Written Answers Nos. 159 - 165
159. Deputy Michael McNamara asked the Minister for Justice and Equality when the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 will be commenced; if its operation will apply to existing employees dealing with children; the procedures that will be in place for vetting existing employees and those returning from long leave-of-absence; and if he will make a statement on the matter. [4722/14]
View answerElements of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 relating to the disclosure of convictions are under review at present having regard to a recent judgment of the UK Court of Appeal in (On the Application of) T and others v Chief Constable of Greater Manchester [2013]. The UK Court considered the circumstances in which it is appropriate to disclose convictions for old, minor offences with particular regard to Article 8 of the European Convention on Human Rights. Having considered the judgement in that case, I intend bringing proposals before the Oireachtas to provide that certain old minor convictions will not be disclosed under the provisions of the 2012 Act. Given the close relationship between this Act and the Spent Convictions Bill, which is before the Oireachtas at the moment, any changes to the Vetting Act will have to be reflected in the Spent Convictions Bill. The amendment of the Vetting Act will also be done via the Spent Convictions Bill.
I expect to be in a position to commence the provisions of the 2012 Act in 2014. In the meantime, the vetting of persons working with children and vulnerable persons continues to be done on a non-statutory basis. Section 21 (Retrospective Vetting) of the Act provides that the Minister may make regulations to prescribe periods of time within which certain classes of existing employees who have not already been vetted will have to be vetted.
Where persons return from long term leave-of-absence, the employer will have to consider whether or not they have a vetting disclosure and whether or not any vetting disclosure is sufficiently up to date, before re-employing the person. Where persons already vetted have been absent for a short period such as a few weeks, there is no re-vetting requirement other than that contained in section 20 (Re-vetting) of the 2012 Act. That section provides that the Minister may make regulations to prescribe intervals of time within which certain classes of employee will have to be re-vetted.
160. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the liability that rests with a farmer if an accident is caused by livestock owned by them straying on to a public road; his plans to change the law regarding same; and if he will make a statement on the matter. [4733/14]
View answerThe Animals Act 1985 amended the law relating to liability for damage done by animals. Section 2 of the Act provides for an amendment to the former immunity in the common law of negligence in respect of animals on the highway, and, subject to certain conditions, provides for a duty on a person to take reasonable care to see that damage is not caused by an animal straying on to a public road.
The common law already provides for liability for damage caused by animals to persons and property. I have no plans to amend the law in this area.
161. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the circumstances in which he has the power to release a person from prison on humanitarian grounds; and if he will make a statement on the matter. [4738/14]
View answerThe Criminal Justice Act, 1960 as amended by the Criminal Justice (Temporary Release of Prisoners) Act, 2003, sets out the framework for the temporary release of prisoners. In general, prisoners may be granted temporary release to assess a person's ability to reintegrate into society, to prepare him or her for release, to assist the Gardaí, on grounds of health, on other humanitarian grounds, and to ensure the good government and management of prisons.
A prisoner may apply through the Prison Governor for consideration for temporary release. Their family or legal representative can also apply for consideration of such a concession. It does not necessarily follow however that a prisoner will receive temporary release even if the recommendation made by the prison authorities and/or therapeutic services is to that effect. Each application is considered on its individual merits and evaluated using the criteria outlined in the Criminal Justice (Temporary Release of Prisoners) Act, 2003.
All prisoners on temporary release are subject to conditions and are returned to prison if their behaviour gives rise to concern. Public safety is the paramount consideration in any decision on granting temporary release.
162. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the way regularisation of residency status is likely to be addressed in the short term in respect of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [4816/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy does not have an application pending at the moment and should be advised to make such immediately providing details of her circumstances in the State and proof of her identity and nationality.
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.
163. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress in determination of residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [4817/14]
View answerThe question of residency status does not arise at this time in the case of the person whose details were supplied. As the Deputy is aware, if the person concerned has made an application for asylum or subsidiary protection, the position is that it is not the practice to comment on such applications for so long as they are in the protection process.
164. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [4818/14]
View answerThe person concerned has had her permission to remain in the State renewed for a further two year period, to 17th August, 2015. This decision was conveyed in writing to the person concerned by letter dated 26th August, 2013. This decision applied equally to the named dependant children of 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.
165. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which residency status can be regularised in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [4819/14]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order and therefore has no entitlement to residency in the State.
The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.
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.
