Naturalisation Applications

Questions (214)

Tom Fleming

Question:

214. Deputy Tom Fleming asked the Minister for Justice and Equality if he will examine and expedite a naturalisation application in respect of a person (details supplied); and if he will make a statement on the matter. [41232/13]

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. However, the person concerned has made an application for permission to remain in the State on the basis of his marriage to an Irish national. I am advised that the processing of this application is at its final stage and that a decision is expected shortly.

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.

Garda Stations Expenditure

Questions (215)

Billy Kelleher

Question:

215. Deputy Billy Kelleher asked the Minister for Justice and Equality the position regarding the acquisition of a new premises for a Garda Station (details supplied) in County Cork; and if he will make a statement on the matter. [41238/13]

View answer

Written answers (Question to Justice)

As the Deputy will be aware, the purchase of a premises for a new Garda station for Glanmire is currently the subject of legal proceedings. In the circumstances, it would not be appropriate for me to comment in relation to this matter.

Garda Operations

Questions (216)

Terence Flanagan

Question:

216. Deputy Terence Flanagan asked the Minister for Justice and Equality the cost and the number of extra gardaí that were employed to police Arthur's Day; if he will be billing the promoter of the event; and if he will make a statement on the matter. [41252/13]

View answer

Written answers (Question to Justice)

I have sought the relevant information from the Garda authorities and I will contact the Deputy further in relation to this matter as soon as possible.

Garda Operations

Questions (217)

Terence Flanagan

Question:

217. Deputy Terence Flanagan asked the Minister for Justice and Equality the cost and the number of extra gardaí that were employed to police the All-Ireland finals this year; if the GAA is billed for the event; the amount of policing costs which is recouped for concerts in general, across the various stadia throughout the country; and if he will make a statement on the matter. [41253/13]

View answer

Written answers (Question to Justice)

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 Garda non public duty costs associated with the policing of the 2013 All Ireland Finals at Croke Park have not yet been finalised. These costs are met by the GAA.

The table below 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 September 2013 :

Category

2012 Monies Received

2013 (Jan – Sept) Monies Received

Sporting Fixtures

1,954,323

596,483

Concerts/Festivals

738,284

112,592

Other Events

1,431,949

719,879

Total

4,124,556

1,428,954

Land Repossessions

Questions (218)

Mattie McGrath

Question:

218. Deputy Mattie McGrath asked the Minister for Justice and Equality the reason, despite the 2009 Land Conveyancing and Law Reform Act having abolished the powers of the sheriff under section 133, which states that the power of the sheriff or of other persons entitled to exercise the sheriff's powers to seize a tenancy under a writ of fieri facias or other process of execution is abolished, except in relation to a tenancy of land that is used wholly or partly for the purpose of carrying on a business, the sheriff is still exercising his power in seizing tenancy; and if he will make a statement on the matter. [41309/13]

View answer

Written answers (Question to Justice)

The position is that section 133 of the Land and Conveyancing Law Reform Act 2009, which entered into force on 1 December 2009, abolished the sheriff's power to seize a tenancy under a writ of fieri facias except where the land is used wholly or partly for business purposes. Section 131 provides that the term "business" has the same meaning as in the Landlord and Tenant (Amendment) Act 1980. The Deputy will appreciate that sheriffs are not directly accountable to the Minister for Justice and Equality in the performance of their statutory functions.

The operation of the law in this area had been reviewed by the Law Reform Commission in its 'Report on Debt Collection: (1) The Law relating to Sheriffs', and reform was subsequently recommended in its 2004 Consultation Paper 'Reform and Modernisation of Land Law and Conveyancing Law' which formed the basis for the 2009 Act.

