Written Answers Nos. 185-192
185. Deputy Paschal Donohoe asked the Minister for Justice and Equality the reason a person (details supplied) in Dublin 3 only had their permission to remain here extended for 12 months last April which is due to expire next month; if he will review the situation in view of the fact that the person is married to an Irish national; and if he will make a statement on the matter. [15755/13]
View answerThe Irish Naturalisation and Immigration Service (INIS) informs me that permission to remain in the State arising from marriage to an Irish national is normally granted for 1 year initially which is renewable for further periods of up to 1 and 3 years on a rolling basis.
The person concerned was initially granted permission to remain in the State arising from her marriage to an Irish national on 24 April 2012 for an initial period of 12 months renewable with her local registration office.
In order to renew this permission, the person concerned should attend with her Irish spouse at her local registration office two weeks prior to the expiry date of her current permission whereupon she may be granted a renewal of this permission for a further period of 12 months. A subsequent renewal of this permission may be granted for an extended period of 3 years subject to the person concerned meeting the conditions of her permission to remain in the State arising from her marriage to an Irish national.
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.
186. Deputy Terence Flanagan asked the Minister for Justice and Equality if legislation is in place that requires that businesses and public offices make their premises wheelchair accessible; and if he will make a statement on the matter. [15782/13]
View answerThe Disability Act 2005, subject to certain conditions (detailed in section 25(4) and section 29 of the Act), provides that a public body shall ensure that its public buildings are, as far as practicable, accessible to persons with disabilities. Public buildings within the terms of the Act are buildings, or that part of a building, to which members of the public generally have access and which is occupied, managed or controlled by a public body.
The Act makes reference to Part M of the Building Regulations 1997 (as amended) which deals with access for people with disabilities and are under the remit of the Minister for Environment, Community and Local Government. The Disability Act 2005 requires that relevant buildings which were public buildings on the commencement of section 25 of the Act, i.e. on 31 December 2005, be brought into compliance with Part M of the Building Regulations not later than December 2015 and be brought into compliance with any amendment of Part M not later than 10 years after the commencement of the amendment.
The Disability Act does not cover access to private premises and businesses.
187. Deputy Robert Troy asked the Minister for Justice and Equality his views on the recruitment of civilians to the Garda communications centre, Garda command and control, a recruitment competition for these positions was undertaken and completed last year, yet as of March 2013 up to 30 gardaí are reportedly still working in Garda command and control, this is not the best use of limited resources, as these Garda could be better utilised by undertaking normal policing duties. [15787/13]
View answerI am wholly supportive of the release of Gardaí from administrative duties to frontline and operational policing. 32 positions were identified in the Garda Communications Centre in Harcourt Square as suitable to be filled by civilian staff and in March 2011, following an interdepartmental competition the first 18 Clerical Officers were assigned as Call Takers into the Centre. Following a further interdepartmental competition, the remaining Clerical Officer posts have been offered to the successful candidates and they are due to commence on Monday 29 April 2013. There are currently a total of 48 Garda members in the Command and Control Centre broken down as follows:
|
Rank |
Total |
|
Superintendent |
1 |
|
Inspector |
2 |
|
Sergeant |
9 |
|
Garda |
36 |
The recruitment competition to civilianise Garda positions in the Garda Communications Centre was in respect of emergency call taker positions. The Garda dispatcher function was not identified for civilianisation and is presently carried out by Gardaí.
188. Deputy Tom Fleming asked the Minister for Justice and Equality if he will extend a student visa as a matter of urgency in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [15820/13]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application was received for permission to remain in the State from the person mentioned on 20 July 2012. An examination of this case indicated that this person arrived in Ireland on 12 April 2006 and was registered in the State as a Student until 12 June 2012. The person concerned was informed by letter dated 24 January 2013 that a temporary extension of her student permission was authorised up to 8 March 2013. She was informed at that time that if at the end of this temporary extension period she was not in a position to provide evidence of having enrolled and paid fees on a Degree Programme course as defined by the National Qualifications Authority of Ireland she would not be granted further permission to remain in Ireland.
