Peadar Tóibín
Question:11. Deputy Peadar Tóibín asked the Minister for Justice and Equality if he will provide details of the appeals system for applicants who have been refused citizenship and-or a working visa. [28234/13]
View answerIrish Naturalisation and Immigration Service Administration
Questions (11)
Written answers
The Irish Nationality and Citizenship Act 1956 as amended sets out the process for the granting of a certificate of naturalisation. It is open to any individual to lodge an application for a certificate of naturalisation at any time if they consider they are in a position to meet the prescribed statutory requirements. In reaching a decision on applications full consideration is given to each case and I can say that in the vast majority cases the result is a positive decision for the applicant. For example, in 2012 over 98% of eligible applications resulted in a positive outcome. Where a decision is made to refuse an application it is open to the person concerned to lodge a new application. However, in doing so they should bear in mind the reasons for refusal of their previous applications. For the sake of completeness, over 50,000 applications for naturalisation have been approved since I was appointed.
Visa required nationals are required to set out full details in a visa application of their reason for seeking to come to Ireland. The visa, if granted, is pre-clearance to the person concerned to arrive at an approved port of entry and seek permission to enter. Visa required nationals who wish to migrate to the State to take up employment must, in the great majority of cases, apply for and be granted a work permit before applying for a visa. A minority of those seeking to come to Ireland to work, i.e., for periods of less than six months, may not need to apply for a work permit, but must apply for, and be granted, a visa.
The procedure to appeal a Visa Refusal is the same for all Visa Application types. The only stipulation is that the appeal must be submitted in writing within two months of the refusal date. On receipt of the appeal, the Appeals Officer - who is a more senior immigration official - will review the application, taking account of any additional information or documentation submitted in support of the appeal. If the Appeals Officer does not alter the decision the applicant is notified in writing. If the appeal is successful then a Visa will be issued to the applicant. For the information of the Deputy, the approval rate for 'employment' visas at first instance is approximately 98%.
The issue and renewal of work permits is a matter for my colleague, the Minister for Jobs, Enterprise and Innovation. Where a person is granted a work permit and requires a visa in order to come to Ireland to take up employment, the matter is expedited by the Irish Naturalisation and Immigration Service subject to normal immigration controls. Re-entry visas are issued to visa required work permit holders who wish to leave the State for short periods for business or personal reasons.
Insolvency Service of Ireland
Questions (12, 116)
John McGuinness
Question:12. Deputy John McGuinness asked the Minister for Justice and Equality the start date on the new personal insolvency regime; and if he will make a statement on the matter. [28306/13]
View answer
Niall Collins
Question:116. Deputy Niall Collins asked the Minister for Justice and Equality the start date of the new personal insolvency regime; and if he will make a statement on the matter. [28439/13]
View answerWritten answers
I propose to take Questions Nos. 12 and 116 together.
The Insolvency Service of Ireland (ISI) was established on 1 March 2013 and significant progress has been achieved in a short period of time including: staffing the Service; drafting of Statutory Instruments under the Personal Insolvency Act 2012; launch of an Information campaign; development and launch of the ISI website containing a range of information for members of the public including: guides on each of the 3 new personal insolvency arrangements; guidelines on a reasonable standard of living and reasonable living expenses; and a suite of debt scenarios and possible solutions; operation of a public information line; ongoing liaison with a variety of key stakeholders; preparing for the integration of the Office of the Official Assignee; the development of a comprehensive IT solution to meet the operational needs of the Insolvency Service.
Section 47 of the Personal Insolvency Act 2012 provides for the authorisation of Approved Intermediaries by the Insolvency Service of Ireland, Section 161 of the Act provides that the ISI may make regulations for the purposes of the control and supervision of Personal Insolvency Practitioners (PIPs) and Section 173 of the Act provides for the making of regulations in relation to such matters as bank accounts, accounting records and other financial matters of PIPs. The Insolvency Service is currently in the process of finalising Regulations governing the above matters and I expect to be signing them in the coming days. I understand that the ISI will publish the Regulations on the ISI website, www.isi.gov.ie, shortly thereafter. This will allow those interested in working as Approved Intermediaries or Personal Insolvency Practitioners to apply to the Insolvency Service for authorisation.
