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Wednesday, 13 Mar 2013

Written Answers Nos. 155-162

Care of the Elderly

Questions (155)

Charles Flanagan

Question:

155. Deputy Charles Flanagan asked the Minister for the Environment, Community and Local Government in relation to the community support for the elderly grant aid package, if consideration will be given towards encouraging persons to install carbon monoxide detectors; if such detectors could be included in the seniors alert scheme; and if he will make a statement on the matter. [13431/13]

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Written answers

The Seniors Alert Scheme provides grant assistance towards the purchase and installation of equipment to enable older persons, without sufficient means, to continue to live securely in their homes with confidence, independence and peace of mind. The Scheme provides for Monitored Personal Alarms for persons over 65 years of age living on their own or with other qualifying persons. In the current economic climate, my Department’s priority is to continue to provide for the maximum number of personal monitored alarms to as many older persons as possible in 2013. I have no plans at present to extend the measure to carbon monoxide monitors.

Garda Investigations

Questions (156)

Joan Collins

Question:

156. Deputy Joan Collins asked the Minister for Justice and Equality if he will provide information on a person (details supplied). [13181/13]

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Written answers

I have requested a report from the Garda authorities on the matters raised by the Deputy. I will contact the Deputy directly when the report is to hand.

Garda Resources

Questions (157)

Catherine Murphy

Question:

157. Deputy Catherine Murphy asked the Minister for Justice and Equality if he will provide figures detailing the budget for each Garda division superintendent in the State in each of the past four years plus the allocation for 2013; if he will provide a consolidated figure in respect of same for each Garda region over the same period; and if he will make a statement on the matter. [13206/13]

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Written answers

I have sought the relevant information from the Garda authorities and I will communicate further with the Deputy in relation to the matters he has raised.

Citizenship Applications

Questions (158)

Barry Cowen

Question:

158. Deputy Barry Cowen asked the Minister for Justice and Equality when a decision will issue on an application for naturalisation in respect of a person (details supplied) in County Offaly. [13276/13]

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Written answers

Officials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question. 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. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.

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. 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.

Garda Investigations

Questions (159)

Micheál Martin

Question:

159. Deputy Micheál Martin asked the Minister for Justice and Equality if he will consider an independent inquiry into the death of Father Niall Molloy in Clara, County Offaly, in 1985; and if he will make a statement on the matter. [13287/13]

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Written answers

I am advised by the Garda authorities that the examination surrounding the circumstances of the death of Father Niall Molloy is almost complete and that a report of this examination will be submitted to the Commissioner in the coming weeks. Upon receipt of a report from the Commissioner I will review the situation. I understand that the officers carrying out the examination are continuing to keep the family members of the deceased updated on progress. While I fully appreciate the concerns of the family, in any case where criminal behaviour is suspected it is only through a Garda investigation, and where evidence of criminal wrongdoing is available through the submission of a file by the Gardaí to the Director of Public Prosecutions, that persons can be brought fully to account. Therefore, I hope that the Deputy will agree that, in the first instance, we need to allow the present Garda examination to proceed to its conclusion.

Removal Orders

Questions (160)

Pádraig MacLochlainn

Question:

160. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the circumstances under which a removal order may be made against an EU citizen; if he will provide a breakdown by nationality for each of the past three years of EU citizens against whom removal orders were made; the number against whom exclusion orders were made; the number of those who were serving custodial sentences in this jurisdiction when those orders were made; and if he will make a statement on the matter. [13293/13]

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Written answers

The European Communities (Free Movement of Persons) Regulation 2006 were transposed into Irish Law under S.I. No. 656 of 2006 and came into force on 1 January 2007. Applications in accordance with Regulation 20 of the SI for the issuance of Removal Orders in respect of EU citizens are made in writing to my Department by An Garda Síochána.

