Written Answers Nos. 336-348
336. Deputy Denis Naughten asked the Minister for Justice and Equality to set out the number of persons imprisoned for the non-payment of fines in 2014 and in 2015 to date; the reason for the delay in implementing the provisions of the Fines (Payment and Recovery) Act 2014; the impact this will have on the release of Garda Síochána manpower; and if she will make a statement on the matter. [46000/15]
View answerI am advised by the Irish Prison Service that the number of persons who were imprisoned for non-payment of fines in 2014 was 8,154. The information for 2015 is not currently available.
I can further advise the Deputy that the number of such persons held in custody at any one time is a tiny fraction of the overall prisoner population. To illustrate this point, on 16 December 2015, 3 people or 0.08 percent out of a prison population of 3,731, in custody fell into this category.
In terms of the Fines (Payments and Recovery) Act 2014 I can inform the Deputy that the Act was signed into law by the President on 16 April 2014. This legislation represents a very significant change in the way justice is administered by the courts. As well as introducing an option for persons to pay fines by instalment, there are also changes in the way those who fail to pay fines are dealt with, as the Act provides a range of options available to judges including recovery orders, attachment of earnings, community service and ultimately imprisonment. It is envisaged that the system will become operational in January 2016.
337. Deputy Micheál Martin asked the Minister for Justice and Equality to outline her views on correspondence (details supplied) regarding the handling of the Stardust fire tragedy. [46040/15]
View answerI am aware of the correspondence referred to by the Deputy. Following my meeting with the Stardust Victims Committee last year I appointed an official in my Department to liaise with them in relation to matters about which they have expressed concern.
A researcher associated with the Stardust Victims' Committee submitted material relating to these events to my Department and a meeting was held with them and another researcher associated with the Committee, on 23 April this year. The official in my Department who liaises with the Committee undertook to examine this material and, following such an examination, a draft preliminary analysis was prepared in my Department and this draft was issued to the Committee in July of this year. The Committee were invited to examine this draft analysis and provide any commentary they wished to make on it. The Committee's response to this draft analysis was provided by way of a presentation made by researchers associated with the Committee; this presentation was made on 30 September 2015. The views and materials presented at that meeting have now been examined in my Department and on 30 November further documentation was issued by my Department to the Committee in this connection.
The Committee has been in contact with my Department in recent days and have indicated that there is further material that they wish to be considered by my Department; they have informed my Department that such material will be submitted early in the new year.
338. Deputy Brendan Smith asked the Minister for Justice and Equality to outline the status of the proposal to provide a new Garda Síochána district headquarters in Bailieboro in County Cavan, including what stage the proposal is at, if a site has been identified and when it will proceed to tender and construction stage. [46057/15]
View answer364. Deputy Brendan Smith asked the Minister for Justice and Equality to outline the status of the proposal to provide a new Garda Síochána district headquarters in Bailieboro in County Cavan, including the stage it is at, if a site has been identified and when the project is likely to proceed to tender and construction stage; and if she will make a statement on the matter. [46230/15]
View answerI propose to take Questions Nos. 338 and 364 together.
The Garda Station Building and Refurbishment Programme 2016-2021, which I announced recently with my colleague the Minister of State at the Office of Public Works (OPW), is based on agreed priorities which are established by An Garda Síochána. Over thirty locations around the country will benefit from the programme which includes major refurbishment of stations/facilities including facilities for meeting victims of crime; essential remedial works to existing stations; development of large scale property and exhibit management stores and the upgrade of cells and provision of improved custody management facilities. The programme will be delivered by the Garda authorities in co-operation with the OPW which has responsibility for capital expenditure in this area. In this context, the development of a new Garda station at Bailieboro is included in the programme and will be developed following the acquisition of a suitable site.
339. Deputy Niall Collins asked the Minister for Justice and Equality to set out the current strength of An Garda Síochána Reserve and the full-year cost of increasing it to 2,500. [46058/15]
View answerAs the Deputy will appreciate, the recruitment and training of the Garda Reserve is a matter for the Garda Commissioner, and I as Minister have no direct role in the matter.
I am informed by the Garda Commissioner that the annual allowance payable to Reserve Gardaí as a contribution towards their expenses is set at €1,000 per annum. In addition, the uniform cost per Reserve Garda is in the region of €1,300. As such the cost of increasing the strength of the Garda Reserve to 2,500 from the current figure of 978 attested Reserve Gardaí (plus a further 21 at various stages of training) would amount approximately €3.5 million.
