Written Answers Nos. 270-84
270. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to residency status in the case of a person (details supplied) in Dublin 6W; and if he will make a statement on the matter. [55054/13]
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 23 July 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 31 October, 2013.
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 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.
271. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will upgrade present status to stamp 4 in the case of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [55055/13]
View answerI am informed by the Irish Naturalisation and Immigration Services (INIS) of my Department that the person referred to by the Deputy made an application on the 09/07/2013 for a change of status from a Stamp 1 to a Stamp 4. On the 12/07/2013 a letter requesting several documents was issued to the applicant at the address provided by him, which is a different address to the one provided by the Deputy. To date no reply has been received. A copy of the letter has been re-issued to the applicant at the address given by the Deputy.
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.
272. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to residency status in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [55056/13]
View answerThe 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 23rd April, 2008, 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. In addition, he was notified of his entitlement to apply for subsidiary protection.
The person concerned submitted an application for subsidiary protection. Following consideration of this application, it was determined that the person concerned was not eligible for subsidiary protection. The person concerned was notified of this decision by letter dated 12th June, 2008. The case 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 final 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.
273. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of eligibility for naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [55057/13]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that valid applications for certificates of naturalisation have been received from the persons referred to by the Deputy.
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. I am informed that the applications are now at an advanced stage of processing and will be submitted to me for decision in due course.
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.
274. Deputy Michael McGrath asked the Minister for Justice and Equality if he will show separately, in respect of the immigrant investor programme and the start-up entrepreneur scheme, the number of persons who have availed of each scheme to date; the amount that has been invested to date; the number of jobs that have been created; and if he will make a statement on the matter. [55102/13]
View answerThe detailed information sought by the Deputy is at present being compiled and will be conveyed to him shortly.
275. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding the strength of An Garda Síochána; and if he will make a statement on the matter. [55115/13]
View answerI have been informed by the Garda Commissioner that the personnel strength of An Garda Síochána on 30 November 2013, the latest date for which figures are readily available, was 13,113. There are also 1,200 Garda Reserve members and over 2,000 civilian staff in the Force. 309 members have left the force this year up to 30th November and a further 26 are expected to leave before the end of the year. This would result in an end of year projected strength of 13,087. This number includes those on career breaks (44) or work sharing arrangements (87 full time members reduced to 43.5 WTE's) but remain available to the Commissioner if the need arises. Thus the Garda strength is expected to be over 13,000 at the end of the year.
It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force and the responsibility of each Garda Divisional Officer to allocate personnel within his or her Division taking everything into account, including retirements, the level of absenteeism due to illness, parental leave and other issues as work sharing arrangements. Recruitment has commenced and new Garda trainees will enter the Garda College next year for the first time since 2009. The numbers to be recruited will be determined with a view to maintaining the force at 13,000 members and will take the rate of departures from the force over the next number of years into account.
276. Deputy Lucinda Creighton asked the Minister for Justice and Equality the total number of Bills that have been published by his Department since he was appointed Minister; the number and Title of those Bills that included a regulatory impact assessment in advance of publication; the regulatory impact assessments published; the total number of promised Bills for publication; if he will list the Bills that will include a regulatory impact assessment; the regulatory impact assessments that will be published before publication of the Bill; and if he will make a statement on the matter. [55132/13]
View answerI wish to inform the Deputy that the total of seventeen Bills were published by my Department since 09 March 2011.
Title of Regulatory Impact Assessments prepared in advance of publication of the Bill: 1. Fines (Payment and Recovery) Bill 2013; 2. Assisted Decision Making (Capacity) Bill 2013; 3. Courts and Civil Law (Miscellaneous Provisions) Bill 2013; 4. National Vetting Bureau (Children and Vulnerable Persons) Bill 2012; 5. Criminal Justice (Search Warrants) Bill 2012; 6. Criminal Justice (Withholding Information on Crimes against Children and Vulnerable Adults) Bill 2012; 7. Criminal Justice (Spent Convictions) Bill 2012; 8. Criminal Justice (Corruption) Bill 2012; 9. Garda Síochána (Compensation) Bill 2012; 10. Equal Status (Amendment) Bill 2012; 11. Personal Insolvency Bill 2012; 12. Civil Law (Miscellaneous Provisions) Bill 2011; 13. Mediation Bill 2012; 14. Legal Services Regulation Bill 2011.
Title of Bills contemporaneous with publication of Regulatory Impact Assessments: 1. Criminal Justice (Money Laundering & Terrorist Financing) (Amendment) Bill 2013 (later the Criminal Justice Act 2013); 2. Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013; 3. Criminal Justice (Community Service) (Amendment) Bill 2011.
Regulatory Impact Assessments published: All 17 of the Regulatory Impact Assessments mentioned above have been published.
