Written Answers Nos. 452-471
452. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the number of marked and unmarked vehicles allocated to the Garda dog unit as of 7 May 2024; if she will provide same figures as of 1 May 2021, in tabular form; and if she will make a statement on the matter. [21445/24]
Amharc ar fhreagraAs 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, including the purchase, allocation, and effective and efficient use of Garda vehicles. As Minister, I have no role in these independent functions.
The unprecedented allocation of over €2.35 billion for 2024 to An Garda Síochána demonstrates the Government's commitment to ensuring An Garda Síochána has provision for the equipment, technology, facilities, fleet and personnel it needs to carry out vital policing work.
There are now 3,516 vehicles in the Garda fleet, the highest ever, and an increase of over 34% since 2015. The fleet includes 2,658 cars, 565 vans, 139 motorcycles, 102 4x4 and 52 others (refers to MPV, SUV, Minibus or Prisoner Conveyance Vehicles).
The table below, which has been provided to me by the Garda authorities, sets out the number of marked and unmarked vehicles allocated to the Garda Dog Unit on 30 April 2021 and 30 April 2024, the latest date for when figures are available.
|
Dog Unit |
Vans Marked |
Vans Unmarked |
Vans Total |
4x4 Marked |
4x4 Unmarked |
4x4 Total |
Total |
|
30.04.21 |
4 |
4 |
8 |
1 |
0 |
1 |
9 |
|
30.04.24 |
4 |
11 |
15 |
2 |
1 |
3 |
18 |
453. Deputy Carol Nolan asked the Minister for Justice if any person has been excluded from temporary protection due to circumstances (details supplied); and if she will make a statement on the matter. [21450/24]
Amharc ar fhreagraI can advise the Deputy that as of Sunday 12 May 2024, 2565 applicants for Temporary Protection have been refused such status due to having insufficient evidence of residing in Ukraine at the time of the outbreak of the war. Some of these may have presented again with additional and sufficient evidence and been granted. A breakdown of this number is not available. I am informed that to date there have not been any refusals for other reasons.
454. Deputy Niamh Smyth asked the Minister for Justice to review an application (details supplied); to provide an update on this matter; and if she will make a statement on the matter. [21474/24]
Amharc ar fhreagraThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department.
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.
I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
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.
In a little 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. This 66% increase in processing has been achieved through digitising and streamlining processes.
Finally, I can advise the Deputy that the Citizenship Division of my Department continues to communicate regularly with all applicants to keep them informed as to updates on processing times and arrangements.
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.
455. Deputy Aengus Ó Snodaigh asked the Minister for Justice if consideration has been given to the introduction of special measures similar to those introduced to fast-track the processing and facilitation of Ukrainian war refugees under the temporary protection system for those who are fleeing the Israeli genocidal war on Palestine. [21482/24]
Amharc ar fhreagraI am acutely aware of the grave humanitarian crisis in Gaza and my Department is working closely with colleagues in the Department of Foreign Affairs (DFA) to ensure a coordinated national response to this volatile and evolving situation. This includes their work to evacuate Irish citizens and their families who may require visa assistance.My Department is in regular contact with the Embassy of Ireland in Israel regarding a number of visa applications, from residents of Gaza, the West Bank and Lebanon. The Embassy are actively engaging with the applicants to gather the required documents to ensure that the Visa Division of this Department have everything needed progress these applications.The DFA continues to advocate with the authorities in relation to those who have not yet been able to leave, including the immediate dependants of Irish citizens.
While all immigration schemes are kept under constant review, currently, there are no plans to introduce a new scheme along the lines suggested by the Deputy.
Insofar as the Temporary Protection Directive is concerned, this Directive is applicable to what is defined as a "mass influx" into the EU of displaced persons from third countries who are unable to return to their country of origin, circumstances which do not apply at this time in this instance. Activation of the Protection Directive requires a proposal from the EU Commission and a majority decision by the Council of the EU.
