Written Answers Nos. 585- 620
585. Deputy Joe O'Reilly asked the Minister for Justice and Equality the overall amount of expenditure this year on free legal aid; the procedures that are in place for controlling costs; the case of persons who avail of this service more than once; the amount of money that is spent on second and subsequent cases; the steps, if any, that are made to recoup moneys spent on free legal aid clients; and if she will make a statement on the matter. [33434/14]
View answerExpenditure on the Criminal Legal Aid Scheme for 2014 (January - August) is €33.3 million. Under the Criminal Justice (Legal Aid) Act 1962, the courts, through the judiciary, are responsible for the granting of legal aid. The nature of the Scheme is that it is demand-led, driven by the incidence of crime, detection rates and prosecutions of cases through the courts systems. This makes it difficult to anticipate and control costs. Under the Act an applicant for legal aid must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal aid themselves. The 1962 Act specifies that the court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid.
The Deputy will appreciate that an accused person who faces serious charges is entitled to a fair trial and the presumption of innocence and if they cannot afford to pay for legal representation there is a right to legal aid. Under the Constitution, the State is obliged to provide an accused person with the means to obtain appropriate legal representation. Moreover, the European Convention on Human Rights provides that every person charged with a criminal offence is entitled to defend themselves in person or through legal assistance of their own choosing or, if they have insufficient means to pay for legal assistance, to be given it free when the interests of justice so require.
A new Criminal Legal Aid Bill is being drafted to update and strengthen the system of granting legal aid including the transferring of responsibility for the administration of the Scheme to the Legal Aid Board. Consideration is being given to including in the Bill provisions to, inter alia, regulate better the taking of statements of means, increase the sanction for false declarations, allow the Board to verify the means of applicants and to prosecute in cases of abuse. Provisions to give power to the Legal Aid Board to recover the costs of criminal legal aid or to make application to a court to revoke a criminal legal aid certificate are also under consideration. These provisions will have regard for a person's right to the presumption of innocence, to a fair trial and to be given legal aid where appropriate.
An applicant's previous convictions are not a criterion for the granting of criminal legal aid under the Act and consequently the information sought by the Deputy in respect of the number of persons who received criminal legal aid on more than one occasion is not available. Records are not kept in a manner which would allow for the extraction of information showing the number of times a person has been granted criminal legal aid.
There is no recoupment of money from defendants under the Criminal Legal Aid Scheme.
586. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of residency status-permission to remain in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [33472/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) that the person concerned was issued with a formal declaration of refugee status by letter dated 20 March 2002. This position still remains. The communication of 20 March 2002 advised the person concerned of the rights and entitlements accompanying refugee status in the State.
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.
587. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality the total amount of legal costs incurred by the State in addressing issues relating to asylum seekers in each of the past five years; and if she will make a statement on the matter. [33479/14]
View answerAsylum related legal costs incurred by my Department arise from the provision of legal services by the Refugee Legal Service to asylum seekers and judicial review proceedings taken against the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT) which are determined by the courts in favour of applicants or settled by the State.
Costs in these respects over the last number of years are set out as follows (figures for judicial review costs prior to 2011 are not readily available and would take an inordinate amount of time to compile).
Refugee Legal Service
2009 - €8.3m
2010 - €7.0m
2011 - €6.6m
2012 - €5.8m
2013 - €4.8m
Judicial Reviews Costs - ORAC and RAT
2011 - €3.5m
2012 - €1.8m
2013 - €1.7m
The Deputy may wish to note that asylum related legal costs are also incurred by the Chief State Solicitor's Office.
588. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the average length of time for processing complaints made to the Property Services Regulatory Authority. [33499/14]
View answerThe Property Services Regulatory Authority was established on a statutory basis on 3 April 2012 under the Property Services (Regulation) Act 2011. A key role of the Authority is to set and enforce standards in the provision of property services by auctioneers, letting agents and property management agents and to provide redress mechanisms for consumers of those services. It should be noted that, in accordance with Section 9 of the Act, the Authority is independent in the performance of its functions.
Under the Property Services (Regulation) Act 2011, the Authority is empowered to investigate complaints made against property service providers and to initiate investigations for the purpose of ensuring compliance with the law. Any person may make a complaint in writing to the Authority against a property service provider in relation to the provision of a property service or the conduct of a property service provider in the course of providing a property service.