The following is a breakdown by nationality of Removal Orders made against EU citizens. In 2010, a total of 69 Removal Orders were made - Belgium 1, Estonia 6, Germany 1, Hungary 1, Latvia 6, Lithuania 13, Poland 10, Portugal 1, Romania 28, and Slovakia 2. In 2011 a total of 34 Removal Orders were made - Czech Republic 2, Holland 2, Greece 1, Latvia 3, Lithuania 11, Poland 8, Romania 5 and Slovakia 2. Last year a total of 82 Removal Orders were made - Czech Republic 3, Holland 1, Germany 2, Italy 1, Latvia 11, Lithuania 17, Poland 24, Portugal 1, Romania 18 and Spain 4.

A total of 9 persons serving custodial sentences had Removal Orders made against them in 2010 with 15 persons in 2011 and 43 persons in 2012. An individual who has a Removal Order made against them cannot re-enter or seek to re-enter the State during the valid period of that Order. However as an EU citizen they retain the right to move freely and reside within another EU member state for that period. For the sake of completeness I should also add that in late 2012 one person from the Czech Republic who was serving a custodial sentence and who was transferred to the Czech Republic under the Transfer of Sentenced Persons Act was also subject to an Exclusion Order. The person concerned is required to remain outside the State on a permanent basis.

Prison Visiting Committees Appointments

Questions (161)

Niall Collins

Question:

161. Deputy Niall Collins asked the Minister for Justice and Equality the names of members of each prison visiting committee; when each person was appointed; when his or her term expires; the number of vacant positions on each committee at present; the way he proposes to fill these vacancies; if he will advertise these publicly; and if he will make a statement on the matter. [13294/13]

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Written answers

Visiting Committee members are appointed for a period of three years by the Minister for Justice and Equality under the Prisons (siting Committees) Act 1925 and Prisons (siting Committees) Order 1925. There are fourteen Prison siting Committees in existence - one for each institution. Each siting Committee comprises no more than six members, and only suitable people with appropriate qualifications and a genuine interest in prison issues are appointed. There are currently 18 vacancies which I am in the process of filling. Details on membership for each Committee are set out in the following tables.

The Government has approved the drafting of a General Scheme of an Inspection of Places of Detention Bill, which will include provisions to make siting Committees more effective, while they continue their role of visiting prisons, meeting with prisoners, and liaising on their behalf with prison authorities. A link will be established between the siting Committees and the Inspector of Prisons. As part of these plans, it is intended to expand the role of the Inspector of Prisons. I believe this will greatly enhance the Inspector's independent oversight of the prison system. Subject to competing legislative priorities, it is expected that the General Scheme will be published early this year. When work on preparation of the General Scheme has been completed, I will be seeking Government approval for its publication to facilitate a consultation process in advance of drafting and publication of the Bill.

LIST OF CURRENT PRISON VISITING COMMITTEE VACANCIES

Prison / Place of Detention

Current membership

No. of appointments required for figure of six on each committee (Vacancies)

Arbour Hill

  5

  1

Castlerea

  3  

  3

Cloverhill

 2

  4

Cork

  4

  2

Dóchas

  5

  1

Limerick

  6      

  0

Loughan House

  6     

  0

Midlands

  6       

  0

Mountjoy

  4       

  2

Portlaoise

  4        

  2

Shelton Abbey

  4

  2

St. Patrick's

  5        

  1

Training Unit

  6        

  0

Wheatfield

  6        

  0

TOTAL

 66

18

LIST OF VISITING COMMITTEE MEMBERS (12 MARCH, 2013)

