Written Answers Nos. 196-215
196. Deputy Bernard J. Durkan asked the Minister for Social Protection if she is aware of the extent to which former partners barred from the family home for very valid reasons continue to make a negative impact on the lives of their families and extended families, particularly when disputes have arisen over maintenance payments and it affects their social welfare payments (details supplied); and if she will make a statement on the matter. [27786/24]
Amharc ar fhreagraI would like to advise the Deputy that all matters relating to Family Law are a matter for my colleague, the Minister for Justice.
The Social Welfare and Civil Law (Miscellaneous Provisions) Act 2024 provides for changes to the assessments of means. As a result, child maintenance payments are now excluded from the assessment as means for any means or income tested payment provided by my Department. I am delighted to have brought the change to the social welfare means test into effect from the week beginning 4th June.
This change means that many lone parents on reduced rates of payment will see their payment increase and those who may not have qualified at all up to this point may now be able to access a payment. People do not need to take any action in order to benefit from this measure. The Department is undertaking a significant project to identify and review those claims where a maintenance payment has already been assessed. My Department has been contacting those affected and will continue to do so over the next few weeks to advise them of the review and any resulting changes to their payment.
In addition, since late 2022 my Department ceased applying the "efforts to seek maintenance" requirement for the One-Parent Family and Jobseeker's Transitional Payments. This was done on an administrative basis initially until I signed a Regulation in 2023 to remove this provision from the scheme rules. This requirement had often involved applicants having to go to Court. This change removed an additional stress for parents and will help to reduce the burden on the courts system. It should be noted that this provision was not applied in cases where a barring order was in place or in any situation where it's application would have put anyone in a dangerous situation.
These changes reflect recommendations of the Report of the Child Maintenance Review Group in relation to the social welfare system which the Government accepted. These changes also have the effect of decoupling child maintenance and the social welfare system.
I trust this clarifies the position for the Deputy.
197. Deputy Bernard J. Durkan asked the Minister for Social Protection to provide an update on the eligible social welfare contributions for entitlement to the State pension (contributory) or the State pension (non-contributory) in the case of a person (details supplied); if they should follow a particular procedure, given that they were a member of a religious order; and if she will make a statement on the matter. [27788/24]
Amharc ar fhreagraThe person concerned will reach pension age in 2026.
An individual’s state pension (contributory) entitlement depends on factors such as a person’s social insurance record, their attachment to the workforce and their countries of employment. It is advisable that all contributors maintain their social insurance record as fully as possible over their working life.
As the person concerned was born on or after 01 January 1958, they have the option to claim their State Pension (contributory) on any date between the age of 66 and 70. These new arrangements may help them to qualify for state pension (contributory) or to receive a higher rate of pension.
Under current eligibility conditions, an individual must have at least 520 full-rate paid contributions in order to qualify for the standard State pension (contributory). 520 full-rate contributions equate to 10 years of full-rate insurable employment.
If a person does not qualify for the standard state pension (contributory) and has worked in a country with which Ireland has a Bilateral agreement or one or more EU countries, they may qualify for a pro-rata pension. To qualify for a pro-rata pension their social insurance record from one of these countries can be combined with their Irish insurance record to satisfy the conditions.
If the person concerned has provided full time care to incapacitated dependents for 20 years or more (1040 weeks), it is open to them to apply for long-term carers contributions. If eligible, the equivalent of paid contributions will be attributed to cover gaps in their contribution record. The periods of caregiving do not need to be consecutive. The quickest way to apply for long-term carers contributions is online at MyWelfare.ie.
I have arranged for a copy of the social insurance record of the person concerned to issue along with a detailed explanatory note to assist in understanding their record, and information on how to calculate entitlement to state pension (contributory). If they consider that there are additional contributions or credits that have not been recorded, it is open to them to forward documentary evidence to Social Welfare Services, College Road, Sligo, F91 T384.
Further information about the changes in State pension (contributory) and long-term carers contributions are available on the Government website at gov.ie/pensions.
Where a person aged 66 or over does not satisfy the conditions to qualify for a state pension (contributory) or qualifies for less than the maximum rate, they may instead qualify for the state pension (non-contributory) which is a means-tested payment with a maximum payment of 96% of the state pension (contributory).
