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Thursday, 2 Jul 2015

Written Answers Nos. 132-142

Immigration Status

Questions (132)

Bernard Durkan

Question:

132. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to regularise the residency status of a person (details supplied) in County Clare who has been employed without residency status in this jurisdiction for several years; the means by which provision may be made to regularise this person's position; and if she will make a statement on the matter. [26855/15]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question is not registered on the Registration of non nationals operated by the Garda National Immigration Bureau and it would therefore seem that this person is present in the State without immigration permission. This is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-Irish national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non-Irish national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.

It would seem that this person failed to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non nationals in respect of registration and in particular to the requirements of Section 9(2)(b) of the Act of 2004.

A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence is liable under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.

The person in question should now present himself to his local Garda Station.

Queries in relation to the status of or advice on 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 INIS is, in the Deputy's view, inadequate or too long awaited.

Immigration Status

Questions (133)

Bernard Durkan

Question:

133. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the steps to be followed in the context of regularisation of residency in the case of a person (details supplied) in County Clare; and if she will make a statement on the matter. [26857/15]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question does not appear to be registered with the Garda National Immigration Bureau and it would therefore seem that this person is in the State without immigration permission. This is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-Irish national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non-Irish national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.

It would seem that this person failed to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non nationals in respect of registration and in particular to the requirements of Section 9(2)(b) of the Act of 2004.

A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence is liable under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.

The person in question should now present himself to his local Garda Station.

Queries in relation to the status of or advice on 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 INIS is, in the Deputy's view, inadequate or too long awaited.

Naturalisation Applications

Questions (134)

Bernard Durkan

Question:

134. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to long-term residency and eligibility for naturalisation in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [26859/15]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an 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 4 July 2015.

The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of a certificate 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.

Deportation Orders Re-examination

Questions (135)

Bernard Durkan

Question:

135. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration will be given to setting aside a deportation order in the case of persons (details supplied) in Dublin 22 who have established permanent commitments in this jurisdiction and who have lived here since 2008; and if she will make a statement on the matter. [26860/15]

View answer

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 that was signed on 2 July 2012 and the applicant was notified by letter dated 6 July 2012.

The person concerned began Judicial Review proceedings on 26 July 2012 seeking to quash the Deportation Order made against the applicant. As the foregoing matters are sub judice, I am precluded from commenting further.

Queries in relation to the status of individual immigration cases may be made directly to INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The 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 in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.

Naturalisation Applications

Questions (136)

Bernard Durkan

Question:

136. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to determining an application for naturalisation in the case of a person (details supplied) in County Cavan; and if she will make a statement on the matter. [26862/15]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for a certificate of naturalisation from the person referred to by the Deputy 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.

As the Deputy will appreciate, 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 it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

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.

Naturalisation Applications

Questions (137)

Bernard Durkan

Question:

137. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determining an application for naturalisation in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [26867/15]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of an application for a certificate of naturalisation from the person referred to by the Deputy is well advanced and the applicant will be informed of my decision in due course.

As the Deputy will appreciate, 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 it is important that appropriate procedures are in place to preserve the integrity of the process.

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.

Deportation Orders

Questions (138)

Bernard Durkan

Question:

138. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regularising the residency status of a person (details supplied) in County Clare; and if she will make a statement on the matter. [26871/15]

View answer

Written answers

I am informed 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.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State.

The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

Representations were received from the person concerned 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.

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 (139)

Bernard Durkan

Question:

139. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in determining the naturalisation of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [26872/15]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation has been received from the person referred to by the Deputy. Further information was requested from the applicant and a response has been received. Processing of the application is ongoing and the case will be submitted to me for decision as expeditiously as possible.

As the Deputy will appreciate, 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 it is important that appropriate procedures are in place to preserve the integrity of the process.

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.

HIQA Reports

Questions (140, 143, 144, 145, 146)

Fergus O'Dowd

Question:

140. Deputy Fergus O'Dowd asked the Minister for Children and Youth Affairs if he will respond to the Health Information and Quality Authority report, Louth Meath Child Protection and Welfare Inspection Report. [26689/15]

View answer

Fergus O'Dowd

Question:

143. Deputy Fergus O'Dowd asked the Minister for Children and Youth Affairs the number of children on the Tusla – Child and Family Agency waiting list for 2014; the finding in the report that there were inadequate and unsafe systems in place to review, monitor and manage waiting lists across the service, to date, in the Louth-Meath area; and if he will make a statement on the matter. [26758/15]

View answer

Fergus O'Dowd

Question:

144. Deputy Fergus O'Dowd asked the Minister for Children and Youth Affairs if he will respond to the recent Health Information and Quality Authority child protection and welfare report concerning the Louth-Meath area, with particular reference to the finding that there were unsafe and ineffective systems in place to access and manage actual or potential risks to children from adults of concern living in the community and that risks to some children went unidentified and unmanaged; and if he will make a statement on the matter. [26759/15]

View answer

Fergus O'Dowd

Question:

145. Deputy Fergus O'Dowd asked the Minister for Children and Youth Affairs if he will respond to the recent Health Information and Quality Authority child protection and welfare report concerning the Louth-Meath area, with particular reference to the finding that a significant proportion of children and families did not receive a timely or effective service. [26760/15]

View answer

Fergus O'Dowd

Question:

146. Deputy Fergus O'Dowd asked the Minister for Children and Youth Affairs if he will respond to the recent Health Information and Quality Authority child protection and welfare report concerning the Louth-Meath area, with particular reference to the finding that of the 27 standards assessed, the service met one standard only and required improvements in 18 standards, while significant risks were identified in eight standards. [26761/15]

View answer

Written answers

I propose to take Questions Nos. 140 and 143 to 146, inclusive, together.

