Written Answers Nos. 193-208
193. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the details of applicants for asylum by country of origin, by successful and unsuccessful applications by country of origin for all applicants for 2014 and 2015; and if she will make a statement on the matter. [3744/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that detailed annual statistics in respect of the information requested by the Deputy for 2014 is published in the annual report of the Office of the Refugee Information Commissioner (ORAC). This information is available on the ORAC website www.orac.ie. While the data for 2015 is not yet finalised, similar information up to the end of November 2015 is also available on the website.
There was a 126% increase in asylum applications in 2015 compared to 2014.
There has been a marked increase in the number of applications from countries in southern Asia, in particular from Pakistan and Bangladesh over the 2 year period. I am concerned about this trend and potential abuses of the Common Travel Area.
194. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the details of deportation orders issued, by country of origin, by country of deportation to; and if she will make a statement on the matter. [3745/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a Deportation Order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to Deportation Orders. Therefore not all Deportation Orders issued will have been enforced and so there is no corresponding figure for 'country of deportation to' in the table below for 2015 in respect of those Orders not yet enforced. In addition, many of the people concerned will claim to be from a particular country of origin and be classified as such on our system but will ultimately be determined to originate from another country.
In determining whether to make a Deportation Order, I must have regard to the factors set out in Section 3 (6) of the Immigration Act, 1999, as amended, and Section 5 (Prohibition of Refoulement) of the Refugee Act, 1996, as amended, as well as any other relevant statutory provisions, Constitutional or international human rights arising.
This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a Deportation Order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.
It should be noted that although a Deportation Order may be issued to a person of a certain nationality, that person will have been given the option of leaving the State in advance of the Deportation Order being made Order and moving to another Member State or country other than their country of origin. Such persons are required to notify INIS when they take this course of action but many fail to do so. There are no reliable statistics to indicate how regularly this occurs.
With regard to the information in the table, a further disaggregation of the numbers by nationality is not provided because I do not wish to risk potential identification of any individuals involved.
Deportations Signed in 2015 by Nationality
|
Nationality |
Number |
|
China (Including Hong Kong) |
109 |
|
Pakistan |
95 |
|
Nigeria |
49 |
|
Sudan |
36 |
|
Brazil |
33 |
|
Afghanistan |
28 |
|
Albania |
23 |
|
Mauritius |
26 |
|
Congo, The Democratic Republic Of The |
26 |
|
Somalia |
26 |
|
Zimbabwe |
20 |
|
Algeria |
20 |
|
Georgia |
19 |
|
Iran (Islamic Republic Of) |
18 |
|
Ukraine |
15 |
|
Bangladesh |
12 |
|
India |
15 |
|
Malaysia |
13 |
|
Moldova, Republic Of |
14 |
|
Viet Nam |
12 |
|
Iraq |
11 |
|
Palestinian Territory, Occupied |
10 |
|
Turkey |
10 |
|
Egypt |
9 |
|
Mongolia |
9 |
|
Philippines |
9 |
|
South Africa |
7 |
|
Malawi |
7 |
|
Benin |
6 |
|
Ghana |
5 |
|
Kosovo / UNSCR 1244 |
6 |
|
Nepal |
5 |
|
Others |
63 |
|
Total |
766 |
195. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the procedure by which English language schools which have no external accreditation are permitted on the interim list of education programmes even though external accreditation is one of the main requirements of being listed on the register; and if she will make a statement on the matter. [3752/16]
View answerAs the Deputy may be aware, the original policy intention announced in September 2014 by the Minister for Education and Skills and myself was to confine the granting of immigration permission to those English language students who were attending schools which had been recognised through the process known as the Accreditation and Coordination of English Language Services (ACELS), operated by Quality and Qualifications Ireland (QQI). However this approach was successfully challenged in the High Court in a case taken by two institutions that did not hold ACELS recognition. The essential points of the court decision were that QQI lacked the vires to operate ACELS for such a purpose and that restricting immigration permission to the ACELS sector only involved a fettering of Ministerial discretion, particularly given that ACELS was then and remains closed to new applications.
