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Thursday, 11 Jul 2013

Written Answers Nos. 170 - 189

Water and Sewerage Schemes Status

Questions (170, 171)

Bernard Durkan

Question:

170. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government if and when consideration will be given to the approval of the group/small sewerage scheme at Kilmacraddock, Maynooth, County Kildare; and if he will make a statement on the matter. [34114/13]

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Bernard Durkan

Question:

171. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the number and location of small or group sewerage schemes submitted to his Department for approval; when such approval is likely; and if he will make a statement on the matter. [34115/13]

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Written answers

I propose to take Questions Nos. 170 and 171 together.

Responsibility for the administration of the Rural Water Programme, which includes group sewerage schemes, has been devolved to local authorities since 1997. In December 2012, I announced an increase in the grant for group sewerage schemes to €6,500 per house or 75% of the cost of the scheme, whichever is the lesser. The previous rate of grant available was €2,031.58 per house or 75% of the cost, whichever was the lesser. I propose, in the first instance, to carry out a number of pilot schemes based on the increased grant level. My Department asked local authorities to include in their requests for funding under the 2013 Rural Water Programme proposals for pilot group sewerage schemes which might be viable based on the increased grant.

Following an examination of the proposals received, with particular regard to the environmental justification provided and the estimated costs, I approved grant assistance last March towards eight pilot schemes in eight different counties, including one, with an estimated cost of €80,000, at Boston Cottages in Co. Kildare. The proposal received from Kildare County Council for Kilmacredock, which had an estimated cost of €800,000, was not selected as a pilot scheme. Progress on the selected pilot schemes will be reviewed in due course with a view to deciding how best to proceed with the grant scheme. Information on the number and location of the pilot group sewerage schemes proposals submitted by the local authorities is being compiled and will be sent to the Deputy as soon as possible.

Immigration Policy

Questions (172)

Andrew Doyle

Question:

172. Deputy Andrew Doyle asked the Minister for Justice and Equality the circumstances in which a citizen of the United States of America may attend schools in Ireland; and if he will make a statement on the matter. [34071/13]

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Written answers

Comprehensive information in relation to non-EEA student immigration is available on the dedicated student page of the Irish Naturalisation and Immigration Service website at www.inis.gov.ie. Detailed guideline notes are available in respect of students seeking to study a degree programme course, a language or non-Degree programme course as well as information regarding post study pathways. In addition, students may contact the following e-mail facility studentreviewgroup@justice.ie if they have queries not addressed by the information available online.

Prisoner Data

Questions (173)

Clare Daly

Question:

173. Deputy Clare Daly asked the Minister for Justice and Equality the number of prisoners in each institution serving sentences of greater than five years; the number of prisoners in each institution serving sentences of greater than seven years; and if he will make a statement on the matter. [33943/13]

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Written answers

I am informed by the Director General of the Irish Prison Service that on 30 June 2013, 1,512 persons or 36% of the prison population were serving sentences of 5 years or more. A full breakdown of the number of persons imprisoned for 5 years to less than 7 years and for 7 years or more is set out in the table. In cases where a person is serving multiple sentences, they are categorised on the basis of their most serious offence.

Establishment

5 years to less than 7 years

7 years or more

Arbour Hill Prison

15

106

Castlerea Prison

37

61

Cloverhill Remand Prison

10

8

Cork Prison

16

23

Limerick Prison (Female)

1

1

Limerick Prison (Male)

18

36

Loughan House

31

17

Midlands Prison

128

250

Mountjoy Prison (Female)

10

16

Mountjoy Prison (Male)

91

139

Portlaoise Prison

53

99

Shelton Abbey

21

18

St. Patrick's Institution

9

1

The Training Unit

20

39

Wheatfield Prison

86

152

Total

546

966

Anti-Social Behaviour

Questions (174)

Finian McGrath

Question:

174. Deputy Finian McGrath asked the Minister for Justice and Equality the plans that are in place to deal with anti-social activity during the hot weather. [33963/13]

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Written answers

I am advised that the Garda authorities are of course aware of the potential for anti-social behaviour during periods of good weather, and in particular in relation to the consumption of alcohol in public places, and am further advised that additional resources are deployed where necessary to deal with this issue. In particular, Operation IRENE, which is in place for the months of June, July and August, incorporates a range of policing actions to be implemented at identified locations, which with the advent of warmer weather and longer evenings may experience an upsurge in anti-social behaviour associated with alcohol consumption. This is a targeted operation to combat under-age alcohol consumption and the 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.

