Written Answers Nos. 379-395
379. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected position in determining 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. [29958/15]
View answerI 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 at an advanced stage of processing and will be submitted to me for 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.
380. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position regarding an application for naturalisation by a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [29959/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing and the case will be re-submitted to me for decision as expeditiously as possible.
As the Deputy will appreciate, as well as being a significant event for the recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State as it 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. In some instances this can be established relatively quickly and in other cases 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.
381. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will review the deportation order in the case of a person (details supplied) in Dublin 24, who has reported each month to an immigration officer for the past ten years, and whose circumstances have changed in the interim; if the person may be issued with stamp 4 status; and if she will make a statement on the matter. [29960/15]
View answerI 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. Representations were also 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 may wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. This application is also under consideration at present. In the mean-time, the Deportation Order remains in place.
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.
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.
382. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position regarding an application for naturalisation by a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [29961/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy 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.
383. Deputy Tom Fleming asked the Minister for Justice and Equality when she will introduce a national identity card which can be managed by generating a unique national identity code for every citizen, by using a computerised binary system numerical code, which would virtually eliminate errors or mismatches when it comes to identifying persons on different databases; and if she will make a statement on the matter. [29964/15]
View answer
384. Deputy Denis Naughten asked the Minister for Justice and Equality the cost of public advertising, statutory and non-statutory, funded by her Department in 2013 and 2014; the corresponding figure for agencies under the control of her Department; and if she will make a statement on the matter. [30029/15]
View answerI wish to advise the Deputy that the total cost of advertising, statutory and non-statutory, incurred by my Department in 2013 was €228,821 and 2014 was €346,490. A large proportion of this funding in 2013 and 2014 was in respect of funding to non-governmental organisations in raising awareness of domestic, sexual and gender based violence and services for victims.
The corresponding figure for the agencies under the remit of my Department in 2013 was €98,624 and 2014 was €307,785. A significant proportion of the cost of advertising in 2014 arose as a consequence of the "Back on Track" campaign run by the Insolvency Service of Ireland to further highlight the suite of debt solutions available to distressed debtors.
385. Deputy Denis Naughten asked the Minister for Justice and Equality the cost in 2013 and 2014 of printing reports by her Department and agencies under the control of her Department; the corresponding figure for annual reports; and if she will make a statement on the matter. [30044/15]
View answerI wish to advise the Deputy that the costs incurred by my Department for printing reports in 2013 was €4,711. In 2014 no cost was incurred. The corresponding figure for the agencies under the remit of my Department in 2013 was €8,474 (of which €7,736 relates to annual reports) and 2014 was €11,471 (of which €11,107 relates to annual reports). In most cases annual reports are now made available in soft copy format. If printed copies are required these are normally printed internally but it is not possible to quantify these costs as, typically, the quantities involved are low.
386. Deputy Denis Naughten asked the Minister for Justice and Equality the cost in 2013 and 2014 of issuing hard copy payslips to staff or retired staff by her Department and agencies under the control of her Department; and if she will make a statement on the matter. [30059/15]
View answerThe estimated cost (excluding staff time) of issuing hard copy payslips to staff or retired staff in 2013 and 2014 was €347,000 and €116,000 respectively. The decrease in cost in 2014 reflects the fact the Payroll Shared Services Centre (PSSC) in the National Shared Services Office was responsible for the operation of the Garda Force and Prisons payrolls in 2014 and the costs associated with the issue of hard copy payslips is reflected in the expenditure of that office.
387. Deputy Lucinda Creighton asked the Minister for Justice and Equality if she will outline and itemise all expenditure undertaken by her Department on private travel for her and-or for her private office, on legal fees, consultancy fees and hotel accommodation during the 12-month period to 30 June 2015; and if she will make a statement on the matter. [30074/15]
View answerThere was no expenditure by my Department on private travel for myself or my private office staff during the year to 30 June 2015.
In terms of legal costs incurred by my Department, I can inform the Deputy that this totalled €6,108,150 and consultancy costs were €70,077. (See table for details)
|
Table of Costs |
July to Dec 2014 |
Jan to June 2015 |
Total |
|
Legal |
|||
|
Legal Expenses |
223,446.09 |
318,807.59 |
542,253.68 |
|
Court Costs |
289,099.62 |
408,268.08 |
697,367.70 |
|
Immigration Cases Court Costs |
1,546,789.80 |
1,431,273.19 |
2,978,062.99 |
|
Asylum & Immigration Legal Costs |
1,151,617.64 |
737,888.19 |
1,889,505.83 |
|
Legal Professional Fees |
960.00 |
0.00 |
960.00 |
|
Total Legal |
6,108,150.20 |
||
|
Consultancy |
|||
|
IT Consultancy |
16,848.49 |
1,800.11 |
18,648.60 |
|
General Consultancy |
46,400.51 |
5,028.08 |
51,428.59 |
|
Total Consultancy |
70,077.19 |
A total of €12,366 was incurred in relation to hotel accommodation while on official business over the period in question.
