Written Answers Nos. 162 - 172
162. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if the PSNI road collision report is being examined in the context of the current review of the CT68 form; if the revised CT68 form will record the incidents of hit and run collisions; and if he will make a statement on the matter. [19608/13]
View answerAs the Deputy is aware, An Garda Síochána is currently examining the C(T)68 Form and the information captured on it. I understand from the Garda authorities that the review process is being carried out in consultation with the Road Safety Authority and the National Roads Authority. At this stage it is not possible to indicate what the outcome will be and, in the overall context, the Deputy will appreciate that the specific items provided for in the Form are determined by the Garda Commissioner.
163. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if, in the case of a person (details supplied) in County Kildare, it is permissible to seek an update of their stamp 4 or if further provisions are required to facilitate their efforts to obtain a national passport from their homeland which can only be done through the relevant embassy in the UK, having particular regard to the fact that their mother is an Irish citizen, with whom they arrived here in 2003; and if he will make a statement on the matter. [19615/13]
View answerThe person concerned is the sibling of an Irish born child of non-EEA parents born in the State prior to 1 January, 2005. She was granted temporary permission to remain in the State by the Irish Naturalisation and Immigration Service (INIS) in April, 2008 on the basis of family dependency. This permission was renewed subsequently on 24 March, 2010 until 23 March, 2013. As this person is now currently out of permission, she should make a formal written renewal request to the INIS, PO Box 10003, Dublin 1. Upon receipt of such request, her case will be examined and a decision made on her future status in the State.
The purpose of a national passport is to establish a person's citizenship and identity so that international travel and residence may be facilitated. Given the importance of ensuring that an immigration permission be availed of only by the person for whom it is intended, it is a fundamental requirement in immigration regimes around the world that foreign national visitors or residents must be in possession of a valid passport so a person's identity can be verified and so that the appropriate immigration permission may be placed within it.
While I am aware that people can encounter difficulties in this area, the conditions under which a national passport is issued or renewed is essentially a matter between the citizen and their national government.
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 this 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.
164. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in regard to submissions made following the issue of a deportation order against a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19617/13]
View answerThe person concerned arrived in the State in March, 2011. Given that she did not have any legal basis to remain in the State, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), she was notified, by letter dated 26th November, 2012, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should not have a Deportation Order made against her. Representations have been submitted by and on behalf of the person concerned.
The position in the State of the person concerned will now be decided by reference to 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. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
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.
165. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if he will provide a detailed breakdown of the costs for staffed prison space, all prisons, which amounted to €65,359 per space in 2011 (details supplied); and if he will make a statement on the matter. [19629/13]
View answerThe information requested by the Deputy, is set out in the following table.
|
Accommodation - Related Variable Costs |
Cost Per Staffed Prison Space - 2011 |
|
Utilities |
2,303 |
|
Maintenance, Repairs & Small Works |
1,906 |
|
- |
4,209 |
|
Prisoner - Related Variable Costs |
- |
|
Healthcare |
1,937 |
|
Catering |
1,875 |
|
Gratuities |
861 |
|
Prisoner Clothing, Laundry & Bedding |
480 |
|
Work Training, Education & Recreation |
461 |
|
Motor Vehicles & Related Costs |
130 |
|
Other |
54 |
|
|
5,798 |
|
Prisoner - Related Fixed Costs |
- |
|
Direct Salary Costs |
43,238 |
|
Staff Related Costs |
370 |
|
Other Administration Costs |
235 |
|
Travel & Subsistence |
194 |
|
|
44,037 |
|
Non-Custodial Costs (Incl. Prisoner Escorts) |
- |
|
Non Direct Salary Costs |
4,981 |
|
PSEC Staffing, Operational and Administration Costs |
2,508 |
|
Non Direct IT / Telephone Costs |
1,333 |
|
Non Direct Legal / Compensation Costs |
658 |
|
Non Direct Variable Costs |
650 |
|
Non Direct Staff Related Costs |
607 |
|
Non Direct Maintenance, Repairs & Small Works |
295 |
|
Non Direct Utility Costs |
183 |
|
Non Direct Other Administration Costs |
100 |
|
- |
11,315 |
|
Total |
65,359 |
166. Deputy Terence Flanagan asked the Minister for Justice and Equality the rationale for the annual review mechanism provided for in section 18 of the Offences Against the State (Amendment) Act 1998, as amended by section 37 of the Criminal Justice Act 1999; if he will list any other similar review mechanisms which exist in legislation here; and if he will make a statement on the matter. [19631/13]
View answerAs the Deputy will be aware the Offences Against the State (Amendment) Act 1998 was enacted by the Oireachtas in the aftermath of the Omagh bombing of August 1998. This atrocity which took the lives of 28 innocent men, women and children was carried out by terrorists opposed to peace on this island. The purpose of the Act was to strengthen the powers of An Garda Síochána in tackling these criminal terrorists.
