Licence Applications

Questions (178)

Pat Deering

Question:

178. Deputy Pat Deering asked the Minister for Justice and Equality the reason a tourism company (details supplied) has been awarded LPSV licences in various locations but refused in others, for use of the same equipment, due to different interpretations of a LPSV description. [29843/13]

View answer

Written answers (Question to Justice)

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.

National Identity Card

Questions (179)

Eoghan Murphy

Question:

179. Deputy Eoghan Murphy asked the Minister for Justice and Equality the official standing of Garda identification cards here; and the reason some Government agencies do not accept Garda cards as appropriate identification. [29852/13]

View answer

Written answers (Question to Justice)

The Garda Age Card is a voluntary proof of age card issued to persons over the age of 18 years under the Intoxicating Liquor Act 1988 (Age Card) Regulations 2010. The purpose of the card is to verify a person's age in relation to matters referred to in the Intoxicating Liquor Act, as provided for in section 40 of the Act. As such, Garda Age Cards are not intended for use as a means of identification for other purposes.

Public Order Offences

Questions (180)

Thomas P. Broughan

Question:

180. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of arrests made in respect of persons suspected of having committed public order offences that occurred in seaside resorts in Dublin (details supplied) from Thursday, 30 May to Sunday, 9 June 2013; and if there was an increase in the number of arrests for such offences in these areas when compared with the same period last year and other occasions in 2011 and 2012 when there was a spell of good weather. [29856/13]

View answer

Written answers (Question to Justice)

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.

Public Order Offences

Questions (181)

Thomas P. Broughan

Question:

181. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if there was an increase on a national basis in the number of persons apprehended on suspicion of having committed public order offences during the recent spell of good weather compared with other periods of good weather in previous summers. [29857/13]

View answer

Written answers (Question to Justice)

I am informed by the Garda authorities that Operation Irene is a Regional Operational Plan which commenced in the Dublin Metropolitan Region on 1 June, 2013 and will continue until the 31 August, 2013. The operation incorporates a range of policing actions to be implemented at identified "hot-spots", which with the advent of milder weather, longer evenings and school holidays, may experience an upsurge in anti-social behaviour associated with alcohol consumption. This is a targeted operation to combat under-age alcohol consumption and consumption of alcohol in public spaces throughout the Dublin Metropolitan Region through the enforcement of legislation regulating the sale, supply and consumption of alcohol as well as relevant public order legislation.

The 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.

I have requested the CSO to provide statistics directly to the Deputy.

Garda Deployment

Questions (182)

Brendan Griffin

Question:

182. Deputy Brendan Griffin asked the Minister for Justice and Equality the number of traffic corps gardaí operating in each Garda division each year since its establishment; the current divisional numbers in tabular format; and if he will make a statement on the matter. [29878/13]

View answer

Written answers (Question to Justice)

The Deputy will be aware that the Garda Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no direct function in the matter. This allocation of resources is constantly monitored in the context of demographics, crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.

The Traffic Corps was established in late 2004 and its personnel strength on 31 December 2005 to 2012 and on 30 April 2013, the latest date for which figures are readily available, was as set out in the table hereunder. The Deputy should be aware that a number of Divisional re-alignments took place in 2008 and 2009 and are reflected in the table.

