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Tuesday, 10 Feb 2015

Written Answers Nos. 345-362

Naturalisation Applications

Questions (345)

Bernard Durkan

Question:

345. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position and progress made to date in the determination of application for naturalisation in the case of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [5751/15]

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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. 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.

Family Reunification

Questions (346)

Ruth Coppinger

Question:

346. Deputy Ruth Coppinger asked the Minister for Justice and Equality , further to Parliamentary Question No. 72 of 28 January 2015, if she will consider employing extra staff for the purposes of reducing waiting times for the family reunification visa, as opposed to using existing staff in her Department; and if she will make a statement on the matter. [5757/15]

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Written answers

As advised in my answer of Wednesday, 28th January, 2015, January, 2014, my predecessor, introduced a Policy Document on Non-EEA Family Reunification. Contained therein is a stated business target that visa applications to join Irish citizens should be dealt with within six months of receipt of application. A target of twelve months applies to other applications for family reunification. These processing times are in line with international norms for such applications. However, it must be made clear that these are business targets for the immigration service. Accordingly, they in no way constitute legal obligations.

These business targets reflect the detailed assessment that is required to be carried out in relation to applications for family reunification and are qualified by availability of resources. These targets are largely being met. Delays in achieving them are primarily related to processing more complex cases where the provision of additional documentation is requested by my officials, or where detailed assessments of family rights under the Constitution and the European Convention on Human Rights are required, rather than to the availability of staff resources.

The stated targets are being largely met despite a 58% increase in the number of visa applications from persons wishing to join an Irish citizen spouse/partner from 2010 to 2014.

The management of resources is kept under constant review in my Department. As I stated in my previous reply, I must balance the needs of this specific area of my Department with the requirements of other areas.

In this regard, it must be borne in mind that 'join family' applications are not as time-bound as other forms of visa applications e.g. for the purpose of tourism, to study, to do business, to take up employment etc. and, therefore, the staff resources available for processing must be organised to deal, in a timely way, with these more time-bound applications while also progressing the more complex family reunification applications.

Question No. 347 answered with Question No. 328.

Garda Investigations

Questions (348)

Billy Kelleher

Question:

348. Deputy Billy Kelleher asked the Minister for Justice and Equality if her Department is carrying out a full review of the murder of a person (details supplied). [5764/15]

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Written answers

The correspondence supplied by the Deputy contains a request by a third party to have the particular case reviewed under the Independent Review Mechanism set up to consider allegations of Garda misconduct and inadequacies in the investigation of such allegations.

As the Deputy is aware, the Independent Review Mechanism was set up for the specific purpose of considering matters of, or relating to, Garda misconduct. The concerns raised in the material provided do not, on the face of it, appear to raise any issues of Garda misconduct but refer to matters which occurred during the course of a trial.

While I appreciate the difficulties and distress that people engaged in court proceedings can experience, the position is that the courts are subject only to the Constitution and the law, independent in the exercise of their judicial functions. The conduct of any court case is a matter entirely for the presiding judge. As the Deputy is aware, I cannot comment or intervene in any way in relation to how particular proceedings are conducted or on the outcome of those proceedings.

A copy of the correspondence was also forwarded directly to my Department by e-mail on 26 January 2015 and a reply will issue in due course.

Naturalisation Applications

Questions (349)

Brendan Ryan

Question:

349. Deputy Brendan Ryan asked the Minister for Justice and Equality if she will examine the naturalisation application in respect of a person (details supplied) in County Dublin; if this application will be expedited; and if she will make a statement on the matter. [5767/15]

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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. Processing of the application is well advanced 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.

Road Safety Data

Questions (350)

Thomas P. Broughan

Question:

350. Deputy Thomas P. Broughan asked the Minister for Justice and Equality her views on the Road Safety Authority figures from 29 October 2013, the date on which it took over as the single licensing authority, to 17 December 2014; in this period 9,611 drivers were disqualified in court, but 8,137 of these did not surrender their licences; and the number of drivers prosecuted for the offence of failing to surrender their licence when disqualified in 2013, 2014 and to date in 2015. [5800/15]

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Written answers

I have sought the detailed views of an Garda Síochána in relation to the matter raised by the Deputy and I will be in contact directly when information is available.

