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Tuesday, 24 Nov 2015

Written Answers Nos. 321-341

Tribunals of Inquiry Expenditure

Questions (321)

Bernard Durkan

Question:

321. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which provision is being made, or has been made, for the costs associated with the Smithwick and Morris tribunals, in respect of which legal or other costs are still outstanding; and if she will make a statement on the matter. [41436/15]

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Written answers

I wish to advise the Deputy that in 2015 provision of €1.1m was made for costs associated with the Morris Tribunal and provision of €5.4m was made for the Smithwick Tribunal.

Costs incurred up to the 31 December 2014 are approximately €66.6m for the Morris Tribunal and €13.4m for the Smithwick Tribunal.

There are outstanding costs in respect of both the Morris and the Smithwick Tribunals, but these relate to third party fees. The Department has little control over when these bills are presented for payment. Such bills are scrutinised on behalf of the State by professional Legal Cost Accountants and the maximum possible savings are achieved by way of negotiation. If a negotiated settlement is not possible, the bill of costs is sent forward to be taxed by the Taxing Master.

Immigration Controls

Questions (322)

Eoghan Murphy

Question:

322. Deputy Eoghan Murphy asked the Minister for Justice and Equality the protocols in place for persons living and working here for a number of years without permission and-or documentation and where national identity documents from their native country may have expired for them to come forward and declare themselves without fear of immediate deportation or the significant disruption of their daily family and working lives; her plans for an amnesty, or form of normalisation, for such hidden persons who in general make a positive contribution to their communities and who have not found themselves in trouble with the authorities, or in breach of the law, except on this one point; and the current position of undocumented persons here, compared to the position of the undocumented Irish living and working in the United States of America. [41490/15]

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Written answers

It is open first and foremost to any foreign national, who finds him or herself in an undocumented situation, to return to their home country and apply to re-enter the State. If people are unwilling to do this they have the option to approach the immigration authorities to seek permission to remain in the State. Such cases would be carefully considered, taking the all relevant circumstances into account, before any final decision was made. An important factor in any such consideration would be the circumstances in which the person concerned became undocumented. In some cases that decision would result in their being granted leave to remain. In other instances they would be required to leave the State and to respect the decision of the Irish authorities.

While I appreciate the Deputy's concerns on this issue, it is the responsibility of all non-EEA nationals who are resident in the State to ensure that they have an appropriate permission from the Minister for Justice and Equality. Most migrants do in fact comply with this condition and obey the State's immigration laws. Any disruption to a person's working life needs to be seen in the context of their having no entitlement to engage in such work.

Ireland has shown itself to be a country that is open to migration and it is quite clear that those who opt to abide by our rules benefit from doing so and we continue to provide a safe haven to those who come here to seek our protection.

I have no plans to implement a regularisation programme for those who are currently undocumented in the State. A programme of this nature could give rise to very large, unpredictable and potentially very costly impacts across the full range of public and social services. I am also conscious that any significant departure from well established policies will invariably have implications for our immigration controls and the smooth functioning of the Common Travel Area with the United Kingdom.

The Deputy might wish to note that at EU Level, the Member States, in agreeing the European Pact on Immigration and Asylum at the European Council in October 2008 made specific commitments "to use only case-by-case regularisation, rather than generalised regularisation, under national law, for humanitarian or economic reasons". While the Pact is not legally binding, the political commitment among Member States, then and now, is clearly against any form of process that would in any way legitimise the status of persons present in the State without first examining the merits of their individual cases. This is the approach that has been consistently followed by successive Ministers in this respect.

