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Person Arrested Following Garda Operation In Cashel, Co. Tipperary.

A Garda and Immigration Bureau operation was conducted in Cashel last evening (December 9th).

Officials from the Work Relations Commission; the Dublin based Garda National Immigration Bureau and the Cahir District Immigration Officer, inspected multiple business premises within the Cashel area.

During this joint agency operation, a number of offences were detected.
One person was detained, with Court case to follow.

Minster Browne Welcomes Enactment Of Criminal Justice (Smuggling of Persons) Bill.

  • The Bill replaces and strengthens laws against people smuggling.
  • Covers a broader range of scenarios, and a broader geographic range.

The Minister of State at the Department of Justice, Mr James Browne TD, is pleased to announce that the Criminal Justice (Smuggling of Persons) Bill has completed all stages in the Oireachtas, and is expected to be signed into law by the President shortly. The Bill will replace and strengthen laws against people smuggling.

Minister Browne said,

“The terrible tragedy in the English Channel last month is a reminder, if one was needed, of the need to combat the unscrupulous practise of people smugglers.
This new legislation will help. The existing smuggling offence is difficult to prosecute, as it effectively requires the prosecution to prove that the defendant acted for gain. As this gain will typically occur outside the State, this has often been impossible.
The new Bill helps facilitate the cooperation required for us to continue to work together with our colleagues in the EU and the UK to combat smugglers who have no regard for the lives of the people they put at risk.”

Mr James Browne TD

The revised offence also covers a broader range of scenarios – it covers intentionally assisting entry, transit or presence where the person knows or has reasonable cause to believe that it is in breach of specified immigration law provisions. And while the existing offence is limited to facilitating the entry into the State, the revised offence covers smuggling into other countries (including EU Member States and parties to the UN Protocol against people smuggling).

The Bill ensures that a full defence is in place to protect those acting for genuine humanitarian purposes and not for gain, or on behalf of bona fide humanitarian organisations. It also ensures that smuggled persons are not criminalised by being smuggled.

The new legislation replaces most aspects of the Illegal Immigrants (Trafficking) Act 2000 and reflects the provisions of three international instruments against people smuggling:

  • EU Council Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence;
  • EU Framework Decision 2002/946/JHA on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence; and
  • UN Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the UN Convention against Transnational Organized Crime (2000).

Gardaí Seize Cocaine In Clonmel, Co. Tipperary.

This morning, December 7th, 2021, in Clonmel, Co. Tipperary, Gardaí from the District Drugs Unit, the Detective Branch and Regular units conducted a search under warrant, at a house in Clonmel town Co. Tipperary.

Cocaine with an estimated street value of over €2,500 euro was seized during this search operation.

A male in his 20’s was arrested and is currently detained under Section 4 of the Criminal Justice Act 1984.

Cabinet Approves Nomination For Chairperson Of Garda Síochána Ombudsman Commission.

Minister for Justice, Mrs Helen McEntee TD.
  • Government agree to nominate Judge Rory MacCabe as a member of and the next chairperson of the Garda Síochána Ombudsman Commission.
  • Judge MacCabe also nominated by Government for appointment to the High Court
  • His appointment to GSOC will be made by the President following nomination by the Government and the Oireachtas. Judge Rory MacCabe was called to the Bar in 1984 and admitted to the Inner Bar in 1999. He was appointed to the Circuit Court in 2007. Prior to joining the Bar he was a Civil Servant.
  • The Term of Office of the current Chair, Ms Justice Mary Ellen Ring, ends on 11th December 2021.

The Minister for Justice, Mrs Helen McEntee TD, has today received the approval of the Government for the nomination of Judge Rory MacCabe as a member of the Garda Síochána Ombudsman Commission (GSOC) and as its next Chairperson. The nomination follows a selection process which sought expressions of interest from serving or retired judges to fill the role of Chairperson upon the completion of the term of office of the current Chairperson.

The Garda Síochána Act 2005 provides that the GSOC chairperson and commissioners are appointed by the President on the nomination of the Government, following resolutions in the Dáil and Seanad. The Hon. Ms Justice Mary Ellen Ring, a High Court judge, is GSOC’s current Chairperson; her term of office is due to end on 11 December 2021. She will now return to the High Court.

Minister McEntee said,

“The nomination of Judge Rory MacCabe follows an assessment process conducted by a selection committee established by the Chief Justice; to identify suitable candidates to be appointed to the position of Chairperson of GSOC. I am delighted to be able to nominate a person of Judge MacCabe’s experience and calibre to this important body. In light of the significance of the role of the Chair of GSOC and the recent precedent, I have also received the approval of the Government to nominate Judge MacCabe to the High Court.

