Written Answers Nos. 148 to 157
148. Deputy Clare Daly asked the Minister for Justice and Equality the reason he has not requested the Garda Ombudsman to conduct an inquiry, under the direction of a judge, as provided in the 2005 Garda Síochána Act, into allegations of the writing off of tens of thousands of fixed charge penalty notices. [2104/13]
View answerThe only circumstances in which I may, under the Garda Síochána Act 2005, request the Garda Ombudsman Commission to investigate a matter is where it appears to me that a member of the Garda Síochána may have committed an offence or behaved in a manner that would justify disciplinary proceedings.
As I have informed the Deputy previously, documentation containing allegations concerning the enforcement of traffic legislation were forwarded by my Department to the Garda Commissioner. The Garda Commissioner appointed an Assistant Commissioner to conduct an examination and to report on the allegations. I have received an interim report from the Commissioner but I will not be making any comment on any of the allegations until the final report is available.
I will say again that these allegations are being taken seriously and are being thoroughly investigated. It would be premature and wrong to assume that all of these cancellations of fixed charge notices were inappropriate. I would, again, caution against any rush to judgement before all of the facts are known. As the Garda Commissioner has said, this would be unfair both to members of the Garda Síochána and the motorists concerned.
149. Deputy Gerry Adams asked the Minister for Justice and Equality if section 7(c) of the Criminal Justice Act 2011 has been commenced. [2149/13]
View answerSection 7(c) of the Criminal Justice Act 2011 amends section 4(6) of the Criminal Justice Act 1984 which concerns the circumstances in which a person detained under section 4 may be questioned between midnight and 8 a.m.
The commencement of section 7(c) requires some amendments to the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 to ensure that those regulations are aligned with the amended statutory provisions. Work on those amending regulations is at an advanced stage and every effort is being made to bring them to completion as soon as possible. Once that work is complete I will make the necessary commencement order.
150. Deputy Michael Moynihan asked the Minister for Justice and Equality the position regarding the decision to downgrade a Garda station (details supplied). [2183/13]
View answerThe Deputy will be aware that the Commissioner's Policing Plan for 2013, which I laid before both Houses of the Oireachtas on 5th December 2012, sets out details of the closure of 100 Garda stations throughout the country, the future opening hours of other stations in Cork and Dublin and a number of District amalgamations. It is important to remember that while some Garda stations are listed for revised opening hours from 24 hour stations, they will remain as functioning Garda stations on a 24 hour basis. The full list of these details is available in the Policing Plan which is available in the Oireachtas Library.
The Commissioner has concluded that resources could be better deployed and more effectively used on the front-line if particular stations no longer had to be staffed and maintained or if the public opening hours of other stations could be reduced at off-peak times. In making that decision he has reiterated the commitment of An Garda Síochána to providing a professional and effective service to all communities, including those in rural areas. Specifically regarding Kanturk, while the station there will remain as a working Garda station, the District will be apportioned between the Mallow District in the Cork North Division and the Macroom District in the Cork West Division. The local Divisional Officers have been tasked with developing a comprehensive consultation strategy together with a tailored implementation plan that will meet the particular needs of their Divisions.
The intention is that at all times optimum use is made of Garda resources and the best possible Garda service is provided to the public. The revised structures will continue to support the community policing philosophy of An Garda Síochána through the clustering of services at policing hubs. This centralisation of services will facilitate the introduction of an enhanced grid patrolling system that will be operational and intelligence led. This patrol system will ensure that a high visibility and community oriented policing service continues to be delivered throughout the country.
151. Deputy Finian McGrath asked the Minister for Justice and Equality the advice he would give families whose children are being threatened and bullied in the Dardale, Dublin 17, area. [2190/13]
View answerI am informed by the Garda authorities that the area referred to is within the Coolock Garda Sub-district. Any complaint of alleged bullying is fully investigated by An Garda Síochána. A complaint can be made directly to any member of An Garda Síochána or at any Garda Station. Complaints of bullying can be made through parents or teachers of children or by children themselves and are dealt with in total confidence. If there are specific incidents which the Deputy is aware of they should be brought to the attention of the Garda authorities.
I am further informed that Garda personnel from the local Community Policing Unit deliver a Primary Schools Programme to all 5th classes in the Coolock Sub District. One of the topics addressed with pupils during this programme is bullying and cyber safety. The Garda website also provides advice for individuals experiencing online harassment and for the parents of children subject to cyber-bullying.
