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Tuesday, 1 Oct 2024

Written Answers Nos. 340-359

Irish Prisoners Abroad

Ceisteanna (340)

Seán Sherlock

Ceist:

340. Deputy Sean Sherlock asked the Minister for Justice the status of an Irish citizen currently incarcerated in a French prison (details supplied); and the status of transferring the prisoner to serve out their time in an Irish prison. [38862/24]

Amharc ar fhreagra

Freagraí scríofa

I am aware, through my officials in the Irish Prison Service, of the case referred to by the Deputy involving the Irish citizen currently incarcerated in France. The Irish Prison Service is liaising with the French authorities, the Chief State Solicitor’s Office, and officials in my Department to gather the necessary information to progress the matter.

As the Deputy will be aware, EU Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences establishes the conditions and procedures for the transfer of custodial sentences between EU Member States. This Framework Decision has been implemented in Ireland through the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023, which was signed into law on 1 March 2023 and commenced on 3 May 2023.

I am also advised that processing a possible transfer under this legislation takes time, as it requires a legal assessment on a case-by-case basis and the detailed exchange of information between various agencies in both countries. However, every effort is made to progress each case as quickly as possible and within the statutory timeframe.

Citizenship Applications

Ceisteanna (341)

Paul Murphy

Ceist:

341. Deputy Paul Murphy asked the Minister for Justice the number of citizenship applications still without a decision who had applied in in each of the years 2020 to 2022, broken down by nationality of applicants. [38885/24]

Amharc ar fhreagra

Freagraí scríofa

I understand the extended wait times can be frustrating for applicants. I want to assure anyone who has an application for naturalisation submitted that the Citizenship Division of my Department is doing everything possible to progress applications as quickly as possible.

It is important to note that no two applications are the same and some take longer than others to process. Unfortunately, it is the case that some international checks can take a considerable amount of time and are largely out of the control of my Department.

Since then, Citizenship Division have taken a significant number of steps to speed up the process for applicants. These included introducing an online digital application, online payments, and the introduction of eVetting. I am pleased to inform the Deputy that these changes are dramatically reducing processing times.

The number of applications received in 2020-2022, and of which applications where a decision has not yet been made, is in the below table.

The nationalities of those active applications are listed in the enclosed attachment.

Year

Applications Received

Of which, no decision reached yet

% Of all Applications Which are Completed

2020

10,785

401

96%

2021

11,973

883

93%

2022

17,188

3,987

77%

Legislative Reviews

Ceisteanna (342)

Neasa Hourigan

Ceist:

342. Deputy Neasa Hourigan asked the Minister for Justice if she will provide an update on the publication of the review of Part 4 of the Criminal Law (Sexual Offences) Act 2017; and if she will make a statement on the matter. [38925/24]

Amharc ar fhreagra

Freagraí scríofa

I thank the Deputy for her interest in this issue.

As you aware, my Department commissioned an independent consultant to undertake the statutory review of Part 4 of the Act but, due to a number of reasons, it was not possible for the review to be completed within the desired timeframe.

I acknowledge that the report is now significantly overdue and the Deputy will be aware of the circumstances that have delayed its completion.

Expressions of interest for a new Study lead to complete the Part 4 review of the Criminal Law (Sexual Offences) Act, 2017 were sought and following the closing date for receipt of applications, all options for concluding this work were considered.

A very small number of expressions of interest were received, none of which met the necessary requirements to complete the review.Arising from those considerations and in view of the research already undertaken and the work done compiling and analysing the submissions received, all of which have been made available to my Department, I decided that the most appropriate way to complete the review is for the Research and Evaluation Unit in my Department to draft the report using the material provided.

As an action under the Justice Plan 2024, I receive regular updates in relation to progress on this review. I understand that the report is now very close to being finalised and I expect to receive it very soon.

Citizenship Applications

Ceisteanna (343)

Bernard Durkan

Ceist:

343. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [38926/24]

Amharc ar fhreagra

Freagraí scríofa

The naturalisation application from the person referred to by the Deputy continues to be processed by my Department.

I understand the extended wait times can be frustrating for applicants. I want to assure anyone who has an application for naturalisation submitted that the Citizenship Division of my Department is doing everything possible to progress applications as quickly as possible.

It is important to note that no two applications are the same and some take longer than others to process.

All applicants must undergo Garda vetting. Unfortunately, it is the case that some international checks can take a considerable amount of time and are largely out of the control of my Department. The previous backlogs in application processing in Citizenship had arisen largely due to the legacy of restrictions imposed on staff attendance in the office during the pandemic.

