Written Answers Nos. 136-146
136. Deputy Catherine Murphy asked the Minister for Justice and Equality if she has received correspondence from the IDA or any private financial institutions querying the reason that no Garda vetting service exists for financial institutions that may wish to vet incoming employees; her plans to develop proposals in this area; and if she will make a statement on the matter. [38904/15]
View answer153. Deputy Catherine Murphy asked the Minister for Justice and Equality the reason no Garda vetting service exists for financial institutions that may wish to vet incoming employees; the routes currently open to such companies to check that the staff they are hiring have no history of criminal financial mismanagement; and if she will make a statement on the matter. [38910/15]
View answerI propose to take Questions Nos. 136 and 153 together.
An employment vetting service is currently provided by An Garda Síochána to a range of public and non-public sector bodies in respect of persons seeking employment in Ireland where that employment involves substantial, unsupervised access to children or vulnerable adults.
The vetting service is provided by the Garda Central Vetting Unit (GCVU) which engages with registered organisations to facilitate the service. The current average processing time for vetting applications is four weeks. However, in some individual cases additional enquiries may be necessary and this may result in processing times in excess of the average.
Last year the Garda Central Vetting Unit processed over 318,000 applications. So far this year over 251,000 applications have been processed to 30 October 2015. The majority of these applications were dealt with within the average four week processing time referred to above.
Criminal history vetting for general employment purposes is not available. My Department and An Garda Síochána receive correspondence from and have ongoing interaction with a range of bodies and companies, including IDA Ireland, in respect of the issue of employment vetting across other sectors of the economy.
There are no plans at present to extend the current employment vetting service in this regard. As I am sure the Deputy will appreciate, the policy priority is to focus on embedding and enhancing the current vetting service in respect of persons working with children and vulnerable adults.
137. Deputy Brendan Smith asked the Minister for Justice and Equality the proposals she is putting forward at the all-party talks on the need to establish a cross-Border task force to deal with organised crime; and if she will make a statement on the matter. [38905/15]
View answerTackling organised crime is a priority for both the Government and the Garda and other law enforcement authorities. It is a shared priority with the authorities in Northern Ireland and there is extensive cross-border co-operation in place to tackle smuggling and other border-focused criminal activities. This work involves the police and customs services and other law enforcement agencies from both jurisdictions. The interagency cross-border groups on fuel and tobacco fraud are two examples of this joint working in action.
I met recently with the North’s Justice Minister, David Ford, to discuss what more can be done to tackle cross-border crime. I jointly hosted with Minister Ford the Annual Cross Border Organised Crime Seminar in Sligo on 30 September/1 October last with over 100 delegates from all the relevant agencies attending from North and South. It is one demonstration of the close and ongoing co-operation between the two jurisdictions in this regard.
I am examining, in co-operation with my counterparts in the North, ways to build on the excellent co-operation that already takes place in this area and we want an enhanced overarching structure put in place to support it. The Government wants to see agreement forged in respect of proposals to establish enhanced cross-Border structures to tackle organised crime within the current talks process at Stormont.
Joint working of all the law enforcement agencies involved on both sides of the Border will be crucial to combating criminality successfully. As a Government, we will support them in any way we can.
138. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she will establish a timeframe for the abolition of the non-jury Special Criminal Courts; and if she will make a statement on the matter. [38700/15]
View answerArticle 38 3. (1) of the Constitution allows for the establishment of special courts in accordance with the law in cases where it is considered that the ordinary courts are inadequate to secure the effective administration of justice. Section 38 of the Offences against the State Act 1939 provides for the establishment of Special Criminal Courts. Section 38 of the 1939 Act as amended also provides that the Government may, whenever they consider it necessary or desirable to do so, establish additional Special Criminal Courts as they think fit. It also provides that whenever two or more Special Criminal Courts are in existence the Government may, if and so often as they think fit, reduce the number of such Courts and abolish those existing Courts that appear to be redundant.
The Deputy will be aware that last week the Government appointed seven serving judges to the bench of the second Special Criminal Court that was established by Government Order on 14 December 2004, thereby bringing the second Court into existence.
There is a backlog of cases in the existing Special Criminal Court with delays of approximately twenty months in cases coming to trial. Bearing this in mind, together with the particular types of offences with which the Special Criminal Court is concerned, I sought the necessary Government approval to appoint judges to the second Special Criminal Court, thereby bringing it into existence.
There are certain practical and procedural tasks that need to be undertaken before the second Courts can start hearing cases such as organising courtroom accommodation and chambers for judges as well as drafting of the necessary rules of court and it will also be necessary to appoint a Court Registrar.
I anticipate that when the second Special Criminal Court commences hearing cases there will be a reduction in waiting times for cases awaiting trial. The requirement for two Special Criminal Courts will be kept under review in this context; however I have no plans at present to abolish the Special Criminal Court.
139. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the number of applicants awaiting transfer in her Department to locations other than their present location; the number of applications, by location; the rules that apply for such transfers; if an applicant has a defined position on the list for transfer; the grounds that apply to applicants being moved up or down on the list; and if she will make a statement on the matter. [38760/15]
View answerThe Human Resources Division of my Department manage a very substantial number of requests for staff transfers both across my Department and other Civil Service Departments and Offices each year. There are a range of different reasons for such a transfer request, one of which is based on geographic location.
I have set out information below on how staff of my Department can seek transfers which may be of assistance to the Deputy.
The main avenues that staff can follow if they are seeking a transfer are as follows:
- Staff can submit a formal request to Human Resources Division for a transfer within the Department.
- Staff can submit a formal request to Human Resources Division for a transfer to a specific location. Such requests are forwarded to all Civil Service Departments with offices in the location;
- Staff can respond to requests from Human Resources Division for expressions of interest for specific posts.
- Staff can seek to identify a head to head transfer with other staff of the same grade across the Civil Service. In such cases both Departments must be satisfied as to the suitability of the transferees, with particular reference to their respective performance and attendance records.
For requests which are forwarded to Civil Service Departments with offices in other locations, it is then the responsibility of that Department to administer their transfer list and consider candidates as and when suitable vacancies arise. The primary factor determining the member of staff's position on any transfer list is linked to the date they applied for a transfer. In all cases staff would be required to be suitable on sick leave and conduct grounds to be eligible for transfer.
Due to the large variation in the range and circumstances of staff transfers each year, it is not possible to readily isolate the numbers and breakdown sought by the Deputy and attempting to retrieve this information would involve a disproportionate dedication of staff resources.
I wish to advise the Deputy that where possible my Department will facilitate such transfer requests however the priority will always be to maintain a balanced and appropriate level of staff resources in priority areas and to match people with the most relevant skills to the requirements of posts.
140. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected status in the long-term residency and eligibility for naturalisation of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [38788/15]
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, who currently has permission to reside in the State until 9 May 2016, is well advanced 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.
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.
141. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status and eligibility for review of a decision to deport or provide an extended term of residency in the case of a person (details supplied) in County Cork, having particular regard to the fact that the person's child has never known any other home other than in this jurisdiction; and if she will make a statement on the matter. [38790/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 25 November 2008.
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 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.
142. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will confirm receipt by the appropriate section in her Department of all documentation sought in the context of determining eligibility for residency by persons (details supplied) in County Clare; and if she will make a statement on the matter. [38797/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it wrote to the persons concerned to acknowledge receipt of documentation on 04 August 2015. The case is under consideration and a decision will issue shortly.
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 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 Parliamentary Question 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.
143. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the basis on which residency status will be determined and regularised for a person (details supplied) in County Clare; and if she will make a statement on the matter. [38798/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that their records show that the person mentioned by the Deputy was first registered in the State in February 2012 with an immigration permission which expired in January 2014.
I understand that the individual in question has not renewed their permission since that date nor have they made an application for consideration for further permission. I am informed that this is the only record INIS have of this person being legally present in the State.
This person is, therefore, present in the State without immigration permission which 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. A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence and if found guilty of such an offence would be 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.
144. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will confirm receipt of all documentation required in connection with an application for extended residency and eligibility for naturalisation by a person (details supplied) in Dublin 22. [38800/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has been granted Leave to Remain in the State for the period to 30 October, 2018. This decision was conveyed in writing to the person concerned by letter dated 29 October, 2015.
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.
145. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if arrangements will be made to review the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [38804/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 9 December 2010.
Representations were received from the person's legal representative, to request the Minister to use her discretion, 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.
146. Deputy Thomas P. Broughan asked the Minister for Justice and Equality when the Equal Status Act 2000 will be amended to repeal section 7(3)(c) to ensure that all children will access their right to education without discrimination on religious grounds; and if she will make a statement on the matter. [38837/15]
View answer157. Deputy Finian McGrath asked the Minister for Justice and Equality if she will repeal section 7(3)(c) of the Equal Status Act to end discrimination in education; and if she will make a statement on the matter. [38919/15]
View answerI propose to take Questions Nos. 146 and 157 together.
I should explain that section 7 of the Equal Status Act 2000 generally prohibits discrimination in relation to the admission policy operated by an educational establishment except where it is a primary or post-primary school operating in an environment which promotes certain religious values. In such circumstances, the school, under subsection 7(3)(c), may favour the enrolment of students of a particular religious denomination in preference to others, or refuse to admit a student who is not of that denomination. However, any preferential admission policy in this regard is only permitted to the extent that it is essential to maintaining the religious ethos of the particular school. The provision reflects the freedom of religion guaranteed in Article 44 of the Constitution as interpreted by the Superior Courts and in particular the right of every religious denomination to manage its own affairs and maintain institutions for religious or charitable purposes. There are currently no plans to amend this section of the Equal Status Act 2000.
The broader issue of schools' admission policies is a matter for the Department of Education and Skills.
