Written Answers Nos. 179-186
179. Deputy Brendan Smith asked the Minister for Justice and Equality the position regarding the proposal to provide a new Garda station (details supplied) in County Cavan; when this project will proceed to the next stage; if there is a timescale for the completion of this project; and if she will make a statement on the matter. [25149/14]
View answerThe programme of replacement and refurbishment of Garda accommodation is based on requirements which are established by An Garda Síochána. The programme is advanced in close co-operation with the Office of Public Works, which has responsibility for capital expenditure in this area.
I am informed by the Garda authorities that the provision of a new Garda District Headquarters at the location referred to by the Deputy will continue to be pursued in the context of An Garda Síochána's identified accommodation priorities and in the light of available resources within the Vote of the Office of Public Works.
180. Deputy Finian McGrath asked the Minister for Justice and Equality her views on whether the ad hoc parole board ought to be placed on a legislative footing; her views on whether persons from a victim of crime should be represented on the board; and if she will make a statement on the matter. [25155/14]
View answerI understand the Deputy has asked this Question previously of my predecessor. The position remains unchanged. I will bring proposals forward to Government for a statutory Parole Board when I have considered the recommendations of the Group carrying out a strategic review of penal policy and in that context will bear in mind the Deputy's suggestion on victim representation. I expect the Group to report shortly.
181. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding probate fees in respect of a person (details supplied) in Dublin 3; and if she will make a statement on the matter. [25166/14]
View answerIn order to get authority to administer a deceased person's estate it is necessary to obtain a Grant of Representation. This is a legal process which requires the production of legal documentation to the Probate Office. Following examination of the required documentation authority is given to a named person(s) to access a deceased person’s estate and deal with it according to law.
I wish to inform the Deputy that the fees charged in the courts are set by means of Statutory Instrument. Court fees orders are made by the Minister for Justice and Equality with the consent of the Minister for Public Expenditure and Reform. Court Fees are payable to the Courts Service and the fees on each estate are determined by reference to the value of the net estate of the deceased person and are as set out in the Supreme Court and High Court (Fees) Order 2014 (S.I. 24 of 2014).
I am informed that 90% of applicants seeking probate instruct a Solicitor to engage in the legal process on their behalf. The Solicitor prepares all of the paperwork required by legislation and presents it to the Probate Office for examination. The Probate Office has no function in the preparation of the documents in question as this is the remit of the Solicitor with carriage of the case. Instead, it adjudicates on the application made and if satisfied that all requirements have been met, the Grant of Representation is issued in respect of the estate.
In the remaining 10% of applications that proceed on a Personal Applicant basis, the Probate Office is actively involved in the preparation of the paperwork required in the process and in servicing queries from personal applicants by way of correspondence, emails and phone. In addition, each Personal Applicant is required to attend the Probate Office (or District Probate Registry) in person by appointment to complete the application process. Fees for this service are set taking into account the time investment and administrative service provided by the State in accordance with section 65(1A) and (1B) (inserted by section 66 of the Civil Law (Miscellaneous Provisions) Act 2011, that is to say, the fee has regard to the expenditure incurred, or likely to be incurred, in the Probate Office in providing the services and facilities to users of that office.
Where an applicant for a Grant of Representation instructs a Solicitor, they will pay the Court Fees together with the Solicitor’s fees for services in the process. Where an applicant proceeds on a personal basis, they pay the applicable Court fees to enable the State provide the service in question having regard to the additional services involved.
182. Deputy Finian McGrath asked the Minister for Justice and Equality if she will provide an update on plans for dealing with anti-social behaviour on the pier in Howth, County Dublin, particularly during the summer months; and if she will make a statement on the matter. [25167/14]
View answerI am informed by the Garda authorities that local Garda management are aware of the issues referred to by the Deputy and have put in place a number of policing arrangements in this regard. These include increased patrols and checkpoints in the area, ongoing contact with DART management and liaison with local shops and businesses regarding the sale of intoxicating liquor.
A Regional Operational Plan is also in place to combat under-age alcohol consumption and alcohol consumption in public spaces during the summer months throughout the Dublin Metropolitan Region (DMR). This will involve the enforcement of legislation regulating the sale, supply and consumption of alcohol as well as relevant public order legislation.
I am also advised that local Garda management closely monitors patrols and other operational strategies, in light of crime trends and policing needs of the area in question, and the situation will be kept under review to ensure that optimum use is made of Garda resources.
183. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [25168/14]
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.
The 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. A letter was issued to the person concerned on 6 June 2014 requesting certain information. Upon receipt of the requested information the case 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.
184. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the examination of entitlement to stamp 4 based on commitment and contact established here over the past eight years in the case of a person (details supplied) in Dublin 1; and if she will make a statement on the matter. [25171/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy entered the State as a student on 25/09/2006 and was registered as such until 14/08/2012.
All non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. As this person arrived in the State in 2006 he is now classified as a timed out Student.
His application will be assessed on its merits and a decision will issue in due course.
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 services 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.
185. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of residency status-eligibility for naturalisation and including the setting aside of an order for deportation to facilitate evaluation of the full circumstances, in view of the detailed submission already made on their behalf in the case of a person (details supplied) in Dublin 11; and if she will make a statement on the matter. [25172/14]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that following a comprehensive and thorough examination of her asylum claim and an examination under Section 3 of the Immigration Act 1999 (as amended), a Deportation Order was made in respect of the person referred to by the Deputy on 11 May 2005, and therefore she has no entitlement to residence in the State.
I am informed that an undertaking has been given that the deportation order will not be effected, pending the outcome of investigations by the Garda National Immigration Bureau (GNIB).
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.
186. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for residency status in the case of a person (details supplied) in County Waterford in respect of whom a decision by the Refugee Appeals Tribunal has been set aside by the courts; if, in the context of a new application for asylum being made, such application will not be influenced by the previous decision of the tribunal or commission; and if she will make a statement on the matter. [25173/14]
View answerIf the person whose details were supplied has made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such cases for so long as they are in the protection process.
As the Deputy will be aware the Refugee Appeals Tribunal is a statutory independent body established under the Refugee Act, 1996 to decide appeals against negative recommendations in respect of applications for refugee status issued by the Office of the Refugee Applications Commissioner (ORAC) and to make recommendations to the Minister for Justice and Equality in relation to whether or not refugee status should be granted.
The management of the Tribunal is the responsibility of the Chairperson who under the Refugee Act, 1996 (as amended) is required “to ensure that the business of the Tribunal is managed efficiently and that the business assigned to each division is disposed of as expeditiously as may be consistent with fairness and natural justice”. The Tribunal Chairperson in his strategy statement for 2014 - 2017 commits the Tribunal “to consider and decide refugee, subsidiary protection and Dublin Regulation appeals to the highest professional standards.” It must be remembered that members of the Refugee Appeals Tribunal are independent in the exercise of their functions, and it is a matter for the Tribunal to consider whether a person is a refugee or not.
I am advised by the Chairperson of the Tribunal that when a case is remitted to the Tribunal for a re-hearing the member assigned the case is not made aware of the previous judicial review, as to do so could prejudice an applicant. The legal advisors for the applicant may bring attention to any previous judgement if they wish to do so.
