Written Answers Nos. 180-189
180. Deputy Brendan Griffin asked the Minister for Justice and Equality if the four-year clause relating to divorce proceedings will be reviewed; if it requires constitutional or legislative change; the reason for the delay; and if she will make a statement on the matter. [1671/16]
View answerThe Fifteenth Amendment of the Constitution Act, approved by the people in 1995, set out the constitutional basis for the grant of a dissolution of a marriage. Under Article 41.3.2 of the constitution, a court may grant a dissolution of marriage "where, but only where, it is satisfied that - i. at the date of institution of proceedings, the spouses have lived apart from one another for a period of, or periods amounting to, at least four years during the previous five years, ii. there is no reasonable prospect of a reconciliation between the spouses, iii. such provision as the Court considers proper having regard to the circumstances exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law, and iv. any further conditions prescribed by law are complied with."
Accordingly, a reduction of the time period to obtain a divorce would require a constitutional change, and ultimately this is a matter for the People. I have indicated that this is an issue that deserves to be reviewed.
181. Deputy Micheál Martin asked the Minister for Justice and Equality the number of Garda stations and the number of gardaí in each in County Kerry on 1 January 2011 and on 1 January 2016; and if she will make a statement on the matter. [1689/16]
View answerAs the Deputy will be aware 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 number of Garda stations and the number of Gardaí in the Kerry Garda Division on the 31 December 2010 and on 30 November 2015, the latest dates for which figures are readily available was as set out in the table below.
This Government is committed to ensuring that An Garda Síochána has the capacity to provide effective and visible policing throughout the country. A crucial element of the Government's strategy is ensuring ongoing seamless recruitment to renew An Garda Síochána.
With this in mind Budget 2016 made provision for the recruitment of 600 new Gardaí this year bringing to 1,150 the number of new Gardaí who will have been recruited since the reopening of the Garda College in Templemore in September 2014. So far 295 of these new recruits have been fully attested and are undertaking Garda duties in communities nationwide. I am assured by Garda management that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí and I have been informed that 10 Probationer Garda have been assigned to the Kerry Division.
I am very pleased that the 2016 recruitment campaign announced last November, and which closed on 6 January, has attracted strong interest with in the region of 16,500 applications received by the Public Appointments Service which is organising the competition on behalf of the Garda Commissioner.
Kerry Garda Division 31 December 2010
|
Division |
District |
Station |
Total |
|
KERRY |
BALLINSKELLIGS |
1 |
|
|
CAHERCIVEEN |
24 |
||
|
CASTLEMAINE |
1 |
||
|
GLENBEIGH |
1 |
||
|
KILLORGLIN |
13 |
||
|
PORTMAGEE |
1 |
||
|
SNEEM |
2 |
||
|
VALENTIA ISLAND |
1 |
||
|
CAHERCIVEEN |
WATERVILLE |
1 |
|
|
Total |
45 |
||
|
CASTLEISLAND |
12 |
||
|
FARRANFORE |
2 |
||
|
KENMARE |
9 |
||
|
KILGARVAN |
1 |
||
|
KILLARNEY |
70 |
||
|
KILLARNEY |
LAURAGH |
1 |
|
|
Total |
95 |
||
|
BALLYBUNION |
10 |
||
|
BALLYDUFF |
1 |
||
|
BALLYHEIGUE |
2 |
||
|
BALLYLONGFORD |
1 |
||
|
BROSNA |
1 |
||
|
KNOCKNAGOSHALL |
1 |
||
|
LISTOWEL |
38 |
||
|
LIXNAW |
1 |
||
|
MOYVANE |
2 |
||
|
LISTOWEL |
TARBERT |
1 |
|
|
Total |
58 |
||
|
ABBEYDORNEY |
1 |
||
|
ANNASCAUL |
1 |
||
|
ARDFERT |
2 |
||
|
BALLYFERRITER |
1 |
||
|
CAMP |
1 |
||
|
CASTLEGREGORY |
1 |
||
|
CLOCHAN |
1 |
||
|
DINGLE |
9 |
||
|
FENIT |
1 |
||
|
TRALEE |
TRALEE |
118 |
|
|
Total |
136 |
||
|
Total |
35 Stations |
334 |
Kerry Garda Division 30 November 2015
|
Division |
District |
Station |
Total |
|
KERRY |
CAHERCIVEEN |
16 |
|
|
GLENBEIGH |
1 |
||
|
KENMARE |
11 |
||
|
KILLARNEY |
57 |
||
|
KILLORGLIN |
12 |
||
|
PORTMAGEE |
1 |
||
|
SNEEM |
1 |
||
|
KILLARNEY |
WATERVILLE |
1 |
|
|
Total |
100 |
||
|
BALLYBUNION |
7 |
||
|
BALLYDUFF |
1 |
||
|
BALLYHEIGUE |
1 |
||
|
KNOCKNAGOSHALL |
1 |
||
|
LISTOWEL |
39 |
||
|
LIXNAW |
1 |
||
|
LISTOWEL |
TARBERT |
2 |
|
|
Total |
52 |
||
|
AN DAINGEAN |
9 |
||
|
ANNASCAUL |
1 |
||
|
ARDFERT |
2 |
||
|
BAILE AN FHEIRTÉARAIG |
1 |
||
|
CASTLEGREGORY |
2 |
||
|
CASTLEISLAND |
31 |
||
|
CASTLEMAINE |
1 |
||
|
FARRANFORE |
2 |
||
|
TRALEE |
TRALEE |
99 |
|
|
Total |
148 |
||
|
Total |
24 Stations |
300 |
182. Deputy Micheál Martin asked the Minister for Justice and Equality the number of Garda Síochána stations and the number of gardaí in each, in County Tipperary on 1 January 2011 and on 1 January 2016; and if she will make a statement on the matter. [1690/16]
View answerAs the Deputy is aware 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, security assessments, and policing priorities so as to ensure that the best possible use is made of Garda resources.
