Written Answers Nos. 533-550
533. Deputy Charles Flanagan asked the Minister for Justice and Equality if any change in the law is planned or envisaged in relation to the poor box system in the courts; and if he will make a statement on the matter. [18609/14]
View answerIn early February, the Government approved the drafting of a Criminal Justice (Community Sanctions) Bill to replace the Probation of Offenders Act 1907 with modern provisions dealing with community sanctions and the role of the Probation Service in the criminal justice system.
The General Scheme of the Bill, which is available on my Department's website, has been submitted to the Oireachtas Joint Committee on Justice, Defence and Equality for pre-legislative consideration and has been submitted to the Office of the Parliamentary Counsel for drafting.
It is my intention that the legislation will abolish the Court Poor Box and replace it with a statutory Reparation Fund to provide for a fair, equitable and transparent system of reparation that will apply only to minor offences dealt with by the District Court. The replacement of the Court Poor Box with a statutory Reparation Fund was recommended by the Law Reform Commission in its 2005 report The Court Poor Box: Probation of Offenders.
The new Reparation Fund will be used to provide additional funding for services for victims of crime and compensation payments payable by the Criminal Injuries Compensation Tribunal. The legislation will clearly provide that the Reparation Fund may not be used for any purpose other than the provision of compensation, reparation and assistance for victims of crime.
535. Deputy Niall Collins asked the Minister for Justice and Equality the total number of applicants and number of successful applicants for the start-up entrepreneur programme to date; and if he will make a statement on the matter. [18634/14]
View answerTo date, thirty six applications for the Start-up Entrepreneur Programme have been received by the Department of Justice and Equality. Twenty one of those applications have been successful and five applications are currently under consideration. Of the remaining applications, two applicants withdrew from the process while the remaining eight applications were not deemed to meet the criteria for acceptance on to the programme.
536. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will indicate notwithstanding his reply to a previous parliamentary question in the case of a person (details supplied) in County Monaghan whether consideration is likely on humanitarian or compassionate grounds in view of their medical history and evidence submitted regarding their attendance at Louth County Hospital, Dundalk, coloscopy clinic and Beaumount Hospital; and if he will make a statement on the matter. [18656/14]
View answerAs stated in response to Parliamentary Question No. 146 of 10 April, 2014, if the person 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. The question of leave to remain in the State on humanitarian or compassionate grounds, where such persons fail to secure protection status, would be a matter to be considered under Section 3 of the Immigration Act 1999 in due course.
537. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed by a person (details supplied) in County Kildare notwithstanding his reply to previous parliamentary questions; if their current status can be regularised without relying on the passport service in their homeland which has proven to be extremely unco-operative and unhelpful; if in the circumstances any steps can be taken to progress the case in view of the likelihood that they will not receive co-operation from their homeland passport service; and if he will make a statement on the matter. [18657/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State for a three year period to 15th October, 2016. This decision was conveyed in writing to the person concerned by letter dated 15th October, 2013. That communication advised the person concerned of the requirement that they 'register' at their local Immigration Registration Office, in accordance with the provisions of Section 9 (2) (a) of the Immigration Act 2004.
The Deputy might wish to note that Section 9 (2) (a) of the Immigration Act 2004 states the following.
".... a non-national shall comply with the following requirements as to registration:
"..... he or she shall, as soon as may be, furnish to the registration officer for the registration district in which he or she is resident, the particulars set out in the Second Schedule, and, unless he or she gives a satisfactory explanation of the circumstances which prevent his or her doing so, produce to the registration officer a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her nationality;.....".
As I advised the Deputy previously, responsibility for the registration process is vested in the Garda National Immigration Bureau, a dedicated Unit of An Garda Síochána with responsibility for immigration and border control matters. As a result, in the event that the person concerned cannot, in spite of their best efforts, obtain a national passport, they will need to present to their local Immigration Registration Office documentary evidence of the formal efforts they have made to obtain such a document. This, however, is a matter which must ultimately be resolved between the person concerned and their local Immigration Registration Office in accordance with the relevant provisions of the Immigration Act as outlined above.
538. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [18664/14]
View answerAs the Deputy will be aware, if the person whose details were supplied 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
539. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to determination of residency status in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [18665/14]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State for one year on 11 October, 2001, under the arrangements then in place for the non-EEA national parents of Irish born citizen children. This permission was renewed by the Garda National Immigration Bureau (GNIB), on a regular basis until 20 June 2011. Following a review of his case by the relevant officials in the INIS, due to changed circumstances his permission was renewed in 2011 for three years, and is currently valid until 21 June 2014. I would advise the person concerned to apply to the GNIB to have his permission to remain in the State further renewed.
I am informed by the INIS that a valid application for a certificate of naturalisation was received from the person concerned. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.
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.
540. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to determination of eligibility for residency-naturalisation in the case of a person (details supplied) in County Longford; and if he will make a statement on the matter. [18666/14]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order and therefore has no entitlement to residency in the State.
The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State.
The enforcement of the Deportation Order remains an operational matter for the Garda National Immigration Bureau.
Queries in relation to the status of individual immigration cases may be made directly to the 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 e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.
541. Deputy Bernard J. Durkan asked the Minister for Justice and Equality notwithstanding his response to a previous parliamentary question in the case of persons (details supplied) in County Clare who appear to be of a similar status to undocumented Irish in the US, if any particular steps will be taken to regularise their position in view of the fact that they have been in this jurisdiction and in employment for more than five years; and if he will make a statement on the matter. [18667/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons mentioned by the Deputy would appear to have remained in the State without the appropriate permission. 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.
The persons concerned should immediately contact their local Garda Immigration Officer or write to the Residence Division of INIS, setting out all relevant facts.
Queries in relation to general 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.
542. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if provision will be made to regularise the residency position in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [18669/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons mentioned by the Deputy would appear to have remained in the State without the appropriate permission. 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.
The persons concerned should immediately contact their local Garda Immigration Officer or write to the Residence Division of INIS, setting out all relevant facts.
Queries in relation to general 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.
543. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) in County Carlow qualifies for long-term residency; and if he will make a statement on the matter. [18671/14]
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 and after the application process.
The person concerned is currently registered in the State under Stamp 4 conditions until 8/12/2014. The holding of this type of immigration permission permits the person concerned to reside in the State, to enter employment without having to acquire an employment permit or to set up a business. Renewal of this immigration permission is subject to the person concerned presenting for registration at their local immigration before the expiry date of their current permission.
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.
544. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which a person (details supplied) in County Longford complies with criteria for long-term residency or entitlement to naturalisation in view of the fact that they have lived and worked here along with their spouse and child who have been in this jurisdiction for the past six years; and if he will make a statement on the matter. [18672/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy submitted an application for Long Term Residency in September 2013. However, as the application did not satisfy the eligibility criteria, the application was refused, also in September 2013.
Long Term Residency is granted on the basis that non EEA national has completed five years legal residency on work permit/work authorisation/ working visa or green card permit conditions. The applicant must be 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 and after the application process. Residency is calculated from the corresponding Stamp 1/Stamp 4 endorsements in an applicant's passport and not by the dates of commencement and expiry of each work permit/work authorisation/ working visa or green card permit.
It is open to any individual to lodge an application for Long Term Residency if and when they are in a position to meet the eligibility criteria. Full details of the qualifying criteria can be found on www.inis.gov.ie.
I am further advised by officials in the Citizenship Division of INIS 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.
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.
545. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the arrangements in place to inform members of An Garda Síochána of the enactment of new legislation, such as in the area of road traffic legislation, from the date of a commencement order being signed so that members are aware of the way key provisions of new legislation affect the exercise of their duties. [18676/14]
View answerI have been advised by the Garda Commissioner that each new piece of legislation which may impact upon the work of Garda members, such as road traffic legislation, is reviewed within An Garda Síochána and matters pertaining to Garda activities are highlighted, explained and disseminated throughout the Garda Organisation as Headquarter Directives.
546. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 125 of 10 April 2014, the reasons for not having figures available for the recent Operation Learner Driver, which took place in February last; and if he will make a statement on the matter. [18677/14]
View answerI am advised by the Garda authorities that the reason the figures in relation to Operation Learner Driver, which took place in February last, are not available is that they were not collated on that occasion. I am, however, assured that figures in respect of the three further operations planned for 2014 will be collated.
547. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide a breakdown, based on each court district, of the number of drivers in each month of 2014 to date who have appeared in court charged with offences under the Road Traffic Acts and avoided convictions because they agreed to make a donation to the court poor box. [18678/14]
View answerThe court poor box is a non-statutory system used mostly by the District Courts to impose a financial charge on a defendant to be used for a charitable purpose, usually instead of imposing a criminal conviction. Payments made to the court poor box are accounted for by the court office concerned and the accounting procedures are subject to audit by the Comptroller and Auditor General. Generally, charities are the recipients of poor box contributions but the decision is solely at the discretion of the Judge who is 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 order to be of assistance to the Deputy, I have had enquiries made and the table below sets out by District the number of drivers who appeared in court charged with offences under the Road Traffic Acts and the outcome of whose cases resulted in payments to the Court Poor Box in January, February and March 2014.