I am also informed that, nationally, local Garda management closely monitors patrols, and other operational strategies in place, in conjunction with crime trends and policing needs of local communities to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public. In this regard, proactive mobile policing patrols are in place, focusing on urban centres, large open areas, public parks, harbour villages, coastal areas and key tourist locations to combat all forms of anti social behaviour, in particular drinking in public places. Special attention is also being paid to licensed premises and off licenses and all available resources, including members of the Garda Reserve, are being utilised in support of a high visibility policing strategy.

Furthermore, extra patrols are being conducted in the vicinity of beach/holiday resorts during the hot weather in order to prevent anti-social behaviour and also to regulate and to deal with traffic management particularly at the weekends. I am advised that this will continue as required throughout the summer period and that all incidents of anti-social behaviour will be dealt with in accordance with the relevant legislation.

Policing at Concerts

Questions (175)

Thomas P. Broughan

Question:

175. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the amount of revenue that was provided to An Garda Síochána from the RDS, FAI, GAA, IRFU and any other body towards the cost of policing at large events in 2012 and to date in 2013. [34002/13]

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Written answers

The Garda Commissioner is the Accounting Officer for the Garda Vote. In that context, I am informed by the Garda authorities that details of the overall payments made by the bodies referred to by the Deputy, in respect of the policing of major sporting and entertainment events, are not readily available and that the extraction of the relevant information would require a disproportionate amount of Garda resources. However, the following table has been provided by the Garda authorities and it outlines the monies recouped to An Garda Síochána for policing services at various events over the period Jan 2012 to June 2013.

Category

2012 Monies Received

2013 (Jan – June) Monies Received

Sporting Fixtures

1,954,323

520,035

Concerts/Festivals

738,284

83,126

Other Events

1,431,949

613,109

Total

4,124,556

1,216,270

Garda Training

Questions (176)

Thomas P. Broughan

Question:

176. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of members of An Garda Síochána that have completed the intoxilyzer course in 2011, 2012 and to date in 2013. [34003/13]

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Written answers

I am informed by the Garda authorities that 1,014 Garda members completed training in the use of the evidential breath testing instrument in 2011 with training delivered to 72 Garda members in 2012 and 147 to date in 2013.

Sentencing Policy

Questions (177)

Maureen O'Sullivan

Question:

177. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the number of prisoners that have applied for enhanced remission since its introduction; the number of prisoners whose applications have been refused; the number of prisoners who have been granted enhanced remission; the way the Government intends to legislate for commitments made in the programme for Government regarding remission for violent and sexual offenders; and if he will make a statement on the matter. [34006/13]

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Written answers

The granting of sentence remission is a feature of many prison systems worldwide and has been a feature of the Irish criminal justice system since the foundation of the State. The Courts are aware of the statutory entitlement to remission when passing sentence. Section 59 (2) of the Prison Rules, 2007 allows for the discretionary granting of additional remission, up to one third as opposed to the standard rate of one quarter, where a prisoner has shown further good conduct through his engagement in authorised structured activity and where, as a result, the prisoner is less likely to re-offend and will be better able to reintegrate into the community.

This additional concession will only be awarded in exceptional cases and where I am satisfied beyond any doubt that the prisoner concerned has demonstrated that she/he meets the requirements as set out in the Prison Rules. I should also point to the fact that despite this additional opportunity to earn additional remission our remission rates are significantly below those currently operating in the UK and Northern Ireland where rates of 50% are in place.

While there have been a number of applications for extra remission to date one prisoner has been granted this concession. It is not possible to provide the exact number of applications as each case is dealt with on an individual basis and this would require the manual examination of records going back over a considerable time period. Such an examination would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources.