I have been informed by the Garda Commissioner that the number of Garda stations and the number of Gardaí in the Tipperary Garda Division on 31 January 2011 and on 30 November 2015 (the latter being the latest date for which figures are readily available) are as set out in the tables below.
This Government is committed to ensuring that An Garda Síochána has the capacity to provide effective and visible policing throughout the country. A crucial element of the Government's strategy is ensuring ongoing seamless recruitment to renew An Garda Síochána. With this in mind Budget 2016 made provision for the recruitment of 600 new Gardaí this year bringing to 1,150 the number of new Gardaí who will have been recruited since the reopening of the Garda College in September 2014. So far 295 of these new recruits have been fully attested and are undertaking Garda duties in communities nationwide. I am assured by Garda management that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí and in this context five Probationer Gardaí were assigned last year to the Tipperary Division.
I am very pleased that the 2016 recruitment campaign announced last November and which closed on 6 January has attracted strong interest with in the region of 16,500 applications received by the Public Appointments Service which is organising the competition on behalf of the Garda Commissioner.
Garda strengths for TIPPERARY Division as of 31 December 2010
|
Division |
District |
Station |
Total |
|
ARDFINNAN |
2 |
||
|
BALLYPOREEN |
1 |
||
|
CAHIR |
43 |
||
|
CASHEL |
14 |
||
|
CLOGHEEN |
1 |
||
|
CAHIR |
NEW INN |
1 |
|
|
Total |
62 |
||
|
CARRICK-ON-SUIR |
15 |
||
|
CLONMEL |
51 |
||
|
FETHARD |
3 |
||
|
GRANGEMOCKLER |
1 |
||
|
CLONMEL |
KILSHEELAN |
1 |
|
|
Total |
71 |
||
|
BORRISOKANE |
6 |
||
|
CLOUGHJORDAN |
1 |
||
|
LORRHA |
1 |
||
|
NENAGH |
38 |
||
|
NEWPORT |
11 |
||
|
PORTROE |
1 |
||
|
NENAGH |
TOOMEVARA |
2 |
|
|
Total |
60 |
||
|
BORRISOLEIGH |
1 |
||
|
MONEYGALL |
1 |
||
|
MOYNE |
2 |
||
|
REARCROSS |
1 |
||
|
ROSCREA |
20 |
||
|
TEMPLEMORE |
38 |
||
|
TEMPLEMORE |
TEMPLETUOHY |
1 |
|
|
Total |
64 |
||
|
BALLINGARRY SOUTH |
2 |
||
|
HOLYCROSS |
1 |
||
|
KILLENAULE |
5 |
||
|
LITTLETON |
1 |
||
|
THURLES |
THURLES |
75 |
|
|
Total |
89 |
||
|
BANSHA |
1 |
||
|
CAPPAWHITE |
1 |
||
|
DUNDRUM |
1 |
||
|
EMLY |
1 |
||
|
GOLDEN |
1 |
||
|
TIPPERARY TOWN |
TIPPERARY TOWN |
32 |
|
|
TIPPERARY |
Total |
37 |
|
|
TIPPERARY |
Total |
36 Stations |
378 |
Garda strengths for TIPPERARY Division as of 30 November 2015
|
Division |
District |
Station |
Total |
|
|
ARDFINNAN |
1 |
|||
|
BALLYPOREEN |
1 |
|||
|
CAHIR |
48 |
|||
|
CASHEL |
12 |
|||
|
CAHIR |
CLOGHEEN |
1 |
||
|
Total |
63 |
|||
|
CARRICK-ON-SUIR |
15 |
|||
|
CLONMEL |
51 |
|||
|
FETHARD |
1 |
|||
|
KILSHEELAN |
1 |
|||
|
CLONMEL |
MULLINAHONE |
1 |
||
|
Total |
69 |
|||
|
BORRISOKANE |
5 |
|||
|
CLOUGHJORDAN |
1 |
|||
|
LORRHA |
1 |
|||
|
MONEYGALL |
1 |
|||
|
NENAGH |
39 |
|||
|
NEWPORT |
11 |
|||
|
PORTROE |
1 |
|||
|
ROSCREA |
17 |
|||
|
NENAGH |
TOOMEVARA |
1 |
||
|
Total |
77 |
|||
|
BALLINGARRY SOUTH |
1 |
|||
|
BORRISOLEIGH |
1 |
|||
|
KILLENAULE |
4 |
|||
|
TEMPLEMORE |
23 |
|||
|
TEMPLETUOHY |
1 |
|||
