Written Answers Nos. 368-387
372. Deputy Richard Bruton asked the Minister for Justice if she can confirm whether a victim of a serious assault is entitled to be made aware of the release date of her attacker, where that attacker has been held in a mental health facility after the conviction as in a case (details supplied). [20427/24]
Amharc ar fhreagraI can advise the Deputy that the person mentioned in the details supplied recently met with senior officials from my Department to discuss the particular circumstances of this case.
As the Deputy will be aware, this is a very unusual case in that the individual convicted for the attempted murder of the person referred to in the Question has served the sentence handed down for that crime, but is separately detained, for a concurrent but longer period of detention, in the Central Mental Hospital on foot of an unrelated criminal offence. This means that the person who was the victim is entitled to be informed of the release date in relation to the criminal conviction, but that right is moot in this instance, as the perpetrator will not be released on that date, but instead will remain in the Central Mental Hospital for a longer period of time.
Following the meeting, my officials have committed to examining how we can ensure that a person’s right to information about the release date would continue to operate where the actual date of release from detention is deferred due a separate detention in the CMH on an unrelated matter, including whether amending legislation might be required.
373. Deputy Claire Kerrane asked the Minister for Justice if she will review new laws in relation to coercive control following correspondence (details supplied); and if she will make a statement on the matter. [20443/24]
Amharc ar fhreagraAs the Deputy will be aware, Section 39 of the Domestic Violence Act 2018 provides for the offence of coercive control. I understand that the issues raised in the correspondence referred to by the Deputy relate to the handling of a particular case by An Garda Síochána and the Courts Service rather than the legislative provisions involved.
As Minister for Justice I am acutely aware of the need for vulnerable victims to be supported and I am committed to ensuring An Garda Síochána have what is needed to combat all forms of Domestic, Sexual and Gender-Based Violence (DSBGV) and to support victims and survivors and that our justice system is victim-centred.
While An Garda Síóchána have made significant progress in how they engage with, and support, vulnerable victims including through the national roll out of Divisional Protective Service Units, the 2024 implementation plan for the third national strategy on DSGBV recognises that more needs to be done. It contains a number of actions aiming to strengthen the response of An Garda Síochána to domestic violence incidents including by: increasing prosecutions of breaches of civil orders provided for in domestic violence and family law settings; ensuring that training and knowledge around prosecutions of domestic abuse orders, in particular barring orders, is reiterated and reinforced to the operational ranks of An Garda Síochána, and by providing for enhanced oversight of An Garda Síochána’s response to Domestic Violence incidents.
As the Deputy will appreciate, as Minister for Justice I cannot comment on the handling of any individual case by the judiciary who are independent in their functions. However, I am leading on an ambitious programme of family justice reform, and a central element of this is the establishment of dedicated Family Courts with specialist judges assigned on a full-time basis. This will ensure our family justice system works better for everyone engaging with it, but particularly for those who need additional supports and protections, such as domestic violence victims.
380. Deputy Ivana Bacik asked the Minister for Justice if she will report on the written standard operating procedure for returning asylum seekers between the UK and Ireland, as agreed in November 2020; and if the document is publicly available. [20493/24]
Amharc ar fhreagra381. Deputy Ged Nash asked the Minister for Justice to provide a copy of the written agreement with the UK in November 2020 that seeks to protect the integrity of the Common Travel Area between Ireland and the UK, and which, it is reported, provides for reciprocal returns of asylum seekers who are deemed inadmissible; and if she will make a statement on the matter. [20522/24]
Amharc ar fhreagraI propose to take Questions Nos. 380 and 381 together.
I can assure the Deputy that I am fully committed to ensuring that Ireland’s International Protection system is robust, and rules based, and that our borders are protected.
As the Deputy will be aware Ireland and the UK share a common interest in the effective operation of the Common Travel Agreement, and work closely together to prevent any abuses of the CTA.