340. Deputy Niall Collins asked the Minister for Justice and Equality to outline the number of reports published by An Garda Síochána Inspectorate and the cost of these in each year since 2011. [46059/15]
View answerThe Garda Inspectorate has published five reports since 2011. The name of each report and associated costs of publication are set out in the following table.
|
Name of Report. |
Date Published |
Report Costs |
|
Responding to Child Sexual Abuse |
01 Feb 2012 |
€1,289 |
|
Front-line Supervision |
11 March 2013 |
€2,201 |
|
Fixed Charge Penalty System, A 21st Century Strategy. |
12 Mar 2014 |
€2,160 |
|
Crime Investigation |
11 Nov 2014 |
€36,711 |
|
Changing Policing in Ireland |
09 Dec 2015 |
€27,157 |
For the Deputy's information I would add that the budget for the Garda Inspectorate for 2016 is €1,255,000, of which the pay element is €862,000 and non-pay element is €393,000.
341. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will review an entitlement to residency for a person (details supplied) in County Cork given the health and other circumstances of the person and with a view to re-examining the extent to which the person was tortured in the person's homeland; and if she will make a statement on the matter. [46060/15]
View answerIf the person 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. This is in accordance with Section 19(1) of the Refugee Act, 1996 (as amended) which provides for the protection of the identity of protection applicants. Protection legislation also provides for the right of appeal at both the asylum and subsidiary protection stages of the process.
342. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to set out the residency status of a person (details supplied) in County Cork who has been in this jurisdiction for four years; and if she will make a statement on the matter. [46061/15]
View answerIf the person 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. This is in accordance with Section 19(1) of the Refugee Act, 1996 (as amended) which provides for the protection of the identity of protection applicants.
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.
343. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to set out the residency status of a person (details supplied) in Dublin 3, including the extent to which the person is eligible for long-term residency and naturalisation; and if she will make a statement on the matter. [46062/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department 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. I understand the person concerned was advised by correspondence which issued on 17 September, 2015 that the passport submitted in support of the application was forwarded to an outside agency for examination and verification. I am advised that INIS will be in contact with the person concerned as soon as the report is available.
The Irish Nationality and Citizenship Act 1956, as amended, sets out the conditions for naturalisation. It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if they meet the residency requirements.
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.
344. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to outline the residency status of a person (details supplied) in County Cork; and if she will make a statement on the matter. [46063/15]
View answerIf the person 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. This is in accordance with Section 19(1) of the Refugee Act, 1996 (as amended) which provides for the protection of the identity of protection applicants.
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.
345. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to outline the procedure to be followed by a person (details supplied) in County Galway in regularising residency status; and if she will make a statement on the matter [46064/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, in advance of a final decision being made.
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.
346. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will facilitate the return to this jurisdiction of persons (details supplied); and if she will make a statement on the matter. [46065/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons in question did have very short periods of permission to remain in the State some years ago. As they failed to renew their permission, they remained in the State without permission and it is for this reason that they were subsequently refused entry to the State.
As the persons in question are over 18 years of age, they are as such deemed to be adults in their own right. It is open to them to present to an immigration officer at the port of entry to enter the State as either students or as the holders of Employment Permits.
I wish to draw the Deputy's attention to the Family Reunification Policy Document which was published in December 2013. This document clearly sets out who may apply for permission under this policy and the criteria which applies to them. The outcome of an immigration decision in the area of family reunification depends on a number of factors: one of these being the security of the residence of the person with whom they seek to be reunited. Immediate family members of non-EEA sponsors will, if granted immigration permission, continue to be subject to the employment permit requirements and they will be entitled to apply for immigration status in their own right under the various channels available, i.e. student, work permit etc. However, it is important to bear in mind that any person is potentially free to make an application to me for permission to reside in Ireland in their own right and also to adduce inter alia in their application any familial relationships with a resident in the State.
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.
347. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to outline the position on the review of status for a person (details supplied) in County Mayo; and if she will make a statement on the matter. [46066/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned have been granted Leave to Remain in the State for the period to 14th December, 2016. This decision was conveyed in writing to the persons concerned by letters dated 14th December, 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.
348. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) in County Kildare can reapply for naturalisation given that the person is anxious to bring matters to a satisfactory conclusion and notwithstanding the previous decision in this case; and if she will make a statement on the matter. [46068/15]
View answerSection 15 of the Act provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation if satisfied certain statutory conditions are fulfilled. In particular, these conditions require that an applicant is of good character. 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 I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.
As I recently advised the Deputy, it is open to any individual to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. The fact that a person may have had an application refused does not preclude or disqualify them from submitting a fresh application in the future. Indeed, the letter advising the person concerned of the Minister's decision also informed him that he may reapply for the grant of a certificate of naturalisation at any time. The letter advised that, when considering making such a re-application, he should give due regard to the reasons for the refusal which were contained in the submission attached to the refusal letter and that any further application will be considered taking into account all statutory and administrative conditions applicable at the time of application.
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 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.