Bills promised for publication are as follows: 1. Criminal Justice (Cybercrime) Bill; 2. Criminal Justice (Terrorist Offences)(Amendment) Bill; 3. Criminal Justice (Mutual Assistance)(Amendment) Bill; 3. Criminal Records Information System Bill; 5. Criminal Justice (Miscellaneous Provisions) Bill; 6. Criminal Justice (Corruption) Bill; 7. The General Scheme of Gambling Control Bill; 8. Irish Human Rights and Equality Commission Bill; 9. Family Leave Bill.
Bills which will include a Regulatory Impact Assessment: 1. Criminal Justice (Miscellaneous Provisions) Bill; 2. Family Leave Bill.
Details of Regulatory Impact Assessments which will be published before publication of the Bill: 1. Criminal Justice (Miscellaneous Provisions) Bill.
277. Deputy Lucinda Creighton asked the Minister for Justice and Equality the total number of Irish quasi-autonomous NGOs that his Department either created or falls under his Department’s responsibility and was in existence when he became Minister and continues to exist to date; and if he will make a statement on the matter. [55148/13]
View answer278. Deputy Lucinda Creighton asked the Minister for Justice and Equality the total number of chairpersons of State boards, agencies and regulators that fall under his Department’s responsibility that were chairpersons when he became Minister and continue to be chairpersons; and if he will make a statement on the matter. [55164/13]
View answerI propose to take Questions Nos. 277 and 278 together.
In reference to the information sought by the Deputy in Parliamentary Question 277 I wish to inform the Deputy that my Department does not have responsibility for, or create, quasi autonomous NGO’s. The usual acronym for such bodies is the term "quango" which stands for "quasi-autonomous non-governmental organisations". As the Deputy is asking whether my Department has any such bodies under its remit I can answer that there are no quasi autonomous NGO’s which fall under the remit of my Department.
In relation to Parliamentary Question 278 I am interpreting the Deputy’s question in a broad manner so as to provide the information which I believe she is seeking. In the context of the Deputy's question, State Agencies is taken to refer to statutory independent bodies, often (but not exclusively) with a Board which has governance oversight responsibility for an organisation. In this regard I have detailed below the sixteen agencies under my remit. An Garda Síochána; Courts Service; Equality Authority and Human Rights Commission (to be merged); Garda Síochána Ombudsman Commission; Irish Film Classification Office; Insolvency Service of Ireland; Legal Aid Board; Mental Health (Criminal Law) Review Board; National Disability Authority; Office of the Data Protection Commissioner; Office of the Inspector of Prisons; Office of the Refugee Applications Commissioner; Private Security Authority; Property Registration Authority (to be merged with the Ordnance Survey Ireland (OSI) and Valuation Office); Property Services Regulatory Authority; Refugee Appeals Tribunal.
Many of the above bodies of course do not have Chairpersons. However, I can inform the Deputy that there are four chairpersons of State Boards, Agencies and Regulators who were chairpersons when I became Minister and still continue to be. Those details are provided below: Mental Health Review Board; National Disability Authority; Property Registration Authority; Commissioners of Charitable Donations and Bequests for Ireland.
Finally, as the Deputy is aware, the radical streamlining of State bodies is a key deliverable of the Public Service Reform Plan, published in November 2011. As part of the implementation of the Reform Plan, the Government announced on 31 October 2012 that it would proceed with the merger of the Property Registration Authority with the Valuation Office and Ordnance Survey Ireland. Work is underway to advance the implementation of the merger under the supervision of a Project Board comprised of senior officials from the three Government Departments concerned and the Chief Executive Officers of the three Agencies. The merger is expected to deliver considerable efficiencies and synergies.
279. Deputy Terence Flanagan asked the Minister for Defence when he plans to open up recruitment again for the Defence Forces, Army, Navy and Air Corps; and if he will make a statement on the matter. [54970/13]
View answerI am advised by the Military Authorities that the strength of the Permanent Defence Force, at 31 October 2013, the latest date for which details are available, was 9,222 comprising 7,422 Army, 778 Air Corps and 1,022 Naval Service personnel. Recruitment of personnel to the Army, Naval Service and Air Corps is determined in line with the operational requirements of each of the three services. As the Permanent Defence Force is currently below the agreed stabilised strength of 9,500, it is my intention that targeted recruitment will continue within the resource envelope allocated to Defence. It is planned to run a new General Service recruitment competition in the first half of 2014. Details will be made available on the Defence Forces website www.military.ie when the competition commences.
With the support of the Chief of Staff and within the resources available, I intend to retain the capacity of the Defence Forces to operate effectively across all roles and to undertake the tasks laid down by Government both at home and overseas.
