Skip to main content
Normal View

Thursday, 22 Nov 2012

Written Answers Nos. 159-168

Garda Transport Provision

Questions (159)

Dominic Hannigan

Question:

159. Deputy Dominic Hannigan asked the Minister for Justice and Equality his plans for the Garda transport fleet in 2013; and if he will make a statement on the matter. [52015/12]

View answer

Written answers

The provision and allocation of Garda resources are matters for the Garda Commissioner in the light of his operational priorities and the availability of finance. In that context I am informed by the Garda authorities that they are considering the transport requirements that will arise for the Force in 2013. However, the Deputy will appreciate that as the relevant budget allocation has yet to be finalised it is not possible at this point to say how many Garda vehicles are likely to be purchased next year.

That being said, the Deputy will no doubt be aware that I recently announced a significant investment in Garda transport, amounting to €3 million, which will provide for an additional 170 Garda vehicles. These vehicles are due to be commissioned during December 2012 and January 2013. I have no doubt that the provision of the new vehicles will considerably strengthen the overall effectiveness of the Force in delivering a policing service throughout the country.

Asylum Applications

Questions (160)

Ciaran Lynch

Question:

160. Deputy Ciarán Lynch asked the Minister for Justice and Equality the numbers of persons who were refused entry to the State and subsequently claimed asylum and the stated nationalities of these persons; if he will provide a full numerical breakdown in tabular form, of all nationalities and numbers of persons refused permission to enter who were subsequently removed; and if he will make a statement on the matter. [52016/12]

View answer

Written answers

In 2012, up to 21st November, a total of 2,037 non-nationals were refused permission to enter the State. 126 of these persons were subsequently permitted to enter the State having made an application pursuant to the Refugee Act, 1996 (as amended).

Details of the top five nationalities of persons refused leave to land in 2012 (up to 21st November) who did not subsequently make an application pursuant to the Refugee Act, 1996 (as amended) are set out at Table 1 below and details of the top five nationalities of persons refused leave to land in 2012 (up to 21st November) who subsequently made an application pursuant to the Refugee Act, 1996 (as amended) and thus were permitted to enter the State are set out at Table 2.

Table 1. Nationality of persons Refused Leave to land in 2012 (up to 21st November) who did not subsequently make an application pursuant to the Refugee Act, 1996 (as amended).

Nationality

Number

Brazil

206

South Africa

127

China

122

Bolivia

113

Nigeria

73

Table 2. Nationality of persons Refused Leave to land in 2012 (up to 21st November) who subsequently made an application pursuant to the Refugee Act, 1996 (as amended) and thus were permitted to remain in the State.

Nationality

Number

Zimbabwe

18

Congo

17

Nigeria

11

Albania, Malawi and Pakistan

9

Afghanistan, China and Iran

4

Asylum Applications

Questions (161)

Bernard Durkan

Question:

161. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review the decision of his predecessor in the case of a person (details supplied) in County Waterford in view of the fact that a considerable doubt exists as to the conclusions reached by the immigration authorities with particular reference to the conclusion reached in respect of photographic evidence of identification; and if he will make a statement on the matter. [52084/12]

View answer

Written answers

Following a comprehensive and thorough examination of her 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 May, 2010 that the Minister proposed to make a Deportation Order in respect of her. She 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 her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

Following the consideration of her application for Subsidiary Protection,a decision was taken that the person concerned was not eligible for Subsidiary Protection.

The case of the person concerned was then considered under 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 before a Deportation Order was made in respect of her. A Deportation Order was signed on 16th November, 2012.

I am satisfied that the applications made by the person concerned for asylum and for temporary leave to remain in the State were fairly and comprehensively examined and, therefore, the decision to make a Deportation Order against her is justified.

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.

Subsidiary Protection Applications

Questions (162)

Bernard Durkan

Question:

162. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status and entitlement in the case of a person (details supplied) in County Cork and their three children all of whom were born here, one of whom has an Irish passport and all of whom are anxious for regularisation of their status with a view to naturalisation; and if he will make a statement on the matter. [52085/12]

View answer

Written answers

The person concerned applied for asylum on 14th June, 2005. Her asylum application was refused following the consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of her 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 7th May, 2009, that the then Minister proposed to make a Deportation Order in respect of her. She 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 then Minister setting out reasons why a Deportation Order should not be made against her. In addition, she was notified of her 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, including those relating to the possible relevance of the Zambrano Judgment to the case of the person concerned, 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.

Naturalisation Applications

Questions (163)

Bernard Durkan

Question:

163. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the reason an update of Stamp 4 was refused in the case of a person (details supplied) in County Kildare who has lived in this jurisdiction for more than five years and whose spouse is an Irish citizen and who has had a work permit for the duration; if he will further set down the procedures to be followed in their case with a view to naturalisation; and if he will make a statement on the matter. [52086/12]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person in question has permission to remain in the State on Stamp 4 conditions until 13 November 2016 on the basis of her marriage to an Irish national. She is registered with An Garda Síochána until that date also.

Detailed information surrounding any possible entitlement to Irish Citizenship through the Naturalisation process in respect of the person concerned can be obtained from the INIS website at "www.inis.gov.ie". It remains open to the person concerned to make an application for Irish Citizenship under the Naturalisation process should they consider that they meet the requirements for same.

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.

