Jack Wall
Question:251. Deputy Jack Wall asked the Minister for Justice and Equality the way a person (details supplied) with dual citizenship may apply for Irish citizenship; and if he will make a statement on the matter. [15504/13]
View answerCitizenship Applications
Questions (251)
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.
In the context of naturalisation, certain periods of residence in the State are excluded. These include:
- periods of residence in respect of which an applicant does not have permission to remain in the State
- periods granted for the purposes of study
- periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996.
It is open to any individual to lodge an application for citizenship if and when they are in position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.
An EEA national would be required to submit proof of residence in the State amounting to a total of five years in the last nine years, to include the year prior to application. Three different proofs of residence for each year showing name and address for this period i.e. household bills (gas, electricity, phone or cable/satellite TV), bank statements, revenue letters, mortgage agreement, social welfare, letter from employment, doctors letters etc. are necessary.
The acquisition of Irish citizenship is not contingent on the renunciation of the citizenship of another jurisdiction. However, the Deputy should be aware that persons who obtain Irish citizenship may, as a result, lose or be at risk of losing their existing citizenship(s).
I should remind the Deputy that queries in relation to 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.
Legal Aid Applications
Questions (252)
Brendan Griffin
Question:252. Deputy Brendan Griffin asked the Minister for Justice and Equality if he will investigate the way a person (details supplied) in County Kerry was refused free legal aid when their spouse qualified for legal aid with the same means; and if he will make a statement on the matter. [15622/13]
View answerWritten answers
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.
Ministerial Transport
Questions (253)
Seán Fleming
Question:253. Deputy Sean Fleming asked the Minister for Justice and Equality the full cost of ministerial transport and the breakdown of this cost between salaries, mileage allowance and other travel costs for Ministers and Ministers of State in his Department for 2012; and if he will make a statement on the matter. [15677/13]
View answerWritten answers
As the Deputy will be aware, the Government introduced a number of changes for the provision of Office Holder transport during 2011. One of the consequences of that decision was that the transport arrangements in place for Ministers of State became applicable to Government Ministers, subject to very limited exceptions on security grounds. In addition, it was decided that former Presidents and Taoisigh would only be supplied with official transport for important State occasions. The revised transport arrangements came into operation for Government Ministers on 1 May 2011 and for former Office Holders on 16th June 2011.
Office Holder cars are currently placed at the disposal of the President, An Taoiseach, An Tánaiste, the Minister for Justice, Equality and Defence, the Chief Justice and the Director of Public Prosecutions.
The Garda Commissioner is the Accounting Officer for the Garda Vote. In that context, I am informed by the Garda authorities that records in relation to the cost of providing Office Holder transport have not been maintained in a manner which would allow for the identification of costs associated with individual Office Holders. However, the Garda authorities have indicated that a breakdown of expenditure on the provision of Office Holder transport in 2012 is as outlined in the following table:
|
Category |
Cost |
|
Salaries & Overtime |
€2,042,000 |
|
Travel & Subsistence |
€110,000 |
|
Other |
€49,000 |
|
Total |
€2,201,000 |
The Garda authorities do not have details of Ministerial transport costs which are not charged to the Garda Vote.
Unaccompanied Minors and Separated Children
Questions (254)
Mary Lou McDonald
Question:254. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the number of separated children seeking asylum here who have gone missing on a yearly basis between 2005 and 2012; and the number of these children whose whereabouts remains unknown. [15720/13]
View answerWritten answers
As the Deputy may be aware the HSE has primary responsibility under the Child Care Act, 1991 for the care of separated or unaccompanied children seeking asylum in the State. In that regard, any persons deemed to be unaccompanied minors by the Office of the Refugee Applications Commissioner (ORAC) are referred to the HSE under Section 8 of the Refugee Act, 1996.
On referral by the ORAC, the HSE determines whether it is in the child's interest to have an application for asylum made on their behalf. In the event that an application is made, I am advised that the HSE then assists the minor throughout the asylum process, including accompanying the minor during the course of their asylum interview.
I am also advised that the HSE takes all necessary steps to ensure the safety and welfare of these young people. Children who are unaccompanied and are seeking asylum are received into the care of the HSE under the Child Care Act 1991. They are allocated a social worker, their needs are assessed and a Care Plan is developed. These children are generally placed in a foster care family placement, although some older children are placed in regulated residential facilities that cater for small numbers. Younger children are, as a matter of policy, placed in family placement. The overall numbers of unaccompanied children seeking asylum has decreased significantly in recent years. There were 26 such applications in 2011 and 23 in 2012.
