Written Answers Nos. 176-183
176. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to residency/entitlement to naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [24995/13]
Amharc ar fhreagraI refer the Deputy to my detailed Reply to his earlier Parliamentary Question, PQ No. 206 of Wednesday, 24th April 2013 - copied beneath. The position is unchanged since then.
As explained to the Deputy previously, the person concerned is a failed asylum applicant. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 31st October, 2000, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. While written representations were submitted by and on behalf of the person concerned, no final decision was made in the case at that time.
Given that there was no further contact from or on behalf of the person concerned for some considerable time, processing of his case was put on hold. However, his case file was re-activated in May, 2008 when correspondence was received from his then legal representative indicating that further representations would follow soon after. However, no further representations were submitted at that time or indeed since.
The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Any representations on file will be considered before a final decision is made. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
Queries in relation to the status of individual immigration cases may be made directly to the INIS 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 from the INIS is, in the Deputy’s view, inadequate or too long awaited.
177. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 539 of 19 February 2013, if he will undertake a review the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [24996/13]
Amharc ar fhreagraAs outlined in my previous reply to the Deputy, the person concerned has been refused a declaration of Refugee Status in the State. He has also been refused Subsidiary Protection and a Deportation Order has been made in respect of him. Judicial Review proceedings challenging the Deportation Order and the refusal of Subsidiary Protection were brought before the High Court on 24 September 2011 and are still ongoing. As the matter is, therefore, still sub judice I do not propose to comment further. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
178. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 177 of 25 April 2013, if he will indicate whether the case in question remains sub judice or whether the courts decided on 25 June 2012 to set aside the deportation order and require a re-examination of the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [24997/13]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service that judicial review proceedings were instituted in the High Court challenging the refusal of subsidiary protection and the making of a Deportation Order in relation to the person concerned on 11 August 2011. Until all court related matters have been dealt with I do not propose to comment further on the case. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
179. Deputy Sean Fleming asked the Minister for Defence the number of pensions still being paid for service during the War of Independence whether to any surviving participants or to the spouses thereof; the number in each category; and if he will make a statement on the matter. [24799/13]
Amharc ar fhreagraThere are no surviving veterans of the War of Independence in receipt of a military service pension from my Department. The last such veteran died in 2006. However, monthly pensions are currently being paid to a total of 181 spouses of deceased veterans.
180. Deputy Caoimhghín Ó Caoláin asked the Minister for Defence the whereabouts of two plaques removed from a site (details supplied) in County Meath; and if he will make a statement on the matter. [24811/13]
Amharc ar fhreagraThe Reserve Defence Force Centre in Kells was recently closed as part of the ongoing reorganisation of the Reserve. In order to ensure the safety and security of the plaques they were removed following the closure of the property. It is intended to re-locate the plaque commemorating deceased members of the Kells Unit to a secure location.
181. Deputy Andrew Doyle asked the Minister for Defence the process he and his Department, in conjunction with the Irish Naval Service, will use for the naming of the two new vessels to be delivered in early 2014 and 2015 to replace LE Emer and LE Aoife; and if he will make a statement on the matter. [24948/13]
Amharc ar fhreagraThe issue of the naming of the two new Naval Service ships is under active consideration and a decision on the matter will be made shortly.
182. Deputy Brendan Ryan asked the Minister for Defence in relation to the recently closed army barracks at Slaugh Hall, Swords, County Dublin, the plans in place for the future use or sale of the barracks; if there will be an opportunity for the premises to be made available for community use; if it will be leased to a new tenant; and if he will make a statement on the matter. [24966/13]
Amharc ar fhreagraUnder the re-organisation programme for the Reserve Defence Force (RDF), this property closed on 5 March 2013. My Department has written to each Government Department, various agencies and local authorities seeking expressions of interest in acquiring any of the former RDF properties including the Sluagh Hall in Swords to benefit the local community as a whole but with particular emphasis on job creation measures. Whilst some discussion has taken place in relation to this property no substantial progress has been made towards achieving a sale to date.
Whilst I would of course be happy to discuss with any interested group proposals they may have for the Sluagh Hall in Swords, my Department is obliged to dispose of surplus property by sale to another state agency or through a public tendering/auction process. Any proposal involving the long term administering of multiple leases and fulfilling the many responsibilities of a landlord cannot be accepted given the current resources available in my Department.
183. Deputy Sean Fleming asked the Minister for Defence his views on whether sufficient progress is being made in reducing the State's legal bill in his Department and any State agencies under his aegis; and if he will make a statement on the matter. [25164/13]
Amharc ar fhreagraThe main requirement for legal services in my Department is in the context of litigation, usually in the form of judicial review and personal injury proceedings. The Chief State Solicitor’s Office and the State Claims Agency manage and provide legal representation in relation to all cases taken against the Minister for Defence. The Chief State Solicitor’s Office is responsible for the costs of the State’s legal teams in cases that it manages on behalf of the Department. External legal costs incurred by the State Claims Agency arising from the defence of any claims managed by the Agency for the Department are refunded to the Agency by the Department. In addition, the Department may pay plaintiffs legal costs as part of awards and settlements.
In cases where the State is considered liable or which involve an apportionment of liability as between the State and the claimant, I am informed that both the Chief State Solicitor’s Office and the State Claims Agency’s approach is to settle such cases expeditiously in so far as it is possible and to do so on reasonable terms. In cases where liability is fully disputed by the State, all necessary resources are applied to defending such claims robustly. I should point out that many of the factors that determine the amount or timing of legal costs that fall for payment lie outside of the control of the Department. These include the timing of court hearings, the progress of cases, and the number, value and timing of awards and settlements.
