Written Answers Nos. 573-597
573. Deputy Seán Kenny asked the Minister for Justice and Equality the number of hours each helicopter and aircraft has flown in the Garda air support unit during 2013; and if she will make a statement on the matter. [25617/14]
View answerAs the Deputy will be aware, the provision and allocation of Garda resources, including air support, is a matter for the Garda Commissioner in the context of her identified operational requirements.
In that context I am informed by the Commissioner that for security and operational reasons it is not possible to provide the information requested by the Deputy.
574. Deputy Seán Kenny asked the Minister for Justice and Equality the refurbishment works that were carried out at the Garda driving school in 2013; and if she will make a statement on the matter. [25618/14]
View answerThe programme of refurbishment and replacement of Garda accommodation is based on accommodation priorities 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 the provision and maintenance of Garda accommodation. Funding for such works is met by the Office of Public Works.
I am advised by the Garda authorities that apart from routine maintenance works, no refurbishment works were carried out at the Garda Driving School in 2013.
575. Deputy Sean Fleming asked the Minister for Justice and Equality the number of cases before the Labour Court, Equality Tribunal, Commission for Public Service Appointments and Employment Appeals Tribunal involving civil servants taking cases against her Department; and if she will make a statement on the matter. [25643/14]
View answerOne member of staff of my Department has lodged a complaint with the Equality Tribunal which has yet to determine whether the complaint can be accepted for investigation and determination.
576. Deputy Sean Fleming asked the Minister for Justice and Equality her views on whether unmarried fathers should have equal rights of access and guardianship to their children as unmarried mothers; her plans, if any, to deal with this matter; and if she will make a statement on the matter. [25652/14]
View answerUnder the law as it stands, while the father of a child born outside marriage does not have an automatic statutory right to guardianship, he may readily obtain guardianship by means of making, jointly with the child's mother, the statutory declaration referred to in section 2(d) of the Guardianship of Infants Act 1964 as amended. If the mother does not agree to make the statutory declaration, he may apply to court for an order under section 6A of that Act (as inserted by the Status of Children Act 1987) making him a guardian of the child. It should be noted that the vast majority of such applications are successful.
The General Scheme of the Children and Family Relationships Bill, published on 30 January 2014 for consultation, proposes to enable a broader range of non-marital fathers to have automatic guardianship in respect of their children. The General Scheme proposes that fathers who cohabit with the mothers of their children for a year before the birth of their child will automatically be guardians of those children. The aim is to support those fathers who have a committed relationship with the child's mother. The Joint Oireachtas Committee on Justice, Defence and Equality, to which the General Scheme was referred for pre-legislative scrutiny, has recommended reviewing the duration of cohabitation required for automatic guardianship. I am currently considering this recommendation.
Questions concerning access to a child generally arise only where there is a dispute between the parents and they are not living together. The preferred option is that the parents should agree - perhaps through mediation - arrangements concerning custody of and access to the child. Where they are unable to reach agreement, the parents may apply to court for orders concerning custody and access. Under section 3 of the 1964 Act, the court must decide the question having regard to the welfare of the child as the first and paramount consideration. The General Scheme of the Children and Family Relationships Bill proposes that the child's best interests should be the paramount consideration in decisions concerning access. I believe that what is proposed in the General Scheme rightly focuses on the child's needs concerning access, while aiming to promote meaningful relationships between a child and both parents, where appropriate and possible.
