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Thursday, 15 Nov 2012

Written Answers Nos. 184-194

Public Order Offences

Questions (184)

Eoghan Murphy

Question:

184. Deputy Eoghan Murphy asked the Minister for Justice and Equality further to Parliamentary Question No. 535 of 17 July 2012, if he will provide an update on the actions being taken to address the continuing problem of anti-social behaviour in the Temple Bar area, Dublin. [50690/12]

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Written answers

I can inform the Deputy that An Garda Síochána continues to implement a wide range of strategies as outlined in my previous reply to the Deputy in order to tackle incidents of anti-social behaviour and public disorder in the Temple Bar area of Dublin.

I am advised by the Garda authorities that the number of recorded instances of public order and drunkenness offences for the overall Pearse Street District, within which the Temple Bar area sits, has fallen between 2011 and 2012.

As I indicated in my previous reply, Garda responses include the designation of certain areas as hot spots for such criminality and the deployment of high visibility patrols to respond accordingly. Furthermore, a Garda unit has been specifically tasked with dealing with public order incidents, deploying a public order van on Thursday, Friday and Saturday nights. The work of this unit is supplemented by other units working ordinarily in the Temple Bar area. I am also informed that the deployment of plain-clothes officers in Temple Bar has led to significant successes in tackling drug related issues.

The Garda authorities also continue to employ a collaborative approach in addressing anti-social behaviour issues in the area which includes important ongoing liaison with local business associations, such as the Temple Bar Traders Association and other stakeholders. This approach is designed to ensure that An Garda Síochána is kept fully informed of criminal matters of concern to the local business community, to ensure that appropriate crime prevention advice is provided and to facilitate a joint approach to policing the night-time economy in the area.

This situation is being kept under ongoing review and I can further assure the Deputy that I am in regular contact with the Garda Commissioner with a view to ensuring that our streets are safe for all.

Drug Rehabilitation Clinics

Questions (185)

Eoghan Murphy

Question:

185. Deputy Eoghan Murphy asked the Minister for Justice and Equality his views on the drug rehabilitation clinic on Oakley Road, Ranelagh, is located 100 metres from two primary schools; and if he will make a statement on the matter. [50692/12]

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Written answers

I wish to inform the Deputy that the location of drug rehabilitation clinics does not fall under the remit of the Minister for Justice and Equality.

Proposed Legislation

Questions (186)

Joanna Tuffy

Question:

186. Deputy Joanna Tuffy asked the Minister for Justice and Equality if he plans to introduce paternity leave as part of the overall legislative reforms around the implementation of the EU directive; and if he will make a statement on the matter. [50703/12]

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Written answers

My Department is currently working on the draft Heads of the Family Leave Bill which will transpose Council Directive 2010/18/EU on Parental Leave. Among other things this new legislation will provide for an additional 4 weeks parental leave for both mothers and fathers. This Bill will also consolidate all various family leave legislation (maternity, adoptive, parental and carer's leave) in one Bill. This will also provide an opportunity to examine whether there is scope for additional improvements in current provisions in the area of leave for fathers.

Departmental Consultations

Questions (187)

Arthur Spring

Question:

187. Deputy Arthur Spring asked the Minister for Justice and Equality if he will provide a list of all public consultations his Department has carried out since the start of 2012. [50755/12]

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Written answers

I can inform the Deputy that since the start of 2012 my Department carried out public consultations concerning the following matters:

- European Commission's Proposal for a new Data Protection Regulation

- General Scheme of the Criminal Justice Money Laundering and Terrorist Financing Amendment Bill 2012

- General Scheme of the Criminal Justice (Corruption) Bill 2012

- Mental Health issues and the Criminal Justice System (1)

- New Cork Prison Development (2)

(1) An Interdepartmental Group has been established to examine issues relating to people with mental illness or a mental disorder interacting with the criminal justice system and its agencies. Submissions were invited from the public.

(2) The Irish Prison Service is currently engaged in a public consultation process regarding the proposed New Cork Prison Development, Rathmore Road, Cork.

Residency Permits

Questions (188)

Jack Wall

Question:

188. Deputy Jack Wall asked the Minister for Justice and Equality the options available to a person (details supplied) in County Kildare to attend a family event in Poland; and if he will make a statement on the matter. [50788/12]

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Written answers

As the Deputy is aware the person concerned submitted an application for a review of the decision to refuse the applicant residence in the State under the provisions of the European Communities (Free Movement of Persons) Regulations 2006 and 2008 (the Regulations) which was received in the Irish Naturalisation and Immigration Service (INIS) on the 5 October, 2012. I am advised that the person concerned has been given temporary permission to remain in the State until 4 February, 2013, while the review application is under consideration. A decision will be made on the review application before the expiration of her temporary permission to remain.

