Wednesday, 12 Mar 2014

Written Answers Nos. 152-159

Sentencing Policy

Questions (152)

Niall Collins

Question:

152. Deputy Niall Collins asked the Minister for Justice and Equality his views on minimum mandatory sentencing; and if he will make a statement on the matter. [12348/14]

Written answers

Minister for Justice and Equality

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.

There are, of course, a small number of situations where statute has created exceptions to this approach, most notably by providing for mandatory sentences for murder and presumptive minimum sentences in the case of certain firearms and drug trafficking offences. Except for exceptional circumstances, I am of the view that the Oireachtas should be cautious in prescribing mandatory sentences. In September 2012, a working group was established to undertake an all encompassing strategic review of penal policy in line with the recommendations of the Thornton Hall Project Review Group. This review is examining all aspects of penal policy including sentencing policies and the Group is expected to report in the next few months. In addition, in June 2013, the Law Reform Commission published a report on mandatory sentences. The recommendations contained in that report will be considered together with the report of the Penal Policy Review Group when it has been finalised.

Visa Applications

Questions (153)

Noel Harrington

Question:

153. Deputy Noel Harrington asked the Minister for Justice and Equality his plans to provide to an applicant a tracking service for all applications to his Department and agencies under the aegis of his Department from members of the public for such items as visas, citizenship, residency and other applications processed by his Department similar to the passport applications tracking scheme processed by the Department of Foreign Affairs and Trade; and if he will make a statement on the matter. [12354/14]

Written answers

Minister for Justice and Equality

For the purpose of replying to the Deputy’s question it is assumed that he is referring to applications dealt with by the Irish Naturalisation and Immigration Service (INIS) which is by far the largest application processing area of my Department. Overall in 2013, approximately 166,000 new applications (i.e. visa, residence, protection and citizenship) were received by INIS and decisions were issued in almost 177,000 cases. In addition, some 97,000 new or renewed registrations of permission to remain in the State were issued by the Garda National Immigration Bureau. Furthermore, the public offices of INIS and the Garda National Immigration Bureau receive in the region of 130,000 persons annually in respect of registration of non-EEA persons residing in the State and applicants seeking re-entry visas as well as callers seeking information or for other business.

The Deputy will appreciate from the above mentioned figures that the volume of applications dealt with by INIS is considerable. These comprise a broad range of application categories most of which are hugely complex and all of which are subject to oversight by the courts and have to be processed in accordance with a large body of Irish and international law. Therefore, due to the diverse and complex nature of applications processed by INIS, it very difficult to provide applicants with the precise status of their application at any given point in time. In many cases communication takes place through the applicant's legal advisor. However, where possible applicants are provided with as much information as is available and in some areas where it has been feasible tracking services appropriate to the type of application have been implemented.

In relation to visa applications which account for 90,000 applications, for example, such a service is already in place as part of the online application and tracking system known as AVATS (Automated Visa Application and Tracking System). Applicants are provided with a unique application number on completion of the online application form which can then be used to track progress on the application through the website of the Irish Naturalisation and Immigration Service www.inis.gov.ie.

In the area of citizenship, when an application for a certificate of naturalisation is received, an acknowledgement letter is issued and applicants are also informed when their application successfully progresses to further stages of the process. Further letters are issued where additional information is required and, once all of the required information is received, the case is submitted to me for decision. Applicants are then informed of my decision on their application.

In other areas, for example general information on the expected timescale for processing applications is provided indicating the specific month of applications currently being processed. This provides a good indication to the applicant as to when their application will be dealt with. It should also be noted that INIS operates a number of helplines to provide information and advice to customers and the contact details and operating hours are published on the INIS website.

I am sure the Deputy will agree the main priority for INIS must continue to be the processing of cases as expeditiously as possible and, accordingly, the right balance must be found between providing application status information to applicants and the efficient processing of applications. That said, INIS is continually seeking to improve the quality of services provided to its applicants and the development of enhanced online immigration services generally is currently under review.