I hope this clarifies the matter for the Deputy.
198. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate, notwithstanding previous Parliamentary Questions and the replies thereto, whether she might reconsider the case of a person (details supplied); if their pension top-up entitlement might be reviewed in these circumstances; if their case might be referred for an oral hearing; and if she will make a statement on the matter. [27791/24]
Amharc ar fhreagraState 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. In order to satisfy the habitual residence condition, as a first step, it must be established that the person has a legal right of residence in the State that does not preclude them from receipt of relevant social assistance payments, for example, state pension non-contributory.
Following the receipt of information from the Deputy on 29 May 2024, a review of the person’s state pension non-contributory entitlement was initiated.
On 5 June 2024, the Deciding Officer assigned to the case issued a communication to the person concerned requesting further documentation in this matter. As there has been no correspondence received from the person concerned, the Deciding Officer has disallowed the review for the reason that the person concerned has failed to supply the requested information.
A communication issued to the person concerned on 24 June 2024, outlining the decision and granting them the right to appeal the decision, should they so wish, to the Social Welfare Appeals Office.
The Deputy’s representations have been accepted as a request for appeal of the review decision. This has been forwarded to the Social Welfare Appeals Office, highlighting the request for an oral hearing.
I trust this clarifies the matter for the Deputy.
199. Deputy Paul Murphy asked the Minister for Justice the current position regarding the spent convictions legislation committed to in the Programme for Government. [27652/24]
Amharc ar fhreagraThe Programme for Government 2020 contains a broad range of commitments that represent a coherent approach to enhancing and sustaining a safe, secure and inclusive Ireland. My Department remains steadfast in its efforts to deliver on the commitments laid out in the Programme over its lifetime.
The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016, provides for certain convictions to become spent once seven years have passed since the date of conviction.
We committed, as part of the Programme for Government, to review the Act with the intention of broadening the range of convictions that could be considered spent.
As part of this review process, a public consultation on spent convictions was launched by my Department in October 2020. Bespoke research was also commissioned into how spent convictions are handled internationally.
Based on the outcome of that consultation and the international research, my Department compiled a report aimed at identifying and assessing the possible implications of amending the 2016 Act, so that the fairest possible outcomes can be achieved for the public. This matter and the report remain under consideration currently. In addition, I have engaged with Senator Lynn Ruane, both personally and through my officials, in relation to her Private Members' Bill on Rehabilitative Periods.
We know that one of the most effective ways of reducing reoffending is securing stable employment post-release and I will soon publish a new Strategy detailing how we will work with employers, big and small, and with social enterprises to address the systemic barriers to employment faced by people with past convictions.
200. Deputy Joe Carey asked the Minister for Justice to provide an update on a residency matter (details supplied); and if she will make a statement on the matter. [27653/24]
Amharc ar fhreagraI can advise the Deputy, if a parent or guardian wishes for a non-EEA student to take up residence in Ireland to attend a primary or secondary school, they must:
• Register the child in an appropriate private fee paying school
• Pay the appropriate school fees before their arrival in Ireland
In the case of a boarding school student, they must provide a letter from the school confirming that it will provide all necessary accommodation for the student
Further information regarding the immigration arrangements for non-EEA students who wish to attend a primary or secondary school in Ireland, is available on my Departments website at:
www.irishimmigration.ie/coming-to-study-in-ireland/what-are-my-study-options/a-fee-paying-private-primary-or-secondary-school/
I can further advise the Deputy, that Afghan nationals are visa required and must have a valid Irish entry visa before they seek to enter the State.
Any visa required national that wishes to enter the State, and remain, for up to 90 days must have a Type C Short Stay Visa. A visa required national that wishes to reside in the State for longer than 90 days must have a Type D Long Stay Visa.
Any person that wishes to make a visa application must do so online at:
www.visas.inis.gov.ie/avats/OnlineHome.aspx .
201. Deputy Holly Cairns asked the Minister for Justice the steps she will take to combat lenient sentencing in cases of violence against women; and if she will make a statement on the matter. [27683/24]
Amharc ar fhreagraAs the Deputy will be aware, the Judiciary are independent in their functions subject only to the constitution and the law, and this of course includes determining what sentence is handed down in any case. The constitutionally protected separation of powers is a corner stone of our systems of criminal justice and of democracy and something that no elected official can interfere with.
