Written Answers Nos. 268-285
268. Deputy Nicky McFadden asked the Minister for Justice and Equality if a revised national Traveller Roma integration strategy will be developed with the active participation of Travellers, Roma, wider civil society and regional and local authorities to address the gaps in the previously submitted strategy identified by the European Commission; and if he will make a statement on the matter. [7809/13]
View answerI would like to state at the outset that Ireland's National Traveller/Roma Integration Strategy is envisaged to be a living document and as time goes on there is nothing to prevent the development and inclusion of new actions in any of the sectors; therefore the necessity for a revised strategy as suggested by the Deputy does not arise as such at this point.
The Commission’s assessment of the national strategies focused on evaluating the Member States’ approach to the four key areas of education, employment, healthcare and housing, and on how structural requirements (cooperation with civil society, with regional and local authorities, monitoring, antidiscrimination and establishment of a national contact point) as well as funding are addressed as relevant for their Roma population. In each section of their report, a summary table indicates the Member States that have in place specific measures required by the EU Framework. Ireland was identified in the Commission's report as a Member State with a number of such policies in place.
In fact, contrary to drawing attention to specific gaps in Ireland's strategy, I was pleased to note that the Commission praised measures taken by Ireland in relation to Healthcare for Travellers.
Based on the assessment of all Member States, a set of policy recommendations in each section points to priorities that all Member States should further address, depending on their national circumstances, in order to meet their responsibilities. As I have already stated, the Strategy is a living document and it is envisaged that further actions will be developed for Ireland when and where it is deemed necessary.
The Strategy was developed following a communication from the EU Commission entitled “An EU Framework for National Roma Integration Strategies" (April 2011) which requested that member states would, in proportion to the size of the Roma population living in their territories and taking into account their different starting points, adopt or develop further a comprehensive approach to Roma integration.
As a first step towards a national strategy, all of the initiatives that exist already across Government were brought together so as to include them in a national strategy document. This document thus includes relevant strategies that already exist in the four crucial areas of education, employment, healthcare and housing. It also mentions initiatives in place in the same areas to assist the Roma community who are citizens of the European Economic Area and are legally resident in the country. It should be noted that Traveller representatives are active participants in National Committees dealing with policy in all four areas and, in this way, were involved in the development of these policies.
In relation to Roma specifically, from Ireland's perspective it is important to note that the term “Roma”, as defined by the Council of Europe, refers to Roma, Sinti, Kale and related groups in Europe, including Travellers and Eastern groups (Dom and Lom), and covers the wide diversity of the groups concerned, including persons who identify themselves as “Gypsies”. By this definition, the vast majority of Travellers/Roma in the Irish State are indigenous Irish Travellers. There are no official statistics on the number of Roma in Ireland. A figure of 3,000 (approximately 0.07% of the population) has been cited by the Roma Support Group Pavee Point. However, the vast majority of Roma in this State are EU citizens and, as such, in terms of immigration controls, are covered by the provision of the European Communities (Free movement of Persons) (No. 2) Regulations 2006. Such persons are not required to register their presence in the State.
The Deputy should be aware that my Department's role in the Strategy is one of coordination while the development of particular policy is a matter for my Government colleagues in the relevant Government Departments. In the Commission's report Ireland was identified as having a strong monitoring and review mechanism for adapting the strategy. Traveller representatives are active participants on National Committees in the various Government Departments dealing with the policy areas mentioned and, it is in this way, that they will be involved in the further development of relevant policies in relation to the strategy.
269. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality the measures that are taken by the Reception and Integration Agency to ensure that staff in accommodation centres for asylum seekers are Garda vetted and trained to work with children and vulnerable adults in view of the fact that this is not included on the standard form employed by the contracted inspectors (details supplied). [7814/13]
View answerThis question concerns two issues. Firstly, it concerns the welfare and protection of children and vulnerable adults living in direct provision asylum seeker accommodation centres under contract to the Reception and Integration Agency (RIA) of my Department. Secondly, it concerns the remit of the independent inspections by a Galway based firm, QTS Limited contracted by RIA to carry out inspections in the 35 such centres currently contracted to it throughout the State.
