Tuesday, 27 Nov 2012

Written Answers Nos. 515 to 538

Deportation Orders Data

Questions (515)

Paschal Donohoe

Question:

515. Deputy Paschal Donohoe asked the Minister for Justice and Equality the reason an order for deportation was made against a person (details supplied); and if he will make a statement on the matter. [52721/12]

Written answers

Minister for Justice and Equality

The person concerned arrived in the State on 11 July 2003 on foot of a student visa. The permission was subsequently renewed until 30 June 2005 with no further renewals thereafter.

By letter dated 29 November 2005, the person concerned was notified that he had no current permission to remain in the State. By letter dated 30 November 2005, the person was notified that the Minister proposed to make a Deportation Order in respect of him. He was given the option, inter alia, of making representations to the Minister within 15 working days as to why he should be allowed to remain temporarily in the State. The case was considered in August 2008 pursuant to section 3(6) of the Immigration Act 1999 (as amended). A Deportation Order was signed on 9 September 2008.

The person applied for a declaration as a refugee on 16 September 2009 and withdrew the application on 17 September 2009. By letter dated 6 October 2009, the person was notified that his permission to remain in the State had expired. The person instituted Judicial Review proceedings on 1 September 2009 challenging the Deportation Order made in respect of him and accordingly, as the matter is sub judice, I do not propose to comment further.

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.

Criminal Prosecutions Issues

Questions (516)

Aodhán Ó Ríordáin

Question:

516. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if he will clarify the application of the Non-Fatal Offences Against the Person Act (1997) to instances of cyber bullying and the way Gardai should interpret the law in such cases; and if he will make a statement on the matter. [52728/12]

Written answers

Minister for Justice and Equality

I take the opportunity presented by the Deputy's question to set out generally the legislative provisions relating to the investigation and prosecution of offences which may arise from cyberbullying. Bullying in any form, including cyberbullying, may amount to harassment and may therefore be an offence under section 10 of the Non-Fatal Offences against the Person Act 1997, as amended.

Section 10 provides that any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, is guilty of an offence. For the purposes of Section 10, a person harasses another where (a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and (b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.

A person convicted of an offence under Section 10 is liable on summary conviction to a class C fine or to imprisonment for up to 12 months or to both, or on conviction on indictment to a fine or to imprisonment for up to seven years or to both. As I stated in the House on 7 November, my attention has been drawn to the difficulty which, it seems, is presented by the need to demonstrate persistence in the harassment. As I said on that occasion, I have asked the Law Reform Commission to examine the issue and I await its conclusions.

The offence of threatening to kill or cause serious harm in section 5 of the 1997 Act may also be relevant. Anyone convicted of an offence under that section is liable on summary conviction to a class C fine or to imprisonment for up to 12 months or to both, or on conviction on indictment to a fine or to imprisonment for a term not exceeding ten years or to both. The Prohibition of Incitement to Hatred Act 1989 may be relevant to some instances of cyberbullying. The Act prohibits incitement to hatred on account of race, religion, nationality or sexual orientation.

The Communications (Retention of Data) Act 2011 facilitates the investigation of cyberbullying offences. It permits the retention of and access to data for the purposes of the prevention, detection, investigation or prosecution of serious offences. A serious offence is an offence punishable by imprisonment for a term of five years or more as well as offences listed in schedule 1 to the Act. The Deputy will note that the offences at Sections 5 and 10 of the 1997 Act meet the criteria and are therefore considered to be serious offences for the purposes of the 2011 Act.

On the question of interpreting the law, the practice in this jurisdiction is that the Oireachtas enacts the legislation, the Garda (or other relevant agency) enforces it and the courts interpret and apply it.

Immigration Policy

Questions (517)

Brian Walsh

Question:

517. Deputy Brian Walsh asked the Minister for Justice and Equality the reason for the recent increase in the fee for an Immigration Certificate of Registration; and if he will make a statement on the matter. [52729/12]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

I refer the Deputy to my reply to Dáil Questions Nos. 153, 155, 156 & 157 of the 22 November as follows which deals with the recent increase in fees for the issue of a Certificate of Registration under the Immigration Act, 2004.

