Written Answers Nos. 551-568
551. Deputy Willie Penrose asked the Minister for Justice and Equality the remedies available to households that are subject to ongoing harassment and intimidation from neighbours, which is an ongoing social issue; and if he will make a statement on the matter. [18734/14]
View answerI am assured by the Garda authorities that any complaints made to the Gardaí in relation to the type of situations referred to by the Deputy are fully investigated.
In this regard there is a range of strong legislative provisions available to an An Garda Síochána to combat anti-social behaviour, including provisions under the Criminal Damage Act 1991, the Criminal Justice (Public Order) Act 1994, the Criminal Justice (Public Order) Act 2003, and the Intoxicating Liquor Acts 2003 and 2008.
I am advised that policing policy in this regard is predicated on the prevention of crime, including public order offences and crimes of violence against persons and property with a view to supporting improvements in the quality of life for local residents. Garda Community Policing Units pursue a partnership approach to problem solving with the community and engage in a range of community focussed initiatives including Joint Policing Committees, Community Alert and Neighbourhood Watch.
If a person is concerned about any behaviour which they feel may be of a criminal nature then full information on the matter should be provided to local Gardaí. As well as contacting the Gardaí directly, information can be provided to An Garda Síochána by way of the Garda confidential line, 1800 666 111, which is a monitored freephone line that allows members of the public to contact An Garda Síochána in confidence.
552. Deputy Finian McGrath asked the Minister for Justice and Equality his views on concerns expressed about the fitness for purpose of legislative provisions (details supplied) regarding the commission of investigation; and if he will make a statement on the matter. [18735/14]
View answerThe Deputy will be aware that the terms of reference for the Commission of Investigation being undertaken by Mr Justice Nial Fennelly in connection with certain Garda related matters were recently approved by Dáil Eireann and the Government has no proposals to alter the remit or the powers of the Commission.
553. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality further to Parliamentary Question No. 741 of 25 March 2014, if he will provide an indicative timetable for the appointment of the other board members and when the applications will be determined. [18778/14]
View answerI can inform the Deputy that I recently issued a press release seeking expressions of interest from suitably-qualified persons who wish to be considered for appointment as members to the Criminal Injuries Compensation Tribunal.
Full details are available on the web site of the Department of Justice and Equality and can be accessed via the link below:
http://www.justice.ie/en/JELR/Pages/PR14000100
Closing date for receipt of expressions of interest was yesterday 29 April and I expect to make appointments to the Tribunal as soon as possible after consideration of the expressions of interest received.
554. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if, having regard to the time spent in this jurisdiction in full employment over the past 12 years, if he will consider the basis for regularisation of residency on foot of updating of stamp 4, reference to work permit or other in the case of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [18791/14]
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 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 actually received by the person concerned.
However, following the Deputy's earlier Question about this case, a representative of the Irish Naturalisation and Immigration Service wrote to the person concerned on 20th March, 2014 requesting certain information and clarifications in relation to their personal and domestic circumstances. I am advised that this correspondence, which was sent by registered post to the last notified address of the person concerned, was returned undelivered to the Irish Naturalisation and Immigration Service on 28th March, 2014. Given that a different address is included with the Deputy's Question, arrangements will be made to have this letter re-issued to that latter address in the coming days. The position in the State of the person concerned will be considered further upon receipt of the requested information.
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.
555. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of application for naturalisation in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [18792/14]
View answerI can inform the Deputy that the application has entered the final stage of processing and I intend to grant citizenship. A letter has issued to the person referred to by the Deputy asking her to submit the prescribed fee and other documents. When the fee and documentation has been received, the person concerned will be invited in due course to attend a citizenship ceremony, at which she will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive her certificate of naturalisation.
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.
556. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which assessment of application for Stamp 4 update has progressed in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [18796/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application was received from the person on 02/12/2013. Applications are dealt with in chronological order and this application will receive attention shortly.
It is noted that this person's permission as a student in the State expired on 14 November 2012. It would therefore appear that this person has 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.
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.
557. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which a person (details supplied) in County Dublin has been offered or has availed of the options available over a 15-day period within which to make submission on their own behalf, if in the event of such submission not being made, an extension of time may be provided to facilitate them; and if he will make a statement on the matter. [18797/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the type of letter referred to by the Deputy will issue to the person mentioned within the coming days.
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.
558. Deputy Marcella Corcoran Kennedy asked the Minister for Justice and Equality the action to be taken by a leaving certificate student (details supplied) whose visa expires in August, in order to remain here and pursue third level education; and if he will make a statement on the matter. [18810/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy is currently registered in the State under Stamp 3 conditions valid until 13 August, 2014 which is renewable directly with their local immigration officer shortly before its expiry date.
It remains open to the person concerned to make a written application to INIS seeking to have their immigration status changed to a Stamp 4 on the basis of family dependency of an Irish national if they so choose.
I wish to advise the Deputy that access to third level education is determined by the Department of Education and Skills. It is for that Department and the bodies operating under its aegis to decide on the criteria that must be satisfied to allow access to that level of education. Neither I, as Minister, nor my Department have any function in such matters.
