Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698135997881.pdf (Ireland)
Civil Law (Miscellaneous Provisions) Bill 2022 Bill No.
69 of 2022 Maeve Ní Liatháin, Senior Parliamentary Researcher (Law) Rebecca Halpin, Senior Parliamentary Researcher (Law) 30 June 2022 Abstract The Civil Law (Miscellaneous Provisions) Bill 2022 deals mainly with two distinct areas: • Measures to help Ukrainians who have settled here under the Temporary Protection Directive; • Procedures to allow for jurors to be selected and empanelled ahead of hearings of the Stardust inquests which are planned to take place in the Autumn.
Library & Research Service | Civil Law (Miscellaneous Provisions) Bill 2022 1 Contents Introduction ..................................................................................................................................... 2 Table of provisions .......................................................................................................................... 2 Part 8: Stardust Inquests ............................................................................................................... 12 Part 4: Immigration ........................................................................................................................ 13 Section 9 of the 2004 Act and the registration of non-nationals in the State .............................. 14 Registration districts .............................................................................................................. 14 Registration officers............................................................................................................... 14 Aliens Order 1946 ................................................................................................................. 15 Recent increased engagement with the State’s immigration system ......................................... 15 This L&RS Bill Digest may be cited as: Oireachtas Library & Research Service, 2021, L&RS Bill Digest: Civil Law (Miscellaneous Provisions) Bill 2022.
Bill No.

69 of 2021.

Legal Disclaimer No liability is accepted to any person arising out of any reliance on the contents of this paper.

Nothing herein constitutes professional advice of any kind.

This document contains a general summary of developments and is not complete or definitive.

It has been prepared for distribution to Members to aid them in their parliamentary duties.

Some papers, such as a Bill Digest, are prepared at very short notice.
They are produced in the time available between the publication of a Bill and its scheduling for second stage debate.

Authors are available to discuss the contents of these papers with Members and their staff but not with members of the general public.
© Houses of the Oireachtas 2022 Library & Research Service | L&RS Bill Digest 2 Introduction The Civil Law (Miscellaneous Provisions) Bill 2022 deals mainly with two distinct areas: • Measures to help Ukrainians who have settled here under the Temporary Protection Directive1 (for example allowing for registration with immigration authorities throughout the country rather than in Dublin only, and allowing Ukrainian driving licences to be used here); and • Procedures to allow for jurors to be selected and empanelled ahead of hearings of the Stardust inquests which are planned to take place in the Autumn.
Due to the short time between publication of the Bill (Wednesday 29 June) and second stage debate (Friday 1 July 2022) it is not possible to look at every Part of the Bill in detail.

The Digest concentrates on Part 4 (Immigration) and Part 8 (Stardust Inquest (Special Jury Provisions)).

The Table of Provisions summarises each provision in the Bill but the majority of them are not discussed further in the Digest.

The Bill is made up of 8 Parts and 62 sections.


Table of provisions A summary of the Bill’s provisions is included in Table below.

Table 1 Table of provisions of the Civil Law (Miscellaneous Provisions) Bill 2022 Section Title Effect Part 1: Preliminary and General (Department Of Justice) 1 2 3 Short title, collective citation Commencement Expenses The Act can be cited as the Civil Law (Miscellaneous Provisions) Act 2022.
(2) The Road Traffic Acts 1961 to 2018 and Part 7 may be cited together as the Road Traffic Acts 1961 to 2022.

Different parts of the Bill can be commenced at different times.

3 Government Ministers have responsibility for commencing parts of the Bill.

The expenses incurred by any Minister in the administration of this Bill will be paid out of monies provided by the Oireachtas.
Part 2: Financial Contribution for Hosting of Temporary Protection Beneficiaries 1 Oireachtas Library & Research Service, 2022, ‘L&RS Spotlight: Temporary Protection’.

No.

1 of 2022.

7 April 2022.

Library & Research Service | Civil Law (Miscellaneous Provisions) Bill 2022 3 Section Title Effect Interpretation (Part 2) This section defines the key terms in the Bill.
Expenses of Minister This section provides that expenses in the administration of this Part will be paid out of monies provided by the Oireachtas.

Eligibility for financial contribution This section sets out the conditions to be satisfied by a person to be entitled to a financial contribution.