280. Deputy Sean Fleming asked the Minister for Defence the number of freedom of information requests received by his Department in 2012 and to date in 2013; the number of requests for which a search and retrieval fee was sought; the maximum fee sought by his Department in respect of a request received; the number of requests not proceeded following the non-payment of the search and retrieval fee sought; and if he will make a statement on the matter. [54998/13]
View answerThe information requested by the Deputy is set out in the following table:
|
Information Requested |
2012 |
2013 to date |
|
Requests received |
50 |
39 |
|
Number of requests for which search and retrieval fee was sought |
1 |
2 |
|
The maximum fee sought |
€292.35 |
€251.40 |
|
Requests not proceeded with |
1 |
1 |
I am satisfied that my Department is in compliance with Freedom of Information legislation in all respects.
281. Deputy Lucinda Creighton asked the Minister for Defence the total number of Bills that have been published by his Department since he was appointed Minister; the number and Title of those Bills that included a regulatory impact assessment in advance of publication; the regulatory impact assessments published; the total number of promised Bills for publication; if he will list the Bills that will include a regulatory impact assessment; the regulatory impact assessments that will be published before publication of the Bill; and if he will make a statement on the matter. [55125/13]
View answerMy Department has published the following bills since my appointment as Minister for Defence in March 2011: 1. Defence (Amendment) Act 2011 – The Act provides for amendments to the Defence Acts to expand the potential candidature for appointment to the post of Military Judge and the Director of Military prosecutions to persons other than members of the Defence Forces and for an amendment to the powers of the Selection Committee to determine a candidate’s qualification for appointment to these posts. It also provides for the appointment of a Circuit Court Judge to perform the functions of the Military Judge where the Military Judge is not available. 2. Civil Defence Act 2012 - This Act repealed the Civil Defence Act 2002, dissolved the Civil Defence Board and transferred its functions, property, rights, liabilities and other responsibilities back to the Department of Defence. 3. Defence Forces (Second World War Amnesty and Immunity) Act 2012 - The Act provides for the granting of an amnesty and apology to those members of the Defence Forces who served with forces fighting on the Allied side during World War II and who were subsequently found guilty by a military tribunal or who were dismissed from the Defence Forces pursuant to the provisions of the Emergency Powers (No. 362) Order 1945. In addition, it also provides immunity from prosecution, to those who were, or who still are, liable to be prosecuted for desertion or being absent without leave.
There have been no Regulatory Impact Assessments carried out by my Department since March 2011. The Department of Defence is not a regulatory authority as commonly understood. The Defence Acts and Regulations made thereunder are for the most part, focused on the Defence Forces only and do not apply to the ordinary citizen or to business. Notwithstanding this, the Department applies the principles set out in the Regulatory Impact Assessment (RIA) Guidelines issued by the Department of the Taoiseach where appropriate. The following proposed Bills are included on the Government Legislation Programme for publication during 2014: 1. Defence (Amendment) (Discipline) Bill – This Bill will amend the remaining provisions of Part V of the Defence Act, 1954 in relation to disciplinary and certain other matters. 2. Red Cross (Amendment) Act – This Bill will repeal the 1938 Red Cross Act and ancillary legislation and put in place a new legal framework for the Irish Red Cross Society. 3. Defence (Amendment) Bill – This Bill will provide for further revision of the Defence (Amendment) Act 2006, to specify certain preparatory activities associated with the despatch of personnel overseas which can take place in advance of a United Nations Security Council Resolution. Further to the above, my Department has no plans to publish Regulatory Impact Assessments in respect of any of the above Bills.
282. Deputy Lucinda Creighton asked the Minister for Defence the total number of Irish quasi-autonomous NGOs that his Department either created or falls under his Department’s responsibility and was in existence when he became Minister and continues to exist to date; and if he will make a statement on the matter. [55141/13]
View answerSince I took office in March 2011, two agencies under the aegis of my Department have ceased to exist – the Civil Defence Board and Coiste an Asgard. The only body remaining under the aegis of my Department is the Army Pensions Board, which is an independent statutory body established under the Army Pensions Act, 1927.
283. Deputy Lucinda Creighton asked the Minister for Defence the total number of chairpersons of State boards, agencies and regulators that fall under his Department’s responsibility that were chairpersons when he became Minister and continue to be chairpersons; and if he will make a statement on the matter. [55157/13]
View answerThe only body under the aegis of my Department is the Army Pensions Board, which is an independent statutory body established under the Army Pensions Act, 1927. The current chairperson of the Army Pensions Board was appointed to the position in 2001. The Board consists of a chairperson and two ordinary members. There is no fixed term of office for appointments to the Army Pensions Board.
284. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine the position regarding the single farm payment in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [54779/13]
View answerAn application under the 2013 Single payment scheme was received from the person named on 12 May 2013. Processing of this application has recently been finalised with payment issuing to the nominated bank account of the person named on 17 December.
