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Thursday, 25 Sep 2014

Written Answers Nos. 140-152

Residency Permits

Questions (140)

Bernard Durkan

Question:

140. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will review the decision to refuse residency status in the case of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [36416/14]

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Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that one of the persons concerned made an application for permission to remain in the State on 5 September, 2014 on the basis of their marriage to the other person concerned, who is an Irish national. That application is currently pending a decision. In the interest of taking a fair approach to all such applications, cases are processed in chronological order.

I understand that the refusal decision referred to by the Deputy may relate to a different application made by the person concerned, which was not an application for residency status.

Residency Permits

Questions (141)

Bernard Durkan

Question:

141. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding a long-term residency-eligibility for naturalisation in the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [36417/14]

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Written answers

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted temporary permission to remain in the State on 4 August, 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 4 August, 2016.

An application for a certificate of naturalisation was received from the person concerned which was recently refused. The person concerned was informed of this refusal and the reasons for it in a letter issued on 25 July, 2014. However, it is open to the person in question to lodge a new application if and when she is in a position to meet the statutory requirements applicable at that time.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.

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.

Naturalisation Applications

Questions (142)

Bernard Durkan

Question:

142. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which an application for residency-naturalisation has been progressed in the case of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [36419/14]

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Written answers

I 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.

Deportation Orders

Questions (143)

Bernard Durkan

Question:

143. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status-eligibility for naturalisation in the case of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [36421/14]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has been in the State without permission since 23rd March, 2013. Consequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 29th April, 2014, 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 submitting written representations setting out the reasons why they should not have a Deportation Order made against them. To date no written representations have been received from 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. Any representations submitted will be considered before a final decision is 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.

Deportation Orders

Questions (144)

Bernard Durkan

Question:

144. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she has provided further consideration to the submissions made for long-term residency-eligibility for naturalisation in respect of a person (details supplied) in County Longford; and if she will make a statement on the matter. [36423/14]

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Written answers

I 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. 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 his Deportation Order revoked. This application is under consideration at present. 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.

Deportation Orders

Questions (145)

Bernard Durkan

Question:

145. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency in the case of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [36429/14]

View answer

Written answers

I wish to inform the Deputy that the person referred to has no entitlement to residency.

The person concerned is the subject of a Deportation Order made on 12th November 2008. The person concerned has been evading deportation since 2nd December 2008 and, as such, is liable to arrest and detention. The person concerned should, therefore, 'present' to the Garda National Immigration Bureau without further delay.

Representations were received on behalf of the person concerned pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended), to have her Deportation Order revoked. This application is under consideration at present. 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.

Question No. 146 answered with Question No. 126.

Mother and Baby Homes Inquiries

Questions (147)

Joe Costello

Question:

147. Deputy Joe Costello asked the Minister for Children and Youth Affairs if he will include the case of a person (details supplied) in the inquiry into mother and baby homes; and if he will make a statement on the matter. [36160/14]

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Written answers

The Commission of Investigation into matter relating to Mother and Baby Homes, once established, will be statutory and independent and will operate in accordance with the Commission of Investigations Act 2004.

Discussions are on-going with my Government colleagues and the Attorney General with a view to finalising our deliberations on the Commission's terms of reference in early course. The Report of the Inter-Departmental Working Group on Mother and Baby Homes, along with the views expressed by interested parties, is informing this task. One of the key recommendations in this Report is that the Commission on Mother and Baby Homes should not repeat the work of previous investigations, in particular the Commission to Inquire into Child Abuse. It is noted that the institution mentioned in the details supplied by the Deputy, falls within those categories of ‘institutions’ already examined in detail by the Commission to Inquire into Child Abuse. This included schools, industrial schools, reformatory schools, orphanages, hospitals, children’s homes and other places where children were cared for other than as members of their families.

However, as an independent body, it will ultimately be a matter for the Commission itself to determine the approach to matters which fall within its specific terms of reference. My Department will arrange to pass the details supplied by the Deputy to the Chair of the Commission upon its establishment.

Mother and Baby Homes Inquiries

Questions (148)

Robert Troy

Question:

148. Deputy Robert Troy asked the Minister for Children and Youth Affairs the date of publication of the terms of reference of the inquiry into the mother and baby homes; the level of consultation he and his predecessors have had with the interested parties; and if he will make a statement on the matter. [36178/14]

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Written answers

This Government is committed to establishing an effective Commission of Investigation into matters relating to Mother and Baby Homes. Considerable progress has been achieved to date in this important task, including the publication of the Inter-Departmental Group’s Report and the announcement that Judge Yvonne Murphy will Chair this independent statutory investigation. It is my intention to bring a Memorandum to Government as quickly as possible setting out the proposed Terms of Reference and to return to the Houses with a draft order to establish the Commission.