388. Deputy Lucinda Creighton asked the Minister for Justice and Equality if she is responsible for all board appointments where such power to appoint persons to State boards is vested in her by statute; if any politically appointed State employee outside of her Department is involved in decision-making concerning such appointments, in particular, if, during the lifetime of the Government, a named person (details supplied) has had any influence over any appointments made by her; if she or officials from her Department have corresponded with that person regarding the composition of and appointments to State boards to which she has statutory power to make appointments; and if she will make a statement on the matter. [30114/15]
View answerI wish to advise the Deputy that I have overall responsibility for all appointments to State Boards where such power is vested in me by statute. Neither the person referred to by the Deputy nor any other politically-appointed State employee outside of my Department is involved in decision-making concerning board appointments vested in me by statute, nor has any correspondence been engaged in with such persons.
389. Deputy Denis Naughten asked the Minister for Justice and Equality the current and capital funding allocated to her Department; the underspend or overspend in 2015 to date under each category based on her Department's spending profile; the funding made available within and external to her Department's functions to support innovation; and if she will make a statement on the matter. [30129/15]
View answerThe 2015 capital and current funding allocation for Vote 24, Justice and Equality is €373m. The against profile position for each of these categories to the end of June 2015 is an under profile spend of €3.2m on current expenditure and an over profile spend of €0.5m on capital expenditure.
390. Deputy Denis Naughten asked the Minister for Justice and Equality if her Department or agencies under the authority of her Department have performed an assessment of the potential savings to be accrued if current paper-based application processes by members of the public were replaced with a fully online application system; and if she will make a statement on the matter. [30144/15]
View answerI wish to advise the Deputy that my Department is committed, wherever feasible, to providing on-line options with regard to application processes within the Department. Many processes are already completed entirely, or nearly entirely, by electronic means. Assessments as to the potential savings involved have not been carried out in every case. Moreover, certain processes, involving sensitive and/or security-related information are not appropriate to an on-line procedure or are not justified by reason of low volume.
Information regarding areas of my Department is set out as follows.
Cosc
Cosc has recently replaced a paper-based system grant application system for its awareness-raising grant scheme with a hybrid system involving more automated applications. The initial application stage involves emailing an application into a specially designed inbox where a computer programme takes the data from the form and uses it to populate a database of applications. Some later stages of the process include paper and email submission of documents so that they can be properly verified as part of the ex-post analysis of the scheme. The potential savings in this case were assessed as not sufficient to justify the cost of a fully on-line system. However, the change has resulted in a considerable saving in staff time spent entering the data from the initial application forms. This staff time has been reallocated to other duties. Non-governmental organisations, rather than members of the public, typically apply under this scheme.
Cosc also provides funding for service delivery to a small number of organisations who apply for funding via written and email applications. There are no plans to move this process to a fully on-line application system, because of the small volume of data involved.
Irish Naturalisation and Immigration Service
In respect of the provision of immigration services, on-line systems are in place for specific customer groups such as initial visa applications. However, for many of its services, such as the registration function for non-EEA nationals who reside in the State for greater than 90 days, it is a requirement that such persons present in person. This is necessary for establishment of identity and as an anti-fraud measure and is the practice of immigration services worldwide. The registration process includes an interview with the person, the examination of relevant documentation, photographing and biometric capture and the issuing of a registration certificate. It also includes the placing of the appropriate permission to remain endorsement on the passport of the person concerned.
However, the immigration service regularly reviews its service delivery channels including seeking opportunities for making on-line application facilities available where appropriate.
Victims of Crime
The Victims of Crime Office replaced its paper based application process for funding under the Victims of Crime Funding Scheme with an on-line application process from the 2014 scheme. This has resulted in a significant saving in staff time that has been reallocated to other duties. Non-governmental organisations, rather than members of the public, typically apply under this scheme. The Victims of Crime Office has no other paper based application processes.
Information regarding the Agencies under the remit of my Department is set out as follows.