578. Deputy Eoghan Murphy asked the Minister for Justice and Equality her views on correspondence which has arisen with students of a college (details supplied) and other similar institutions. [25667/14]
View answerAs the Deputy will be aware, my Department's role in this matter as the immigration authority, relates primarily to the immigration status of the students in question. Matters relating to the provision of education services and related issues are for the Department of Education and Skills. I can say, however, that the Australian Institute of Business (AIB) withdrew their accreditation from Eden College last year after a series of irregularities in the delivery of their programmes by the College, including very serious allegations of assisting students to cheat in the AIB exams. Similar revelations of exam cheating by Eden College London were made by a BBC Panorama investigation in February. Furthermore, regarding examinations in Eden College, the observed level of academic progress by students on the Bachelor of Business Administration Degree (BBA) was extremely poor. Press reports at the time of Eden's closure noted that pass rates for the various modules ranged from 11% to 32%. This may be accounted for by non-attendance at lectures, a practice facilitated by the alleged willingness of Eden College to supply international students with false attendance letters. It is also the case that a substantial number of students enrolled on the course were never registered with the accrediting body for examination purposes. It is difficult to avoid the conclusion that, with some exceptions, the BBA degree programme operated at Eden College was more about providing a means of facilitating residence in Ireland than a path to academic achievement.
The BBA accredited by the AIB is no longer offered by any teaching centre in Ireland. Indeed as I understand the situation, the AIB have now withdrawn accreditation from all of their teaching centres in the Irish market. However, given that the BBA is structured on a flexible modular basis and may be completed as a correspondence course from any location, students can return home and complete their degree in their country of origin. This may be the most suitable option for those students who have not fulfilled the conditions of their immigration permission, i.e. to attend their courses, to engage in full time study and to make suitable academic progress.
In a small minority of cases where the students have made considerable academic progress already and have shown themselves to be well motivated the possibility of alternative programmes in Ireland is being explored, subject to the time limits applicable to a student's stay in Ireland.
580. Deputy Colm Keaveney asked the Minister for Justice and Equality in view of the continuing prevalence of violence against women and domestic violence here, when she will sign the Council of Europe Convention on preventing and combating violence against women and domestic violence; when she proposes to address the constitutional difficulties in respect of Article 52 of the convention; her views on Ireland’s position as one of a minority of countries yet to sign the convention; and if she will make a statement on the matter. [25685/14]
View answer590. Deputy Thomas Pringle asked the Minister for Justice and Equality the State's intention to sign the convention on preventing and combating violence against women and domestic violence; and if she will make a statement on the matter. [25937/14]
View answerI propose to take Questions Nos. 580 and 590 together.
Ireland supports, in principle, the aims and terms of the Council of Europe Convention on preventing and combating violence against women and domestic violence.
The Government commitment to introduce consolidated and reformed domestic violence legislation to address all aspects of domestic violence, threatened violence and intimidation, in a way that provides protection to victims will enable elements of the Convention to be implemented. The development of the consolidated and reformed legislation, including consideration of the Convention provisions, will be progressed as soon as possible having regard to the need for consultations and other legislative priorities in the Department.
Article 52 of the Convention addresses the availability of emergency barring orders. Such orders are available to victims of domestic violence in Ireland under the Domestic Violence Acts, 1996 and 2002. They are known as Interim Barring Orders and are available to the categories specified in statute. Legislation leaves a small minority of cases which would need to be included in order to fully comply with Article 52 of the convention.
The Department is aware of potential legal issues in relation to this. These will fall to be considered in the context of the Government commitment to introduce consolidated and reformed domestic violence legislation. While some constitutional sensitivities have been flagged this would not be unusual in any significant legislative project, such as the domestic violence legislation.
581. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will provide a timeframe regarding the passing by the Oireachtas of the children and family relationships Bill; and if she will make a statement on the matter. [25697/14]
View answerI have recently received both the pre-legislative scrutiny report by the Joint Oireachtas Committee on Justice, Defence and Equality and the advice of the Ombudsman for Children on the General Scheme of the Children and Family Relationships Bill. These suggest a number of recommendations which I am currently considering in the context of finalising the General Scheme and of seeking Government approval to draft the Bill proper. Subject to this, my aim is to ensure that the Bill is drafted as soon as possible with a view to enactment early in 2015.
583. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide, in tabular form, the total amount spent per annum from 2011 to 2013, inclusive, and to date in 2014 on staff subsistence payments and staff taxi payments; if her Department has been audited for tax compliance on these payments and other benefits-in-kind; if these processes have been revised in view of concerns by the Revenue Commissioners over practices in other State bodies; and if she will make a statement on the matter. [25819/14]
View answerI wish to advise the Deputy that in respect of payments of this nature, my Department is tax compliant. Taxis are used by staff members of my Department in the necessary course of their duties, where it is deemed economic and feasible to do so. Subsistence allowances are payable only in respect of necessary absences from the Department. Details of the amounts paid in the period from 1st January 2011 to 31st May 2014 are as set out in the following table.
|
Staff costs |
Jan-Dec 2011 |
Jan-Dec 2012 |
Jan-Dec 2013 |
Jan-May 2014 |
|
Subsistence |
€410,540 |
€347,409 |
€423,894 |
€69,705 |
|
Taxi Costs |
€46,483 |
€30,189 |
€34,514 |
€11,954 |
584. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a GNIB card will be renewed in the case of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [25827/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that as the person concerned had no valid basis to remain in the State, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), they were, by letter dated 10th August, 2011, notified that the then 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 then Minister setting out the reasons why they should not have a Deportation Order made against them. Written representations have been submitted by and 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.
585. Deputy Niall Collins asked the Minister for Justice and Equality the total number of applicants for funds arising from Magdalen laundries compensation; the total number confirmed; the total number paid out to date; the timeframe for future payments and other agreed rights; and if she will make a statement on the matter. [25838/14]
View answer750 applications have been received so far. 436 offers of payment have been made and, of these, 346 have already received payments at a cost of €12.4m. 71 applications have been rejected as they relate to institutions outside the scheme.
The remaining applications are being processed as quickly as possible. In cases where the relevant religious congregation has no clear record my officials will carry out a thorough examination, checking whatever records are available to support the claim. Applicants, on their application forms, consented to the provision of personal information to my Department by any Government Department, agency, health or educational institution and the religious congregations for the purpose of verification in relation to their application. The applicant will also be asked to provide any relevant information that could corroborate her claim that she was in a specific institution for a period of time.
In additions to the lump sum payment each woman is entitled to a top up payment to bring her weekly income from the State to €230.30 if aged 66 or over and €100 if under that age. The Department of Social Protection is establishing a separate scheme in order to give effect to this recommendation. I have been informed that this scheme will be in place in the next couple of weeks and that the eligible women will receive written notification from that Department before their payments issue. The payments will be backdated to the 1st August 2013 so the women will not be at a loss.
As the Deputy will be aware, legislation relating to taxation issues has already been addressed. It was agreed by Government that my Department would coordinate legislation to implement Judge Quirke's other recommendations where legislation is required including the recommendation to provide medical services. The Bill will include measures to deal with:
(a) the provision of medical and other services, and
(b) provision that payments made under the Scheme should not be taken into account for assessment purposes under the Nursing Home Support Scheme, and
(c) provisions to protect vulnerable women in the context of the scheme.
A Scheme of the Bill has now been drafted by my Department in consultation with the Department of Health. The Scheme of the Bill will be considered by Government shortly and I anticipate that the Government will approve the drafting of the Bill at that stage.
With the cooperation of the Oireachtas, I expect that the Bill will have a reasonably speedy progress towards enactment.
586. Deputy Niall Collins asked the Minister for Justice and Equality if she has investigated concerns from recipients of Magdalen laundry compensation funds that the payments have impacted upon their pension rights; and if she will make a statement on the matter. [25839/14]
View answerThere will be no impact on the pension rights of recipients of payments under the Magdalen Scheme for those residing in Ireland. We have not received any concerns or complaints from individuals, eligible to receive payments under the Scheme, residing in other jurisdictions. As a number of applicants are residing in the UK we are pursuing a dialogue with the UK authorities on implications of payments for those in receipt of UK social benefits.
