Written Answers Nos. 125 - 135
125. Deputy Brendan Griffin asked the Minister for Justice and Equality if she will discuss with An Garda Síochána the possibility of establishing an avenue to deal with information forthcoming in the cases of persons who disappeared during the 1916 to 1923 Troubles; and if she will make a statement on the matter. [19014/15]
View answerOver the course of the War of Independence and the Civil War it is acknowledged that there were cases in which people were killed and whose remains may lie in unidentified locations. Of course, this was one of the very unfortunate outcomes of a turbulent period of conflict in the State's history. While these are historical issues at this stage, the normal avenues for reporting to An Garda Síochána are the appropriate means to address the issue of any credible information relating to the whereabouts of such remains.
126. Deputy Brendan Griffin asked the Minister for Justice and Equality the position regarding the post-release electronic tagging of sex offenders; and if she will make a statement on the matter. [19018/15]
View answerAt present there is no provision in the Sex Offenders Act, 2001 for the electronic tagging of sex offenders. Provisions have been included in the General Scheme of the new Criminal Law (Sexual Offences) Bill, which will amend the Sex Offenders Act, to allow for the electronic tagging of sex offenders in certain circumstances. The Bill is scheduled for publication during the current parliamentary session.
127. Deputy Róisín Shortall asked the Minister for Justice and Equality further to Parliamentary Question No. 208 of 28 April 2015, if she will request An Garda Síochána to carry out test purchases in respect of distance sales of alcohol, in order to ensure greater enforcement of the law relating to the prohibition of cash-on-delivery sales of alcohol products. [19046/15]
View answer143. Deputy Róisín Shortall asked the Minister for Justice and Equality if she will provide details on the number of prosecutions under section 17(3) of the Intoxicating Liquor Act 2003, in respect of distance sales of alcohol, in each of the past ten years. [19109/15]
View answerI propose to take Questions Nos. 127 and 143 together.
Section 14 of the Intoxicating Liquor Act, 2008 makes provision for the test purchasing of alcohol products. The primary objective of the scheme, which entered into force on 1 October 2010, is to enable An Garda Síochána to target those licensed premises which are suspected of engaging in illegal sales of alcohol to young people.
The Deputy will appreciate that it is a matter for the Garda authorities to decide the particular operational measures which may be put in place in relation to the Intoxicating Liquor Acts or indeed any legislation which confers an enforcement role on An Garda Síochána. I have however, brought the Deputy's concerns in relation to distance sales of alcohol to the attention of the Garda authorities. As the Deputy will be aware Gardaí have made significant use of the existing provisions in relation to test purchasing and I am advised that between 2010 and 2014 in excess of 1,500 such purchases were made.
In my reply of 28 April, referred to by the Deputy, I set out the legislative position in relation to distance sales and my intentions in relation to the Sale of Alcohol Bill.
With regard to the number of prosecutions under section 17(3) of the Intoxicating Liquor Act 2003, the Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide the available statistics directly to the Deputy.
128. Deputy Jack Wall asked the Minister for Justice and Equality the reason registered marriages and divorces, involving an Irish citizen, are not recognised in regard to the Irish citizen seeking to determine social welfare and taxation payments; the status of an Irish citizen (details supplied) in County Kildare in regard to that person's remarriage in England; and if she will make a statement on the matter. [19056/15]
View answerRecognition in Ireland of foreign divorces on the date concerned is governed by the Domicile and Recognition of Foreign Divorces Act 1986. If a divorce is not entitled to recognition in the State under the terms of that Act, a subsequent remarriage of one of the spouses would also not be entitled to recognition in the State. The citizen concerned should take legal advice on whether the divorce is entitled to recognition in the State.
129. Deputy Michael McCarthy asked the Minister for Justice and Equality the position regarding the review of firearms legislation; and if she will make a statement on the matter. [19058/15]
View answerIn light of public safety concerns highlighted by An Garda Síochána, a joint Department of Justice and Equality/An Garda Síochána Working Group was established by the Department of Justice and Equality to review firearms licensing. The report of this Working Group was published on 13 November 2014 and submissions on the report were sought from stakeholders and the public by 31 January 2015. The consultation process gave individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation.
The Oireachtas Committee on Justice, Defence and Equality also sought submissions and held hearings with interested parties in relation to the Working Party report and published an interim report on the matter.
As part of the process of consultation I gave a commitment that I would not make any decisions until I had met the key stakeholders, including the organisations who represent those who use firearms for sporting purposes. I had a useful meeting with the key stakeholders on 29 April 2015 and consideration of the issues involved is continuing.
130. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in order to regularise the position in regard to residency in the case of a non-European Union national who has worked and paid taxes here for the past ten years, has never been in receipt of a social welfare payment, has a child with special needs, and is anxious to regularise their position in regard to residency; and if she will make a statement on the matter. [19076/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS of my Department) that if the person referred to wishes to regularise their illegal status in the State they should be advised to make an application to INIS making a full disclosure of their circumstances in the State where a decision will then be made on the merits of their case.
131. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in order to regularise a person's residency in the case of a non-European Union national, who has lived and worked here and paid their taxes for more than eight years, and is anxious to regularise residency status in respect of their own and their family's case; and if she will make a statement on the matter. [19077/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS of my Department) that if the person referred to wishes to regularise their illegal status in the State they should be advised to make an application to INIS making a full disclosure of their circumstances in the State where a decision will then be made on the merits of their case.
132. 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 Dublin 22; the extent to which court proceedings have been concluded or are ongoing; and if she will make a statement on the matter. [19078/15]
View answerIf 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.
133. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to the determination of residency status in the case of a person (details supplied) in Dublin 22, in view of the fact that the person concerned is not in possession of a current national passport, has been unable to renew an out-of-date Cameroon passport, and has not been able to obtain a new passport; and if she will make a statement on the matter. [19080/15]
View answerI refer the Deputy to my reply to Parliamentary Question No.118 of 23 April 2015 which stated that the person in question has been granted residence permission in the State based on their parentage of an Irish citizen child. This decision was conveyed in writing to the person in question by letter dated 01 April, 2015.
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question has been contacted in writing by letter dated 22 April, 2015 in relation to the issues raised by the Deputy, to which a response is awaited. Once the person concerned provides a response to INIS the matter may be considered 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.
134. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to an application for naturalisation in the case of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [19082/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) that an 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 issued to the person concerned on 25 February 2015 requesting certain information and a reminder issued on 5 May 2015. Upon receipt of the requested information, or in the event that the person concerned does not respond, the case will be submitted to me for decision in due course.
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.
135. 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. [19083/15]
View answerIf 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.
Protection applicants are issued with a temporary residence permission pending a final decision on their application.
