Written Answers Nos. 160-69
160. Deputy Billy Kelleher asked the Minister for Justice and Equality if the Children and Family Relationships Bill will change the current arrangements for step-parent adoption, for example, where at present the only way a woman's second spouse can adopt her child is by her relinquishing her parental rights and the couple then adopting the child together; and if she will make a statement on the matter. [6577/15]
View answer161. Deputy Billy Kelleher asked the Minister for Justice and Equality if the Children and Family Relationships Bill will provide effect to the recommendation by the Special Rapporteur on Child Protection for a simpler procedure for step-parent adoptions, whereby a step-parent could adopt the child without terminating the rights of existing parents, as permitted in France and Austria; and if she will make a statement on the matter. [6578/15]
View answerI propose to take Questions Nos. 160 and 161 together.
The Children and Family Relationships Bill will not change the current arrangements for step-parent adoption. I understand that the Minister for Children and Youth Affairs plans to bring forward legislative proposals in this regard separately.
It is intended that the Children and Family Relationships Bill will have a provision to enable civil partners and cohabiting couples who have lived together for three years to be eligible to adopt jointly.
162. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to residency status in the case of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [6580/15]
View answerI am advised by the Irish Naturalisation and Immigration Service of my Department (INIS) that the person concerned entered the State on 27th February 2004 and applied for asylum on 1st March 2004.
The asylum application was refused by the Office of the Refugee Applications Commissioner in May 2005, and the decision was upheld by the Refugee Appeals Tribunal in October 2005. In accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 29th December 2005, that it was proposed to make a Deportation Order in respect of them. They were given the options of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations setting out the reasons why a Deportation Order should not be made against them.
On the 5th February 2008 the person was informed they could make an application for Subsidiary Protection. Following consideration of the application, it was refused in February 2011. Having then considered the representations made by the person concerned a Deportation order was issued on 16th March 2011. Judicial Review proceedings were instituted on 8th July 2011 challenging the Deportation Order made in respect of them and the refusal of Subsidiary Protection and accordingly, as the matter is sub judice, I do not propose to comment further.
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.
163. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a review of the decision to deport will be undertaken in the case of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [6581/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order and therefore has no entitlement to residency in the State.
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 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 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 e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or to long awaited.
164. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status in the case of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [6584/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order and therefore has no entitlement to residency in the State.
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 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 e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or to long awaited.
165. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if family reunification in respect of their brother will be approved in the case of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [6585/15]
View answerI am advised by the Irish Naturalisation and Immigration Service of my Department that there is no current application for family reunification in respect of the person referred to by the Deputy.
It is open to the person concerned to make an application for a visa at any time. Guidelines regarding the visa application procedures are available on the website of the Irish Naturalisation and Immigration Service at www.inis.gov.ie.
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.
166. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to residency status in the case of a person (details supplied) County Kildare; and if she will make a statement on the matter. [6586/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for residency in the State arising from marriage to an Irish national was received from the person concerned on 3 November 2014. Applications of this kind, in fairness to all other such applicants, are dealt with in chronological order and currently take 6 to 9 months to process. It should be noted that marriage to an Irish national does not confer an automatic right of residence in the State.
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.
167. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a further application for naturalisation will be accepted in the case of a person (details supplied) in County Kildare who has discharged any and all fines imposed, arising from road traffic offences; and if she will make a statement on the matter. [6591/15]
View answerI refer the Deputy to Parliamentary Question No. 123 of Thursday, 4th December 2014. The position remains as stated.
Reply to Parliamentary Question No. 123 of Thursday, 4th December 2014.
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 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.
168. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs the position regarding child care; if, in recognition of increasing education regulation and standards, a strategy will be put in place for an examination of increasing pay scales and progression; and if he will make a statement on the matter. [6396/15]
View answerChildcare services in this country are provided by private commercial or community childcare providers. To support parents who are accessing childcare services through these services, my Department allocates funding in the region of €260 million annually to provide for the implementation of a number of childcare support programmes. The support programmes enable more than 100,000 to avail of quality childcare and education services each year.
There is currently a focus on improving the quality of early childhood care and education services and a number of reforms are being introduced by my Department under the Early Years Quality Agenda. These reforms include a requirement for all staff working directly with children to hold minimum childcare qualifications. Funding totalling €3 million is made available in 2014/2015 to support childcare staff who are seeking to meet the new qualification requirements.
I am aware of the concerns of childcare professionals in relation to levels of remuneration in the childcare sector. I acknowledge the commitment of childcare staff to the provision of childcare services and I have indicated that when resources become available I would welcome further investment in the sector. I have met and will be meeting again the representatives of childcare providers to discuss a range of issues relating to childcare provision and I will give careful consideration to their views on future investment in the sector.
To ensure that all the benefits of childcare investments are fully realised, future public investment in childcare must be evidence-based and strategically coordinated. I am establishing a cross-Departmental group to look at the provision right across the 0 to 6 age group as well as to consider the after-school needs of older school-going children. It is crucial that we develop a coherent whole-of-Government approach to investment in childcare services. This new group will include representatives of the Departments of Education and Skills, Social Protection, Jobs, Enterprise and Innovation, Public Expenditure and Reform, Finance and the Department of the Taoiseach and will be led and supported by my Department.
169. Deputy Colm Keaveney asked the Minister for Children and Youth Affairs if he will consider flying the Amber Flag from his Department buildings, on a chosen day, in order to raise awareness of the Amber Flag programme, which works to raise awareness of mental health issues within second level schools, sports clubs and youth organisations; and if he will make a statement on the matter. [6425/15]
View answerOur flag policy is to operate in accordance with guidance issued from the Department of the Taoiseach.