Since then, Citizenship Division have taken a significant number of steps to speed up the process for applicants. These included introducing an online digital application, online payments, and the introduction of eVetting. I am pleased to inform the Deputy that these changes are dramatically reducing processing times.

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.

Visa Applications

Ceisteanna (344)

Bernard Durkan

Ceist:

344. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for a study visa in the case of a person (details supplied); and if she will make a statement on the matter. [38929/24]

Amharc ar fhreagra

Freagraí scríofa

An application from the person referred to by the Deputy is currently under consideration by the Domestic Residence and Permissions Division of my Department.

A decision is expected to issue shortly.

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.

Visa Applications

Ceisteanna (345)

Seán Haughey

Ceist:

345. Deputy Seán Haughey asked the Minister for Justice if she is aware that information regarding the processing times for decisions in respect of join family visa applications has not been updated in four months on her Department's website page concerning processing times and decisions in the Dublin office; the reason these applications have the slowest turnaround times; if she is aware that these applicants can wait up to 15 months for an initial decision; and if she will make a statement on the matter. [38936/24]

Amharc ar fhreagra

Freagraí scríofa

I understand that extended wait times can be frustrating for applicants. I want to assure anyone who has an application for a join family visa that my Department is doing everything possible to progress applications as quickly as possible.

The date published on the website referenced by the Deputy is the oldest date of application currently being processed under a given category. However, it should be noted that the Visa team continue to process and make decisions on applications received after the published processing date. If a particular application takes longer to consider this may result in the published processing remaining unchanged. I can assure the Deputy that if the published processing dates for applications remain unchanged this does not indicate the processing of these applications has halted overall. I can advise the Deputy that in 2023, over 166,000 visa applications were submitted and approximately 140,000 people were granted visas to travel to Ireland. These figures are likely to be surpassed in 2024, with over 123,000 visa applications having been received in the first seven months of this year alone. This reflects an increase of 20%, compared to the same period in 2023, with over 21,000 additional applications received.The vast majority of visa applications are determined in a matter of weeks. However, some applications, in particular those to join family members here, can take considerably longer. It is important to recall these applications are screening processes, designed to establish that the person has a legitimate reason to come to Ireland prior to travel. Verifying an application is an important part of our immigration system and the checks involved can take time to complete.Processing times for these applications are influenced by a number of factors. The time it can take varies depending on the type and complexity of application; individual circumstances; peak application periods; such as holidays or the start of the school year; and, crucially, the quality and completeness of the application lodged.

Visa applications and appeals are processed in the order in which they are received, to be fair to all applicants. However, due disparity in the complexity of these application, I am advised that the processing of some applications can take considerably longer than the overall average.

I understand extended wait times can be frustrating. I want to assure anyone who is waiting on a decision that my Department is doing everything possible to progress applications as quickly as possible. I am acutely aware join family applications, are very important for the persons impacted and I am committed to improving the service my Department provides. In recent weeks, I have assigned additional resources and staff to my Department’s visa division which will I expect will reduce the waiting times for family applications in the coming months.

Naturalisation Applications

Ceisteanna (346)

Bernard Durkan

Ceist:

346. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [38965/24]

Amharc ar fhreagra

Freagraí scríofa

The naturalisation application from the person referred to by the Deputy presently has not been registered yet.

The Citizenship Division of my Department are currently registering applications from April 2024.

Once registered, a Personal ID and Citizenship application reference number will formally issue.

However, when the applicant submitted the online application for Naturalisation an auto-receipt will have been emailed.

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.

An Garda Síochána

Ceisteanna (347, 348)

Mark Ward

Ceist:

347. Deputy Mark Ward asked the Minister for Justice the cost to the OPW of providing dog kennels in Garda dog handlers' homes, per kennel, in each of the past ten years, in tabular form; and if she will make a statement on the matter. [39002/24]

Amharc ar fhreagra

Mark Ward

Ceist:

348. Deputy Mark Ward asked the Minister for Justice the cost to the OPW of providing electrical vehicle charging points in Garda stations in the Dublin metropolitan region, per station, in each of the past five years, in tabular form; and if she will make a statement on the matter. [39003/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 347 and 348 together.

The Deputy has been provided with a response to these questions by the Minister of State at the Department of Public Expenditure, National Development Plan Delivery and Reform, on 19 September in response to parliamentary questions 137 and 138 of that date.

The Deputy was informed that the provision of dog kennels at the homes of dog handlers in the past ten years was funded by An Garda Síochána, as was the cost of providing electrical vehicle charging points in Garda stations in the Dublin Metropolitan Region, per station, in each of the past five years. There was no cost to the OPW.