On the latter issue, inspections are carried out not just by QTS Ltd. but also, separately, by RIA staff. These inspections are always unannounced and the inspectors look at all aspects of the accommodation centres in relation to the proprietors' obligations under the contract. The inspections cover such areas as reception, staff cover, menus, food safety and hygiene, facilities being provided, maintenance of the property and fire and safety issues. As explained below, these inspections do not check whether staff have been Garda vetted or have been trained in relation to the welfare and protection of children and vulnerable adults. These matters are indeed of critical importance to RIA but they fall to be dealt with outside that inspection process.
RIA takes the issue of Garda vetting and child protection very seriously. There is a specific unit in RIA called the Child and Family Services Unit, which is fully staffed and whose role is to manage, deliver, coordinate, monitor and plan all matters relating to child and family services for all asylum seekers residing in the direct provision system. It also acts as a conduit between RIA and the HSE, the latter having statutory functions in this area. The Unit is headed up by an official seconded from the HSE who has clinical expertise in the area of child welfare and protection.
Since 2009 Garda Vetting is carried out on all staff of centres under contract to RIA. The procedure to effect this vetting, and why it is not possible to have QTS Ltd. check this on its inspection process, is explained below.
All asylum accommodation centres are operated by private companies under contract to RIA. The responsibility for the employment of staff lies with the private contractor concerned; that is to say, no staff in centres are employed directly by RIA. The second point is that a distinction needs to be drawn between "vetting" and "clearing". "Vetting" is the process by which the Garda Síochána conducts an examination of an individual's record in relation to court convictions and pending prosecutions and, with the person's permission, conveys this information to an authorised person. "Clearing" is the process by which an employer and/or a responsible authority makes a decision, based on the result of the Garda vetting process, as to whether to employ, or continue to employ (possibly with restrictions), the individual concerned.
It was agreed with the Garda Central Vetting Unit (GCVU) based in Thurles, Co. Tipperary that RIA alone would act as the central conduit for all communications between GCVU and RIA accommodation centres. All RIA contractors and their designated contact person in relation to Garda vetting have been vetted and cleared by RIA itself. In respect of all other staff in centres, although the vetting process is conducted through RIA, the 'clearing' of employees is a matter for the contractors who, after all, are the employers. It should be noted that, aside from those relating to contractors and designated persons, RIA does not retain any records on centre employees in relation to Garda Vetting. The sole records kept on RIA's confidential database relate to the employee's name, when the relevant vetting forms were received in RIA, sent to GCVU, returned by GCVU and submitted to the relevant designated contact person. As this is an ongoing process, contractors have the responsibility of informing RIA of new members of their staff, who need to undergo the Garda Vetting Process. Because RIA itself acts as the conduit for Garda vetting of staff in centres, the issue of having the matter dealt with in the inspection process does not arise.
In relation to training of staff in centres, the HSE has provided 'Keeping Safe' child protection training to each centre's designated officers and other staff members. RIA's Child Protection Policy is based on the HSE's “Children First - National Guidelines for the protection and welfare of children”.
270. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the overall budget for the Reception and Integration Agency, including a breakdown of the cost of inspections, transfers and staffing; if the weekly allowance received by asylum seekers is part of this budget, and if not, from which budget does it come; and if he will make a statement on the matter. [7817/13]
View answerRIA is a functional unit of the Irish Naturalisation and Immigration Service (INIS) of my Department, responsible for the accommodation of persons while their applications for international protection are being processed. Currently there are 4,836 persons accommodated throughout the State in 35 centres under contract to RIA.
Expenditure on the direct provision accommodation services in 2012 was €62.3m. A breakdown of this expenditure will be included in RIA's 2012 Annual Report which will be published later this year. This breakdown will be along the lines of the expenditure breakdown shown in the RIA Annual Reports from 2007 to 2011 inclusive, which are available on its website - www.ria.gov.ie.
In terms of Department of Justice and Equality staff, the total pay element for 2012 was €1,527,822, including pension contributions. The total operating costs for the administration of RIA in 2012, including pay above, was just over €1.7m.