This advice complements advice available from, inter alia, the Office for Internet Safety in my Department, www.internetsafety.ie. The office coordinates the EU Safer Internet Programme in Ireland. Advice is also available from the following websites operated by the Department's partners in that Programme: PDST Technology in Education - www.webwise.ie, ISPCC - www.childline.ie and National Parents Council (Primary) www.npc.ie.
Complaints of alleged bullying are investigated by An Garda Síochána utilising all relevant legislation including in particular Section 10 of the Non-fatal Offences Against the Person Act 1997.
152. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the current status and possible eligibility for naturalisation through particular procedures to be followed in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [2219/13]
View answerThe person concerned arrived in the State in May 2005 together with his wife, a Czech national. He applied for residency in the State and this was granted on 22 August 2005 on the basis of his marriage to an EU citizen who was exercising her EU treaty rights in the State. In August 2007 permission to remain was granted for a period of five years. The person concerned then applied for permanent residency in the State in or around December 2010. This was refused by letter dated 15 June 2011. A review of the refusal was subsequently requested in August 2011. Following the review by letter dated 6 December 2011, the applicant’s application for permanent residency was refused. Judicial review proceedings challenging this decision were brought in March 2012. As the matter is currently before the courts it is sub judice and I do not propose to comment further.
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 March, 2011. The application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible.
As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
Queries regarding 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.
153. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the reason that Stamp 4 has not been updated in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [2220/13]
View answerI refer the Deputy to my reply to Parliamentary Question no. 510 of 23 October, 2012 which is set out:
"The permission to remain in the State of the person concerned expired on 8 September, 2012. As this person is now currently out of permission to remain in the State, he should attend the GNIB to register and to advise them of his misplaced GNIB card. "
Currently, the case file of the person concerned is being reviewed by the Irish Naturalisation and Immigration Service on foot of information received from the Garda National Immigration Bureau. I should add that I am informed that the person concerned has no recent employment history in the State over the past three years. Taking into account the circumstances outlined above, when a decision on the future status of the person concerned is made he will be written to directly informing him of the outcome.
Queries regarding 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.
154. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the update of Stamp 4 and eligibility for naturalisation in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [2221/13]
View answerThe person concerned has been granted leave to remain in the State for the period to 5 December 2015. This decision was conveyed in writing to the person concerned by letter dated 5 December 2012.
It will be open to the person concerned to apply to the Citizenship Section of my Department for a Certificate of Naturalisation when he is in a position to meet the lawful residency criteria applicable to the lodgement of such applications. Details on the criteria to be met by persons lodging such applications are available from my Department's website, www.justice.ie.
Queries regarding 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.
155. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency/leave to remain/eligibility for naturalisation in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [2222/13]
View answerThe person concerned is a failed asylum applicant. Arising from the refusal of his 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 7 April, 2009, that the then Minister proposed to make a Deportation Order in respect of him. He 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 the reasons why he should not have a Deportation Order made against him. In addition, he was notified of his 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 and, following consideration of this application, it was determined that he was not eligible for subsidiary protection. The person concerned was notified of this decision by letter dated 30 May, 2011.
The case file of the person concerned, including all representations submitted, will now be 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. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
The Deputy should note that as the person concerned has no current right of residency in the State, he would not be in a position to meet the lawful residency criteria applicable to persons applying to my Department for a Certificate of Naturalisation.
Regarding this person's General Practitioner (GP) having requested a move to alternative accommodation, the Reception and Integration Agency (RIA) has indicated that no such request has been sent to that agency. Furthermore, the RIA has indicated that the person concerned was accommodated at his current accommodation centre following a request for placement there on medical grounds. If, however, the person concerned wishes to transfer to alternative accommodation, he should write to the RIA, PO Box 11487, Dublin 2, providing relevant medical or other documentation in support of such a request and it will be given due consideration.
Queries regarding 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.
156. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review or revoke the deportation order in the case of a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [2223/13]
View answerThe person concerned is the subject of a Deportation Order signed on 20 April 2010, following a comprehensive and thorough examination of his asylum claim and his application for subsidiary protection and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). The effect of the Deportation Order is that the person concerned must leave the state and remain thereafter outside the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.
However, if new information or circumstances have come to light, which have a direct bearing on his case and which have arisen since the original Deportation Order was made, there remains the option of applying to me for revocation of the Deportation Order 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.
Queries regarding 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.
157. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in respect of residency status/family reunification in respect of two children in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2224/13]
View answerBased on the information provided by the Deputy, the Visa Office of my Department cannot definitively identify the applications to which the Deputy refers. If he can supply further information, eg. the visa application numbers, via the Oireachtas Mail facility, I will arrange for an early reply.
I should remind the Deputy that queries regarding 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.