The discretionary granting of additional remission, as opposed to the standard rate of one quarter, will be considered where a prisoner has shown the following:

(i) to have displayed good industry in prison and continue to be of good conduct

(ii) to display willingness to seek employment through education/course work whilst in prison to enhance their chances of gaining employment upon release;

(iii) through engagement in authorised structured activity and where, as a result, the prisoner is less likely to re-offend and will be better able to reintegrate into the community.

An essential part of the criteria for rewarding one third remission is that applicants engage in offence focused work which in turn should lead to a reduced risk of re-offending.

In September, 2012 I appointed a group to carry out a Strategic Review of Penal Policy. This group are currently examining all aspects of penal policy including prevention, sentencing policies, alternatives to custody, accommodation and regimes, support for reintegration and rehabilitation and the issue of female prisoners. The general issue of remission, including its use in the context of sexual and violent offenders, will fall within the remit of that review and I will await their recommendations before making any decision on this matter.

Prisoner Releases

Questions (178)

Maureen O'Sullivan

Question:

178. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the number of prisoners who have participated in community return schemes from each institution; the number of prisoners from each institution who have successfully completed community return schemes; the number of prisoners from each institution who failed to complete community return schemes and were returned to prison; and if he will make a statement on the matter. [34007/13]

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Written answers

The information requested by the Deputy is set out in the following table and is accurate as of 9 July 2013.

Institution

Participants

Completions

Breaches

Did not complete for medical reasons

Castlerea

7

6

0

0

Cork

39

24

9

0

Dochas

21

12

2

0

Limerick

50

27

7

1

Loughan House

76

45

3

4

Midlands

51

35

10

1

Mountjoy

68

47

14

2

Portlaoise

8

3

2

0

Shelton Abbey

135

102

5

1

St Patrick's

28

13

5

0

Training Unit

54

41

2

2

Wheatfield

37

22

7

0

Total

574

377

66

11

The Deputy will be aware that the Irish Prison Service Three Year Strategic Plan 2012-2015 and the recently published Joint Prison Service/Probation Service Strategic Plan 2013-2015 includes commitments to ensure that all prisoners released early from custody are placed on appropriate structured programme of temporary release. The Community Return Scheme is a recently introduced initiative whereby carefully selected prisoners can be granted reviewable temporary release coupled with a requirement to do community service work such as painting, gardening or graffiti removal in a supervised group setting. The type of work involved is intended to assist the community and the scheme is involved with a large number of charitable organisations and local community groups.

As the above information illustrates, the results of the Community Return Scheme have to date been extremely positive with almost 90% of participants having successfully completed their obligations or are currently complying with the conditions of their early release. Any participant in the Community Return Scheme who fails to comply with the conditions of their release is immediately returned to prison. As I have previously advised the Deputy, feedback from the participants has been positive with many commenting on the supports and structure that it gives them on their release and how it has assisted in their transition back into the community.

Prison Medical Service

Questions (179)

Maureen O'Sullivan

Question:

179. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if standard audit tools to measure health care equivalence in the prison system have been developed; if these tools have been implemented and audits carried out; the results of these audits; if changes have been made to health care in line with audit recommendations; and if he will make a statement on the matter. [34008/13]

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Written answers

I wish to inform the Deputy that the Irish Prison Service Three Year Strategic Plan 2012-2015, under Strategic Action 3: gives a commitment to provide equivalence of care to all prisoners in custody and to develop audit tools to measure such equivalence. The Irish Prison Service developed a set of Healthcare Standards which were published in June 2004, setting out the standards expected under each of the seven main areas of care. These standards were externally audited by KPMG in 2008. At that time compliance with standards varied significantly across prisons (38%-61%). Issues relating to awareness of the standards, healthcare facilities, utilisation of healthcare staff, absence of a local healthcare management grade, availability of drug treatment, record keeping and absence of administrative support were highlighted.

Since this audit there has been a significant improvement in many areas of care. An awareness campaign regarding the content of healthcare standards has been undertaken. All healthcare staff receive training on the standards at induction. Each closed prison now has a local healthcare nursing management structure in place, which has improved the management of healthcare staff and the coordination of healthcare inputs. Healthcare facilities in Arbour Hill, Cork, Limerick, Castlerea, Midlands, Mountjoy, Portlaoise and Wheatfield have been significantly upgraded. Loughan House healthcare facilities are currently under construction. Healthcare records are now fully computerised and one single healthcare record is maintained for each prisoner, with all healthcare professionals contributing to the single patient record.