Garda Deployment

Questions (351, 353)

Niall Collins

Question:

351. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide, in tabular form, the number of gardaí, by year and by Garda division, stationed in each Dublin metropolitan region station in the years 2009 to 2014 and to date in 2015; and if she will make a statement on the matter. [5900/15]

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Niall Collins

Question:

353. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide, in tabular form, the current number of vacancies in senior Garda posts in the Dublin metropolitan region; when she will fill these posts; and if she will make a statement on the matter. [5902/15]

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Written answers

I propose to take Questions Nos. 351 and 353 together.

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, 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.

I have arranged to send detailed tables of the information which the Deputy has requested directly to him.

Crime Data

Questions (352)

Niall Collins

Question:

352. Deputy Niall Collins asked the Minister for Justice and Equality when the Central Statistics Office’s crime data for quarter 3 2014 will be published; the reason there is a delay in publication; the actions that have been taken in view of the criticisms of these statistics by the Garda Inspectorate; and if she will make a statement on the matter. [5901/15]

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Written answers

The Deputy will appreciate that, as the CSO is the independent national statistical agency, the timing and format of the recorded crime statistics which it publishes are matters for it to determine.

As the Deputy may be aware, the CSO has previously indicated that it is carrying out a detailed analysis of certain issues raised by the Garda Inspectorate in relation to the recording, classification and reclassification of crime, to see whether and to what extent they may have implications for the crime statistics which that Office produces. This process is currently ongoing and the CSO has indicated that it has resulted in a delay in publishing the Quarter 3 statistics for 2014.

The CSO has also agreed to chair an expert panel to examine the Inspectorate's recommendations on crime statistics. The expert panel will review the crime counting and detection rules, as recommended by the Inspectorate, with a view to introducing new national standards. As well as including representatives of the Department and An Garda Síochána, the intention is that the panel will have outside experts with relevant expertise. Terms of Reference for this group are being finalised at present.

I can also advise the Deputy that, while this work is underway, the Garda authorities have put in place a number of immediate measures arising from the Inspectorate's recommendations in relation to the recording of crime. In particular, these include the establishment of a new Data Quality Team in the Garda Information Services Centre (GISC), as well as measures to strengthen PULSE governance arrangements. Work is also underway with respect to planning for the necessary investment in Garda technology to support the recording and management of crime information, and to bring outdated paper based practices into the 21st century.

Question No. 353 answered with Question No. 351.

Registration of Title

Questions (354)

Frank Feighan

Question:

354. Deputy Frank Feighan asked the Minister for Justice and Equality when an application for first registration which has been in progress since May 2014 will be expedited (details supplied). [5908/15]

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Written answers

I can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.

The Deputy will be aware of the service to T.D.s and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round.

I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.

Question No. 355 answered with Question No. 328.

International Agreements

Questions (356)

James Bannon

Question:

356. Deputy James Bannon asked the Minister for Justice and Equality if she will provide details of the memorandum of understanding or co-operation on information sharing arrangements, with regard to the criminal records of persons from other European Union countries and beyond; and if she will make a statement on the matter. [5926/15]

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Written answers

The European Criminal Records Information System (ECRIS) provides for the transmission of information on a conviction handed down against the national of another Member State by the Member State of conviction to the Member State of the person’s nationality and for transmission by the Member State of nationality to other Member States, on request, of information on national convictions registered in the national criminal record, information on convictions handed down in other Member States against its nationals, information on convictions handed down in third countries, subsequently transmitted to the Member State of nationality and entered in the national criminal record.

Prior to the establishment of ECRIS in 2012, information on convictions was exchanged through systems set up by the 1959 Council of Europe Convention on Mutual Assistance in Criminal Matters. These arrangements still apply to exchanges of information with Council of Europe states that are not part of the EU.

Subsidiary Protection Applications

Questions (357)

Bernard Durkan

Question:

357. 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 Kildare; and if she will make a statement on the matter. [5935/15]

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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. The position in this regard is in accordance with Section 19 of the Refugee Act 1996 (as amended) which provides for the protection of the identity of asylum applicants.