Application for financial contribution An application for a financial contribution in respect of an eligible dwelling is to be made to the Minister for Social Protection.
Payment of financial contribution Where an applicant satisfies the conditions in respect of an eligible dwelling, a financial contribution in respect of the dwelling for the calendar month will be payable to the applicant by the Minister for Social Protection, who will be reimbursed for the amounts paid by the Minister for Children, Equality, Disability, Integration and Youth.

Amount of financial contribution The amount of a monthly contribution is €400, but this can be varied by order.
10 Appointed officers The Minister for Social Protection can designate staff to be appointed officers and to make decisions as to whether an applicant satisfies specified conditions in respect of an eligible dwelling.

11 12 13 14 Notification of decisions by appointed officer Appointed officers will notify applicants as to whether they are eligible for a financial contribution in respect of an eligible dwelling.
Appeals officers This section provides for the appointment by the Minister for Social Protection of appeals officers.

Appeals This section sets out how the appeals process will work.

Change in circumstances An applicant who becomes aware of a change in circumstances affecting his or her eligibility for a financial contribution shall notify the Minister for Social Protection of such change.
15 Recovery of overpayment This section provides for the recovery by the Minister for 16 17 Sharing of information Offences and Penalties Social Protection of financial contributions where there was no entitlement to such contributions.

This section provides for the sharing of information in respect of the financial contribution scheme.
A person who, for any purpose connected with this Part— (a) knowingly makes any statement or representation (whether written or verbal) Library & Research Service | L&RS Bill Digest 4 Section Title Effect which is to his or her knowledge false or misleading in any material respect, or knowingly conceals any material fact, or (b) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he or she knows to be false in a material particular, is guilty of an offence.
(2) A person guilty of an offence under subsection (1) shall be liable— (a) on summary conviction, to a class D fine (a maximum of €1,000) or imprisonment for a term not exceeding 12 months, or to both, or (b) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 3 years, or to both.

18 19 Provisions relating to prosecutions This section provides for the prosecution of offences under Part 2 of the Bill.
Disregard of financial contribution for purposes of means-testing This section provides that payments made under the financial contribution scheme will be exempt for means- testing in respect of a benefit granted by a public body.
20 Notifications (Part 2) 21 Regulations 22 23 24 Payment of financial contribution not to create landlord and tenant relationship Amendment of Taxes Consolidation Act 1997 Amendment of Residential Tenancies Act 2004 This section provides for the process of notifications under this Part of the Bill, except in respect of notifications regarding change in circumstances.

The Minister for Children, Equality, Disability, Integration and Youth has the power to make regulations under the Act.
Draft regulations must be laid before both Houses of the Oireachtas and a resolution approving them passed by both Houses before they can be made.

The payment of a financial contribution will not create a landlord and tenant relationship.

This section clarifies that a financial contribution in respect of an eligible dwelling under this Act will be exempt from income tax.
This section provides for an amendment to the Residential Tenancies Act 2004 to prevent the unintentional creation of a landlord and tenant relationship where accommodation is provided to a temporary protection beneficiary for six months or more.
Part 3 Amendments of Childcare Support Act 2018 (Department of Children, Equality, Disability, Integration And Youth) Library & Research Service | Civil Law (Miscellaneous Provisions) Bill 2022 5 Section Title Effect 25 Amendments of Childcare Support Act 2018 This section provides that families who are residing in the State under the Temporary Protection Directive will be eligible for supports under the Childcare Support Act 2018.
Part 4 Amendment of Immigration Act 2004 and Related Enactments (Department of Justice) 26 27 28 29 30 Definitions Amendment of section 6 of Act of 1999 Amendment of section 1 of Act of 2004 Amendment of section 4 of Act of 2004 Amendment of section 9 of Act of 2004 31 Registration officers This section provides for the definition of terms used in Part 4 of the Bill.

This section amends section 6 (Service of notices) of the Immigration Act 1999.
The amendment is consequential on the amendments to section 9 of the 2004 Act.

It also removes reference to section 11 of the Aliens Order 1946, which is repealed by s. 38 of the Bill.

This section amends s. 1 of the Immigration Act 2004 (the 2004 Act) to delete the definition of “registration district” and to provide a new definition of “registration officer”.

This section amends s.4 of the 2004 Act to provide for a general rather than specific registration officer.
This section amends s.9 of the 2004 Act.

These amendments remove references to a “registration district”, which allows a non-national to register with a registration officer anywhere in the State.

This section also allows information that is required for registration to be provided electronically.

This section also includes textual amendments designed to make certain provisions of s. 9 clearer.

