Written Answers Nos. 150-158
150. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if there is a legislative provision within the Garda Síochána Act 2005 regarding the establishment of a Garda management board; and if there are future plans in place to establish a different management structure in An Garda Síochána. [14527/14]
View answerChapter 3A of Garda Síochána Act 2005, inserted by section 41 of the Criminal justice Act 2007, provides for the establishment and functions of a Garda Síochána Executive Management Board. This provision has not been commenced.
As the Deputy is aware, the Government at its meeting on 25 March reiterated its commitment to the reform of Garda oversight and accountability, which will include the establishment of an independent Garda authority appropriate to Ireland’s needs and which will maintain appropriate democratic accountability to the Oireachtas. The Government will bring forward the full detail of its comprehensive reform proposals in the coming months following the completion of the current inquiries by Judge Cooke and Mr Guerin SC, the forthcoming hearings by the Oireachtas Committee on Justice, Defence and Equality and the review of the Garda Síochána which is currently underway under the Haddington Road Agreement.
151. Deputy Derek Nolan asked the Minister for Justice and Equality the consequences for his Department of the judgment of the Northern Ireland High Court in the matter of an application for judicial review by ALJ and A, B and C [2013] NIQB 88, with particular reference to that aspect of the decision relating to Ireland and the best interest of the child; and if he will make a statement on the matter. [14560/14]
View answerThe judgment in the High Court of Northern Ireland on 14 August, 2013 in the Judicial Review case referred to dealt with a decision of the UK Border Agency (UKBA) to remove a Sudanese family from Northern Ireland to Ireland under the so-called “Dublin Regulations”. These Regulations set out the criteria for determining which Member State is responsible for examining an asylum application where applications have been lodged in more than one State.
It would not be appropriate for me to comment on a judgement made in another jurisdiction, particularly involving facts which are particular to the case. It is, nonetheless, important to point out that in response to subsequent questions raised in the UK Parliament on this case, the relevant Minister made clear that the UK was satisfied that Ireland is a safe country for the removal of asylum seekers, including children, from the UK in accordance with its position in the list of safe countries under the relevant legislation.
152. Deputy Clare Daly asked the Minister for Justice and Equality if he will provide all fee rate tables from the computer systems that calculate the amount payable to a senior counsel, junior counsel or solicitor in the Circuit Court and Central Criminal Court for the period 1996 to 2014 under the criminal legal aid scheme; the information provided to include the fee type, amount, and the dates that each rate applied. [14606/14]
View answerAs provided for by the Criminal Justice (Legal Aid) (Amendment) Regulations 1976, fees paid to counsel acting in the Circuit and higher courts for defendants who have been granted free legal aid are paid on a parity basis with the fees payable to prosecution counsel as set by the Director of Public Prosecutions (DPP). I wish to advise the Deputy that I am informed by the Financial Shared Services of my Department that unfortunately its computer system is not programmed in such a way as to produce fee rate tables as requested.
153. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he has considered recent submissions to his Department from an organisation (details supplied); if and when a response will issue to the organisation in question. [14609/14]
View answerAs the Deputy is aware, the organisation in question has circulated a wide range of material concerning this case in recent months, and as I have previously indicated, nothing I have seen in that correspondence would be grounds for my taking a different view to the conclusions set out in the Independent Examination which examined this matter. Insofar as the receipt of a recent submission is concerned, I can inform the Deputy that I have received correspondence from a member of this House forwarding a submission made on behalf of the organisation referred to and a response to this correspondence will issue in the near future.
154. Deputy Pearse Doherty asked the Minister for Justice and Equality further to Parliamentary Question No. 188 of 13 March 2014, if any of the 55 gardaí that have retired in the Donegal division since 2011 have been replaced; if so the number of same; and if he will make a statement on the matter. [14615/14]
View answerAs 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. The objective at all times is to ensure that optimum use is made of Garda resources and that the best possible Garda service is provided to the public. 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.
I am informed by the Commissioner that the strength of the Donegal Garda Division at the end of 2011 was 444 and that at the end of February 2014 it was 407 - a difference of 37. 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.
155. Deputy Heather Humphreys asked the Minister for Justice and Equality if he will provide in tabular form the number of persons who applied for Irish citizenship in 2008, 2009, 2010, 2011, 2012 and 2013; the number of applications that were successful in each of these years; the number of applications which were unsuccessful in each of these; the number of applications which are still awaiting a decision; and if he will make a statement on the matter. [14626/14]
View answerThere has been a 325% increase in the volume of applications for a certificate of naturalisation from 4,500 in 2005 and 9,500 in 2008 to the level in recent years of just under 20,000 per annum. Clearly, the dramatic increase in volume over those years impacted on the capacity of the administrative system to process them and gave rise to a large volume of cases on hand and to a situation where most cases were taking well over two years to complete. When I came into office there was a backlog of about 22,000 cases on hands. I undertook to address this issue and, in this regard, a major effort has been and continues to be made in reducing the time taken to process applications. Since my appointment, I have made decisions on some 73,000 naturalisation applications.
As the Deputy will appreciate, as well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State 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. All applications are processed with a view to establishing whether the applicants meet the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and are submitted to me for decision as expeditiously as possible. In some instances that can be established relatively quickly and in other cases completing the necessary checks can take a considerable period of time. Over 70% of all applications are now being decided in under six months, a remarkable achievement given routine applications were taking four times longer even though there were far fewer applications. Approximately 9,600 applications are currently awaiting a decision.
The detailed information sought by the Deputy in relation to the years in question is being compiled and will be conveyed to him as soon as possible.
156. Deputy Willie Penrose asked the Minister for Justice and Equality the way a person (details supplied) in County Westmeath who had a minor offence dismissed under the Probation Act is treated under the Garda clearance system when an inquiry is made thereto in respect of the person's record; and if he will make a statement on the matter. [14631/14]
View answerGarda Vetting Disclosures are predicated on the signed authorisation of a vetting subject for An Garda Síochána to disclose to the registered organisation “details of all prosecutions, successful or not, pending or completed, and/or convictions which may be recorded in respect of them in the State or elsewhere”; or alternatively that there are “no prosecutions or convictions recorded in respect of them”. The disclosure is made by the Garda Central Vetting Unit to the requesting, registered organisation of the position at the time when it is issued.
Elements 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.
Until now all records of all criminal convictions have been disclosed by the gardaí when vetting people for various employments. However, in future certain minor offences that are more than seven years old, where the person has not subsequently reoffended, will not be disclosed. In addition, cases of minor offences where charges are struck out will not be disclosed. Consideration is also currently being given to the necessity of disclosing instances where the Court has applied the Probation Act. More serious offences, however, such as all sexual offences, offences against the person, serious motoring offences, firearms offences, robbery, or any offence for which the person is convicted on indictment will continue to be disclosed in all cases.
Pending commencement of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 the revisions in approach outlined above will, in the interim be applied on an administrative basis by the Garda Central Vetting Unit.
157. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration will be given to upgrading from stamp 3 to stamp 4 in respect of residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [14660/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned does not have an application pending and should be advised to make an application to INIS immediately if the person concerned wishes to upgrade their status.
Queries in relation to the status of individual immigration cases may be made directly to 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 email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
158. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding current residency status-determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [14661/14]
View answerOfficials 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, who currently has permission to remain in the State until 12 March 2015.
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.
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.
