Thursday, 6 Dec 2012

Written Answers Nos. 81 - 100

Court Accommodation Provision

Questions (81)

Michelle Mulherin

Question:

81. Deputy Michelle Mulherin asked the Minister for Justice and Equality the extent to which the Courts Service, as it embarks upon a detailed evaluation of the court venues at Achill, Ballyhaunis, Swinford and Westport, County Mayo, with a view to possible closures, has investigated the availability or otherwise of public transport to local persons in these rural areas which would impede on their ability to attend at a court venue outside their own locality; and if he will make a statement on the matter. [54887/12]

Written answers

Minister for Justice and Equality

As I have previously informed the Deputy, under the provisions of the Courts Service Act 1998 management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of accommodation for court sittings. However, in order to be of further assistance to the Deputy, I have had enquiries made and have been informed that the Courts Service in undertaking the detailed assessment of all Mayo venues will take into account a whole range of criteria such as caseload, physical condition of the building and availability of cells. The Service has confirmed that one of the criteria which will be fully considered during the assessment phase will be proximity to an alternative venue which will include an assessment of the impact of the availability or otherwise of public transport to the alternative venue.

The Courts Service has again assured me that no decision in relation to the future of any County Mayo courthouse will be taken without prior consultation with local interested parties and court users. This consultation has already begun and the views received including expressed views on the availability or otherwise of public transport will be taken into account in the decision making process which will be a matter for the Courts Service Board.

Garda Síochána Ombudsman Commission

Questions (82)

Thomas P. Broughan

Question:

82. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on Garda Operation Advisor; the number of persons arrested and charged to date in 2012; the number of successful convictions obtained to date in 2012. [54947/12]

Written answers

Minister for Justice and Equality

I am informed by the Garda authorities that An Garda Síochána is unaware of an operation titled Operation Advisor and the nature of it. The Deputy will appreciate that without further specific information, I cannot comment further at this time.

Garda Stations Closures

Questions (83)

Seán Ó Fearghaíl

Question:

83. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality if he will engage with the Garda Commissioner with a view to ensuring that Garda stations at Balitore, Ballmore Eustace, Castledermot, Robertstown and Carbury, County Kildare, are not closed; if he accepts that the rumoured closure of these stations has caused distress in the local communities; if he will further accept that his failure to provide an adequate fleet of Garda patrol cars gives rise to greater vulnerability of persons resident in small towns and rural villages; and if he will make a statement on the matter. [54972/12]

Written answers

Minister for Justice and Equality

The Policing Plan for 2013, which I laid before the House yesterday, outlines the Commissioner's proposal for the consolidation of the Garda station and District network. As part of this process in 2013, 100 Garda Stations will be closed in both rural and urban areas and includes the stations in Ballytore and Ballymore Eustace. The Policing Plan also sets out the changes in station opening hours and the amalgamation of 28 Garda Districts to 14 enlarged Garda Districts. These changes will enable An Garda Síochána to make best use of resources to deliver the optimum policing service to all communities.

I must stress that the principal aim of this process is to allow the more efficient deployment of personnel and the more effective delivery of policing services to the public across the country, including in the areas referred to by the Deputy. It is also the case that, even after the proposed closures, we will still have a very high number of police stations by comparable international standards. The Deputy will 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 will be commissioned in the coming weeks. In addition, a further provision of €5m will be made available for the purchase and fit-out of Garda vehicles in 2013. I am confident that this package of funding will considerably strengthen the overall effectiveness of the Force in delivering a policing service to all communities throughout the country.

Deportation Orders

Questions (84)

Tom Fleming

Question:

84. Deputy Tom Fleming asked the Minister for Justice and Equality the position regarding a deportation order in respect of persons (details supplied) in County Kerry. [54977/12]

Written answers

Minister for Justice and Equality

Following a comprehensive and thorough examination of their asylum applications in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), and Section 5 of the Refugee Act 1996, (as amended) on the prohibition of refoulement the family were informed that the Minister proposed to make Deportation Orders in respect of them. Their respective applications were also examined under Subsidiary Protection and this was found not to be an issue. Deportation Orders were signed on 16 November, 2012. The effect of Deportation Orders is that the persons concerned must leave the state and remain thereafter outside the State. The enforcement of Deportation Orders is an operational matter for the Garda National Immigration Bureau.