This section inserts a new section 9B (Registration officers) into the 2004 Act.
The new section will enable the Minister for Justice to appoint multiple registration officers, who may be either members of An Garda Síochána or officials of the Department of Justice.

The section also provides that the functions of registration officers may be delegated.

This section amends section 14 (Provision for particular non-nationals) of the 2004 Act.

The amendment is consequential on the amendments to section 9 of the 2004 Act to be made by this Bill.
Amendment of section 14 of Act of 2004 32 33 34 Amendment of section 18 of Act of 2004 This section amends section 18 (Service of notices) of the Immigration Act 2004.

The amendment is consequential on the amendments to section 9 of the 2004 Act.

Amendment of section 19 of Act of 2004 This amends section 19 (Fees) of the Immigration Act 2004.
The purpose of the amendment is to clearly provide Library & Research Service | L&RS Bill Digest 6 Section Title Effect 35 36 37 38 39 Amendment of Second Schedule to Act of 2004 Amendment of Employment Permits (Amendment) Act 201 Amendment of Garda Síochána (Functions and Operational Areas) Act 2022 that the Minister for Justice may make regulations to prescribe different fees to be paid for registration certificates in different circumstances.
This section amends the Second Schedule (Particulars to be furnished on registration) of the Immigration Act 2004.

The amendments are consequential on the amendments to section 9 of the 2004 Act to be made by this Bill.

This section repeals uncommenced provisions of sections 35 and 36 of the Employment Permits (Amendment) Act 2014 which provided for amendment of the registration provisions of the Immigration Act 2004 and the Aliens Order 1946.
Those provisions are no longer necessary due to the amendments to those enactments to be made by this Bill.

This section repeals provisions of Schedules 1 and 2 of the Garda Síochána (Functions and Operational Areas) Act 2022 which provided for amendment of the Immigration Act 2004, the Aliens Order 1946, the European Communities (Right of Residence for Non- Economically Active Persons) Regulations 1997 and the European Communities (Free Movement of Persons) Regulations 2015.
Those provisions are no longer necessary due to the amendments to those enactments to be made by this Bill.

Amendment of Aliens Order 1946 This section revokes the registration provisions of the Aliens Order 1946.
Amendment of Regulations This section provides for amendment of the European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 and the European Communities (Free Movement of Persons) Regulations 2015 consequential on the amendment to the Immigration Act 2004 to be made by this Bill.
This section contains transitional provisions in relation to legal proceedings (civil and criminal) under the registration provisions of the Immigration Act 2004 and in relation to registration certificates issued under the Aliens Order 1946.

40 Transitional provisions (Part 4) Part 5 Processing of Certain Personal Data (Department of Justice) 41 Interpretation (Part 5) This section sets out definitions of several words and phrases used in this Part.
42 Collection of personal data by relevant officer This will allow for collection of personal data by a relevant officer for relevant immigration enactments and relevant Library & Research Service | Civil Law (Miscellaneous Provisions) Bill 2022 7 Section Title Effect for relevant immigration enactment and relevant social welfare enactment 43 Processing of personal data collected in accordance with s.42 44 Regulations (Part 5) social welfare enactments - the Department of Justice will be able to collect data for the Department of Social Welfare and vice versa.
The relevant officer will be acting in accordance with the General Data Protection Regulation and the Data Protection Act 2018.

The processing of personal data collected under this Part, must be necessary and proportionate and in accordance with the General Data Protection Regulation and the Data Protection Act 2018.

The processing can only be undertaken by the persons who have relevant functions to process the information under law.
The Minister for Justice may by regulation, with the consent of the Minister for Social Protection, prescribe an immigration enactment to be a relevant immigration enactment for the purposes of this Part.

The Minister must be satisfied as to a number of criteria and have regard to the need to safeguard the fundamental rights and freedoms of data subjects in processing personal data under the Act.
Part 6 Licensed Haulage Emergency Support Scheme (Department of Transport) 45 Licensed Haulage Emergency Support Scheme This section sets out the legal foundation for the Licensed Haulage Emergency Support Scheme established on 15 March 2022.

It also provides for definitions for s. 45.


Part 7 Amendment of Road Traffic Acts (Department of Transport) 46 Amendment of Road Traffic Act 1961 47 Amendment of Road Traffic Act 2010 This amends the definition of a foreign driving licence in the Road Traffic Act 1961 to include licences recognised, following a Ministerial order, for licence holders admitted to Ireland under the Temporary Protection Directive.
It inserts a new section, 23B, into the 1961 Act allowing the Minister to make an order recognising licences for use here which are held by people admitted to Ireland under s.60 of the International Protection Act 2015.