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.
559. Deputy Patrick O'Donovan asked the Minister for Justice and Equality if he will provide an update on the Garda recruitment campaign; and if he will make a statement on the matter. [18817/14]
View answerThe Public Appointments Service (PAS) is managing the recruitment process for the Garda Commissioner and I have no direct involvement in the matter. I have, however, been informed that some 25,000 applications were received for the current competition. It is understood that around 18,000 candidates completed stage 1 tests, and of these approximately 13,000 reached a satisfactory standard. These 13,000 candidates were placed in three Bands in order of merit. All candidates have been informed by PAS of the results of these tests and of their position in each Band.
The top 5,000 candidates were placed in Band 1. These were then called to the next stages of the competition which involved further online unsupervised assessment tests and then a supervised test. Those who were successful will now be called for interviews, medical examinations and security checks. All these tests are designed to identify candidates who are suitable to be a Garda trainee. Candidates who are successful through all stages will be placed on a panel for entry into training in the Garda College. A candidate who fails any stage of the process will be eliminated and will not be allowed re-enter this particular competition.
It is expected that the first recruits will join An Garda Síochána in July of this year.
560. Deputy Michael McCarthy asked the Minister for Justice and Equality if he will provide a breakdown of the funding allocations from his Department for women's aid services in each county in 2011, 2012, 2013 and to date in 2014; and if he will make a statement on the matter. [18826/14]
View answerThe information requested by the Deputy is attached in the tabular statement below. Funding was provided by Cosc, The National Office for the Prevention of Domestic, Sexual and Gender-based Violence, towards awareness-raising activities and by the Commission for the Support of Victims of Crime, towards court accompaniment services.
The Deputy may be aware that core funding for Women's Aid is provided by the Child and Family Agency, which falls under the remit of my colleague the Minister for Children and Youth Affairs.
|
Year |
2011 |
2012 |
2013 |
2014 |
|
Women's Aid Dublin allocation |
€131,007.44 |
€126,500 |
€112,792 |
€130,795 (includes Women's Aid's share of funding awarded jointly to them and Dublin Rape Crisis Centre amounting to €42,500) |
|
Women's Aid Louth (Dundalk) allocation |
€14,500 |
€16,800 |
€17,560 |
€14,000 |
|
Carlow Women's Aid |
€15,000 |
€16,750 |
€15,700 |
€14,200 |
561. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality the reason the cost of obtaining Irish citizenship for EEA residents is so excessive; and if he will make a statement on the matter. [18829/14]
View answerThe Irish Nationality and Citizenship Regulations 2011 set out the prescribed fees to be paid by an applicant for a certificate of naturalisation. An application fee of €175 is payable on application for a certificate of naturalisation and a fee is payable by applicants on the issue of a certificate of naturalisation. The standard certification fee is €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of refugees and stateless persons the certification fee is nil. There is no legal provision to waive the applicable statutory fees in any circumstance.
The standard fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for a certificate of naturalisation. Every application, including those made by EEA residents, must be assessed to establish if the statutory requirements are met. The granting of Irish citizenship through naturalisation is a privilege and an honour and it is important that appropriate procedures are in place to preserve the integrity of the process.
As the Deputy will be aware I have introduced formal citizenship ceremonies at no extra cost to applicants. These have been universally well received by participants as the ceremonies provide a sense of dignity and occasion that serves to underscore the importance to both the State and the applicant of the granting of Irish citizenship.
562. Deputy Marcella Corcoran Kennedy asked the Minister for Justice and Equality if there is a legal requirement on personal insolvency practitioners to charge a set fee to clients; the amount of the fee; if PIPs are allowed to set their own scale of fees; and if he will make a statement on the matter. [18883/14]
View answerThe Insolvency Service of Ireland (ISI) has no regulatory power over the level of fees that a Personal Insolvency Practitioner may charge; therefore it does not prescribe the Practitioner’s fees.
Fees are negotiated by the Practitioner with the debtor on a case by case basis in advance of a case proceeding and those fees are deducted from the amount of money an individual debtor is calculated as having available to pay their creditors during the term of the arrangement.
Regulation 15 of S.I. No. 209 of 2013 - the Personal Insolvency Act 2012 (Authorisation and Supervision of Personal Insolvency Practitioners) Regulations 2013 - provides that a Personal Insolvency Practitioner may charge fees for all work done by him or her at any time in performing his or her functions under the Personal Insolvency Act 2012, as amended.
Prior to a Practitioner's appointment, he or she must, in accordance with section 49 of the Act, provide information in writing to the debtor relating to the fee arrangement and other conditions of appointment. Accordingly, all fees should be clearly set out by the practitioner prior to appointment.
There are currently over 130 Practitioners authorised by the ISI and they have various fee models. A list of these Practitioners can be located on the ISI’s website www.isi.gov.ie.