When the ILEP was opened for applications, following a revised Government policy statement in May 2015, it was envisaged that colleges could find alternative external quality assurance but such proved to be unavailable. Since ACELS is closed to new applications, the result is that those providers without ACELS recognition had no means of obtaining quality assurance. Imposing a condition in respect of external quality assurance, which would be impossible for some providers to satisfy, irrespective of any actions they might take as regards enhancing the quality of their institution, would appear to run counter to the law. The only way of assessing providers therefore was a combination of desktop examination of applications supplemented by inspections in certain cases.
The fact that a provider and courses are listed on the ILEP means that in accordance with Ireland’s student immigration policy, attendance at that college in respect of one of their listed full time courses on the ILEP is an eligible purpose for a non-EEA national coming to Ireland. That is of course subject to the normal immigration controls and case by case consideration of individual immigration applications. The ILEP does not guarantee the quality of the institution but if a provider is listed on the ILEP in respect of courses they will have met certain criteria including the mandatory provision of learner protection in respect of enrolled non-EEA students. For the English language sector a maximum class size of 15 students applies to all ILEP listed providers and they must also have demonstrated that their teaching staff are properly qualified.
By its name and nature the Interim List of Eligible Programmes is a short term solution to address a gap in the lead up to the introduction of the International Education Mark which will provide a full quality framework in the future. It is nevertheless an ongoing process providers and must continue to comply with the stricter conditions now applicable to the sector in order to retain their listings. This will be the subject of ongoing monitoring.
The International Education Mark is a matter for my colleague, the Minister for Education and Skills. Our respective Departments continue to cooperate closely in the international student area.
196. Deputy Lucinda Creighton asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 396 and 397 of 14 January 2015, Parliamentary Question No. 491 of 24 March 2015, Parliamentary Question No. 385 of 13 May 2015, Parliamentary Question No. 17 of 7 July 2015, if she will provide a further update; and if she will make a statement on the matter. [3753/16]
View answerI am informed by the Garda authorities that the investigation of certain matters arising from the report of the Moriarty Tribunal and Mahon Tribunal, referred to the Garda Commissioner, is continuing at this time. I trust the Deputy will appreciate that as this process is ongoing it would not be appropriate for me to comment further at this time.
197. Deputy Lucinda Creighton asked the Minister for Justice and Equality further to Parliamentary Question No. 601 of 9 June 2015, if the commission of investigation into matters relative to the Cavan and Monaghan Garda Síochána division will report in February 2016; and if she will make a statement on the matter. [3759/16]
View answerMr Justice Kevin O'Higgins is the Sole Member of the Commission of Investigation which was established to investigate and report on certain matters relative to the Cavan/Monaghan Division of the Garda Síochána.
The Commission arose from the report of Mr Sean Guerin, SC, to An Taoiseach concerning allegations made by Sergeant Maurice McCabe. The Government accepted Mr Guerin's recommendation that a Commission of Investigation was desirable in the public interest in order to ensure continuing confidence in the institution of the Garda Siochana and the criminal justice system.
Mr Justice O'Higgins submitted an interim report on 14 December 2015 requesting an extension to 29 April 2016 for the Commission to submit its report. I have granted this extension and the Committee's Interim Report is available on my Department's website, www.justice.ie.
198. Deputy Lucinda Creighton asked the Minister for Justice and Equality the name, costs, date of commission, date or expected date of publication and name of the external consultant of all external reports commissioned by her Department since March 2011. [3771/16]
View answerI wish to advise the Deputy that it has not been possible to provide the information sought in the time available for reply. I will arrange for the requested information to be forwarded to the Deputy in the near future.
