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Written Answers Nos. 687-711Naturalisation Applications 687. Deputy Sean Sherlock Minister for Justice (Deputy Helen McEntee): 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 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. Commencement of Legislation 688. Deputy Michael Healy-Rae Minister for Justice (Deputy Helen McEntee): On 26 December 2020, I announced my plan to begin the full operation of the Parole Board, including the development of a critical path to its establishment, which envisages the new Board being fully operational by July 2021. The Government has supported this commitment with funding allocated for the Parole Board for 2021 of €1.3 million, which is more than double previous allocations. This substantial increase will allow for the implementation of the model of parole as envisaged under the Parole Board Act. Since my appointment as Minister for Justice in June 2020, I have put in place a dedicated project team to coordinate, track and drive forward this work across this Department and the Justice Sector. To date, the team has consulted with a number of key stakeholders and an outline project plan has been finalised. This plan maps out a critical path of the various milestones to be achieved from now through to the commencement of the Act and the establishment of the Board in 2021. In terms of next steps, I expect accommodation for the new Board to be secured in Q1 2021, with the appointment of staff and the CEO will take place soon thereafter. Further to that, a draft Legal Aid Scheme with accompanying legal procedures and guidance should be prepared in Q2 2020. My goal is for the full complement of Board members to be ready and available for appointment by mid-June 2021. The final stage of the process will be the drafting and signing of the Commencement Order, which I expect to be ready by July 2021. Once this is signed the Board members will be appointed and the new Statutory based Parole Board established. Deportation Orders 689. Deputy Pa Daly 700. Deputy Cian O'Callaghan 727. Deputy Matt Carthy Minister for Justice (Deputy Helen McEntee):
*The figures for all deportation orders enforced (42) includes those deportation orders enforced in respect of failed international protection applicants. By way of comparison, a total of 154 deportation orders were enforced in 2019. Inquiry into the Death of Mr. Shane O'Farrell 690. Deputy Jim O'Callaghan Minister for Justice (Deputy Helen McEntee): Judge Haughton furnished an interim report to my predecessor in November 2019. In his interim report, the Judge stated that he would not restrict or limit Shane's family in their submissions to him or the nature and extent of the documentation they wished to furnish to him in his scoping exercise. I can confirm that my Department recently received a letter from Judge Haughton updating the Department on his progress. In this correspondence, the Judge requested a further extension of the timeline to 29 January 2021 and set out a clear and detailed rationale for this extension. I understand from Judge Haughton that he provided a copy of this letter to the O'Farrell family and I also wrote to the family to inform them of the extension. While I genuinely regret this further delay, I am also aware that the Judge is doing all that he can to ensure that the concerns which the family have raised with him during the process are followed through to the greatest extent possible and this requires additional time. With regard to any further extensions, the Judge is of course completely independent in his work on this scoping exercise, and I cannot intervene in the process, nor can I place any restrictions on the Judge. My Department is providing all necessary assistance to the Judge to enable him to complete his report, and I look forward to receiving it in the near future. Animal Welfare 691. Deputy Peadar Tóibín Minister for Justice (Deputy Helen McEntee):
Table 2: Reported ‘Offences Against Animals’ incidents for the years 2016 – 2020 by subject animal family with one or more associated charge or summons
I am advised by the Garda authorities that data was downloaded from PULSE on 6th January 2021. Crime counting rules were not applied to data. Garda Síochána Ombudsman Commission 692. Deputy Catherine Murphy Minister for Justice (Deputy Helen McEntee): I can inform the Deputy that I am aware of the investigation undertaken by the Ombudsman Commission in this case. However, as the matter is still open pending the conclusion of an inquest into the death by the Coroner for Westmeath, it would not be appropriate for me to comment further at this time. While the Garda Síochána Act 2005 does not make provision for appeals against GSOC investigations, persons who have issues with the conduct of an investigations may contact the Ombudsman Commission directly to articulate their concerns. Individuals may also seek independent legal advice in such circumstances. Coroners Service 693. Deputy James Lawless Minister for Justice (Deputy Helen McEntee): In the Dublin District, the average interval between date of death and the holding of an inquest is 20 months due to volume of work. The holding of this inquest might have been expected to have occurred mid-2020. However, complex inquests requiring clinical witnesses to attend court, as in this case, have been significantly delayed due to COVID-19 related public safety restrictions. I understand that the Dublin Coroner’s office has been in communication