457. Deputy Peadar Tóibín asked the Minister for Justice the number of gardaí who have bought back time to retire early in each of the past five years. [21503/24]
Amharc ar fhreagraI have sought the information requested by the Deputy from An Garda Síochána, and will contact him once this is to hand.
|
Year |
Total Number of Gardaí |
|
2024 |
29 |
|
2023 |
175 |
|
2022 |
132 |
|
2021 |
115 |
|
2020 |
157 |
|
2019 |
201 |
|
Total |
809 |
458. Deputy Peadar Tóibín asked the Minister for Justice the average length of time for the first initial decision to be made for international protection applicants for each of the past five years and to date in 2024; and the longest time for an applicant to receive a first decision for the corresponding timeframe. [21504/24]
Amharc ar fhreagra466. Deputy Peadar Tóibín asked the Minister for Justice the number of international protection applicants there have been for each of the past five years up to end-April; 2024, the number of these who IPAS is now unable to locate or does not know their whereabouts; and if she will make a statement on the matter. [21737/24]
Amharc ar fhreagraI propose to take Questions Nos. 458 and 466 together.
My 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.
Making sure that applications are processed quickly means those who need our protection are given the opportunity to re-build their life in Ireland in a timely manner. It also means that those who do not qualify, return to their country of origin.
My Department have taken a significant number of measures to increase the capacity of the international protection system.
In July 2023, I published a report on the international protection modernisation programme for 2023 and 2024. This programme involved unparalleled investment in staff, panel members, reengineered processes, and technology. We have implemented measures to improve efficiencies and throughput as well as enhancing the application, interview and decision-making process for applicants.
One of the priority areas of focus has been to recruit both civil servants and panel members, to increase case processing. My Department recently doubled the staff assigned to the International Protection Office. This has led to the number of decisions issuing increasing threefold and will increase further this year. To the end of April, 5,000 interviews were scheduled this year, compared to 2,800 in the same period in 2023.
Approximately €34m in additional funding was allocated in Budget 2024. This has allowed for the doubling of staff and the trebling of decisions issued.
Alongside of these measures and the impact that they are having, the number of new applications being made continues to increase and remains exceptionally high. In April 2024, 2,024 applications were made, the highest number of applications made in a single month. This increase is having an impact on overall processing times and in anticipation of this my Department is developing a new resourcing plan to further increase staffing, panel members and other resources so as to efficiently meet the new processing needs.
The below table provides a yearly breakdown of IP applications made. Data is subject to cleansing and may change.
|
Year of Application |
Total |
|
2019 |
4,782 |
|
2020 |
1,566 |
|
2021 |
2,648 |
|
2022 |
13,646 |
|
2023 |
13,272 |
|
2024* |
7,668 |
*To 07th May 2024
As of 30th April 2024 there were 21,577 applicants awaiting a first instance decision at the IPO. Of these, 98% (21,080) have been in the system for less than 2 years and almost 70% are less than 1 year.
It should be noted that in the very small number of cases with unusually long processing times, these are typically attributable to circumstances outside of the control of the Department. The reasons for such extended delays in processing can include an applicant who may have an ongoing Judicial Review, certain applicants may be uncontactable or uncooperative, or may be a child with a separate application where a parent has already received a decision but contact has not been maintained with the Department, and some applicants may not be co-operating with the application process itself. Arrangements have been put in place to appropriately resolve such cases without further delay wherever feasible. In many cases, these applications are in effect dormant and the applicant may have left the jurisdiction or has ceased to co-operate with the system. In cases of non-cooperation, an application is processed to conclusion including up to the making of a deportation order. A deportation order is a legal order to leave the State. Any person who has been ordered to leave the State and fails to do so is committing a criminal offence, and can be arrested without warrant if they come into contact with An Garda Síochána. Such an order may remain on the person’s record permanently subject to review by the Minister on request by the person concerned. The existence of a deportation order means they cannot enter Ireland again in future, and it will likely also have an impact on their ability to travel to the UK and the EU.
The Garda National Immigration Bureau (GNIB) carries out inquiries to confirm that people have removed themselves from the State and works closely with my Department to enforce deportations where this is not the case. We know that a much larger number of people will have left the State voluntarily, but as there are no exit checks at Irish borders, it is not possible to accurately quantify this number.
In relation to the location of applicants for international protection, the Deputy will be aware that applicants are not under any obligation to remain in IPAS accommodation. Applicants are obliged to notify the International Protection Office of their current address. Failure to do so is an offence under the International Protection Act 2015 and these applicants can also be dealt with through the non-cooperation procedure.