The movement of residents through the dispersal and transfer system, as well as inspections, are an integral part of the functions of RIA staff and it is not possible to differentiate staffing costs between these separate functions. It should be noted that inspections are carried out not just by RIA staff, but also by an independent assessment company, QTS Ltd. Payments to QTS in 2012, amounted to €21,678.25. The Deputy should note that I have answered another Dáil Question (8005/13) today on the subject of QTS Ltd.
The weekly direct provision allowance to asylum seekers is administered by the Community Welfare Service of the Department of Social Protection. It is paid from the DSP Vote, not from any Vote under my aegis.
271. Deputy Michael McCarthy asked the Minister for Justice and Equality if he will provide an update on the establishment of the personal insolvency service that is currently in the process of being established; when persons may begin submitting applications to the service; if there is any other information available at this time; and if he will make a statement on the matter. [7818/13]
View answerThe full operation of the provisions of the Personal Insolvency Act 2012 is expected in the early part of 2013.
The Insolvency Service of Ireland aims to open its office, launch its website and commence an information campaign with the issuing of publications and relevant guidelines during March 2013.
The regulatory and IT frameworks required for the Service to accept and process applications for the three new debt arrangements should be in place during Quarter 2 of 2013.
272. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will confirm that there were earlier versions of the 2009 Coffey report that was prepared by Mr. Paul Coffey SC into the Stardust disaster of 1981; the reason the earlier report was not published; if that earlier report made different inferences or findings to the published report which was placed before Dáil Éireann; and if he will make a statement on the matter. [7867/13]
View answer273. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if his attention has been drawn to whether any key evidence in the 1982 Keane tribunal report was subsequently withdrawn in the years leading to the 2009 Coffey report or the Stardust disaster of February 1981; and if he will make a statement on the matter. [7868/13]
View answerI propose to take Questions Nos. 272 and 273 together.
I would like to begin, this being the anniversary of the Stardust fire tragedy, by expressing my continuing sympathy for all those affected by the fire, for whom this time of year must be especially difficult.
As the Deputy will recall, the Coffey Report acknowledged the original Tribunal's findings that there is no evidence that the fire was started deliberately and that its cause is unknown. I am not clear as to what the Deputy is referring to in terms of key evidence being withdrawn but am not aware of any recent developments with respect to evidence relevant to the cause of the fire, or to Mr. Coffey's conclusions.
Mr. Coffey submitted his report, which was dated 8 December 2008, to the Government on 10 December 2008 on the basis that he would be in a position to make minor amendments, corrections and clarifications prior to its publication. As was noted in the Dáil debate on the motions relating to the Report on 3 February 2009, Mr. Coffey made a number of amendments to the report and submitted his final report on 7 January. These amendments were made by Mr. Coffey to ensure the report's clarity and accuracy but did not result in materially different findings or recommendations. As is normal practice, the final report only was published on 23 January 2009.
274. Deputy Michael Healy-Rae asked the Minister for Justice and Equality when section 9 of the Intoxicating Liquor Act 2008 will commence. [7875/13]
View answerThe position is that the Report of the Steering Group on a National Substance Misuse Strategy which was published last year contains a broad range of recommendations which seek to address the negative consequences of alcohol misuse and alcohol-related harm in this country. The Department of Health is currently developing an Action Plan for submission to the Government in response to the Report's recommendations. Future arrangements for the display and sale of alcohol in mixed trading outlets such as supermarkets and convenience stores will be considered by the Government in the context of that Action Plan.
275. Deputy Peadar Tóibín asked the Minister for Justice and Equality if he will detail the number of Garda stations closed by region since 2007; and the number under active consideration for closure by region. [7892/13]
View answerDetails of any station closures since 2007 are available in the Policing Plans for 2012 and 2013. These plans were lodged in the Oireachtas Library and are also available on the Garda Síochána web site www.garda.ie.
276. Deputy Peadar Tóibín asked the Minister for Justice and Equality the crime figures in tabular form and by category for County Meath for each of the years 2009, 2010, 2011 and 2012; the number of gardaí and grade for the same period and presently; and if he will make a statement on the matter. [7933/13]
View answerThe 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.
