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Thursday, 20 Feb 2014

Written Answers Nos. 198-206

Residency Permits

Questions (198)

Bernard Durkan

Question:

198. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when an appointment might be made to attend at the Irish Nationalisation and Immigration Service to facilitate update of stamp 4 in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [8789/14]

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Written answers

The person concerned had her permission to remain in the State renewed for a further three year period, to 19 November, 2016. This decision was conveyed in writing to the person concerned by registered letter dated 18 November, 2013. This communication advised the person concerned of her legal obligation, under Section 9 (2) (a) of the Immigration Act 2004, to complete the registration process at her local Immigration Registration Office.

I am advised that the renewal decision letter referred to was returned undelivered to the Irish Naturalisation and Immigration Service, marked "no such address". Given that a different address is included with the Deputy's Question, arrangements will be made to have the decision letter re-issued to that latter address in the coming days.

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.

Residency Permits

Questions (199)

Bernard Durkan

Question:

199. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) in County Kildare qualifies for long-term residency on the basis of residency here on foot of a work permit and on foot of the person's work permit record; and if he will make a statement on the matter. [8790/14]

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Written answers

I wish to advise the Deputy that the granting of Long Term Residency is subject to the applicant meeting a number of requirements including that he or she has completed five years legal residency in the State on work permit/ work authorisation/ working visa conditions and is deemed to be of good character. Additionally, all applicants must have permission to remain in the State at the time the application is submitted, and be in gainful employment throughout and after the application process.

The person concerned is currently registered in the State under Stamp 4 conditions as the Spouse of an Irish National valid until 9 June 2014. The holding of this type of immigration permission permits the person concerned to reside in the State as part of a family unit with their Irish spouse, to enter employment without having to acquire an employment permit or to set up a business. Renewal of this immigration permission is subject to the person concerned presenting for registration at their local immigration accompanied by their Irish spouse shortly before the expiry date of their current permission.

It is open to any individual to lodge an application for Long Term Residency or Citizenship if and when they are in a position to meet the eligibility criteria. Full details of the eligibility criteria and residency calculators for both schemes can be found on www.inis.gov.ie.

The Deputy may wish to note that queries in relation to immigration matters 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.

Residency Permits

Questions (200)

Bernard Durkan

Question:

200. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [8791/14]

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Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the spelling of the person's name referred to in the Deputy's question differs to records held by INIS. It is however presumed based on the content and records held that it is the same person.

INIS has advised that the person concerned was initially granted permission to remain in the State on the basis of her marriage to her spouse who had been granted a declaration as a refugee in accordance with Section 17 of the Refugee Act 1996 (as amended) on 10 November 2003. The person concerned was subsequently registered in the State on that basis under Stamp 4 conditions until her permission to remain in the State expired on 11 December 2009. I understand that the person concerned was subsequently unable to renew her registration with the Garda National Immigration Bureau as she did not possess a valid national passport and was advised to write to INIS.

An application for residency in the State arising from marriage to an Irish national was subsequently received in the Spouse of Irish National Unit of INIS on 19 June 2013.

The latest position is that INIS wrote to the legal representative of the person concerned on 21 November 2013 seeking the submission of documentation required in order to finalise their application and that a response to same is awaited. A further reminder issued to the legal representative on 18 February 2014.

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.

Residency Permits

Questions (201)

Bernard Durkan

Question:

201. 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 Kildare; and if he will make a statement on the matter. [8792/14]

View answer

Written answers

I have been advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted a Stamp 5 on the 11 October 2013 and that he registered this endorsement with the Garda National Immigration Bureau (GNIB) on the 17 October 2013. The Stamp 5 is valid until the 13 November 2017 and permits the person concerned to reside and work in the State.

Queries in relation to the status of individual immigration cases may be made directly to INIS by email using Oireachtas Mail which was 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 Question process. The Deputy may consider using the email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Anti-Social Behaviour

Questions (202)

Terence Flanagan

Question:

202. Deputy Terence Flanagan asked the Minister for Justice and Equality his views on correspondence (details supplied) in Dublin 5 regarding anti-social behaviour; and if he will make a statement on the matter. [8798/14]

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Written answers

While I am of course concerned about the impact of anti-social behaviour in local communities, as the Deputy may be aware the latest crime statistics show that the overall crime rate is decreasing, including with respect to the public order, assault and criminal damage offences commonly associated with anti-social behaviour.

There is a range of strong legislative provisions available to an An Garda Síochána to combat anti-social behaviour, and operational policing measures in the area referred to are implemented alongside ongoing community policing work, including problem solving with local communities and liaison with schools, businesses and households in providing crime prevention advice and assistance to victims.

As the Deputy will appreciate, the deployment of specific Garda resources is a matter for the Garda Commissioner and his management team. However, I am advised that local Garda Management in the area referred to closely monitors the allocation of all resources in the context of crime trends, policing needs and other operational strategies to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public.

Insofar as the question of sentencing is concerned, the Deputy will appreciate that judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. In accordance with this principle, the role of the Oireachtas has been to specify in law a maximum penalty and a court, having considered all the circumstances of the case, to impose an appropriate penalty up to that maximum. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present. The Deputy will also be aware that I established a Penal Policy Review Group to carry out a review incorporating an examination and analysis of all aspects of penal policy including sentencing policies and the group is expected to report within the next few months.