The OPW have a dedicated email address for members of the Oireachtas to send queries to, and it is of course open to the Deputy to contact the OPW directly at ministersoffice@opw.ie for further information.

Question No. 348 answered with Question No. 347.

Citizenship Applications

Ceisteanna (349)

Colm Burke

Ceist:

349. Deputy Colm Burke asked the Minister for Justice when a citizenship application will be completed, in view that it is 23 months since the application (details supplied) was first lodged; and if she will make a statement on the matter. [39010/24]

Amharc ar fhreagra

Freagraí scríofa

The naturalisation application from the person referred to by the Deputy continues to be processed by my Department.

I understand the extended wait times can be frustrating for applicants. I want to assure anyone who has an application for naturalisation submitted that the Citizenship Division of my Department is doing everything possible to progress applications as quickly as possible.

It is important to note that no two applications are the same and some take longer than others to process.

All applicants must undergo Garda vetting. Unfortunately, it is the case that some international checks can take a considerable amount of time and are largely out of the control of my Department. The previous backlogs in application processing in Citizenship had arisen largely due to the legacy of restrictions imposed on staff attendance in the office during the pandemic.

Since then, Citizenship Division have taken a significant number of steps to speed up the process for applicants. These included introducing an online digital application, online payments, and the introduction of eVetting. I am pleased to inform the Deputy that these changes are dramatically reducing processing times.

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.

An Garda Síochána

Ceisteanna (350)

Jennifer Murnane O'Connor

Ceist:

350. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the number of Gardaí within Carlow-Kilkenny division that are currently trained in the usage of drones. [39033/24]

Amharc ar fhreagra

Freagraí scríofa

I have contacted the Garda authorities for the information requested by the Deputy. Regrettably, this information was not available in time and I will write to the Deputy directly when it is to hand.

An Garda Síochána

Ceisteanna (351)

Jennifer Murnane O'Connor

Ceist:

351. Deputy Jennifer Murnane O'Connor asked the Minister for Justice further to Parliamentary Question number 309 of 2 July 2024, if she has received the necessary information from Garda authorities to answer this PQ. [39034/24]

Amharc ar fhreagra

Freagraí scríofa

I can confirm to the Deputy that I have received the necessary information from An Garda Síochána and a reply will issue to the Deputy shortly.

The annual report from the designated judge under the Communications (Retention) of Data Act 2011 was laid before the Oireachtas on 11 July 2024. The report contains a thorough review on the operation of the Act.

An Garda Síochána

Ceisteanna (352)

Éamon Ó Cuív

Ceist:

352. Deputy Éamon Ó Cuív asked the Minister for Justice the number of stations in the Connemara area that do not have a Garda assigned, and the names of these stations ; and if she will make a statement on the matter. [39061/24]

Amharc ar fhreagra

Freagraí scríofa

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 various Garda stations. As Minister, I have no role in such matters.

The Government is committed to ensuring that An Garda Síochána has the resources it needs to fight crime and a strengthened, well-resources garda organisation is central to this policy. An Garda Síochána has been allocated unprecedented funding of over €2.35 billion for 2024, a 25% increase since 2020 allowing for the continued recruitment of Garda members and staff. As a result, there are now around 14,000 Garda members nationwide as of 30 June 2024.

While the Garda Commissioner is operationally responsible for the allocation of Garda resources, I engage regularly with him to ensure our Gardaí have the resources they need. I am informed that when allocating and transferring Garda members to and from any Division, consideration is given to commitments and undertakings outlined in the Annual Policing Plan and priorities as determined in delivering ‘A Policing Service for The Future’.

I understand that the requirements of all Garda Divisions nationwide are also taken into account, which include:

• Local and national crime trends and workloads;

• Policing arrangements and operational strategies;

• Minimum establishment statistics;

• Local population and trends, geographical area and size;

• Transfer applications, including welfare, personnel issues and concerns.

The Deputy may also be aware that An Garda Síochána do not police on a station basis, but rather on a Divisional basis, and see stations as locations within communities for people to attend, and for resources to be accommodated. Policing for an area will be delivered using all resources in a Community Engagement Area and supported by Divisional resources and units.

The rollout by the Garda Commissioner of the new Garda Operating Model is continuing and meets a key recommendation of the Commission on the Future of Policing in Ireland. The model, which is now fully operational in Galway, is designed to make changes to the structures of An Garda Síochána to provide for more frontline Gardaí, increased Garda visibility, and a wider range of policing services for people in their local area.

