Written Answers Nos. 658-74
658. Deputy John O'Mahony asked the Minister for Justice and Equality the reason a person (details supplied) in County Mayo has not received Garda clearance; the reason for the delay in processing this application; and if he will make a statement on the matter. [27099/13]
View answerThe Garda Central Vetting Unit (GCVU) does not provide Garda clearance. The function of the GCVU is to conduct Garda vetting checks in respect of Garda vetting applications submitted by registered organisations and to issue Garda vetting disclosures to such organisations.
I am informed by the Garda authorities that a vetting application on behalf of the individual referred to by the Deputy was received by the GCVU on 30 January 2013. The application was processed and returned to the registered organisation involved on 22 May 2013.
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. In order to observe equity and fairness in respect of all applicants for Garda Vetting, standard processing procedures are such that applications are processed in chronological order, from the date of receipt at the GCVU.
659. Deputy Robert Dowds asked the Minister for Justice and Equality if he will outline the rules regarding joint spouse/joint parent visas for persons who are resident here on Stamp 4 visas; and if permission for family reunification will be granted in such a case if the person resident here was earning over the family income supplement level for their family size. [27129/13]
View answerWhile substantial numbers of persons hold Stamp 4 permissions and such persons are entitled to work without a permit there is no standardised entitlement to Irish residence for their family members. Each case is examined on its merits and, where the person is visa required, this is done as part of the visa process. For example, one of the issues to be considered is the potential for the individual or family members to be, or to become, a burden on the State and the family income supplement provides some guidance on this. However other factors also have to be considered.
People who currently hold stamp 4 permission may have attained this status through a variety of routes and not all cases would have the same claim on family reunification. At one end of the scale are refugees whose spouse and children are entitled to family reunification in accordance with the Refugee Act 1996. At the other end there may be cases where the grant of Stamp 4 permission to an individual was expressly on the basis that it conferred no entitlement or legitimate expectation of family reunification. There are also cases involving workers with employment permits who now hold stamp 4 permission. Family reunification was generally available to employment permit holders either immediately or after one year.
My Department is currently working on a comprehensive policy document that will include guidelines on all of the main issues including eligibility, dependency, the financial resources necessary to support a dependant and any requirements the person seeking entry must meet. It should also be noted that our existing policies in respect of certain classes of migration compare very favourably with many other jurisdictions. Moreover, in devising guidelines in this complex area, regard must be had to the existence of the Common Travel Area and its provisions in relation to the ease of movement between Ireland and the UK.
660. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the eligibility for residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [27138/13]
View answerI am advised by the Irish Naturalisation and Immigration Service that the person mentioned by the Deputy was first registered in the State as a student on 22 March 2007. Her permission to remain here expired on 26 March 2013.
The guidelines for non-EEA national students registered in the State are available on the INIS website at www.inis.gov.ie.
As the person concerned no longer has permission to be in the State and she has not shown that she is entitled to remain on any other basis, she should now make arrangements to leave the State.
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.
663. Deputy Clare Daly asked the Minister for Justice and Equality the steps he has taken regarding the case of a person (details supplied) where it is alleged that they breached their visa conditions and are engaged in unlawful activity and yet received permission to remain here. [27148/13]
View answerIn the first instance and as the Deputy will be aware, any information regarding alleged criminal activity should be referred to An Garda Síochána for investigation. Where issues relating to a person's immigration status arise from an investigation carried out by the Gardaí, these are dealt with in accordance with the law, primarily section 3 of the Immigration Act 1999 in the case of non-EEA nationals and in the case of EU nationals Regulation 20 of the European Communities (Free Movement of Persons) Regulations 2006.
665. Deputy Finian McGrath asked the Minister for Justice and Equality if Gardaí can take action against cyclists who cycle on the footpath from Fairview railway bridge past the shops to St. Lawrence Road, Clontarf, Dublin 3. [27157/13]
View answerI am informed by the Garda authorities that the area referred by the Deputy is in the Clontarf Garda Sub-District and members of An Garda Síochána enforce the law on pedal cycling as part of their normal duties at that location on an ongoing basis. In addition to the day to day enforcement of the relevant provisions of the Road Traffic Acts, breaches of the legislation in respect of pedal cycle behaviour are regularly targeted by way of specific Garda operations including in the area referred to by the Deputy. I am advised that such operations are intelligence led and take into account the interaction of cyclists, pedestrians and vehicular traffic. Where breaches of legislation are detected, members of An Garda Síochána, depending on the circumstances, may deal with the incident by way of advice or caution or by initiating criminal proceedings.