The table attached details IPO Application Process Times to First Instance Decisions in months.
|
- |
2019 |
2020 |
2021 |
2022 |
2023 |
2024 (Jan-Apr) |
|||||
|
Mean |
Median |
Mean |
Median |
Mean |
Median |
Mean |
Median |
Mean |
Median |
Mean |
Median |
|
19 |
17 |
18 |
17 |
24 |
23 |
20 |
18 |
12 |
13 |
14 |
16 |
|
- |
- |
- |
- |
- |
- |
1 |
1 |
2 |
2 |
3 |
3 |
|
19 |
17 |
18 |
17 |
24 |
23 |
20 |
18 |
15 |
14 |
17 |
18 |
|
<1 |
<1 |
<1 |
<1 |
<1 |
<1 |
||||||
|
142 |
118 |
89 |
170 |
78 |
72 |
*Longest processing time: this is measuring the application created date to the application close date of the application that took the longest time to be decided, out of all the decisions in each calendar year.
459. Deputy Peadar Tóibín asked the Minister for Justice the average length of time for the final decision, including court decisions, to be made for international protection applicants for each of the past five years and to date in 2024; and the longest time for an applicant to receive the final decision for the corresponding timeframe. [21505/24]
Amharc ar fhreagraIt has not been possible to collate complete information as requested by the Deputy in the time allowed. I will write to the Deputy directly when the information is to hand.
460. Deputy Catherine Murphy asked the Minister for Justice if she and or her officials have engaged with the Minister for Transport and or the RSA in respect of undertaking a data impact assessment in regarding plans to use speed cameras and or other types of camera to detect motorists who are using their phones while in control of a vehicle on a public road. [21512/24]
Amharc ar fhreagraRoad safety is a shared responsibility and one which this Government takes very seriously.
We have all been shocked by the recent loss of life on our roads, and concerned by the worrying increase in road fatalities after many years of progress in making our roads safer.
While the focus of An Garda Síochána is on their efforts on enforcement, a multi-faceted approach is required to reduce fatalities and collisions that cause serious injuries. It is acknowledged that technology should be used as part of the solution to reverse some of these trends.
The use of camera technology for the detection of offences other than speeding, such as the non-wearing of seatbelts, is a priority action in the first phase of the Government's Road Safety Strategy.
The Road Safety Transformation Plan Board (RTSPB) was established to support the implementation of this strategy. It consists of officials from the Department of Transport, the Department of Justice, the Roads Safety Authority, An Garda Síochána, Transport Infrastructure Ireland, the National Transport Authority and the Courts Service.
The RTSPB is currently investigating the use of camera enforcement to detect mobile phone use and non-wearing of seatbelts under section 81 of Road Traffic Act 2010.
As the Department of Transport leads on road safety matters, any data impact assessment required prior to the proposed implementation of this action would be a matter for the Department of Transport.
The multi-pronged response of An Garda Síochána encompassing technology, enforcement, media engagement and education is making a difference.
The decision by the Garda Commissioner to direct that all uniform Gardaí should provide 30 minutes of roads policing per shift is already leading to an increase in the number of Lifesaver Offences being detected.
Across the May Bank Holiday weekend, more than 220 Fixed Charge Penalty Notices were issued to drivers detected using their mobile phones whilst driving, as well as over 100 FCPNs for not wearing a seatbelt and 170 issued to unaccompanied learner drivers.
Gardaí also seized 613 vehicles for a range of road traffic offences under section 41 of the Roads Traffic Act over the period.
461. Deputy Jim O'Callaghan asked the Minister for Justice the number of immigration officers policing Dublin port and Rosslare port and Cork port to ensure that human trafficking is not taking place through the illegal transportation of persons into Ireland; and if she will make a statement on the matter. [21593/24]
Amharc ar fhreagraThe Border Management Unit (BMU) of my Department has responsibility for frontline immigration duties at Dublin Airport only. Other airports and other ports of entry are the responsibility of the Garda National Immigration Bureau (GNIB).
I am advised by the Garda Commissioner of that the number of members of An Garda Síochána, trained as Immigration Officers, assigned to Dublin port, Rosslare port and Cork port, in 2023, is as follows:
|
2023 |
|
|
Dublin Port |
25 |
|
Cork City |
14 |
|
Cork County |
<10 |
|
Rosslare Europort |
<10 |
I am advised that while Cork Port has no full time Immigration Officers deployed, other Garda stations from within the District deploy Garda members to Cork Port.
Maintaining the integrity of the immigration system, involves robust controls to prevent illegal entry. Detecting human trafficking and people smuggling forms part of the duties of Immigration Officers at all ports of entry. My Department is taking over the immigration registration function from An Garda Síochána, which will free up to 100 Gardaí for other immigration enforcement work.