I am also advised that while holding the temporary permission to remain the person in question, if a visa required national, should apply for a re-entry visa before leaving the country. There is no requirement for a minimum period of validity of "Stamp 4" permission attaching to such an application.

It may be that this requirement is being imposed by the Polish authorities in respect of a visa to enter that county but I am not in a position to comment on any visa requirements that Poland may apply to visa required visitors.

Residency Permits

Questions (189)

Bernard Durkan

Question:

189. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position and future prospects in respect of persons (details supplied) in Dublin 1 who have studied and worked in this jurisdiction over the past six years; and if he will make a statement on the matter. [50809/12]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was registered in the State on student conditions from 9 October 2006 to 14 August 2012 and therefore currently has no permission to remain in the State.

The INIS have informed me that the person has made a written request for further permission to remain dated 2 November, 2012. This application is under consideration. All requests are dealt with in chronological order and my officials will be in touch with the person concerned in due course.

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.

Residency Permits

Questions (190)

Bernard Durkan

Question:

190. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in the case of a person (details supplied) in Dublin 15, a resident here since 1997, whose application for renewal of their stamp 4 was refused on the basis of the loss of their Garda National Immigration Bureau card; the procedures to be followed in such circumstances as a matter of urgency; and if he will make a statement on the matter. [50810/12]

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Written answers

I refer the Deputy to my reply to Parliamentary Question No. 510 of 23 October, 2012 which is set out below. The position is unchanged since then. The onus is on the person concerned to present to the Garda National Immigration Bureau (GNIB) to regularise his status in the State, which I am informed that he has failed to do up to the present date.

The permission to remain in the State of the person concerned expired on 8 September, 2012. As this person is now currently out of permission to remain in the State, he should attend the GNIB to register and to advise them of his misplaced GNIB card.

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.

Deportation Orders

Questions (191)

Bernard Durkan

Question:

191. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will indicate notwithstanding the decision in respect of deportation taken by his predecessor in the case of a person (details supplied) in Dublin 16, if the case will be reviewed in view of the danger they face in the event of return to their homeland; if particular attention has been paid to such issues both at the time of the decision to deport and since then with specific reference to the political situation in their homeland and humanitarian situation arising for them; and if he will make a statement on the matter. [50811/12]

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Written answers

In reply to the Deputy's Question, following a comprehensive and thorough examination of the asylum claim and the application to remain temporarily in the State, the person concerned is the subject of a Deportation Order signed on 28 June 2004. He has been evading his deportation since 3 November 2009 and should he come to the notice of the Garda authorities, he would be liable to arrest and detention. He should, therefore, present himself to the Garda National Immigration Bureau without any further delay.

As a general matter of policy, it would be logistically inconsistent to review a person's case who has failed a very fair and comprehensive asylum process, and who have thereafter proceeded to evade their deportation for several years, by granting such persons residency in the State.

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.

Citizenship Applications

Questions (192)

Bernard Durkan

Question:

192. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current progress made in the determination of naturalisation entitlement in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [50812/12]

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Written answers

I 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 2011.

The application is 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.

Asylum Applications

Questions (193)

Bernard Durkan

Question:

193. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in the determination of residency status in the case of persons (details supplied) in County Limerick; and if he will make a statement on the matter. [50813/12]

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Written answers

The person concerned applied for asylum on 12th June, 2007. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

The person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in his case. As these Proceedings are ongoing, it would not be appropriate for me to comment further on his asylum claim at this time.

In July, 2011, the person concerned submitted a separate application for leave to remain in the State based on the principles of the Zambrano Judgment. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

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.

Deportation Orders

Questions (194)

Bernard Durkan

Question:

194. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will indicate notwithstanding his replies to previous Parliamentary Questions in the case of a person (details supplied) in County Dublin, if he will examine the extent to which the political situation prevailing in their homeland at the time of issue of the deportation order and since might now have a bearing on their case; if this might constitute sufficient grounds for a review of the previous decision; and if he will make a statement on the matter. [50814/12]

View answer

Written answers

In reply to the Deputy's Question, following a comprehensive and thorough examination of the asylum claim and the application to remain temporarily in the State, the person concerned is the subject of a Deportation Order signed on 30 October 2008. He has been evading his deportation since 11 December 2008 and should he come to the notice of the Garda authorities, he would be liable to arrest and detention. He should, therefore, present himself to the Garda National Immigration Bureau without any further delay.

As a general matter of policy, it would be logistically inconsistent to review a person's case who has failed a very fair and comprehensive asylum process, and who have thereafter proceeded to evade their deportation for several years, by granting such persons residency in the State.

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.

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