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Thursday, 13 Mar 2014

Written Answers Nos. 179-190

Residency Permits

Questions (179)

Bernard Durkan

Question:

179. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status and or potential eligibility for naturalisation in the case of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [12663/14]

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Written answers

The person concerned was granted permission to remain in the State for the period to 11th April, 2012. This decision was conveyed in writing to the person concerned by letter dated 12th August, 2011. While this decision letter was issued by registered post, and was not returned undelivered, it is not clear that it was received by the person concerned. As a result of these circumstances, I have asked officials in the Irish Naturalisation and Immigration Service (INIS) of my Department to write to the person concerned, as soon as possible, to advise her on the steps to be taken towards having her permission to remain renewed for a further period.

Officials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question. It is open to any individual to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.

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.

Asylum Seeker Accommodation

Questions (180)

Bernard Durkan

Question:

180. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied) in County Waterford; if a request made for transfer to Mosney accommodation centre or a centre in the Dublin area to facilitate dietary and treatment requirements will be facilitated; and if he will make a statement on the matter. [12664/14]

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Written answers

The 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. I understand that the person concerned is currently availing of direct provision accommodation. Following enquiries I am informed that arrangements have been put in place to ensure that both the dietary and treatment requirements of this applicant are facilitated at the current location.

Residency Permits

Questions (181)

Bernard Durkan

Question:

181. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the reason for delay in updating stamp 4 entitlement in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [12665/14]

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Written answers

The person concerned has current permission to remain, on immigration Stamp 4 conditions, until 20th June, 2014. It will be open to the person concerned to apply for the further renewal of his permission to remain one month before his current permission expires. This being the case, the Deputy will appreciate that there is no issue outstanding in the context of the immigration case 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.

Naturalisation Applications

Questions (182)

Bernard Durkan

Question:

182. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will set out the reckonable continuous residency for consideration in respect of eligibility for naturalisation; the extent to which current residency status has been determined with a view to naturalisation in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [12666/14]

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Written answers

Officials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question. Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must:

- be of full age;

- be of good character;

- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years;

- intend in good faith to continue to reside in the State after naturalisation;

- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—

(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and

(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.

A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.

Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. 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.

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.

Naturalisation Applications

Questions (183)

Bernard Durkan

Question:

183. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date or action pending in the determination of updated residency status or eligibility for naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [12667/14]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person 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. The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time. I am informed that the application is 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.

Residency Permits

Questions (184)

Bernard Durkan

Question:

184. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he has had sight of letters from specific persons supporting upgrading the residency status of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [12668/14]

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Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned does not have an application with INIS and their position remains the same as was outlined in my replies to previous Parliamentary Questions (18 September 2013 and 3 October 2013). This person, as a timed out student in the State, does not qualify for Stamp 4.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or too long awaited.

Naturalisation Applications

Questions (185)

Bernard Durkan

Question:

185. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if all information requested in the case of a person (details supplied) in County Kildare in respect of an application for naturalisation has been received by the relevant section of his Department; and if he will make a statement on the matter. [12669/14]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation has been received from the person referred to by the Deputy. The application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence. A letter has issued to the person concerned requesting certain information. Upon receipt of this information the case will be submitted to me for decision.

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 (186)

Bernard Durkan

Question:

186. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied) in Dublin 24, with reference to the Zambrano judgment; and if he will make a statement on the matter. [12670/14]

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Written answers

The person concerned has applied for a right of residency in the State, accompanied by a right to work, based on his parentage of an Irish born minor citizen child, and based also on the principles of the Zambrano judgment. This application is under consideration at present. When consideration of this application has been completed, and a decision arrived at, the person concerned will be notified in writing.

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 (187)

Bernard Durkan

Question:

187. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding update of stamp 4 in the case of a person (detail supplied) in County Kildare; and if he will make a statement on the matter. [12671/14]

View answer

Written answers

The person concerned has current permission to remain in the State until 11th April, 2014. The person concerned made an application for the renewal of his temporary permission to remain and this application is under consideration at present. Once a decision has been made on this application, 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.