A specialised Garda Unit, the Human Trafficking Investigation and Co-ordination Unit (HTICU), has been in place since 2009 to conduct investigations into human trafficking. It also provides advice, support and where necessary, operational assistance to investigations at district level. At present, where GNIB identify a victim of human trafficking, including minors, a Superintendent will request in writing an immigration permission letter for that victim to the Immigration Service. The current policy arrangements are available here: www.irishimmigration.ie/wp-content/uploads/2020/05/Administrative-Immigration-Arrangements-for-the-Protection-of-Victims-of-Human-Trafficking-March-2011-1.pdf
People smuggling is the facilitated, irregular movement of people across borders for a financial or other benefit. While distinct from human trafficking, it is exploitative of vulnerable people and as we have seen, very often the way in which they are smuggled into countries places them in mortal danger.
That is why in 2021 our legislation was strengthened to combat people smuggling both into Ireland and into other countries (including EU Member States and parties to the UN Protocol against people smuggling). The Criminal Justice (Smuggling of Persons) Act 2021 widened the range of scenarios covered by our laws, including intentionally assisting entry, transit or presence where the person knows or has reasonable cause to believe that it is in breach of specified immigration law provisions.
The penalties provided reflect the seriousness with which this crime is taken with a penalty of up to 10 years for assisting unlawful entry into, transit across or presence in the State or in a designated State or for the provision of fraudulent documents used or intended to be used for people smuggling.
The Act also helps facilitate greater cooperation with our colleagues in the UK and across Europe to combat smugglers and Ireland continues to work constructively with our EU partners to ensure that appropriate legislative and operational measures are in place to combat people smuggling and human trafficking.
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 the distribution of Garda members between the different Garda units and Divisions. As Minister, I have no role in such matters. I am however, assured by the Garda Commissioner that this distribution is kept under review in light of emerging crime trends and policing needs.
I can, however, assure the Deputy that the Government is committed to building stronger, safer communities and a strengthened, well-resourced Garda Síochána is central to this policy. This commitment is demonstrated by the unprecedented provision of more than €2.3 billion to the Garda Vote this year, which is allowing for sustained and ongoing recruitment and investment in new equipment and new vehicles.
463. Deputy Marc Ó Cathasaigh asked the Minister for Justice the number of penalty points issued for parking in cycling lanes in each year from 2020 to 2023, in tabular form, both in total and on a geographical basis. [21647/24]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business, including all operational policing matters. I have contacted the Garda authorities and have been advised of the below.
The below table provides the number of Fixed Charge Notices issued for parking on a cycle lane by Garda Region. These figures are as held on the Fixed Charge Processing System and are operational and subject to change.
|
Regions |
2020 |
2021 |
2022 |
2023 |
|
Dublin Region |
375 |
251 |
316 |
261 |
|
Eastern and North Western Regions* |
58 |
41 |
75 |
37 |
|
Southern Region |
106 |
58 |
86 |
233 |
|
Grand Total |
539 |
350 |
477 |
531 |
* Figures less than 10 have been amalgamated for data protection reasons.
An Garda Síochána has further advised that they are not in a position to report on accurate totals of penalty points issued, as penalty points can be issued in a judgment of a relevant Court on conviction for an offence.
As the Deputy will appreciate, the 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.
As Minister I have no role in these matters. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie.
464. Deputy Ged Nash asked the Minister for Justice if any State, semi-State or commercial semi-State agency under the aegis of their Department is aware of any cases of bogus self-employment in any bodies under their remit from 2020 to 1 May 2024; if they will outline if there are currently any cases from such agencies or bodies currently before the SCOPE section of the Department of Social Protection for investigation or determination; if there are any SCOPE findings and recommendations relating to any agencies or bodies under their remit where SCOPE has found in favour of the worker, and where they recommended the reclassification of the workers’ employment status to that of direct employee between 2020 and 1 May 2024; if they will provide information on the numbers involved and the names of the individual agencies and bodies in all cases; and if she will make a statement on the matter. [21696/24]
Amharc ar fhreagraIt has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand.
465. Deputy Peadar Tóibín asked the Minister for Justice the number of times gardaí were called to the scene of domestic violence in each of the past ten years, by county; and if she will make a statement on the matter. [21725/24]
Amharc ar fhreagraCombatting all forms of domestic, sexual and gender-based violence (DSGBV) remains a priority for this Government, for me as Minister for Justice and for the Garda Commissioner.