|
THURLES |
THURLES |
74 |
||
|
Total |
104 |
|||
|
BANSHA |
1 |
|||
|
CAPPAWHITE |
1 |
|||
|
DUNDRUM |
1 |
|||
|
GOLDEN |
1 |
|||
|
TIPPERARY TOWN |
TIPPERARY TOWN |
37 |
||
|
TIPPERARY |
Total |
41 |
||
|
Total |
30 Stations |
354 |
183. Deputy Lucinda Creighton asked the Minister for Justice and Equality the actions taken by her arising from the recommendations made in the Law Reform Commission Report on Mandatory Sentences dated July 2013, in tabular form; and if she will make a statement on the matter. [1721/16]
View answerThe position in relation to the recommendations contained in the Law Reform Commission Report on Mandatory Sentences is summarised in a tabular form below. However, I would also like to draw the Deputy's attention to the Report of the Penal Policy Review Group which was tasked with carrying out a strategic review of penal policy. That report, which I published in September 2014, made a number of recommendations about sentencing. Adopting an approach similar to the LRC in its Report, the Review Group recommended that no further mandatory sentences or presumptive minimum sentences be introduced and existing provisions should be reviewed. At the time of publication of the report I pointed out that it was my preference to maintain the minimum mandatory life sentence for murder as was also recommended by the LRC. The recommendations of the Review Group, and the LRC, about sentencing are still under consideration within my Department.
More generally, and as the Deputy will appreciate, judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. The approach of the Oireachtas has generally been to specify in law a maximum penalty for an offence, so that a court, having considered all the circumstances of a case, may impose an appropriate penalty up to that maximum. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present. An important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Appeal to review a sentence she regards as unduly lenient.
The Superior Courts have developed a substantial body of case law setting out general principles of sentencing. Sentencing practice is also being developed by a steering committee of the judiciary which developed the Irish Sentencing Information System website, a pilot initiative designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. This system is being developed as a valuable tool not only for members of the judiciary but also for lawyers, researchers and those concerned with the needs of victims and their families, and I very much support the initiative led by the Judiciary through the Judicial Research Office in undertaking the detailed work of gathering and providing information on sentencing via the website.
The Deputy may also wish to note that in 2014, the Court of Criminal Appeal issued a number of judgments which addressed the question of sentencing and which acknowledged the many factors that can be considered in individual cases which undermine the usefulness of direct comparisons between one case and another. Nonetheless, every effort to promote consistency should be made and in this respect it is appropriate for the courts to provide guidance on sentencing matters.
