Written Answers Nos. 131-138
131. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding a person (details supplied) in County Waterford since the revocation of a deportation order by the courts; if this case will be fairly considered in view of time elapsed; and if she will make a statement on the matter. [46672/14]
View answerIf the person whose details were supplied has made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such applications for so long as they remain in the protection process.
In terms of the processing of subsidiary protection applications generally the following information may be of interest to the Deputy. The Deputy will be aware that responsibility for the processing of subsidiary protection applications rests with the Refugee Applications Commissioner under the European Union (subsidiary Protection) Regulations 2013. The Commissioner announced in March 2014 that he is according priority to certain classes of applications for subsidiary protection. The legal basis for the prioritisation of applications is set out in the 2013 Regulations. Prioritisation relates solely to the scheduling of interviews and will not predetermine any recommendation to be made. The UNHCR as part of its mandate in relation to international protection has provided advice in relation to the prioritisation of applications.
High quality and fair decision-making in all cases continues to be a key priority at all stages of the protection process.
132. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency, eligibility for stamp 4 or naturalisation in the case of a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [46673/14]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is currently registered in the State under Stamp 4 conditions granted to them on the basis of their marriage to an Irish national. This permission is valid until 10 February 2015 and is renewable by attending at their local immigration office accompanied by their Irish spouse.
If there has been any change of circumstances preventing the renewal of their immigration permission, the person concerned should be advised to make an application to INIS outlining the circumstances preventing them from renewing their registration.
All non EEA residents on reaching the age of sixteen are required to register with their local immigration officer. The person concerned should attend at their local immigration office for registration if they are sixteen years of age.
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 of too long awaited.
133. Deputy Bernard J. Durkan asked the Minister for Justice and Equality notwithstanding previous refusal, the way it may be possible to facilitate a request for residency status stamp 4 in the case of a person (details supplied); and if she will make a statement on the matter. [46674/14]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was refused an application for a residence card under the provisions of the European Communities (Free Movement of Persons) Regulations 2006 and 2008 (the "Regulations") on 22/08/2014. The application was refused as the person concerned did not submit the necessary documentation in support of the application.
I am further advised that the person concerned submitted a fresh application for residence under the Free Movement provisions on 17/09/2014. This application is currently under examination and a decision will be made based on the documentation on file within the six month statutory time limit. It is noted that the person concerned was requested on 7/10/2014 to submit certain documentation in support of the application but has failed to do so to date. As the Deputy will appreciate, it is incumbent on applicants to cooperate with a request for information which is a key part of their application. In addition, the person concerned did not advise the relevant office of INIS of their change in circumstances as required under Regulation 11(4) of the Regulations.
I am advised that INIS will be in contact directly with the person in question to clarify the position concerning same.
I am not in a position to comment on the outcome of any application while it is under examination. However, in view of the circumstances particular to the case, the applicant will be granted a temporary permission to reside in the State for six months pending a decision on the case.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using 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.
134. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding naturalisation in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [46689/14]
View answerOfficials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question.
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.
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.
135. Deputy Brendan Smith asked the Minister for Justice and Equality if all stakeholders and representative organisations will be consulted in respect of the review of firearms legislation; the timeframe for the completion of this review; and if she will make a statement on the matter. [46712/14]
View answerIn light of public safety concerns highlighted by An Garda Síochána and difficulties in the interpretation of the legislation expressed by members of the judiciary, a joint Department of Justice and Equality/An Garda Síochána Working Group was established by my Department to review firearms licensing. The Report of this Working Group was published on 13 November and submissions on the Report have been sought from stakeholders and the public by 31 January 2015. The consultation process gives individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation.
I have already given a commitment that I will not make any decisions until I have had the opportunity to consider all the submissions which are made and I meet the key stakeholders, including the organisations who represent those who use firearms for sporting purposes. I would now urge all concerned to engage with this process so that the views of all concerned can be considered before decisions are made in relation to this matter.
There is no set time frame for completion of the review. The next steps will be considered after all submissions are received at the end of January.