I am advised by the Garda authorities that as of 30 June 2024, the latest date for when figures are available, there were 599 Gardaí assigned to the Galway division, which represents an increase of 7% since 2015.

In the interest of transparency, detailed information in relation to the allocation of Gardaí by division, station and rank can be found at the following link: www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/ .

For the Deputy's information, the most up to date information in relation to the opening hours of individual Garda stations can be found using the following link:

www.garda.ie/en/contact-us/station-directory/ .

Official Engagements

Ceisteanna (353)

Matt Carthy

Ceist:

353. Deputy Matt Carthy asked the Minister for Justice the contact she or any Minister in her Department have had with any Minister or official in the government of Israel since January 2014; the nature of these contacts, the purpose of these contacts; if a record was kept; and if she will make a statement on the matter. [39075/24]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that neither I nor Minister of State Browne have met with any Minister or official in the Israeli Government. In the past year, I received a meeting request from the Israeli Ambassador to Ireland which was provisionally scheduled for February 2024. However ultimately this meeting did not take place.

My Department remains keenly aware of the grave humanitarian crisis in Gaza and my officials continue to work closely with colleagues in the Department of Foreign Affairs to ensure a coordinated national response to the volatile and evolving situation in the region. This includes working to assist in evacuating Irish citizens and their families who may require visa assistance.

The Deputy should note that my Department manages its records in compliance with requirements under the National Archives Act (1986), Data Protection Acts (1988 to 2018), Freedom of Information Act (2014), General Data Protection Regulation (GDPR) and the Regulation of Lobbying Act (2015).

Departmental Consultations

Ceisteanna (354)

Catherine Murphy

Ceist:

354. Deputy Catherine Murphy asked the Minister for Justice if she, her special advisory teams, or senior officials have consulted with, received briefings or sought advice from an external communications expert or communications consultancy company, or a public relations or public affairs company, in 2022, 2023 and to date in 2024; the costs associated with those interactions; the names of those that have been engaged with; the subject matter or topics the engagements related to, in tabular form; and if she will make a statement on the matter. [39137/24]

Amharc ar fhreagra

Freagraí scríofa

There has been no expenditure by my Department in the years referred to on external communications or public relations experts or consultancy companies relating to briefings or advice to Ministers, special advisers or senior officials.

Agriculture Schemes

Ceisteanna (355)

Michael Ring

Ceist:

355. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine in relation to the scoring for the ACRES, if farmers can be advised of what their scoring is; if farmers will be given time to rectify the issues that exist in the case of low scores; and if he will make a statement on the matter. [38527/24]

Amharc ar fhreagra

Freagraí scríofa

A summary report of the scores achieved is issued to all relevant ACRES participants following the processing of their annual payment. This sets out the scores achieved for each parcel, and includes management tips on how to maintain or improve the score and thereby increasing payments in subsequent years.

These summaries are made available to farmers in the document manager in their AgFood account, followed by a hard copy by post. Over 26,000 summary reports have now issued in respect of Scheme year 2023 results-based actions, as well as a further 6,300 commonage scorecard reports.

It is recommended that participants discuss the scores with the relevant assessor in the first instance, in order to gain an understanding of the basis for the score (a range of factors is considered, which in turn depends on the type of scorecard that is relevant to the land in question). A participant may contact my Department to obtain the contact details of the group or individual that assessed their commonage if they are unsure how to make contact with them.

It is important to note that the relevant land is scored three times over the five-year contractual period - the first scoring is carried out in year 1 in order to establish baseline values, and the land is scored again in years three and five. Participants can declare on their their annual claim, under the Basic Income Support for Sustainability if they wish to amend the years that the lands are scored, or have the lands scored in additional years.

Non Productive Investments (NPIs) are also an integral part of the ACRES scheme, and are available to Co-operation stream participants to help them improve field scores and, hence, increase their overall ACRES payment. Despite challenges with the issuing of approvals arising from the first application window, I expect these to commence before the end of the year. I was also pleased to announce the opening of the second NPI application window on 17 September, and I encourage all CP farmers to avail of the funding available to them through uptake of these important environmental investments.

Harbours and Piers

Ceisteanna (356)

Mairéad Farrell

Ceist:

356. Deputy Mairéad Farrell asked the Minister for Agriculture, Food and the Marine if he and his officials will ensure that the installation of any proposed floating pier at Inchagoill Island in Lough Corrib special area of conservation, County Galway, by Coillte will be subject to an appropriate assessment screening as required under the EU Habitats Directive considering that Coillte is a public authority under S.I. No. 477/2011 - European Communities (Birds and Natural Habitats) Regulations 2011; and if he will make a statement on the matter. [38666/24]

Amharc ar fhreagra

Freagraí scríofa

Coillte was established as a private commercial company under the Forestry Act, 1988. Day-to-day operational matters are the responsibility of the company.

