Written Answers Nos. 1213-1233
1213. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in determination of an application for naturalisation in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [37932/12]
View answerAn application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in September 2011. On examination of the application submitted it was determined that the person in question did not meet that statutory residency requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended. The person concerned was informed of this in a letter issued to her on 23 July 2012.
It is open to the individual referred to by the Deputy to lodge a further application for citizenship if and when they are in a position to meet the prescribed statutory requirements. The on-line Naturalisation Residency Calculator available on the INIS web-site at www.inis.gov.ie can be used as a guide to whether an individual satisfies the naturalisation residency conditions and, if not, give an indication of how long they should wait before making an application.
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.
1215. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected status in relation to an application for residency in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [37973/12]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy has permission to remain and work in the State until 6 January 2013. He has not contacted INIS in relation to an extension of permission to remain in the State beyond that date or to change the status of that permission.
Queries in relation to the status of individual immigration cases may be made directly to 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 INIS is, in the Deputy's view, inadequate or too long awaited.
1216. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for residency in respect of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [37983/12]
View answerArising 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 21 August 2008, 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. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then 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. All representations submitted 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 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
1217. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the residency status in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [38008/12]
View answerThe 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 29 January, 2008, 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. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then 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. All representations submitted 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.
1218. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) in Dublin 15 is entitled to stamp 4; and if he will make a statement on the matter. [38011/12]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy may apply to the General Immigration Division of INIS, 13/14 Burgh Quay, Dublin 2 to have his case reviewed.
Queries in relation to the status of individual immigration cases may be made directly to 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 INIS is, in the Deputy's view, inadequate or too long awaited.
1219. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an extension to a visa will be granted while awaiting decision on a stamp 2 visa in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [38012/12]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) that the person mentioned by the Deputy entered the State on 27 July 2007 and was registered in the State as a Student until 7 August 2012. A student who first entered the State or commenced their studies after 31 December 2004 is subject to the conditions of the New Regime for full time non-EEA students, which was published in September 2010 and has been in effect since 1 January 2011. It is available on the INIS website: www.inis.gov.ie. This policy stipulates that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum aggregate period of seven years. A student is responsible for managing their studies to ensure compliance with this time limit.
This aggregate period may consist of periods of study on language or non-degree level courses as well as degree level courses. However, it is a condition of the new regime that the maximum time a student may stay in Ireland for the purpose of attending courses at language or non degree level is limited to 3 years. In line with the new regime, it is permissible for students who come to Ireland on a language or non-degree programme course to enrol on a course on the degree programme but subject to the overall limit of 7 years not being exceeded. Courses under this programme must be listed on the Internationalisation Register. The person in question has exceeded the maximum 3 year period that a non EEA national is permitted to remain in the State to pursue a course of studies at language and non degree level.
Queries in relation to the status of individual immigration cases may be made directly to 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 INIS is, in the Deputy's view, inadequate or too long awaited.
1220. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [38014/12]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in September, 2010. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible.
As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
Queries in relation to the status of individual immigration cases may be made directly to 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
1221. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an entitlement to stamp 4 in respect of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [38016/12]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person mentioned by the Deputy has an application for a change of her immigration Status currently pending with the General Immigration Section of INIS. It is expected that a decision will issue to this person in the coming days.
Queries in relation to the status of individual immigration cases may be made directly to 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 INIS is, in the Deputy's view, inadequate or too long awaited.
1222. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [38022/12]
View answerArising 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 25 July, 2008, 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. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).
The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then 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. All representations submitted 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 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
1223. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review a deportation order issued in respect of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [38023/12]
View answerIn September 2005, the person concerned applied for recognition as a refugee at the Office of the Refugee Applications Commissioner. The application was refused by the Refugee Applications Commissioner and the applicant was informed of this in January 2006. An appeal was made to the Refugee Appeals Tribunal in February 2006. The appeal, which was heard in May 2006, affirmed the recommendation of the Refugee Applications Commissioner.
The person made an application for Subsidiary Protection and submitted representations under section 3 of the Immigration Act 1999. Both of these options were given full consideration. On 19 May 2008 the person concerned was informed that the application for Subsidiary Protection was unsuccessful. Having considered the representations made under section 3 of the Immigration Act 1999, it was further recommended that a Deportation Order be signed. This was done on 2 July 2012 and issued to the person concerned on 11 July 2012. It was also copied to the legal representative on record. Judicial Review proceedings were initiated on 18 July 2012. As the matter is, therefore, sub judice I do not propose to comment further.