Section 9 of the Immigration Act, 2004 provides that a register of non-nationals who have permission to be in the State (in general for a period of three months or longer) shall be established and maintained by registration officers. Registration officers are members of An Garda Síochána: in the Dublin Metropolitan Area, it is the officer in charge of the Garda National Immigration Bureau (GNIB); outside of that area it is the Superintendent of An Garda Síochána in a Garda Síochána district. The Act provides that a non-national is required to pay a fee to the registration officer for the issue of a registration certificate. This fee is set by regulations made by the Minister for Justice and Equality with the consent of the Minister for Public Expenditure and Reform. There is no requirement to consult with other bodies when contemplating a revision of these or other fees. Moreover, it is difficult to see what useful purpose would be served by such an exercise as it is unlikely that affected parties or their representatives would signal support for such an increase. The fee was first introduced in 2006 and was then set at €100. It was increased to €150 in 2008 and remained at that level until the latest increase came into effect on 19 November, 2012.

The introduction of the registration fee in May, 2006 resulted from a policy decision that the fee income was required for the ongoing development of immigration services - both in the Irish Naturalisation and Immigration Service (INIS) and the Garda National Immigration Bureau (GNIB). Our migrant population have made a valuable contribution to the economic, cultural and social life of Ireland and will continue to do so. However, I believe that it is not unreasonable to ask those who benefit from the immigration system to make a reasonable contribution to the cost of services and particularly so in a time when we are seeking to reduce public expenditure. It is common practice throughout Europe to charge a fee for immigration services; in some instances these may be set at a level above the estimated direct administrative cost of the service based on the value of the service. By comparison with many jurisdictions the current registration fee represents very good value.

I am also very conscious of the need to maintain and develop good service levels to customers. In this regard, the Irish Naturalisation and Immigration Service (INIS) of my Department is undertaking a number of projects with the aim of developing and improving immigration services. These include the introduction of a new common format EU Residence Permit for non-nationals which will replace the current registration certificate. It will provide the user with a more secure immigration document including individual biometrics indicators protected by a sophisticated encryption system and showing the holders’ immigration status in the State. This high quality, secure document will be easily recognisable for employers and Government agencies.

Furthermore, INIS as part of its reform of in-country aspects of immigration services, is developing a range of measures including online application and appointment systems for certain services. Such a service is badly needed, but it costs money to implement. The nature of immigration requirements such as registration necessitates, to a very great extent, the personal attendance of the applicant. At certain times of the year this can give rise to long queues and significant delays. A self-selecting online system will help to greatly alleviate these difficulties and the increased registration fee income will be used to meet a portion of the cost involved in this and other developments.

Other projects being progressed are proposals for the civilianisation of certain port of entry functions at Dublin Airport. For this purpose, a trial is underway at Dublin airport to test the feasibility of a new model for delivery of immigration services at ports of entry to the State by using a combination of civilian staff and members of An Garda Síochána. I refer the Deputy to my answer to Dáil Question No. 171 of 4 October, 2012 which sets out the latest position in respect of this project.

In recognition of the circumstances of certain categories of person, there are specific exemptions from paying the registration fee set out in the regulations; these are the following:

- UN Convention Refugees;

- Family members of such refugees who have been admitted to the State in accordance with section 18 of the Refugee Act 1996;

- Persons who are under 18 years of age at the time of registration;

- Spouses, civil partners, widows and widowers of Irish citizens;

- Spouses and Dependants of EU nationals who receive a residence permit under EU Directive 38/04;

- Programme Refugees, as defined by section 24 of the Refugee Act, 1996;

- Persons subject to arrangements for victims of human trafficking.

The above categories of non-nationals exempted from the fee payment are almost 20% of the total numbers registering. Last year alone, this amounted to 21,443 persons and €3.2 million in fees waived".

