Written Questions Nos. 185 - 195
185. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected position in regard to residency-eligibility for naturalisation in the case of a person (details supplied) in Dublin 8; and if she will make a statement on the matter. [24418/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has been in the State without permission since 11th November, 2012. Consequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 28th April, 2014, that the Minister proposed to make a Deportation Order in respect of them. They were given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of submitting written representations setting out the reasons why they should not have a Deportation Order made against them.
Representations have been received on behalf of the person concerned. The position in the State of the person concerned will now be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be fully considered in advance of a final decision being made.
The Deputy should note that as the person concerned has no current right of residency in the State, the issue of naturalisation does not arise at this stage. 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.
186. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to residency-Stamp 4-eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [24420/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has had their permission to remain in the State renewed for a further two year period to 20th February, 2017. This decision was conveyed in writing to the person concerned by registered post dated 23rd February, 2015. This letter was returned marked "not called for"
The person concerned would appear to have changed address without notifying my Department. The person should now contact my Department in writing providing an up-to-date address.
I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that no application for a Certificate of Naturalisation has been received from the person concerned.
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.
187. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will set out the current and expected residency status, including eligibility to re-apply for naturalisation, in the case of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [24424/15]
View answerOfficials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of a current application for a certificate of naturalisation from the first person referred to in the Deputy's question, who currently has permission to remain in the State until 06 March 2016. A previous application for a certificate of naturalisation was refused for reasons provided to the person concerned in a letter issued on 30 April 2014.
It is open to any individual to lodge an application for citizenship 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.
An application for a certificate of naturalisation from the second named person, who currently has permission to reside in the State until 17 August 2016, is at an advanced stage of processing and will be submitted to me for decision in due course.
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.
188. Deputy Brendan Griffin asked the Minister for Justice and Equality if she will address a matter (details supplied) regarding penalty points; and if she will make a statement on the matter. [24437/15]
View answerI can inform the Deputy that the position is that S.I. No 5 of 1961 created the District Court Area of Dingle and in the Irish version An Daingean. Section 48 of the Environment (Miscellaneous Provisions) Act 2011 changed the Irish version of Dingle to Daingean UÍ Chúis.
Section 26 of the Courts of Justice Act 1953 as amended provides for assigning a name to or changing the name of any district court district or district court. This is a matter for the Courts Service which is independent in the exercise of its functions. I can inform the Deputy however that the Courts Service has indicated that it proposes to implement the changes arising from the 2011 Act by amending the Irish version of the relevant statutory instrument in the near future.
189. Deputy Gabrielle McFadden asked the Minister for Justice and Equality if some of the new cohort of recruits due to leave Templemore College in County Tipperary in the next few weeks will be attached to Garda stations in Counties Longford and Westmeath; and if she will make a statement on the matter. [24451/15]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, including the new recruits, 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 Roscommon/Longford Garda Division and Westmeath Garda Division as of 30 April 2015, the latest date for which figures are available has a total strength of 284 and 242 respectively. There are also 13 and 24 Garda Reserves and 24 and 21 Civilians attached to the two Divisions respectively.
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 brought 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. 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. The September 2014 intake were attested as members of the Garda Síochána in April 2015 and were assigned to Garda Stations throughout the country. The December intake will attest in July 2015.
On attestation, new Probationer Gardaí are assigned to Garda stations throughout the country by the Garda Commissioner and the needs of all Garda Divisions will be fully considered. The allocation of Garda personnel is determined by a number of factors including population, crime trends and the policing needs of each individual Division. These matters will be considered, in conjunction with the training needs of the Probationer Gardaí, when allocating these new Gardaí.
190. Deputy Finian McGrath asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding previous parliamentary questions; and if she will make a statement on the matter. [24466/15]
View answerI wish to refer the Deputy to the response to his parliamentary question on this matter of 18 September 2013, in which the then Minister informed the Deputy that the Garda authorities had advised that the investigation into the criminal complaint referred to formed part of a Garda investigation into a number of alleged incidents at a particular educational institution. The response further indicated that the parents of the person referred to were informed of the outcome of the investigation insofar as it related to their child, and that the Department of Justice and Equality had no information concerning medical records referred to by the Deputy. I have queried with the Garda authorities as to whether there is any further relevant update and will contact the Deputy again.
191. Deputy Clare Daly asked the Minister for Justice and Equality her views on the implications and impact of returning children to another country within the European Union under the Hague Convention, where the child involved has informed the appropriate authorities within the State of abuse by a parent in the other country, and where it was not acted upon in that country, and the implications and guarantees for an Irish citizen whose child is involved. [24476/15]
View answerThe taking of a child from his or her habitual residence without appropriate permission is dealt with through international and EU law. The 1980 Hague Convention on the Civil Aspects of International Child Abduction provides for the return of children who have been removed from one contracting state to another - usually by a parent against the wishes of the other parent. The European Council Regulation (2201/2003) reflects the Convention as regards EU countries and enhances the provisions of the 1980 Convention. As the Deputy knows there are provisions under the Convention which are reflected in the EU Regulation and provides for the non return of a child. Under Article 13 of the 1980 Hague Convention, the Court is not bound to order the return of a child to the other jurisdiction in some circumstances, e.g. where the Court decides there is a grave risk that the child's return would expose him or her to physical or psychological harm or otherwise place that child in an intolerable situation.
