Written Answers Nos. 197-209
197. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency and eligibility for naturalisation in the case of persons (details supplied) in County Kildare currently the subject of deportation; if their case is affected by the Zambrano judgement; and if he will make a statement on the matter. [53595/12]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that the persons referred to by the Deputy are the subjects of Deportation Orders, signed on 27th July 2010, following a comprehensive and thorough examination of their asylum claims and applications for subsidiary protection, and a detailed examination of the representations they submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). There is no record of any application for Zambrano having been received from the person concerned.
However, if new information or circumstances have come to light, which has a direct bearing on their case and which has arisen since the original decision to make the Deportation Orders was made, there remains the option of applying to me for revocation of the Deportation Orders pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.
The effect of the Deportation Orders is that the persons concerned must leave the State and remain thereafter out of the State.
The enforcement of the Deportation Orders is an operational matter for the Garda National Immigration Bureau.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
198. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will facilitate an update of Stamp 4 in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [53596/12]
View answerI refer the Deputy to my replies to Parliamentary Questions numbered 627 of 11th January 2012, and 1261 of 18th September, 2012.
I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person concerned was granted permission to remain in the State for one year in 2000 under the arrangements then in place for the non-EEA national parents of Irish born children. This permission was renewed subsequently and the last renewal was valid to 1st September 2008, the expiry date on the passport of the person concerned.
I am informed that an application was received in the INIS on 23rd August 2012 from the solicitor of the person concerned to regularise her status in the State. I understand that a request was made for additional documentation on 5 October, 2012 by officials in the INIS. However, I am informed that no response has been received to date. Upon receipt of the appropriate documentation, the case of the person concerned will be further examined. Once all documentation required to enable a decision to be made is received a decision will be made on her case 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.
199. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) in County Kildare meets the necessary residency requirements in terms of Stamp 4 compliance to facilitate application for naturalisation; the extent of any further requirements on their behalf; and if he will make a statement on the matter. [53597/12]
View answerThe person concerned was granted Leave to Remain in the State in February, 2008, following the consideration of her case under Section 3 of the Immigration Act 1999 (as amended). This Leave to Remain was subsequently renewed, most recently on 23rd February, 2012, with the consequence that the person concerned now has Leave to Remain up to 17th February, 2015.
It is open to the person concerned to lodge an application for a Certificate of Naturalisation if and when she is in a position to meet the statutory requirements. Detailed information in relation to the lodgement of an application for a Certificate of Naturalisation can be found on the Irish Naturalisation and Immigration Service (INIS) Website - www.inis.ie.
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.
200. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if arising from the recent fee increase from €175 to €300 in respect of an update of Stamp 4, if deferred payment arrangements can be put in place in situations of hardship; and if he will make a statement on the matter. [53598/12]
View answerSection 19 of the Immigration Act, 2004 (as amended), provides that a non-national is required to pay a fee to the registration officer, An Garda Síochána, 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. The registration officer concerned may refuse to issue a registration certificate if the appropriate fee has not been paid.
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. There is no deferred payment arrangement.
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; and persons subject to arrangements for victims of human trafficking.
201. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 1202 of 18 September 2012, if arrangements will be made to facilitate the return to this jurisdiction of a person (details supplied) in County Dublin who inadvertently as part of a musical touring group travelled from Northern Ireland to Scotland where they are currently detained; and if he will make a statement on the matter. [53599/12]
View answerThe person concerned applied for asylum on 28th September, 2009 and was advised on 25th January, 2010 that the Refugee Applications Commissioner was recommending that he be refused a declaration of refugee status. His appeal to the Refugee Appeals Tribunal was heard in July, 2010. The Refugee Appeals Tribunal 'affirmed' the recommendation of the Refugee Applications Commissioner. On 8th August, 2011, the person concerned was advised that his application for Subsidiary Protection was unsuccessful.
All representations made pursuant to Section 3 (6) of the Immigration Act 1999 and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement were considered before a decision was taken to make a Deportation Order in respect of the person concerned. The Deportation Order was formally served on the person concerned by registered letter dated 30th August, 2011.
The person concerned lodged Judicial Review proceedings in the High Court on 10th October, 2011, challenging the decision to make a Deportation Order and to refuse his Subsidiary Protection application. Given that these proceedings are ongoing, it would not be appropriate to comment further on the case of the person concerned at this time.
I understand that the person concerned was encountered on 25th October, 2012 at Belfast International Airport as he was endeavouring to travel from there to the UK. I understand that contacts are ongoing between the Irish and UK immigration authorities in relation to the person concerned and once these consultations have been concluded, the person concerned will be advised as to the approach to be taken in his case.
202. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of visa applications in respect of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [53600/12]
View answerThe individuals referred to currently have visa applications under consideration. Whilst preliminary assessments of the applications have been completed, they are awaiting a comprehensive examination. Applications of the nature of the case referred to by the Deputy require more in depth consideration than straightforward 'visit' visas.
I can advise that each visa application is considered on its individual merits, the onus as always resting with the applicant to establish to the satisfaction of the Visa Officer as to why the visa sought should be granted. The applicants will be notified of the decision as soon as it is made.
I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process. 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.
203. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding determination of eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [53601/12]
View answerI am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in August, 2010.