The Irish Prison Service is in the process of carrying out a pilot audit with a view to informing a review of the current standards, to meet the changing healthcare needs of prisoners. The Irish Prison Service has commenced discussions with the Irish College of General Practitioners to seek to identify and implement primary care standards for prison medical services and to devise a suitable audit methodology. A collaborative approach between the Irish College of General Practitioners and the Irish Prison Service will ensure that a robust tool is developed which can be consistently applied. Conclusions arising from such audits can be implemented to ensure that the standard of care delivered to prisoners is equivalent to that which is available in the community. It is intended that a phased audit of prison healthcare will commence in the autumn.

EU Treaties

Questions (180)

Andrew Doyle

Question:

180. Deputy Andrew Doyle asked the Minister for Justice and Equality if he will outline the implications for Ireland as a result of the decision by the British Home Secretary, Rt. Hon. Theresa May, on further opt-outs by the United Kingdom on EU justice and home affairs, announced on 8 July 2013; and if he will make a statement on the matter. [34075/13]

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Written answers

The British Home Secretary made an announcement to the UK parliament, on Tuesday 9 July on the UK’s position regarding its opt-out provided for under Protocol 36 to the Lisbon Treaty concerning pre-Lisbon EU criminal justice and police cooperation measures. The decision is that the UK will be opting-out on 1 December 2014 from the pre-Lisbon police and criminal law cooperation measures, but will seek to rejoin 35 measures, including the European Arrest Warrant and certain other measures which it regards as important tools to maintain effective operational EU police and judicial cooperation. The decision announced by the Home Secretary on Tuesday is subject to a vote in the UK parliament next week.

The UK decision is likely to have implications for Ireland and all other EU Member States. I have previously raised the matter in discussions with members of the UK government. I expressed concerns over the possible implications of the proposed opt out for the excellent and and extensive cooperation between the respective law enforcement authorities of Ireland and the UK, much of which takes place within the framework of EU law. It is particularly important that the cooperation between the two jurisdictions in tackling so-called dissident republican activity should not be hindered, and I emphasised the vital role of the European Arrest Warrant in this regard. Accordingly I very much welcome the UK's stated intention to seek to opt back into the European Arrest Warrant.

Ireland will examine the detailed implications of the UK's announcement. It is intended to liaise closely with the UK authorities and with other EU Member States with a view to ensuring that levels of EU criminal law cooperation are maintained to the greatest degree possible.

Crime Prevention

Questions (181)

Paschal Donohoe

Question:

181. Deputy Paschal Donohoe asked the Minister for Justice and Equality the actions that are open to An Garda Síochána in respect of begging; and if he will make a statement on the matter. [34081/13]

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Written answers

The law on begging is set out in the Public Order Act 2011. The Act defines begging as requesting or soliciting money or goods other than in accordance with a licence, permit or authorisation. Section 2 of the Act makes it an offence while begging to harass, intimidate, assault or threaten any other person or persons, or obstruct the passage of persons or vehicles. Section 5 makes it an offence to organise or direct begging, and it is an offence under Section 6 to live off the proceeds of begging.

There is also provision contained in Section 3 (2) in relation to begging at certain locations, including at or near automated teller machines or vending machines, and members of An Garda Síochána may direct a person begging at such a location to leave the vicinity. Section 4 of the Act also gives Gardaí powers of arrest without warrant where there are reasonable grounds to believe that offences under this legislation have been committed. In addition to these provisions, Section 247 of the Children Act, 2001 provides for an offence of causing, procuring or allowing children to beg, and Gardaí have powers of arrest under section 254 of the 2001 Act where there are reasonable grounds to suspect that such an offence has been committed or attempted.

Gardaí also have powers under public order legislation in relation to anti-social behaviour generally and in this regard may identify "hotspots" for the commission of relevant offences which are then proactively monitored. In addition, local Garda management oversees all operational strategies in place, in conjunction with crime trends and the policing needs of local communities, to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public.