Community Policing

Questions (518)

Seán Kenny

Question:

518. Deputy Seán Kenny asked the Minister for Justice and Equality if he will request Gardaí to provide with greater attention to a road (details supplied) in Dublin 13 to deal with illegal parking between now and year end; and if he will make a statement on the matter. [52744/12]

Written answers

Minister for Justice and Equality

I am informed by the Garda authorities that the location referred to is within the Coolock Garda Sub-District. Local Garda management is aware that the road concerned, which runs adjacent to a local shopping centre, attracts a high volume of traffic, particularly in the period approaching Christmas. I am further informed that the area referred to is patrolled by uniform and plain-clothes units, including the Community Policing Unit, supplemented as required by Traffic Corps personnel. A Community Garda also patrols the location and is in contact with local residents. I am advised that An Garda Síochána regularly conduct road traffic enforcement operations in this area and issue fixed charge notices in respect of vehicles that are parked illegally or causing obstructions.

I am assured that additional mobile and foot patrols have been assigned to this location during the Christmas period. Local Garda management continue to monitor this area with appropriate action taken where breaches of road traffic legislation are detected.

Garda Vetting Applications

Questions (519)

Patrick Nulty

Question:

519. Deputy Patrick Nulty asked the Minister for Justice and Equality the current procedure by which Irish citizens seeking employment as teachers in England can secure a Garda Síochána police check, as required by prospective employers there; if his attention has been drawn to the difficulties reportedly facing teachers seeking work in England due to Garda procedure in this regards; and if he will make a statement on the matter. [52757/12]

Written answers

Minister for Justice and Equality

I am informed by the Garda authorities that Garda vetting certificates for employment purposes are provided for those seeking employment in Ireland with organisations registered with the Garda Central Vetting Unit (GCVU) where the employment involves substantial unsupervised access to children or vulnerable adults. Criminal history vetting for general employment purposes, here or abroad, is not available on demand.

The GCVU continues to roll out the provision of vetting to a number of organisations who require the service because those employed or engaged by these organisations may have substantial unsupervised access to children or vulnerable adults. This incremental roll out is necessary because of the resource demands on the vetting service.

It is not possible to register organisations from outside this jurisdiction with the GCVU. The Deputy will appreciate that its priority, particularly taking into account resource issues, must be on providing vetting information within this jurisdiction.

I should mention that an individual may apply to the Garda Síochána for a disclosure under Section 4 of the Data Protection Act 1988 (as amended) for a copy of the personal data which is maintained by An Garda Síochána. Such a disclosure is made to the individual to whom the data relates.

Immigrant Investor Programme

Questions (520, 521, 522, 523)

Pearse Doherty

Question:

520. Deputy Pearse Doherty asked the Minister for Justice and Equality further to his announcement on 24 January 2012 of the Immigrant Investor Programme and Start-up Entrepreneur Programme; the number of visas issued to date with respect to both programmes, and an analysis of visa numbers by country of origin of visa recipients. [52766/12]

Pearse Doherty

Question:

521. Deputy Pearse Doherty asked the Minister for Justice and Equality further to his announcement on 24 January 2012 of the Immigrant Investor Programme and Start-up Entrepreneur Programme; if he will provide an update on the creation of the special low interest Irish bond, referred to in his announcement. [52767/12]

Pearse Doherty

Question:

522. Deputy Pearse Doherty asked the Minister for Justice and Equality further to his announcement on 24 January 2012 of the Immigrant Investor Programme and Start-up Entrepreneur Programme; the overall volume and value of property sold to date by the National Asset Management Agency to visa recipients. [52768/12]

Pearse Doherty

Question:

523. Deputy Pearse Doherty asked the Minister for Justice and Equality further to his announcement on 24 January 2012 of the Immigrant Investor Programme and Start-up Entrepreneur Programme; the overall total investment to date in Irish business by visa recipients. [52769/12]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 520 to 523, inclusive, together.

