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Wednesday, 30 Jan 2013

Written Answers Nos. 150-153

Citizenship Applications

Questions (150)

James Bannon

Question:

150. Deputy James Bannon asked the Minister for Justice and Equality the position regarding naturalisation in respect of a person (details supplied) in County Longford who has lived here for the past 12 years; and if he will make a statement on the matter. [4629/13]

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Written answers

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 October, 2010. The application is at an advanced stage of processing and the applicant will be informed of my 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.

Work Permit Applications

Questions (151)

John Paul Phelan

Question:

151. Deputy John Paul Phelan asked the Minister for Justice and Equality his plans to alter the existing time limits on the designation of de facto relationships for the purposes of granting working visas for non-EEA citizens, whereby the current two year threshold applies a high burden on those couples wishing to reside and work here; and if he will make a statement on the matter. [4641/13]

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Written answers

Before being granted immigration permission to enter the workforce, persons in a "de facto" relationship must be able to satisfy the immigration authorities that the partnership is genuine and durable and that the partners are residing, or intending to reside, as a family unit in the State. In the case of a "de facto" relationship between a non EEA national and an Irish/EEA national, this is demonstrated by producing, for example, evidence of the finances of both parties, tenancy agreements, utility bills and so on covering a two year period. This is a reasonable request of anyone intending to enter/remain and work in the State based on these circumstances and as such I have no plan to make any changes to the current system.

Proposed Legislation

Questions (152, 154)

Patrick O'Donovan

Question:

152. Deputy Patrick O'Donovan asked the Minister for Justice and Equality if he has made provision to recognise the role of the legal executive within the parameters of the Legal Services Bill; if he engaged with representatives of legal executives as part of the preparation of the Bill; and if he will make a statement on the matter. [4659/13]

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James Bannon

Question:

154. Deputy James Bannon asked the Minister for Justice and Equality if he will provide an update on the position and rights of legal executives, particularly in respect of the Legal Services Bill; and if he will make a statement on the matter. [4670/13]

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Written answers

I propose to take Questions Nos. 152 and 154 together.

The Legal Services Regulation Bill 2011 has completed Second Stage in the Dáil and is awaiting Committee Stage. The Bill does not make any provision in relation to the role or status of "legal executives" nor is any such provision envisaged. It is clear from the correspondence I have received from the Irish Institute of Legal Executives Ltd that the scope of their proposals to confer legal status and a whole range of functions on such a category of persons is extensive and goes beyond those measures to be introduced under the Legal Services Regulation Bill.

It is evident that the proposals being made by the Irish Institute of Legal Executives Ltd, on behalf of its members, are far-reaching from the fact that they relate inter alia to "a right of audience in the District and Circuit Courts, before tribunals and, subject to review, subsequently in all courts", and to the eligibility of members for quasi-judicial and judicial appointments (e.g as District Court judges or members of Tribunals). These proposals also draw heavily from the regulatory and practise models of England and Wales which do not always correspond to those of our jurisdiction nor to those set out under current Government policy in the Legal Services Regulation Bill 2011.

While recognising that there may be additional benefits and efficiencies to be found for consumers and for the legal services sector in a more developed role for "legal executives", the far-reaching proposals being made on their behalf at this time lie beyond the scope of the Legal Services Regulation Bill impinging, as they do, on aspects of the courts and the judiciary. Such matters will, therefore, need to be considered separately on their own merits, while others may come to be considered in due course by the new Legal Services Regulatory Authority.

Visa Applications

Questions (153)

Tom Fleming

Question:

153. Deputy Tom Fleming asked the Minister for Justice and Equality if he will examine a spousal visa application in respect of a person (details supplied); and if he will make a statement on the matter. [4667/13]

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Written answers

I wish to inform the Deputy that a decision has issued in respect of the visa application referred to and the applicant has been advised of same. Queries in relation to the status of individual immigration cases may be directed 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.

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