In relation to the number of unaccompanied asylum seekers who are declared to be missing, I can advise the Deputy that the latest figures are being compiled and will be forwarded to her as soon as possible by my colleague the Minister for Children and Youth Affairs who has overall responsibility in this area.
Asylum Support Services
Questions (255)
Mary Lou McDonald
Question:255. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the number of women in direct provision who have reported incidents of domestic violence on a yearly basis between 2005 and 2012. [15722/13]
View answerWritten answers
The Reception and Integration Agency (RIA), a functional unit of the Irish Naturalisation and Immigration Service (INIS) of my Department, is responsible for the accommodation of persons under the Government system of Direct Provision. While accommodation services are provided by RIA, other State supports are provided by the appropriate Government Department or agency, i.e., health services are provided through the HSE, social welfare supports through the Department of Social Protection and Education through the Department of Education & Skills, etc.
Residents in direct provision accommodation may, from time to time, present to centre management reporting incidents of domestic violence. Such reports would, as a matter of course be referred to RIA and onwards to the HSE social work team or An Garda Síochána if appropriate. Under the RIA's Child Protection policy, a referral to HSE social work would also be made where children are involved. While such information would be held on a resident's file within RIA, statistics on this basis are not compiled.
RIA is currently working with Cosc (the National Organisation for the prevention of domestic, sexual and gender based violence) and a number of non - governmental organisations including Akidwa and the Rape Crisis Centre, to develop a policy around incidences of domestic, sexual and gender based violence and harassment within its centres. In advance of the completion of that policy, RIA has created an information poster which will shortly be distributed to its centres. These posters will provide information on accessing professional help if they have suffered or are suffering from domestic, sexual or gender based violence or harassment. This poster will be available in five languages including English.
Asylum Support Services
Questions (256)
Mary Lou McDonald
Question:256. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the number of women in direct provision who have reported incidents of malnutrition on a yearly basis between 2005 and 2012. [15723/13]
View answerWritten answers
The Reception and Integration Agency (RIA), a functional unit of the Irish Naturalisation and Immigration Service (INIS) of my Department, is responsible for the accommodation of persons under the Government system of Direct Provision. While accommodation services are provided by RIA, other State supports are provided by the appropriate Government Department or agency, i.e., health services are provided through the HSE, social welfare supports through the Department of Social Protection and Education through the Department of Education & Skills, etc.
Residents living in direct provision may complain about issues they have with eating the food available on a personal basis. Such complaints can be made to centre management or to RIA. Where a resident has issues with their diet, they can provide a diet sheet from their doctor to centre management and those needs are addressed. Where necessary, diet sheets and supporting medical documents may be forwarded by RIA to an independent medical referee for review and advice on how best to address specific needs. While such information may be held at the accommodation centre or on the person's file in RIA, statistics in relation to certified dietary requirements are not compiled.
In relation to the dietary element of direct provision, all accommodation centres are contractually obliged to ensure that menus reflect different ethnic tastes or requirements and are cycled on at least a seven day basis to ensure variety. In the case of State owned properties, and the larger accommodation centres, 56 day menu cycles are in place. In other centres, a 28 day menu cycle is in place. A growing number of centres – at least 15 to date – have obtained a ‘Q’ Quality Mark (or equivalent), which involves considerable examination of quality and procedures. It should be noted that it is not a contractual requirement to obtain such awards. Mechanisms for making and addressing complaints about centre operations, including food complaints, are outlined in considerable detail in RIA House Rules and Procedures, which are widely available in centres and on the websites of the Department of Justice and Equality and the Reception & Integration Agency. The House Rules were extensively launched by RIA with opportunities made available to all residents to attend explanatory presentations on the document.
RIA conducts inspections and other formal and unannounced visits to all centres throughout the year which focus, inter alia, on food, food hygiene, HACCP standards and other quality checks. The HSE's Environmental Health Officers have full access to accommodation centres and visit those centre regularly. Any issues arising are raised with the contractor for urgent action and follow-up visits are undertaken as appropriate.
In relation to child nutrition, RIA, in partnership with the HSE, introduced Healthy Infant Feeding Guidelines for families in accommodation centres in 2005. These Guidelines seek to promote, among asylum seekers in RIA accommodation, healthy feeding practices for small children.