Written Answers Nos. 510-529
510. Deputy Jim O'Callaghan asked the Minister for Justice the number of vehicles seized by An Garda Síochána for a learner driver driving while unaccompanied in the Garda U district within the Dublin region in 2023 and to date in 2024; and if she will make a statement on the matter. [36383/24]
Amharc ar fhreagraAs the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including all operational policing matters. As Minister, I have no role in these matters, nor can I direct the Commissioner with regard to them.
I am assured by the Commissioner that road traffic legislation is enforced as part of the day-to-day duties of members of An Garda Síochána, as well as through a programme of high-visibility road safety and enforcement operations carried out in partnership with other state agencies, in order to make our roads safer for all.
I am informed by the Garda authorities that the below is a yearly breakdown of the number of vehicles seized by Garda authorities in the U district for having been driven by a learner unaccompanied driver in 2023 and to date in 2024.
|
Year |
2023 |
2024* |
|
No of vehicles seized - U district DMR |
76 |
117 |
*2024 figures cover the time period from 1 January 2024 to 13 September 2024
Figures are based on incidents occurring from 1 January 2023 to 13 September 2024, inclusive. This information is based upon operational data from the PULSE system as was available on 13 September 2024 and is liable to change. Vehicles seized or detained relate to those detained under Section 41 of the Road Traffic Act.
511. Deputy Jim O'Callaghan asked the Minister for Justice the number of Gardaí, by rank, attached to the Garda National Protective Services Bureau as of 9 September 2024; if she will provide the corresponding figures as of 31 December 2022, in tabular form; and if she will make a statement on the matter. [36384/24]
Amharc ar fhreagraIt has not been possible to collate the information requested by the Deputy in the time available.
I will write to the Deputy directly once the information is to hand.
512. Deputy Thomas Pringle asked the Minister for Justice the measures that can be taken to assist a US citizen (details supplied) who visits Donegal on a regular basis and needs a visa extension to minister in a church; if there is a mechanism by which they could apply for the visa required while remaining in Ireland, instead of having to return to the US to obtain a visa to return; and if she will make a statement on the matter. [36408/24]
Amharc ar fhreagraThe sponsoring church of the person referred to by the Deputy is advised to contact the Domestic Residence and Permissions Division of my Department. They should explain all the circumstances and reasons as to why they require the person concerned to take over the ministry of the particular church, including the length of time the person would be required to remain in the State.
The sponsoring church can contact the Division at DRPCustomerservice@justice.ie and should include the wording "Urgent Request Minister of Religion" in the subject line.
Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility at IMoireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
513. Deputy Ged Nash asked the Minister for Justice if she will consider establishing a programme to provide safe passage via a humanitarian entry visa to Ireland for Palestinians in Gaza, similar to other prior international programmes (details supplied); her views on whether such a programme would provide Gazans with a safe and legal passage to Ireland through neighbouring countries, therefore avoiding perilous journeys and stopping potential exploitation by human traffickers; her views on whether such a programme could also serve as a best-practice model for Ireland and other countries with respect to their broader humanitarian efforts going forward; and if she will make a statement on the matter. [36412/24]
Amharc ar fhreagraI am acutely aware of the grave humanitarian crisis in Gaza and my Department has worked 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. Where cases are highlighted by DFA for assistance the Visa Division processes them in as speedy and sympathetic manner as possible.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.
Any person wishing to travel to Ireland can do so through a number of legal pathways. Details of the various pathways can be found on the Immigration Service website at the following link: www.irishimmigration.ie/
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.
514. Deputy Paul Murphy asked the Minister for Justice if her Department’s citizenship unit contacts authoritarian regimes in countries such as Iran, Russia, and Afghanistan for background check-purposes as part of establishing good character in the citizenship process. [36422/24]
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.
All applicants are required to satisfy the good character criterion under Section 15 of the Irish Nationality and Citizenship Act 1956 as amended.
As part of this assessment, An Garda Síochána is requested to make enquiries into the applicant’s background; the detail and extent of which is a matter for An Garda Síochána. For sound security and operational reasons, it is not the practice to comment on the enquiries that may be conducted.
515. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 186 of 10 July 2024, if the information can now be provided; and if she will make a statement on the matter. [36436/24]
Amharc ar fhreagraAs you will recall, the information was not available at the time of answering. I have now received the information requested from the Garda Commissioner.
The Border Management Unit (BMU) of my Department has responsibility for frontline immigration duties at Dublin Airport only. Other airports and other ports of entry, including the land border with Northern Ireland, are the responsibility of the Garda National Immigration Bureau (GNIB).Under Section 4 of the Immigration Act 2004, an Immigration Officer must determine whether a non-EEA national should be granted leave to land and gain entry to the State. In performing their duties, an Officer is required to consider all of the circumstances of the individual at the time of entry. Section 4(3) of that Act sets out the full range of grounds on which a passenger may be refused.
