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Thursday, 4 Dec 2014

Written Answers Nos. 117-123

Garda Reports

Questions (117)

Thomas P. Broughan

Question:

117. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 327 of 6 May 2014, if she will provide an update on the work of An Garda Síochána in addressing cash for cars signs, which are particularly prolific across the greater Dublin area. [46609/14]

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Written answers

Further to my reply of 6 May 2014, in which I outlined the approach being taken by An Garda Síochána to the matter referred to, I have requested an updated report from the Garda authorities and I will contact the Deputy directly when the report is to hand.

Anti-Social Behaviour

Questions (118)

Thomas P. Broughan

Question:

118. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the steps An Garda Síochána will be taking in the Dublin metropolitan region in conjunction with public transport operators over the Christmas and new year period to address potential incidents of anti-social behaviour on public transport. [46610/14]

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Written answers

The Deputy will appreciate that, while I have no direct role in Garda strategies to tackle anti-social behaviour and criminal activity on public transport services in Dublin, I can assure him that I am in regular contact with the Garda Commissioner about all aspects of policing and community safety.

In this regard, I am informed that local Garda Management engages extensively with transport operators in the Dublin area, including with the Railway Procurement Agency, Iarnród Eireann, Dublin Bus and Transdev (the Luas operator). Each Dublin Metropolitan Region Traffic Inspector is assigned as a point of contact for the public transport operators, and a range of regional and local operations have been put in place to address issues that have arisen at specific locations. Instances of anti-social behaviour are monitored by local Garda management with the assistance of Garda Síochána Analysis Service, which results in periodic operations aimed at anti-social behaviour on and around public transport routes. I am further advised that there is effective communication with the respective control centres and that access to good quality CCTV has also been of great assistance in the investigation of complaints.

I am assured that Gardaí closely monitors patrols, and other operational strategies in place, in conjunction with crime trends and the policing needs in the areas concerned to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public. A proactive approach is taken to tackling anti-social behaviour and criminal activity including targeted operations and a high visibility priority policing presence at key locations and pertinent times. The existing excellent co-operation between Gardaí and transport operators will continue to underpin measures to address any issues of concern that may potentially arise during the Christmas period, including in relation to the volume of people using public transport and the occurrence of alcohol-related antisocial behaviour.

Road Safety

Questions (119)

Thomas P. Broughan

Question:

119. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the road safety campaign which will be promoted and enforced by members of An Garda Síochána during the Christmas and new year period. [46611/14]

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Written answers

As the Deputy will be aware, the Road Safety Authority (RSA) and An Garda Síochána launched the Christmas and New Year Road Safety Campaign 2014/15 in co-operation with the Medical Bureau for Road Safety in UCD on 27 November, 2014. This year's Campaign will have a strong emphasis on intoxicated driving, reflecting the tragic loss of lives on our roads during this period last year, as well as analysis of outcomes from last year's campaign and in particular the number of detections and arrests for intoxicated driving.

In addition, this year's initiative incorporates a specific awareness campaign to highlight the introduction of Roadside Impairment Testing (RIT), which will provide An Garda Síochána with additional powers to test drivers whom they suspect of driving under the influence of drugs.

As part of the overall campaign, significant Garda resources will be dedicated to preventing and addressing unsafe road behaviour over the holiday period through targeted enforcement and road safety operations. Garda road safety enforcement will target high-risk behaviour such as speeding, driving while intoxicated, non-wearing of seatbelts and the use of mobile phones while driving. Furthermore, An Garda Síochána will continue to work with all partner agencies in the promotion of key messages and initiatives to improve road safety.

Immigration Status

Questions (120)

Bernard Durkan

Question:

120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status and possible eligibility for naturalisation in the case of a person (details supplied) in County Cavan who also requires travel documents to facilitate travel to their homeland to attempt to obtain a national passport, which seems to be a prerequisite in their case; and if she will make a statement on the matter. [46648/14]

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Written answers

I am advised by the Irish Naturalisation & Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State, on a Stamp 4 basis, for three years on 17/10/2013 as an exceptional measure. In order to renew this permission to remain, the person concerned must provide a current passport or show documentary evidence that they have made serious efforts to obtain one. Future renewals of the permission to remain granted should be applied for four weeks in advance of the permission expiring, as directed in their initial grant letter.

I am informed that in exceptional cases an application for 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".

It is also open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.

Queries on 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.

Naturalisation Applications

Questions (121)

Bernard Durkan

Question:

121. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the requirements in respect of eligibility to obtain naturalisation in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [46655/14]

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Written answers

Section 15 of the Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in her absolute discretion, grant a certificate of naturalisation provided certain statutory conditions are fulfilled. One such condition is that the applicant must 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. Periods for which the applicant did not have the permission of the Minister for Justice and Equality to reside in the State are not reckonable for the purposes of satisfying the residency conditions for naturalisation.

An application for a certificate of naturalisation from the person referred to by the Deputy was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) on 17 September, 2014. On examination of the application submitted it was determined that the person in question did not meet the statutory residency requirements as set out in the Act and referred to above. The person concerned was informed of this by letter on 12 November, 2014 along with a calculation of her periods of reckonable residence.

It is open to the individual referred to by the Deputy to lodge a further application for citizenship if and when she is in a position to meet the prescribed statutory requirements. The on-line Naturalisation Residency Calculator available on the INIS web-site at www.inis.gov.ie can be used as a guide to whether an individual satisfies the naturalisation residency conditions and, if not, give an indication of how long they should wait before making an application.

The Deputy may wish to note that queries on 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.

Asylum Applications

Questions (122)

Bernard Durkan

Question:

122. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the outcome of an appeal hearing held on 18 August 2014, at 6-7 Hanover Street East, Dublin 2, in the case of a person (details supplied) in County Kildare. [46658/14]

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Written answers

If the person concerned has made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such applications for so long as they remain in the protection process.

Naturalisation Applications

Questions (123)

Bernard Durkan

Question:

123. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a further application for naturalisation may be entertained in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [46659/14]

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Written answers

All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Irish Nationality and Citizenship Act 1956, as amended. Section 15 of the Act provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation if satisfied certain statutory conditions are fulfilled. In particular, these conditions require that an applicant is of good character; has had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, has had a total residence in the State amounting to four years; that he or she intends in good faith to continue to reside in the State after naturalisation; and has made a declaration of fidelity to the Irish nation and loyalty to the State in the prescribed manner. 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.

It would be inappropriate for me to indicate how specific offences will be considered in any future application as each application is considered on its merits based on the entirety of the case presented at that time. I can inform the Deputy that I am concerned to ensure that the threshold of what constitutes good character is, taking all things into account, maintained at an appropriate level and as such is fair to all applicants having regard to their particular circumstances.

It is open to the person concerned to lodge an application for a certificate of naturalisation 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.

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

Queries on 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.

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