Before a complaint can be investigated, the person against whom the complaint is made must be given 14 days in which to give an initial response. Following such response, the Authority must appoint an inspector to carry out the investigation. Under the Act, the inspector must afford the person against whom the complaint was made 30 days to make a submission. It is only following such a submission that the inspector can commence the investigation.
I am advised by the Authority that thereafter, the time taken to investigate will depend on the nature of the complaint. The minimum time taken to investigate a complaint to date has been approximately 6 weeks whereas some complaints which are still under investigation have been ongoing for several months.
590. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of eligibility for residency with particular reference to an application made with respect to the Zambrano judgment in the case of a person (details supplied) in County Galway; and if she will make a statement on the matter. [33529/14]
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 citizen child, and based also on the principles of the Zambrano Judgment. This application is under consideration at present.
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 Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for subsidiary protection in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [33533/14]
View answerAs the Deputy is 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.
592. Deputy Denis Naughten asked the Minister for Justice and Equality her plans to amend the Employment Equality Acts 1998 to 2011; when it is proposed in introduce amending legislation; and if she will make a statement on the matter. [33545/14]
View answerThe Employment Equality (Amendment) (No. 2) Bill currently before the Seanad at Committee Stage proposes to amend section 37 of the Employment Equality Act 1998. As announced previously, the Government accepts the principle of this Private Members' Bill to better balance the right of employees to protection from discrimination with the right of religious freedom. I will be tabling a number of amendments to improve the Bill when the debate resumes in the new parliamentary term as well as bringing forward a number of amendments mainly of a technical nature to update current equality legislation.
593. Deputy Brendan Ryan asked the Minister for Justice and Equality the number of persons within direct provision; of those, the number who made their application for protection more than five years ago; the number who have family members with outstanding or completed applications for protection; and the number of individual family units within direct provision. [33551/14]
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. RIA currently provides full board accommodation and ancillary services to just over 4,300 persons in 34 centres across the State. It should be noted that the number of new asylum seekers to date in 2014 is approximately 40% higher than the same period in 2013.
The average length of stay within the system is currently 4 years. In this regard, a significant factor impacting on time spent in direct provision is legal proceedings initiated by many protection applicants in relation to decisions on their applications for protection in the State. It should be noted that there are about 1,350 judicial review cases in the Courts related to asylum and immigration matters. When account is taken of other family members the best estimate is that these judicial reviews impact on some 2,000 persons in the protection system, the majority of whom are residing in the direct provision system. A recent analysis revealed that approximately 50% of persons in the direct provision system have either judicial review applications pending, are the subject of deportation orders, or are seeking leave to remain in the State for non-protection reasons.
That said, I acknowledge that applicants are in the system too long and that steps must be taken to deal with that. Accordingly, legislative reform aimed at establishing a single procedure is a key step towards removing the structural delays which are a feature of our existing protection system. As the Deputy may be aware the Statement of Government priorities 2014-2016 commits to the introduction of a separate Protection Bill to include provision for a single application procedure for the investigation of all grounds for protection. This reform will simplify and streamline existing arrangements and provide applicants with a final decision on their protection application in a more straight forward and timely fashion and will also, as a consequence, reduce the length of time that applicants spend in the direct provision system. Work on the Bill has commenced and the intention is to have the new legislation enacted by April, 2015.
The Government has also committed to establish an independent Working Group to report to Government on improvements with the protection process, including direct provision, and supports for asylum seekers. The Working Group will be established in the near future and it is expected that it will report to Government by year end.
In relation to the other statistical information sought, it is important to state that RIA is keen to provide as much detail as is practicable on the system which it is charged with operating. Extensive statistical information is on its website - www.ria.gov.ie including Annual Reports covering the years from 2007 to 2013 inclusive. These Annual Reports provide a variety of information, including a breakdown of the numbers of adults and children in each direct provision centre, details of the number of family units and the length of time persons, overall, have been residing in the direct provision system. Much of this information is also provided on a centre by centre basis.
594. Deputy Finian McGrath asked the Minister for Justice and Equality if she will support the Stardust families on matters (details supplied); and if she will make a statement on the matter. [33554/14]
View answerI can inform the Deputy that I met recently with representatives of the Stardust Victims Committee to hear their concerns first hand and am currently in correspondence with the Committee in relation to these issues, including the issues raised in the details supplied by him.