When it comes to sentences, an important safeguard rests in the power given to the Director of Public Prosecutions under section 2 of the Criminal Justice Act 1993. Under this provision, the DPP, and only the DPP, may apply to the Court of Appeal to have a sentence reviewed if it appears to the DPP that the sentence imposed in a case is, in law, unduly lenient.
Again, it is not open to an elected official, or any other person, to direct the DPP to take this step. It is a decision reserved for the DPP based on their evaluation of the sentence handed down. Further information in relation to sentencing and appeals can be found on the DPP’s website at the following link: www.dppireland.ie/criminal-justice-system/sentencing-and-appeals/
While this separation of powers exists to ensure equity and justice, I can assure the Deputy that since my appointment as Minister for Justice, I have been working to ensure that we have appropriately robust legislation in place to hold perpetrators of domestic, sexual, and gender-based violence (DSGBV) crimes to account, and improved supports and process in place to better support victims of these horrific offences.
In 2022, I published our five-year Zero Tolerance Strategy on DSGBV which sets out an ambitious, whole of government, programme of reform to achieve a society which does not accept DSGBV or the attitudes which underpin these crimes.
One of the actions delivered under that strategy was increasing the maximum sentence for assault causing harm, one of the most commonly prosecuted offences in domestic abuse cases, from five years to 10 years.
I have also introduced stand-alone offences of stalking and non-fatal strangulation, broadened the offence of harassment and criminalised the sharing and threat to share intimate images. Again all unfortunately features of domestic abuse cases.
To further strengthen our response I have established Cuan, the new statutory DSGBV Agency. Cuan will be key to delivering on the ambition of our zero tolerance strategy, including in relation to prevention, education and awareness raising, training for all who come into contact with vulnerable victims (including the legal professions) and ensuring the right supports are there to protect and support victims of these hideous crimes.
202. Deputy Brian Stanley asked the Minister for Justice if attendees at naturalisation ceremonies to become Irish citizens can be provided with immediate proof that they are now Irish citizens in order for them to update their new status with their employers, and so on (details supplied); and if she will make a statement on the matter. [27685/24]
Amharc ar fhreagraAs the Deputy will be aware, over 10,000 people were naturalised at the Citizenship Ceremonies held across June 2024.
I can advise the Deputy that all Certificates of Naturalisation for the attendees of these ceremonies are currently in the process of being printed and will be issued via registered post.
I am aware that following some previous ceremonies there were delays in certificates being received and this is very much regretted. My Department has recently implemented new procedures which will reduce the waiting time for our new citizens to receive their certificates and I understand that all Certificates will be issued within the next few weeks. I want to assure anyone who is waiting for their Certificate of Naturalisation that they do not need to renew their immigration permission whilst they await a Certificate. I am advised that introducing a parallel temporary certification document at this stage would divert resources from the process of issuing the main Certificates.
These steps are part of an overall programme of work to speed up the Naturalisation process for applicants. This includes introducing an online digital application, online payments, and the introduction of eVetting. 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, and making more than 16,000 decisions to date in 2024.
203. Deputy Patrick Costello asked the Minister for Justice the number of persons enrolled on community return schemes, by area, over the past five years, in tabular form; and if she will make a statement on the matter. [27700/24]
Amharc ar fhreagraThe Community Return Scheme is an incentivised early release scheme, co-managed by the Irish Prison Service and the Probation Service, whereby people can be approved for reviewable temporary release coupled with a requirement to complete community service work in a supervised group setting under the supervision of the Probation Service.
Decisions regarding temporary release to take part in the Community Return Scheme are delegated to designated senior officials employed in Irish Prison Service Headquarters. In assessment of suitability, a number of factors are taken into account, including:
• the nature and gravity of the offence to which the sentence relates
• the sentence concerned and any recommendation made by the Court in relation to the sentence imposed
• the person's previous criminal record
• the potential threat to the safety and security of the public should the person be released
• the risk that the person might commit an offence during any period of temporary release
• the risk of the person failing to comply with any of the conditions of temporary release
From its inception in 2011 to the end of 2023, 3,379 people have been released early from prison to take part in the Community Return Scheme.