Division

13

12

11

10

09

08

07

06

05

D.M.R.S.C

24

25

25

25

27

22

25

28

17

D.M.R.N.C

19

19

19

20

22

22

23

18

16

D.M.R.N

18

18

21

22

27

22

18

18

18

D.M.R.E

15

15

17

19

18

13

22

19

17

D.M.R.S

13

13

15

16

19

16

22

20

19

D.M.R.W

21

21

22

22

22

20

20

20

18

D.M.R Traffic

137

144

149

155

156

148

151

136

138

Waterford/ Kilkenny

N/A

N/A

N/A

N/A

N/A

64

44

31

16

Wexford/ Wicklow

N/A

N/A

N/A

N/A

N/A

N/A

41

29

16

Waterford

19

22

25

26

31

N/A

N/A

N/A

N/A

Wexford

16

16

21

25

29

33

N/A

N/A

N/A

Tipperary

24

26

28

31

40

46

27

22

13

Kilkenny/ Carlow

35

36

37

38

39

N/A

N/A

N/A

N/A

Cork City

42

45

49

48

51

55

49

39

25

Cork North

34

37

39

40

41

41

36

26

14

Cork West

24

25

28

28

27

35

23

18

11

Kerry

23

25

31

35

35

35

30

23

15

Limerick

31

32

30

34

33

35

32

25

17

Donegal

30

30

32

42

34

39

30

30

23

Cavan/ Monaghan

28

30

29

36

38

37

33

25

16

Sligo/ Leitrim

32

34

33

34

34

26

25

24

15

Louth

20

22

25

25

30

32

N/A

N/A

N/A

Clare

18

18

25

24

29

31

29

19

13

Mayo

16

17

22

27

29

32

26

23

16

Galway

39

40

41

51

47

38

34

30

23

Roscommon/ East Galway

N/A

N/A

N/A

N/A

N/A

29

27

22

16

Longford/ Westmeath

N/A

N/A

N/A

N/A

N/A

48

36

26

14

Louth/Meath

N/A

N/A

N/A

N/A

N/A

N/A

57

46

28

Roscommon/ Longford

23

23

25

23

23

N/A

N/A

N/A

N/A

Westmeath

24

24

26

29

27

N/A

N/A

N/A

N/A

Carlow/Kildare

N/A

N/A

N/A

N/A

N/A

58

47

28

21

Meath

24

22

29

31

30

42

N/A

N/A

N/A

Kildare

40

41

41

40

36

N/A

N/A

N/A

N/A

Laois/ Offaly

26

26

31

35

42

44

39

27

15

Wicklow

24

24

25

30

30

30

N/a

N/A

N/A

* D.M.R.S.C = Dublin Metropolitan Region South Central

* D.M.R.N.C = Dublin Metropolitan Region North Central

* D.M.R.N = Dublin Metropolitan Region North

* D.M.R.E = Dublin Metropolitan Region East

* D.M.R.S = Dublin Metropolitan South

* D.M.R.W = Dublin Metropolitan West

In addition to the Divisional allocation, Gardaí at the rank of Chief Superintendent, Superintendent or Inspector are also allocated to the Traffic Corps on a Regional basis as set out in the table hereunder:

Region

13

12

11

10

09

08

07

06

05

D.M.R.

2

2

2

2

2

3

3

3

N/A

Eastern

1

1

1

1

1

1

1

N/A

N/A

Western

1

1

1

1

1

1

1

N/A

N/A

Southern

1

1

1

1

1

1

1

N/A

N/A

South East

1

1

1

1

1

1

1

N/A

N/A

Northern

1

1

1

1

1

1

1

N/A

N/A

Garda Training

Questions (183)

Brendan Griffin

Question:

183. Deputy Brendan Griffin asked the Minister for Justice and Equality the number of Gardaí trained in the deployment of stingers or other similar devices in each Garda division; and if he will make a statement on the matter. [29879/13]

View answer

Written answers (Question to Justice)

The information requested by the Deputy is not readily available and I will be in contact with the Deputy when the information is to hand.

Garda Equipment

Questions (184)

Brendan Griffin

Question:

184. Deputy Brendan Griffin asked the Minister for Justice and Equality his views on whether armed gardaí should be re-issued with Uzi sub-machine guns or similar weapons; and if he will make a statement on the matter. [29880/13]

View answer

Written answers (Question to Justice)

As the Deputy will be aware, the specific arrangements made by An Garda Síochána in relation to firearms are, as operational matters, dealt with by the Garda Commissioner. In that area the Commissioner determines the appropriate measures to be put in place, including the specific firearms to be deployed, without reference to either myself or my Department.

I understand from the Garda authorities that the Uzi sub-machine gun was withdrawn from general service in An Garda Síochána in 2012. This was done in the light of overall operational arrangements made in respect of the armed capability of the Force.

In view of the nature of the functions involved, it would not be appropriate to comment in detail on how the relevant Garda resources are deployed. However, the Garda authorities are satisfied that the current arrangements in place meet their operational requirements.