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.
1224. Deputy Finian McGrath asked the Minister for Justice and Equality his views on a matter (details supplied). [38047/12]
View answerI can advise the Deputy that the management of Portlaoise Prison are aware of the issues raised by the prisoner in question. The prisoner referred to made a complaint to Portlaoise Prison management regarding the lack of wheelchair access to the C block visiting area. Following the complaint, wheelchair accessible ramps were installed outside the entrance to the visiting area and alterations were made in the main open visiting area on the ground floor to allow one wheelchair user access to the visiting box counter. I am informed that this work was inspected by the Irish Wheelchair Association who were satisfied with the level of access provided.
A complaint was also made that his father was refused entry to the visiting area while accompanying his mother. I am informed that this was for security reasons. In such instances visitors are given the option of having a screened visit or rescheduling their visit. The screened visiting boxes in Portlaoise Prison are located on the first floor of the visiting area and there is no lift available. However, at all such times the alternative option of rescheduling the visit remained. When resources allow, the provision of wheelchair access to the screened visits area in the C block of Portlaoise Prison will be examined by the Irish Prison Service. In the interim, the visiting area in the A block may be used should a similar situation arise in the future as the screened visiting area in this area is on the ground floor.
A further complaint was made in July 2012 that his mother requested to use toilet facilities in the visiting area but found that the door was locked and she could not gain access. The reason for the unavailability of these facilities was explained to the prisoner at the time. These toilet facilities are not generally open to visitors as management became aware that they were being used for the retrieval of contraband that had been concealed internally. However, a procedure has been put in place to ensure that access to this toilet facility is permitted on request to the Assistant Chief Officer in charge of visits who has possession of the key.
1225. Deputy Finian McGrath asked the Minister for Justice and Equality his views on a matter (details supplied). [38048/12]
View answerThis matter concerns a complaint by a member of the public alleging misconduct on the part of members of the Garda Síochána. The complaint, although made at a Garda station, falls to be examined by the Garda Síochána Ombudsman Commission under the terms of the Garda Síochána Act 2005. The Garda Síochána Ombudsman Commission is an independent, statutory body which was established to receive complaints made by members of the public concerning the conduct of members of the Garda Síochána. It would not be appropriate, therefore, for me to comment on any matter under examination by it.
1226. Deputy Bernard J. Durkan asked the Minister for Justice and Equality at what point are motoring offences disregarded with respect to applications for residency status; if he will outline if motoring offences are disregarded after a certain amount of time or always taken into consideration; if such offences will prohibit a person from long-term residency; and if he will make a statement on the matter. [38095/12]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) that the granting of Long Term Residency is subject to an applicant meeting a number of requirements including that he or she has completed five years legal residency in the State on work permit / work authorisation / working visa conditions and is deemed to be of good character.
In relation to the good character requirement, a background check is carried out by the Garda National Immigration Bureau in respect of all applicants. Where an applicant has come to the attention of the Gardaí, a report is referred to INIS, and the details of that report are considered in full, together with all other aspects of the case, before a final determination is made. Each case is considered on its individual merits and while it is neither possible or appropriate given the wide range of possibilities to be more specific, normally a very minor motoring offence of itself would not lead to a refusal on character grounds. Full details of the eligibility criteria for the Long Term Residency scheme can be found on www.inis.gov.ie.
1227. Deputy Finian McGrath asked the Minister for Justice and Equality if he will support a matter (details supplied). [38110/12]
View answerThe question of a 72 hour visa as alluded to by the Deputy does not arise in this case. It is understood that the individual referred to by the Deputy is a citizen of the United States of America. As such, he does not require a visa to travel to Ireland, but is subject to the usual immigration control provisions which apply to everybody who arrives in Ireland irrespective of nationality. Section 4 (2) of the Immigration Act 2004 provides that a non-national coming by air or sea from a place outside the state shall, on arrival in the state, present himself or herself to an Immigration Officer for permission to land or be in the state. Section 4(3) of the Immigration Act sets out the eleven grounds on which a person may be refused entry to the State.
I understand that in this case, the Irish Naturalisation and Immigration Service (INIS) have made direct contact with the promoters of the proposed event and explained to them the requirements in respect of entry to the State and, as it may be relevant to this case, our obligations in respect of the Common Travel Area between Ireland and the United Kingdom. I understand that the position has been clarified to the satisfaction of the promoters concerned.