563. Deputy Michael McCarthy asked the Minister for Justice and Equality in regard to the recruitment campaign for An Garda Síochána the expected time frame for new recruits to commence training in Templemore; when it is expected that attested trainees will be assigned to stations of employment; the number he expects will be attested during the lifetime of this Government; and if he will make a statement on the matter. [18911/14]
View answerIt is intended that the first intake of new Garda trainees who have successfully completed all stages of the recruitment process will enter the Garda College in the middle of this year. They will participate in the new training programme over the remainder of 2014 and it is expected that they will attest in early 2015. At that stage they will be assigned to Garda stations throughout the country by the Garda Commissioner.
My objective is to maintain Garda strength at 13,000 and the number of trainees to be recruited will be determined taking that objective into account along with the rate of departures from the force over the coming years. It is worth noting on this point that, generally speaking, between 300 and 400 Gardaí leave the Force each year for reasons including retirements, medical discharges and dismissals.
564. Deputy David Stanton asked the Minister for Justice and Equality with respect to the establishments of joint policing committees in the context of the new local authority municipal districts, his plans, if any, to establish new joint policing committees to reflect the said districts; and if he will make a statement on the matter. [18919/14]
View answerAs the Deputy will be aware, I initiated a review of the operation of Joint Policing Committees in the context of the commitment in the Programme for Government to build on existing community policing partnerships. My Department, together with the Garda authorities and the Department of the Environment, Community and Local Government has examined the feedback obtained during the review process, as well as related issues arising from the broader process of local government reform. In this context, the Deputy will be aware that as part of the process of local government reform the existing town councils will be replaced as part of a new model of governance, and it follows that this will have implications for the number of JPCs in the future.
Under the terms of the Garda Síochána Act 2005, JPCs operate in each local authority area. Therefore, with the reduction in local authority areas as a result of local government reform JPCs will remain in city and county areas only. I should point out that a feature of the feedback received during the recent review of JPCs was that the number of committees needed to be rationalised to ensure that they maintained a proper focus on strategic policing issues.
As part of the present JPC review process and in consultation with the Minister for the Environment, Community and Local Government and the Garda Commissioner, I will take account of all relevant developments in local government structures with a view to ensuring that the structures which support local policing are as effective as possible. I can advise the Deputy that recommendations concerning revisions to the JPC guidelines are at an advanced stage of preparation.
565. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding eligibility for naturalisation-stamp 4 in the interim in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [18950/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy is currently registered in the State under Stamp 3 conditions having renewed their registration on 01 April, 2014. This permission is valid until 01 April, 2015 and is renewable directly with their local immigration officer shortly before its expiry date.
It remains open to the person concerned to make a written application to INIS seeking to have their immigration status changed to a Stamp 4 on the basis of family dependency of an Irish national.
I am also advised by INIS that there is no record of a current 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 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.
566. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if previous offences in the case of a person (details supplied) in County Dublin will forever impede their ability to make a valid application for naturalisation; and if he will make a statement on the matter. [18951/14]
View answerAll applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Irish Nationality and Citizenship Act 1956, as amended. Section 15 of the Act provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation if satisfied certain statutory conditions are fulfilled. In particular, these conditions require that an applicant is of good character; has 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, has had a total residence in the State amounting to four years; that he or she intends in good faith to continue to reside in the State after naturalisation; and has made a declaration in the prescribed manner of fidelity to the Irish nation and loyalty to the State.
It would be inappropriate for me to indicate how specific offences will be considered in any future application as each application is considered on its merits based on the entirety of the case presented. I can inform the Deputy that I am concerned to ensure that the threshold of what constitutes good character is, taking all things into account, maintained at an appropriate level and as such is fair to all applicants having regard to their particular circumstances.
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.
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.
567. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in the case of a person (details supplied) in County Dublin to progress their case to a stamp 4-eligibility for naturalisation in view of the fact that they are resident here since 1999; and if he will make a statement on the matter. [18952/14]
View answerI am informed by the Irish Naturalisation Immigration Service (INIS) of my Department that the parents of the person concerned were granted permission to remain in the State in 2001 under the arrangements then in place for the non-EEA national parents of Irish born citizen children. The person concerned was granted permission to remain in the State for one year, on a stamp 4 basis on 23 January, 2014 by the relevant officials in the INIS. This positive decision was communicated to her by letter issued by registered post on 23 January, 2014. I have been informed by the Garda National Immigration Bureau (GNIB), that the person concerned belatedly presented to GNIB for registration on 15 April, 2014.
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 concerned.
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.
568. Deputy Willie O'Dea asked the Minister for Justice and Equality when a decision will be made on an application for a residency card in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [18955/14]
View answerI am informed by officials in the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was granted permission to remain in the State for a period of five years on the 20 January, 2009 on the basis that she was the spouse of an EU citizen who was residing and in exercise of his EU Treaty Rights in the State in accordance with the provisions of the European Communities (Free Movement of Persons) (No.2) Regulations 2006 as amended.
On 7 March, 2014, the person concerned made an application for retention of permission to reside in the State on an individual and personal basis under Regulation 9 of the Regulations (departure from the State of the Union citizen). I am not in a position to comment on when a decision will be made at this stage however the application is currently under consideration. I am advised that on 27 March, 2014, a letter issued through the applicant’s solicitor requesting additional documentation to process the application and a reply is awaited.
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.