595. Deputy Ruth Coppinger asked the Minister for Justice and Equality the position regarding the Ombudsman's investigative report on passports for Irish-born children of non-EEA-EU-Swiss citizens; and the steps her Department has taken and will take following its publication. [33569/14]
View answer596. Deputy Ruth Coppinger asked the Minister for Justice and Equality the number of children granted citizenship at her discretion due to issues related to a shortfall in reckonable residency of their non-EEA-EU-Swiss parents in the years 2007, 2008, 2009, 2010, 2011, 2012, 2013, and to date in 2014; and following the Ombudsman's investigative report on the matter of passports for Irish-born citizens of non-EEA-EU-Swiss parents, if she will re-examine any cases where citizenship was not granted and exercise her discretion on these cases. [33572/14]
View answer597. Deputy Ruth Coppinger asked the Minister for Justice and Equality her views on the powers of the Ombudsman to extend over her Department's naturalisation and immigration related functions. [33573/14]
View answerI propose to take Questions Nos. 595 to 597, inclusive, together.
Entitlement to Irish citizenship is governed by the Irish Nationality and Citizenship Act 1956, as amended. Where sections 6A and 6B of that Act are applicable, a child born in the island of Ireland on or after 1 January 2005 has an entitlement to Irish citizenship if, at the time of the birth of the child, one of his or her parents had, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years. Periods of unlawful residence, periods of residence which were for the sole purpose of having an application for refugee status determined or periods of residence where permission was granted for the purposes of study are excluded from the determination of periods of reckonable residence. Entitlement of a child born in the State to Irish citizenship is determined by making an application for an Irish passport on behalf of the child to the Passport Office. However entitlement to Irish citizenship under Section 6(3) is determined by the Citizenship Division of the Irish Naturalisation and Immigration Service, as is the entitlement to Irish citizenship of children born in Northern Ireland of certain foreign nationals.
Where a child born in the State did not at birth have an entitlement to Irish citizenship, the parent or guardian or person who is in loco parentis to the child may lodge an application for naturalisation on behalf of the child if and when the conditions for naturalisation are satisfied, including a requirement to have a total of 5 years residence in the State. Since 2010, just over 1,000 such applications have been approved. This ensures that, even where a child born in the State did not have an entitlement to Irish citizenship, there is a path to obtaining Irish citizenship through naturalisation.
In addition, certificates of nationality were issued in respect of 3 cases in 2012, 4 cases in 2013 and 7 cases in 2014. A certificate of nationality issued to a person is evidence that they were, as of the date of issue, an Irish citizen. The cases in question were referred to the Citizenship Division for consideration in respect of children born in the State. I can inform the Deputy that a formal liaison arrangement between the Department of Justice and Equality and the Department of Foreign Affairs, which was agreed earlier this year and has been put in place, will provide a mechanism for dealing with exceptional cases as well as ongoing consultation in relation to citizenship and passport matters in general.
As indicated in the Ombudsman's Report my Department is working with the Department of Jobs Enterprise and Innovation to evaluate the potential for streamlining the system dealing with the employment and immigration status of non-EEA workers. At present two entirely separate application processes are required. This evaluation is at an early stage. It will be informed also by a consultancy project commencing shortly in respect of a business process review of the Employment Permits System.
The question of extending the remit of the Ombudsman is in the first instance a matter for the Minister for Public Expenditure and that remit was significantly extended under the Ombudsman (Amendment) Act 2012. However, after careful consideration of all the issues involved, it was determined that the administration of the law relating to immigration or naturalisation, should not be within the scope of the Ombudsman. Not least in this debate was the fact that there are already a significant number of appeal processes built into the system including Judicial Reviews. That said, the matter will be kept under review. I should also add that the Irish Naturalisation and Immigration Service (INIS) has administrative arrangements in place with the Office to assist and provide information and help resolve any matters brought to its attention.
598. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she will report on the presence of armed gardaí at Mount Trenchard direct provision centre in County Limerick and the transfer of two spokespersons for the residents immediately after their talks with the management of the centre; and if she will make a statement on the matter. [33574/14]
View answerThe Reception & Integration Agency (RIA) is a functional unit of the Irish Naturalisation & Immigration Service (INIS) of my Department and is responsible for the accommodation of asylum seekers under the government policy of direct provision and dispersal. Currently, 4,311 persons are residing in 34 asylum accommodation centres under contract to RIA.
