Thursday, 3 Apr 2014

Written Answers Nos. 177-186

Crime Data

Questions (177)

Niall Collins

Question:

177. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide a breakdown of crime statistics in the Celbridge area, County Kildare, for the years 2011, 2012 and 2013. [15873/14]

Written answers

Minister for Justice and Equality

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose.

I have requested the CSO to provide statistics directly to the Deputy.

Ministerial Meetings

Questions (178, 179, 180)

Billy Timmins

Question:

178. Deputy Billy Timmins asked the Minister for Justice and Equality when and how he received the letter which the then Garda Commissioner sent to his Department on 10 March 2014; where the letter was in the interim; and if he will make a statement on the matter. [15874/14]

Billy Timmins

Question:

179. Deputy Billy Timmins asked the Minister for Justice and Equality if he attended the meeting on 24 March 2014 with the Taoiseach and the Secretary General of his Department; the persons at that meeting; the instruction if any and by whom was given to the Secretary General of his Department; and if he will make a statement on the matter. [15875/14]

Billy Timmins

Question:

180. Deputy Billy Timmins asked the Minister for Justice and Equality the contact, if any, and the number of occasions of such contact with the Secretary General of his Department when he was on the official St. Patrick's Day visit to Mexico; and if he will make a statement on the matter. [15876/14]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 178 to 180, inclusive, together.

As I have previously informed the House the letter was furnished to me by officials at approximately 12.40 pm on 25 March, 2014. The letter was in the possession of my Department since its receipt.

On the evening of 24 March, 2014 I attended a meeting with An Taoiseach, the Attorney General and the Secretary General of the Department of An Taoiseach. We were joined for part of the meeting by the Secretary General of my Department. An Taoiseach requested the Secretary General of my Department to have discussions with the Garda Commissioner in the context of the grave concern which had arisen in relation to the recording of phone-calls at Garda stations.

There was no contact between the Secretary General and myself while I was on a recent visit to Mexico, other than to express my condolences to him on a family bereavement.

Ministerial Correspondence

Questions (181)

Billy Timmins

Question:

181. Deputy Billy Timmins asked the Minister for Justice and Equality if he advised the recently retired Garda Commissioner directly or indirectly not to withdraw his remark "disgusting", made at a meeting of the Committee of Public Accounts; and if he will make a statement on the matter. [15877/14]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate there were, of course, ongoing discussions between officials of my Department and the former Garda Commissioner about issues relating to the controversy surrounding the allegations concerning the cancellation of fixed charge notices. These would also have included discussions relating to a variety of issues arising from the Commissioner's appearance before the Public Accounts Committee.

While ongoing discussions would have encompassed the possibility of the Garda Commissioner making a further statement in relation to a specific remark he made at the Committee meeting, it was recognised at all times that the question of the Commissioner making any further statement on the issue, and the possible content of any such statement, was solely a matter for decision by the former Commissioner himself. I can assure the Deputy that there was no question of such a possibility being ruled out by me or my Department.

Naturalisation Applications

Questions (182)

Bernard Durkan

Question:

182. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding determination of application for naturalisation in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [15916/14]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) 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. While most cases are now generally processed within six months, 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 this 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, and will be submitted to me for decision as expeditiously as possible.

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.

Deportation Orders

Questions (183)

Bernard Durkan

Question:

183. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status, leave to remain and-or eligibility for naturalisation in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [15917/14]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service of my Department that the person concerned is a failed asylum applicant. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 6th April, 2009, that the then Minister proposed to make a Deportation Order in respect of them. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making written representations to the then Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for subsidiary protection.

The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. Her judicial review leave application was refused by the High Court on 18th December, 2013 meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood. They have since submitted written representations pursuant to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and their position in the State will now 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 a final decision is made. Once a final decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to them.

In relation to the second person referred to by the Deputy, a minor child of the referred to above, if they have 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 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 (184)

Bernard Durkan

Question:

184. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency and-or eligibility for naturalisation in the case of a person (details supplied) in Dublin 11; if this case will be reviewed on foot of their employment record having particular regard to the strong recommendation from their workplace; and if he will make a statement on the matter. [15918/14]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned arrived in the State on 11 May 2004 and remained on Student conditions until 1 March 2007. Since that date, it would appear that this person has remained here without any permission to do so. This is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-national may be in the State other than in accordance with the terms of any permission given to him by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State. A person found guilty of such an offence is liable under Section 13 of the Act of 2004 to a fine not exceeding €3000 or to imprisonment for a term not exceeding 12 months or both.

A non-EEA national who does not have a valid work permit and works in the State would be in breach of the Employment Permits Acts 2003 and 2006. Indeed both an employee and the employer would be in breach of these Acts if a non-EEA national is employed without the appropriate employment permit.

The individual concerned has been instructed to leave the State by both INIS and the Garda National Immigration Bureau. As he has apparently failed to do so, INIS will be in touch with this person shortly.

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.

Naturalisation Applications

Questions (185)

Bernard Durkan

Question:

185. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding leave to remain and-or eligibility for consideration for naturalisation in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [15919/14]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted refugee status on 22 November 2013.

A letter issued to the person on 22 November 2013 informing her of the Minister's decision together with an instruction that they attend their local Garda station in order to be registered as a refugee.

I am informed by Citizenship Division that there is no record of an application for a Certificate of Naturalisation having been submitted by the person referred to in the Deputy's question. It is open to anyone to apply for naturalisation when they are in a position to satisfy the statutory requirements.

Residency Permits

Questions (186)

Bernard Durkan

Question:

186. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if provision will be made to update the residency status in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [15920/14]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service of my Department that the person concerned entered the State on 30th January, 2006 and was granted permission to remain until 7th February, 2006. The person concerned has remained in the State without permission since that latter date. Consequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), they were notified, by letter dated 16th September, 2013, that the Minister proposed to make a Deportation Order in respect of them. They were given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making written representations to the Minister setting out the reasons why she should not have a Deportation Order made against them. Written representations have been submitted on behalf of the person concerned.

The position in the State of the person concerned will now 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 a final decision is made. Once a final decision has been made, 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.