.
The Department is considering the best options to conclude the review in a timely and thorough fashion and I expect to be in a position to decide on the next steps in the near future so that the review can be completed without any further undue delay.
401. 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); and if she will make a statement on the matter. [3842/24]
Amharc ar fhreagraThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department. A letter regarding this application issued to the applicant on 2 January 2024.
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.
402. Deputy Joe Flaherty asked the Minister for Justice for an update on a change of immigration application for a person (details supplied); and if there is a timeframe for which it might be processed and concluded. [3847/24]
Amharc ar fhreagraI am advised that the person referred to by the Deputy submitted an application for a change of immigration status which was received by the Domestic Residence and Permissions Division of my Department on 06 December 2023.
Applications are dealt with in strict chronological order of receipt. The Division endeavours to process applications as quickly as possible, however, processing times may vary due to a number of factors, such as the number of applications on hand, individual circumstances, the complexity of an application and whether or not further information is required.
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 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 email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
403. Deputy Michael McNamara asked the Minister for Justice how many applicants for international protection in respect of whom was it determined in 2020, 2021, 2022, or 2023, respectively, was a determination made that the fact that, a first instance decision in respect of the applicant's protection application has not been made can be attributed, or attributed in part, to the applicant or that he or she, without reasonable excuse, is failing, or has failed to comply with an obligation under an enactment relating to the application, respectively. [3865/24]
Amharc ar fhreagraThe International Protection Act 2015, places a duty on applicants to cooperate with the process, and the details of the process are covered in Section 38 of the Act. The International Protection Office (IPO) writes to applicants who are not cooperating with the process at their last known address, giving them notice that they may be failing in their duty to cooperate, and giving them the opportunity to engage with the process.
The IPO copies this letter to their legal representative where known. In the event an applicant does not respond and continues not cooperating with the process, the IPO will proceed to make a recommendation. This is done on the basis of the information available as submitted by the applicant or their legal representative. Such recommendations are then followed by the normal steps, up to and including issuing a Deportation Order. Separate statistics are not available on the number of cases that were concluded in these circumstances for the years in question.
404. Deputy Sean Sherlock asked the Minister for Justice the number of outstanding GNIB renewal appointments; and the length of time it is expected each appointment will have before one is granted for stamp renewal, by each GNIB station, in tabular form. [3869/24]
Amharc ar fhreagra405. Deputy Sean Sherlock asked the Minister for Justice the number of gardaí specifically allocated to working on stamp renewals, by station, in tabular form. [3870/24]
Amharc ar fhreagra406. Deputy Sean Sherlock asked the Minister for Justice if she is aware of the significant delays impacting the working lives for applicants seeking stamp renewal; and if she will make a statement on the matter. [3871/24]
Amharc ar fhreagraI propose to take Questions Nos. 404 to 406, inclusive, together.
The Garda National Immigration Bureau (GNIB) has responsibility for the first time registration and renewal of Irish immigration residence permissions for persons residing outside of the Dublin area. My Department's Registration Office in Burgh Quay is responsible for registering immigration permissions for customers residing in the Dublin area only.
The responsibility of the registration function at Immigration Offices outside of the Dublin rests with local Superintendents or the relevant Detective Superintendent. The deployment of Gardaí in this regard is an operational matter for the Garda authorities.
I am advised by an Garda Síochána that the requested information is not readily available and would require a disproportionate amount of Garda time and resources to compile.
It should note that applications for renewal of residence permission, including when changing stamp category, are accepted up to 12 weeks prior to expiry to allow sufficient time for processing.