Legislative Measures

Questions (203)

Heather Humphreys

Question:

203. Deputy Heather Humphreys asked the Minister for Justice and Equality the way the Criminal Justice (Spent Convictions) Bill 2012 will impact on Garda vetting disclosures in the future; if the criminal justice Bill will result in certain minor offences which may have taken place a long number of years previously not being disclosed when a person is applying for a job; and if he will make a statement on the matter. [8799/14]

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Written answers

Under the Criminal Justice (Spent Convictions) Bill 2012, where a person intends to engage in relevant work, as defined in the Bill, he or she must disclose all previous convictions, if requested to do so. This mirrors the provisions in the National Vetting Bureau (Children and Vulnerable Persons) 2012, insofar as children and vulnerable persons are concerned.

My Department is currently in the process of reviewing the provisions in the Vetting Act relating to the disclosure of convictions in light of a recent judgment of the UK Court of Appeal in R (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 to bring proposals before the Oireachtas to provide that certain old minor convictions will not be disclosed under the provisions of the Vetting Act. Given the close relationship between that Act and the Spent Convictions Bill, any changes to the Vetting Act will have to be reflected in the Spent Convictions Bill.

Garda Síochána Ombudsman Commission Remit

Questions (204, 205)

Terence Flanagan

Question:

204. Deputy Terence Flanagan asked the Minister for Justice and Equality his plans to review the role and powers of the Garda Síochána Ombudsman Commission; and if he will make a statement on the matter. [8852/14]

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Terence Flanagan

Question:

205. Deputy Terence Flanagan asked the Minister for Justice and Equality his plans to strengthen the GSOC legislation in order that the Garda Commissioner will come under its remit; and if he will make a statement on the matter. [8853/14]

View answer

Written answers

I propose to take Questions Nos. 204 and 205 together.

The Garda Síochána Ombudsman Commission was established under the Garda Síochána Act 2005 to provide independent oversight of complaints made against members of the Garda Síochána. The Garda Ombudsman Commission has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded, and has extensive powers under the 2005 Act to enable it to carry out its responsibilities, including full police powers of investigation.

Some weeks ago I announced that I would be bringing to Cabinet a number of amendments to the Garda Síochána Act 2005 relating to the Ombudsman Commission. It has subsequently been agreed at Cabinet last Tuesday that the Joint Oireachtas Committee on Justice, Defence and Equality would be asked to hold such hearings as it deems appropriate and necessary for the purpose of making any recommendations as to amendments it proposes be made to the 2005 Act. I look forward to receiving their recommendations.

Separately, I am working with my colleague the Minister for Public Expenditure and Reform on an amendment to the Public Disclosures Bill, currently before Dáil Éireann, which will enable the Garda Ombudsman Commission to operate within the architecture of the Bill and receive and investigate reports from Garda whistleblowers.

Cyber Security Policy

Questions (206)

Terence Flanagan

Question:

206. Deputy Terence Flanagan asked the Minister for Justice and Equality the action he is taking to tackle cybercrime; and if he will make a statement on the matter. [8864/14]

View answer

Written answers

I can inform the Deputy that a number of significant initiatives are being undertaken to tackle cybercrime. With regard to legislative initiatives, among the Bills in the Government Legislation Programme is the Criminal Justice (Cybercrime) Bill. This Bill creates a range of offences to protect information systems and data from illegal access and interference. When enacted, it will enable ratification by Ireland of the Council of Europe Convention on Cybercrime. It will also transpose EU Directive 2013/40 on attacks against information systems.

With regard to the investigation of cybercrime, the strategy of An Garda Síochána in this area focuses on prevention, detection and training. The Computer Crime Investigation Unit (CCIU) of the Garda Bureau of Fraud Investigation is the primary Garda unit responsible for investigating computer crime in Ireland.

While the investigation of certain aspects of computer crime is undertaken directly by the CCIU, the Unit also provides expert assistance to Senior Investigating Officers and Investigation Teams tasked with the investigation of this type of criminality on a District and Divisional basis.

Members of the CCIU also provide warnings to the public in relation to various types of cybercrime, including Computer viruses, Denial-of-service attacks, Malware (malicious code), Fraud and identity theft and Phishing scams. The CCIU is also represented on the Irish Payment Card Service Organisation and the Irish Banking Federation High Tech Crime Forum.

An Garda Síochána also regularly liaise with Interpol, Europol and the European Centre for Cyber Crime (EC3) which was established in 2013 under the auspices of Europol.

In addition, a member of the CCIU is on full time secondment with CERT (Computer Emergency Response Team). The role of CERT, which was established under the auspices of the Department of Communications, Energy and Natural Resources as part of a series of initiatives to deal with the general issue of cybersecurity, is to prepare and manage cyber incidents in conjunction with relevant stakeholders.

I can also inform the Deputy that members of the CCIU continue to be trained in the techniques necessary to counter cybercrime including cyber forensic examination.

Within my own Department, the Office for Internet Safety has oversight of Hotline.ie, the confidential service that receives reports of suspected illegal content on the internet and, where appropriate, arranges to have such content removed.

Finally, the Deputy might also wish to note that cybercrime and organised crime were considered during the public consultation on the forthcoming White Paper on crime and that these subjects will be addressed in the White Paper.

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