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Thursday, 23 Apr 2015

Written Answers Nos. 120-7

Deportation Orders Re-examination

Questions (120)

Bernard Durkan

Question:

120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status and eligibility for naturalisation or long-term residency in the case of a person (details supplied) in Dublin 24, who has resided in this jurisdiction for the past 12 years and has reported to the local Garda station throughout; and if she will make a statement on the matter. [16151/15]

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Written answers

I wish to inform the Deputy that the person referred to has no entitlement to residency.

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made following a comprehensive and thorough examination of their asylum claim and a detailed examination of the representations they submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).

Representations were received from the person's legal representative pursuant to Section 17 (7) of the Refugee Act 1996 (as amended). This application is under consideration at present. In the mean-time, the Deportation Order remains 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 too long awaited.

Deportation Orders Re-examination

Questions (121)

Bernard Durkan

Question:

121. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in the case of a person (details supplied) in Dublin 1 who was not in a position to reply to a letter to that person's legal advisers, as the person did not receive same until 15 February 2015; if any extension of time can be granted to facilitate reply to the information; and if she will make a statement on the matter. [16153/15]

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Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 12 November 2008. The person concerned has been evading deportation since 2 December 2008.

Representations were received from the person's legal representative, pursuant to Section 3(11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. 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.

The person concerned is advised to present to the Garda National Immigration Bureau as soon as possible. The contents and subject matter of the letter concerned should be discussed with their legal representative.

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.

Naturalisation Applications

Questions (122)

Bernard Durkan

Question:

122. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status and eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16155/15]

View answer

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, who currently has permission to reside in the State until 30 November, 2019.

The application is currently 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, and 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.

Court Judgments

Questions (123)

Lucinda Creighton

Question:

123. Deputy Lucinda Creighton asked the Minister for Justice and Equality if she has sought a report from the Garda Commissioner asking for an assessment of the impact the recent Supreme Court decision in Director of Public Prosecutions v. J.C. 2015 may have on future criminal investigations; her views on the decision; and if she will make a statement on the matter. [16169/15]

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Written answers

While my Department and the Garda authorities maintain contact about criminal law issues, the question of seeking a report from the Garda Commissioner of the kind mentioned by the Deputy does not arise. The Deputy will appreciate that An Garda Síochána carry out criminal investigations independently and in accordance with the law, which has now been clarified in this particular area by the Supreme Court. I welcome that clarification but the Deputy will appreciate that it would not be normal practice for a Minister for Justice and Equality to comment in detail on Court judgments.

Garda Deployment

Questions (124)

Fergus O'Dowd

Question:

124. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the number and rank of members of An Garda Síochána presently based in Blackrock, County Louth; her plans to reduce the present number of gardaí from one sergeant and four gardaí to one sergeant and one garda, despite a huge increase in the population based there; her views on the letter (details supplied) received from Blackrock Tidy Towns expressing its deep concerns; if the local superintendent will meet with a deputation from the residents; and if she will make a statement on the matter. [16171/15]

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Written answers

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 been informed by the Garda Commissioner that the personnel strength of Louth Garda Division as of 28 February 2015, the latest date for which figures are readily available, was 279 of which there were 3 Garda and 1 Garda Sergeant assigned to Blackrock Garda Station. There are also 46 Garda Reserves and 22 civilians attached to the Louth Garda Division.

The first intake since 2009 of 100 new recruits entered training at the Garda College, Templemore, on 15 September 2014. As part of Budget 2015, a further intake of 200 recruits in two batches was announced. On 15 December 2014, the first 100 of these batches commenced their training. The remaining 100 entered the college in early February. This will bring to 300 the number of recruits in the Garda College and is a measure of the Government's commitment to ensure that recruitment to An Garda Síochána continues seamlessly. The September intake will attest as members of the Garda Síochána in May 2015 and the December intake will attest in August 2015. In addition, I have received sanction from the Minister for Public Expenditure and Reform for two further intakes of 125 Garda recruits later this year. On attestation they will be assigned to Garda stations throughout the country by the Garda Commissioner and the needs of Louth Garda Division will be fully considered.

I understand that the Superintendent in Dundalk has no difficulty meeting with a deputation from the residents of Blackrock.

Question No. 125 answered with Question No. 111.

Legislative Measures

Questions (126)

Shane Ross

Question:

126. Deputy Shane Ross asked the Minister for Children and Youth Affairs his plans to address the situation faced by foster parents of adult children whom they wish to adopt, but who are prohibited from doing so by the lack of legislation; his plans to introduce the necessary legislation; and if he will make a statement on the matter. [16078/15]

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Written answers

The Adoption Act 2010 provides the legal basis for the adoption of children. This Act defines a child as 'any person who is under the age of 18 years'. I have no plans at present to amend the legislation to provide for the adoption of adults.

Preschool Services

Questions (127)

Seán Kyne

Question:

127. Deputy Seán Kyne asked the Minister for Children and Youth Affairs the position in relation to the free preschool year (details supplied), and his view on concerns regarding the current criteria; and if he will make a statement on the matter. [16107/15]

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Written answers

Children qualify for the free preschool provision when they are within the qualifying age range, which is between three years and three months to four years and seven months in the September of the relevant year. Therefore, children born between 2 February 2011 and 30 June 2012 qualify for the free preschool year in the school year commencing in September 2015. The child in question, who was born in July 2012, qualifies for the free preschool year in the school year commencing in September 2016. There is no provision under the programme to enrol a child who is below the qualifying age.

The objective of the ECCE programme is to make early learning in a formal setting available to eligible children before they commence primary school. To achieve this, services participating in the preschool year are expected to provide age-appropriate activities and programmes to children within a particular age cohort. For this reason, it is appropriate to set minimum and maximum limits to the age range within which children will qualify. I am satisfied that the qualifying age range for entry to the programme provides the optimum opportunity for children to participate in preschool education and there are no plans to amend the age range at this time.

Situations will arise where children qualifying for the free preschool provision are also eligible to commence primary school, and in such situations it is a matter for parents to decide on which option they wish to avail of.

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