The following information, provided in tabular form as requested, contains figures obtained from the Irish Prison Service detailing the number of persons released onto Community Return over the past five years by geographical region.
|
Geographical Region |
2019 |
2020 |
2021 |
2022 |
2023 |
|
Dublin |
93 |
146 |
95 |
83 |
107 |
|
Rest of Leinster |
39 |
51 |
42 |
30 |
38 |
|
Munster |
64 |
77 |
57 |
50 |
47 |
|
Connaught/Ulster |
10 |
13 |
24 |
13 |
21 |
|
Total |
206 |
287 |
218 |
176 |
213 |
204. Deputy Cian O'Callaghan asked the Minister for Justice the status the sex-for-rent legislation; if she will ensure that it is included in the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023; and if she will make a statement on the matter. [27704/24]
Amharc ar fhreagraI can assure the Deputy that this Government is deeply committed to tackling domestic, sexual and gender-based violence in all its forms.
The prioritisation of this hugely important work is evident in the policy and legislative developments implemented by this Government and those that are currently being progressed.
Let me be quite clear that any behaviour from accommodation providers seeking to use their position to prey on vulnerable people is completely unacceptable. It is an appalling abuse of power by unscrupulous individuals and it will not be tolerated by this Government.
I plan to address this abhorrent and exploitative behaviour by making the offering or advertising of accommodation for sex in lieu of rent a criminal offence.
This is an issue that was examined by the Oireachtas Justice Committee in the context of a Private Members Bill and the Committee itself recognised that it is a complex issue to address and one which requires careful legal and constitutional consideration.
Officials from my Department have been working closely with the Office of the Attorney General to ensure that legislating to address this issue does not create any unintended consequences, including by inadvertently criminalising consensual relationships.
I regret that it has not been possible to finalise the drafting of legal provisions to criminalise this behaviour in time to be taken forward in the current legislative session. However, the measures will be progressed in a suitable legislative vehicle once finalised.
205. Deputy Seán Canney asked the Minister for Justice the avenues available to Government to review a decision made by a judge in court; the sanctions available to remove a judge or sanction a judge who is found to have not carried out their duties correctly; and if she will make a statement on the matter. [27721/24]
Amharc ar fhreagraAs the Deputy will be aware, all judges are independent in the exercise of their judicial functions and subject in those functions only to the Constitution and the law.
As the Deputy will also be aware, it is open to the Director of Public Prosecutions (DPP) to appeal any sentence that, in the opinion of the DPP, is unduly lenient. The DPP is fully independent in her functions under the Prosecution of Offences Act 1974. As Minister, I have no role in this function.
206. Deputy Niall Collins asked the Minister for Justice if there is a mechanism to expedite a naturalisation application in circumstances (details supplied); if advice will be provided in relation to the matter; and if she will make a statement on the matter. [27741/24]
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.
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.
I understand the extended wait times can be frustrating for applicants. I can assure the Deputy that when an application for naturalisation is submitted the Citizenship Division of my Department will progress the application as quickly as possible.
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. It is envisioned that this number will be significantly surpassed this year, with 15 ceremonies already taking place by the end of June.
Further detailed information on how to apply for naturalisation is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
207. Deputy Éamon Ó Cuív asked the Minister for Justice the number of prisoners being held on remand, awaiting trial in this State, for between two and three years, three and four years, four and five years, and so on; the reason for such long remands; and if she will make a statement on the matter. [27750/24]
Amharc ar fhreagraI am advised by the Irish Prison Service that on 26th June 2024, there were 12 people held in prison custody solely on a remand or trial warrant for between two and three years, three and four years, four and five years and five years plus.
The information requested by the Deputy is set out in the table below:
|
Years held on Remand/Trial |
Total |
|
5 years plus |
1 |
|
4 to 5 years |
2 |
|
3 to 4 years |
2 |
|
2 to 3 years |
7 |
|
Total |
12 |
I can further advise the Deputy that this figure does not include people who are serving a sentence, and who also have a remand or trial warrant that will become active once the sentence expires.