Charities Regulatory Authority (CRA)
The Charities Regulatory Authority, which was established on 16 October 2014, has developed an on-line applications process from the outset. Accordingly no assessment of potential savings to be accrued from the replacement of paper based application processes has been necessary.
Courts Service
The Courts Service strategy for the future delivery of electronic services is based on a common platform, Courts Service on Line (CSOL), consisting of a number of different components and applications. The development of applications under this system involves an assessment of savings to be made. There are currently two on-line applications under development (i) Debt Claims on Line to provide an on-line system for the processing of liquidated debts across all court jurisdictions and (ii) eLicensing that will provide for licensing applications and renewals in the Circuit and District Courts. Further applications will be developed as resources become available and will include an assessment of savings to be made.
Garda Síochána Ombudsman Commission (GSOC)
GSOC is not in a position to fully replace paper-based application with on-line. Furthermore, concerning the complaints made directly to the Ombudsman Commission, it has to date been GSOC's policy to allow a wide number of methods of complaint, so as not to construct barriers to any members of the public wishing to complain. This does not rule out a move to accepting electronic lodgement of complaints only in the future.
GSOC has made efforts to encourage electronic lodgement of complaints and communications over the last two years. Complaints are accepted by e-mail and e-mail is used to communicate with complainants wherever possible. In 2014, 36.5% of complaints were received electronically (a total of 820). In the first six months of 2015, 41.5% of complaints were received electronically (a total of 426).
Insolvency Service of Ireland (ISI)
In accordance with the Personal Insolvency Act 2012 and the requirement therein to maximise communications via electronic means where possible, the ISI has developed from the outset, a suite of on-line applications for the provision of its services. Accordingly, no assessment of potential savings to be accrued from the replacement of paper based application processes has been necessary.
Irish Film Classification Office (IFCO)
While IFCO currently operates a paper based system, it is included in the initiative of Department of Jobs, Enterprise and Innovation for the development of an integrated licensing portal. Potential savings have yet to be determined as the full cost of the portal to IFCO is not yet available.
Legal Aid Board
Regulation 4 (1) of the Civil Legal Aid Regulations 1996-2013 provides that “Any person who wishes to be granted legal advice shall apply in writing to a law centre on a form approved by the Board or in such other manner, being in writing, as the Board may accept as sufficient in the circumstances of the case.”
Currently the Legal Aid Board accepts applications for legal services from members of the public on its paper application form only. However, as part of a process of improving its website, it is currently in the process of developing an on-line application system for the use of the general public. The Board expects to launch the on-line application system during the second half of 2015.
While the Board anticipates that cost savings would be accrued through the launch of the on-line application it has not yet formally assessed this and therefore no figure is available. However, the Board intends to evaluate the success of the on-line system for a period after it is introduced. The savings that accrue will be among the criteria upon which success would be evaluated.
Private Security Authority
The Private Security Authority is currently developing on-line applications systems to replace their paper based systems.
Property Registration Authority
The Property Registration Authority has made substantial progress in rolling out eGovernment initiatives since the late nineties. These initiatives have facilitated automated applications and services to the public, many of which are completely paperless transactions. Notwithstanding the availability of these services, some applications continue to be lodged in paper form. While no formal assessment has been carried out, it is envisaged that there would be potential for some savings if all applications were to be made via an on-line process.
391. Deputy Terence Flanagan asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding firearms legislation; and if she will make a statement on the matter. [30167/15]
View answerThe Deputy has raised a number of questions in relation to the accuracy of statistics on stolen firearms provided from the PULSE system and the impact of this in relation to decision making. The Deputy will be aware that following a detailed analysis of PULSE data in relation to the recording, classification and reclassification of crime, the CSO has recently resumed publication of the quarterly crime figures, along with an analysis of how the issues identified in the Garda Inspectorate Report on Crime Investigations impact on the production of these statistics. The analysis carried out by both the CSO and the Garda Inspectorate has identified common issues of concern in relation to Garda crime recording processes and systems. A significant number of these relate to ICT issues and some of them are specifically in relation to PULSE.
The Garda Commissioner has taken a number of steps to respond to the concerns identified in the Inspectorate report, including the establishment of a new Data Quality Team in the Garda Information Services Centre (GISC), as well as measures to strengthen PULSE governance arrangements. These measures form part of broader steps to take forward the Inspectorate’s recommendations, including plans to upgrade and improve the technology for recording of crime and policing activity.
