Thursday, 5 Feb 2015

Written Answers Nos. 184 - 194

Garda Deployment

Questions (184)

Thomas P. Broughan

Question:

184. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 308 of 27 January 2015, if she will provide reassurance that the Garda Commissioner will be requested to assign new gardaí to traffic duty to ensure the correct and safe policing of our roads; and her views on the establishment of a dedicated Garda traffic police within An Garda Síochána for traffic policing duties alone, in view of the death and casualty rates on Irish roads. [5312/15]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, including the Traffic Corps, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

The Deputy will also be aware that I have no direct role in operational road traffic enforcement which is a matter for the Garda Commissioner. I can, however, assure the Deputy that one of An Garda Síochána's strategic objectives is to provide a safe environment for all road users and enforcement remains high and determined throughout the country.

While all operational Gardaí may, as the need arises, enforce road traffic legislation, the Garda National Traffic Bureau (GNTB) formulates policy in line with the Road Safety Strategy and oversee traffic policing throughout the state. Operational Traffic Corps Units based in each Garda Division implement the polices developed by GNTB and enforce road traffic legislation.

As I have previously stated in my answer to the Deputy on the 27 January 2015, on attestation of the new recruits, the Garda Commissioner will assign each of these to Garda stations throughout the country and the needs of the Garda Traffic Corps will be considered within the overall context of the needs of Garda Stations and Units throughout the country.

Insolvency Service of Ireland Data

Questions (185)

Michael McGrath

Question:

185. Deputy Michael McGrath asked the Minister for Justice and Equality the number of personal insolvency proposals vetoed by banks in the course of the work of the Personal Insolvency Service of Ireland; and if she will make a statement on the matter. [5330/15]

Written answers

Minister for Justice and Equality

As the Deputy is aware, the Insolvency Service of Ireland (ISI) began accepting cases in September 2013. The ISI releases its statistics on a quarterly basis and the most up to date figures reflecting Quarter 4 of 2014 were published recently to their website www.isi.gov.ie. 2014 was the ISI’s first full year of operation and during that time almost 1000 debt solutions were approved, comprising 547 alternatives to bankruptcy and 448 bankruptcy cases.

85% of proposals for Debt Settlement Arrangements (DSAs) were successful and 71% of proposals for Personal Insolvency Arrangements (PIAs) were successful. Overall, 75% of proposals for DSAs and PIAs were successful. It is encouraging that three out of four proposals are being supported by creditors. While this demonstrates that many financial institutions are constructively engaging in the process, clearly, some are not.

Last week, the Taoiseach, Tánaiste and I met with representatives of the Insolvency Service and a selection of Personal Insolvency Practitioners (PIPs) in order to hear first-hand the PIPs' experience of putting arrangements in place between people struggling with debt and their creditors.

A number of suggestions were made by the PIPs with a view to improving engagement by creditors in the process. I will be considering these suggestions, and proposals received from a range of stakeholders, in the context of the review of the operation of the insolvency legislation, as committed to in the Statement of Government Priorities 2014-2016, to ensure that the ISI has the powers necessary to support families willing to work their way through their debt problems.

Residency Permits

Questions (186)

Michael McGrath

Question:

186. Deputy Michael McGrath asked the Minister for Justice and Equality the number of applications received for residency here, based on the extension of criteria for investors in budget 2014; and if she will make a statement on the matter. [5385/15]

Written answers

Minister for Justice and Equality

I assume the Deputy is referring to the Real Estate Investment Trust (REIT) option to the Immigrant Investor Programme which was introduced in Budget 2014. This is a demand led scheme and to date, there have been no applications for the REIT option.

Immigration Policy

Questions (187)

Bernard Durkan

Question:

187. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will review the refusal to grant stamp 4 status in the case of a person (details supplied) in Dublin 1; and if she will make a statement on the matter. [5392/15]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service that the situation remains the same as my reply to the Deputy on 20 November 2014. The person in question is subject to the immigration regime for full time non-EEA students which was published in September 2010 and has been in effect since 1 January 2011. As such they do not qualify for Stamp 4 status. A letter to this effect issued to this person on 24 July 2014. The situation is that if this person wishes to work in the State they require a work permit to do so. The issuing of work permit is of course a matter for the Department of Jobs, Enterprise and Innovation.