Residency Permits

Questions (185)

Bernard Durkan

Question:

185. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected residency status in the case of a person (details supplied) in County Kildare and their family; the procedures to be followed in respect of each family member in order to achieve naturalisation; if an interview with the Irish National Immigration Service can be arranged in respect of their spouse who is having difficulty with accessing information from their home country's embassy; and if he will make a statement on the matter. [29915/13]

View answer

Written answers (Question to Justice)

The person concerned was granted permission to remain in the State on 5 September, 2005, for an initial two year period, under the Revised Arrangements applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. This permission was later renewed for a further three years, to 5 September, 2010, and more recently to 21 February, 2013.

On 1 April, 2013, the person concerned sought to have her permission to remain renewed for a further period. However, her request to the Garda National Immigration Bureau (GNIB) for renewal of registration was refused on that occasion as she was not in a position to produce a valid passport to attest to her identity and nationality, a stipulation provided for under the provisions of Section 9(2)(a) of the Immigration Act 2004.

Given that the permission to remain of the person concerned has lapsed for some four months at this stage, she should now proceed to make a formal written renewal request to the Irish Naturalisation and Immigration Service (INIS), PO Box 10003, Dublin 1. Upon receipt of such a request, the position in the State of the person concerned will be further considered.

I am advised that there is no record of an application for a Certificate of Naturalisation having been submitted by the person concerned.

In relation to the spouse of the person concerned, the position is that his permission to remain was renewed on 29 February, 2012 for a further three years, valid to 20 February, 2015. However, it would appear that he was unable to obtain GNIB registration for the period set out in his permission to remain decision letter owing to his failure to produce a valid passport to attest to his identity and nationality. As a result, he was 'registered' for a six month period, valid to 20 August, 2012, to enable him to take whatever steps were necessary to obtain a valid passport and, having done so, to present it to the GNIB so that his period of registration could be renewed in line with the position set out in his permission to remain decision letter, dated 29 February, 2012.

The Deputy might wish to note that where a person has been granted permission to remain by the Irish Naturalisation and Immigration Service (INIS), the provisions of Section 9 (2)(a) of the Immigration Act 2004 require that person to 'register' with the Garda National Immigration Bureau as soon as possible thereafter. In the context of any application for such registration, the person in question would need to have in their possession the following items:

(i) their original permission to remain decision letter,

(ii) their Passport and

(iii) the requisite registration fee.

Given that the spouse of the person concerned has not, to date, produced a current valid passport, to attest to his identity and nationality, he should proceed to do so without further delay and, having done so, he should present it to the GNIB so that his period of registration can be renewed in line with the position set out in his permission to remain decision letter, dated 29 February, 2012.

However, in the context of the passport related requirement, Section 9 (2)(a) of the Immigration Act 2004 specifically states that "... he, or she, shall, as soon as may be, furnish to the registration officer ... and, unless he or she gives a satisfactory explanation for the circumstances which prevent his or her doing so, produce to the registration officer a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality."

In the event that a person making an application for such registration cannot, in spite of their best efforts, obtain a passport then he or she would need to be able to show, through the production of verifiable documentary evidence, the efforts that they have made to obtain a passport and why they were unable to do so. Where such verifiable documentary evidence is produced, the Garda National Immigration Bureau has the discretionary powers to effect registration without the production of a valid passport, however, this discretion will only be exercised in the most limited of circumstances.

It will be open to the person concerned, and her spouse, to apply to the Citizenship Division of my Department for Certificates of Naturalisation when they are in a position to meet the lawful residency criteria applicable to the lodgment of such applications. Details on the criteria to be met by persons lodging such applications are available from my Department's Website(www.justice.ie).

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.

Naturalisation Applications

Questions (186)

Bernard Durkan

Question:

186. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected position regarding a determination of eligibility for residency-naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29916/13]

View answer

Written answers (Question to Justice)

I 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 November, 2011.

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.

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.

The person referred to currently has permission to remain in the State until 8 September, 2013.

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.

Naturalisation Applications

Questions (187)

Bernard Durkan

Question:

187. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of eligibility for naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29917/13]

View answer

Written answers (Question to Justice)

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.

A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.

Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.

The person referred to currently has permission to remain in the State until 30 April 2015.

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.