There has been a reciprocal arrangement on returns in place between Ireland and the United Kingdom since Brexit. This arrangement is detailed in a standard operating procedure agreed in November 2020 between the Home Office and the Department of Justice. This document is not publicly available as it is not the practice to put operational procedures in the public domain so as to any avoid any impact on the effectiveness of such operations. We have a long history of working closely in a spirit of positive cooperation with the UK on immigration matters, including a shared focus on protecting vulnerable people and maintaining the integrity of the Common Travel Area.
The Standard Operating Procedure sets out these shared objectives and sets out an outline of workflow processes, and best practice for repatriation while ensuring the process is administered fairly within approved policy guidelines.
The procedure is an operational guide for processes rooted in the following legislation:
In Ireland:
• The International Protection Act 2015
• Part 18 of the Withdrawal of the UK from the EU (Consequential Provisions) Act 2020 which deals with cooperation on international protection matters.
In the UK:
• The Immigration Rules Part 11
• Asylum and Immigration (Treatment of Claimants etc) Act 2004
An Irish High Court decision in March raised questions in relation to the provisions in Irish legislation dealing with the designation of safe third countries and the return of persons found to be inadmissible to other states. I recently secured Cabinet approval for legislative proposals to address those concerns, allow for the designation of safe third countries and the return of persons sound to be inadmissible to other states. This builds on other recent initiatives to strengthen the international protection system in Ireland.
383. Deputy Niamh Smyth asked the Minister for Justice for an update on an application (details supplied); and if she will make a statement on the matter. [20609/24]
Amharc ar fhreagraThe visa application referred to by the Deputy was created on the 25/03/2024. The supporting documentation was received in the Madrid office on 24/04/2024. The application will be forwarded to the Dublin Visa Office for examination and processing.
Long Stay Join Family visa applications are processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification. This policy document may be accessed at the following link: www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf.
This Policy Document contains a stated business target that visa applications for family reunification for immediate family members of Irish citizens and Category A sponsors, such as Critical Skills Employment Permit Holders, should be dealt with within 6 months of application. However, it must be made clear that these are business targets for the immigration service. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.
It is not possible to give a definitive date as to when this application will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available. The applicant is advised not to pay for airline or other travel tickets without having first been issued with a visa.
The applicant will be notified as soon as a decision has been reached by a Visa Officer.
Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday: www.irishimmigration.ie/visa-decisions/.
384. Deputy Catherine Murphy asked the Minister for Justice if she will provide a schedule to include the number of and county of arrival of persons who presented to the International Protection Office and ports of entry in this State who were subsequently referred to TUSLA for an assessment for services under the Child Care Act from 2022, 2023 and to date in 2024; and the number of persons who following that assessment by TUSLA are referred back to the IPO following a determination that they are an adult.; and if she will make a statement on the matter. [20611/24]
Amharc ar fhreagra385. Deputy Catherine Murphy asked the Minister for Justice if she will provide the number of persons who were referred to TUSLA by the International Protection Office for an assessment for services under the Child Care Act in 2022, 2023 and to date in 2024; and the number of those referrals that are now unaccounted for and or missing. [20612/24]
Amharc ar fhreagraI propose to take Questions Nos. 384 and 385 together.
Where is appears to the International Protection Office (IPO) that an applicant is a minor, the person in question is referred to Child and Family Agency (TUSLA) .
TUSLA undertakes an assessment for eligibility for services and for those deemed to be unaccompanied minors, TUSLA support the young persons in making an application. There have been cases where TUSLA have deemed a young person not eligible for services and the young person has then completed an application for international protection as an adult.
Last year, IPO received 180 applications from unaccompanied minors.