The inspection report by the Health Information and Quality Authority (HIQA) on the child and welfare services in Louth Meath describes serious concerns regarding the standard of services being provided to children and families in the area. Tusla had notified me on the problems in the services prior to the publication of HIQA’s report and has taken direct ownership of actions to improve the standards of service delivery.

I can report that Tusla has intervened in the area immediately and that actions to improve management, oversight and quality assurance are well underway. They are being led directly at a senior level by the Chief Operations Officer. Additionally, a project social work team is being put in place to deal with the backlog and to assist with the implementation of national guidance and practice for the duration of the special programme.

Tusla submitted an action plan to HIQA to address the recommendations following the inspection and this has been accepted. On the most serious findings, Tusla has completed 22 out of the 46 actions, with the remaining 24 to be completed within dedicated time frames. Of particular importance were the steps taken to ensure all children on the Child Protection Notification System had an allocated social worker and that improvements were made to record keeping and data collection. Progress will be monitored by HIQA and officials in my Department to ensure these are completed.

Issues were highlighted around resources and staffing in Louth Meath. This is being addressed at national level as a matter of urgency. Officials from my Department have already been engaging with Tusla on resources for the remainder of 2015 and into 2016. A submission on staffing and other resource issues is to be made in the near future.

I have been advised that at the end of 2014, there were 1,451 open cases in the Louth Meath area, of which 620 were waiting on the allocation of a social worker. A key issue is the management of cases identified as needing a social worker while they are waiting. HIQA found the Louth Meath system to be poor and rated it as a significant risk. The management of the open cases is now being addressed and new systems have been put in place to review, monitor and manage cases waiting the allocation of a social worker in the Louth Meath area. Improvements to the recording of risks are also being made. A systematic approach piloted successfully at local level is being extended to the whole Louth Meath area. Prioritisation of cases is not solely related to the risk involved and this will continue to be recorded separately. Tusla is engaged in a review at national level on the system of prioritisation and how the recording of risk can be better reported.

In relation to adults of concern in the community, senior managers at local level will undertake the task of reviewing the relevant information, with particular attention to any children that may be currently at risk. Cases where there is an immediate risk are acted on without delay within the Duty Social Work team. Otherwise, the cases will be risk rated and prioritised. Where alternative resources are identified as a need, this is to be escalated to the Principal Social Worker in the first instance, and if necessary to the Area Manager. In addition each county has in place a sex offenders risk management group. This group is to assess the risks associated with convicted adults in the community.

I do not consider the standard that was found in Louth Meath to be acceptable but I am encouraged by the positive and rapid response by Tusla in getting to grips with the problems. It is also important for people to know that the positive aspects of the service were reported as well. There was evidence of good practice and excellent interagency collaboration. Good practice with children and families was observed by inspectors, who also found that many neglect cases were well managed by social workers and children's lives had improved from social work and family support intervention. The majority of initial assessments were of good quality, based on detailed information from key sources and including the clearly expressed views of children. Many children were found to have benefitted from the service.

I have arranged to have regular meetings with Tusla senior management to monitor the significant progress required in this service area. The inspection report indicates that a number of the reforms in the national organisation of the overall service were in evidence. I am determined that these reforms will continue to make improvements to the consistency of positive outcomes for children and families.

Ministerial Meetings

Questions (141)

Micheál Martin

Question:

141. Deputy Micheál Martin asked the Minister for Children and Youth Affairs if he will provide, in tabular form, the number of requests for meetings he has received from private, external, non-State-funded lobby groups; the number of meetings he has held with these groups; and if he will make a statement on the matter. [26695/15]

View answer

Written answers

The information is in the following table.

Number of Meeting Requests

Number of Meetings held with Minister

Number of Meetings held with Officials of Department

6

0

1

Youth Services Funding

Questions (142)

Marcella Corcoran Kennedy

Question:

142. Deputy Marcella Corcoran Kennedy asked the Minister for Children and Youth Affairs the steps he will take to protect funding for the 600 Foróige youth clubs which engage in a range of projects and programmes; if he will continue to ring-fence the funding these services require; and if he will make a statement on the matter. [26715/15]

View answer

Written answers

My Department administers a range of funding schemes and programmes to support the provision of youth services to young people throughout the country including those from disadvantaged communities. The funding schemes support national and local youth work provision to some 380,000 young people and involve approximately 1,400 youth work staff in 477 projects and 40,000 volunteers working in youth work services and communities throughout the country.

In 2015, funding of €49.9m has been provided to my Department for these schemes. There has been no reduction in the overall allocation for youth services in 2015. This was an important priority for the voluntary youth organisations that have a key role in the provision of quality youth work services for young people.

In 2015, funding of €6,945,538 has been allocated by my Department to Foróige to support the provision of services for young people including the local services provided by Foróige for young people who are at risk of disadvantage. The €6,945,538 Foróige is receiving in funding in 2015 comprises €2,551,737 under the Youth Service Grant Scheme, €1,658,828 under the Young People Facilities and Services Fund (1 & 2) and €2,734,973 under the Special Projects for Youth scheme.

To support youth work activities at a local level, my Department operates a Local Youth Club Grant Scheme on an annual basis. This Scheme is administered by Education Training Boards on behalf of my Department and is advertised locally each year. Despite the cuts in the funding available for youth services, the level of funding for clubs and groups under the Local Youth Club Grant Scheme has been maintained at €1.035m each year since 2011. Some 600 local youth clubs benefit annually from the Scheme which is open to all local youth groups and clubs, including those run by Foróige.

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