with the bereaved family in relation to this matter, most recently on 15 December 2020. Prison Mental Health Services 694. Deputy Martin Kenny Minister for Justice (Deputy Helen McEntee): As the Deputy will be aware, the priority status afforded to this issue is acknowledged in the Programme for Government in that it commits to establishing the high-level cross-departmental / cross-agency taskforce to which the Deputy refers. This high-level taskforce will, inter alia, consider how best to provide for the mental health and addiction challenges of those imprisoned, and primary care support on release. In order to progress this matter, I met with my colleague the Minister for Health in September to lay the foundations for advancing work on this commitment without delay because I believe that a properly constituted taskforce with the support of both Departments can drive much needed transformation in this area. It is widely acknowledged that every person with mental health difficulties coming in contact with the criminal justice system should have access to comprehensive mental health support. The Deputy may appreciate that delivering on this requires considerable planning for, and implementation of, an appropriate model of care for this vulnerable group. This will be a complex body of work with a number of cross-cutting issues that cannot be addressed in isolation. I am pleased to say that collaboration with the Department of Health on the development of Terms of Reference and structure for the establishment of the Task Force is now at an advanced stage. The terms of reference have been agreed in principle between the two Departments. Work is now underway to identify a chair and put in place other administrative details as soon as possible. We do recognise the urgent need to design and put in place proper systems to care for the most vulnerable people who come into contact with the criminal justice system as a priority and our objective, at present, is to move this matter forward in the first quarter of 2021. Any future funding considerations will also form part of the ongoing work to progress this matter. Finally, I believe that it is important for me to state that this Government is fully committed to implementing the longer-term changes required to make our penal system safe, effective and responsive to the needs of all prisoners, especially vulnerable persons. While it is unlikely there are quick fix solutions to some of the issues as highlighted by the recent report from the Council of Europe Committee on the Prevent of Torture, we are determined to work intensively together to ensure all people get the care and support they need from our system. Public Consultation Process 695. Deputy Martin Kenny 696. Deputy Martin Kenny Minister for Justice (Deputy Helen McEntee): Prison Facilities 697. Deputy Martin Kenny Minister for Justice (Deputy Helen McEntee): The ethos upon which the Dóchas Centre is operated is that the women prisoners should live together in a community style setting. The women are accommodated in houses rather than cell blocks and there is no categorisation of female prisoners. The regime in the Dóchas Centre is very much focused on training and rehabilitation. However, the requirement to ensure the safety and security of all those who live and work in our prisons is universal and in that regard there were changes made in 2019 to enhance the structure of the prison day in the Dóchas. I am informed by the Irish Prison Service that this has enhanced the regime in the prison and allowed for greater access to vital rehabilitative services. As a result, the women accommodated in the Dóchas now have better access to important services such as mental health services, Psychology Service and Addiction Counsellors. The Prison Service is acutely aware of the fact that women prisoners are a vulnerable group within the prison system and is aware that the supports for female offenders and their rehabilitative needs are very different to male offenders. The Deputy will wish to be aware that staff working with female offenders are provided with bespoke training and in February 2020 the Prison Service introduced a new tailored programme for staff to address the special needs of women prisoners called ‘Working with Women in Custody’. To enhance the rehabilitative opportunities for female offenders a new programme in partnership with the Probation Service, called the Outlook Programme which is a step down unit for women offenders, was opened in May 2019. The project is managed by Focus Ireland and the vision of the programme is to promote the rehabilitation and re-integration of women leaving prison and those who have accommodation needs requiring support in the community. Finally, it may interest the Deputy to know that the construction of a new prison facility to provide accommodation for 50 female prisoners in Limerick Prison is scheduled to become operational in Q4 2021. The design of the facility is based on the principle of rehabilitation and normalisation recognising the unique requirements of female offenders. Immigration Status 698. Deputy Bernard J. Durkan Minister for Justice (Deputy Helen McEntee): 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, 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. Citizenship Applications 699. Deputy Róisín Shortall Minister for Justice (Deputy Helen McEntee): It is a requirement of the naturalisation process that a current passport must accompany every application. The identity of every