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Wednesday, 30 Sep 2015

Written Answers Nos. 105-11

EU Regulations

Questions (105, 106, 107)

Clare Daly

Question:

105. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine the reason his officials confirmed to the Information Commissioner on 31 July 2015 (details supplied), after a review requested by the commissioner, that they hold no records showing compliance or otherwise with the European Communities (Control of Dangerous Substances in Aquaculture) Regulations, 2008, Statutory Instrument No. 466 of 2008, in view of the regulations being signed by him on 6 November 2008. [33581/15]

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Clare Daly

Question:

106. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he will clarify comments made by the Marine Institute (details supplied) regarding the release of records generated by certain European Union regulations; and if he will make a statement on the matter. [33582/15]

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Clare Daly

Question:

107. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine given comments made by the Information Commissioner (details supplied), the official responsible for holding records showing compliance with certain European Union regulations; and if he will make a statement on the matter. [33583/15]

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Written answers

I propose to take Questions Nos. 105 to 107, inclusive, together.

Regulation 8 of Statutory Instrument No. 466 of 2008 imposes an obligation on all aquaculture operators to maintain and make available for inspection, records which relate to their licensed aquaculture operations. There is no legislative requirement on my Department to keep these documents on file as a matter of routine. However, as stated, aquaculture operators are obliged to make relevant documents available as part of any inspection undertaken in connection with the operation of their sites under the provisions of the applicable legislation. This is consistent with the information provided by my Department to the Office of the Commissioner for Environmental Information.

In relation to information held by the Marine Institute the position concerning the retention of the documents referred to by the Deputy is also as set out above.

European Court of Justice Rulings

Questions (108)

Clare Daly

Question:

108. Deputy Clare Daly asked the Minister for Justice and Equality her views that caps on compensation in discrimination cases may contravene European Union law as articulated in the European Court of Justice ruling in the case of M. H. Marshall v. Southampton and South-West Hampshire Area Health Authority (No. 2) [1994] ICR242, ECJ Case 271/9. [33578/15]

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Written answers

The ECJ ruling referred to by the Deputy concerned the implementation of EU employment equality law on the gender ground. Our domestic legislation (section 77(3) of the Employment Equality Act 1998 (as amended)) provides claimants with a choice of forum to take gender employment equality cases to the Circuit Court instead of the Equality Tribunal. The jurisdiction of the Court to order redress in this category of claim is unlimited.

Court Accommodation Refurbishment

Questions (109)

Pádraig MacLochlainn

Question:

109. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will provide an update on Glenties courthouse in County Donegal; and if she will make a statement on the matter. [33487/15]

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Written answers

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that following some routine maintenance work which was being undertaken in Glenties Courthouse, the Office of Public Works expressed concern over the structure of the ceiling in a room on the first floor of the Courthouse. The Courts Service arranged for the area to be sealed off and sought a full report from the Office of Public Works.

I am informed that the report identified loose plaster in ceilings and walls, dry rot in the floor at the public entrance, a lack of safety equipment such as emergency lighting or fire alarms and a requirement for replacement gutters and downpipes. The Courts Service has indicated that the cost of this remedial work is estimated at €80,000 plus vat and will have to be considered in the context of an earlier report outlining multiple underlying issues with the courthouse which should also be addressed.

In view of the potentially serious health and safety issues which have been identified, the Courts Service has suspended court sittings in the courthouse. As an interim measure an alternative location has been sourced for sittings of the District Court in the community centre.

Asylum Seeker Accommodation

Questions (110)

John McGuinness

Question:

110. Deputy John McGuinness asked the Minister for Justice and Equality if the accommodation allocated to a person (details supplied) in Dublin 2 will be inspected, as it is unsuitable for that person's needs; and if alternative accommodation will be arranged. [33499/15]

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Written answers

The person in question was granted Leave to Remain in March of this year and left the centre in question on 12 July.

He has not been a resident of an accommodation centre provided by the Department of Justice and Equality since that date.

Naturalisation Applications

Questions (111)

Bernard Durkan

Question:

111. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determining an application for naturalisation by a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [33555/15]

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Written answers

I 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 at an advanced stage of processing and the case will be re-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.

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.

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