Ministerial Meetings

Questions (154)

Patrick Nulty

Question:

154. Deputy Patrick Nulty asked the Minister for Justice and Equality the number of times he and officials in his Department have met a company (details supplied) or its representatives since he took office; if he will provide details, in tabular form, of the dates of each meeting; the names of the company representatives involved; the titles of the departmental officials involved; the reason for each meeting; the matters discussed; and if he will make a statement on the matter. [12376/14]

Written answers

Minister for Justice and Equality

I wish to advise the Deputy that there have been no instances where officials from my Department have met representatives of company concerned.

Criminal Prosecutions

Questions (155)

Róisín Shortall

Question:

155. Deputy Róisín Shortall asked the Minister for Justice and Equality further to his Dáil statement of 26 February 2014, in which he referred to the failure of gardaí to advise a person (details supplied) of the hearing and determination in the District Court of the criminal prosecution taken against the person who assaulted them, if he will explain the inconsistency between this account and the account provided by this person in which they stated that they were contacted by a garda two days before the hearing to say that the case was not going ahead and that there was no need for them to be in the court; and if he will make a statement on the matter. [12421/14]

Written answers

Minister for Justice and Equality

Other than saying that the person concerned should have had the opportunity to be present in Court, it would be inappropriate for me to comment further. As I understand from what the person concerned has said publicly that the person currently has a complaint before the Garda Síochána Ombudsman Commission, I do not want to say anything in relation to any issue which is under investigation.

Departmental Reports

Questions (156)

Billy Kelleher

Question:

156. Deputy Billy Kelleher asked the Minister for Justice and Equality if he will provide in tabular form the reports, reviews and studies commissioned by him or his Department or agencies under the aegis of his Department since 9 March 2011; the date on which they were commissioned; the date on which they were completed; the date on which they were published; the cost of each; and if he will make a statement on the matter. [12435/14]

Written answers

Minister for Justice and Equality

I wish to inform the Deputy that it has not been possible to provide the information required in the time available. The information is currently being collated and will be forwarded to the Deputy as soon as it is to hand.

Immigration Status

Questions (157)

Róisín Shortall

Question:

157. Deputy Róisín Shortall asked the Minister for Justice and Equality the options available to American citizens who wish to immigrate here; if an American citizen who is in a long-term relationship with an Irish citizen may qualify for a stamp 3 if they do not meet the criteria of a de facto relationship; and if he will make a statement on the matter. [12440/14]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that in the absence of the details pertaining to the person concerned, I can only give a broad outline of the options open to American citizens who wish to reside here. I cannot comment as to whether this person would qualify for a Stamp 3 without knowing the details of their particular case.

It is open to American citizens to enter the State either as: a visitor for up to 90 days; a student; on a Working Holiday Authorisation issued by the Department of Foreign Affairs and Trade; or if they wish to take up employment in the State, they must have a work permit issued by the Department of Enterprise, Jobs and Innovation. The criteria to qualify for de facto permission to remain in the State is clearly set out on the Department's website, www.inis.gov.ie. If the Deputy has a particular individual in mind, she could advise them to write to the Residence Division of INIS.

Registration of Title

Questions (158)

Dara Calleary

Question:

158. Deputy Dara Calleary asked the Minister for Justice and Equality when a land registry transaction will be completed (details supplied) as its ongoing delay is causing financial hardship to the party involved. [12449/14]

Written answers

Minister for Justice and Equality

I can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.

The Deputy will be aware of the service to Deputies and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round. I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.

Ministerial Meetings

Questions (159)

Patrick Nulty

Question:

159. Deputy Patrick Nulty asked the Minister for Defence the number of times he and officials in his Department have met a company (details supplied) or its representatives since he took office; if he will provide details, in tabular form, of the dates of each meeting; the names of the company representatives involved; the titles of the departmental officials involved; the reason for each meeting; the matters discussed; and if he will make a statement on the matter. [12369/14]

Written answers

Minister for Defence

Since being appointed as Minister for Defence, neither I nor officials from my Department have met representatives of the company to which the Deputy is referring.