Written Answers Nos. 159-167
159. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and likely position in respect of an application for naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [14662/14]
View answerI 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. The application is at an advanced stage of processing and the applicant will be informed of my 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.
160. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) in Dublin 1 and their spouse have an entitlement to long term residency Stamp 4 arising from their employment on foot of a work permit for more than five years; and if he will make a statement on the matter. [14663/14]
View answerI 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 as well as after the application process.
The person for whom details have been given and his spouse were registered in the State under Stamp 2 conditions, which expired on 31 December 2013. The holding of this type of immigration permission permits the persons concerned to reside in the State for study purposes but does not permit them to enter full-time employment, without having an employment permit.
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.
161. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status in the case of a person (details supplied) in County Kildare, when updated stamp 4 will issue; and if he will make a statement on the matter. [14664/14]
View answerIn light of the fact that neither of the persons concerned, a husband and wife, had a valid basis to remain in the State, they were both issued with notifications of intention to deport, by separate letters dated 6th June, 2013. These communications advised them of the options open to them as a result which were to leave the State voluntarily, to consent to the making of a Deportation Order or to submit written representations setting out reasons as to why they should not have deportation orders made against them. Written representations have been submitted by and on behalf of both of the persons concerned.
The position in the State of the persons concerned will be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before final decisions are made. Once final decisions have been made, these decisions, and the consequences of the decisions, will be conveyed in writing to the persons 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.
162. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding entitlement to naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [14665/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation was received from the person referred to by the Deputy, which was refused. The person concerned was informed of this refusal and the reasons for it in a letter issued on 14 August, 2013.
It is open to the person in question to lodge a new application if and when he is in a position to meet the statutory requirements applicable at that time.
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 I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.
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 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.
163. Deputy Dan Neville asked the Minister for Justice and Equality further to Parliamentary Question No. 409 of 11 March 2014, while ASIST training has been provided to gardaí in training since 2004, a number of gardaí have not been trained; and his views that it should be compulsory that all the gardaí would have the necessary training to deal with the issue of suicide, including a suicidal driver. [14684/14]
View answerAs stated in my reply of 11th March 2014, all Gardaí have received training in suicide and related matters. In addition to this initial training, the new specialist programme, ASIST, has already been introduced and provided to a number of Gardaí and workshops have taken place across the country. The ASIST programme will also be delivered to all new recruits entering the College in the future.
164. Deputy Bernard J. Durkan asked the Minister for Defence further to Parliamentary Question No. 437 of 11 March 2014, in respect of a person (details supplied) in County Kildare, if the person was unduly disadvantaged by virtue of the compensation award which appears to have affected the person's disability pension in a negative way; if a reduction in the disability pension should have occurred at all in view of the fact that the injury resulted in the person's retirement from the Defence Forces; and if he will make a statement on the matter. [14676/14]
View answerAs outlined in my previous reply the Army Pensions Acts provide for the grant of pensions and gratuities to former members of the Permanent Defence Force (PDF) in respect of permanent disablement due to a wound or injury attributable to military service (whether at home or abroad) or due to disease attributable to or aggravated by overseas service with the United Nations. Section 13(2) of the Army Pension Act 1923 provides that any compensation received from or on behalf of the person alleged to be responsible for the act which caused the wounding may be taken into consideration in fixing the amount of any pension, allowance or gratuity awarded.
In this case the person in question was awarded a disability pension under the Army Pensions Acts in respect of a wrist injury sustained while serving in the PDF. The person in question also instituted civil proceedings and was awarded compensation of €37,457 (£29,500) in respect of the same injury. The reduction in disability pension was made in consideration of the fact that compensation was awarded ‘on the double’ in respect of the same disablement. The (tax free) disability pension awarded is currently payable at the rate of €9,725.17 per year.
Compulsory retirement or discharge from the Defence Forces on medical grounds does not give an automatic entitlement to a disability pension and does not affect the rate of disability pension payable. The rate of disability pension depends on the degree of disablement as assessed by the Army Pensions Board, the independent statutory body appointed to adjudicate on applications. The Board’s principal function is to investigate applications for pensions, allowances and gratuities under the Acts and to report thereon. The Board determines the question of attributability to military service in each case and assesses the degree of disability
Broadly speaking, the criteria for awarding a disability pension or gratuity are based on whether the applicant is suffering from a permanent disablement due to a wound/injury or disease which is attributable to his military service at home or abroad, and the percentage degree of that disablement.
I am satisfied that the review of the disability pension payable in this case was in accordance with the provisions of Section 13(2) of the Army Pensions Act 1923 and therefore the decision must stand.
165. Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine if he will examine in respect of litigation involving a person (details supplied) in County Kildare, the position of the settlement due to this person; the total cost to the State to date, including legal costs in this matter; and if he will make a statement on the matter. [14456/14]
View answerThis case relates to a claim in respect of a 1997 Supreme Court Judgment on the implementation of the Milk Quota Regulations which ruled that the Minister erred in failing to establish a National Reserve allocation for farmers who operated in special circumstances (e.g. developing farmers). The claim involved over 200 farmers but a settlement ruling by Ms Justice Laffoy in March 2001 was accepted by the vast majority of claimants. All of the outstanding cases have now been finalised and all settlements discharged, with the exception of the case being referred to by the Deputy.
In relation to this case agreement was reached in January 2012 between the Chief State Solicitors Office, on behalf of my Department, and the legal representatives of the person named by the Deputy through the High Court mediation process, with Mr Patrick McCarthy SC as mediator. However due to ongoing delays by the person named, in signing off on the settlement terms, they have not yet been enacted by my Department.
Consequently, given that the case is still the subject of live legal proceedings, it would not be appropriate for me to make any further comments, other than to say that if the person named wishes to get additional information on the current status of the case, he should ask his solicitor to contact the Chief State Solicitor’s Office with a view to bringing the proceedings to a close.
All legal costs relating to my Department are borne by the Chief State Solicitors Office.
166. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding fish quotas (details supplied). [14467/14]
View answerI will take it that this question concerns mackerel. After extensive and lengthy consultations during 2009 and 2010, the then Minister introduced new management arrangements for polyvalent mackerel in November 2010. Mackerel allocations were made available to vessel owners based on track record from the two best years 2007, 2008, 2009.
The policy sets out that 13% of the national Mackerel quota is available to the polyvalent segment as follows: 76.5% of the polyvalent mackerel quota is allocated to Tier 1 and 21% for Tier 2, the remaining 2.5% is available to cover the artisanal gill net fishermen and under 18m vessels with periodic boat catch limits set usually on a monthly or bi-monthly basis. Vessels qualified for either of the Tiers on the basis of having caught more than 35% of the mackerel allocated to them in an average of 2 of the reference years. In order to qualify for Tier 1 allocations, a vessel had to have landed more than an average of 275 tonnes of mackerel per year. To qualify for a Tier 2 allocation, a vessel had to have landed more than 25 tonnes of mackerel per year. These quantities were chosen so as to ensure that there is no general loss of fishing opportunities to vessels, based on track record in the period 2007-2009
Given the long and detailed consultation process which went into development of the mackerel policy in recent years, I consider this matter settled and I see no merit in adjusting the allocation ratios as proposed.
167. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine the position regarding the 2013 agri-environment option scheme payment in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [14491/14]
View answerThe person named was approved for participation in the Agri-Environment Options Scheme (AEOS 3) with effect from 1 May 2013.
Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. These checks are well under way and I anticipate that payments for AEOS 3 in respect of 2013 will commence shortly.
