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Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Helen McEntee: I appreciate that the amendment does not propose to change the substance of the Bill.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Helen McEntee: For the reasons I have outlined, we have tried to keep the criteria as broad as possible to ensure that persons who see that their area of expertise is not included will not feel they are excluded and cannot apply, whether that is environmental law or another area. I would argue that there is a huge focus on and need to have expertise in the area of family law, which raises the question of...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Helen McEntee: This amendment seeks to add an extra layer. Section 21 already provides that "The Government may remove a lay member from office [on] one or more of the grounds specified". There is a requirement for a resolution to be passed by each House of the Oireachtas, including the Seanad, before that is done. This additional safeguard is already in the Bill. I think that adding the committee on...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Helen McEntee: I appreciate where Senator Hoey is coming from in outlining this issue. However, I share Senator McDowell's concerns. The amendment proposes to insert: "references to the improvement of diversity shall be construed to include improvement of representation of persons or classes...". How could that be done without having to ask each individual applicant in the interview process about his or...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Helen McEntee: The answer is "Yes". We are setting out a clear process that will apply to every individual regardless of whether he or she is a sitting judge or a solicitor or barrister applying for the first time. Everyone will come through the same process. I appreciate that the Constitution sets out that the Government appoints judges. That is why I am not recommending that one name be put forward to...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Helen McEntee: I will try my best to respond to many of the points that have been made. First, I will touch on an area Senator Ward focused on, namely the purpose and intention behind this Bill. One of the key elements of reform is the fact that any individual, be he or she a sitting barrister, solicitor, legal academic or a sitting judge, would go through the same process. I appreciate it is a departure...

Written Answers — Department of Justice and Equality: International Protection (26 Oct 2022)

Helen McEntee: The State is required to examine applications for international protection by anyone who is at the borders of the State or is in the State and indicates they wish to make an application. This is in accordance with our obligations under international and EU asylum law, which does not allow any Member State to place a cap on the numbers of persons who may apply for international protection. ...

Written Answers — Department of Justice and Equality: Legislative Reviews (26 Oct 2022)

Helen McEntee: The Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments and facilitating the fair, efficient and effective management of owners' management companies (OMCs). The Programme for Government contains a commitment to conduct a review of the existing management company...

Written Answers — Department of Justice and Equality: An Garda Síochána (26 Oct 2022)

Helen McEntee: As the Deputy will be aware, the Garda Commissioner is responsible under the Garda Síochána Act 2005 (as amended) for the management and administration of Garda business, including the recruitment and training of Garda members and staff. The Commissioner is also responsible for all internal Garda HR matters. As Minister I play no role in these independent functions. To be of...

Written Answers — Department of Justice and Equality: Deportation Orders (26 Oct 2022)

Helen McEntee: I propose to take Questions Nos. 148 and 149 together. I can advise the Deputy that when issued with a deportation order, the person concerned is required to remove themselves from the State. Many people comply with this and leave the country, without notifying the immigration authorities that they have done so. However where a person does not voluntarily return to their own country, Ireland...

Written Answers — Department of Justice and Equality: Immigration Policy (26 Oct 2022)

Helen McEntee: I propose to take Questions Nos. 150, 151, 153 and 154 together. Currently, section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that an application for a certificate of naturalisation may be made on behalf of a minor born in the State. One of the conditions for naturalisation is that the person who makes the application on the minor’s behalf, must be...

Written Answers — Department of Justice and Equality: Immigration Policy (26 Oct 2022)

Helen McEntee: As the Deputy will be aware, when the Government formed we committed in the Programme for Government to create new pathways for long-term undocumented people and their dependents who must meet specified criteria to regularise their immigration status. I launched the scheme for the Regularisation of Long Term Undocumented Migrants earlier this year for a 6 month period and the scheme closed...

Written Answers — Department of Justice and Equality: Naturalisation Applications (26 Oct 2022)

Helen McEntee: The granting of Irish citizenship through naturalisation under the provisions of the Irish Nationality and Citizenship Act 1956, as amended, is a privilege and an honour which confers certain rights and entitlements, not only within the State but also at European Union, as well as international level. It is therefore important that appropriate procedures are in place to ensure that the...

Written Answers — Department of Justice and Equality: Naturalisation Applications (26 Oct 2022)

Helen McEntee: For the period referred to by the Deputy, a total of six revocations have taken place arising from voluntary revocation or information coming to light regarding identity. A Committee of Enquiry into Revocations has been established to consider individual cases under the Act and make recommendations to me for final decision. There have been seven hearings by the Committee of Enquiry into...

Written Answers — Department of Justice and Equality: Naturalisation Applications (26 Oct 2022)

Helen McEntee: The 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 in line with the eligibility criteria as set out under this Act. Following the Supreme Court judgment in Pourgholami v Minister for Justice and Equality, a Single Person...

Written Answers — Department of Justice and Equality: Immigration Status (26 Oct 2022)

Helen McEntee: It has not been possible to compile this information in the time available. I will write to the Deputy directly with the information requested, when it is available.

Written Answers — Department of Justice and Equality: Immigration Policy (26 Oct 2022)

Helen McEntee: Statelessness results from the complex interaction of many legal and other factors. There is no specific determination process for recognition of stateless persons in Ireland; claims of statelessness can arise at any point in the immigration and protection processes and the numbers involved are very low. My Department deals with such cases without recourse to a determination of their...

Written Answers — Department of Justice and Equality: International Protection (26 Oct 2022)

Helen McEntee: My Department received 1,105 family reunification applications for 3,117 family members under the International Protection Act 2015 between 1 January 2021 and 24 October 2022. The table below gives the number of applications received, including the number of family members encompassed in those applications, broken down by year. Year No. of Applications No. of...

Written Answers — Department of Justice and Equality: Legislative Measures (25 Oct 2022)

Helen McEntee: The Programme for Government contains a commitment to conduct a review of the existing management company legislation, to ensure that the legislation, i.e. the Multi-Unit Developments Act 2011, is fit for purpose and that it acts in the best interests of residents. This will be led by my Department, supported by the Department of Housing, Local Government and Heritage. Section 1 of the...

Written Answers — Department of Justice and Equality: An Garda Síochána (25 Oct 2022)

Helen McEntee: As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the distribution of Garda resources between the various Garda Divisions. As Minister I have no role in this matter, I can assure the Deputy however that the Government is committed to ensuring An Garda Síochána has the resources it needs. The Government...

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