The personnel strength, by rank, of the Meath Garda Division as at 31 December 2009 - 2012 and 31 January 2013 is as set out in the table below:
|
Rank |
2009 |
2010 |
2011 |
2012 |
2013 |
|
Chief Superintendent |
1 |
1 |
1 |
1 |
1 |
|
Superintendent |
4 |
5 |
5 |
3 |
3 |
|
Inspector |
5 |
5 |
5 |
4 |
4 |
|
Sergeant |
44 |
48 |
44 |
43 |
43 |
|
Garda |
261 |
254 |
247 |
245 |
244 |
|
TOTAL |
315 |
313 |
302 |
296 |
295 |
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.
277. Deputy Eoghan Murphy asked the Minister for Justice and Equality if, following recent criticism by the High Court of practices in the Refugee Appeals Tribunal in S.R. (Pakistan) v. Minister for Justice and the Refugee Appeals Tribunal, 29 January 2013, if he intends to make amendments to the proposed protection review tribunal to address these criticisms in the forthcoming Immigration, Residence and Protection Bill. [7950/13]
View answerThe case referred to by the Deputy concerned a pre-leave judicial review hearing involving a national of Pakistan who sought to have the decision of the Refugee Appeals Tribunal in his appeal quashed. In its judgment, the High Court was critical of the Tribunal's decision in the applicant's appeal citing, inter alia, errors of law and fact. In light of the High Court's judgment the Chairman has informed me that the case has been settled and that the applicant's appeal will be rescheduled to be heard by a different Member of the Tribunal. As the Deputy may be aware, the Refugee Appeals Tribunal is independent in the performance of its functions and the Chairman alone is responsible for the assignment of cases to individual Tribunal members. The Tribunal is currently comprised of thirteen individual Members each of whom represents a division of the Tribunal.
Work on the details of the Immigration, Residence and Protection Bill 2010 is ongoing at my Department pursuant to current Government policy which is committed, under the Programme for Government, to "introduce comprehensive reforms of the immigration, residency and asylum systems, which will include a statutory appeals system and set out rights and obligations in a transparent way". The Bill provides, in Part 7, for a Protection Review Tribunal and, in that context, already contains a number of provisions to address issues of the type which arose in the case of concern to the Deputy. Among the functions proposed for the Chairperson of the Protection Review Tribunal under Section 102 of the Bill, for example, is the possibility for him or her to request a member of the Tribunal to review a draft decision in circumstances where the Chairperson considers that the decision is likely to contain an error of law or fact. A member so requested must review the decision and make any amendments considered necessary. In addition, provision is made for the Chairperson to refer any final decision of a member for the direction of the High Court where he or she considers that the decision contains an error of law. These are among the many aspects of the Bill that are under ongoing consideration at my Department, including in cooperation with the Offices of Parliamentary Counsel and of the Attorney General. This process will take into account any relevant findings by the Courts, such as those raised by the Deputy.
As I have outlined previously to the Joint Committee on Justice, Equality and Defence, several hundred amendments to the Immigration, Residence and Protection Bill are anticipated, the majority of a technical nature. On that occasion, I also expressed the considered view that instead of engaging in an extremely cumbersome process of tabling hundreds of amendments to the 2010 Bill it would be much more efficient to publish a new and enhanced text. Such an approach can incorporate the many anticipated amendments while addressing key outstanding issues, several of which have been of concern to Members. This proposition was broadly welcomed by the Joint Committee. It remains my objective under this new approach, and mindful of our having to deal with the competing legislative demands of our EU/IMF/ECB Programme commitments, to be in a position to bring a revised Bill to Government for approval and publication later this year.
278. Deputy Michael Conaghan asked the Minister for Justice and Equality if the proposed Legal Services Regulation Bill will include provisions regarding the position of legal executives and their rights; and if he will make a statement on the matter. [7989/13]
View answerThe situation in relation to this matter remains as set out in my Written Reply to Questions No. 152 and 154 of 30 January 2013 which I will, therefore, reiterate on this occasion.