The Immigrant Investor Bond is one of the investment options available to potential candidates for the Immigrant Investor Programme which has been open for applications since April of this year. Details of the bond can be viewed in the guidelines for the programme which are available from the web page of the Irish Naturalisation and Immigration Service, www.inis.gov.ie. The bond has a term of five years and pays an annual interest rate of 1%. The bond has been created by the National Treasury Management Agency and cannot be traded or transferred during its term.

Details of the options on property investment are also outlined in the guidelines for the Immigrant Investor Programme. My officials inform me that, to date, no candidates have applied for consideration of investments in property or bonds as eligible investments under the programme.

On foot of recommendations from the Evaluation Committee meeting of 9 August 2012, I have approved immigration permission for one successful applicant under the Immigrant Investor Programme and two successful applicants under the Start-up Entrepreneur Programme. The Deputy will be aware that I cannot give details of individual immigration cases, but I will say that the three successful candidates originate from North America, Africa and Asia. Both projects under the Start-up Entrepreneur Programme fulfilled the requirement for a minimum of €75,000 funding for their respective high potential start-ups. The investment proposal in an existing Irish business approved under the Immigrant Investor Programme significantly exceeded the requirements of the scheme.

My officials have informed me that the Evaluation Committee will meet later this week to consider four applications under the Immigrant Investor Programme and thirteen applications under the Start-up Entrepreneur Programme. The Irish Naturalisation and Immigration Service continues to receive a significant level of inquiries on these programmes.

Criminal Prosecutions Data

Questions (524)

Pádraig MacLochlainn

Question:

524. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of prosecutions for fraud and the number of convictions for fraud during each of the past ten years broken down by categories of offence; and if he will make a statement on the matter. [52815/12]

Written answers

Minister for Justice and Equality

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputy.

Garda Bureau of Fraud Investigations

Questions (525, 526, 527, 528, 529)

Pádraig MacLochlainn

Question:

525. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of Gardaí attached to the Garda Bureau of Fraud Investigations. [52816/12]

Pádraig MacLochlainn

Question:

526. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of civilians employed in the Garda Bureau of Fraud Investigations. [52817/12]

Pádraig MacLochlainn

Question:

527. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of forensic accountants employed in the Garda Bureau of Fraud Investigations and in the Criminal Assets Bureau. [52818/12]

Pádraig MacLochlainn

Question:

528. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of outsourced or temporary staff employed by the Garda Bureau of Fraud Investigations. [52819/12]

Pádraig MacLochlainn

Question:

529. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of jobbridge staff employed by the Garda Bureau of Fraud Investigations. [52820/12]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 525 to 529, inclusive, together.

The Deputy will be aware that the Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no direct function in the matter. This allocation of resources is constantly monitored in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.

I have been informed by the Garda Commissioner that there are no JobBridge staff, outsourced or temporary staff employed by the Garda Bureau of Fraud Investigations (G.B.F.I.). There are two forensic accountants employed on a full time basis, 72 Gardaí and 13 civilians attached to the G.B.F.I. There are three personnel with forensic accountant qualifications employed at the Criminal Assets Bureau.

Proposed Legislation

Questions (530)

Pádraig MacLochlainn

Question:

530. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his plans to introduce new legislation regarding white collar crime. [52821/12]

Written answers

Minister for Justice and Equality

I can assure the Deputy that I attach the highest priority to the investigation of white collar crime and to ensuring that An Garda Síochána has the necessary legislative and other supports to do so effectively. Accordingly, and very shortly after taking up office, I moved urgently to introduce new legislation, the Criminal Justice Act 2011, which provides vital assistance to An Garda Síochána in the completion of current and future white collar crime investigations. The main purpose of the Act is to facilitate the more effective investigation of white collar crime and to reduce associated delays. In this regard, the Act provides for new procedures to facilitate Garda access to essential information and documentation to assist in the investigation of white collar crime.