Section 18 of the 1998 Act, as amended by section 37 of the Criminal Justice Act 1999, provides that certain sections of the 1998 Act must be reviewed annually and would cease to operate unless a resolution had been passed by the Houses of the Oireachtas confirming the continuation of the sections. I presume the rational behind the annual review mechanism is to ensure transparency in the application of the Act and to enable members of the Oireachtas to consider whether the security threat which gave rise to the powers in question remains. With regard to the areas for which I have responsibility as Minister, a similar review mechanism is in place with regard to section 8 of the Criminal Justice (Amendment) Act 2009 which provides for the trial in the Special Criminal Court of certain organised crime offences.
167. Deputy Robert Troy asked the Minister for Justice and Equality his views on the long processing time, 15 to 16 weeks, regarding Garda vetting (details supplied). [19632/13]
View answerThe Garda Central Vetting Unit (GCVU) provides employment vetting for approximately 20,000 organisations in Ireland, registered with the Unit for this purpose, which employ personnel to work in a full-time, part time, voluntary or student capacity with children and/or vulnerable adults. The Unit processed approximately 328,000 vetting applications on behalf of these organisations in 2012.
The current average processing time for applications is approximately 12 weeks from date of receipt. However, seasonal fluctuations and the necessity to seek additional information on particular applications can result in this processing time being exceeded on occasion. All organisations registered for Garda Vetting are aware of the processing time-frames for the receipt of Garda vetting and have been advised to factor this into their recruitment and selection process.
Following discussions with the Department of Public Expenditure and Reform, sanction was granted for an additional 25 staff to be re-deployed from the Department of Agriculture to the Garda Central Vetting Unit. I am pleased to announce that these personnel transferred to the GCVU on 22 April 2013. When these staff have been fully trained on the vetting process I expect there will be a positive effect on vetting times. Since I became Minister, it has been a priority for me that processing times should be kept to a minimum consistent with maintaining the overall integrity of the vetting system. This is an absolute necessity given the very important role of the vetting system.
168. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality if time spent here as a foreign student studying is taken into account when a foreign national applies for residency and-or subsequently for naturalisation. [19642/13]
View answerResidence in Ireland for the purposes of pursuing education is not reckonable for other immigration permissions such as long term residence and is specifically excluded from consideration in naturalisation applications by Section 16A(1)(b) of the the Irish Nationality and Citizenship Act 1956 (as amended).
169. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the number of persons who have student visas here at present; their country of origin; the number of years they are here for; and the number or percentage who applied to remain having completed their studies. [19643/13]
View answerThe number of non-EEA nationals who are currently registered in accordance with section 9 of the Immigration Act, 2004 and who have permission to remain as students (on immigration permission stamp No. 2) is approximately 32,900. This figure does not include non-EEA students who are in the State to engage in studies for a period of less than 3 months or who have permission to remain in the State in a different category (for example as a dependant of an Irish or EEA national).
The main country of origin for the persons concerned are the following: Brazil: 21%; China: 15%; USA: 7%; Malaysia: 5%; India: 5% and Saudi Arabia: 5%. In 2011 a New Student Regime was introduced which limits the time a person can remain in the State as a student to an aggregate maximum of seven years; the amount of time that each student is given permission to remain in the state is based on each individual application.
Due to the varied paths open to students it is not possible to readily identify the number who have applied to remain after completing studies. I would point out that students who are eligible may avail of the Graduate scheme which allows them to apply for a work permit to the Department of Jobs, Enterprise and Innovation.
170. Deputy Marcella Corcoran Kennedy asked the Minister for Justice and Equality when a vetting application in respect of a person (details supplied) in County Offaly will be processed; and if he will make a statement on the matter. [19654/13]
View answerI am informed by the Garda authorities that a vetting application on behalf of the person concerned was received by the Garda Central Vetting Unit (GCVU) on 31 January 2013. The application is being processed and will be returned to the registered organisation once completed.
171. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will defer deportation pending a full investigation into the circumstances whereby a deportation order issued in the case of a person (details supplied) in County Carlow, who understood during their seven years employment here that their stamp 4 had been authorised and was fully up to date, notwithstanding his reply to previous parliamentary questions wherein it was indicated to the contrary; to ensure that no exploitation of such persons takes place and that persons in such employment are not deprived of their human rights, he will take immediate steps to have the matter fully investigated and the applicant's full entitlements restored; and if he will make a statement on the matter. [19696/13]
View answerIn the light of the new information supplied by the Deputy I have asked my officials to review this case as soon as possible. The outcome of that review will then be communicated to the person concerned.
172. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in determination of eligibility for residency-naturalisation in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19716/13]
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 October, 2012. The application is at an advanced stage of processing and will be submitted to me for decision as expeditiously as possible. 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.