I am informed by INIS that the six week period allowed to the person concerned to enrol on a Degree Programme course is the standard extension period that applies in such cases. She has therefore been afforded every opportunity to regularise her position in the State.
All non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. As this person arrived in the State in 2006 she is now classified as a timed out Student.
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.
189. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding naturalisation in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [15853/13]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in December, 2012.
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. Clarification was sought regarding the spouse's civil status prior to marriage as stated on the application form. This issue has since been resolved.
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.
190. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he has received a submission from an organisation (details supplied) in relation to the practice of illegal money laundering; if he will consider their proposal for the establishment of a localised, fixed term task force with input from all relevant stakeholders including an Garda Síochána, Criminal Assets Bureau, Revenue Commissioners, the Department of Social Protection and so on, to investigate and address offences committed under section 17 of the Criminal Justice (Public Order) Act 1994 and or section 10 and 11 of the Non-Fatal Offences Against the Person Act, 1997; and if he will make a statement on the matter. [15855/13]
View answer191. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of illegal money lenders who have been prosecuted and convicted each year since 2008; and if he will make a statement on the matter. [15856/13]
View answer192. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he has reviewed the operation of the national illegal money-lending projects in the UK which has reportedly resulted in 96 prosecutions with 28 custodial sentences for illegal money-lending activities; and if he will make a statement on the matter. [15857/13]
View answerI propose to take Questions Nos. 190 to 192, inclusive, together.
I can confirm to the Deputy that I have received a submission from the organisation to which he refers concerning the practice of illegal money lending. That submission is currently under examination in my Department, in consultation with relevant Departments and Agencies and the Garda Commissioner, and a reply will issue in due course when that examination concludes.
As the Deputy will be aware, and as highlighted in the particular submission, tackling illegal money lending requires an approach which goes beyond the criminal justice response to include matters concerning affordable credit availability, debt advice, debt solutions etc.
The Deputy refers to work undertaken in the United Kingdom, under the auspices of the Department for Business, Innovation and Skills, on the establishment of National Illegal Money Lending Projects in that jurisdiction. As highlighted in the Interim Evaluation Report of these projects (2010) that work was undertaken as part of a wider strategy to tackle over-indebtedness and financial exclusion.
The Deputy will therefore appreciate that responsibilities arise for a number of Departments in tackling this issue.
With regard to the legislative framework in this area, the Deputy will be aware that legislative provisions relating to the regulation of money lending are provided for in the Consumer Credit Act 1995, which is the responsibility of the Minister for Jobs, Enterprise and Innovation.
The regulation of licensed money lending is a matter primarily for my colleague, the Minister for Finance and the Central Bank of Ireland is the competent authority in this jurisdiction with regard to licensed money lending activity.
Under the 1995 Act, unlicensed money lending is an offence. Persons who engage in money lending and who do not hold the necessary licence granted by the Central Bank are committing an offence under section 98 of the Act.
There are also a number of provisions in the criminal law which may be of relevance in particular circumstances, for example, sections 10 and 11 of the Non-fatal Offences against the Person Act 1997 and section 17 the Criminal Justice (Public Order) Act 1994 which provide for offences relating to harassment, extortion and demanding money with menaces.
With regard to the Deputy's question concerning the number of illegal money lenders that have been prosecuted and convicted each year since 2008, I have sought the information requested and will revert to the Deputy in due course.
As I have stated previously, I would encourage those who may have information concerning the operation of unlicensed money lenders in particular circumstances to make that information available to An Garda Síochána who will take all measures open to them to enforce the law in this area.
With regard to the question of any future initiatives in this area, as I indicated to the House, insofar as my Department has a role in this area and in the context of the investigation of illegal money lending, I will give consideration to any proposals which might be brought forward in aid of the investigation of such offences.