applicant must be confirmed to the greatest extent possible and a passport is a primary identifier. Under normal circumstances, passports are returned approximately 10 days after their receipt. However, the current limits on staff attendance in the office due to COVID-19 restrictions have resulted in delays in the return of some passports. Applicants are advised not to send in their application during the pandemic if they anticipate that they may have to travel at short notice. However, I fully appreciate that people may have to travel at short notice for emergency reasons. The citizenship website advises that in these circumstances, applicants should email the citizenship helpdesk with the relevant details. Any request must be accompanied by appropriate scanned supporting material detailing the reasons for travel, such as medical information. Any request of this nature is dealt with promptly. In general, the current target is that it should take around 12 months for a standard application for a certificate of naturalisation to be processed from the date it is received to the date a decision is made. However, for a broad range of reasons, some cases will take longer than others to process. Processing timescales can be impacted by incomplete applications having to be returned; further documentation being required from the applicant; where the payment of the required certificate fee is awaited; or if the applicant has not been engaging with the Immigration Service of my Department. In some instances, the input of several government agencies, both within and outside the jurisdiction is required to process an application and the request and receipt of information from these sources can result in delays in processing some applications. Issues can also arise at the final stage of the naturalisation process, for example, where additional information comes to light, which is required to be considered before a final decision is taken. I am conscious that a significant backlog has built up regarding the granting of citizenships due to the inability to hold in person ceremonies during Covid-19. Unfortunately, the pandemic has prevented the holding of such ceremonies, which are usually attended by hundreds of people and which have become a welcome addition to our public and civic life. This month, I will re-start the process of granting citizenship, without the need to hold in person ceremonies, and I will outline the details of this shortly. Question No. 700 answered with Question No. 689. Family Law Cases 701. Deputy Cian O'Callaghan 707. Deputy Cian O'Callaghan Minister for Justice (Deputy Helen McEntee): The Government is committed to modernising the operation of the Family Justice system, to ensure we have more efficient and user-friendly family court system that puts the family at the centre of its work. I have noted that the Oireachtas Joint Committee on Justice and Equality Report on Reform of the Family Law System includes recommendations on a range of issues connected with family justice including the recommendation referred to by the Deputy on parental alienation. As the Deputy may be aware, there is no specific legislative provision regarding parental alienation in Irish family law. However section 246 of the Children Act 2001 provides for an offence of frightening, bullying or threatening a child in a manner likely to cause unnecessary suffering or injury to the child's physical, mental or emotional health or wellbeing. There are also legislative provisions in place to deal with child welfare particularly regarding the relationship between a child and his/her parents or guardians, providing the framework for a legal response to a wide spectrum of child welfare issues. As this is a complex area, I am planning for research to be carried out on parental alienation by my Department this year. My Department has also recently established the Family Justice Oversight Group which will agree a high-level vision and key medium and longer-term objectives for the development of a national family justice system in parallel with the establishment of a dedicated Family Court structure as envisaged by the forthcoming Family Court Bill and set out in the Programme for Government. As part of its work, the oversight group will consider the various recommendations, including the recommendation on parental alienation, contained in the Report of the Oireachtas Joint Committee on Justice and Equality on Reform of the Family Law System. The Family Court Bill will be a key element of the development of a more efficient and user-friendly family court system that puts families at the centre of its activities, provides access to specialist supports and encourages the use of alternative dispute resolution in family law proceedings. The development of sensible, comprehensive and sensitive family law procedures, particularly for vulnerable families, will be central to the new system. Proposed Legislation 702. Deputy Cian O'Callaghan Minister for Justice (Deputy Helen McEntee): Family Reunification 703. Deputy Cian O'Callaghan Minister for Justice (Deputy Helen McEntee): The pandemic has had a significant impact on my Department’s Immigration Service Delivery (ISD). In line with Government and public health advice, ISD has implemented a suite of measures for the safety of our staff and customers to help in reducing the spread of the virus, which have impacted on the processing capacity of some units in ISD. While there have been some delays, ISD has continued to accept