Garda Deployment

Questions (188)

Pearse Doherty

Question:

188. Deputy Pearse Doherty asked the Minister for Justice and Equality if he will provide a breakdown of the number of gardaí who retired and were not replaced in County Donegal in the past five years; the number of vacancies in the Garda per rank in the county; the allocation he plans to make to the county during the current phase of recruitment; the timeframe to complete this process; and if he will make a statement on the matter. [12687/14]

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Written answers

While the number of retirements of gardaí in the Donegal Division in 2009 and 2010 is not readily available, there have been 55 retirements of gardaí in that Division since 2011.

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of all personnel among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources. This necessary ongoing flexibility in the distribution of personnel means that it is not feasible to identify specific vacancies within specific areas or Divisions of the Force.

The needs of the Donegal Division will be fully considered in the next allocation of probationer Gardaí by the Garda Commissioner. It is envisaged that the first batch of new recruits will enter the training college in Templemore later this year and that they will be attested and assigned to Garda stations in early 2015.

Garda Operations

Questions (189)

Róisín Shortall

Question:

189. Deputy Róisín Shortall asked the Minister for Justice and Equality if a special Garda operation is still in existence to deal with burglaries; and the action that will be taken to deal with the recent spate of burglaries in the north west of Dublin city. [12723/14]

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Written answers

Garda Operation Fiacla remains in force nationally and specific burglary initiatives continue to be implemented in each Garda Region to target suspected offenders. Operation Fiacla has proven to be a robust and effective response to burglary offences and this is borne out by the latest crime statistics published by the Central Statistics Office which show that the rate of burglary has decreased by 10.4% nationally for twelve months ending 30 September 2013. Garda actions to counteract burglary under Operation Fiacla have led to the arrest of 8,344 persons with 4,755 persons being charged as of 28 February 2014 and this underlines the impact being made by Gardaí under the operation.

In so far as the area referred to the Deputy is concerned, as part of the measures which are co-ordinated under Operation Fiacla, Operation Acer is in force throughout the Dublin Metropolitan Region, including Dublin Northwest . 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 and local Garda management closely monitor all trends in the incidence of burglary, with adjustments being made on an ongoing basis to maintain the effective focus of the operation.

Operation Acer operates alongside ongoing community policing measures, including problem solving with local communities and ongoing liaison with schools, businesses and households in providing crime prevention advice and assistance to victims of burglary. There is also full engagement with local Neighbourhood Watch and other community groups in the area. I would also draw the Deputy's attention to the recent Garda National Crime Prevention Day of Action (12 March), which focused on promoting a range of measures that householders can take to secure their homes against the threat of burglary.

Legislative Measures

Questions (190)

Terence Flanagan

Question:

190. Deputy Terence Flanagan asked the Minister for Justice and Equality the policy changes he is making to ensure citizens who do not pay fines are not sent to prison; his views on the progress made over the past five years; and if he will make a statement on the matter. [12735/14]

View answer

Written answers

The Fines (Payment and Recovery) Bill 2013 is currently before the Seanad having completed its passage through the Dáil on 19 February last. The Bill repeals Part 3 of the Fines Act 2010 and replaces it with a comprehensive fines payment and recovery regime that will ensure:

- that the court takes a person's financial circumstances into account when setting the fine;

- that it is easier for a person to pay a fine by providing that all fines may be paid by instalments;

- that where fines are not paid, the court can make an attachment order requiring the person's employer to deduct the fine from their earnings, a recovery order directing a receiver to recover the fine, including through the disposal of assets of the person, or a community service order requiring the person to perform community service;

- that a person is only committed to prison where it is not possible to make any of three orders referred to above or where a person fails to comply with a community service order.

I expect, subject to the Bill completing its passage through the Oireachtas before the Summer, that its provisions can come into effect this Autumn. The Bill, as amended, is available on the Oireachtas website.

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