Immigration Policy

Questions (182)

Pearse Doherty

Question:

182. Deputy Pearse Doherty asked the Minister for Justice and Equality the progress made on plans to progress the Immigration, Residence and Protection Bill; if this will substantially simplify and streamline the existing arrangements; if the reorganisation of the protection application processing framework will remove the current multi-layered processes and provide applicants with a final decision on their application in a more straightforward and timely fashion; the date on which this system will be implemented; and if he will make a statement on the matter. [34120/13]

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Written answers

I refer the Deputy to my reply to Questions 474 and 487 of 25 June 2013, reproduced hereunder. The position in those respects remains unchanged.

"Work on the details of the Immigration, Residence and Protection Bill 2010 is ongoing at my Department pursuant to current Government policy which is committed, under the Programme for National Recovery, to "introduce comprehensive reforms of the immigration, residency and asylum systems, which will include a statutory appeals system and set out rights and obligations in a transparent way.

As I have outlined previously to the Joint Committee on Justice, Equality and Defence, several hundred amendments to the Bill are anticipated, the majority of a technical nature. I also expressed the considered view that instead of engaging in an extremely cumbersome process of tabling hundreds of amendments to the 2010 Bill, it would be much more efficient to publish a new and enhanced text. Such an approach can incorporate the many anticipated amendments while addressing key outstanding issues, several of which have been of concern to Members including those being raised by the Deputy on this occasion. This proposition was broadly welcomed by the Joint Committee and work on the Bill continues, therefore, on that basis while also taking account of any intervening matters of relevance such as decisions by the Courts.

It remains my objective under this new approach, and subject to having to deal with the competing legislative demands of our EU/IMF/ECB Programme commitments, to be in a position to bring a revised Bill to Government for approval and publication before the end of the year.

Pending the enactment and commencement of the new legislation and with a view to improving processing in the area of international protection, I am proposing to introduce new arrangements for the processing of subsidiary protection applications in light of recent judgments in the Superior Courts. My Department, in consultation with the Attorney General's Office, is developing a new legislative and administrative framework for the processing of current and future subsidiary protection applications. This work is being given high priority and applicants will be advised of the new arrangements as soon as possible."

As I have stated on previous occasions, the introduction of a Single Procedure under the Immigration, Residence and Protection Bill for applications for international protection will remove the current multi-layered and sequential process and this will result in applicants being provided with a decision on their applications in a more timely manner.

Garda Transport Data

Questions (183)

Dara Calleary

Question:

183. Deputy Dara Calleary asked the Minister for Justice and Equality the total number of Garda vehicles permanently located for normal police duties, excluding any vehicle that may be in the county as part of a specific policing operation, to County Mayo at 30 June 2013 and that were permanently assigned to County Mayo on 30 June 2012 and 30 June 2011; the number of new vehicles due to be assigned to the county for 2013 and the number actually delivered up to 30 June 2013; the reason there has been a delay in locating the assigned number of vehicles in the county; and if he will make a statement on the matter. [34130/13]

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Written answers

Decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of his identified operational demands and available resources. In that context, I am advised by the Garda authorities that the number of Garda vehicles assigned to the Mayo division on the dates referred to by the Deputy was as outlined in the table.

YEAR

Mayo Division

30 June 2011

59

30 June 2012

54

30 June 2013

54

I am further informed that, to date, 7 new vehicles have been allocated to the Mayo Division in 2013. In addition, I understand it is anticipated that a further 2 vehicles will be assigned to the Division in the near future.

Overall, the Deputy will be aware that an additional €3 million was made available towards the end of last year which enabled the Force to procure 171 vehicles. This brought total investment in the Garda fleet in 2012 to €4 million and resulted in a total of 213 new vehicles being procured during the year. Furthermore, a specific allocation of €5 million has been provided for the purchase and fit-out of Garda transport in the current year. I am informed by the Garda authorities that to date this investment has resulted in 133 new vehicles being procured.

This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. It is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to deliver an effective and efficient policing service. In keeping with this approach, I will continue to seek to identify the potential for additional funding for the Garda Fleet. This will, of course, be contingent on expenditure in other areas across and outside the Justice Sector.