Immigration officials conduct passport checks, and run operations as required, to ensure passengers arriving in the State are properly documented in accordance with Section 11 of the Immigration Act 2004.
When a person is refused leave to land at Dublin airport, the Immigration Officer will arrange for the person to be referred to the Garda National Immigration Bureau (GNIB) for removal from the State. The priority is to return them on the next available return flight to the last point of embarkation.
The table below provides the total number of persons who have been refused leave to land in 2023 and in Quarter 1 2024. A breakdown by nationality is provided in the attached document.
Table 1: Persons who have been refused leave to land
|
Year |
2023 |
2024Q1 |
|
Border with Northern Ireland |
67 |
37 |
|
Cobh |
21 |
|
|
Cork Airport |
124 |
25 |
|
Cork Port |
<10 |
<10 |
|
Dublin Port |
228 |
55 |
|
Dublin Airport |
5,826 |
1,339 |
|
Kerry Airport |
<10 |
<10 |
|
Knock International Airport |
22 |
|
|
Limerick |
<10 |
|
|
Other |
<10 |
<10 |
|
Rosslare Port |
57 |
26 |
|
Shannon Airport |
53 |
11 |
|
Waterford Port |
<10 |
*Where the number is low (less than 10), a breakdown is not provided. This is for reasons of confidentiality.
If a person indicates or is identified as being in need of international protection they are admitted to the international protection process. However, they will still be recorded as a refusal of leave to land.
516. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 1124 of 9 September 2024, when the paper specifically related to guardianship rights if a parent is in custody, accused of, or serving a sentence for, the murder or manslaughter of the other parent, will be published; and if she will make a statement on the matter. [36444/24]
Amharc ar fhreagraAs the Deputy is aware, a team has been established in my Department to review recommendations in the ‘Study on Familicide and Domestic and Family Violence Death Reviews’ that are not already being progressed as part of our work to tackle domestic abuse and protect victims.
These include a recommendation on restricting parental rights in cases of domestic homicide. In the case of this recommendation, the issues to be considered include the role and power of Tusla to take appropriate child protection action in emergency situations, the importance of putting the rights and voice of the child at the centre of our responses, and ensuring that nothing is done that could prejudice a trial.
In reviewing all these recommendations, the team are in consultation with stakeholder groups that have been established to support this work, involving relevant officials, civil society partners and most importantly the families of victims that contributed to the review. These consultations will inform how the recommendations are taken forward.
I understand that the paper on the Guardianship Rights will be presented to the consultation groups in the coming weeks for discussion which will inform the final recommendations made once the consultation process has concluded. I expect that the consensus recommendations of the three groups on this and all the other issues being examined will be submitted to me by the end of the year.
There are no current plans to publish the discussion papers that are being presented to the consultation groups throughout this project, including the paper on the Guardianship Rights.
517. Deputy Bernard J. Durkan asked the Minister for Justice the current and expected position in respect of work permit/visa for a person (details supplied); and if she will make a statement on the matter. [36453/24]
Amharc ar fhreagraI am happy to inform the Deputy that following full consideration by a Visa Officer the Visa referred to was granted on 12 September 2024.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 (inisoireachtasmail@justice.ie) which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary 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.
518. Deputy Bernard J. Durkan asked the Minister for Justice when a stamp 4 visa might issue in the case of a person (details supplied); and if she will make a statement on the matter. [36455/24]
Amharc ar fhreagraAn application for a change of immigration status from the person referred to by the Deputy was received by the Domestic Residence and Permissions Division of my Department on 28 February 2024 and continues to be processed.
Applications are dealt with in strict chronological order of receipt. The Division endeavours to process applications as quickly as possible, however, processing times may vary due to a number of factors, such as the number of applications on hand, individual circumstances, the complexity of an application and whether or not further information is required.
Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility at IMoireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
519. Deputy Bernard J. Durkan asked the Minister for Justice when a stamp 4 visa might issue in the case of a person (details supplied); and if she will make a statement on the matter. [36456/24]
Amharc ar fhreagraAn application for a change of immigration status from the person referred to by the Deputy was received by the Domestic Residence and Permissions Division of my Department on 28 February 2024 and continues to be processed.
Applications are dealt with in strict chronological order of receipt. The Division endeavours to process applications as quickly as possible, however, processing times may vary due to a number of factors, such as the number of applications on hand, individual circumstances, the complexity of an application and whether or not further information is required.
Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility at IMoireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
520. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which all necessary documentation towards an application for citizenship has been submitted in the case of a person (details supplied); and if she will make a statement on the matter. [36457/24]
Amharc ar fhreagraI can advise the Deputy that the Citizenship Division of my Department have confirmed receipt of all documentation required from the applicant at this time.