1228. Deputy Kevin Humphreys asked the Minister for Justice and Equality in view of the fact that the Casino Regulation Committee report was published in July 2008 and Options for Regulating Gambling was published in December 2010, when the heads of the gambling control Bill will be published; if he intends to have a further consultation period before bringing forward such a Bill; and if he will make a statement on the matter. [38214/12]
View answerThe Deputy will recall that in September 2011, I announced that the Government had approved my proposals for new legislation on the regulation of gambling. I am pleased to report that the Heads of a Bill are at a very advanced stage in my Department and that I hope to bring them to Government later this term for its approval and agreement to proceed to formal drafting.
As I expect the Deputy is aware, extensive consultations on the shape of an appropriate regulatory system for gambling have already taken place over an extended period. I believe we now need to move to the next stage, namely the formulation of legislative proposals, and all the indications are that is also the view shared by operators and by those concerned about the shortcomings in the current systems. However, I can tell the Deputy that, subject to the Government's agreement, I propose to make the Heads available on my Department's website when they have been approved by the Government and while drafting is underway. That will not only inform interested parties about the Government's overall position, it will also provide an opportunity to refine and improve on the proposals before a Bill is finalised.
1229. Deputy Pearse Doherty asked the Minister for Justice and Equality in respect of the Garda station on Harcourt Street, Dublin, the reason the station was not vacated and handed over in accordance with the terms of the contract; if he will confirm that temporary accommodation for the complement at Harcourt Street was available or could have been made available; and the reason this accommodation was not used. [38310/12]
View answerI am informed that the issues raised by the Deputy are the subject of ongoing legal proceedings and in this context it would be inappropriate for me to comment on this matter.
1230. Deputy John Paul Phelan asked the Minister for Justice and Equality if he will provide the names and addresses of current peace commissioners in County Kilkenny as of 1 September 2012. [38369/12]
View answerI can inform the Deputy that as of 1 September 2012 there are 145 Peace Commissioners recorded as appointed for County Kilkenny. I have instructed my officials to collate the information and to forward it to you in the coming days.
1231. Deputy Mary Mitchell O'Connor asked the Minister for Justice and Equality the annual cost of crime to the State; and if he will make a statement on the matter. [38404/12]
View answerBecause of the complexities inherent in attempting to make a comprehensive assessment of the total cost of crime to the State, it is not possible to provide a figure of the kind sought by the Deputy. However, insofar as my Department is concerned I can inform the Deputy that the gross expenditure associated with the operation of An Garda Síochána, the Prisons and Courts Services as well as other services related to crime and criminal justice amounted to €4.23bn in 2011. This figure does not include the cost to the State of other response services, for example in the area of health and social services, or the direct cost to the State of theft or of losses arising from customs and other fraud.
1232. Deputy John Lyons asked the Minister for Justice and Equality further to Parliamentary Question No. 460 of 26 June 2012 if he is now in a position to furnish a detailed reply to this question. [38410/12]
View answerThe delay in responding with the requested details is regretted but the information is now to hand. The Garda authorities inform me that the specific event referred to takes place on the first Sunday of every month with events in March and September attracting the largest number of patrons. I am further informed that the estimated cost for policing the Smithfield Fair each month is €4,000 except for the months of March and September where, due to an increase in patrons attending, the approximate cost for policing the Smithfield Fair is estimated at €13,700. This includes the cost of Sunday overtime and allowances. Local Garda management are satisfied there are sufficient Gardaí deployed on the first Sunday each month to police the event.
1233. Deputy Patrick O'Donovan asked the Minister for Justice and Equality the cost of operating Garda stations in Doon and Shanagolden in County Limerick during the years 2009, 2010, and 2011; the savings that have been made in the Limerick Division as a result of the closure of these stations in 2012; and if he will make a statement on the matter. [38454/12]
View answerThe Garda Commissioner is the Accounting Officer for the Garda Vote. In that context I have been informed by the Garda authorities that financial operating cost statements are maintained at District Headquarters level rather than at Garda station level. In the circumstances the Deputy will appreciate that the specific financial information he has sought is not readily available and I understand that the provision of such information would require a disproportionate amount of Garda time and resources which are required for other purposes.
With regard to the closure of the stations in question, I would stress that the key objective involved has been to promote the more efficient and effective deployment of resources rather than to secure cash savings. In this context the Commissioner concluded that Garda resources could be better deployed and more effectively used on the front line if the stations no longer had to be staffed and maintained.