An order may be made subject to restrictions, such as the category or categories of licence to be recognised.
If a driving licence is seized by a member of the Garda Síochána the permission to reside granted under s.60 of the International Protection Act 2015 must not be retained Part 8 Stardust Inquest (Special Jury Provisions) (Department of Justice) 48 Definitions This sets out the definitions for words used in Part 8.

Library & Research Service | L&RS Bill Digest 8 Section Title Effect 49 50 Coroner for the coroner’s district of Dublin.
This provides the definition of the Senior Coroner or coroners appointed or assigned to the coroner’s district of Dublin who may conduct a Stardust inquest.

Application of the Coroners Act 1962 and Juries Act 1976 This section provides that this Part is without prejudice to the application of the Coroners Act 1962 to a Stardust inquest.

Subsection (2) is a necessary text reference.

Subsection (3) provides that a number of provisions of the Act of 1962 shall not apply in respect of a Stardust inquest.
These relate to the following sections: -section 36 - service of summons insofar as that section relates to jurors; -section 37(1) - non-attendance of jurors and witnesses insofar as that subsection relates to jurors; -section 39 - general power to sit with or without a jury; -section 40 - obligation on a coroner to sit with jury in certain cases; -section 43 - summoning of jury; and -subsections (1)(b) and (2) of section 56 - prescribing of form of oaths, etc., in respect of inquests insofar as they relate to jurors.
Section 31 of the Juries Act 1976 – liability to serve on a coroner’s jury – will also not apply in respect of a Stardust inquest.

51 Power to sit with jury for Stardust inquest A coroner for the coroner’s district of Dublin must hold a Stardust inquest with a jury.
Subsection (2) replicates, in the context of a Stardust inquest, the provision with regard to a request for the adjournment of the inquest on the grounds either that criminal proceedings in relation to the death are being considered or have been instituted.

The obligation under subsection (1) to hold the Stardust inquest with a jury shall be deemed to be suspended unless and until the full hearing of the inquest takes place.
52 Assistance to the Dublin Coroner by Courts Service This section provides that the Courts Service can assist the Dublin Coroner by providing technical and operational assistance required for the empanelling and summoning of jurors for a Stardust inquest.
Library & Research Service | Civil Law (Miscellaneous Provisions) Bill 2022 9 Section Title Effect 53 Qualification and liability for service on jury at Stardust inquest Every citizen of the age of eighteen years or upwards who is entered in the register of Dáil electors in the jury district of Dublin will be qualified and liable to serve on the jury at a Stardust inquest unless he or she is for the time being ineligible or disqualified under this Part for such service.
A person who is ineligible or disqualified under the Act of 1976 for jury service shall be ineligible or disqualified, as the case may be, for service on the jury for a Stardust inquest.

54 Ineligibility and disqualification for service on jury at Stardust inquest This section draws on the provisions of sections 7, 8 and 9 of the Juries Act 1976 and provides for persons ineligible, disqualified or excused from service on a jury at a Stardust inquest.
55 Empanelling and summoning of jurors A person summoned to attend as a juror must as soon as practicable after receipt of the summons notify the county registrar if he or she is an ineligible or disqualified person or is entitled to be excused as of right under the Part II of the First Schedule of the Juries Act 1976.
The section also set out the process for persons requesting excusal and for the county registrar to decide on such requests (and the right to appeal this decision) The Dublin Coroner can request in writing the assistance of the Courts Service, in particular of the county registrar for Dublin, in summoning a jury for a Stardust inquest.

Where requested, the county registrar using a procedure of random or non-discriminatory selection will draw up a panel of jurors.
The county registrar must cause a summons to be served on every person selected as a juror to attend at the location and time specified in the summons and thereafter to attend at such location and time to be directed by the coroner of the registrar where the registrar is authorised by the coroner.

The form of the summons will be set out by regulations.
A jury summons served on a person shall be accompanied by a notice informing them of the effects of sections 51, 52, 58 and 59 of Part 8 and that the person may make representations to the county registrar seeking excusal from jury service.
Library & Research Service | L&RS Bill Digest 10 Section Title Effect The county registrar must try to ensure that a summons requiring any person to attend for jury service at a Stardust inquest shall be served on the person no later than 28 days before the inquest is due to commence.