I am pursuing other measures in the form of the Criminal Justice (Corruption) Bill which, when enacted, will clarify and strengthen the law on corruption. The General Scheme of the Bill is being considered by the Joint Oireachtas Committee on Justice, Defence and Equality prior to formal drafting by the Office of the Parliamentary Counsel to the Government. The Bill will replace and update existing offences relating to giving or receiving bribes in both the public and private sectors. It will also introduce new offences in relation to corrupt influence peddling. The recommendations of the Mahon Tribunal have been taken into account in provisions to be contained in the Bill such as a new offence of making payments knowingly or recklessly to a third party who intends to use them as bribes.

I am briefed on an ongoing basis by the Garda Commissioner on the progress of the major white collar crime investigations which are underway and the Commissioner is also aware that any further legislative proposals which he feels would assist in the investigation and detection of white collar crime, or of fraud offences generally, will be positively considered by me.

Recidivism Rate

Questions (531)

Pádraig MacLochlainn

Question:

531. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his views on the recent report by the Central Statistics Office on criminal re-offending in Ireland. [52822/12]

Written answers

Minister for Justice and Equality

As I said when welcoming its publication, this is the first time there has been such an assessment of the impact and effectiveness of non-custodial measures on rates of re-offending. The results are interesting with the study showing that almost 63% of offenders who were given an alternative sanction by the Courts in 2007 had not re-offended after two years.

This study has established reliable recidivism data on offenders under probation supervision and on community service orders and considers variations in recidivism as they relate to the type of original order, gender and age of offenders, category of offence and subsequent offence. Its findings show that the recidivism or re-offending rate was 37.2% for the particular cohort of offenders who were under probation supervision in the two years after their supervision ended.

I believe the value of the work that has been done to produce this report is that it provides a clearer overview of community sanctions outcomes which will better inform the work of the Probation Service in helping to make our communities safer. I look forward to receiving such evidence-based material on an annual basis.

Recidivism Rate

Questions (532)

Pádraig MacLochlainn

Question:

532. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if his attention has been drawn to the fact that studies on recidivism consistently show that offenders who go through restorative processes are less likely to reoffend that those who proceed through criminal courts. [52823/12]

Written answers

Minister for Justice and Equality

I am not clear as to which research studies or findings on recidivism and restorative justice practice the Deputy may have in mind. That said, I believe the concept of restorative justice is central to the pursuit of public protection, not just as a concept or principle, but as a model for practice by the various criminal justice agencies.

The Probation Service, in partnership with community based organisations, is engaged in the promotion, development and delivery of restorative justice initiatives.  Extending the range of restorative justice schemes is a strategic priority for the Probation Service.

As I have said before, my focus is to encourage the use, to the greatest extent possible, of the menu of non-custodial options available to the courts. I believe the restorative justice concept has a place in that range of available options and it is my intention to build on the progress being made.

Legal Services Regulation

Questions (533)

Brendan Ryan

Question:

533. Deputy Brendan Ryan asked the Minister for Justice and Equality the progress made on the Programme for Government's commitment to establish independent regulation of the legal professions to ensure adequate procedures for addressing consumer complaints; if he is considering the appointment of an Ombudsman for the legal profession; and if he will make a statement on the matter. [52872/12]

Written answers

Minister for Justice and Equality

The Programme of the Government for National Recovery 2011-2016 undertakes to “establish independent regulation of the legal profession to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints”. These undertakings complement those structural reforms in the EU/IMF Programme of Financial Support for Ireland aimed at removing restrictions to trade and competition relating to the legal professions and at reducing legal costs.

Effect is being given to these structural reform commitments in the form of the Legal Services Bill 2011 which was published, in keeping with the relevant time-line under the Troika Programme, at the end of Quarter 3 of 2011. The Bill, which remains a priority under the Government Legislation Programme, completed Second Stage in the Dáil in February and is awaiting Committee Stage. I have made comprehensive statements on the Bill and its continuing development to the Dáil during Second Stage, at the Annual Conference of the Law Society on 14 of April, and at the conference hosted by my Department on Regulatory Reform for a 21st Century Legal Profession that took place on 6 July. The full text of these statements is available on the Department website, www.justice.ie, for ease of reference. During the Second Stage debate I also recalled to the House the decision taken in May 2011 not to proceed with the appointment of a Legal Services Ombudsman. This is because the oversight model proposed in the Legal Services Ombudsman Act of 2009 does not meet this Government’s policy commitment to greater independence in the regulation of the legal professions. The Legal Services Regulation Bill, therefore, sets out an alternative and more independent supervisory regime.