199. Deputy Lucinda Creighton asked the Minister for Justice and Equality the number of tribunals of inquiry, commissions of inquiry or investigations for which she or her Department have been responsible by name; by terms of reference; by cost including the cost to date where an inquiry has not been concluded; by date including the projected date of conclusion where an inquiry has not been concluded from 1991 to date, in tabular form; and if she will make a statement on the matter. [3786/16]
View answerI wish to advise the Deputy that it has not been possible to provide the information sought in the time available for reply. I will arrange for the requested information to be forwarded to the Deputy in the near future.
200. Deputy Michael McGrath asked the Minister for Justice and Equality the number of applications pursuant to section 115A of the Personal Insolvency Act for a court review of a proposed personal insolvency arrangement that have been made to date; and if she will make a statement on the matter. [3790/16]
View answerI can inform the Deputy that the number of applications under Section 115A of the Personal Insolvency Act for a court review of a proposed Personal Insolvency Arrangement that have been made to date is 18.
Two applications were subsequently withdrawn following further engagement with creditors. To date, eight applications have had initial hearings before the insolvency courts, and they have been adjourned to allow for the lodging of affidavits by the relevant parties. The remaining applications lodged will be listed for hearing in the coming weeks.
201. Deputy Michael McGrath asked the Minister for Justice and Equality why section 21 of the Personal Insolvency (Amendment) Act 2015 was not commenced until 20 November 2015; and if she will make a statement on the matter. [3791/16]
View answerSection 21 of the Personal Insolvency (Amendment) Act 2015 provides for a new type of application to Court. Accordingly, it required changes to be made to the relevant Circuit Court Rules and Rules of the Superior Courts: for example, to set out the form of application or proceedings to be used by a person wishing to make an application to Court under Section 21, or to reply to such an application.
As the Deputy is aware, due to the independence of the Courts, Rules of Court and any amendments of those Rules are prepared and decided by the appropriate Court bodies, before they are received for drawing up an appropriate Statutory Instrument and for the concurrence of the Minister concerned.
In the case of the Personal Insolvency (Amendment) Act 2015, after consultation on the need for changes to Court Rules, I signed a Commencement Order commencing with effect from 29 September 2015 all provisions of the Act which did not require changes to the Court Rules.
As regards the provisions of the Act which did require changes to the relevant Court Rules, the Court Rules Committees signed their agreement on the changes on 20th October and 29th October respectively. On 13 November, I concurred in two Court Rules Statutory Instruments, making the necessary Rules changes with effect from 20 November.
On 18 November, I signed the Personal Insolvency (Amendment) Act 2015 (Commencement) (No.2) Order 2015 which commenced all the remaining provisions of the Act, including section 21, with effect from 20 November.
202. Deputy Michael McGrath asked the Minister for Justice and Equality the process through which a judgment can be removed from or marked as satisfied in the High Court register of judgments in circumstances where the debt has been discharged through an insolvency service debt settlement arrangement or a personal insolvency arrangement; the equivalent process if the judgment creditor does not co-operate; if she will simplify the process; and if she will make a statement on the matter. [3795/16]
View answerI can inform the Deputy that where a judgment has been registered in the High Court the process for marking it satisfied in the register is that the debtor lodges in the Central Office a satisfaction piece which has been signed by the creditor in the presence of an attesting witness. The proper officer of the High Court Central Office will then update the register accordingly and sign a certificate of satisfaction.
If a judgment creditor does not cooperate it is open to the judgment debtor to apply to the court for an order directing another person to sign the satisfaction piece.
If the judgment was obtained in the District or the Circuit Court, the satisfaction piece is lodged in the office of that court, and the memorandum of satisfaction is signed in that court and then lodged in the High Court Central Office.
Sections 86 and 125 of the Personal Insolvency Acts 2012-2015 provide that a debtor who has successfully completed a Debt Settlement Arrangement or a Personal Insolvency Arrangement stands discharged from all unsecured debts specified in that arrangement, and stands discharged from any secured debts to the extent specified in that arrangement. The Acts also provide a simple procedure for confirming successful completion and for registering it on the Insolvency Service register.