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
279. Deputy Derek Nolan asked the Minister for Justice and Equality the basis on which the contract for inspecting direct provision accommodation centres was awarded to a company (details supplied); the duration of this contract; if the contract was subject to the EU public procurement regulations; if so, if it was publically advertised per the directive; and if he will make a statement on the matter. [8005/13]
View answerThis question concerns a Galway based firm, QTS Limited, which is contracted by the Reception & Integration Agency (RIA) to carry out inspections of asylum accommodation centres.
RIA is a functional unit of the Irish Naturalisation and Immigration Service (INIS) of my Department responsible for the accommodation of persons while their applications for international protection are being processed. Currently there are 4,836 persons accommodated throughout the State in 35 centres under contract to RIA.
QTS Ltd. was contracted by RIA following an open competition under the relevant EU Procurement Directive 2004/18/EC dated 31 March, 2004. The tender was published on the Government's procurement website - www.etenders.gov.ie - on 9 September, 2010.
The contract was awarded to the company following an assessment that its tender was the most economically advantageous. Under the terms of the tender document, the contract was awarded on 10 November, 2010 for a 12 month period with the option to extend the contract for a further 24 months. The contract extension was put in place on 11 November, 2011 and will expire on 10 November, 2013. I am informed that RIA has already started drafting a new tender and the target date for its publication on www.etenders.gov.ie is September, 2013.
By way of background, RIA monitors its contract delivery through a series of tools, one of which is an inspection process. The purpose of inspections is to obtain a 'snap-shot' of the physical condition of the building on the day the inspection is carried out and to identify maintenance issues before they become problems. Inspections are carried out not just by QTS Ltd. but also, separately, by RIA staff. These inspections are always unannounced and the inspectors look at all aspects of the accommodation centres in relation to the proprietors' obligations under the contract. The inspections cover such areas as reception, staff cover, menus, facilities being provided, maintenance of the property and fire and safety issues.
280. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will outline the existing residency status and eligibility for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [8022/13]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy is the subject of a Deportation Order so therefore has no residency status in the State nor does the issue of naturalisation arise. The Deportation Order was signed on 10 September 2009, following a comprehensive and thorough examination of his asylum claim, and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). His application was also examined under Subsidiary Protection and this was found not to be an issue.
The person concerned has been evading his deportation since 6 October 2009 and should he come to the notice of the Garda authorities, he would be liable to arrest and detention. He should, therefore, present himself to the Garda National Immigration Bureau without any further delay.
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.
281. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 259 of 8 November 2012, the position regarding the determination of an application for naturalisation in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [8024/13]
View answerI 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, 2012.
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.
282. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [8025/13]
View answerI 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.
283. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [8026/13]
View answerI can inform the Deputy that the application has entered the final stage of processing and I intend to grant citizenship. A letter has issued to the person referred to by the Deputy asking him to submit the prescribed fee and other documents so he can attend the next citizenship ceremony at which he will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive his certificate of naturalisation.
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.
284. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which gaps in continuous residency are likely to affect the validity of an application for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [8027/13]
View answerI am advised by the Citizenship Division of 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 July, 2009.
As the person referred to by the Deputy did not confirm on her application form that she intended to reside in the State after naturalisation, one of the statutory conditions for naturalisation, her application was deemed to be ineligible. The person concerned was informed of this in a letter dated 27 July 2009.
Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must:
- be of full age
- be of good character
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years
- intend in good faith to continue to reside in the State after naturalisation
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year.
Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. The on-line Naturalisation Residency Calculator available on the INIS web-site at www.inis.gov.ie can be used as a guide to whether an individual satisfies the naturalisation residency conditions and, if not, give an indication of how long they should wait before making an application.
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.
285. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review and defer the proposal to deport in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [8028/13]
View answerThe person concerned had her case examined in accordance with 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. Refoulement was not found to be an issue here. In addition, no issue arises under Section 4 of the Criminal Justice (UN Convention against Torture) Act, 2000. Consideration was also given to private and family rights under Article 8 of the European Convention on Human Rights (ECHR).
I am satisfied that the person concerned had her case fairly and comprehensively examined and, therefore, the decision to make a Deportation Order against her is justified. She is therefore illegally present in the State.
A Deportation Order was signed on 17 January 2013. 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.
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.