The application for Naturalisation now continues to be processed.
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.
521. Deputy Réada Cronin asked the Minister for Justice if her Department will examine the outstanding endowment application (details supplied); and if she will make a statement on the matter. [36531/24]
Amharc ar fhreagra523. Deputy Bernard J. Durkan asked the Minister for Justice the current processing times for endowment donors under the Immigrant Investor Programme, with particular reference to an organisation (details supplied) that is waiting on 12 outstanding endowments; and if she will make a statement on the matter. [36625/24]
Amharc ar fhreagraI propose to take Questions Nos. 521 and 523 together.
As the Deputy will be aware, the Government agreed to close the Immigrant Investor Programme (IIP) to further applications from 15 February 2023.
As Minister, I do not comment on individual IIP applications, however, my Department’s IIP Unit is committed to ensuring that all applications will be examined on their own merits and will endeavour to conclude all decisions in a timely manner.
I can advise the Deputy that updated information in relation to the winding down of the Programme and the processing of applications has been published on my Department’s website and an FAQ is available also. Both are available at the following link: www.irishimmigration.ie/processing-of-iip-applications-on-hand-following-the-closure-of-the-programme/
There was an unprecedented level of applications to the Programme in recent years before the programme closed to new applications and this has impacted timeframes. My Department will seek to communicate how we anticipate projects will progress and will make every effort to share that information in as timely a manner as possible.
522. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the number of Gardaí, by rank attached to community policing units in each district within Carlow-Kilkenny Division as of 9 September 2024, in tabular form; and if she will make a statement on the matter. [36557/24]
Amharc ar fhreagraAs the Deputy is aware, community policing is at the heart of An Garda Síochána, and all Gardaí have a role to play in community policing in the course of carrying out their duties. Community policing is also fundamental to the new Garda Operating Model which is currently being rolled out across the country and is fully commenced in 16 of the 21 Garda Divisions.
The new model will provide more front-line Gardaí, increased Garda visibility, and a wider range of policing services for people in their local area. It will divide service delivery within division into four functional areas, one of the most important areas being Community Engagement. This will allow for a greater, more consistent focus on community policing in all divisions.
The Garda authorities have advised that a member of An Garda Síochána can be deemed to be a ‘Community Garda’ where that person is allocated to a Community Policing Team (CPT) and is responsible and accountable for applying a problem–solving approach to appropriate crime and policing quality of life issues in a specified geographic area through partnership and engagement. Examples of this engagement are working with Neighbourhood Watch, Community Alert, or local business fora.
Community Policing Teams strategically manage and lead the development, delivery and evaluation of the Garda Community Policing Framework. Like most Garda members, those assigned to CPTs have dual functions. In addition to their strategic roles in their Community Policing Teams, part of which requires them to regularly update their Community Engagement Superintendent on the policing needs of their community, they are also frontline members. It is also important to note that CPTs draw on all frontline Gardaí to carry out community policing.
Further detailed information in relation to Garda numbers is available on my Department’s website. This information is updated every month with the latest data provided by An Garda Síochána, and includes the number of Gardaí by station across the whole country and the number of allocated to community policing in Carlow/Kilkenny.The information can be found at the following link:
www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/
524. Deputy Paul Donnelly asked the Minister for Justice when the Garda manual was last updated with regard to the pursuit of riders on e-scooters, motorcycles and e-bikes travelling at high speed on public roads, public open area fields, public parks, etc., who are at high risk of endangering other road users. [36666/24]
Amharc ar fhreagraI have sought the information requested by the Deputy from the Garda authorities, regrettably this information was not available in time. I will right to the Deputy directly once the information is to hand.
525. Deputy Paul Donnelly asked the Minister for Justice the estimated full year costs of restoring legal aid payments to barristers and solicitors, working for the State, to pre-FEMPI levels, in tabular form. [36667/24]
Amharc ar fhreagraAs the Deputy will be aware, last year I secured funding of €9 million to increase by 10% the fees payable to legal professionals for their services in providing criminal legal aid. This 10% increase in fees has been paid since 1 January 2024.
I said at that time, and have subsequently confirmed, that the securing of this initial 10% increase was the starting point in a wider process to see the restoration of the FEMPI cuts applied to criminal legal aid, and I am continuing to engage with the Minister for Public Expenditure, NDP Delivery and Reform in the context of the 2025 estimates process to secure additional funding to progress this further.
As the Criminal Legal Aid Scheme is demand-led and it is for the courts to decide in any given case if legal aid is to be granted, it is not possible to accurately predict the cost of the Scheme in any given year.