REPORT ON MANDATORY SENTENCES (LRC 108-2013)- CHAPTER 6 SUMMARY OF RECOMMENDATIONS
|
6.01 |
The recommendations made by the Commission in this Report are as follows: |
|
|
6.02 |
The Commission supports the recommendations made in 2000, and reiterated in 2011, that a Judicial Council be empowered to develop and publish suitable guidance or guidelines on sentencing, which would reflect the general aims of criminal sanctions and the principles of sentencing discussed in this Report. The Commission also recommends that such guidance or guidelines should have regard to: (i) the sentencing guidance and guidelines available from decisions of the Supreme Court and the Court of Criminal Appeal (including those discussed in this Report); (ii) the aggravating and mitigating factors, and individual offender characteristics, identified in the Commission’s 1996 Report on Sentencing and developed by the courts since 1996; and (iii) information in relevant databases including, in particular, the Irish Sentencing Information System (ISIS). [paragraph 1.128] |
A Judicial Council Bill is in the course of preparation which will, inter alia, provide for the establishment of a Judicial Studies Committee. In its present form, the Bill envisages that this Committee would have the function of disseminating information on the sentencing of persons convicted of criminal offences |
|
6.03 |
The Commission, by a majority, recommends that the mandatory life sentence for murder be retained. [paragraph 3.76] |
No specific action is necessary to give effect to this recommendation |
|
6.04 |
The Commission recommends that where an offender is convicted of murder, and is therefore sentenced to life imprisonment, legislation should provide that the judge may recommend a minimum term to be served by the offender. [paragraph 3.84] |
This recommendation is currently under consideration in my Department |
|
6.05 |
The Commission recommends that the Parole Board be established on an independent statutory basis, and welcomes the Government’s proposal to introduce legislation bringing about this effect. [paragraph 3.86] |
Consideration of measures required to place the Parole Board on a statutory footing is underway |
|
6.06 |
The Commission recommends that the following be repealed: (i) the presumptive minimum sentencing regime applicable to drugs offences under section 27(3C) of the Misuse of Drugs Act 1977, and (ii) the presumptive minimum sentencing regime applicable to firearms offences under section 15 of the Firearms Act 1925; section 26, section 27, section 27A and section 27B of the Firearms Act 1964; and section 12A of the Firearms and Offensive Weapons Act 1990. The Commission also recommends that the use of presumptive minimum sentencing regimes should not be extended to other offences. [paragraph 4.238] |
The recommendations about sentencing are still under consideration within my Department |
|
6.07 |
The Commission also recommends that a more structured, guidance-based sentencing system (as envisaged in the recommendations made in Chapter 1) would provide an appropriate alternative to these provisions. In the context of drug-related crime, the Commission also considers that law enforcement efforts may be beneficially supplemented by other initiatives, such as those highlighted in the research conducted by the Health Research Board and the Misuse of Drugs work sector of the British-Irish Council. [paragraph 4.239] |
See main body of reply given above |
|
6.08 |
The Commission recommends that the following be repealed: (i) the presumptive sentencing regime applicable to serious repeat offences under section 25 of the Criminal Justice Act 2007; (ii) the mandatory minimum sentencing regime applicable to repeat drug offences under section 27(3F) of the Misuse of Drugs Act 1977; and (iii) the mandatory minimum sentencing regime applicable to repeat firearms offences under section 15(8) of the Firearms Act 1925; section 26(8), section 27(8), section 27A(8), and section 27B(8) of the Firearms Act 1964; and section 12A(13) of the Firearms and Offensive Weapons Act 1990. The Commission also recommends that the use of presumptive and mandatory minimum sentencing regimes should not be extended to other forms of repeat offending. [paragraph 5.133] |
The recommendations about sentencing are still under consideration within my Department |
|
6.09 |
The Commission also recommends that a more structured, guidance-based sentencing system (as envisaged in the recommendations made in Chapter 1) would provide an appropriate alternative to these provisions. [paragraph 5.134] |
See main body of reply given above |
184. Deputy Lucinda Creighton asked the Minister for Justice and Equality further to Parliamentary Question No. 311 of 24 November 2015, when the up-to-date report from An Garda Síochána will be complete and when she will contact this Deputy with the statistical data sought; and if she will make a statement on the matter. [1722/16]
View answerI have recently received the report requested from the Garda authorities and am informed that, as of 25 November, 2015, there were a total of 29,233 bench warrants awaiting execution. The House will appreciate that at any given time there will inevitably be a significant number of warrants outstanding as indicated by the fact that the House was informed in May 2010 that at the time 37,394 bench warrants were recorded as unexecuted. The attached table shows the number of bench warrants outstanding in each Garda Division on 25 November, 2015. I am further informed that is not possible to identify the number of unexecuted warrants as they relate to the years 2011 to 2014.
As the Deputy will appreciate, difficulties in relation to the execution of warrants are a long standing issue for many police forces around the world, notably relating to persons actively seeking to evade detection and the limited identification information which might be available to support enforcement. These difficulties are compounded where the warrant has been outstanding for some years, as is often the case. An Garda Síochána gives priority to the execution of warrants relating to serious crimes. A welcome analysis of this issue was provided by the Garda Síochána Inspectorate in their report on Crime Investigation of November 2014. The Inspectorate Report acknowledges the difficulties often faced by Gardaí in pursuing the execution of warrants but it also points to deficiencies in the current systems, some of which are tied to the available technology for recording and monitoring information on warrants. In this regard the Government is providing a very important investment in new Garda technology under the Capital Plan 2016 – 2021, amounting to €205m over the life of the Plan, with a view to modernising Garda information systems to support policing services.