Every jury summons in relation to a Stardust inquest shall be served on behalf of the coroner for the coroner’s district of Dublin.
This section is based on s.13 of the Juries Act 1976 and sets out the procedures regarding the service of the jury summons at a Stardust inquest.

This section provides for the process of selecting jurors from a panel.

This will be done by balloting in public at the inquest.

The coroner must inform persons, before the selection has begun, that they must not serve if they are ineligible or disqualified and the penalty for doing so.
The jury will be sworn by or before the coroner and a foreperson will be appointed.

This section gives the Dublin Coroner the potential flexibility of having additional jurors should it be anticipated that the inquest will exceed 3 months in duration.

The provision is based on section 15A of the Juries Act 1976.
This section gives the Dublin coroner the power to discharge jurors from service at a Stardust inquest owing to the person being incapable through illness or any other cause or to be excused for good reason of continuing to act as a juror.

Given the anticipated length of the Stardust inquests, a discharge provision for jurors is considered necessary.

Should the number of jurors available for service fall below 6 for whatever reason, the jury will have to be discharged.
Subsection (2) provides that the Dublin Coroner may at any stage during a Stardust Inquest direct that any person summoned or sworn in as a juror shall not serve, or continue to serve, if the coroner considers for any stated reason it is desirable in the interests of justice that the person be discharged.

If the jury at a Stardust inquest fails to agree on a verdict, a majority verdict shall be accepted by the Dublin Coroner.
In any other case, the Coroner must discharge the jury and may hold a new inquest.

56 Service of jury summons 57 Selection of jury from panel 58 Additional Jurors 59 Discharge of jurors 60 Failure of jury to agree Library & Research Service | Civil Law (Miscellaneous Provisions) Bill 2022 11 Section Title Effect 61 Jury Service by employees and apprentices 62 Offences This replicates s.29 of the Juries Act 1976.
It provides in subsection (1) that for the purpose of any contract of service or apprenticeship a person must be treated as employed or apprenticed during any period when he or she is absent in order to comply with a jury summons to attend at a Stardust inquest.

This will ensure that the person will be entitled to be paid for the period of his or her absence for service at a Stardust inquest.
Subsection (2) makes it impossible for the contract of service to exclude or limit the liability of the employer for the payment of salary or wages to the employee or apprentice during absence on jury service at a Stardust Inquest.

The offences are similar to those in Part V of the Juries Act 1976.

The offences attract a class E fine (not exceeding €500) in all cases, bar service as a juror while disqualified which incurs a class C fine (not exceeding €2,500).
A person who has been duly summoned under this Part will commit an offence for: • non-attendance at the inquest having been duly summoned as a juror – with a defence that the jury summons must be served at least 28 days before the date specified for their first attendance; • being unavailable when called upon to serve as a juror or being unfit for service by reason of drink or drugs; • without reasonable excuse refusing to answer or gives an answer known to be false in a material particular, or recklessly gives an answer that is false in a material particular, when questioned by the coroner for the purpose of determining whether that person is qualified to serve as a juror; • making false representations on their own behalf or on behalf of another person to the county registrar with the intention of evading service on the jury; • service on the jury while knowing that the person is ineligible or disqualified from such service; • where a person refuses to be sworn as a juror.
Source: Derived from the Bill and explanatory memo Library & Research Service | L&RS Bill Digest 12 Part 8: Stardust Inquests Part 8 of the Bill deals with special jury provisions ahead of hearings for the Stardust inquests.

A fire occurred at the Stardust Ballroom in Artane, Dublin in the early hours of the morning of Saturday 14 February 1981 in which forty-eight persons tragically lost their lives.

The FAQ page relating to the inquests explains the following: “What is the purpose of an inquest?
A coroner’s inquest is a process for investigating the factual circumstances of a death.

Evidence is taken from witnesses to assist in answering questions for the coroner’s inquiry namely, who the deceased was and how, when and where they came by their death.

An inquest does not deal with issues of blame or with issues of criminal or civil liability.

Why are these inquests being held?


Original inquests were held in the Dublin District Coroner’s Court into each of these deaths between 1st and 4th day of March 1982.