668. Deputy Kevin Humphreys asked the Minister for Justice and Equality if he will arrange to have the application for an SPSV licence issued to a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [27191/13]
View answerI am informed by the Garda authorities that the application referred to by the Deputy was received at the applicant's local Garda station on 2 April, 2013. I am also informed that SPSV applications are forwarded, on completion of the required checks, from the applicant's local Garda station to the Carriage Office which has responsibility for the issuing of SPSV applications.
I am advised that liaison is being maintained with the applicant in relation to the status of this application.
669. Deputy Brian Walsh 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 Galway; and if he will make a statement on the matter. [27194/13]
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 May, 2010.
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.
670. Deputy Robert Dowds asked the Minister for Justice and Equality the number of Vietnamese nationals that were charged with the offence of cannabis cultivation under the Misuse of Drugs Act from 2010 and to date in 2013; and if trafficking for forced labour was identified by An Garda Síochána in any of these cases. [27229/13]
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.
With regard to the information requested concerning the number of Vietnamese nationals charged with the offence of cultivation or manufacture of drugs, I have requested the CSO to provide relevant information with reference to the statistics that are available directly to the Deputy.
I can inform the Deputy that the Garda authorities have indicated to me that no case of forced labour or trafficking has been identified by An Garda Síochána amongst the cohort of persons referred to in the Deputy's question.
671. Deputy Brendan Griffin asked the Minister for Justice and Equality when reforms of the in camera rule in family law cases will be considered; and if he will make a statement on the matter. [27239/13]
View answerEarlier this year, I published the Courts Bill 2013 which proposes to modify the long-standing in camera rule which prevents members of the public, including the press, from being present in court when family law and child care proceedings are being heard.
The purpose of the in camera rule is to protect the identity of the parties and other persons, including children, to whom family law and child care proceedings relate. While the general principle is that justice be administered in public, the underlying concern is that family law proceedings relate to matters which are sensitive and private to the parties and there is no public interest in requiring that their identities be published.
The application of the in camera rule in relation to court hearing of family law and child care proceedings has given rise to a public perception that undue secrecy is attached to the administration of these areas of the law and that there is a lack of uniformity and consistency in the manner in which they are administered.
The proposal in the Bill is to retain the privacy provisions in respect of such court proceedings while allowing the attendance of bona fide representatives of the press. The courts will, however, retain the power to exclude representatives of the Press or restrict or prohibit the publication of evidence given in the proceedings in certain circumstances. In addition, a strict prohibition will apply on reporting of material likely to identify the parties to the proceedings or any children to whom the proceedings relate. The Bill aims to provide for a careful balancing of the need for privacy for persons involved in family law and child care proceedings with the need to ensure access to important information on the operation of family and child care law in our courts.
The Bill is currently before the Seanad and I hope to progress the Bill before the Oireachtas with a view to its enactment before the Summer recess.
673. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on the planned new forum of discussion between him and the Association of Judges of Ireland; when this body will meet; how often it will meet and how it will be comprised; the general agenda for discussion at the forum; and if he will make a statement on the matter. [27262/13]
View answerI understand that the Deputy is referring to the new arrangement that the Government has facilitated which was recently highlighted by the Chief Justice. The new forum is in the form of a Working Group chaired by the Chief Justice and comprising the Presidents of the Courts and other representative judges. The Attorney General, who has traditionally acted as the formal link with the Judiciary, also attends the Group accompanied by the Secretary General to the Government. There have been two meetings of the Group to date and it is intended that the Group will meet on an ongoing basis.
674. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on his recently stated plans to bring proposals to Cabinet on the recommencement of the Garda recruitment programme; when he will bring these proposals forward; and if he will make a statement on the matter. [27263/13]
View answerI am in discussion with my colleague, the Minister for Public Expenditure and Reform, on this matter and I intend to bring proposals to Cabinet in the near future.