Please note all data provided is correct at time of issue and may be subject to data cleansing.
|
Referrals from IPO to Tusla in 2024 |
|
|
Afghanistan |
29 |
|
Burundi |
<=5 |
|
Cameroon |
<=5 |
|
Congo DR |
<=5 |
|
Jordan |
<=5 |
|
Morocco |
<=5 |
|
Nigeria |
13 |
|
Pakistan |
<=5 |
|
Palestine |
<=5 |
|
Palestinian |
<=5 |
|
Somalia |
25 |
|
Sudan |
<=5 |
|
Syria |
<=5 |
|
Tunisia |
<=5 |
|
Vietnam |
<=5 |
|
Yemen |
<=5 |
|
Grand Total |
89 |
|
Referrals from IPO to Tusla in 2023 |
|
|
Afghanistan |
72 |
|
Albania |
<=5 |
|
Algeria |
10 |
|
Bangladesh |
<=5 |
|
China |
<=5 |
|
Congo DR |
<=5 |
|
Egypt |
8 |
|
Eritrea |
<=5 |
|
Ghana |
<=5 |
|
Guinea |
<=5 |
|
Iraq |
<=5 |
|
Kenya |
<=5 |
|
Nigeria |
14 |
|
Pakistan |
8 |
|
Sierra Leone |
<=5 |
|
Somalia |
45 |
|
South Africa |
<=5 |
|
Sudan |
<=5 |
|
Syria |
<=5 |
|
Grand Total |
185 |
|
Referrals from IPO to Tusla in 2022 |
|
|
Afghanistan |
73 |
|
Albania |
<=5 |
|
Algeria |
8 |
|
Cameroon |
<=5 |
|
Congo DR |
<=5 |
|
Egypt |
7 |
|
Eritrea |
<=5 |
|
Guinea |
<=5 |
|
India |
<=5 |
|
Ivory Coast |
<=5 |
|
Morocco |
<=5 |
|
Nigeria |
6 |
|
Pakistan |
<=5 |
|
Palestine |
<=5 |
|
Sierra Leone |
<=5 |
|
Somalia |
59 |
|
South Africa |
<=5 |
|
Sudan |
<=5 |
|
Syria |
<=5 |
|
Tunisia |
<=5 |
|
Ukraine |
<=5 |
|
Grand Total |
181 |
386. Deputy Niamh Smyth asked the Minister for Justice if she will expedite an application (details supplied); and if she will make a statement on the matter. [20620/24]
Amharc ar fhreagraAn application for temporary and limited permission to remain from the person referred to by the Deputy was received on 09 February 2024 and continues to be processed.
In the interests of fairness, applications are dealt with in strict chronological order. My Department 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 applications, whether further information is required, and the resources available.
Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas mail facility (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 email service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
387. Deputy Paul Donnelly asked the Minister for Justice further to Parliamentary Question No. 905 of 9 April 2024, if she has received the necessary information from the Garda authorities in order to answer this question. [20640/24]
Amharc ar fhreagraI understand that Parliamentary Question No. 905 of 9 April 2024 refers to the number of Gardaí, by rank attached to each protestor removal team within DMR, in tabular form.
As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including for the recruitment, training and allocation of Garda members and staff to a given unit. As Minister, I have no role in such matters.
I am informed by the Garda authorities that training courses available from the Garda College are provided on a needs basis, and with regard to the operational requirements of the Garda organisation.
The purpose of the Protester Remover course is to equip selected members with the skills and training necessary to facilitate the policing of non-violent direct action protests.
To be of assistance, I have contacted the Garda authorities who have informed me that currently there are 27 Gardaí and fewer than 10 Sergeants attached to Protestor Removal teams within the DMR.
I am further advised that the information cannot be broken down by District as it is not the policy of An Garda Síochána to further report on numbers that are fewer than 10. In cases where the requested figures are fewer than 10, the personnel referenced may be identifiable to the general public, thus posing a potential risk to their safety. Furthermore, An Garda Síochána, along with fellow Government Departments and public bodies, is bound by existing Data Protection legislation; the release of figures fewer than 10 has the potential to compromise the protection and privacy of individuals employed by An Garda Síochána and moreover constitute a breach of this legislation and the General Data Protection Regulation (GDPR).
You may also be interested to know that, in order to further support front-line Gardaí, including Public Order Units, the Garda Senior Management Team has agreed on a range of measures, which includes the following:
• stronger incapacitant spray,
• expansion of the dog unit,
• increasing public order training,
• more tasers for public order policing, and
• provision of hand-held video cameras for public order units.