Asylum Applications

Questions (184)

Brendan Ryan

Question:

184. Deputy Brendan Ryan asked the Minister for Justice and Equality if he will provide a breakdown of the numbers of persons who have been granted leave to remain annually for the years 2008 to 2012, inclusive, and to date for 2013; and if he will make a statement on the matter. [34132/13]

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Written answers

As outlined in reply to PQ number 472 of 25 June last, the number of persons granted leave to remain following consideration of their individual cases under Section 3 of the Immigration Act 1999 for the period 2008 – 2010 are published in the Justice Annual Report http://www.justice.ie/en/JELR/DJLR%20Annual%20Report%202010.pdf/Files/DJLR%20Annual%20Report%202010.pdf. The corresponding figures for 2011 are 1,101 and provisional figures for 2012 and to the end of June this year are 564 and 261 respectively. For the sake of completeness, many other immigrants are routinely granted permission to reside in the State by virtue of their status as immigrant spouses, workers, students and so forth.

Immigration Status

Questions (185)

Bernard Durkan

Question:

185. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency/entitlement to consideration for naturalisation in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [34138/13]

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Written answers

The person concerned has been granted permission to remain in the State for the period to 7th June, 2016. This decision was conveyed in writing to the person concerned by letter dated 7th June, 2013. It will be open to the person concerned to apply to the Citizenship Division of my Department for a Certificate of Naturalisation when he is in a position to meet the lawful residency criteria applicable to the lodgement of such applications. Details on the criteria to be met by persons lodging such applications are available from the Irish Naturalisation and Immigration Service Website (www.inis.gov.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 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 position regarding progress in determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [34139/13]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in June, 2013. As this application was only received last month, my officials need time to consider it. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and in this regard further information was requested from the person concerned in a letter issued on 9th July, 2013 regarding her addresses since her arrival in the State. Once the requested information has been received the application will be further processed and 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.

Immigration Status

Questions (187)

Bernard Durkan

Question:

187. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in regard to examination of residency credentials prior to determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [34140/13]

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Written answers

I have been informed by Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy, currently does not have an application pending with General Immigration. This person arrived in the State on 27/09/2007 and was granted permission to remain in the State until 15th February, 2013. Since then, the person would appear to have remained here without the appropriate permission.

This is in breach of Section 5(1) of the Immigration Act 2004 which provides that no non-national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State. The person is advised to contact their local registration officer, An Garda Síochána immediately. The new student pathway provisions on www.inis.gov.ie may be of assistance in any application the person may wish to make for further permission.

Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using Oireachtas Mail facility which has been specifically established for this purpose. This services 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 (188)

Bernard Durkan

Question:

188. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding eligibility for naturalisation in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [34141/13]

View answer

Written answers

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 December, 2011. 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.

Naturalisation Applications

Questions (189)

Bernard Durkan

Question:

189. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to include a child, now aged 17, on an application for naturalisation and or provision of Stamp 4 in respect of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [34142/13]

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Written answers

The first person concerned was granted temporary permission to remain in the State in 1997 under the arrangements then in place for non-EEA parents of Irish born children born in the State prior to 1 January, 2005. The permission was renewed on a regular basis by the Garda National Immigration Bureau (GNIB) with the latest renewal valid until 29 September, 2016. The second person concerned is her dependant child.

I would advise the second person concerned or her parent to submit a written application for temporary permission to remain in the State to the Irish Naturalisation and Immigration Service (INIS) c/o PO Box 10003, Dublin 1. The documentation to be submitted with the application should include a colour copy of her parent's current GNIB card, original passport, two passport size photos, signed on the back, birth certificate and letters from school/college to prove continuous residency in the State. Upon receipt of the appropriate documentation, her case will be examined by the relevant officials in the INIS and a decision communicated to her in due course.

The first person concerned submitted an application for a Certificate of Naturalisation in December 2011. This application is currently at an advanced stage of processing and will be submitted to me for decision in due course. Should I decide to grant the application, the parent may then submit an application on behalf of the second person concerned, if she is under the age of 18. Otherwise, it is open to her to submit an application for a Certificate of Naturalisation in her own right.

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.

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