As the Legal Services Regulation Bill approaches Committee Stage it is set to provide for the establishment of a new Legal Services Regulatory Authority that will be independent of the Government, the Law Society and the Bar Council in its appointment and in the discharge of its functions. The Bill will also establish an independent complaints framework to deal with allegations of professional misconduct to which the public will have direct access - at present such complaints are made through the professional bodies. There will also be an independent Legal Practitioners’ Disciplinary Tribunal dealing with both solicitors and barristers. These changes are being augmented by a more modern, consumer friendly and transparent legal costs regime under the Office of the Legal Costs Adjudicator that will take over the duties of the existing Taxing Master. The Bill sets out, for the first time in legislation, a set of Legal Costs Principles and the determinations of the Legal Costs Adjudicator, who may also issue legal costs guidelines, will be made public. The Bill will also open the legal services sector to new business models that will provide new opportunities for legal services providers while also providing greater choice and competition for the benefit of consumers.

I continue to receive submissions in relation to the Bill from various stakeholders and these are being considered in preparation for Committee Stage. Work on the details of the proposed amendments to the Bill is ongoing at my Department, in conjunction with the Offices of the Attorney General and of Parliamentary Counsel. As I have previously stated, the relevant amendments will be made available in advance of Committee Stage, along with the relevant Regulatory Impact Analysis. It remains my objective, notwithstanding the competing legislative demands of our EU/IMF/ECB Programme commitments - notably the Personal Insolvency Bill which continues to occupy Members of both Houses - that Committee Stage of the Legal Services Regulation Bill should commence early in the new year.

Common Travel Area

Questions (534)

Terence Flanagan

Question:

534. Deputy Terence Flanagan asked the Minister for Justice and Equality if the common travel area between Ireland and the UK still exists; if so, the reason passengers with Irish and British passports arriving from the UK have to go through passport control on arrival here; and if he will make a statement on the matter. [52899/12]

Written answers

Minister for Justice and Equality

I can assure the Deputy that the Common Travel Area remains in effect and that the continuing existence of the CTA is of immense political, economic and social significance to both Ireland and the United Kingdom. It is of critical importance that both Ireland and the United Kingdom work closely together to enhance the protection of the CTA. Indeed, It was very much with this in mind that I agreed a programme of action with the then UK Minister of State for Immigration, Mr. Damien Green MP, as set out in the Joint Statement on the Protection of the CTA. It was signed by both sides in Dublin on 20 December, 2011. The Deputy will recall that in the Joint Statement on British Irish relations - the Next Decade, signed by the Taoiseach and the British Prime Minister on 12 March, 2012 reference is made to the Common Travel Area in the following terms: “We remain firmly committed to preserving and protecting the Common Travel Area, which allows ease of travel for our people. We will continue to work together on immigration issues, and to combat potential vulnerabilities from terrorism, illegal immigration and organised crime.”

There is no requirement for citizens of either jurisdiction to carry passports when travelling within the CTA. However, it is the case that airline carriers in many instances require their passengers to have a passport in their possession before allowing them to board aircraft. As such, this is not an immigration requirement. Unlike the operational practices at some UK airports, there is generally no segregation of arriving passengers at Irish ports of entry to the State. Consequently, Immigration Officers performing immigration control duties at airports in the State do not know where passengers have travelled from when such passengers present at immigration control desks. It is, therefore, necessary for Immigration Officers to establish where passengers have arrived from, and in order to do this, an Immigration Officer may ask passengers questions with a view to establishing their nationality and port of embarkation. Once satisfied that a person is a citizen of the Common Travel Area (CTA) and that such person has travelled from the United Kingdom, the Immigration Officer will make no further requirement of that person.