Garda Deployment

Questions (323)

Willie O'Dea

Question:

323. Deputy Willie O'Dea asked the Minister for Justice and Equality the number of Garda personnel in the Limerick Garda Síochána division in each of the years 2011 to 2015 to date; and if she will make a statement on the matter. [41521/15]

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Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review taking into account 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 numbers of Garda personnel in the Limerick Garda Division on 31 December 2011, 2012, 2013, 2014 and on 30 September 2015, the latest date for which figures are readily available, was as set out in the table below

Limerick Garda Division 2011 - 2015

Year

Garda

Reserve

Civilian

2011

637

41

52

2012

605

47

50

2013

589

52

48

2014

565

51

49

*2015

555

53

48

* 30 September 2015

Since the Garda College reopened in September 2014, there have been six intakes of Garda Trainees, giving a total intake of 550. So far 295 of the new Garda Trainees have attested as members of An Garda Síochána. On attestation, new Probationer Gardaí are assigned to Garda stations throughout the country by the Garda Commissioner, where they are assigned to mainstream uniform policing duties. I am assured by Garda management that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí. I have been informed that 9 of these newly attested Gardaí have been assigned to the Limerick Division.

The increased budget allocation for An Garda Síochána in 2016 provides for the recruitment of 600 new Gardaí in addition to the 550 that will be recruited by year end. The ongoing recruitment of new Gardaí is crucial to the renewal of An Garda Síochána and for the safety of communities throughout the State. This ramped-up recruitment underscores the determination of this Government to deliver an effective, responsive police service to protect our communities and respond to emerging crime trends. The recruitment campaign for 2016 will be advertised very shortly.

Crime Data

Questions (324)

Pádraig MacLochlainn

Question:

324. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the crime statistics in the Dundrum Garda Síochána station area, including separate figures for the former Stepaside Garda Síochána station area, in Dublin, for each of the years 2011 to 2015 to date. [41540/15]

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Written answers

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose.

I have requested the CSO to provide the available statistical information directly to the Deputy.

Immigration Status

Questions (325)

Seán Ó Fearghaíl

Question:

325. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality if leave to remain in the State will be granted to a person (details supplied); and if she will make a statement on the matter. [41567/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that correspondence is due to issue to the person mentioned in the coming weeks.

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.

Garda Deployment

Questions (326)

Eric J. Byrne

Question:

326. Deputy Eric Byrne asked the Minister for Justice and Equality when additional Garda Síochána resources will be deployed in Dublin 12; if she will clarify a situation (details supplied); and if she will make a statement on the matter. [41583/15]

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Written answers

As the Deputy will be aware, one of the primary functions of the Garda Commissioner under the Garda Síochána Acts is to direct and control An Garda Síochána. In this respect, the Garda Commissioner is responsible for the distribution of all resources, including personnel, among the Garda Regions, Divisions and Districts. Garda management keep this distribution under continual review in the context of crime trends, demographics, policing priorities and security assessments so as to ensure that the best possible use is made of these resources.

I have been informed by the Garda Commissioner that as of the 30 September 2015, the latest date for which figures are readily available there were 157 members attached to the Crumlin District. On the same date there were also 12 Garda Reserves and 11 civilians attached to the District.

Since the Garda College reopened in September 2014, there have been six intakes of Garda Trainees, giving a total intake of 550. So far 295 of the new Garda Trainees have attested as members of An Garda Síochána. On attestation, new Probationer Gardaí are assigned to Garda stations throughout the country by the Garda Commissioner, where they are assigned to mainstream uniform policing duties. I am assured by Garda management that the needs of all Garda Divisions are fully considered when determining the allocation of members, including newly attested members.

The increased budget allocation for An Garda Síochána in 2016 provides for the recruitment of an additional 600 new trainee Gardaí. This will bring the total number of trainee Gardaí recruited to 1,150 by the end of next year. A recruitment campaign will be advertised shortly for these positions.

Courts Service Data

Questions (327)

Thomas P. Broughan

Question:

327. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to the reply to Parliamentary Question No. 315 of 17 November 2015, where she stated that in this context the question of seeking data from the Garda Síochána authorities in relation to such court outcomes does not arise, her views that the question related to the number of cases listed before the courts, therefore cases listed, not the outcomes of the cases; the number listed by the courts and the number listed on the Garda Police Using Leading Systems Effectively, for the same districts in the same periods; and if she will make a statement on the matter. [41619/15]

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Written answers

The Deputy will be aware that, under the provision of the Courts Service Act, 1998, management of the courts is the responsibility of the Courts Service. Accordingly, the listing of cases for hearing and the recording of data on such cases is the responsibility of Courts Service and not An Garda Síochána.