Defence Forces Reserve Issues

Questions (164)

Dominic Hannigan

Question:

164. Deputy Dominic Hannigan asked the Minister for Defence his plans to issue the Reserve Defence Forces with any of the equipment that is currently issued to the Defence Forces when it is not in use; and if he will make a statement on the matter. [51970/12]

View answer

Written answers

The recently published VFM of the Reserve Defence Force (RDF) has recommended significant changes to the Reserve Defence Force. A major re-organisation has been initiated which will see PDF units having Reserve components. This Single Force Concept will improve the overall capacity of the Defence Forces and will facilitate Reserve Units in accessing the same equipment as their PDF counterparts when training.

Defence Forces Personnel

Questions (165)

Seán Ó Fearghaíl

Question:

165. Deputy Seán Ó Fearghaíl asked the Minister for Defence if he will provide, in tabular form, a list of the number of promotions at all ranks that have taken place within the Defence Forces since the announcement of the reorganisation of the forces; and if he will make a statement on the matter. [51983/12]

View answer

Written answers

I announced details of the re-organisation of the Permanent Defence Force on 17 July last. The tabular statement below sets out the number of promotions which have occurred or are in train in the Permanent Defence Force between 17 July and 20 November, 2012. Competitions for promotions for enlisted personnel have been completed and promotions of successful candidates are on-going.

Officer Promotion competitions will commence later this month from which in due course there will be promotions. Promotions will be carried out within the resource envelope allocated to Defence.

Promotions by rank since the announcement of the re-organisation of the Permanent Defence Force on 17 July 2012 to 20 November 2012

Cpl

Sgt

CQMS

CS

BQMS

SM

Total NCO

Capt

Comdt

Lt Col

Col

Total Officers

Total All Ranks

3

48

8

50

11

9

129

52

35

2

1

90

219

Note:

Army/Air Corps and Equivalent Naval Service Ranks

Cpl: Corporal/Leading Seaman

Sgt: Sergeant/Petty Officer

CQMS: Company Quartermaster Sergeant/Senior Petty Officer

CS: Company Sergeant/Chief Petty Officer

BQMS: Battalion Quartermaster Sergeant/Senior Chief Petty Officer

SM/Sergeant Major/Warrant Officer

Capt: Captain/Lieutenant (NS)

Comdt: Commandant/Lieutenant Commander

Lt Col: Lieutenant Colonel/Commander

Col: Colonel/Captain

Defence Forces Properties

Questions (166)

Seán Ó Fearghaíl

Question:

166. Deputy Seán Ó Fearghaíl asked the Minister for Defence if he will provide an update on the position of overholder residents in the Curragh Camp, County Kildare; the numbers involved; the duration for which they have been overholding; the initiatives, if any, he has taken to assist in the identification of alternative accommodation for such persons; his plans to address the issue of overholding; and if he will make a statement on the matter. [51984/12]

View answer

Written answers

Personnel are obliged, under Defence Force Regulations, to vacate married quarters within a specified period of being discharged from the Permanent Defence Force. The term overholder is used to describe former members of the Defence Forces and their families who have refused to leave married quarters within 15 days of leaving the Defence Forces. There are 36 married quarters currently being occupied by overholders in the Curragh Camp, County Kildare. The duration of overholding ranges from 44 years to 8 months with the majority overholding between 20 to 30 years. The issue of overholders is being addressed in a number of ways. Since 2010 with the assistance of the Chief State Solicitors Office formal procedures have been put in place to ensure that occupants of married quarters are made aware of their responsibilities to vacate properties. This facilitates the initiation of proceedings to obtain vacant possession of the properties from those who have retired since 2010.

Overholders if they are in receipt of a pension or gratuity pay additional charges for married quarters which is deducted at source.

Since 1997 properties outside of Barracks are offered for sale to tenants with over 150 sold since the scheme was introduced.

In a small number of cases people have been being granted continued occupancy of the properties for the remainder of their lives with formal leases being put in place.

The securing of alternative housing is a matter for the individuals concerned in the first instance. If personnel are not in a position to secure housing in their own right they must make application to their local authority outlining their requirements. In recent years the Department has had meetings with Kildare County Council to discuss the issue of the continued occupation of married quarters by former members of the Defence Forces. Kildare County Council has informed the Department that the overholders must be registered on their housing list before any consideration can be given to providing accommodation for them. My Department is available to assist whenever possible in ensuring that the authorities are aware of the requirements of individuals when vacating military quarters. The Department provides supporting material to those applying for Local Authority housing where required.

Defence Forces Reserve Review

Questions (167)

Robert Troy

Question:

167. Deputy Robert Troy asked the Minister for Defence the date of publication of the value for money review; the date on which he will be extending this information to the reserve forces; and if he will make a statement on the matter. [52004/12]

View answer

Written answers

The Value for Money Review of the Reserve Defence Force was published on Tuesday last, 20th November, in line with the guidelines and normal procedure for Value for Money Reviews. On the same day the Report was laid before the Houses of the Oireachtas and published on the Department of Defence’s website. Briefing sessions were also held with the Representative Associations prior to publication of the Review.

Disadvantaged Areas Scheme Payments

Questions (168)

Patrick O'Donovan

Question:

168. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine when a disadvantaged area scheme payment will issue to a person (details supplied). [51951/12]

View answer

Written answers

In the case of the first person named, an application under the 2012 Disadvantaged Areas Scheme was received on 19 April 2012. However, payment has not yet issued, as, at this stage, the holding concerned has not yet satisfied the Scheme minimum stocking density requirements. Immediately this can be confirmed, the case will be further processed with a view to payment at the earliest possible date thereafter.

In the case of the second person named, an application under the 2012 Disadvantaged Areas Scheme was received on 19 April 2012. Processing of the application has recently been finalised, thereby allowing payment to shortly issue, directly to the nominated bank account.

Top
Share