The families of the deceased subsequently requested the Attorney General to exercise his powers pursuant to section 24 of the Coroners Act 1962.
On the 19th of December 2019 having considered the submissions made to him the Attorney General outlined his reasons for acceding to their request and he then formally directed the Dublin District Coroner to hold fresh inquests into the deaths of all forty eight deceased persons.” The Attorney General stated in his letter that: “Inquests into the deaths were held, and the Inquests took place over the 5 days Monday 1st March 1982 to Friday 5th March 1982 inclusive.
In respect of every one of the 48 Stardust deaths an Inquest verdict was recorded in accordance with the medical evidence.

The findings at the original Inquests were confined to a statement of the proximate medical cause of death in respect of each of the deceased.
There was no reference to the surrounding circumstances, in particular the cause or causes of the fire, and it does not appear that questions as to the cause or causes of the fire were canvassed to a sufficient degree, if indeed at all, at the original Inquests.

I therefore consider that in the original Inquests there was an insufficiency of Inquiry as to how the deaths occurred2.
Section 24 of the Coroners Act 1962 provides that where the Attorney General has reason to believe that a person has died in circumstances which in his opinion make the holding of an Inquest advisable he may direct any coroner to hold an Inquest.

This means that even if the Attorney General considers that there was an insufficiency of inquiry at the original Inquests, he or she will still have a discretion as to whether or not to direct that a fresh Inquest be held.
In this instance I am satisfied that the holding of fresh Inquests is on balance advisable.

After careful consideration, I decided to exercise my discretion in favour of directing that 2 Emphasis added Library & Research Service | Civil Law (Miscellaneous Provisions) Bill 2022 13 further Inquests be held.

I consider this to be in the public interest and in the interests of justice.
Drawing on analogies with the Hillsborough case in England, my view is that where there is a disaster of such magnitude as that which occurred at the Stardust in February 1981 there is, in the first place, the entitlement of the families of the victims to the public revelation of the facts, but also a distinct and separate imperative that the community as a whole should be satisfied, even if belatedly, that there be sufficient inquiry at any Inquest held to maximise the chances that the truth should emerge.
This would in addition endeavour to serve the further public interest grounds, well established in law, of allaying rumours and suspicion, and of drawing attention to the existence of circumstances which, if unremedied, might lead to further deaths.” Fourteen pre-hearing meetings have already been held by the Dublin District Coroner’s Court.
However, no jury hearings have taken place and amendments to current legislation is needed to ensure that a person empanelled to an inquest hearing will continue to be paid by their employer for the duration of the inquest.

This is the standard procedure for jury trials in the court system.
Sections 48-62 of the Bill set out provisions dealing with how jurors will be selected, qualification and liability for service on a jury at a Stardust inquest, what happens when the jury fails to agree on an inquest finding, and ensuring that employees and apprentices are compensated for the time they serve on an inquest established under the Bill.
Part 4: Immigration Part 4 of the Bill proposes to amend a number of instruments,3 with the most significant amendments being made to the Immigration Act 2004, which regulates entry into the State.

The primary changes made by Part 4 are amendments (made by sections 30 and 31 of the Bill) to section 9 of the 2004 Act.
These amendments include the removal of references to “registration districts” throughout s.9 and the introduction of a new section 9B, which broadens the definition of “registration officers” under the Act.

This Part also provides for a number of other amendments, which are consequential on the amendments to s. 9.
The primary purpose of these amendments is to make it easier for people to register with the immigration service in different parts of the country, including the introduction of an online registration service, and to allow for the appointment of more registration officers, who maintain the register of “non-nationals”4 in the State.

These changes have been prompted by the significantly 3 These include the European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 (S.I.
No.

57 of 1997); European Communities (Free Movement of Persons) Regulations 2015 (S.I.

No.

548 of 2015); Aliens Order 1946; Garda Síochána (Functions and Operational Areas) Act 2022; Employment Permits (Amendment) Act 2014; Immigration Act 1999; and the Immigration Act 2004.

4 The term “non-nationals” is used throughout the 2004 Act and so will be used in the discussion of Part 4 of the Bill.
Library & Research Service | L&RS Bill Digest 14 increased number of people registering in the State, which is primarily (though not entirely) caused by the war in Ukraine.
Section 9 of the 2004 Act and the registration of non-nationals in the State Section 9 of the 2004 Act establishes a register of non-nationals who have permission to be in the State and requires that non-nationals who have been granted permission to be in the State must comply with certain registration requirements.5 The act of registration is not the same as being given permission to be in the State; this is a separate process.6 There are certain groups who are not required to register, and these are set out in s.9(6).7 EU citizens are also not required to register.8 Registration districts Section 9 makes repeated reference throughout to “registration districts”.
“Registration district” is defined by s.1 of the 2004 Act as “the Dublin Metropolitan Area or a Garda Síochána District situated outside that Area”.

