Written Answers Nos. 195 - 203
195. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if all outstanding documentation required for consideration of the case has been received in his Department in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [41749/13]
View answerThe position in the State of the person concerned is as set out in my detailed Reply to the Deputy's earlier Question, PQ No. 1056 of Wednesday, 18th September, 2013 - copied beneath. I can, however, confirm that the person concerned has, in recent weeks, provided further documentation. The Deputy can be assured that this documentation, together with all other information and documentation on file, will be fully considered in advance of a final decision being made.
The person concerned is a failed asylum applicant. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 31st October, 2000, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making written representations to the then Minister setting out the reasons why a Deportation Order should not be made against him. While written representations were submitted by and on behalf of the person concerned, no final decision was made in the case at that time.
Given that there was no further contact from or on behalf of the person concerned for some considerable time, it was taken that he had left the State and, as such, no further consideration was given to his case file. However, his case file was re-activated in May, 2008 when correspondence was received from his then legal representative indicating that further representations would be submitted. No further representations were submitted at that time. However, in June 2013, the legal representative of the person concerned made contact with this Department and, as a result, his case file has been re-activated.
The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.
196. Deputy Patrick Nulty asked the Minister for Justice and Equality his plans for a site (details supplied) in Dublin 8; and if he will make a statement on the matter. [41778/13]
View answerThe site in question was acquired some time ago. A number of issues subsequently arose surrounding title to the property which have taken time to resolve. The future use of the site is under consideration at present but a final decision has not yet been made.
197. Deputy Sandra McLellan asked the Minister for Justice and Equality his views on whether it is acceptable that asylum seekers and their children are housed in reception centres which lack adequate facilities for any meaningful recreational activity; his views on whether it is imperative that children and young persons have access to open space and sports areas irrespective of their parents' status; and if he will make a statement on the matter. [40891/13]
View answerThe Reception and Integration Agency (RIA), an operational unit of the Irish Naturalisation & Immigration Service (INIS) of my Department, is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision. There are currently 4,414 persons seeking international protection residing in 34 Direct Provision accommodation centres across 16 counties under contract to RIA. Of these residents, approximately a third are children under the age of 18.
I should firstly commend to the Deputy RIA's 2012 Annual Report available on its website - www.ria.gov.ie - which includes greater detail than before on family make up in centres as well as additional information on facilities for children in each of the centres involved.
The Direct Provision system is unique and there is no direct comparison with other types of accommodation where children would reside, be they houses with gardens or apartment buildings. Some accommodation centres have more outdoor and indoor facilities than others. However, any suggestions that children in these centres do not have opportunities for meaningful recreation activities are wide of the mark. Further details are available in the Report mentioned above. Of the current 34 asylum centres in RIA's portfolio, only 3 were specifically built for the sole purpose of accommodating asylum seekers, that is, they were 'purpose-built'. All other centres must operate within the physical limitations of the premises' original use e.g. hotel, college dormitory, hostel, etc. While all conform, at the very least, to minimum contractual and legislative standards, there are necessarily a range of facilities available in centres in the overall RIA portfolio, deriving from their original use.
RIA and centre management work with local schools, community groups, sports clubs and NGO's to link children and families into community initiatives, sports and other activities to ensure access to the best available package of services. Children of asylum seekers can access recreational facilities available in the locality in which they are living. Some Direct Provision Centres have on-site playgrounds. Many centres will also facilitate NGO’s who organise outings etc. Centres also have links with local community facilities which allow for free and discounted access to amenities outside of the accommodation centre.
It is worth noting that asylum seeker children benefit from access to primary and secondary education on the same basis as Irish citizen children in the local community, and both schools and the Community Welfare Service are very supportive of those children in assisting with any associated costs in respect of equipment and transport. An exemption from fees for State Examinations is also available to asylum seekers who are holders of medical cards. Homework clubs and quiet spaces are provided in family centres to facilitate children doing their homework.
On-site pre-school services are available in some of the larger direct provision centres. However, in all cases parents may opt to send their children to privately run pre-schools in the community. The Early Child Care and Education (ECCE) Scheme provides for free pre-school placements to all children, including children of asylum seekers in direct provision accommodation.
198. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive payment for their agri-environment options scheme 2; the reason for the delay; and if he will make a statement on the matter. [41571/13]
View answerThe person named was approved for participation in the 2011 Agri-Environment Options Scheme with effect from 1 September 2011. Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. The person named was selected for a ground inspection which took place on 8 May 2012. During this inspection, areas of non-compliance with the terms and condition of the scheme were noted in relation to the Riparian Margin action which resulted in a penalty of 10% being imposed.
On 16 July 2012, a letter issued to the person named informing him of this penalty and outlining the appeal options. The person named submitted an appeal to the Agriculture Appeals Office but the appeal was subsequently withdrawn. The application is being processed on the basis of the inspection findings and payment will issue shortly. Payments in respect of the 2012 Scheme year are subject to a similar administrative checking process which includes verification of capital investments through checks on receipts. These checks have now been completed and following the payment for 2011, the payment in respect of 2012 will be finalised.
199. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when headage payment will issue in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [41573/13]
View answerAs processing of the 2013 Disadvantaged Areas Scheme application has recently been finalised, payment will shortly issue to the nominated bank account of the person named.
200. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine the position regarding an overpayment issue in respect of persons (details supplied) in County Limerick; and if he will make a statement on the matter. [41612/13]
View answerI understand that the issue pertaining to the execution of the repayment agreement has been resolved. My Department has recently informed the persons named of same.
201. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine if he will provide a detailed explanation regarding a deduction made from the disadvantaged area scheme payment in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [41624/13]
View answerThe person named had an outstanding debt in relation to the 2010 Agri Environment Options Scheme which totalled €1,275.89 along with interest of €21.29. As the person named did not reimburse this payment to AEOS Section, it was recouped from the applicant’s Disadvantaged Area Scheme payment.
The person applied for and was accepted into the Agri-Environment Options Scheme with effect from 1 September 2010. Payment of €1,275.89 issued to them in respect of 2010. Payment in respect of the 2011 Scheme year is subject to an administrative checking process and during this checking his claim for tree planting was deemed ineligible. As the tree planting action was necessary for the applicant’s eligibility for the Scheme, his contract was terminated. The applicant appealed this decision and the file was reviewed and the original decision upheld.
A letter issued to the applicant on 9 January, 2013 informing him that he must repay the €1,275.89 and that arrangements would be made to recoup this money from other Departmental payments if full payment was not received.
202. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine the position regarding unregistered land in what was originally the Digby Estate, Barrownageeshal, County Offaly, part of which is in Gurteen, part of which is in Killurin; the persons who are current trustees of this unregistered land; and if he will make a statement on the matter. [41625/13]
View answerI understand that this is a private trust property set up by the Estate landlord and was not set up under the Land Acts. I have no function in the matter.
203. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a disadvantaged areas payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [41628/13]
View answerThe person named is an applicant under the Single Payment and Disadvantaged Area Schemes. In order to meet EU requirements, the application concerned was one of a number which was selected for inspection. As this process had not been completed in sufficient time, it was not possible to include the person concerned with the initial tranche of DAS payments on 26 September. As soon as the inspection and related processes are completed, the application concerned will be progressed.