Protection applicants are issued with a temporary residence permission pending a final decision on their application.

Gambling Legislation

Questions (358)

Mattie McGrath

Question:

358. Deputy Mattie McGrath asked the Minister for Justice and Equality the licensing and regulatory framework initiatives being pursued by her Department to address the increasing incidences of gambling addiction; and if she will make a statement on the matter. [5941/15]

View answer

Written answers

The Deputy will be aware that the Government approved the General Scheme of the Gambling Control Bill in July 2013. The Scheme is available on my Department's website and is with the Office of the Parliamentary Counsel awaiting formal drafting. It is not possible as yet to indicate when the Bill is likely to be published.

This Bill will, upon enactment, replace all extant laws on gambling (with the exception of that governing the National Lottery). The new legislation will have consumer protection generally as one of its core principles, and it is envisaged that it will include several measures aimed at assisting and protecting vulnerable persons, the young and those for whom gambling has become a problem.

The Scheme, at Part 7, provides for a Fund to aid research, education and awareness activities and to support treatment programmes. The Fund will be based on contributions from the industry but the proposals will ensure independent supervision of its disbursement.

I am not aware of any specific national data or evidence, other than anecdotal evidence, that would support the Deputy's assertion about an increase in the numbers of persons presenting with gambling addiction problems. However, some limited scale research is this area is suggestive. I am not, therefore, in a position to comment on the matter. The scarcity of information on the scale and impacts of gambling underlines the need for measures such as the Fund I referred to above.

Question No. 359 answered with Question No. 328.

Haddington Road Agreement Review

Questions (360)

Niall Collins

Question:

360. Deputy Niall Collins asked the Minister for Justice and Equality the status of the commitment in the Haddington Road agreement to review the remuneration and conditions of service of An Garda Síochána; and if she will make a statement on the matter. [5948/15]

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Written answers

The review under the Haddington Road Agreement will make recommendations on the use by An Garda Síochána of the resources available to it, with the objective of achieving and maintaining the highest level of efficiency and effectiveness in its operations and administration.

The review encompasses all aspects of the operation and administration of An Garda Síochána.

The elements dealing with the remuneration and conditions of service of members of An Garda Síochána including an evaluation of annualised hours/shift pay arrangements and the appropriate structures and mechanism for the future resolution of matters relating to pay, industrial relations and attendant matters are being dealt with by Mr Ray McGee. Mr McGee was formerly the Deputy chair of the Labour Court.

The elements of the review dealing with the structure and organisation of the Garda Síochána and the deployment of members and civilian staff to relevant and appropriate roles are being undertaken by the Garda Inspectorate.

Work on both elements of the review is under way and will be completed as soon as possible.

Visa Applications

Questions (361)

Bernard Durkan

Question:

361. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of a visa appeal in the case of a person (details supplied); and if she will make a statement on the matter. [5965/15]

View answer

Written answers

The visa appeal referred to by the Deputy was submitted to the Irish Visa Office, Abu Dhabi on 29 December 2014. I have been advised by the Irish Naturalisation and Immigration Service of my Department that the appeal is currently being examined by the Appeals Officer and a decision is expected shortly.

Queries in relation to general matters may be made directly to INIS by email 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 email service except in cases where the response from INIS is, in the Deputy's view inadequate or too long awaited.

Leave to Remain

Questions (362)

Bernard Durkan

Question:

362. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in respect of leave to remain in the case of a person (details supplied) in County Kildare; if she will indicate the correct procedure to be followed in this case; and if she will make a statement on the matter. [5966/15]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application having been received for residency in the State arising from marriage to an Irish citizen in respect of the person concerned.

It is open to the person concerned to make a written application to the Spouse of Irish National Unit, Residence Division, INIS, 13-14 Burgh Quay, Dublin 2 seeking residency in the State arising from her marriage to an Irish national. Details of how to make the application can be found on the INIS website "www.inis.gov.ie" under Spouse of an Irish National.

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.

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