Written Answers Nos. 119-125
119. Deputy Finian McGrath asked the Minister for Justice and Equality the reason he refused to meet the mother of a hit and run victim (details supplied) as there are serious questions regarding this case in relation to the workings of our justice system. [51169/13]
View answerI am deeply conscious of the continuing impact of the particular circumstances of the tragic case in question. The Deputy will be aware that my Department has been in correspondence with the individual concerned on a number of occasions in relation to the issues raised. The Deputy will also be aware that I wrote to the person referred to on 1 October setting out my position as Minister with respect to the request for a meeting.
120. Deputy Áine Collins asked the Minister for Justice and Equality his views on the need to hold a referendum in relation to legislation to allow same sex marriage. [51173/13]
View answerThe clear position arising from case law in Ireland - and there is ample case law to this effect - is that marriage is understood as being between one man and one woman, ideally for life. The Government considers that it would be constitutionally unsound to legislate for marriage between same-sex couples in the absence of a constitutional amendment. On this basis, Government referred the issue of same-sex marriage to the Convention on the Constitution for consideration. The Convention also believed that amendment was necessary, and recommended that a constitutional referendum be held on the issue. Government has accepted the recommendation and intends to hold the necessary referendum in the first half of 2015.
121. Deputy Finian McGrath asked the Minister for Justice and Equality his plans for the publication of the proposed Judicial Council Bill. [51188/13]
View answerThe Programme for Government undertakes to “legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges” and this commitment is being given expression in the form of the proposed Judicial Council Bill. As well as providing for the establishment of a Judicial Council and Board that will promote excellence and high standards of conduct by judges, the proposed Bill is aimed at providing a means of investigating allegations of judicial misconduct supported by the establishment of a Judicial Conduct Committee which will have lay representation. Having considered the Bill in light of the considered views of the judiciary and in relation to current Government policy, I am happy to confirm that work on the drafting of the new Bill continues in conjunction with the Offices of the Attorney General and of Parliamentary Counsel. While it had been hoped to publish the Bill this year, in light of the Government’s heavy legislative programme I would now expect this to take place in the New Year.
122. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to regularise residency status in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [51249/13]
View answerThe persons concerned are a husband and wife who entered the State on visit/short stay visas. The Deputy might wish to note that the maximum stay on a visit/short stay visa is 90 days. The first named person concerned entered the State in 2006 and was granted permission to remain for an initial 90 days. He was granted further permission to remain from 8th July, 2011 to 8th September, 2011. The second named person concerned entered the State in 2007 and was granted permission to remain for 90 days. They have both remained in the State without permission since those times.
Consequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified, by separate letters dated 21st October, 2013, that the Minister proposed to make deportation orders in respect of them. They were each 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 Minister setting out the reasons why they should not have deportation orders made against them. Representations have been submitted on behalf of the persons concerned.
The position in the State of the persons 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 final decisions are made. Once decisions have been made, these decisions, and the consequences of the decisions, will be conveyed in writing to the persons 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.
123. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status in the case of a person (details supplied) in County Dublin, their spouse and family; if the family satisfies eligibility for consideration for naturalisation; and if he will make a statement on the matter. [51250/13]
View answerThe person concerned and his spouse were granted temporary permission to remain in the State in 2001 under the arrangements then applicable to the non-EEA national parents of Irish born citizen children. His permission was renewed on a regular basis with the latest permission due to expire on 4 March, 2014. I am informed that the spouse of the person concerned has been naturalised. A valid application for a certificate of naturalisation has been received from the person concerned.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour 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 application is now at an advanced stage of processing and they will be informed of my decision in due course.
Queries in relation to general immigration matters may be made directly to Irish Naturalisation and Immigration Service (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 INIS is, in the Deputy's view, inadequate or too long awaited.
124. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the residency status in the case of persons (details supplied) in County Monaghan has been determined to date; if temporary residency status will be awarded in view of the vulnerability of the family including two children; and if he will make a statement on the matter. [51251/13]
View answerAs conveyed to the Deputy in a previous Parliamentary Question Number 108 of 14th March 2013 the person concerned is the subject of a Deportation Order signed on 17 January, 2013. The Deportation Order was signed following a comprehensive and thorough examination of his asylum application in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), and Section 5 of the Refugee Act 1996, (as amended) on the prohibition of refoulement.
I have been informed by the Irish Naturalisation and Immigration Service of my Department that representations were received from the person's legal representative requesting that the Deportation Order be revoked in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). This application is being considered. The effect of Deportation Orders is that the persons concerned must leave the state and remain thereafter outside the State. The enforcement of Deportation Orders is an operational matter for the Garda National Immigration Bureau.
Queries in relation 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.
125. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status and/or eligibility for consideration for naturalisation in the context of the Zambrano decision in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [51252/13]
View answerIn February, 2008, the person concerned made an application for residency in the State on the basis of being the spouse of an EU National who was exercising her EU Treaty Rights in this State. This application was approved and the person concerned was notified to this effect by letter dated 1st September, 2008. The person concerned completed the registration formalities to the extent that his permission to remain was valid to 1st September, 2013.
Given that the person concerned was no longer residing with his EU national spouse, he was not in a position to apply for the renewal of his permission to remain on the basis of being the spouse of an EU national. He has, however, sought a right of residency in the State, accompanied by a right to work, based on the principles of the European Court of Justice Judgment in the Zambrano case. This application is under consideration at present. Once a decision has been made in this application, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
There is no record of an application for a Certificate of Naturalisation having been received from the person concerned. However, it will be open to him 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 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.