In circumstances where a person, who is a national of the jurisdictions that form the Common Travel Area, and who has travelled from within the CTA and is not in possession of a passport, an Immigration Officer, in compliance with their duties under immigration legislation, is duty-bound to ask questions designed to establish that the person is a national of the jurisdictions that form the CTA and has travelled from within the CTA and as such is entitled to benefit from its immigration arrangements.

For the sake of completeness, I should add that border entry practices in the UK for CTA arrivals vary considerably from place to place. For example, in some UK regional airports, police officers on occasion seek identity documents for passengers from this jurisdiction. In other cases, evidence of having boarded an aircraft in Ireland is sought.

In recent years, personnel at the Garda National Immigration Bureau (GNIB) and in the UK immigration authorities have detected abuses within the Common Travel Area. Movements of illegal persons, suspected human trafficking, illegal immigration and substantial levels of social welfare fraud are among the consequences of such abuse. The co-operation of all passengers arriving in the State, including Irish and UK citizens who have travelled from the UK, greatly enhances the ability of Immigration personnel, both here and in the UK, to prevent and detect illegal immigration and associated criminality.

It should be noted that in fulfilling their duties at the frontiers of the State, members of An Garda Síochána utilise a range of legislative provisions. In particular, such officers will, where necessary, enforce the provisions at section 33 of Air Navigation and Transport Act, 1988, which states, an authorised officer, in the interest of the proper operation or the security or safety of an aerodrome, or the security or safety of persons, aircraft or other property thereon, may require any person on an aerodrome to-:

(i) give his name and address and to produce other evidence of his / her identity;

(ii) state the purpose of his being on the aerodrome;

(iii) account for any baggage or other property which may be in his possession.

International Agreements

Questions (535)

Terence Flanagan

Question:

535. Deputy Terence Flanagan asked the Minister for Justice and Equality his plans to enter into the Schengen agreement; and if he will make a statement on the matter. [52900/12]

Written answers

Minister for Justice and Equality

The Schengen Convention is an agreement among European States which allows for the abolition of systematic border controls between participating States. It also includes provisions for the development of enhanced cooperation in relation to law enforcement matters and judicial cooperation.

There are currently 25 fully participating States comprising all EU Member States with the exception of Ireland, the United Kingdom, Cyprus, Romania and Bulgaria and three non-EU States: Iceland, Norway and Switzerland. Border posts have been removed between Schengen area States and a common Schengen visa allows tourist or visitor access to the area.

The Schengen agreement was incorporated into the framework of the European Union under the Treaty of Amsterdam. The relevant Protocol recognised the fact that Ireland and the United Kingdom are not parties to the Schengen agreement and made provision to allow those Member States to accept some or all of its provisions at any time.

Ireland has successfully applied to take part in certain elements of the Schengen agreement. The activities which Ireland has applied to participate include police cooperation, mutual assistance in criminal matters, extradition and drugs co-operation. Ireland also applied to participate in related aspects of the Schengen Information System - a European search database which assists Member State authorities in carrying out border checks and police and customs checks.

Ireland's application to participate in these specified articles of the agreement was approved by Council Decision in 2002. In accordance with this Council Decision, these provisions will come into effect only after a range of technical and legislative measures have been put in place and successfully evaluated by the Council. The measures which will enable Ireland to meet its Schengen requirements are currently being progressed.

Ireland has not, however, applied to participate in the Schengen arrangements to the extent that they deal with the abolition of border checks. This decision has been taken to maintain the common travel area (CTA) with the United Kingdom which remains a priority for Ireland. The reality is that the common travel area could not continue to operate if Ireland were to remove border checks with Schengen States generally while the United Kingdom did not do so. To do so would result in a situation where the land border with Northern Ireland would become the border between the Schengen area and the United Kingdom. In such circumstances, land border controls would appear inevitable and this is obviously something that no Irish Government would seriously contemplate bringing about.