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 (85)

Bernard Durkan

Question:

85. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position to date and determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [55043/12]

Written answers

Minister for Justice and Equality

I 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 October, 2010. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

While good progress continues to be made in reducing the large volume of cases on hands, the nature of the naturalisation process is such that for a broad range of reasons some cases will take longer than others to process. It is a statutory requirement that, inter alia, applicants for naturalisation be of good character. In some instances that can be established relatively quickly and in other cases completing the necessary checks can take a considerable period of time. I can, however, inform the Deputy that enormous progress has been made in dealing with the backlog and steps are being taken to process all outstanding applications as quickly as possible. The granting of Irish citizenship through naturalisation is a privilege and an honour 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.

Residency Permits

Questions (86)

Bernard Durkan

Question:

86. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding determination of eligibility for residency status or naturalisation in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [55044/12]

Written answers

Minister for Justice and Equality

The persons concerned have been granted leave to remain in the State for the three year period ending 15th October, 2015 following the consideration of their respective cases under Section 3 (6) of the Immigration Act 1999 (as amended). These decisions were conveyed in writing to the persons concerned by individual letters dated 15th October, 2012. The children of the persons concerned were included as part of their mother's decision letter.

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.

Residency Permits

Questions (87)

Bernard Durkan

Question:

87. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in the determination of residency status and issue of updated stamp 4 to facilitate employment requirements and to outline the entitlement to naturalisation in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [55045/12]

Written answers

Minister for Justice and Equality

I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No. 181 of Thursday, 4th October 2012 - copied beneath. The position is unchanged since then.

The person concerned has made an application for the renewal of his temporary permission to remain in the State. This application is under consideration at present and when a decision has been made, the person concerned will be notified in writing of the decision.

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 (88)

Bernard Durkan

Question:

88. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding determination of naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [55046/12]

Written answers

Minister for Justice and Equality

I 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 first person referred to, who was naturalised in June 2011, on behalf of his son, the second person referred to by the Deputy, in July 2012. The application is at an advanced stage of processing and will be submitted to me for decision 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.

Citizenship Applications

Questions (89)

Bernard Durkan

Question:

89. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the expected position regarding determination of eligibility of naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [55047/12]

Written answers

Minister for Justice and Equality

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 at an advanced stage of processing and will be submitted to me for decision in due course. 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.

Legal Aid Application Numbers

Questions (90)

Bernard Durkan

Question:

90. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the reason the legal aid file was closed in the separation proceedings in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [55048/12]

Written answers

Minister for Justice and Equality

I wish to inform the Deputy that I have no function or responsibility in relation to the matter raised. Under the terms of the Civil Legal Aid Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions and decisions on individual cases are a matter for the Board. Under Section 7(3) of the Act, I am precluded from exercising any power or control in relation to any particular case with which the Legal Aid Board is or may be concerned.

The Deputy might further wish to note that the solicitor/client relationship is protected by privilege in accordance with the terms of Section 32 of the Civil Legal Aid Act 1995 and therefore the Board does not provide information to third parties regarding a person who may or may not be a client of the Board. Finally, while I can advise the Deputy that a person who is refused legal aid has the right to appeal this decision to an Appeal Committee which is made up of non-executive members of the Board, again I have no role in this process.

Residency Permits

Questions (91)

Bernard Durkan

Question:

91. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in the matter of residency and determination of eligibility to naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [55050/12]

Written answers

Minister for Justice and Equality

The Irish Naturalisation and Immigration Service (INIS) informs me that the first named person was originally granted permission to remain in the State based on her marriage to an Irish national on 31 August 2009 for an initial period of 12 months renewable with her local registration office. The INIS informs me that her permission expired on 15/08/2012 and that no application for renewal of this permission has been received to date from the person concerned on the basis of her marriage to an Irish national. I am advised that the person concerned can make an application for renewal of her residency in writing on the basis of marriage to an Irish national to the Spouse of Irish National Unit, (INIS), 13-14 Burgh Quay, Dublin 2.

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.

INIS informs me that the first named purported daughter has been in the State without the permission of the Minister. Consequently, in accordance with Section 3 of the Immigration Act 1999, the person concerned was notified, by letter dated 26/11/2012, 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 she should not have a Deportation Order made against her. To date, no representations have been received. INIS informs me that based on the details supplied by the Deputy, there is no record of any application in respect of the first named purported son.

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.

Residency Permits

Questions (92)

Bernard Durkan

Question:

92. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in the matter of residency and determination of eligibility to naturalisation in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [55051/12]

Written answers

Minister for Justice and Equality

The person concerned is a failed asylum applicant. 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 26th March, 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 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.

The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned. The husband of the person concerned had his permission to remain in the State renewed in October, 2010 for a further three years, valid to 14th June, 2013. This position still obtains.