136. Deputy Finian McGrath asked the Minister for Justice and Equality if she will support residents who are being intimidated by drugs gangs but who are too afraid to report the fact to the Garda; and if she will make a statement on the matter. [46715/14]
View answerUnder the National Drugs Strategy (2009-2016) framework a ‘Drug-Related Intimidation Programme’ has been established by the Garda National Drugs Unit in conjunction with the community based National Family Support Network (FSN) with the support of the HSE's Social Inclusion Unit.
Under the programme, nominated Garda Inspectors for every Garda Division have been designated by the Garda Commissioner to deal to the issue of drug related intimidation. These Inspectors act as a point of contact for any individuals (or for representatives of the FSN acting on individuals' behalf) in responding to any issues of drug related intimidation being experienced.
I would, therefore, encourage any persons experiencing any intimidation of the type referred to by the Deputy to utilise this confidential service and more details of this programme are available at www.fsn.ie and www.garda.ie.
137. Deputy Peadar Tóibín asked the Minister for Children and Youth Affairs if he will provide, in tabular form, the total annual budget allocation of his Department to provide for domestic violence-related services between 2007 to 2014. [46526/14]
View answerResponsibility for the funding of Domestic, Sexual and Gender Based Violence Services transferred from the HSE to Tusla, the Child and Family Agency, upon its establishment on 1 January, 2014.
I am advised that in 2013, the HSE spent over €17 million on the provision of Domestic, Sexual and Gender Based Violence Services. In 2014, the Child and Family Agency will also spend in excess of €17 million on the provision of these services. This includes the funding of some 60 services throughout the country:
- €10m for 20 Crisis Refuges and support services
- Over €4 million for 16 Rape Crisis Centres
- Almost €3.5 million for 24 Domestic Violence Support Services.
With regard to the additional information requested by the Deputy on the funding of Domestic Violence Services from 2007 - 2012, I have asked the Child and Family Agency to request this information from the HSE. I will forward these details to the Deputy once the information has been received from the Agency.
138. Deputy Finian McGrath asked the Minister for Children and Youth Affairs his views on the school completion programme (details supplied); and if he will make a statement on the matter. [46716/14]
View answerThe School Completion Programme aims to retain young people in the formal education system to completion of senior cycle and to generally improve the school attendance, participation and retention of young people who are risk of educational disadvantage. The Programme is a targeted intervention aimed at school communities identified through the Department of Education and Skills’ DEIS Action Plan for Educational Inclusion. It provides targeted supports annually to approximately 36,000 children.
Since 1st January 2014, the Child and Family Agency has operational responsibility for the School Completion Programme, including the allocation of funds to local projects. In 2014, an allocation of €24.756 million has been provided for the School Completion Programme. The Agency has approved local projects' school retention plans for the 2014/2015 academic year. The first instalment of 2014/15 funding issued to local projects last September. Further payments totalling approximately €9.5m will issue this month, with a third instalment in May 2015.
The School Completion Programme was subject to a Comprehensive Review of Expenditure in 2011, requiring an annual reduction in budget of 6.5% in the period 2012-2014 to the current (2014) allocation of €24.756m. In the case of the project to which the Deputy refers, and in line with Comprehensive Review of Expenditure requirements, funding of €214,183.93 was notified for the school year 2014-2015 and awarded on foot of a retention plan approved by the Agency in summer 2014. The allocation of this funding across the range of interventions planned and between the member schools in the project is a matter for the Local Management Committee.
The estimate for the Agency for 2015 is €635 million, a 4.3% increase on its 2014 allocation. My Department will issue a Performance Statement under Section 45 of the Child and Family Agency Act, 2013 this month. This will include my priorities for consideration in the development of the 2015 Business Plan. The Business Plan will set out the Agency's proposed activities, programmes and priorities for 2015, including provision for School Completion Programme funding, in light of the monies available.
A review of the School Completion Programme has commenced. It is being carried out by the Economic and Social Research Institute following a procurement process managed by the Agency. The programme has been in operation since 2002 and I believe that it is timely that a review be carried out. The Review is an important initiative to plan for the future development of this Programme. It is envisaged that the review will be completed during the 2014/2015 academic year.