In addition, as part of the overall strategic transformation programme underway in An Garda Síochána, a Warrants Review Group has been working on means of better managing and enforcing warrants taking on board the Inspectorate’s analysis. A number of improvements have been put in place, including greater use of clerical support staff which helps to free up Gardaí to concentrate on the execution as opposed to the administration of warrants. I am further advised that warrants enforcement is a recurring agenda item at Garda Senior Management Meetings, as well as regional performance and accountability meetings, to ensure that the situation is continually monitored.
Bench warrants awaiting execution in each Garda Division on 25 November 2015
|
Region |
Division |
Bench Warrants |
|
Dublin Region |
D.M.R. Eastern |
621 |
|
Dublin Region |
D.M.R. North Central |
5,674 |
|
Dublin Region |
D.M.R. Northern |
2,999 |
|
Dublin Region |
D.M.R. South Central |
2,168 |
|
Dublin Region |
D.M.R. Southern |
3,276 |
|
Dublin Region |
D.M.R. Western |
4,530 |
|
Eastern Region |
Kildare |
1,029 |
|
Eastern Region |
Laois / Offaly |
200 |
|
Eastern Region |
Meath |
691 |
|
Eastern Region |
Westmeath |
379 |
|
Eastern Region |
Wicklow |
413 |
|
Northern Region |
Cavan / Monaghan |
603 |
|
Northern Region |
Donegal |
477 |
|
Northern Region |
Louth |
584 |
|
Northern Region |
Sligo / Leitrim |
172 |
|
South Eastern Region |
Kilkenny / Carlow |
503 |
|
South Eastern Region |
Tipperary |
339 |
|
South Eastern Region |
Waterford |
342 |
|
South Eastern Region |
Wexford |
415 |
|
Southern Region |
Cork City |
740 |
|
Southern Region |
Cork North |
260 |
|
Southern Region |
Cork West |
130 |
|
Southern Region |
Kerry |
633 |
|
Southern Region |
Limerick |
635 |
|
Western Region |
Clare |
196 |
|
Western Region |
Galway |
718 |
|
Western Region |
Mayo |
313 |
|
Western Region |
Roscommon / Longford |
193 |
|
TOTAL |
29,233 |
185. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will consider upgrading stamp 2 to stamp 4 for persons (details supplied) in Dublin 8; and if she will make a statement on the matter. [1777/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons mentioned by the Deputy who entered the State as students in 2006 have now exhausted the time allowed for students in the State. As an exceptional measure they were issued with permission on 12 November 2014 for one year to afford them the opportunity to apply to the for an employment permit based position.
All non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students" which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as degree students, subject to the provisions of the new regime, for a maximum period of seven years. Three years are permitted at non-degree level. As such they do not qualify for Stamp 4 status.
An application was received from the persons named on 16 November 2015. This application will be processed in due course.
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.
186. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will consider a transfer of a person (details supplied) in County Cork; and if she will make a statement on the matter. [1779/16]
View answerFollowing earlier requests from this person to move her family from their current accommodation, an offer of accommodation at an alternative centre has been issued by the Reception and Integration Agency and has been accepted by the person in question. I understand that the move will occur in the coming days.
187. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if all documentation requested in the case of a person (details supplied) in County Meath has been received as requested; if eligibility will be favourably considered; and if she will make a statement on the matter. [1780/16]
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. This case is currently under consideration and a decision will be conveyed in writing to the person concerned shortly.
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.
188. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status and eligibility for naturalisation of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [1781/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned wrote to INIS on 8 June 2015 requesting permission to register permission to reside in the State, which was granted in June, 2011, with the Garda National Immigration Bureau (GNIB) in the absence of his EU Citizen spouse. I understand that INIS wrote to the person's legal representatives on 12 January, 2016 in relation to additional information required concerning a delay of four years by the person concerned in registering the permission. I am assured that the application will be considered further by INIS in the context of any response received.
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.
189. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed by a person (details supplied) in Dublin 2 in regularising that person's position and if consideration will be given to alleviating the family's hardship and to regularising the position; and if she will make a statement on the matter. [1783/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order and therefore has no entitlement to residency in the State.
Representations were 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 under consideration at present. In the mean-time, the Deportation Order remains in place.
On 14 August 2013, the UK made a formal request to Ireland to have the family members of the person concerned transferred back here. The requests were accepted by Ireland on 29 August 2013 but to date no transfers have taken place.
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 to long awaited.