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 Personnel

Questions (93)

Thomas P. Broughan

Question:

93. Deputy Thomas P. Broughan asked the Minister for Defence the number of women at each rank above the rank of second lieutenant in the Defence Forces. [54945/12]

Written answers

Minister for Defence

As of 31 October 2012 there were 141 women serving above the rank of Second Lieutenant in the Defence Forces. Of these, 50 were Lieutenants, 57 were Captains, 32 were Commandants and 2 were Lieutenant Colonels. The Government is committed to a policy of equal opportunity for men and women throughout the Defence Forces and to the full participation by women in all aspects of Defence Forces activities. Unlike many other national armed forces, the Defence Forces have no restrictions as regards the assignment of men or women to the full range of operational and administrative duties. All promotions and career courses are open to both genders on merit.

Departmental Correspondence

Questions (94)

Willie O'Dea

Question:

94. Deputy Willie O'Dea asked the Minister for Defence if he will respond to the requests of a person (details supplied) in Dublin 7 [54954/12]

Written answers

Minister for Defence

Departmental records show that all correspondence received on behalf of the person to whom the Deputy refers has been responded to. If the Deputy is aware of specific correspondence that person feels requires a further response, and he brings this to my attention, I will ensure that it is dealt with as expeditiously as possible.

Milk Quota Applications

Questions (95)

Patrick O'Donovan

Question:

95. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the number of applications received by his Department for the 2013-14 milk quota trading scheme; the volumes that were applied for; when is it expected that a decision will be made on the awards; and if he will make a statement on the matter. [54831/12]

Written answers

Minister for Agriculture, Food and the Marine

The Milk Quota Trading Scheme, which is the primary means of acquiring additional milk quota, is run in two stages annually for each Co-op collection area. On 14th November last I announced the results of the first stage of the scheme in respect of the 2013/2014 milk quota year. In that stage a total of 116.5 million litres of quota was sought by 1,831 applicants and a total of 28.7 million litres of milk quota was offered for sale by 211 applicants. Some 23.5 million litres, or 82% of the volume offered for sale, was successfully traded and of this, 15.5 million litres was sold on the Exchange at prices ranging from 9 to 25 cent per litre, with the remaining 8 million litres sold through the Priority Pool at the maximum price of 5 cent per litre. I announced the second stage of the 2013/2014 Milk Quota Trading Scheme earlier this week. The closing date for receipt of applications for this stage is 11th January 2013 and I expect to announce the results by the end of February.

Rural Environment Protection Scheme Payments

Questions (96)

Brendan Griffin

Question:

96. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a rural environment protection scheme 4 payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [54842/12]

Written answers

Minister for Agriculture, Food and the Marine

The person named commenced REPS 4 in May 2008 and received payments for the first four years of their contract. REPS 4 is a measure under the current 2007-13 Rural Development Programme and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before any payments can issue. This process is nearing completion for 2012 REPS4 applications and I expect that payments will commence shortly.

Disadvantaged Areas Scheme Payments

Questions (97)

Brendan Griffin

Question:

97. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a disadvantaged area scheme payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [54846/12]

Written answers

Minister for Agriculture, Food and the Marine

Payment under the 2012 Disadvantaged Areas Scheme has not yet issued as, at this stage, the holding concerned has not yet satisfied the Scheme minimum stocking density requirements for 2012. Immediately the holding concerned is confirmed as having met these requirements, the case will be further processed with a view to payment at the earliest possible date thereafter.

Single Payment Scheme Payments

Questions (98)

Noel Harrington

Question:

98. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine the position regarding single area payment for 2010, 2011 and 2012 in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [54852/12]

Written answers

Minister for Agriculture, Food and the Marine

Applications under the Single Payment Scheme were received from the person named in each of the years 2010, 2011 and 2012. Payments were made in full for each of the years specified to the nominated bank account.

Disadvantaged Areas Scheme Payments

Questions (99)

Éamon Ó Cuív

Question:

99. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Galway will be paid a 2012 disadvantaged area payment; and if he will make a statement on the matter. [54874/12]

Written answers

Minister for Agriculture, Food and the Marine

As processing of the 2012 Disadvantaged Areas Scheme application has recently been finalised, payment will shortly issue to the nominated bank account.

Disadvantaged Areas Scheme Payments

Questions (100)

Éamon Ó Cuív

Question:

100. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Galway will be paid a 2012 disadvantaged area payment; and if he will make a statement on the matter. [54875/12]

Written answers

Minister for Agriculture, Food and the Marine

Payment under the 2012 Disadvantaged Areas Scheme has not yet issued as, at this stage, the holding concerned has not yet satisfied the Scheme minimum stocking density requirements for 2012. Immediately the holding concerned is confirmed as having met these requirements, the case will be further processed with a view to payment at the earliest possible date thereafter.