Scheduling of court cases is not under the remit of the Irish Prison Service or of the Minister for Justice.
208. Deputy Catherine Murphy asked the Minister for Justice the number of gardaí assigned to roads policing units; if she will update her Department’s website with publication of figures for the month of May 2024, by Garda division; and if she will make a statement on the matter. [27763/24]
Amharc ar fhreagraRoad safety is a shared responsibility, and while led by the Department of Transport, it is one which is taken very seriously across Government. We have all been shocked by the 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.
I continue to engage with colleagues across Government to ensure that every effort is made to increase safety on our roads.
Road traffic laws are enforced by both Roads Policing personnel and as part of the day-to-day duties of uniformed Gardaí nationwide. This includes a programme of high-visibility road safety and enforcement operations carried out in partnership with other state agencies. The Commissioner has also directed that all uniform Garda members are to be deployed on high visibility roads policing operations, of 30 minutes duration, in each tour of duty.
Approximately 25% of all roads enforcement is undertaken by regular units and 75% of drug/drink driving checks are carried out by regular units.
Every front-line Garda member now has a mobility device, which is essentially a mobile phone that allows them to access a number of specialised Garda apps at the roadside. These include the ability to issue a Fixed Charge Notice, to check a vehicle's insurance status, if a vehicle is taxed and whether a driver is disqualified. These tasks can now be done within moments, without the need to return to the station. The Commissioner also stated he aims to have an additional 100 static road safety cameras in place by the end of next year.
I am advised that as of 31 May 2024, there were 629 Roads Policing Gardaí assigned across all Divisions. Funding provided by the Government under Budget 2024 allows for the recruitment of new Gardaí, which will increase the number of front-line Gardaí available to the Garda Commissioner to allocate as he deems appropriate. It is expected that it will soon be possible to allocate more members to the Roads Policing units.
The Commissioner has said that 150 Gardaí will be added to Road Policing units in the next two years in order to meet road safety targets.
The table below sets out the number of Gardaí assigned to roads policing units per division.
|
DIVISION |
May-24 |
|
D.M.R. EAST |
7 |
|
D.M.R. NORTH |
11 |
|
D.M.R. NORTH CENTRAL |
17 |
|
D.M.R. SOUTH |
8 |
|
D.M.R. SOUTH CENTRAL |
11 |
|
D.M.R. WEST |
9 |
|
D.M.R. TRAFFIC/ROADS POLICING |
90 |
|
KILDARE |
25 |
|
LAOIS / OFFALY |
24 |
|
MEATH/WESTMEATH |
34 |
|
WICKLOW |
15 |
|
DONEGAL |
23 |
|
SLIGO / LEITRIM |
16 |
|
KILKENNY/CARLOW |
19 |
|
WATERFORD |
15 |
|
WEXFORD |
21 |
|
CORK CITY |
28 |
|
CORK NORTH |
19 |
|
CORK WEST |
29 |
|
KERRY |
21 |
|
LIMERICK |
33 |
|
GALWAY |
37 |
|
CLARE/TIPPERARY |
41 |
|
MAYO/ROSCOMMON/LONGFORD |
40 |
|
LOUTH/CAVAN/MONAGHAN |
36 |
|
TOTAL |
629 |
The Deputy can appreciate that while the distribution of Garda resources is an operational matter for the Commissioner, I am assured the distribution is kept under continual review.
An Garda Síochána provide Garda HR figures to my Department which are subsequently published on the Department’s website in the interest of transparency. Information in relation to the allocation of Gardaí nationwide, including Roads Policing units, can be found at the following link: www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/
209. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which anti-social behaviour has occurred in an estate (details supplied) in the past two years; and if she will make a statement on the matter. [27783/24]
Amharc ar fhreagraI can assure the Deputy that the Government is determined to tackle anti-social behaviour and its causes. A number of priority actions are contained in the Programme for Government to reduce instances of such behaviour and help people to be safe and feel safe in their local communities.
We are committed to tackling the scourge of anti-social behaviour and crime to build safer streets and stronger communities. This includes:
• Increasing penalties for knife crime and strengthening the use of anti-social behaviour orders (ASBOSs)
• The deployment of body-worn cameras for Gardaí in Dublin City Centre, Waterford, and Limerick in 2024, with nationwide roll-out to follow
• The introduction of Community Safety Partnerships around the country, to develop Community Safety Plans for every area.