Visa Applications

Questions (328)

Eric J. Byrne

Question:

328. Deputy Eric Byrne asked the Minister for Justice and Equality the rationale behind the decision not to grant a visa to a person (details supplied); and if she will make a statement on the matter. [41626/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the rationale behind the decision not to grant a visa to the person concerned was in line with the guidelines set out in the Policy Document on non-EEA Family Reunification.

The combined income in Ireland of the applicant's mother and stepfather did not meet the threshold outlined in the policy, i.e. €40,000 over a three year period.

It is open to the person concerned to apply again on behalf of the applicant and to submit the required documentation relating to their finances and the thresholds for qualification which are clearly laid out in the aforementioned Policy Document. All applicants are directed to the policy on the INIS website.

Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for his 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.

In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).

Residency Permits

Questions (329)

Bernard Durkan

Question:

329. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status of a person (details supplied) in County Cork; and if she will make a statement on the matter. [41632/15]

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Written answers

If the persons whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process.

With regard to residency status, the Deputy is reminded that protection applicants are issued with a temporary residence permission pending a final decision on their application. In the event that an applicant is finally determined not to be in need of protection, consideration is then given to whether the person should be granted leave to remain in the State on humanitarian grounds.

Residency Permits

Questions (330, 336, 337, 338)

Pádraig MacLochlainn

Question:

330. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will renew and extend the previous Syrian humanitarian admission programme established on 14 March 2014. [41635/15]

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Pádraig MacLochlainn

Question:

336. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if a Syrian national who entered Ireland under the Syrian humanitarian admission programme in 2015 is eligible to sponsor a visa application for immediate family members who remain in Syria; given the humanitarian crisis, her plans to award visa applications to vulnerable Syrian family members of Syrians who are Irish citizens and who live here, particularly where families are trapped in war-torn areas. [41651/15]

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Pádraig MacLochlainn

Question:

337. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of persons registered and issued with immigration stamps under the last Syrian humanitarian admission programme. [41652/15]

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Pádraig MacLochlainn

Question:

338. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of visas issued to date to those granted residence permission under the Syrian humanitarian admission programme. [41653/15]

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Written answers

I propose to take Questions Nos. 330 and 336 to 338, inclusive, together.

The Syrian Humanitarian Admission Programme (SHAP) offered naturalised Irish citizens of Syrian birth and Syrian nationals already legally resident in Ireland an opportunity to make an application for vulnerable close family members to join them in Ireland for up to two years under a sponsorship programme. These were persons who were considered by their sponsoring family member present in Ireland to be most at risk. 116 beneficiaries were granted admission under the programme.

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the SHAP immigration stamp has been endorsed on the passports of 78 persons granted temporary permission under the Programme and that 101 visas have issued to date to those granted temporary residence permission under the Programme.

It is open to Syrian nationals ordinarily resident in the State to apply for family reunification as provided for in S18 of the Refugee Act 1996, as amended, or under the Policy Document on Non-EEA Family Reunification, which is available on the INIS website, www.inis.gov.ie.

I have no plans to renew this particular Programme. The Deputy will, however, be aware that, in response to the continuing migration crisis facing Europe, the Government has committed to accepting up to 4,000 persons overall under the EU Relocation and EU Resettlement programmes.

The EU Commission is currently finalising Ireland's contribution to the Relocation Programme which is indicated to be over 2,600. It is expected that this number will be augmented by further family reunifications. The timescales for Relocation are for a two year period with the first persons expected to arrive in the coming weeks.

I have established a Taskforce comprising of relevant Departments and agencies together with organisations including the UNHCR and the Red Cross to draw together the various strands of the programme. A Programme Office has been established in my Department to oversee the programme and a dedicated Relocation Unit has also been set-up in the Office of the Refugee Applications Commissioner to process cases for refugee determination. Ireland has also appointed Liaison Officers to both Italy and Greece and has nominated two additional experts to the European Asylum Support Office (EASO) to support the work of the hotspots.