The compilation and publication of crime statistics is a matter in the first instance for the Central Statistics Office, as the national statistical agency. The CSO is currently carrying out a detailed analysis of certain issues raised by the Inspectorate in relation to the recording, classification and reclassification of crime, to see whether and to what extent they may have implications for the crime statistics which that Office produces. I understand that substantial work has been carried out on this project since the report's publication, and that this work is ongoing. In addition, the CSO has also agreed to chair an expert panel to examine the Inspectorate's recommendations on crime statistics. The expert panel will review the crime counting and detection rules, as recommended by the Inspectorate, with a view to introducing new national standards On the question of compensation and the possession of a firearm being a privilege, I wish to refer the Deputy to Section 13 of the Working Group report on the Review of Firearms Licensing which was published in November 2014.
To quote from section 13:
"In Magee V Murray (2008, Judge Birmingham) it is stated in summary: “The possession of every firearm is illegal unless authorised by law. The possession of a firearm is not a right, but it is a privilege…”.
A similar view was expressed in McCarron V Kearney by Charleton J. (High Court, 4 July 2008)."
Section 13 also notes that the Courts have taken the view that what is in the State’s gift cannot be required to be compensated if it is withdrawn. For example, in Gorman v Minister for the Environment (2001, Judge Carney) it was held that the absence of compensation for permitting the issuance of taxi licences to anyone qualified was constitutional.
Finally, insofar as consultation with the Attorney General in relation to legislative changes is concerned, I can confirm to the Deputy that any legislative changes are subject to consultation with the Attorney General.
392. Deputy Billy Kelleher asked the Minister for Justice and Equality when her Department's annual report for 2014 will be published. [30217/15]
View answerMy Department's Annual Report 2014 is currently being drafted and is expected to be published in the Autumn
393. Deputy Denis Naughten asked the Minister for Justice and Equality if she will consider the establishment of a division of the small claims court to assist business in retrieving small payments from clients, given that such arrears are threatening the viability of many small companies; and if she will make a statement on the matter. [30221/15]
View answerThe Courts Service have clarified that the small claims procedure of the District Court is an alternative method of dealing with a civil proceeding in respect of a small claim. The majority of claims are dealt with by administrative staff in the local District Court offices. Typical claims include:
- a claim in respect of goods or services bought for private use from somebody selling them in the course of a business (consumer claims)
- a claim in respect of goods or services bought for business use from somebody selling them in the course of a business (business claims)
- minor damage to property (excluding personal injuries) and
- the non-return of a rent deposit for certain types of rented properties.
The procedure was designed by the Courts Service to handle claims as cost-effectively as possible without involving a solicitor. The District Court Clerk, as the Small Claims Registrar, processes the claims and seeks to negotiate a settlement without the need for a court hearing. Almost half of the claims that proceed are settled in this way. If the matter cannot be settled the registrar will bring the claim before the District Court.
The Deputy will be aware, the procedure does not cover claims in respect of debts, personal injuries or breaches of leases or higher purchase agreements. Generally such cases may be more effectively and speedily dealt with by way of civil bill. The Deputy will also be aware that the Civil Debt (Procedures) Bill 2015, a separate measure to the Small Claims Court, is currently before the Dáil, and this will provide for the introduction of two additional court based measures, in respect of debts between €500 and €4,000, to the existing suite of measures currently available for the enforcement of civil debt.
The Courts Service has indicated that the Small Claims procedure is extremely resource intensive requiring multiple contacts with applicants and respondents in order to reach agreement on the claim. A priority for the Courts Service is to maintain the delivery of front-line court services and an appropriate level of service to court users.
I am informed that there are no plans to extend the scope of the small claims procedure at this time.
394. Deputy Denis Naughten asked the Minister for Justice and Equality her plans to progress the issues raised at a meeting she had with the relatives of a person (details supplied); and if she will make a statement on the matter. [30237/15]
View answerAs the Deputy is aware I met with the persons referred to on 1 July and agreed to reflect on the issues which they raised at the meeting. I have asked my officials to examine these issues and I will contact the persons concerned directly in due course.
395. Deputy Denis Naughten asked the Minister for Justice and Equality further to Parliamentary Question No. 421 of 24 March 2015 the plans the Office of Public Works has to refurbish Roscommon courthouse; and if she will make a statement on the matter. [30238/15]
View answerAs the Deputy is aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, including the provision of accommodation for court sittings. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service have informed me that the position in respect of Roscommon Courthouse is unchanged from that in my reply to Parliamentary Question No. 421 for written answer on 24 March 2015. The Courts Service confirms that, while it currently does not have funding to undertake work in Roscommon, it remains committed to providing improved court facilities in Roscommon town and that the development of courthouse facilities in the town is part of its plans for the future.