• Continued expansion of youth justice and youth diversion measures
• New laws to criminalise the grooming of children into a life of crime.
• Introducing Facial Recognition Technology to help investigate and prosecute cases of serious crime
• Providing the funding necessary to strengthen the equipment available to An Garda Síochána for public order policing, including the deployment of tasers and stronger incapacitant spray.
• Proposing solutions to public order and anti-social problems through the Local Leadership Programme which brings together local stakeholders in a structured manner.
The Anti-Social Behaviour Forum, which is chaired by Minister of State James Browne, is developing measures which will address the factors which give rise to such behaviour and its impact on community morale and quality of life.
Three subgroups of the Forum have been established to consider the specific issues of knife crime; the misuse of scramblers and quadbikes; and responses to Anti-Social Behaviour impacts on housing complexes managed by Approved Housing Bodies (AHBs).
The Government’s new Community Safety plan is designed to address public safety issues that negatively impact communities around the country by bringing together the relevant agencies and social service providers with Gardaí and each local community.
I am establishing Local Community Safety Partnerships, which will roll out across the country later this year, and bring state agencies and service providers together with the community, focusing on the concerns prioritised by each individual community itself. Pilot partnerships have been running in Longford, Waterford and Dublin's North Inner City, and each has developed and published a local community safety plan, which are available on the local authority websites. The plans set out a number of agreed actions to be undertaken by the members of the partnerships to enhance community safety in that area.
Each newly established LCSP will be required to develop and implement its own tailored community safety plan and will take a strategic approach to their work so that issues arising can be dealt with in a coordinated manner; addressed collectively by relevant service providers in partnership with the community.
I am advised by the Garda authorities that the following incidents have been recorded for a period of two years up to 25 June 2024 in the area referred to by the Deputy;
• 1 x Assault minor
• 2 x Criminal Damage
• 5 x Drug Offences
• 3 x Public Order
• 4 x Traffic
• 30 Attention and Complaints (4 referring to youths on scrambler bike, 5 referring to fireworks in October/November, 12 referring to youths causing annoyance with no details available for the youths, 4 referring to suspicious persons/vehicles/behaviour, 1 dog complaint, 1 noise complaint, 1 driving complaint and 2 abandoned vehicles)
210. Deputy Bernard J. Durkan asked the Minister for Justice if consideration might be given to deferring the deportation order in the case of a person (details supplied); and if she will make a statement on the matter. [27789/24]
Amharc ar fhreagraThe person referred to has made a request to have their deportation order revoked, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended). This request was received on the 26 March 2024 and will be considered as soon as it is possible to do so.
The decision to ensue from the consideration of this request will be that the existing deportation orders will be either ‘affirmed’ or ‘revoked’. Once this decision has been made, it will be notified to the person concerned in writing.
It should be noted that this request is amongst many to be considered at present and, as such, at this point in time, it is not possible to provide a specific indication as to when this case will be finalised. However, the person concerned can be assured that there will be no avoidable delay in having their case brought to finality.
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.
211. Deputy Bernard J. Durkan asked the Minister for Justice if a couple (details supplied) can apply for citizenship while on temporary permission given their circumstances; if an exception can be made to accommodate him, given that he suffers from MS; and if she will make a statement on the matter. [27793/24]
Amharc ar fhreagraI can advise the Deputy that EU Council Implementing Decision 2022/382 applied the provisions of the Temporary Protection Directive to persons displaced by the Russian invasion of Ukraine, including persons recognised as refugees in Ukraine. At a meeting of EU Home Affairs Ministers on 13 June 2024, political agreement was reached to extend the Temporary Protection Directive until March 2026.
The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act. Section 15 of the Act sets out the statutory conditions that must be fulfilled for a certificate of naturalisation to be granted. The conditions include that applicants must have 5 years reckonable residence in the State prior to making an application. There is no exemption from these requirements for beneficiaries of Temporary Protection in Ireland.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.