Criminal Assets Bureau

Questions (219, 220, 221)

Patrick Nulty

Question:

219. Deputy Patrick Nulty asked the Minister for Justice and Equality the number of persons employed by the Criminal Assets Bureau in each year from 2008 to date 2013. [41322/13]

View answer

Patrick Nulty

Question:

220. Deputy Patrick Nulty asked the Minister for Justice and Equality the annual budget of the Criminal Assets Bureau in each year from 2008 to 2013, inclusive. [41323/13]

View answer

Patrick Nulty

Question:

221. Deputy Patrick Nulty asked the Minister for Justice and Equality the number of cases against persons by the Criminal Assets Bureau in each year 2008 to 2013, inclusive. [41324/13]

View answer

Written answers (Question to Justice)

I propose to take Questions Nos. 219 to 221, inclusive, together.

The resources provided to the Criminal Assets Bureau in terms of budget and staffing numbers for the period 2008-2013 inclusive are set out in table 1. Available data on the numbers of orders obtained under the Proceeds of Crime Act 1996 and 2005 and on the number of cases taken under the Revenue and Social Welfare remit of the Bureau for the period 2008-2013 to date is set out in tables 2-4 below. Further more detailed information concerning the operation of the Bureau is published in the Annual Reports of the Bureau which are made available at www.justice.ie and www.garda.ie.

Table 1: CAB Budget & Staff employed 2008-2013

Year

Budget Outturn

Staff employed

2013

€6,940,000 *

70**

2012

€6,410,000

70

2011

€6,673,000

70

2010

€6,531,000

68

2009

€6,877,000

69

2008

€7,509,000

68

* 2013 Budget allocation as per revised estimates

** 70 authorised (2 vacancies currently being filled) as at 1 October 2013.

Table 2 : Orders taken under the Proceeds of Crime Act 1996 and 2005 for the period 2008-2013

Description re Proceeds of Crime Acts

2008

2009

2010

2011

2012

2013*

Interim orders under Section 2

24

17

14

6

16

N/A

Interlocutory Orders under Section 3 (1)

14

16

17

19

10

N/A

Variation Orders under Section 2 (3)

1

-

-

-

-

N/A

Variation Orders under Section 3 (3)

1

2

3

5

2

N/A

Disposal Orders under Section 4

2

7

-

8

7

N/A

Consent Disposal Orders under Section 4 (a)

11

9

12

15

5

N/A

Receivership Orders under Section 7

25

20

15

16

16

N/A

TOTALS

78

71

61

69

56

N/A

*Please note that figures for 2013 have yet to be compiled

Table 3 : No. of cases taken under the Revenue remit of CAB 2008-2013 to date

Description

2008

2009

2010

2011

2012

2013 to date*

Cases taken under the Revenue remit

31

21

32

34

30

11

Table 4 : No. of cases taken under the Social Welfare remit of CAB 2008-2013 to date

Description

2008

2009

2010

2011

2012

2013 to date*

Cases taken under the Social Welfare remit

13

28

34

27

28

30

* As at 1 October 2013

Deportation Orders Re-examination

Questions (222)

Bernard Durkan

Question:

222. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will re-examine the case of a person (details supplied) in County Longford in respect of whom a deportation order has been made but whose case also merits further consideration in view of the fact that many of his family and local community members in his homeland were executed and that there is considerable evidence to suggest that his life is in danger if he returned to his homeland; if the deportation order will be revoked pending a full investigation, notwithstanding the previous assessment of the case and keeping in mind that considerable change in circumstances has taken place since 2004; and if he will make a statement on the matter. [41334/13]

View answer

Written answers (Question to Justice)

As the Deputy is aware the person referred to is the subject of a Deportation Order signed on 11 March 2005. The Deportation Order was made following a comprehensive and thorough examination of his asylum claim and of his application to remain temporarily in the State. He has been evading his deportation since 19 May 2005 and should he come to the notice of the Garda authorities, he would be liable to arrest and detention. He should, therefore, present himself to the Garda National Immigration Bureau without any further delay.

However, as I previously informed the Deputy in my reply to his previous Parliamentary Question of 25 April 2013, if new information or circumstances have come to light, which have a direct bearing on the case of the person concerned and which has arisen since the original Deportation Order was made, there remains the option of the person concerned applying to me for revocation of the Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However, as I previously stated, such an application would require substantial grounds to be successful.

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.