It is therefore my expectation that distressed debtors will be in a position to meet with Approved Intermediaries and Personal Insolvency Practitioners and begin to receive initial advice from them in early July. Subsequently, the ISI can begin processing applications shortly thereafter.
Judicial Working Group
Questions (13)
Micheál Martin
Question:13. Deputy Micheál Martin asked the Minister for Justice and Equality the number of times that the new judicial forum working group has met since March 2013; and if he will make a statement on the matter. [28289/13]
View answerWritten answers
As the Chief Justice recently highlighted, the Government has facilitated a new arrangement 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. As I indicated in response to Parliamentary Question No. 673 of 11 June 2013, there have been two meetings of the Group to date and it is intended that the Group will meet on an ongoing basis.
The Deputy may also recall that the Programme for Government undertakes to “legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges ” and this commitment is being given expression in the form of the proposed Judicial Council Bill. As well as providing for the establishment of a Judicial Council and Board that will promote excellence and high standards of conduct by judges, the proposed Bill is aimed at providing a means of investigating allegations of judicial misconduct supported by the establishment of a Judicial Conduct Committee which will have lay representation. The Judicial Council will be a formal statutory body, it will be independent and, it is important to note, will be a distinct entity from that of the Association of Judges of Ireland which has a different remit.
In November 2011, the judiciary agreed to establish an Interim Judicial Council pending the publication and enactment of the proposed Judicial Council Bill. A sub-committee of the Board of the Interim Judicial Council was subsequently established to consider the General Scheme for a Judicial Council Bill and its observations have been duly considered in my Department taking account of intervening developments and of current Government policy. Work on the detailed drafting of the new Bill continues, therefore, in conjunction with the Offices of the Attorney General and of Parliamentary Counsel. Under the Government's Legislation Programme publication of the Bill is expected later this year.
Human Rights Issues
Questions (14)
Joe Higgins
Question:14. Deputy Joe Higgins asked the Minister for Justice and Equality if he will report on the mechanisms being put in place at EU level to ensure Syrians entering the European Union seeking asylum will be given proper consideration in view of the treatment of refugees on BBC's "Newsnight" programme on 6 June 2013. [28371/13]
View answerWritten answers
Since March 2011 the conflict in Syria has led to a dire humanitarian crisis. According to the Office of the United Nations High Commissioner for Refugees at least 1,600,000 Syrians have fled into countries neighbouring Syria. To date approximately 37,000 Syrians have applied for asylum in the Member States of the European Union.
The BBC Newsnight television programme to which the Deputy refers included elements regarding the situation of asylum seekers and irregular migrants in Greece. The systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers in Greece have been on the agenda of the EU Justice and Home Affairs Council since Greece presented its Action Plan on Migration Management and Asylum Reform to the European Commission in August 2010. At the most recent meeting of the Council on 6 and 7 June 2013, the Greek Minister provided information regarding progress in the implementation of the Action Plan. The Council noted that considerable progress has been made to improve Greece’s asylum and migration systems and that there is more work to be done.
The Refugee Act 1996 provides that a person who arrives at the frontiers of the State, or who is in the State, may apply for asylum in Ireland. Accordingly, I do not have any statutory responsibility in respect of persons seeking asylum in another EU Member State.
Since the beginning of the conflict a total of 51 Syrians have applied for asylum in Ireland. In compliance with the EU Asylum Procedures Directive, persons applying for asylum in Ireland are guaranteed access to the asylum determination procedure and have the right to remain in Ireland pending the examination of the application. Also, I can confirm that since March 2011 no Syrian national has either been deported from Ireland or transferred from Ireland to Greece under the EU Dublin System.
The European Union as a whole is one of the leading international response actors in the Syrian crisis. Member States and the Commission have mobilised humanitarian funding of approximately €900 million. These funds are allocated for use both within Syria and to assist those fleeing the violence into neighbouring countries including Lebanon and Jordan. To date Ireland has provided over €8.15 million in assistance for Syria and the wider region. This overall contribution includes Ireland's pledge of €4.7 million made at the High Level Donor Pledging Conference for Syria in Kuwait City on 30 January 2013 attended by my colleague, Minister of State for Trade and Development Joe Costello. This pledge was promptly met in full.
