Written Answers Nos. 96-102
96. Deputy Noel Harrington asked the Minister for Justice and Equality to defer an order for refusal to remain in the State for a national of the United States of America (details supplied); and if she will make a statement on the matter. [2593/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the additional material received in the past few days is currently under consideration and that they will be in contact the person concerned in the near future.
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.
97. Deputy John Paul Phelan asked the Minister for Justice and Equality the number of gardaí in the Carlow and Kilkenny division on 1 January in each of the years 2000, 2004, 2008, 2012 and 2016; and if she will make a statement on the matter. [2603/16]
View answerAs 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 continual review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of resources. The information for the 31 December 2011 and for the 30 November 2015, the latest dates for which figures are readily available was as set out in the following table. I have requested the details of the Garda strength in the Carlow/Kilkenny Division for 31 December 1999, 2003 and 2007 from the Garda Commissioner and will forward this information to the Deputy directly on receipt of same.
Carlow / Kilkenny
|
Year |
Garda |
|
31 Dec 2011 |
303 |
|
30 Nov 2015 |
284 |
98. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the status of the Spent Convictions Bill 2012; and if she will make a statement on the matter. [2611/16]
View answerI refer the Deputy to my response to Questions Nos. 272 and 281 of 19 January as set out as follows.
I understand that the Spent Convictions Bill 2012 is scheduled to be re-committed to Committee Stage in the Dáil next week. A decision on scheduling the Bill for Report and Final Stages will be made by the Dáil at that juncture.
Before the Bill could be enacted, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill. That review has been completed and amendments to the Vetting Act 2012 and consequential amendments to the Spent Convictions Bill will be brought by me before Committee in the Dáil. Pending the amendment of the Bill, an Administrative Filter for Garda Vetting Disclosures has been introduced, which provides that certain minor offences that are over 7 years old are no longer disclosed.
The principal amendments which I will bring before the Dáil propose giving effect to these procedures by amending both the Spent Convictions Bill and the National Vetting Bureau (Children & Vulnerable Persons) Act 2012. However, I also propose retaining the existing provisions in the Spent Convictions Bill which allow more serious convictions which result in penalties of up to 12 months imprisonment to become spent, where persons are not working in positions covered by the Vetting Act 2012. A copy of the Administrative Filter is set out below.
Garda Vetting Procedures
Administrative Filter
In anticipation of the amendment and commencement of the National Vetting Bureau Act 2012, an administrative filter in respect of Garda Vetting Unit Disclosures will operate in accordance with the following procedural guidelines.
A. Criminal Convictions to be disclosed in all cases:
1) Offences Against the Person.
2) Sexual Offences
3) Convictions on indictment.
B. District Court Convictions which will not be disclosed:
1) Motoring Offences:
District Court convictions for motoring offences will not be disclosed after 7 years even where more recent offences have been committed. This is because it is considered that old minor motoring offences would not be relevant due to the passage of time.
2) Minor Public Order Offences:
The following convictions under the Criminal Justice (Public Order) Act 1994 will not be disclosed if the offence is over 7 years old even where more recent offences have been committed:
- Section 4 (Intoxication),
- Section 5 (Disorderly conduct),
- Section 6 (Threatening, abusive or insulting behaviour),
- Section 7 (Distribution or display of material which is offensive),
- Section 8 (Failure to comply with direction of Garda),
- Section 9 (Wilful obstruction).
3) Other minor offences – 1 Only:
District Court convictions for any other minor offence will not be disclosed after 7 years where the person has one such offence only (excluding motoring or public order offences over 7 years old). This provision does not apply to offences against the person or to sexual offences.
C. Probation Act Provisions
Where persons have been dealt with by a district court in accordance with the provisions of section 1(1) (i) or 1 (1) (ii) of the Probation Act 1907, the offences will not be disclosed except in cases where the circumstances of the offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person.
Where persons have been dealt with by a court in accordance with section 1 (2) of the Probation Act, these will be disclosed in all cases. (Section 1 (2) relates solely to persons “convicted on indictment”.)
D. Offences in respect of which a person is charged but subsequently not prosecuted or acquitted.
Non convictions will be considered for disclosure where the circumstances of an offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person. This information will only be disclosed if the information is of such a nature that its disclosure is necessary, proportionate and reasonable in the circumstances for the protection of children or vulnerable persons, or both, as the case may be.
