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Thursday, 18 Jul 2013

Written Answers Nos. 581-593

Residency Permits

Questions (581)

Bernard Durkan

Question:

581. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to the determination of residency-eligibility for naturalisation in the case of a person (details supplied) in County Kildare who is the spouse of an Irish national; if temporary travel documents might issue in the interim; and if he will make a statement on the matter. [36705/13]

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Written answers

I refer the Deputy to my reply to Parliamentary Question No. 408 of 9 July, 2013 which is set out as follows.

I wish to thank the Deputy for the documentation which has been supplied on behalf of the person concerned. Her case is currently being examined and a decision will be conveyed to her in writing in the very near future.

It is open to the person concerned to make an application for an Irish temporary travel document if they believe that they meet the qualifying criteria for same. Details of how to make an application can be found on the INIS website "www.inis.gov.ie" listed under Travel Documents. However, given that the person concerned apparently already holds a Latvian alien's passport to facilitate their travel needs, the issuing of an Irish temporary travel document does not appear to arise. I should add that there is no record of a current application for a certificate of naturalisation from 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

Residency Permits

Questions (582)

Bernard Durkan

Question:

582. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to residency-eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [36706/13]

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Written answers

I can inform the Deputy that the application has entered the final stage of processing and I intend to grant citizenship. A letter has issued to the person referred to by the Deputy asking him to submit the prescribed fee and other documents. Upon receipt of the fee and documentation, the case will be finalised.

The person concerned will be invited in due course to attend a citizenship ceremony, at which he will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive his certificate of naturalisation.

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 (583)

Bernard Durkan

Question:

583. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 551 of 2 July 2013, the current reckonable period of eligible residency calculable for eligibility for naturalisation and valid application in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [36707/13]

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Written answers

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. An online residency calculator is available on the website www.inis.gov.ie which may be of assistance in establishing if the residency requirements are met.

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.

Question Nos. 584 and 585 answered with Question No. 498.

Proposed Legislation

Questions (586)

Jerry Buttimer

Question:

586. Deputy Jerry Buttimer asked the Minister for Justice and Equality in relation to the Family Relationships and Childrens Bill, if he will consider including providing legislative basis to recognise the rights of grandparents regarding access, particularly in cases of children in the care of the State; and if he will make a statement on the matter. [36764/13]

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Written answers

Under the law as it stands, a relative of a child may apply for access to the child. The relevant provision is section 11B of the Guardianship of Infants Act 1964, as as inserted by the Children Act 1997. There are existing recommendations for simplification of this provision in the Law Reform Commission's report on Legal Aspects of FamilyRelationships, because it currently involves a two stage process in which the person seeking access must first obtain the leave of the court to make the application for access. I am considering this recommendation in developing the Family Relationships and Children Bill.

Appointments to State Boards

Questions (587)

Catherine Murphy

Question:

587. Deputy Catherine Murphy asked the Minister for Justice and Equality the present gender balance of the total members of State boards under the aegis of his Department; if the ratio has changed significantly over the course of the present Government's term; and if he will make a statement on the matter. [36793/13]

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Written answers

The gender balance of State boards under my aegis is monitored annually by my Department for progress in reaching a target of at least 40% representation of both sex. This target was reiterated by the present Government in its Programme for National Recovery 2011 - 2016 and in a Government decision in December last. Early in its term, the new Government approved a transparency proposal in April 2011 requiring future vacancies on State boards to be advertised on relevant Department websites as well as directing attention to Government policy on gender balance on State boards.

The table shows the representation of women and men on State boards under the aegis of the Department of Justice and Equality from 2008 to 2011. The figures show the numbers on boards at years end excluding any vacancies.The figures for 2012 are being compiled at present and will be presented to Government shortly.

Although still below the 40% target set, the figure for 2011 shows a noticeable and welcome improvement over previous years in the representation of women on boards under the aegis of my Department. I will continue to monitor progress and report to Government while being mindful of the commitment in the Programme for Government in making future appointments to State boards under my auspices.

Department of Justice and Equality Gender Balance on State Boards

Year End

Total

Male

Male

%

Female

Female

%

2011

291

185

63.6

106

36.4

2010

285

198

69.0

87

31.0

2009

199

139

70.0

60

30.0

2008

317

223

70.3

94

29.7

Defence Forces Personnel

Questions (588)

Seán Fleming

Question:

588. Deputy Sean Fleming asked the Minister for Defence if there is a mechanism in place whereby a person who is a member of the Defence Forces at private level has been granted a year's leave of absence but wishes to return after three months can be facilitated; and if he will make a statement on the matter. [35962/13]

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Written answers

I am advised by the military authorities that the procedures for personnel returning from leave of absence are set out in detail in Defence Forces Administrative Instruction Part 11. Administrative Instruction Part 11 provides that before Defence Forces personnel can return from a period of leave of absence there must be a suitable vacancy within the individual’s parent unit or brigade. When a suitable vacancy arises the individual must then complete a medical and obtain a medical category certifying that they are fit to return to duty. This medical category shall not be higher than the individual’s medical category prior to proceeding on their leave of absence. Personnel, who have been granted leave of absence, but who wish to cancel part of this leave of absence prematurely, can make an application to do so through their Parent Unit. The procedure followed in such cases is the same as if the individual was returning having completed the full term of their agreed period of leave of absence.

Question No. 589 answered with Question No. 25.

Naval Service Vessels

Questions (590)

Andrew Doyle

Question:

590. Deputy Andrew Doyle asked the Minister for Defence if he will provide, in tabular form, the date and name of the vessel of the Irish Naval Service, of their patrols and visits to Rockall Island over the past ten years; and if he will make a statement on the matter. [36144/13]

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Written answers

Naval Service ships, when conducting fishery protection patrols, may pass the Rockall rock whilst transiting to and from concentrations of fishing vessels operating in the general area. For operational reasons, it is not possible to give precise information on Naval Service patrols.

Defence Forces Medicinal Products

Questions (591, 592, 593)

Aengus Ó Snodaigh

Question:

591. Deputy Aengus Ó Snodaigh asked the Minister for Defence the number of Malarone tablets that was issued by medical personnel to soldiers serving oversea since 2000. [36149/13]

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Aengus Ó Snodaigh

Question:

592. Deputy Aengus Ó Snodaigh asked the Minister for Defence if there was a distinction by ranks when dispensing Larium or alternative to soldiers and officers serving on missions in Liberia. [36150/13]

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Aengus Ó Snodaigh

Question:

593. Deputy Aengus Ó Snodaigh asked the Minister for Defence if the documents signed by COs, NCOs or other ranks assenting to taking the anti-malaria drugs whether it was Larium or in case or some Malarone, have been retained and if they are part of the individual soldier's medical file. [36151/13]

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Written answers

I propose to take Question Nos. 591 to 593, inclusive, together.

The Military authorities advise that records are only available for Malarone tablets purchased since February 2006. Between 2nd February 2006 and 16th July 2013 1,804 boxes of Malarone have been purchased by the Brigade Medical Service. Each box contains 12 tablets. Information is currently being compiled on the number of tablets issued and I will forward this collated information to the Deputy when it becomes available.

There was no distinction by ranks when dispensing Lariam or alternatives to soldiers and officers when serving on missions in Liberia or any other location. The decision on the malaria chemoprophylactic agent is dictated not by rank but depends on the risk and type of malaria in the destination, resistance to particular drugs, the profile of the traveller (contra-indications, underlying health conditions, purpose of travel), the duration of travel and adherence issues and the mission in question.

There is no provision on an individual soldier’s medical file to record or specifically give his/her assent to any of the vaccinations or other medical elements for overseas service.

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