On 14 August, 2014 a serious incident occurred at the Mount Trenchard asylum accommodation centre in Foynes, Co Limerick involving a small minority of residents. A discussion then took place on a number of issues of grievance between residents, the contractor and representatives of a local support group and it was believed that most issues of concern were resolved.
However two residents in particular, continued to prevent the lawful entry of the contractor and centre staff and the decision was taken by RIA, in the interests of the health and safety of all persons present and in relation to the continued safe running of the centre, to transfer the two individuals concerned. Taxis were provided for the residents. One of the men left the centre without difficulty while the second individual refused to leave and was escorted off the premises by the Gardaí. The deployment of specific Garda resources is a matter for the Garda Commissioner. I am advised that in addition to uniformed Gardaí attending the location referred to, the Regional Support Unit (RSU) was requested to attend as a precautionary measure as this unit is trained in dealing with public order incidents.
I am advised by RIA that the transfers of the men were not made because they were spokesmen for a group of protesters, as was widely reported, but because of the sustained intimidation of staff which made the management of centre impossible.
599. Deputy Ruth Coppinger asked the Minister for Justice and Equality the number of transfers that have taken place between direct provision centres in the years 2009, 2010, 2011, 2012, 2013 and to date in 2014; and the reasons for the transfers. [33575/14]
View answerThe Reception & Integration Agency (RIA) is a functional unit of the Irish Naturalisation & Immigration Service (INIS) of my Department and is responsible for the accommodation of asylum seekers under the government policy of direct provision and dispersal. Currently, 4,311 persons are residing in 34 asylum accommodation centres under contract to RIA.
Transfers of residents from one centre to another is a daily occurrence in RIA. For example, following initial accommodation in a reception centre in Dublin, residents are transferred to other accommodation centres around the country as part of the Government's dispersal policy. It is the general policy not to transfer persons again unless there is good reason to do so. Such reasons may be to facilitate medical treatments, to provide more spacious accommodation for growing families, to more appropriately provide for a disability and so on. Sometimes transfers have to take place for other reasons, for example, arising from the downsizing or closures of centres or for health or safety purposes. Moreover, transfers can take place at the request of the residents themselves to be closer to friends or relatives.
Given the above, records of the movement of persons between accommodation centres are not collated centrally but held with the record of the individual concerned. It would not be feasible in those circumstances to compile the statistics sought.
600. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she will immediately take steps to introduce an independent complaints mechanism for asylum seekers in direct provision hostels. [33576/14]
View answerThe Reception & Integration Agency (RIA) is a functional unit of the Irish Naturalisation & Immigration Service (INIS) of my Department and is responsible for the accommodation of asylum seekers under the government policy of direct provision and dispersal. Currently, 4,311 persons are residing in 34 asylum accommodation centres under contract to RIA.
In relation to complaints by residents and by centre staff of direct provision centres under contract to the RIA, these are dealt with in accordance with the revised RIA House Rules and Procedures which are available in several languages on the RIA website at www.ria.gov.ie. A copy of these rules and procedures is provided to all asylum seekers on arrival at their accommodation centre.
Experience has shown that, given the nature and the number of such complaints, they are best resolved by informal discussion between residents and management at a local level. Where more serious complaints arise, residents have the right to lodge a formal written complaint with centre management and, if the issue remains unresolved, residents can take the complaint to RIA. The Rules also allow for direct referral to RIA in certain circumstances. It is important to note that if a complaint is made in respect of a decision made by a particular RIA official, the appeal is not dealt with by that official. The complaints system contained in these House Rules is considered by RIA to be broadly in line with the guidelines set out by the Office of the Ombudsman for internal complaints systems.
The issue of an independent complaints mechanism featured greatly in the discussions which led to the revised House Rules and Procedures (which apply in all RIA asylum seeker accommodation centres) which was introduced in 2010 and referred to above.
The Review Group, whose function was to review House Rules and Procedures which had been in place since 2002, had an independent Chairman and had representation from NGO’s (including the Irish Refugee Council and the Refugee Information Service), the Health Service Executive, RIA, Centre Management and An Garda Síochána. This Group met on thirteen occasions and a subgroup also met with residents and local NGO’s in four accommodation centres.