Restorative Justice
Questions (15)
Thomas P. Broughan
Question:15. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on the current operation of the Garda diversion programme; the current level of funding provided for the programme; his views on whether the use of restorative justice processes are being expanded in 2013; and if he will make a statement on the matter. [28220/13]
View answerWritten answers
As the Deputy will be aware, the Diversion Programme operates in accordance with Part 4 of the Children Act 2001, as amended, and under the general superintendence and control of the Garda Commissioner. The programme embraces, whenever possible, the principles of restorative justice and has regard to the needs of the victims of youth offending. An Annual Report of the Committee appointed to monitor the effectiveness of the Diversion Programme is published each year which gives details of the resources deployed by the Commissioner in relation to the Programme. The reports are available on the website of my Department via the Irish Youth Justice Service link. The latest published report indicates that there are 123 Juvenile Liaison Officer (JLO) posts comprising of 115 Gardaí and 8 JLO Sergeants.
The work of the Garda Juvenile Liaison Officers under the Diversion Programme is supported by the Irish Youth Justice Service (IYJS) through the 100 Garda Youth Diversion Projects (GYDPs) located across the country. The Garda Youth Diversion Projects are multi-agency crime prevention initiatives managed by community based organisations in cooperation with the local Garda District Officers. These projects seek to divert young people from becoming involved or further involved in anti-social and/or criminal behaviour. Last year approximately 5,100 young people engaged with these projects. Provisional funding of €11.5 million has been allocated to the GYDPs for 2013.
Moving on to restorative justice and its role in impacting on youth crime; I should say that, essentially, the delivery of restorative justice approaches are primarily a matter for IYJS strategic partners - An Garda Síochána and the Young Persons Division of the Probation Service. Restorative justice in the context of youth crime was introduced on a statutory basis for the first time in the Children Act 2001, as amended, with two restorative justice initiatives provided for in the Act: a restorative conference or restorative caution included in the Garda Diversion Programme and a court-ordered restorative justice family conference delivered through the Probation Service. An Garda Síochána use restorative justice processes in the delivery of the Diversion Programme under Part 4 of the Act. The Diversion Report referred to earlier indicates that JLOs dealt with over 900 cases in 2011 using a restorative justice approach. In addition, since 2010 JLOs have been collaborating with local communities and other agencies, in particular the Probation Service, in delivering training and developing restorative practice in the community. Restorative Justice philosophy and approaches have also been promoted through the training provided to Garda Youth Diversion Project staff and this training is ongoing.
In regard to the Probation Service, all Young Persons Probation staff have been trained in the preparation, delivery and action planning/monitoring which are essential to the restorative family conference (as provided for under Part 8 of the Children Act 2001 as amended). The Probation Service in conjunction with its partner agencies has also introduced and consolidated a number of restorative practices and approaches in the management of court ordered supervision in the community and more infrequently supervision following a period of detention. I am satisfied with the work undertaken to date and the ongoing developments in the further roll out of restorative youth justice initiatives and will continue to monitor the impact of these latest developments on an ongoing basis.
Finally, I wish to add that the Diversion Programme has been shown to be successful in diverting young offenders away from crime by offering guidance and support to the young people and their families. Tackling youth crime continues to be a key priority for this Government as set out in the Programme for Government and I am committed to continuing the Programme as is reflected in the resources available to the Garda Commissioner and the 2013 budget for the GYDPs which remains similar to the budget of 2012.
Crime Prevention
Questions (16, 27)
Jonathan O'Brien
Question:16. Deputy Jonathan O'Brien asked the Minister for Justice and Equality his plans to explicitly recognise stalking as a ground for applying for a safety order. [28240/13]
View answerJonathan O'Brien
Question:27. Deputy Jonathan O'Brien asked the Minister for Justice and Equality his plans to introduce a specific offence of stalking as has been the case in Scotland and Victoria. [28239/13]
View answerWritten answers
I propose to take Questions Nos. 16 and 27 together.
The Law Reform Commission is considering, at my request, a possible amendment to section 10 of the Non-fatal Offences against the Person Act 1997, which deals with harassment. This arises from reports of difficulties in bringing successful prosecutions under that section in relation to domestic and sexual violence. I understand that the Law Reform Commission expects to complete a discussion or consultation paper shortly in relation to their consideration of the provision. I expect that their paper will also consider whether stalking should be specifically provided for in legislation.