Discussions in this regard are on-going with the Attorney General and colleagues across Government with a view to finalising our deliberations in early course. In parallel with this work, my Department is advancing the legislative and logistical arrangements required to establish the Commission.

Given the breadth and scale of the issues involved, and our experience of previous statutory inquiries, it is apparent that precise terms of reference are required to ensure the Commission is set up on the most sound footing possible. This is a complex undertaking and it is right to take the necessary time for drafting to ensure the Commission can deliver on public expectations in a realistic manner.

My predecessor, Minister Flanagan, previously met with representatives of a number of key advocacy groups and Church leaders, including the Adoption Rights Alliance, First Mothers Group, Bethany Homes Survivors Group, Cúnamh, Adoption Loss and Archbishop Diarmuid Martin. I have also recently met with Archbishop Michael Jackson. The submissions made during these constructive discussions, together with more than 120 written submissions received by my Department, are a valuable input to the deliberative process.

The Inter-Departmental Group’s Report has served to stimulate and further inform public debate on these important matters. As matters progress in the coming weeks it is my intention to arrange further engagements with opposition spokespersons and other stakeholders in order to update them on the emerging issues and seek their further views. I am confident that this inclusive approach will assist in establishing an inquiry which is capable of effectively addressing these important matters in a sensitive and timely manner.

National Carers Strategy Consultation

Questions (149)

Thomas P. Broughan

Question:

149. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs if he will report on the work of his Department and the agencies under its aegis to devise a strategy or plan to reach out and support young carers who care for a parent, sibling or other relative and who often experience difficulties in seeking help and specific supports in their special situation. [36222/14]

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Written answers

The Deputy will be aware that the National Carers Strategy is led by the Department of Health and many Departments including the Department of Children and Youth Affairs have a role to play in its implementation. Earlier this month officials from my Department and the Child and Family Agency met with the National Carers' Association to discuss the role of the Department and the Agency in relation to the National Carers' Strategy.

The Child and Family Agency Act 2013 brings together a range of existing services for children and families to one agency. As of 1st January 2014, the Child and Family Agency is responsible for the former Family Support Agency, the National Educational Welfare Board and also for the functions of Child and Family services previously provided by the HSE.

The Agency's functions include maintaining and developing services in order to support and promote the development, welfare and protection of children and to support effective functioning of families. In so doing the Agency will promote enhanced interagency cooperation to ensure that services are coordinated on the principle of the best interest of all children and their families.

The Educational Welfare Service (EWS) of the Child and Family Agency is in the process of refining and implementing a new strategic approach to service delivery through an integrated model of service committed to the principle of “One Child, One Team, One Plan”. The EWS of the Child and Family Agency is developing national guidelines as a practical support for schools in the preparation of School Attendance Strategies as outlined in Section 22 of the Education (Welfare) Act, 2000. The guidelines will assist schools to implement effective measures to support children at risk of poor attendance and participation, including those with caring responsibilities. It is anticipated that the guidelines will be completed before the beginning of the 2015/16 academic year.

In order to learn more about children that undertake caring roles, my Department requested the Central Statistics Office to help to identify the extent to which children have caring responsibilities.

The Census of Population 2011 found that 6,449 children, or 5.6 per 1,000 children provided regular unpaid personal help for a friend or family member with a long-term illness, health problems or disability. Rates ranged from 4.3 per 1,000 in Co. Louth to 8.2 per 1000 in Co. Leitrim. Under the National Strategy for Research and Data on Children’s Lives (2011-2016) analysis of those figures in the 2011 Census will help to inform future policy as to how best to address the support needs of children and young people who undertake caring roles. This analysis will be published before the end of 2014.

Child and Family Agency Funding

Questions (150)

Thomas P. Broughan

Question:

150. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs his views regarding the recent statements made by the chief executive of the Child and Family Agency regarding the major funding difficulties faced by the new agency; and if he will be seeking additional resources under his Department’s Vote to ensure that the agency has sufficient resources to fulfil its statutory remit. [36225/14]

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Written answers

The financial allocation for Tusla, The Child and Family Agency, in 2014, its first year of operation, was set at €609 million. This is comprised of €602 million in current funding and €7 million in capital funding. It is acknowledged that delivering the range of service required of the Agency, within this budget, is challenging.