The application is at an advanced stage of processing and the applicant will be informed of my decision in due course.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. Considerable resources are deployed to process applications and these resources together with the necessary administrative arrangements are kept under review.
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.
204. Deputy Michael McCarthy asked the Minister for Justice and Equality when a Garda clearance certificate will issue in respect of a person (details supplied) in County Cork; if this case will be expedited; and if he will make a statement on the matter. [53643/12]
View answerI am informed by the Garda authorities that on the basis of the information provided by the Deputy and in the time available, it has not been possible to ascertain the status of the application. I will communicate directly with the Deputy when the information becomes available.
205. Deputy Heather Humphreys asked the Minister for Justice and Equality if he will confirm the percentage of poultry produce used in meals for prisons that is of Irish origin; and if he will make a statement on the matter. [53644/12]
View answerI can advise the Deputy that the current contract for the provision of fresh poultry products for the Irish Prison Service was placed with Crossgar Foodservices, a Northern Ireland company, following an open tender competition in accordance with EU Procurement Directives.
I am advised by the Irish Prison Service that poultry being currently supplied under this contract is not of Republic of Ireland origin.
The Irish Prison Service are obliged to carry out the procurement of food products in an open and transparent manner and in line with National and EU Public Procurement Guidelines. The Irish Prison Service have absolutely no discretion in this regard.
206. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of outstanding bench warrants, committal warrants, penal warrants and estreatment warrants and detailing the number in each District Court area; if he will confirm whether or not the figures given by the Gardai under PULSE correlate with the Court Service records; and if he will make a statement on the matter. [53678/12]
View answerIn the time available it has not been possible for the Garda authorities or the Courts Service to supply the information requested by the Deputy. I will contact the Deputy again when the information is to hand.
207. Deputy Michelle Mulherin asked the Minister for Justice and Equality the position regarding a dismiss under the Probation of Offenders Act 1907 and the significance that is attached to it under Garda Vetting procedures. [53679/12]
View answerSection 1 (1) of the Probation of Offenders Act 1907 allows a court of summary jurisdiction, in a case where the court thinks the charge is proved but it is inexpedient to inflict any punishment, to release the offender on probation without proceeding to a conviction and make an order dismissing the charge or discharging the offender conditionally.
Garda Vetting disclosures are made to registered organisations following the signed authorisation of a vetting subject permitting the Garda Central Vetting Unit to disclose to the registered organisation "details of all prosecutions, successful or not, pending or completed, and/or convictions which may be recorded in respect of them in the State or elsewhere"; or alternatively that there are "no prosecutions or convictions recorded in respect of them". To the extent that all prosecutions are disclosed under existing arrangements, a prosecution resulting in an order dismissing the charges under the Probation of Offenders Act 1907 would be disclosed.
However, this will no longer be the case following the enactment and commencement of the National Vetting Bureau (Children and Vulnerable Persons) Bill 2012. Under that Bill, "criminal records" which will be subject to automatic disclosure are defined (in section 2) as
"(a) a record of the person's convictions, whether within or outside the State, for any criminal offences, together with any ancillary or consequential orders made pursuant to the convictions concerned, or
(b) a record of any prosecutions pending against the person, whether within or outside the State, for any criminal offence,
or both;".
As automatic disclosures will be limited to convictions or pending prosecutions, an order dismissing the charge under the Probation of Offenders Act 1907, will not be automatically disclosed on foot of an application for a vetting disclosure following the commencement of the new vetting legislation. However, it may be information which could be disclosed under the category of 'specified information'. Under the Bill, this is information, other than criminal records, which concerns a finding or allegation of harm to another person which is of such a nature as to reasonably give rise to a bona fide concern that the person may harm a child or vulnerable person. However, the disclosure of such information is subject to the prior notice of the vetting subject and requires a pre-disclosure assessment as to the relevance of the information concerned to the type of work or activity to which the application for vetting relates. There is also provision for the vetting subject to appeal a decision to disclose such information.
It is expected that the National Vetting Bureau (Children and Vulnerable Persons) Bill which is currently being considered by Seanad Éireann, having passed all stages in Dáil Éireann, will be enacted by Christmas with commencement scheduled for March 2013.
208. Deputy Michelle Mulherin asked the Minister for Justice and Equality when he will provide for the commencement of Section 18 the Fines Act 2000 thus providing for community service being imposed on a convicted person as opposed to a fine to address the current situation whereby community service orders are currently made in lieu of a prison sentence only; and if he will make a statement on the matter. [53680/12]
View answer209. Deputy Michelle Mulherin asked the Minister for Justice and Equality when he will provide for the commencement of Section 19 of the Fines Act 2000; and if he will make a statement on the matter. [53681/12]
View answerI propose to take Questions Nos. 208 and 209 together.
As the Deputy will be aware, the Government recently approved the drafting of the Fines (Amendment) Bill 2012, the Scheme of which is available on my Department's website (www.justice.ie). The Scheme provides, inter alia, for the introduction of attachment of earnings orders to collect unpaid fines. It also recasts a number of the key provisions in the 2010 Act in relation to instalments, recovery orders and community service orders, which will necessitate amendments to sections 15, 16 and 18 of the Act, as well as consequential changes to section 19. In the circumstances, it is not my intention to commence the remaining sections of the Act until after the necessary amendments have been made. I hope that it will be possible to enact the Fines (Amendment) Bill during 2013.
