Written Answers Nos.182 - 190
182. Deputy Patrick O'Donovan asked the Minister for Justice and Equality in view of the recent report of the Law Reform Commission in relation to the issue of online harassment and its opinion regarding the effectiveness of the Non-Fatal Offences Against the Person Act, if he will consider the introduction of new legislation similar to that which has recently been adopted in New Zealand; and if he will make a statement on the matter. [52335/13]
View answerAs the Deputy may be aware the Law Reform Commission published its Fourth Programme of Law Reform on 27 November, 2013. This Programme contains 11 projects, one of which is entitled "Crime affecting personal safety, privacy and reputation, including cyber-bullying". The project will involve an analysis of harmful behaviour in this area and will examine whether a specific offence of cyber-bullying should be enacted. I look forward to considering the recommendations of the Law Reform Commission on this issue when its Report has been concluded. In the circumstances it would be premature to consider the introduction of legislation in advance of this analysis and examination.
183. Deputy Terence Flanagan asked the Minister for Justice and Equality if his attention has been drawn to the recent spate of burglaries in Donaghmede, Dublin 13; the discussions he has had with Garda authorities on the matter; the action being taken to address the problem; and if he will make a statement on the matter. [52355/13]
View answerI am informed by the Garda authorities that the area referred to is in the Coolock Garda District.
I am further informed that Garda data shows a decrease in burglaries in the Coolock area, in line with the national trend. As the Deputy may be aware the latest crime statistics show that the rate of burglary has decreased by 8.9% nationally for twelve months ending 30 June 2013 and this underlines the impact being made by Gardaí under Operation Fiacla. As part of the measures which are coordinated under Operation Fiacla, Operation Acer is in force throughout the Dublin Metropolitan Region, including Donaghmede. It is an intelligence driven operation and includes analysis led checkpoints and patrols to target specific areas and case manage targeted offenders. These arrangements are kept under review to ensure adjustments are made to maintain the effective focus of the operation.
Operation Acer operates alongside ongoing community policing measures, including problem solving with the community and ongoing liaison with schools, businesses and households in providing crime prevention advice and assistance to victims of burglary. In this regard I am advised that a recent crime prevention leaflet drop in the area has been well received in the community.
Local Garda Management closely monitors the allocation of all resources in the context of crime trends, policing needs and other operational strategies in the area to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public.
184. Deputy Michael McGrath asked the Minister for Justice and Equality if he will specify the legal basis on which the details of persons' wills are published; if he has any plans to review this issue; and if he will make a statement on the matter. [52360/13]
View answerSection 42 of the Succession Act 1965 provides for the deposit and preservation in the Probate Office of documents, including all original wills of which representation is granted in the Probate Office, copies of all wills where the original is kept in district probate registries and such other documents as the President of the High Court may direct. Copies of such documents may be obtained from the Probate Office and the district probate registries on submission of the relevant application form and payment of the required fee. These provisions reflect the long-standing position that wills are public documents and I have no plans, therefore, to change the law in relation to this matter.
185. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status-eligibility to apply for naturalisation in the case of a person (details supplied) in County Cavan; and if he will make a statement on the matter. [52373/13]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy has a current permission to reside until 21 January 2014. An application for a certificate of naturalisation was also received from the person concerned which was refused. I am informed the person concerned was informed of this refusal and the reasons for it in a letter issued on 30 April, 2009.
It is open to the person in question to lodge a new application if and when he is in a position to meet the statutory requirements applicable at that time.
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 I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.
The Deputy may wish to note that 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.
186. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed by a person (details supplied) in Dublin 22 who is having difficulty obtaining a homeland passport; and if he will make a statement on the matter. [52374/13]
View answerThe parents of the person concerned were granted temporary permission to remain in the State in September, 1997, under the arrangements then applicable to the non-EEA national parents of Irish born citizen children born in the State prior to 1 January, 2005. The father of the person concerned wrote to the Irish Naturalisation and Immigration Service (INIS) of my Department in August 2013 in order to regularise his son's position in the State. I understand that some supporting documentation was submitted, however, further documentation was requested from the father by letter dated 15 August, 2013, including documented proof of all efforts made to obtain his son's passport. To date no response has been received. On receipt of the documents requested, the position in the State of the person concerned will be examined further by my officials in INIS.
I should add that in exceptional cases, an application for Irish temporary travel document may be considered in respect of qualifying non-Irish nationals who are resident in Ireland. In all such cases, the INIS must be satisfied that there is no alternative open to the applicant before an Irish temporary travel document will issue. The person concerned has to show that they have made reasonable and formal efforts to obtain a national passport, that it has been formally and unreasonably refused and that their own consular authorities are unable to offer consular assistance to them whilst resident in the State.
It is open to the person concerned to submit an application for a temporary travel document accompanied by the relevant supporting documentation to the Travel Document Unit of INIS which is located at 13-14 Burgh Quay, Dublin 2. Full information in this regard and the applicable application form is available on the INIS website at "www.inis.gov.ie".
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.
187. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the outstanding procedures to be followed by a person (details supplied) in County Kildare in the matter of family reunification; and if he will make a statement on the matter. [52375/13]
View answerI refer the Deputy to my reply to Parliamentary Question No. 173 on Thursday, 21st November 2013. The position remains unchanged. Reply to PQ Number 173 of the 21st November, 2013
I am informed by the Irish Naturalisation and Immigration Service (INIS) that an application for Family Reunification was received from the person referred to by the Deputy on 3 May 2013 and that a letter issued on 29 May 2013 requesting information necessary to process the application. No response was received and further letters issued from INIS on 19 June 2013, 29 August 2013, 17 September 2013 and 21 October 2013. A response was received to this final letter, however it did not contain sufficient information or documentation to enable the processing of the application and a further letter issued from INIS to the person concerned on 8 November 2013. To date no response has been received.
The Deputy may wish to note that 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 established specifically 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.
188. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed to regularise residency-prepare for eligibility for naturalisation in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [52376/13]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy, together with the other family members are the subject of Deportation Orders made against them following a comprehensive and thorough examination of their asylum claims, applications for Subsidiary Protection and a detailed examination of the representations they submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). The family concerned have no right to residency/naturalisation in the State.
The effect of the Deportation Orders is that the persons concerned must leave the State and remain thereafter outside the State. The enforcement of the Deportation Orders is an operational matter for the Garda National Immigration Bureau.
I am satisfied that the applications made by the persons concerned for asylum and for temporary leave to remain in the State were fairly and comprehensively examined and, therefore, the decision to make Deportation Orders against them is justified.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by Email 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.
189. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status and eligibility to apply for naturalisation in the case of a person (details supplied) in County Kildare; the procedures to be followed to achieve closure; and if he will make a statement on the matter. [52377/13]
View answerThe person concerned has permission to remain in the State until 9th January, 2014. This decision was conveyed to her by letter dated 28th July, 2011. It will be open to the person concerned to apply for the renewal of that permission one month before it expires.
I am advised that no application for a Certificate of Naturalisation has been received from the person concerned. However, it will be open to the person concerned to apply for a Certificate of Naturalisation when she 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 INIS 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.
190. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [52378/13]
View answerThe person concerned has current permission to remain in the State up to 21st December, 2013. The person concerned has applied for the renewal of this permission to remain. This renewal application is under consideration at present. Once a decision has been made in that application, this decision will be conveyed in writing to the person concerned.
I am advised that no application for a Certificate of Naturalisation has been received from 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.