587. Deputy Finian McGrath asked the Minister for Justice and Equality if she will clarify a matter regarding a case (details supplied); and if she will make a statement on the matter. [25841/14]
View answerAs stated in my reply to the Deputy to Parliamentary Questions Nos. 657 and 700 of 27 May 2014, I do not have a role in the investigation of criminal cases or the conduct of inquests. However, the Deputy will be aware that the Garda investigation into the death of the person he has referred to is the subject of a complaint which has been received by my Department. I am currently considering my response and I will contact the Deputy again in relation to it.
588. Deputy Michael Creed asked the Minister for Justice and Equality the number of applications received by her Department under the Syrian refugee initiative; and if she will make a statement on the matter. [25888/14]
View answerAs the Deputy will be aware,the Syrian Humanitarian Admission Programme (SHAP), introduced following an approach by members of the Syrian community in Ireland, is intended to offer temporary Irish residence to vulnerable persons present in Syria, or who have fled from Syria to surrounding countries since the outbreak of the conflict in March 2011, and who have close family members residing in the State.
The Programme allows naturalised Irish citizens of Syrian birth and Syrian nationals already lawfully resident in the State to make an application for vulnerable close family members to join them in Ireland on a temporary basis for up to two years. These are persons who are considered by their sponsoring family member present in Ireland to be most at risk. A sponsor may be a single person or the head of a family unit. Persons admitted under the Programme will be entitled to work, establish a business, or invest in the State. A key condition of the Programme is that these persons should not become a burden on the State. If these family members cannot find employment the onus will be on the sponsors to support them during their time in Ireland.
I am informed by INIS that 86 applications were received under the Programme and that processing of the applications has commenced.
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.
589. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding the deportation of a child (details supplied) in Dublin 3; and if she will make a statement on the matter. [25900/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is part of a family unit who have all consented to deportation. The precise arrangements are being made for the various family members, including the person concerned, and are expected to be finalised in the near future. I am also advised that one of the adults in question is currently before the Irish courts having been charged with offences pursuant to the Criminal Justice (Theft and Fraud Offences) Act 2001.
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.
591. Deputy Andrew Doyle asked the Minister for Justice and Equality the discussions both she and her officials have had with their respective counterparts in the British Government regarding the common travel area since March 2011; and if she will make a statement on the matter. [25941/14]
View answer592. Deputy Andrew Doyle asked the Minister for Justice and Equality the discussions both she and her officials have had with their respective counterparts in Northern Ireland regarding the common travel area since March 2011 through the medium of the North-South Ministerial Council; and if she will make a statement on the matter. [25943/14]
View answerI propose to take Questions Nos. 591 and 592 together.
I would like to advise the Deputy that there is ongoing close cooperation on the operation, oversight and strengthening of the Common Travel Area (CTA) between the Irish Naturalisation and Immigration Service (INIS) of my Department and the UK Home Office. It is of critical importance that both Ireland and the United Kingdom work closely together to enhance the protection of the CTA. In this regard, my predecessor agreed a programme of action with the then UK Minister of State for Immigration, Mr. Damien Green MP as set out in the Joint Statement on the Protection of the CTA. It was signed by both sides in Dublin on 20th December, 2011. The programme of action covers cooperation in the areas of visa arrangements, information sharing, use of e-Borders technology and operational matters. Both countries are committed to working together on visa and border matters to prevent abuse of our immigration systems and to facilitate the legitimate traveller.
I have also met recently with the UK Home Secretary on the margins of a Justice and Home Affairs Council to discuss progress on CTA matters, including cooperation on visa matters and in that regard yesterday I announced one of the successes of our cooperation, the ‘British Irish Visa Scheme’ between Ireland and the United Kingdom. For the first time this will allow tourists, business visitors etc. to visit both Ireland and the UK, including Northern Ireland, on a single visa. As matters stand, many overseas tourists and business visitors who wish to visit both Ireland and the UK, including Northern Ireland, need separate Irish and UK visas. From the autumn, China and India will be the first countries to benefit from this groundbreaking scheme and will be able to travel freely within the CTA using either an Irish or UK visa.