However, based on the cost of providing criminal legal aid in 2023, and allowing for a 10% increase in fees that is being paid since the start of this year, I am advised that the cost of restoring the rest of the FEMPI cuts applied to criminal legal aid fees would be in the region of an additional €15.7 million and would amount to an overall annual criminal legal aid bill of approximately €113.8 million.
526. Deputy Paul Donnelly asked the Minister for Justice if she will report on Operation Dearoil; and the number of persons arrested and charged under this operation. [36668/24]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner is operationally responsible for the management and administration of An Garda Síochána. This includes all operational and investigative policing matters. As Minister, I have no role in these matters and cannot seek to direct the Commissioner in relation to them.
I am advised by the Garda authorities that Operation Dearóil refers to the significant policing and security operation that was put in place in the Dublin Metropolitan Region for the UEFA Nations League Competition Ireland v England football match on 7 September 2024.
The operational objective was to reassure citizens, visitors and the business community in Dublin city centre that it is a safe place in which to visit, socialise, conduct business and enjoy its amenities and the event itself.
The policing operation commenced on 6 September 2024 and concluded on 8 September 2024. Assistant Commissioner, DMR assumed the overall strategic responsibility for the event.The football match between Ireland v England took place at the Aviva Stadium at 5pm on Saturday, 7 September 2024, with over 50,000 people in attendance. The event also coincided with the visit of the UK Prime Minister, who also attended the match with a number of VIPs. Insofar as arrests are concerned, those related to Operation Dearóil are not recorded separately from other arrests in Dublin on the dates concerned.
527. Deputy Paul Donnelly asked the Minister for Justice if she has received the report from the Policing Authority regarding public order training arising from last November's serious riots in Dublin City Centre; and if this report will be published. [36669/24]
Amharc ar fhreagraAs 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 all operational policing. As Minister, I have no role in such matters.Following the serious public order incident in Dublin City Centre in November 2023, An Garda Síochána conducted an operational debrief to identify any lessons to be learned and to inform the development of future policing operations and responses. Additionally, I requested the Policing Authority to conduct a review and advise me on what else might enhance policing performance and support Gardaí in the exercise of their lawful powers in cases of serious public order incidents.The Policing Authority conducted its review focussing on coordination, governance and clarity of decision making in relation to public order policing, and will discuss its report with the Garda Commissioner as part of his public engagement with the Policing Authority.
I received a copy of the Authority's report in August and can confirm that the findings, which include an update on the recommendations of the 2018 Garda Inspectorate report, are currently being considered within my Department. I will give due consideration to publication of the report once this work is complete.
For the Deputy’s information the Garda National Public Order Unit (GNPOU) has been issued with additional equipment in recent months, including:
• Mark 9 Incapacitant Spray Canisters and holsters which has been rolled out to GNPOU members since the serious public order disturbances in Dublin City in November 2023;
• Round public order/riot shields have been bought, delivered, and issued to the GNPOU;
• GNPOU are now being issued with ASP Trifold handcuffs which will allow for quicker application of restraints to arrested persons in the various challenging environments where Garda members are deployed.
528. Deputy Bernard J. Durkan asked the Minister for Justice the outcome of the appeal of a decision to refuse a “join family visa” in the case of a person (details supplied); when a decision is likely to issue; and if she will make a statement on the matter. [36681/24]
Amharc ar fhreagraThe visa applications referred to by the Deputy were refused by the Visa Office on 23 March 2024. The reasons for this decision were set out in the refusal letter sent to the applicants at that time. An appeal of this decision was launched on 7 June 2024.
Appeals for applications of this type are processed in the order in which they are received, to be fair to all applicants. While every effort is made to process these applications as soon as possible, processing times will vary having regard to the volume of appeals received, their complexity, the possible need for the visa office to seek further information in relation to certain appeals and the resources available to process them.
All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on the Immigration Service website. When making an appeal, the applicant should take into account the reasons for refusal listed in the refusal letter. The appeal should include any further information or additional documentation they wish to have considered, and should be sent for the attention of the Visa Appeals Officer, in the relevant Visa Office, where the matter will be considered afresh.
Full consideration will be given to any appeals received on behalf of the applicants, however the onus is on applicants to satisfy the Visa Officer that visas should be granted. Processing times and decisions at the Overseas Visa Offices can be checked at the webpage for the relevant office.
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.
529. Deputy Thomas Pringle asked the Minister for Justice the circumstances under which an Irish citizen will be refused entry into the State; and if she will make a statement on the matter. [36759/24]
Amharc ar fhreagraIrish citizens are subject to normal immigration checks upon re-entering the State, including being requested to provide documentation to verify they hold Irish citizenship.
I can advise the Deputy that Section 4 of the Immigration Act 2004, sets out the full range of grounds under which a person may be refused permission to enter the State, however, these provisions are not applicable to Irish citizens.