and process applications for family reunification throughout the pandemic. Family Reunification 704. Deputy Cian O'Callaghan Minister for Justice (Deputy Helen McEntee): The Irish Refugee Protection Programme Humanitarian Admission Programme (IHAP), announced in May 2018, is part of the Government's plan to realise the full commitment of 4,000 people agreed under the first phase of the IRPP in September 2015. The programme allows holders of an international protection status in Ireland, (i.e. refugees with Convention or Programme Refugee status), holders of Subsidiary Protection grants, and Irish citizens, to make a proposal to me to bring to the State their family members who are nationals of one of the top ten major source countries of refugees as identified by the UNHCR Annual Global Trends Report. IHAP received proposals for inclusion in the programme within defined periods or ‘windows for submissions’. The first window for accepting proposals ran from 14 May 2018 to 30 June 2018. Processing of the proposals from this first window was completed in 2018. A second window for the submission of proposals ran from 20 December 2018 until 8 February 2019. The first IHAP round granted permission to 165 beneficiaries. To date, the second round of the IHAP has granted permission to 591 beneficiaries. Human Rights 705. Deputy Cian O'Callaghan Minister for Justice (Deputy Helen McEntee): Dublin-Monaghan Bombings 706. Deputy Charles Flanagan 708. Deputy Jim O'Callaghan 709. Deputy Jim O'Callaghan 715. Deputy Patrick Costello 716. Deputy Patrick Costello Minister for Justice (Deputy Helen McEntee): As the Deputies will be aware, former Chief Constable Jon Boutcher heads up a series of ongoing independent UK police investigations or reviews into Northern Ireland legacy cases that are collectively described as the Kenova cases. ‘Operation Kenova’ was the first such investigation and is investigating a range of criminal activities including incidents of murder which are allegedly connected with a British Army Agent known as “Stakeknife”. More recently, ‘Operation Denton’, or the Barnard Review, was established under Kenova. It is an independent Analytical UK Police Review into matters pursuant to the ‘Barnard Judgment’ [Northern Ireland Court of Appeal dated 5th of July, 2019]. This analytical review concerns collusion in what has become known as the Glenanne Gang Series. The Deputies will appreciate that the manner in which these police investigations and reviews are pursued is entirely a matter for Operation Kenova. The issue of co-operation by An Garda Síochána with Operation Kenova and Operation Denton is an operational matter and one in which I do not have a role. I can however inform the Deputies that there are arrangements are in place which support the mutual co-operation, assistance and exchange of information between An Garda Síochána and the Operation Kenova Investigation Team and that engagement is ongoing at this time. The Historical Investigation Coordination Unit within An Garda Síochána will continue to support this partnership. I can advise the Deputies of my continuing commitment to supporting An Garda Síochána in pursuing this work and in providing assistance to the greatest extent possible. More generally, the Deputies will appreciate that dealing with the legacy of the troubles on this island is a difficult and complex task. The Stormont House Agreement sets out a series of useful measures in this regard to establish effective ways to address the legacy of the troubles. The Government remains fully committed to the implementation of those measures and working in the interests of victims and their families. Question No. 707 answered with Question No. 701. Questions Nos. 708 and 709 answered with Question No. 706. Naturalisation Applications 710. Deputy Niall Collins Minister for Justice (Deputy Helen McEntee): The standard certification fee is set at €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of recognised refugees and stateless persons, there is no certification fee. There is no provision in the Regulations for the discretionary waiver or reduction of fees, or for differing fees to apply to different nationalities or classes of applicant. All of the fees payable under the Irish Nationality and Citizenship Act 1956, as amended are kept under ongoing review by my Department. However, there are no current plans to amend the fees. Naturalisation Applications 711. Deputy Neale Richmond Minister for Justice (Deputy Helen McEntee): Due to the restrictions imposed as a result of the pandemic, I have provided six extensions of immigration permission to 20 April 2021 to ensure that those requiring an immigration permission to work in the state could continue to do so including those providing frontline services. I am conscious that a significant backlog has built up regarding the granting of citizenships due to the inability to hold in person ceremonies during Covid-19. Unfortunately, the pandemic has prevented the holding of such ceremonies, which are usually attended by hundreds of people and which have become a welcome addition to our public and civic life. I will this month re-start the process of granting citizenship, without the need to hold in person ceremonies, and I will outline the details of this shortly. It is anticipated that, as the backlog is cleared, frontline workers who are awaiting naturalisation will be among those granted citizenship under the new approach. |
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