212. Deputy Michael Healy-Rae asked the Minister for Justice to provide an update on the case of a person (details supplied); and if she will make a statement on the matter. [27816/24]
Amharc ar fhreagraI can advise the Deputy that, from the information provided, the application referred to is not matter for my Department.
Citizenship applications made through the Foreign Births Register are a matter for the Department of Foreign Affairs, as the Foreign Births Register is the responsibility of and is maintained by that Department.
More information is available from the Department of Foreign Affairs website. Please see: www.dfa.ie/citizenship/born-abroad/registering-a-foreign-birth/
213. Deputy Cathal Crowe asked the Minister for Agriculture, Food and the Marine if he will urgently initiate an investigation into the practice of veterinary surgeons at a plant (details supplied) in County Kildare, in particular the fact that horses were allowed to proceed through the slaughtering process with fake documents, secondary microchips and painted feet; and if he will make a statement on the matter. [27633/24]
Amharc ar fhreagraOn the day of slaughter, Department of Agriculture, Food and Marine staff are present in the slaughter plant and carry out a range of official controls in accordance with National and EU Public Health, Animal Health and Animal Welfare requirements. These controls include the following:
-scanning each horse for a microchip
-Cross checking the microchip with the identification document (passport)
-Cross checking the microchip against the central equine database to ensure that the animal has not been excluded from the food chain
-undertaking a veterinary assessment of each horse from an animal health and welfare point of view to determine its suitability and fitness for slaughter for human consumption.
The alleged fraudulent presentation of documentation and horses for slaughter is under investigation and there is an ongoing multi agency investigation into the alleged criminal practices in the adjoining premises.
214. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine for an update on a succession planning advice grant (details supplied); and if he will make a statement on the matter. [27656/24]
Amharc ar fhreagraI have introduced a Succession Planning Advice Grant which is a scheme specifically aimed at encouraging best practice in intergenerational land transfer in order to address, among other things, significant generational imbalances in farming.
The grant is to encourage and support farmers aged 60 years and above to seek succession planning advice by contributing up to 50% of vouched legal, accounting and advisory costs, subject to a maximum payment of €1,500.
Applications may be submitted all year round, but payments will be made in annual tranches. Payments under tranche 1 which had an opening date of 19th September 2023 and a closing date of 31st December 2023 issued in Q1 2024. Payments of €61,354 issued to 52 eligible applicants . A second tranche opened on 1st January 2024 and will remain open to 31 December 2024, with payments to issue in early 2025.
With reference to the applicant referred to by the Deputy, a succession planning advice grant application was received from the applicant on 24th January 2024 as part of tranche 2 for SPAG. This application did not contain any documentary evidence, provision of documentary evidence is a requirement of the scheme as set out in the terms and conditions. This was communicated to the applicant and no further correspondence has been received from the applicant.
215. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine if an investigation will be carried out into an Irish racing greyhound (details supplied) regarding their nine litters producing 58 pups listed on the Greyhound Racing Ireland website despite the legal limit of eight litters per dam; the breakdown of the number of the nine litters were via surgical artificial insemination; the dates of such procedures; the current status of the greyhound; and if he will make a statement on the matter. [27663/24]
Amharc ar fhreagraThe Irish Coursing Club (ICC), which is subject to the general control and direction of Rásaíocht Con Éireann, is the organisation charged with the role of Keeper of the Irish Greyhound Stud Book (IGSB) since 1923. The Stud Book records pedigrees, ownerships, breeding data and transfers of ownership of all greyhounds.
The ICC has informed my Department that the 9th litter referred to was earmarked, registered, and microchipped with the UK Greyhound Stud Book and not the Irish Greyhound Stud Book as the pups were located in the UK. All three off-spring are currently registered to UK owners.
On May 16, 2019, the ICC wrote to the owner of the greyhound referred to quoting the Welfare of Greyhounds Act 2011, stating that no further registrations could be accepted as the maximum permissible number of litters was reached.
The ICC has also informed this Department that in relation to Artificial Insemination the Artificial Insemination of Greyhounds Act, 2005 11 (h) states on registration of a litter, the registration shall be designated “AI” (in the case of inseminations carried out with fresh semen or chilled semen) or “FI” (for inseminations carried out with frozen semen). There is no requirement to record trans-cervical or surgical implantation within that subset.