I will now arrange for the necessary resolutions to be moved in the Oireachtas recommending his appointment as Chair of GSOC by the President.

I would like to express my sincere gratitude to the outgoing Chairperson, the Hon Ms. Justice Mary Ellen Ring. Over the last six years, Ms Justice Ring has served with distinction as Chairperson, providing strong and effective leadership to the organisation and has ensured that its reputation as an independent, impartial investigator of complaints against members of An Garda Síochána, has been enhanced”

Minister McEntee Announces Scheme To Regularise Undocumented Migrants.

  • A once-in-a-generation scheme will be open to those who don’t have a current permission to reside in Ireland.
  • Scheme will open online for applications in January with applications accepted during 6 month window.
  • Applicants must have a period of 4 years undocumented residence in the State, or 3 years in the case of those with children.
  • Successful applicants will receive immigration permission, access to the labour market and can begin path to citizenship.

The Minister for Justice, Mrs Helen McEntee TD, has today announced that the Government has approved a scheme to regularise thousands of undocumented migrants and their families who are living in Ireland.

The scheme, which is a key part of Minister McEntee’s Justice Plan 2021, will be for long-term undocumented migrants and their eligible dependents, where the specific criteria is met.

It will enable eligible applicants to remain and reside in the State and to regularise their residency status.

There is no reliable data on the number of undocumented persons in the State but studies suggest there could be up to 17,000 undocumented persons including up to 3,000 children and that many could be in employment, although likely low paid employment.

Announcing the scheme, Minister McEntee said,

“I’m delighted that the Government has approved my proposal for this momentous, once-in-a-generation scheme.
Given that those who will benefit from this scheme currently live in the shadows, it is difficult to say how many will be eligible, but we are opening this scheme for six months from January to allow people come forward and regularise their status.
It will bring some much-needed certainty and peace of mind to thousands of people who are already living here and making a valuable contribution to our society and the economy, many of whom may be very vulnerable due to their current immigration circumstances.
As a result, they may be reluctant to seek medical assistance when ill, assistance from An Garda Síochána when they are the victim of a crime, or a range of other supports designed to assist vulnerable people in their times of need.
I believe that in opening this scheme, we are demonstrating the same goodwill and generosity of spirit that we ask is shown to the countless Irish people who left this island to build their lives elsewhere.”

People who are eligible under the scheme will:

  • Have a period of 4 years residence in the State without an immigration permission, or 3 years in the case of those with children on the date the Scheme opens for applications;
  • Be granted an immigration permission that allows for unrestricted access to the labour market; and
  • Have years of residence with that permission reckonable for the purposes of pursuing citizenship by way of naturalisation.
  • Those with an existing Deportation Order can apply, if they meet the minimum undocumented residence requirement.
  • Applicants must meet standards regarding good character and criminal record/behaviour and not pose a threat to the State.
  • Having convictions for minor offences will not, of itself, result in disqualification.

People with expired student permissions will also be able to apply.

Minister McEntee added,

“We know that regularisation programmes can yield import social benefits and improvements in economic living conditions and a reduction in the potential for exploitation in employment.
There are also economic benefits, both for the beneficiaries who are granted access to the labour market and who can benefit from a wider range of job opportunities, and for the State in terms of increased tax yields and social security contributions.
The scheme will include a parallel process to implement the recommendation included in the report of the Expert Advisory Group, led by Dr Catherine Day, by allowing international protection applicants who have an outstanding application for international protection and have been in the asylum process for a minimum of 2 years to apply.”

Outlining the rationale for this approach, Minister McEntee said:

“I am conscious of the recommendation made by the Expert Advisory Group, led by Dr Catherine Day, regarding people who have been in the protection process for two years or more.
In regularising those who are long-term undocumented in the State, the Government is keen to also ensure that we address any legacy asylum cases so that the new system envisaged under the White Paper can come into operation in 2024
I am committed to reducing processing times of both first instance decisions and appeals to 6 months respectively, which will ultimately benefit everyone in the protection process.”

The scheme was developed following a consultation process with key stakeholders including NGOs that work directly with people and families, who are in vulnerable immigration-related circumstances, as well as inter-Departmental and operational stakeholders.

The time-limited scheme will open for online applications in January 2022 and applications will be accepted for 6 months.