I can further inform the Deputy that my Department is examining the possibility of providing for a streamlined process to register satisfaction of judgment debts via the Personal Insolvency Acts in the appropriate Court register, to facilitate both debtors and creditors.
203. Deputy Michael McGrath asked the Minister for Justice and Equality the expenses claimed, including the amount of mileage and the amount claimed, by her and Ministers of State of her Department, by calendar year, during the current Dáil Éireann, in tabular form. [3814/16]
View answerThe following expenses have been claimed to date in accordance with the relevant procedures:
Minister Frances Fitzgerald: in the period from May 2014 (€1,066.36) and 2015 (€1,512.67). The expenses in question do not include any mileage related costs.
Minister of State Aodhán Ó Ríordáin: in the period September 2014 to December 2015 (covering mileage only) as follows:
2014: €944.89, 2015: €7,915.49, 2016: €2,879.99.
204. Deputy Michael McGrath asked the Minister for Justice and Equality the amount she spent on media clipping and media monitoring services in each calendar year from 2011 to 2015; and if she will make a statement on the matter. [3829/16]
View answerThe amount spent by my Department on media monitoring and media clipping services for the years 2011 - 2015 is set out in the table below.
|
Year |
Cost |
|
2011 |
€20,127 |
|
2012 |
€25,347 |
|
2013 |
€28,501 |
|
2014 |
€25,872 |
|
2015 |
€23,890 |
205. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 135 of 19 November 2015, regarding the implementation of section 22 of the Road Traffic Act 2002, if this information is now to hand; and if she will make a statement on the matter. [3855/16]
View answerI am advised by the Courts Service that, since 16 May 2012, all summonses issued to which Section 22 of the Road Traffic Act 2002 applies, have included the additional requirement that a person must also produce to the Court a legible copy of their driving licence or learner permit. Issues surrounding the implementation of this Section, including the question of the wording of summonses, is continuing to receive attention, in consultation with the relevant agencies.
I am further informed by the Courts Service that a total of 83 prosecutions have been listed before the District Court arising from the non-production of driving licences in court in accordance with Section 22 of the Road Traffic Act, 2002.
206. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 108 of 18 November 2015, regarding the number of knives recovered by An Garda Síochána in 2014 and 2015, if she will provide an update on this matter; and if she will make a statement on the matter. [3856/16]
View answerI am informed by the Garda authorities that on 4 January 2016 the number of knives recorded as seized on PULSE in 2014 and 2015 were 1,326 and 1,322, respectively. I am further advised that these figures are provisional, operational and subject to change.
207. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when an update of Stamp 3 to Stamp 4 residency status might be offered as a prelude to naturalisation for a person (details supplied) in County Kildare; and if she will make a statement on the matter. [3857/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons mentioned by the Deputy did have their case for Stamp 4 examined and letters issued with our decision on 29 July 2015. These persons are on the appropriate Stamps for their immigration status in the State. If they wish to take up employment in the State they must be the holders of Work Permits. There is a clear obligation on anyone coming to live and work in the State to respect our laws. In this regard it remains the responsibility of all non-EEA nationals who are resident in the State to ensure that they have an appropriate immigration permission from the Minister for Justice and Equality and the great majority of migrants fully comply with this condition. The issuing of Work Permits is a matter for the Department of Jobs, Enterprise and Innovation.
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.
208. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a review of the circumstances and proposals to deport might be undertaken in the respective cases of persons (details supplied) all of whom have lived in this jurisdiction for several years; and if she will make a statement on the matter. [3860/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the above named person along with their spouse and one child are the subject of Deportation Orders signed on 8 November 2011.
Representations were received from the persons concerned, to request the Minister to use her discretion, pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Orders. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Orders. In the mean-time, the Deportation Orders remain valid and in place.
In relation to the remainder of the family, no Deportation Orders are 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.