The Government's focus instead is on doing what it can to maximise the potential of the Common Travel Area as evidenced by the CTA visa waiver programme already introduced and ongoing talks with our UK colleagues on the possibility of a common CTA visa.

Immigration Policy

Questions (536)

Clare Daly

Question:

536. Deputy Clare Daly asked the Minister for Justice and Equality if his attention has been drawn to the fact that persons seeking visa renewals at the Garda National Immigration Bureau last week who were not seen because of the large number were told to return next week, however the charge for the visa renewal increased the following week from €150 to €300; his views on whether these persons should be penalised for insufficient staff available to deal with them. [52924/12]

Written answers

Minister for Justice and Equality

The increase in the fee in respect of the issue of a registration certificate under the Immigration Act, 2004 came into effect on 19 November, 2012. Any person issued with a registration certificate from that date will be required to pay the new fee of €300 unless they come within those categories exempted from the charge.

In respect of persons who may have been seeking to obtain a re-entry visa, I should point out that the fees for same have not changed.

It is an unavoidable consequence, and unrelated to resources, that people seeking to register will fall on the either side of the fee increase introduction. It is understandable that many people would have sought to avail of the lower rate in advance of the fee increase resulting in numbers at the public office Garda National Immigration Bureau (GNIB), rising to exceptional levels at certain times. However, I reject the contention that there is insufficient staff in the GNIB public office. Indeed, there are extended opening hours in operation in the office from Monday to Thursday (8:00 AM to 10:00 PM); on Friday the hours are 8:00 AM to 4:00 PM. Furthermore, as happens every year, special arrangements are put in place in September and October to facilitate the registration of students in major public and private colleges (who form the bulk of registrations in those months) as they begin or return to their studies. Periods of time are set aside in the public office of the Garda National Immigration Bureau (GNIB), Burgh Quay, Dublin 2 specifically for registration of students which this year extended into November. I understand that the bulk of students were in a position to complete their registration obligations in advance of the fee increase.

In addition, it should be noted that in recognition of the circumstances of certain categories of person, there are specific exemptions from paying the registration fee set out in the regulations; these are the following:

- UN Convention Refugees;

- Family members of such refugees who have been admitted to the State in accordance with section 18 of the Refugee Act 1996;

- Persons who are under 18 years of age at the time of registration;

- Spouses, civil partners, widows and widowers of Irish citizens;

- Spouses and Dependants of EU nationals who receive a residence permit under EU Directive 38/04;

- Programme Refugees, as defined by section 24 of the Refugee Act, 1996;

- Persons subject to arrangements for victims of human trafficking.

The above categories of non-nationals exempted from the fee payment are almost 20% of the total numbers registering. Last year alone, this amounted to 21, 443 persons and €3.2 million in fees waived.

Departmental Legal Cases

Questions (537)

Clare Daly

Question:

537. Deputy Clare Daly asked the Minister for Justice and Equality his understanding of the history and status of a case (details supplied). [52926/12]

Written answers

Minister for Justice and Equality

I can inform the Deputy there are no aspects of this case relating to the person named currently under examination in my Department. I am aware that the members of the family in question have pursued complaints in respect of a number of issues over a long period of time and that there was also protracted civil litigation which I believe was concluded a number of years ago.

There is no action being taken or open to my Department in relation to these matters. Moreover, aspects of these matters relate to in camera family law proceedings in respect of which it would be inappropriate to comment.

State Properties

Questions (538)

John Lyons

Question:

538. Deputy John Lyons asked the Minister for Justice and Equality his plans to pull down the administration block built in 2005 at Templemore, County Tipperary, because it is not safe for use; and if he will make a statement on the matter. [52956/12]

Written answers

Minister for Justice and Equality

While I understand that there are some safety concerns in relation to the accommodation buildings which are being addressed in conjunction with the Office of Public Works, I am advised by the Garda authorities that there are no safety concerns in relation to the administration block in the Garda College and that, accordingly, there are no plans to demolish it.