In addition, Ireland is committed to accepting persons to Ireland under the UNHCR led refugee resettlement programme. To date in 2015 under this programme 100 refugees displaced by the Syrian conflict have been admitted from Jordan and Lebanon. It is planned that 80 additional refugees will be admitted from Lebanon before Christmas with a further hundred refugees expected to be admitted to Ireland from Lebanon in the New Year. The remaining cases will be admitted on a gradually increasing phased basis thereafter.

Coroners Service

Questions (331, 332, 333)

Mary Mitchell O'Connor

Question:

331. Deputy Mary Mitchell O'Connor asked the Minister for Justice and Equality why three death certificates were issued, containing incorrect information each time, by the coroner, in relation to a person (details supplied); and if she will make a statement on the matter. [41637/15]

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Mary Mitchell O'Connor

Question:

332. Deputy Mary Mitchell O'Connor asked the Minister for Justice and Equality on whom a post mortem was performed on 29 December 2014 by the coroner, as the person named (details supplied) had already died and been buried on 12 December 2014; and if she will make a statement on the matter. [41638/15]

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Mary Mitchell O'Connor

Question:

333. Deputy Mary Mitchell O'Connor asked the Minister for Justice and Equality on what body parts and organs was a post mortem carried out on by the coroner on 29 December 2014 in relation to a person; and if she will make a statement on the matter. [41639/15]

View answer

Written answers

I propose to take Questions Nos. 331 to 333, inclusive, together.

The primary legislation currently applicable to coroners is the Coroners Act 1962. Under this legislation, a coroner is a statutory officer exercising quasi-judicial functions, in relation to which he or she is independent. As Minister for Justice and Equality, I have no role in the conduct of individual cases and it is therefore not open to me or to my Department to intervene in or to comment on this particular case.

Deportation Orders Re-examination

Questions (334)

Bernard Durkan

Question:

334. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected status in the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [41640/15]

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 made on 01 July 2011.

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.

Citizenship Applications

Questions (335)

Pádraig MacLochlainn

Question:

335. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of applications for citizenship processed in 2015 to date; and the percentage of these that were processed within six months. [41650/15]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the number of citizenship applications that have received a decision so far in 2015 is 11,900.

Over 70% of these cases were decided within six months of receipt of a valid application.

Questions Nos. 336 to 338, inclusive, answered with Question No. 330.

Immigration Status

Questions (339)

Bernard Durkan

Question:

339. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of a person (details supplied) in Dublin 22 in respect of the progress to date in determining representations made pursuant to section 3(11) of the Immigration Act 1999 (as amended); and if she will make a statement on the matter. [41663/15]

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 made on 15 December, 2009.

Representations were received from the person concerned pursuant to Section 3(11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. I am also advised that the person concerned applied for a right of residency in the State, accompanied by the right to work, based on his parentage of an Irish citizen child in October, 2015. Both of these applications are under consideration at present.

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.

Freedom of Information Requests

Questions (340)

Éamon Ó Cuív

Question:

340. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality when information initially requested by this Deputy on 10 July 2015 under the freedom of information legislation will be provided, given that a revised request refining the request of 10 September 2015 was agreed, at the request of her Department; the reason for the delay; and if she will make a statement on the matter. [41689/15]

View answer

Written answers

I wish to advise the Deputy that a reply to his request under the Freedom of Information Act 2014 is being finalised.

The request required the examination of a considerable volume of material.

This examination is now complete and I expect a response will issue in the coming days.

Garda Vetting Applications

Questions (341)

Michelle Mulherin

Question:

341. Deputy Michelle Mulherin asked the Minister for Justice and Equality the reason for the delay in processing an application for Garda Síochána vetting of a person (details supplied) in County Mayo; if the vetting will be expedited so that the person can apply for social housing. [41707/15]

View answer

Written answers

I am informed by the Garda authorities that it is not possible to check the status of the vetting application referred to in the absence of the individual's date of birth.

If the Deputy wishes to contact my office with this additional information further enquiries will be made regarding the vetting application.

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