Prison

Member

Appointment date

Expiry date

Arbour Hill Prison

Rita Hayes

Abdullah Bulbulia

Wilhelmina Daly

Paddy Murray

Angela O'Connor

23.01.12

23.01.12

23.01.12

28.03.12

26.10.12

22.01.15

22.01.15

22.01.15

27.03.15

25.10.15

Castlerea Prison

Michael Nevin

Eddie Brady

Martin Daly

28.03.12

22.10.12

22.10.12

27.03.15

21.10.15

21.10.15

Cloverhill Prison

Margaret Downey

Fintan Hudson

12.03.13

12.03.13

11.03.16

11.03.16

Cork Prison

Donie O'Keeffe

Dermot O'Connell

Mary Loughnane

Tomas Ryan

08.07.10

23.01.12

23.01.12

22.10.12

07.07.13

22.01.15

22.01.15

21.10.15

Dóchas Centre

Noel Cloak 

Bernie Donnelly

Mary Elliott

Ruth Gallagher

Anne Delaney

23.01.12

23.01.12

23.01.12

22.10.12

26.10.12

22.01.15

22.01.15

22.01.15

21.10.15

25.10.15

Limerick Prison

Maria Gorman

Val Rooney  

Mary Prendergast 

John Higgins

Patricia McCarthy

James Houlihan

21.04.10

23.01.12

15.02.12

20.02.12

28.03.12

26.10.12

20.04.13

22.01.15

14.02.15

19.02.15

27.03.15

25.10.15

Loughan House Place of Detention

Francis McDermott

Gerry O'Connor

Kathleen Richey

Andrew Cullen

Patrick Boyle

Peter Cutliffe

08.06.10

24.06.10

23.01.12

23.01.12

23.01.12

03.12.12

07.06.13

23.06.13

22.01.15

22.01.15

22.01.15

02.12.15

Midlands Prison

John Cronin

Brigid Teefy

Colm Wiley

Paddy Boland

Nuala Halpin

Colette Fennelly

01.05.10

01.05.10

01.05.10

15.05.10

08.11.10

08.10.12

30.04.13

30.04.13

30.04.13

14.05.13

07.11.13

07.10.15

Mountjoy Prison

Liam Hogan

Stephen Langton

Joe Aherne

Tom Crean

09.01.11

10.01.11

23.01.12

03.12.12

08.01.14

09.01.14

22.01.15

02.12.15

Portlaoise Prison

Anne Turley

Eilis Croke

Brian O'Neil

Margaret Guijt-Lawlor

11.04.10

08.07.10

26.10.12

03.12.12

10.04.13

07.07.13

25.10.15

02.12.15

Shelton Abbey Place of Detention

Gerry Delaney

Thomas Gregan

Margaret Short 

Richard Codd

23.01.02

15.02.12

15.02.12

21.02.12

22.01.15

14.02.15

14.02.15

20.02.15

St. Patrick's Institution

Yvonne Ní Mhurchú

Denis Murphy

Sean Lyons

Emma Muldowney

Niall Counihan 

02.05.10

23.01.12

23.01.12

23.01.12

15.02.12

01.05.13

22.01.15

22.01.15

22.01.15

14.02.15

Training Unit Place of Detention

Thomas Twomey

Sadie Jordan  

Fintan Kelly

Deirdre Kenneally

Noel Turley

Patrick Holton

01.05.10

23.01.12

23.01.12

23.01.12

23.01.12

14.01.13

30.04.13

22.01.15

22.01.15

22.01.15

22.01.15

13.01.16

Wheatfield Prison

John O'Neill

Stewart Stephens

Betty Gleeson

Kathleen Gill 

Brenda Coyne

Anne Carter

14.01.11

23.01.12

22.02.12

28.03.12

26.10.12

03.12.12

13.01.14

22.01.15

21.02.15

27.03.15

25.10.15

02.02.15

Citizenship Applications

Questions (162)

Tom Fleming

Question:

162. Deputy Tom Fleming asked the Minister for Justice and Equality if he will expedite an application for naturalisation in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [13298/13]

View answer

Written answers

I 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 January, 2013. The application is currently 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.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. As the processing requirements and time taken to complete necessary checks vary from case to case, it is not possible to provide a specific date for determination of an individual application. 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.

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