'Zero Tolerance,' the Third National Strategy on Domestic, Sexual and Gender-based Violence (DSGBV), sets out an ambitious whole of government five-year programme of reform to achieve a society which does not accept DSGBV or the attitudes which underpin these crimes.
The Strategy, which was co-designed with the sector, also has a significant focus on improving the system for victims of these terrible crimes and on ensuring there is a full range of supports and services available nationwide to support and empower victims and survivors.
Building on the successes of previous awareness-raising campaigns, new initiatives on intimate image abuse, the importance of sexual consent in healthy relationships and on the support services - including domestic violence supports - which are available were developed and produced over the past 18 months.
A significant objective has been to encourage victims of Domestic violence to come forward and to report the crimes that are being committed against them. This is an important step because historically there has been an under reporting of domestic, sexual and gender based violence. I welcome that more people who have been impacted are coming forward.
Under Budget 2024, in excess of €7.9m in additional funding for combatting DSGBV has been allocated. This represents a significant increase and will support the implementation of the Zero Tolerance plan - including through the establishment of the new dedicated DSGBV agency, Cuan, which has an overall budget of €59m for 2024.
To strengthen our laws in this area and to encourage more victims to come forward, I have introduced legislation which creates new stand-alone offences of non-fatal strangulation and stalking and I have increased the maximum penalty for assault causing harm, one of the most commonly prosecuted domestic violence related offences, from five to ten years. As the Deputy will be aware, I am also working to create a criminal justice system that better supports vulnerable victims. This is with a view to encouraging more victims to come forward and report what has happened, confident in the knowledge that the system will support and protect them.
As part of that work, there are now divisional protective service units (DPSUs) across the country with specially trained officers who will engage with, and support, vulnerable victims.
In response to the Deputy's query, An Garda Síochána have provided the results of a search of the PULSE database, which was conducted on 09/05/2024 to identify any incident where the incident type is one of:
- Breach of Interim Barring Order
- Breach of Protection Order
- Breach of Barring Order
- Breach of Safety Order
- Domestic Dispute - No Offence Identified
- Breach of Emergency Barring Order
Or is of any incident type, but with a recorded motive of ‘Domestic Abuse’.The attached table provides the outcome of that search broken down by Garda Division.
467. Deputy Bernard J. Durkan asked the Minister for Justice when a temporary stamp will issue in the case of a person (details supplied) whose spouse relocated here from Italy four months ago for work, and who sent the appropriate EUTR1 form by registered post on 22 March 2024; the correct procedure to now be followed to regularise their position; and if she will make a statement on the matter. [21740/24]
Amharc ar fhreagraThe person referred to by the Deputy submitted an application Residence card with the EU Treaty Rights Division of my Department on the 25 March 2024.
Processing of this application is ongoing at present. A letter requesting further documentation was issued to the applicant on 08 May 2024. The applicant should submit the requested documents within the timeframe provided in the letter.
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 (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.
468. Deputy Pádraig O'Sullivan asked the Minister for Justice when naturalized Irish citizens who attended the citizenship ceremony on 26 February 2024 will receive their certificates; the reason for the ten-week delay; and if she will make a statement on the matter. [21764/24]
Amharc ar fhreagraI can advise you that all Certificates of naturalisation for the February Ceremony have been printed and issued via registered post. The delay in issuing certificates is regretted and was the result of unforeseen issues with printing. This issue has been resolved and certs will be issued within a matter of weeks in future.
In a little 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. This 66% increase in processing has been achieved through digitising and streamlining processes.
Last year Citizenship Division more than doubled the number of Citizenship Ceremonies available to applicants with 15 held over the course of the year. These took place in the RDS, Dublin in March, in the INEC, Killarney in June, and in the Convention Centre in both October and December. This was a significant increase on 6 Citizenship Ceremonies held in 2022.
The next Citizenship Ceremonies will take place on 10 and 11 June 2024 at the INEC Killarney and also on 20 and 21 June at the Convention Centre Dublin.Information on Citizenship Ceremonies is available on my Department’s website here: www.irishimmigration.ie/how-to-become-a-citizen/citizenship-ceremonies/
469. Deputy Jennifer Murnane O'Connor asked the Minister for Justice if a pathway could be provided for new members of the gardaí who are foreign born in passport or citizenship applications; and if she will make a statement on the matter. [21767/24]
Amharc ar fhreagraThe 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. I can advise the Deputy, there are no plans provide an additional pathway to naturalisation to benefit members of An Garda Síochána.