Notwithstanding the significant level of resources provided, certain areas of expenditure, such as legal costs, have in the past proven difficult to manage within the allocated budget. It is also noted that other areas of expenditure such as private residential and foster care have experienced strong demand in 2014.

The Agency is implementing significant reform to seek to achieve greater value for money and efficiencies in such areas and the progress in this regard is subject to ongoing monitoring and review with my Department.

Officials in my Department continue to closely monitor the cash position of the Agency and are working with the Agency to determine an evidence based full year cash requirement. No final determination has yet been reached in this regard.

In the event that supplementary funding is required to meet the running costs of the Agency in 2014 the matter will be discussed with DPER as part of the ongoing budgetary discussions.

Early Childhood Care Education

Questions (151, 152, 154, 155)

Michael McGrath

Question:

151. Deputy Michael McGrath asked the Minister for Children and Youth Affairs the cost of extending the early childhood care and education scheme from three hours per day, five days per week, over 38 weeks to five hours per day, five days per week and six hours per day, five days per week over 38 weeks; and if he will make a statement on the matter. [36236/14]

View answer

Michael McGrath

Question:

152. Deputy Michael McGrath asked the Minister for Children and Youth Affairs the cost of extending the early childhood care and education scheme from three hours per day, five days per week, over 38 weeks to 44, 46 and 48 weeks per year respectively; and if he will make a statement on the matter. [36237/14]

View answer

Seán Ó Fearghaíl

Question:

154. Deputy Seán Ó Fearghaíl asked the Minister for Children and Youth Affairs the estimated cost of an additional five hours per week for the preschool year. [36267/14]

View answer

Seán Ó Fearghaíl

Question:

155. Deputy Seán Ó Fearghaíl asked the Minister for Children and Youth Affairs the estimated cost of an additional free preschool year. [36268/14]

View answer

Written answers

I propose to take Questions Nos. 151, 152, 154 and 155 together.

The Early Childhood Care and Education programme was introduced in January 2010 and provides a free pre-school year to all eligible children before commencing primary school.

Despite the challenging budgetary situation, the pre-school year has been maintained as a universal and free programme, ensuring that a significant number of children can avail of quality pre-school services that would not otherwise be in a position to do so.

There is an increasing body of Irish and International evidence quantifying the benefits of early years intervention in terms of improving outcomes for children and in delivering significant economic and societal return to the State. In this context I believe the introduction of a second year would benefit children's educational and developmental outcomes.

A second free pre-school year would represent €2,500 to €3,000 worth of free childcare to parents and would be likely to generate 4,000-5,000 new jobs, albeit mostly part-time.

However, the introduction of a second pre-school year would require considerable additional funding, broadly in line with the cost of the current one-year provision, which is €175 million per annum. This additional funding is not currently available due to the financial constraints under which the Government is operating. In addition, all of the available evidence indicates that the quality of the pre-school provision is key to good outcomes for children. The Early Years Quality Agenda that is being progressed by my Department, and which involves a range of actions in key areas aimed at improving quality within early years services and enhancing the regulatory regime, is a key building block for any further extension of universal childcare provision.

Better Outcomes, Brighter Futures, the national policy framework for children and young people 2014-2020, recognises the value of early childhood care and education in supporting children's early cognitive, social and emotional development, and the Government is committed to the introduction of a second free pre-school year within the lifetime of the framework once the required quality standards are achieved and subject to the availability of resources. My Department and I will be keeping this commitment under review in the context of the progress of the Early Years Quality Agenda.

The approximate additional extra cost of extending the ECCE programme is:

4 hours per day, five days per week, for 38 weeks = €58m

5 hours per day, five days per week, for 38 weeks = €117m

6 hours per day, five days per week, for 38 weeks = €175m

3 hours per day, five days per week, for 44 weeks = €27.66m

3 hours per day, five days per week, for 46 weeks = €36.88m

3 hours per day, five days per week, for 48 weeks = €46.10m

It should be noted that there are factors outside cost which would impact on policy decisions in this area. For example, a programme that lasted for a 6 hour day would be very onerous for young children, and programmes that extended outside the primary school year could be difficult for parents to manage.

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