The Garda Central Vetting Unit will make such decision in the context of:
- The information concerned
- The relevance of the information to the type of work/activity
- The source and reliability of the information
- The rights of the vetting applicant and any submissions made by them.
Where the GCVU makes a determination to disclose information under this section the GCVU will:
- Notify the person who is the subject of the application for the vetting disclosure concerned, in writing, of its determination and of the reasons for it,
- Provide to the person a copy of the information to be disclosed,
- Notify the person of the intention to disclose the information to an Authorised Signatory for the registered organisation concerned after the expiry of 14 days from the date of notification, and
- Allow the applicant the opportunity to make a written submission.
- There will also be an appeals process in respect of a decision to disclose the information.
The GCVU will not issue a vetting disclosure in respect of a person until this process has been completed.
99. Deputy Micheál Martin asked the Minister for Justice and Equality further to Parliamentary Question No. 182 of 14 January 2016 (details supplied), the number of gardaí in Mullinahone Garda station in County Tipperary at the end of 2010, as this information did not appear in the Garda Síochána reply. [2636/16]
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 there were no Gardaí assigned to Mullinahone Garda station on 31 December 2010 and that as of the 30 November 2015 the latest date for which figures are available there was 1 Garda assigned to the station. I am also advised that the assignment of Gardaí to sub-district stations is subject to continual review and alteration by local Garda management in the context of policing priorities and resources available.
100. Deputy Niall Collins asked the Minister for Justice and Equality if she will develop a new Garda station building on the same site as the current station, which was built nearly 30 years ago and is now considered by many to be inadequate to cater for the needs of a major population centre, given that there are no plans to build a second Garda station in Tallaght in Dublin 24; and if she will make a statement on the matter. [2638/16]
View answerThe programme of replacement and refurbishment of Garda accommodation around the country is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has the responsibility for the provision and maintenance of Garda accommodation.
I am advised by the Garda Commissioner that in addition to the existing accommodation at Tallaght Garda Station, the OPW has provided additional accommodation at the Plaza Office Complex, Tallaght.
101. Deputy Sean Fleming asked the Minister for Justice and Equality the funding schemes in place through her Department or through non-Government agencies funded by her Department to give a grant to non-Irish persons who are being repatriated to their own country and who agree to go voluntarily; if such a grant scheme is available in relation to the costs of returning home and the cost of flights; if any other funds are available; and if she will make a statement on the matter. [2648/16]
View answerThe Irish Naturalisation and Immigration Service (INIS) of my Department in conjunction with the International Organisation for Migration (IOM) offers voluntary assisted return and reintegration programmes for asylum seekers, failed asylum seekers and other illegally present migrants.
Asylum seekers or failed asylum seekers who have not had a Deportation Order made against them are returned under the Voluntary Assisted Return and Reintegration Programme (VARRP). Other illegally present migrants are returned under the Irregular Voluntary Assisted Return and Reintegration Programme (IVARRP), which is co-funded by the EU on a 50/50 basis.
Under these programmes, the flights home for such persons are paid and where required, the IOM will assist in securing travel documents and give assistance at the airport at departure and arrival.
Persons planning to return voluntarily under these programmes can apply for reintegration assistance before they depart which they can then access once they have returned to their home country. Irish reintegration assistance is in the form of a payment in kind; for example to help starting up a small business, or to revive an existing one, vocational training classes or educational courses. The value of this reintegration assistance for single individuals is up to €600 and for families up to €1,000.
In addition to the two IOM programmes referred to above, my Department also assists people who are illegally present in the State and wish to return home voluntarily by covering the cost of the flight, if necessary, and assisting in securing travel documents.
102. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to review the case of a person (details supplied) in County Kildare whose case for naturalisation is beyond doubt but who, due to a variety of circumstances, has not yet achieved this objective; if, as indicated in a reply to a previous parliamentary question, she will take into account the requisite documentary evidence herewith attached as a prelude to naturalisation; and if she will make a statement on the matter. [2669/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of a current application for a certificate of naturalisation from the person referred to by the Deputy.
As I advised the Deputy in my response to his Parliamentary Question No. 299 of 19 January 2016, it is open to the individual concerned to lodge a new application for citizenship in accordance with the provisions of the Irish Nationality and Citizenship Act 1956 as amended. The individual may include whatever documentary evidence she considers relevant in support of any new application.
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 the residency requirements are met.
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.