Residency Permits

Questions (188)

Bernard Durkan

Question:

188. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status in the case of persons (details supplied) in County Waterford; and if she will make a statement on the matter. [5393/15]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned comprise a family of four, made up of two parents and their two minor children. The cases of the mother and one of the children are at the Section 3/Leave to Remain stage, the case file of the father will also be at that stage in the near future, once a 'three options letter' has been issued to him, while the case file of the remaining child rests with the Refugee Appeals Tribunal.

As the Deputy may be aware, it is the practice of the INIS, insofar as it is possible to do so, to seek to have the cases of all members of a family unit processed to completion at the same time. This principle will be applied in the context of the cases of the persons concerned also. The Deputy will appreciate that the cases of the persons concerned cannot be processed to completion at this point in time given that one member of the family has an outstanding asylum/protection issue to be determined.

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.

Residency Permits

Questions (189)

Bernard Durkan

Question:

189. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [5394/15]

Written answers

Minister for Justice and Equality

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, who currently has permission to reside in the State until 31 December, 2015.

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. The application will be finalised and 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 (190)

Bernard Durkan

Question:

190. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will note the change of address in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [5397/15]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the address change included with the Deputy's Question has been reflected on INIS records.

In terms of the position in the State of the person concerned, I am advised that as the person concerned had no valid basis to remain in the State, they were, by letter dated 4th April, 2014, notified that the then Minister proposed to make a Deportation Order in respect of them, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended). They were given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making written representations to the then Minister setting out the reasons why they should not have a Deportation Order made against them. Written representations have been submitted by and on behalf of the person concerned. 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), in advance of a final decision being made.

The Deputy should note that the person concerned does not hold a current right of residency in this State, they would not be in a position to take up a position of paid employment. 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.

Residency Permits

Questions (191)

Bernard Durkan

Question:

191. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status in the case of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [5398/15]

Written answers

Minister for Justice and Equality

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. I am informed that processing of this application is well advanced and will be finalised 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 Re-examination

Questions (192)

Bernard Durkan

Question:

192. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will revoke a deportation order in the case of a person (details supplied) in County Waterford in view of the fact that the person’s circumstances have changed since the making of the order; and if she will make a statement on the matter. [5399/15]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service of my Department that the person concerned is the subject of a Deportation Order, made following the refusal of their asylum and subsidiary protection applications and the consideration of their case under Section 3 (6) of the Immigration Act 1999 (as amended).

Representations were received in late 2013 from the legal representative of the person concerned, requesting that the Deportation Order be revoked, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). This request is under consideration at present. Once a decision has been made on this request, this decision will be notified in writing. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the meantime, the Deportation Order remain 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.

Residency Permits

Questions (193)

Bernard Durkan

Question:

193. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency position in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [5400/15]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a letter of application for residence in the State as a family member of an EU citizen was submitted on behalf of the persons concerned on 05/01/2015. However the relevant EU1 application forms were not submitted at that time and the persons concerned were requested by letters dated 22/01/2014 and 28/01/2015 to submit the completed EU1 application forms together with the necessary documentation in support of their applications. Officials in INIS have advised they are not aware of any conflicting requests in this regard. As the Deputy has been previously advised it is incumbent on applicants to co-operate with any request for supporting documentation which is a key part of the application.

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. The 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.

Residency Permits

Questions (194)

Bernard Durkan

Question:

194. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the record in respect of continuous residency held in her Department in the case of a person (details supplied) in County Kildare will reflect that person's continuous residency as per that person's passport in this jurisdiction from 30 May 2000 to 30 May 2008 and that any loss of residency stamps thereafter has been due to the fact that the person had difficulty having their file updated which is due to no fault of that person; if that person's case will be evaluated on this basis; and if she will make a statement on the matter. [5402/15]

Written answers

Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned was granted temporary permission to remain in the State for one year in 2000 under the arrangements then in place for the non-EEA national parents of Irish born citizen children. This permission was renewed subsequently until 1 September, 2008, the expiry date on her Latvian aliens passport. Following a review of her case by the relevant officials in my Department, and on receipt of her new Latvian aliens passport, the person concerned was granted further permission to remain in the State for two years until 11 February, 2015. Periods for which the person concerned did not have permission to remain in the State are excluded under section 16A(1)(a) of the Irish Nationality and Citizenship Act 1956, as amended, when assessing if the residency conditions for naturalisation are satisfied. An on-line residency calculator is available on the website www.inis.gov.ie which may be of assistance in establishing if and when the residency requirements are met.

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.