A decision in relation to whether a child is returned to their habitual residence is thus a matter for the relevant judicial authority in the jurisdiction in which the child is now living and an appeal process is available when the court issues its decision in such cases.
192. Deputy Clare Daly asked the Minister for Justice and Equality her views on the Brussels II Regulation which expressly allows for children not to be returned if the investigations have not been accurate or complete with this State. [24478/15]
View answerDecisions to return a child under the 1980 Hague Convention on the Civil Aspects of International Child Abduction and, within the EU, the Brussels II Regulation are matters for the relevant judicial authority in the jurisdiction where the child has been taken to. It is a matter for such judicial authorities to consider whether or not to return a child to Ireland given the specific circumstances. The Regulation reflects and enhances the provisions of Article 13 of the 1980 Convention which provides that a non return order may arise where a Court decides that there is a grave risk that the child's return would expose the child to physical or psychological harm or otherwise place that child in an intolerable situation. When a decision is taken not to return a child, such decisions may be appealed and the Regulation sets out a procedure to be followed in that regard.
The Central Authority for International Child Abduction which is part of my Department is, under the Regulation, the authority which deals with communications with equivalent central authorities in foreign jurisdictions, including communications in relation to non-return matters, and notifies the Irish High Court, in accordance with the Regulation, where a foreign court has declined to return a child to Ireland.
The Minister has no role in the judicial systems in this or other countries party to the 1980 Convention and Brussels II Regulation.
193. Deputy Clare Daly asked the Minister for Justice and Equality her plans to review current legislation to ensure that in all cases affecting them, appropriate procedures and structures are in place to ensure that the children in question are facilitated in having their opinions recorded and considered; and if she will make a statement on the matter. [24479/15]
View answerThe Guardianship of Infants Act 1964 as it stands already mandates a court, as it thinks appropriate and practicable having regard to the age and understanding of a child, to take the child's wishes into account in proceedings related to guardianship and custody or access to the child, or otherwise in relation to the child's upbringing.
Once the relevant parts of the Children and Family Relationship Act 2015 have been commenced, the court's powers will be further enhanced by allowing, where necessary, to appoint an expert to convey the child's views on these matters to the court. As the Deputy is aware, the Child Care Act 1991 provides for the appointment of a Guardian ad Litem, inter alia, to ascertain the child's views in proceedings under that Act.
194. Deputy Billy Kelleher asked the Minister for Children and Youth Affairs the reason the State is failing to accommodate special needs children in preschool year with a special needs assistant, resulting in special needs children not being able to avail of the free preschool year; and if he will make a statement on the matter. [24332/15]
View answerThere are a number of measures currently in place in my Department to ensure that the free pre-school year is more accessible to children with special needs. These include an exemption from the upper age limit where a child would benefit from starting primary school at a later age. In addition, children with special needs can apply to have the pre-school year split over two years on a pro-rata basis, for example availing of the programme for 2 days a week in the first year and for 3 days a week in the second year.
On the specific issue raised by the Deputy, the Department of Health has informed my Department that while the Health Service Executive has no statutory obligation to provide assistant supports for children with special needs wishing to avail of the free pre-school year, it does work at local level and in partnership with the relevant disability service providers to address individual needs as they arise. This is done, for example, by funding special pre-schools that cater specifically for children with disabilities. In some limited cases at local level, disability services have also facilitated children with disabilities in some instances to attend mainstream pre-schools by providing assistant supports where possible and subject to resources. The provision of such pre-school assistant supports should not be confused with Special Needs Assistants who are funded by the Department of Education and Skills to support children with special educational needs in primary and post-primary school settings.
Improving access to the pre-school year for children with special needs is a priority for my Department.
The intersectoral work done under the chairmanship of the Office of the Minister for Disability and Mental Health and through the Cross Sectoral Team on children’s disability issues agreed that the best approach to meeting the needs of children with a disability of pre-school age was through mainstream pre-school services, but no agreement was reached on what the model of provision would be, or, who would lead out on developing this.
The Secretary General of my Department has recently agreed with his counterparts in the Departments of Health and Education and Skills that my Department will seek to gain agreement, in a relatively short time-frame, between the three sectors (children, education, health) on the most appropriate, workable model for supports to pre-school children with special needs. This will be followed by very close co-operation between the sectors in defining/developing the model and in making an agreed cross-departmentally supported proposal for the resources required to implement it. The team will use information from recent consultations with parents and providers to inform their work and will conduct further consultation as the tight time-frame allows.
There will be several challenges to agreeing an appropriate and workable model – including reviewing existing resources in the system to determine how they can best meet children’s’ needs, and accessing the additional investment needed. My Department has committed to leading this process and it is my intention that a proposal will be available in time for the Estimates process.
195. Deputy Michael Fitzmaurice asked the Minister for Children and Youth Affairs in respect of persons (details supplied) in County Leitrim, the reason they have not yet received an adoption registration fee refund which should have been paid to them in February 2015; and if he will make a statement on the matter. [24310/15]
View answerThe Adoption registration fees for which the Deputy supplied details were paid as part of an agreement between an accredited adoption agency and its clients. My Department was not party to this agreement and therefore has no legal responsibility for repayment of these fees.
However, I have been made aware of this issue. My Department has met with the agency in question and the Adoption Authority of Ireland, who has statutory responsibility for the accreditation of these agencies, to see how this issue can be resolved.
The matter is currently under active consideration within my Department.