It was RIA's view, arising from the discussions within the Review Group, that no clear model was cited during these discussions as to what an independent complaints mechanism would look like, or how it could be implemented without undue cost and bureaucracy. The system of direct provision exists within its own circumstances and RIA is satisfied that the structure of the complaints procedure contained within the revised House Rules is fair and is broadly in line with the guidelines set out by the Office of the Ombudsman for internal complaints systems.
Notwithstanding the above, the Statement of Government Priorities 2014-2016 includes a commitment to "...establish an independent Working Group to report to Government on improvements with the protection process, including Direct Provision and supports for asylum seekers". My intention is to proceed with the establishment of that Working Group in the near future whose mandate will include reporting back to Government on improvements in relation to direct provision. I am, in advance of the Working Group, holding a Round Table on 19 September to provide non-governmental organisations active in the field of asylum the opportunity to outline the key issues for them in relation to the State's current arrangements for asylum seekers and such issues may include that raised in this question. I also intend to use the outcome of that meeting to inform the terms of the Working Group.
601. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the number of Garda vehicles that were assigned to all 26 counties in Ireland for the following years 2007, 2011, 2012 and 2013. [33583/14]
View answerDecisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources. I have been informed by the Garda authorities that the number of Garda vehicles assigned by Division for the periods requested by the Deputy is set out in the table.
|
DIVISION |
2007 |
2011 |
2012 |
2013 |
|
CAVAN-MONAGHAN |
54 |
53 |
44 |
46 |
|
CLARE |
36 |
37 |
36 |
43 |
|
CORK CITY |
105 |
121 |
100 |
110 |
|
CORK NORTH |
42 |
42 |
33 |
39 |
|
CORK WEST |
49 |
52 |
48 |
42 |
|
DMR EAST |
67 |
52 |
52 |
50 |
|
DMR NORTH |
123 |
124 |
118 |
109 |
|
DMR NORTH CENTRAL |
74 |
79 |
68 |
64 |
|
DMR SOUTH |
79 |
87 |
78 |
79 |
|
DMR SOUTH CENTRAL |
79 |
77 |
69 |
69 |
|
DMR TRAFFIC |
74 |
63 |
64 |
57 |
|
DMR WEST |
100 |
114 |
111 |
102 |
|
DONEGAL |
64 |
71 |
60 |
57 |
|
GALWAY |
75 |
95 |
78 |
78 |
|
KERRY |
44 |
44 |
38 |
39 |
|
KILDARE |
37 |
50 |
41 |
45 |
|
KILKENNY/CARLOW |
36 |
44 |
43 |
51 |
|
LAOIS-OFFALY |
47 |
54 |
44 |
45 |
|
LIMERICK |
77 |
93 |
72 |
69 |
|
LOUTH |
46 |
49 |
44 |
44 |
|
MAYO |
45 |
57 |
53 |
50 |
|
MEATH |
44 |
57 |
50 |
54 |
|
ROSCOMMON-LONGFORD |
40 |
39 |
40 |
40 |
|
SLIGO-LEITRIM |
54 |
52 |
43 |
46 |
|
TIPPERARY |
55 |
53 |
45 |
52 |
|
WATERFORD |
40 |
49 |
47 |
49 |
|
WESTMEATH |
30 |
44 |
37 |
38 |
|
WEXFORD |
50 |
49 |
39 |
40 |
|
WICKLOW |
37 |
50 |
50 |
51 |
|
TOTAL |
1,703 |
1,851 |
1,645 |
1,658 |
As the Deputy will be aware, 438 new Garda vehicles were purchased in 2013 at a cost of €10 million. In addition, €4 million has been made available for the purchase and fit out of Garda vehicles in 2014.
This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. It is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to deliver an effective and efficient policing service.
602. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in respect of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [33587/14]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS), of my Department that the person concerned was granted permission to remain in the State on 16 November, 2005 for 2 years under the revised arrangements for the non-EEA parents of children born in Ireland prior to 1 January, 2005, commonly known as the IBC/05 Scheme. This permission was renewed on a regular basis and it is currently valid up to 3 July, 2015.
Officials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of a current application for a certificate of naturalisation from the person concerned.
Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in her 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 her 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.
I should remind the Deputy that 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 specially established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
603. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date for an application of subsidiary protection in respect of a person (details supplied) in Dublin 2; and if she will make a statement on the matter. [33594/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the subsidiary protection application made by the person concerned was refused on 31st July, 2014.
