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Thursday, 5 Mar 2015

Written Answers Nos. 150-159

Garda Transport Provision

Questions (150)

Niall Collins

Question:

150. Deputy Niall Collins asked the Minister for Justice and Equality if her attention has been drawn to the concern of members of An Garda Síochána in County Donegal regarding the lack of public order vehicles; her plans to increase the number of Garda public order vehicles; and if she will make a statement on the matter. [9755/15]

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Written answers

Decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources. The responsibility for the efficient deployment of all official Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between Stations as required by operational circumstances.

In that context, I am informed by the Garda Authorities that there are currently eleven Garda vans, three of which are public order vehicles, allocated to the Donegal Division. I am further informed that in late 2014, An Garda Síochána took delivery of 25 new vans. Four of these new vans, two of which are public order vehicles, have been allocated to the Northern region. These vehicles will be deployed in line with operational requirements following fit-out.

The Deputy will be aware that I recently secured a further €10 million for investment in the Garda fleet of which €7 million was made available towards the end of last year, bringing total investment in the Garda fleet to €11 million in 2014 . The remaining €3 million is being made available for the purchase and fit out of additional Garda vehicles during 2015.

Prison Staff

Questions (151)

Denis Naughten

Question:

151. Deputy Denis Naughten asked the Minister for Justice and Equality if she will intervene to avert threatened strike action by prison officers regarding safety concerns; and if she will make a statement on the matter. [9756/15]

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Written answers

I can assure the Deputy that I am kept fully informed on issues arising in the Prison Service including the current ballot of members by the Prison Officers' Association by the Director General and his senior management team.

Over the last 4 years, significant reform has been implemented in the Prison Service which has been achieved through constructive engagement and consultation with the Prison Officers' Association. It is important that we continue to build on this success to ensure that we maintain a modern prison service which is fit for purpose and operates in the most effective and efficient way possible while providing a safe environment for staff to work in.

Unfortunately, a number of implementation issues have arisen in respect of the Croke Park and Haddington Road agreements in recent months. The Deputy can be assured that Prison Service management has at all times continued to engage with the Prison Officers' Association on these issues through the well established mechanisms contained within those agreements, which provide a framework for parties to address and resolve issues of implementation as they arise, including extensive discussions under the chairmanship of the Labour Relations Commission.

I am continuing to keep in touch with the Director General and his management team. I have also been in contact with the General Secretary of the Prison Officers' Association in which I reaffirmed the Prison Service's commitment to engaging with the Association.

Immigration Policy

Questions (152)

Bernard Durkan

Question:

152. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the options open to regularise their residency in the case of persons (details supplied) in Dublin 7; and if she will make a statement on the matter. [9773/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the first person referred to by the Minister arrived in the State on 3 October 2007 and was granted temporary immigration permission on Stamp 2 (student) Conditions. Their immigration permission expired on 9 July 2014 and they have remained in the State without immigration permission since that date. I understand that this person was informed by officials in INIS, in February 2015, that their application for an extension of student permission was refused and was advised that, unless they could secure alternative immigration, they were required to leave the State.

The second person referred to by the Deputy entered the State on 21 September 2009 and was granted temporary immigration permission to remain in the State on Stamp 2 (student) Conditions. Their immigration permission expired on 17 October 2012 and they have remained in the State without immigration permission since that date. The second person referred to by the Deputy has remained unlawfully in the State since and was also advised by my officials in February 2015, that their application for an extension of student permission was refused. The second person mentioned was advised that, unless they could secure alternative immigration, they were required to leave 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.

Naturalisation Applications

Questions (153)

Bernard Durkan

Question:

153. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an update of Stamp 4 and an application for naturalisation in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [9774/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted temporary permission to remain in the State on 24th August, 1999 under the arrangements then in place for the non-EEA national parents of Irish born citizen children. This permission was renewed on an ongoing basis by the local Immigration Registration Office and is currently valid to 12th March, 2015. It will be open to the person concerned to attend at their local Immigration Registration Office with a view to having their permission to remain renewed for a further period.

I am also advised that a valid application for a Certificate of Naturalisation has been received from the person concerned. This application will be processed with a view to establishing whether the person concerned meets the statutory conditions for the granting of a Certificate of Naturalisation in areas such as good character and lawful residence. Once the necessary preparatory work has been completed, the file will be submitted to me for decision.

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.

Passport Controls

Questions (154)

Bernard Durkan

Question:

154. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when the passport of a person (details supplied) in County Louth, retained at immigration in Dublin Airport, might be returned to that person and-or a letter of authorisation issued to facilitate that person in returning to their family here following a visit on compassionate grounds; if an application for naturalisation has been accepted in this person's case, in view of the fact that the person has resided in this jurisdiction for more than 12 years; and if she will make a statement on the matter. [9775/15]

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Written answers

I refer the Deputy to the replies given to his previous questions (No. 183 of 23rd January 2014 and No. 143 of 15th January 2014) which set out the position in relation to this person.

It would appear that the person has remained in the State since 5th December, 2012 without the permission of the Minister and, therefore, unlawfully.

I am advised that the passport of the person referred to by the Deputy is in the possession of the Garda National Immigration Bureau (GNIB) since 20th November, 2012 when the person was landed at Dublin airport and given permission to be in the State until 5th December, 2012. The person concerned was given instructions at the time regarding the return of her passport but did not comply with them.

As previously advised to the Deputy, the person concerned may obtain her passport by contacting a supervisor at the GNIB Registration Office, 13-14, Burgh Quay, Dublin 2.

Naturalisation Applications

Questions (155)

Bernard Durkan

Question:

155. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if in the context of application for naturalisation in the case of a person (details supplied) in Dublin 24, arising from letter dated 1 October 2014 to the applicant, it is expected to seek clarification from the court as to the reason the judge struck out the cases listed; if this will have negative consequences for the applicant; and if she will make a statement on the matter. [9777/15]

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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.

The application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence. A letter was issued to the person concerned on 1 October 2014 and re-issued on 25 February 2015 requesting information in relation to certain traffic offences that were struck out on appeal. It is expected that the applicant would be in a position to provide the requested information without seeking clarification from the court. Upon receipt of the requested information the case will be processed further and will be submitted to me for decision as expeditiously as possible.

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. 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.

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.

Residency Permits

Questions (156)

Bernard Durkan

Question:

156. 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 1; and if she will make a statement on the matter. [9778/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has been granted Leave to Remain in the State for the period to 17 April 2016. This decision was conveyed in writing to the person concerned by letter dated 29 April 2014.

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.

Subsidiary Protection Applications

Questions (157)

Bernard Durkan

Question:

157. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [9781/15]

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Written answers

If 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. 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.

Naturalisation Applications

Questions (158)

Bernard Durkan

Question:

158. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which progress has been made to accommodate her efforts to regularise the position of a person to achieve naturalisation in the case of a person (details supplied) in County Longford who has lived in this jurisdiction for more than 12 years; and if she will make a statement on the matter. [9782/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 11th March, 2005. The person concerned has been evading deportation since 19th May, 2005 and, as such, is liable to arrest and detention for the purposes of having the Deportation Order enforced. The person concerned should, therefore, 'present' to the Garda National Immigration Bureau without further delay.

Representations were received on behalf of the person concerned from the Deputy, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended), to have their 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 meantime, 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 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.

Subsidiary Protection Applications

Questions (159)

Bernard Durkan

Question:

159. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in County Monaghan; and if she will make a statement on the matter. [9784/15]

View answer

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.

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