Each registration district has a registration officer, to whom the applicant must furnish their full details.9 The primary purpose of Part 4 of the Bill is to remove these references to registration districts in section 9, which will permit non-nationals to register anywhere in the State.
The introduction of a new subsection (7A) will also allow information to be furnished electronically, further improving accessibility and efficiency, and enabling an online registration process.

Registration officers The new section 9B will enable the Minister for Justice to appoint multiple registration officers, who may be either members of An Garda Síochána or officials of the Department of Justice.
Currently, under the 2004 Act, the definition of registration officers is restricted to “the officer in charge of the Garda National Immigration Bureau in the Dublin Metropolitan Area or the Superintendent of the 5 Section 9(1)(a) and (2).

See also John Stanley, Immigration and Citizenship Law (Thompson Reuters, 2017), pp 196-203.

6 See Sulaimon v Minister for Justice [2012] IESC 63.
7 Groups who are not obliged to register include: (a) a non-national who is under the age of 16 years; (b) a non-national who was born in Ireland; (c) a non-national not resident in the State who has been in the State for a period of not more than 3 months since the date of his or her last arrival in the State; (d) a non-national seaman not resident in the State whose ship remains at a port in the State and who does not land in the State for discharge.
8 This is not provided for under the 2004 Act but was held by the High Court in Lamasz v Minister for Justice, Equality and Law Reform [2011] IEHC 50.

9 E.g.

the person’s name, nationality, profession, addresses inside and outside the state etc.

These requirements are set out in full in Schedule 2 of the 2004 Act.
Library & Research Service | Civil Law (Miscellaneous Provisions) Bill 2022 15 Garda Síochána in a Garda Síochána District outside that Area.”10 The new section also makes provision for the delegation of functions of registration officers.

Aliens Order 1946 Part 4 also amends the Aliens Order 1946.

Article 11 of the Order requires an “alien” to comply with certain registration requirements, which are substantially similar, though not identical to, the requirements under the 2004 Act.
Section 38 of the Bill proposes to delete Article 11.

Recent increased engagement with the State’s immigration system These amendments have been prompted by significant increases in the number of non-nationals registering in the State.

Prior to the outbreak of the war in Ukraine in February 2022, there had already been an increase in the number of international protection applications being lodged in Ireland.
According to the International Protection Office (IPO), from January 2021 to December 2021 there were 2,649 applications received.11 This is an increase from the 1,566 applications made during 2020.12 This trend is continuing in 2022.

The IPO indicated that 2,182 people applied for international protection during the period of January 2022-March 2022.

This represents a 496.2% increase on the figure for the same period in 2021.
Though figures for April-June have not yet been published by the IPO, RTÉ has indicated that “almost 5,000 people have applied for asylum in Ireland in the first five months of 2022”.13 The international protection figures above exclude a large majority of the more than 36,00014 Ukrainian refugees who have arrived in Ireland thus far since February 2022.
On arrival, Ukrainians have been directed to apply for temporary protection,15 rather than international protection, as the former process is much quicker and avoids the already overburdened system for processing international protection applications.

However, a certain number of Ukrainians did apply for international protection prior to the activation of the Temporary Protection Directive in early March 2022 (see L&RS Spotlight: ‘Temporary Protection’, April 2022).16 10 Section 1 of the 2004 Act.
11 International Protection Office, Monthly statistical report: December 2021 12 International Protection Office, Monthly statistical report: December 2020 13 ‘How many people are seeking asylum in Ireland?’ RTÉ, 24 June 2022 14 Ibid.

Figure correct as of June 2022.

15 See e.g.

Catherine Sanz, ‘Confusion and questions over best options for protection for fleeing Ukrainians’, Business Post, 20 March, 2022 16 Oireachtas Library & Research Service, 2022, ‘L&RS Spotlight: Temporary Protection’.

No.
No.

1 of 2022.

7 April 2022.

Contact: Houses of the Oireachtas Leinster House Kildare Street Dublin 2 D02 XR20 www.oireachtas.ie Tel: +353 (0)1 6183000 Twitter: @OireachtasNews Library & Research Service Tel: +353 (0)1 6184701 Email: library.and.research@oireachtas.ie