|
District Number |
January |
February |
March |
Total |
|
District No 1 |
4 |
4 |
2 |
10 |
|
District No 2 |
19 |
13 |
11 |
43 |
|
District No 3 |
3 |
0 |
0 |
3 |
|
District No 4 |
9 |
2 |
0 |
11 |
|
District No 5 |
2 |
7 |
2 |
11 |
|
District No 6 |
0 |
1 |
0 |
1 |
|
District No 7 |
0 |
0 |
0 |
0 |
|
District No 8 |
0 |
0 |
0 |
0 |
|
District No 9 |
22 |
9 |
4 |
35 |
|
District No 10 |
1 |
0 |
0 |
1 |
|
District No 12 |
15 |
13 |
17 |
45 |
|
District No 13 |
5 |
15 |
9 |
29 |
|
District No 15 |
4 |
1 |
2 |
7 |
|
District No 16 |
0 |
0 |
0 |
0 |
|
District No 17 |
6 |
7 |
19 |
32 |
|
District No 18 |
13 |
18 |
7 |
38 |
|
District No 19 |
0 |
1 |
0 |
1 |
|
District No 20 |
19 |
8 |
29 |
56 |
|
District No 21 |
7 |
10 |
9 |
26 |
|
District No 22 |
6 |
4 |
1 |
11 |
|
District No 23 |
1 |
0 |
0 |
1 |
|
District No 24 |
0 |
0 |
0 |
0 |
|
District No 25 |
0 |
0 |
0 |
0 |
|
Dublin Metropolitan District |
83 |
41 |
54 |
178 |
|
Total |
219 |
154 |
166 |
539 |
The Deputy will be aware that the Government recently approved the drafting of the Criminal Justice (Community Sanctions) Bill and the publication of the General Scheme of the Bill. The proposed legislation will abolish the Court Poor Box and replace it with a statutory Reparation Fund to provide for a fair, equitable and transparent system of reparation that will apply only to minor offences dealt with by the District Court.
548. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 185 and 186 of 20 February 2014, if the information he undertook to supply is now to hand. [18680/14]
View answerA report has been requested from the Garda authorities in relation to the information sought by the Deputy. I will contact him directly as soon as the report is to hand.
549. Deputy Colm Keaveney asked the Minister for Justice and Equality the number of vehicles assigned to the Garda station in Craughwell, County Galway during the month of March 2012, March 2013, and March 2014 respectively; and if he will make a statement on the matter. [18721/14]
View answerDecisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of his identified operational demands and the availability of resources.
Responsibility for the efficient deployment of Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations, as required by operational circumstances. The Deputy will appreciate that a degree of flexibility in allocating and re-allocating vehicles among stations, so as to best match the allocation of resources with policing priorities, is essential to the efficient management of the Garda fleet. As a consequence it is not fully practicable to provide a breakdown of Garda vehicles by individual station.
Craughwell Garda Station was formerly part of the Gort District in the Galway Division. As part of An Garda Síochána's District amalgamation programme outlined in the 2013 Policing Plan, Gort District was amalgamated with the Loughrea District in November 2013.
I am advised by the Garda authorities that the allocation of vehicles in the Gort District for 31 March 2012 and 31 March 2013 and the Loughrea District for 31 March 2014 is as shown in the following table:
|
- |
No. of vehicles at 31 March 2012 |
No. of vehicles at 31 March 2013 |
No. of vehicles at 31 March 2014 |
|
Gort District |
5 |
4 |
- |
|
Loughrea District |
- |
- |
6 |
I am also informed by the Garda authorities that the current policing arrangements for the Loughrea District make the best use of available resources and that a full policing service is being delivered to the relevant communities.
550. Deputy Eric Byrne asked the Minister for Justice and Equality his views on assisted decision making; and if he will make a statement on the matter. [18732/14]
View answerMy Department is currently preparing for Committee Stage of the Assisted Decision-Making (Capacity) Bill. The intention is that Committee Stage would take place during this session before the Dáil Select Committee on Justice, Defence and Equality. As the Deputy will be aware, that Committee is itself responsible for decisions on scheduling of its work. I understand, in this regard, that the Committee has sought and obtained further submissions on the Bill.
The Assisted Decision-Making (Capacity) Bill has been designed to provide a continuum of decision-making support options to safeguard a person's autonomy to the greatest extent possible. The assisted decision-making option is aimed at the person whose decision-making capacity is somewhat impaired but who, with the necessary information and explanation, could exercise his or her decision-making capacity. This option allows the person to appoint a decision-making assistant under a decision-making assistance agreement that sets out the role and responsibilities of the decision-making assistant.
This is only one of three types of intervention contemplated by the Bill in the area of assisted decision-making for persons who have difficulties in terms of decision-making. The second option is co-decision-making which allows for joint decision-making with a co-decision-maker under a co-decision-making agreement. The third option involves the appointment of a decision-making representative to take decisions on the person's behalf, as a last resort option where the person lacks capacity, but subject to safeguards such as the obligation to take account of the person's will and preferences. The Bill also makes reforms to the Enduring Power of Attorney legislation and provides for the creation of a new Office of the Public Guardian to oversee these new options. It also provides for the abolition of wardship.