Agriculture Industry

Ceisteanna (357)

Colm Burke

Ceist:

357. Deputy Colm Burke asked the Minister for Agriculture, Food and the Marine the action his Department is taking to ensure that a herd number transfer request (details supplied) which was submitted over 12 months ago is processed and completed at the earliest possible date; and if he will make a statement on the matter. [38678/24]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that an application form was received on the 27th April 2023 to transfer the role of herdowner as per the details supplied. This application was processed and a letter of confirmation sent to the herdowners on the 3rd of May 2023.

My Department has no record of receiving a transfer request application form in September 2023. If the person named wishes to carry out another transfer they should contact the Regional Veterinary Office in Cork.

Agriculture Supports

Ceisteanna (358)

Cathal Crowe

Ceist:

358. Deputy Cathal Crowe asked the Minister for Agriculture, Food and the Marine the reason many young farmers (details supplied) are being denied young trained farmer grants and supports; if he proposes to change the existing definition of what constitutes a ‘young trained farmer’; if he will consider amending the qualifying terms and conditions relating to ‘young trained farmer’ relief and grants; and if he will make a statement on the matter. [38707/24]

Amharc ar fhreagra

Freagraí scríofa

EU Regulation 2021/2115 establishing rules for Strategic Plans to be drawn up by Member States under the CAP sets out that a young farmer shall be determined in such a way as to include an upper age limit, the conditions for being head of holding and the appropriate training or skills required, as determined by Member States. In Ireland’s case the appropriate training or skills are defined as a recognised course of education in agriculture giving rise to an award at Level 6 or equivalent on the National Framework of Qualifications.

This educational qualification requirement is included in the definition of a young farmer approved as part of the overall approval of Ireland’s CAP Strategic Plan by the European Commission. To be considered as an eligible young farmer for the purpose of receiving supports available under the CAP 2023-2027, the applicant must meet all of the requirements set out in the definition of a young farmer, including the educational qualification requirement. There are no plans to amend the definition of a young farmer as set out in the CAP Strategic Plan.

Taxation measures such as Stamp Duty relief for young trained farmers and 100% Stock Relief for young trained farmers have also been designed to require a minimum agricultural educational requirement. There are a number of options available for completing agricultural education programmes, including part-time and distance courses.

Harbours and Piers

Ceisteanna (359)

Michael Healy-Rae

Ceist:

359. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if funding will be provided for urgent works on the slipway at Renard Pier, Caherciveen (details supplied); and if he will make a statement on the matter. [38720/24]

Amharc ar fhreagra

Freagraí scríofa

The responsibility for the development and maintenance of local authority owned piers, harbours and slipways rests with each local authority in the first instance. However, as part of the annual Fishery Harbour and Coastal Infrastructure Development Programme, my Department has, in previous years, provided funding to assist coastal local authorities in carrying out small scale projects for the development and repair of piers, harbours and slipways in their ownership. Between the years 2011 to 2021, Kerry County Council received funding of over €2 million from my Department of which over €335,000 was in respect of works to Renard pier.

Most recently under the Brexit Adjustment Local Authority Marine Infrastructure (BALAMI) Scheme 2022-2023, Kerry County Council received €2.4 million for five completed projects at the close of the Scheme. The Scheme was funded under the Brexit Adjustment Reserve to help fishing and coastal communities to address the impacts of Brexit through the delivery of safe, accessible, lasting infrastructure and support economic diversification right around our coastline.

The projects put forward were submitted and prioritised by Kerry County Council. Renard Pier project was submitted in the second tranche of the Scheme for two phases of works – structural repair works to the pier to facilitate fish landings and widening of the slipway to accommodate a larger ferry. The works to the slipway did not sufficiently demonstrate the benefits to the fishing community and so did not meet the Scheme criteria. The pier repair works received approval for €1.89 million, however Kerry County Council reported that these works encountered delivery challenges in relation to design methodology and supply chain issues that inhibited delivery within the eligibility period of the Brexit Adjustment Reserve. In view of the importance of this project to the local fish processing industry at Renard, I decided that this repair project needs to be delivered and I agreed to allocate Exchequer funding up to €1.89 million in 2024. It is the responsibility Kerry County Council to deliver the project before the end of the year.

Roinn