The Scheme which was proposed by the Irish Naturalisation and Immigration Service (INIS) of my Department will enable both countries’ immigration systems to work in tandem to promote and facilitate legitimate travel within the CTA, while also strengthening the external borders of the Area. Further roll-out of the scheme to other countries will be agreed between INIS and the UK Home Office through the CTAF, with the objective of worldwide roll-out being completed by the end of 2015, and it is expected to provide a major boost to tourism and international business. The scheme marks an historic development in the relationship between Ireland and the UK and in the operation of the Common Travel Area which has existed between the two countries since 1922.
The scheme builds on the success of the Irish Short-stay Visa Waiver Programme introduced by the Government in July 2011.
In relation to the North South Ministerial Council, immigration is not a function which has been devolved to the Northern Ireland Executive and so does not form part of the Council's framework. That said, there has been and is very regular contact at ministerial and official level with the Northern Ireland Minister of Justice and his officials through which all aspects of North-South police cooperation are discussed, including those aspects relevant to immigration and the Common Travel Area.
594. Deputy Dara Calleary asked the Minister for Justice and Equality the current legislative status of the Coroners Bill 2007; and if she will make a statement on the matter. [25952/14]
View answerThe Deputy will be aware that the Coroners Bill 2007 is before the Seanad, having been restored to the Order Paper on the initiative of the previous Minister for Justice and Equality.
While it would be my wish to be in a position to progress this important Bill, it is not possible, at this point, for me to indicate the likely timetable with any certainty.
595. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if requested documentation in the case of a person (details supplied) in County Meath has been now been received in respect of his application for his case to be considered under the Zambrano judgment, which was submitted on 7 April 2014. [25956/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has applied for a right of residency in the State, accompanied by a right to work, based on their parentage of an Irish born minor citizen child, and based also on the principles of the Zambrano Judgment. While an enquiry was received on 20th March, 2014 in relation to the lodgement of such an application, no supporting documentation was received until 23rd May, 2014. As the documentation submitted was deficient in a number of areas, a representative of the INIS wrote to the person concerned on 30th May, 2014 requesting further information and documentation. The position in the State of the person concerned will be further considered when the requested information and documentation has been received and is examined.
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.
596. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to obtain travel documents to renew a passport in the case of a person (details supplied) in Dublin 1 to obtain a new passport [25959/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that in exceptional cases an application for an Irish temporary travel document may be considered in respect of qualifying non-Irish nationals who are resident in Ireland. In all such cases, INIS must be satisfied that there is no alternative open to the applicant before an Irish temporary travel document will issue. The person concerned has to show that they have made reasonable and formal efforts to obtain a national passport, that it has been formally and unreasonably refused and that their own consular authorities are unable to offer consular assistance to them whilst resident in the State.
It is open to the person in question to submit an application for a temporary travel document accompanied by the relevant supporting documentation to the Travel Document Unit of INIS which is located at 13-14 Burgh Quay, Dublin 2. Full information in this regard and the applicable application form is available at "www.inis.gov.ie".
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.
597. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality the number of persons, broken down into men, women and children, in direct provision accommodation in County Meath on 9 June 2014. [25963/14]
View answerThe direct provision system is managed by the Reception and Integration Agency (RIA) of my Department. For the most part, this represents a cashless system with the State assuming responsibility for providing suitable accommodation for asylum seekers on a full board basis. Currently, there are 4,353 residents in 34 centres across the State under contract to RIA.
The only direct provision accommodation centre in County Meath is Mosney. Mosney currently accommodates 602 persons. This breaks down is set out in the following table:
|
Adult females |
152 |
|
Adult males |
75 |
|
Children |
375 |
Further information in relation to the direct provision system is available on the RIA website www.ria.gov.ie. Published on the website is RIA's 2013 Annual Report which contains a further, more detailed, profile breakdown of those residing in Mosney and in every other centre on 31 December, 2013.