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. Once an application is received, a determination on whether the applicant satisfies the statutory criteria for naturalisation will be made.
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/
Issues in relation to passport applications are a matter for the Minister for Foreign affairs.
470. Deputy Martin Browne asked the Minister for Justice the status and progress being made in respect of a citizenship application (details supplied); and if she will make a statement on the matter. [21783/24]
Amharc ar fhreagraThe naturalisation application from the person referred to by the Deputy was received on 3 May 2023 and continues to be processed by my Department.
The median processing time for Naturalisation applications is currently 19 months.
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.
I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
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.
In a little 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. This 66% increase in processing has been achieved through digitising and streamlining processes.
Finally, I can advise the Deputy that the Citizenship Division of my Department continues to communicate regularly with all applicants to keep them informed as to updates on processing times and arrangements.
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.
471. Deputy John Lahart asked the Minister for Justice if she is satisfied that the maximum effort is being made by her Department to fully utilize the Transfer of Sentenced Persons Act 1995 to return any convicted criminals to their own countries; and if she will make a statement on the matter. [21814/24]
Amharc ar fhreagraAs the Deputy is aware, the Transfer of Sentenced Persons Act 1995 implements the 1983 Council of Europe Convention on the Transfer of Sentenced Persons in Ireland.
The Convention provides the current mechanism through which non-nationals serving sentences in Ireland may apply to serve the remainder of their sentences in their own countries, where those countries are party to the Council of Europe Convention on the Transfer of Sentenced Persons and are not EU Member States. Similarly, Irish people who are imprisoned overseas in such countries may apply to serve the remainder of their sentences in Ireland.
The policy of the Convention, which is based on humanitarian considerations, is to overcome the difficulties posed for people serving sentences in foreign jurisdictions, such as absence of contact with relatives and differences in languages and culture. In this regard, it has been long established Government policy that, whenever possible, prisoners should be permitted to serve their sentences in their own country.
A transfer may be requested by either the state in which the sentence was imposed (the sentencing state) or the state of which the sentenced person is a national (the administering state) and is subject to the consent of those two states, as well as the consent of the sentenced person.
The Convention sets out six prerequisites for transfers, which are mirrored in the 1995 Act:
(i) The sentenced person must be a national of the state to which the transfer is sought;(ii) The order or judgement on foot of which the sentence was imposed must be final;(iii) At the time of the application, there must be at least six months of the sentence remaining to be served;(iv) The act or omission constituting the offence must also constitute an offence in the administering state;(v) The sentenced person must consent to the transfer;(vi) and both the sentencing state and the administering state must consent to the transfer.
The Convention does not confer an automatic right to transfer, nor does it impose an obligation on either state to agree to a transfer request. All requests are decided upon following preparation of reports from several agencies, and require the consent of all three parties (the person, the sentencing state and the administering state) to proceed and, as I am sure the Deputy will appreciate, applications of this nature are complex and require legal assessment on a case-by-case basis.
While the Convention does not require that reasons must be given for refusal, the 1995 Act provides that, where practicable and not legally precluded, a statement specifying the grounds for refusal will be provided to the sentenced person or requesting state, as appropriate.
I can assure the Deputy that the Government supports the Council of Europe policy of encouraging states to ratify and operate the Convention. I am advised by officials in the Irish Prison Service, who are the competent body for the administration of the Transfer of Sentenced Persons Acts, that there are currently 30 applications for outward transfer from Irish prisons currently in various stages of processing.
I can also assure the Deputy that applications made under the 1983 Convention receive the necessary attention and are progressed as quickly as possible. However, due to the complexity of the documentation required to effect a transfer between other states and Ireland, the process of information exchange can take significant time to complete.
Information regarding the opportunity to apply for a transfer abroad is contained in the Prisoner Information booklet which all people committed to custody receive and is also shown on the Prisoner In-cell TV channel.
The Deputy will also be aware that the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 was signed into law on 1 March 2023 and was commenced on 3 May 2023. Alongside transposing EU Framework Decision 2008/909/JHA, which supersedes the Convention in respect of intra-EU prisoner transfers, it also amended the Transfer of Sentenced Persons Acts in respect of transfers under the Convention to address legal issues arising with inward transfer requests in particular.