Following that refusal decision, and in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned has submitted written representations. These representations, together with all other information and documentation on file, will be fully considered, under 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, in advance of a final decision being made.
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.
604. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date of an application for Stamp 4 in respect of a person (details supplied) in County Meath; and if she will make a statement on the matter. [33595/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application was received on behalf of the person mentioned by the Deputy on 14 November 2013. This application was refused on 1 September 2014 and, as the person is unlawfully present in the State, they are now expected to leave the State.
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.
605. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to update Stamp 3 to Stamp 4 in respect of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [33597/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to with the reference number provided by the Deputy first registered with the Garda National Immigration Bureau on Stamp 3 conditions on 06 March 2013 as the dependent of a worker in the State. This permission has been renewed and is valid up to 23 August 2015. As far as INIS can tell, this person is on the appropriate permission for their circumstances. If their circumstances change, they may make an application for a change in their immigration permission to INIS.
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.
606. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to make an application for family reunification in respect of a person (details supplied) in Dublin 6. [33608/14]
View answerPersons from a visa-required country are required to have a valid Irish visa to land in the State (section 4(5)(b) of the Immigration Act, 2004).
It is open to a visa-required national who wishes to join a family member currently residing in Ireland to make a visa application, the onus resting with the applicant to satisfy the Visa Officer as to why the visa should be granted. All information that the applicant wishes to have taken into consideration should be submitted with their application.
The criteria that apply to the consideration of an application for a visa for the purposes of family reunification are set out in the Policy Document on Non-EEA Family Reunification published by my predecessor on 31 December 2013. The document is available on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie).
Guidelines on the visa application process, including details of the required supporting documentation for a 'join family' visa application can be found on the website of the Irish Naturalisation and Immigration Service of my Department at www.inis.gov.ie. It should be borne in mind, however, that the information contained on the website is intended to act as guidance only; it does not limit the discretion of the Visa Officer in dealing with individual applications.
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.
607. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date of an application for citizenship in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [33612/14]
View answerI can inform the Deputy that the application has entered the final stage of processing and I intend to grant citizenship.
The person concerned has been invited to attend the next citizenship ceremony on 22nd September 2014, at which he will make a declaration of fidelity to the Irish Nation and loyalty to the State, give an undertaking to faithfully observe the laws of the State and to respect its democratic values, and receive his 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.
608. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current status in respect of a deportation order in the case of a person (details supplied) with particular reference to submissions made pursuant to section 3(11) of the Immigration Act 1999 (as amended) in January 2014; and if she will make a statement on the matter. [33614/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 11th March, 2005. This Deportation Order was made following a comprehensive and thorough examination of the asylum claim of the person concerned and of their case to remain in the State. The person concerned has been evading deportation since 19th May, 2005 and, as such, is liable to arrest and detention for the purposes of having the Deportation Order enforced. The person concerned should, therefore, 'present' to the Garda National Immigration Bureau without further delay.
Representations were received on behalf of the person concerned from the Deputy, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended), to have this Deportation Order revoked. The Deputy might wish to note that any such decision will be to ‘affirm’ or to ‘revoke’ the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.
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.
609. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied) in Dublin 2; and if she will make a statement on the matter. [33616/14]
View answerI wish to inform the Deputy that the person referred to has no entitlement to residency in the State.
The person concerned is subject to a Deportation Order signed in respect of her on 20 August 2009. Further representations were received from the person's legal representative dated 24 August 2009, which were examined in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). Following consideration of the information submitted, the Deportation Order was affirmed. The person concerned and her legal representative were advised of both these decisions by letter dated 18 September 2009.
Further representations were received from the person's legal representative asking that the Deportation Order be revoked, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). When a decision has been made on that application, that decision, and the consequences of that decision, will be conveyed in writing to the person concerned.
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 is 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 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.
610. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for naturalisation in the case of a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [33618/14]
View answerAs the Deputy will appreciate, as well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. All applications are processed with a view to establishing whether the applicants meet the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and are submitted to me for decision as expeditiously as possible. In some instances that can be established relatively quickly and in other cases completing the necessary checks can take a considerable period of time. I am informed that this application is at an advanced stage of processing and will be submitted to me for decision in due course.
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.
611. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in respect of a person (details supplied) in Dublin 22; and if she will make a statement on the matter. [33619/14]
View answerAs the Deputy is aware, 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 remain in the protection process.
612. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in order to obtain permission for leave to remain in respect of a person (details supplied) in County Monaghan; and if she will make a statement on the matter. [33620/14]
View answerThe question of leave to remain in the State, on humanitarian or compassionate grounds, in the case of any person who fails to secure protection status, would be a matter to be considered under Section 3 of the Immigration Act 1999 at the appropriate time. Where a person is refused protection status the Irish Naturalisation and Immigration Service notifies the person in writing of this decision and they are afforded the opportunity to make representations in writing to the Minister setting out reasons as to why they should be allowed remain in the State.
613. Deputy Robert Dowds asked the Minister for Justice and Equality if she will consider amending the Firearms Acts 1925 to 2006, inclusive, to increase the minimum mandatory sentence for persons found to be in illegal possession of a firearm, in order to put further pressure on organised crime gangs operating within the State; and if she will make a statement on the matter. [33630/14]
View answerI can firstly inform the Deputy that there are severe penalties in place for firearm offences under the Firearms Acts 1925 to 2009.
There are a range of penalties depending on the type of offence, as follows:
- A person without a valid certificate for an unrestricted firearm is liable on conviction on indictment to a fine up to €10,000 or up to 5 years imprisonment or both;
- A person without a valid certificate for a restricted firearm is liable on conviction on indictment to a fine up to €20,000 or up to 7 years imprisonment or both;
- To possess a firearm while taking a vehicle without lawful authority, to possess a firearm in suspicious circumstances, and to possess with intent to commit an offence, a person is liable to a minimum of 5 years imprisonment and up to 14 years imprisonment and a fine at the discretion of the Court;
- A person possessing a firearm with intent to endanger life and a person using a firearm to resist arrest is liable to a minimum of 10 years imprisonment up to a maximum of life imprisonment and a fine at the discretion of the Court.
In addition, the controls on the issue of firearms certificates, and the conditions under which weapons can be held, have been strengthened in order to ensure that legitimately held firearms remain as far from the reach of criminals as possible.
In September 2012, the then Minister for Justice and Equality announced the establishment of a working group to conduct a strategic review of penal policy. In line with a recommendation of the Thornton Hall Review Group which reported in 2012, the Working Group was asked to carry out an all encompassing strategic review of penal policy incorporating an examination and analysis of all aspects of penal policy including sentencing policies. The Working Group report is being published today.
I can also assure the Deputy that gun crime generally is being tackled aggressively by An Garda Síochána by means of a range of targeted and intelligence based operations, often disrupting and preventing incidents before harm is caused, as well as detecting and prosecuting those involved.
In particular, the 2014 Policing Plan of An Garda Síochána sets outs this continued commitment to confront groups and individuals engaged in criminal activity, including by employing multi-disciplinary approaches and utilising all available resources and legislation. Advanced analytical and intelligence methods are applied, and proactive high-visibility checkpoints, patrols and searches are deployed, coordinated with armed response capacity to ensure that such resources are focused on key locations and periods. In addition to these enforcement measures, An Garda Síochána also engages extensively with communities in a range of fora to address local concerns relating to crime and community safety, including the impact that organised crime can have at a community level.
An Garda Síochána also works closely with other law enforcement agencies to tackle the transnational dimension to organised crime, and there are substantial multi-agency operations in place to tackle organised crime.
Legislative provisions in this and other areas related to organised crime are kept under review and I remain in regular contact with the Garda Commissioner in relation to tackling organised crime.
614. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of an application for updating of status to Stamp 4 in respect of a person (details supplied) in Dublin 8; and if she will make a statement on the matter. [33634/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department, that this person entered the State on 7 December 2006 and registered on Stamp 2 student conditions on 9 January 2007 until 13 November 2012. This person and their spouse currently have no permission to remain in the State.
An application was received on behalf of the person mentioned by the Deputy and their spouse on 10 April 2014 seeking to change their residency status to Stamp 4 permission to remain in the State. Applications are dealt with in chronological order and INIS will be in contact with the applicant 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 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
615. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 89 of 24 June 2014, if agreement has been reached on the implementation plan and costings in relation to the substantial technical and administrative arrangements required to effectively implement section 44 of the Road Traffic Act 2010; and when the new system will be in place in order that section 44 can be brought into force. [33644/14]
View answerA subgroup of the Criminal Justice (Fixed Charge Processing System) Working Group is continuing to examine how best to bring this provision into effect and has drafted an outline implementation plan, including a preliminary financial analysis. While it is not possible to indicate a precise date for implementation, this matter will be progressed as quickly as possible under the auspices of the Working Group.
616. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of drivers summoned to court from January 2013 to June 2014 under the Road Traffic Acts for offences attracting penalty points; the number of these persons convicted on foot of the summons served in this period; and the number of persons who claimed they did not receive a fixed charge penalty notice relating to the penalty points offence and therefore had their charges dismissed. [33645/14]
View answerThe Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had enquiries made and the following table provides details of the number of defendants summonsed to appear before the court in 2013 and 2014 and convicted for failure to pay a fixed charge penalty notice within 56 days of receipt of the notice. In this regard it should be noted that judges are independent in the exercise of their judicial functions, subject only to the Constitution and the law. The Courts Service has advised that statistics are not compiled in such a way as to provide details of the number of persons who claimed they did not receive a fixed charge penalty notice relating to the penalty points offence.
|
Year |
No. of defendants summonsed to Court |
No. of defendants convicted |
|
2013 |
47,967 |
11,055 |
|
Jan - July 2014 |
32,162 |
7,977 |
Note: These figures do not include penalty point offences which require mandatory court appearances (e.g. driving without insurance, driving carelessly, driving a vehicle when unfit). They refer to summonses issued for courts dates in the years in question, rather than the date on which the summons issues.
617. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of an application for citizenship in the case of a person (details supplied) in County Carlow; if requested documentation has now been received; and if she will make a statement on the matter. [33672/14]
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.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. Certain information was requested from the applicant and a response has been received. Processing of the application is ongoing and 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.
618. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date on an application to upgrade from Stamp 2 to Stamp 4 in the case of a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [33673/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department, that an application was received on behalf of the person mentioned by the Deputy on 13 June 2014 seeking to change their residency status from Stamp 2 to Stamp 4 permission to remain in the State.
Applications are dealt with in chronological order and this Division will be in contact with the applicant 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 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
619. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding an internship for a person (details supplied) in County Kerry. [33684/14]
View answerI wish to advise the Deputy that the Legal Aid Board is independent in the exercise of its functions, in accordance with Section 3 (3) of the Civil Legal Aid Act 1994. This includes the staff of the Board and the Human Resource function which is completely separate and has no administrative links to my Department.
Furthermore, as Minister for Justice and Equality, I am not responsible or accountable to the Dáil for the exercise of any of these functions and powers or the matter referred to in the Deputy's question. The Deputy may wish to take the matter up directly with the Legal Aid Board.
620. Deputy Eoghan Murphy asked the Minister for Justice and Equality when she will regulate the use of house alarms in order that that they have automatic shut-off times and give the required powers to gardaí to turn off such alarms when they malfunction and cause a noise nuisance. [33729/14]
View answerI can advise the Deputy that legislation on noise nuisance comes within the remit of my colleague the Minister for the Environment, Community and Local Government. I am advised that section 107 of the Environmental Protection Agency Act 1992 provides local authorities with powers to require measures to be taken to prevent or limit noise from any premises, processes and works. In this context I have no plans to provide An Garda Síochána with powers as outlined by the Deputy.
In particular, I am advised that there is a mechanism for complaint to the District Court under section 108 of the Environmental Protection Agency Act 1992. The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet outlining the legal avenues available to persons experiencing noise nuisance is available to download from the Department of the Environment, Community and Local Government's website at - www.environ.ie/en/Environment/Noise/.
I can also inform the Deputy that the Private Security Authority (PSA), under the aegis of my Department, is responsible for the licensing, control and supervision of all installers of security equipment. The PSA has powers to maintain and improve standards in the provision of services, including standards for intruder alarms. As of 1 August 2006, alarm installers cannot legally operate without a PSA licence, the granting of which requires that the installer is compliant with the Irish Standard for intruder alarm systems, IS EN50131. While this standard does not specify a maximum decibel level, it does specify a maximum duration of 15 minutes for the sounding of external alarms on buildings, which must cease automatically after this maximum duration. This applies to all external alarms installed after 1 August 2006.
