Tuesday, 2 Feb 2016

Written Answers Nos. 255-269

Areas of Natural Constraint Scheme Payments

Questions (255)

Timmy Dooley

Question:

255. Deputy Timmy Dooley asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Clare will receive farm payments; and if he will make a statement on the matter. [4457/16]

Written answers

Minister for Agriculture, Food and the Marine

An application under the 2015 Basic Payment/Areas of Natural Constraint (ANC) Scheme was received from the person named on 21 April 2015. Payment under the ANC Scheme has issued to the nominated bank account of the person named. Processing of the Basic Payment Scheme application has recently been finalised and the balancing payment due will issue to the nominated bank account of the person named in the coming days.

Agriculture Scheme Applications

Questions (256)

Michael Healy-Rae

Question:

256. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an application by a person (details supplied) in County Kerry under the old young farmers scheme; and if he will make a statement on the matter. [4469/16]

Written answers

Minister for Agriculture, Food and the Marine

The person named submitted an application under the ‘Old Young Farmer’ category of the 2015 National Reserve to my Department.  This application has been finalised and payment issued on 2 February 2016.

Live Exports

Questions (257)

Pearse Doherty

Question:

257. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 238 of 17 December 2015, the progress to date in persuading Chinese authorities to remove strict new limits imposed on cadmium levels for live crab intended for export to China; if similar restrictions are in force on exports originating from other countries destined for the Chinese market, or if the rules only apply to Irish crab; if he is aware of the detrimental impact which these restrictions are having on the industry here; and if he will make a statement on the matter. [4471/16]

Written answers

Minister for Agriculture, Food and the Marine

Further to my reply to the Deputy’s question of 17 December 2015, the Sea-Fisheries Protection Authority (SFPA) continues to actively liaise with both the Chinese import authorities and the Irish live crab exporters on this issue. The SFPA has offered to facilitate a visit by Chinese authorities to examine Ireland’s official control systems, laboratories and crab production establishments and is continuing to explore this and other avenues of engagement. The implementation of food regulations for imports to China is a matter for the Chinese authorities. Ireland applies stringent European standards and follows procedures which include monitoring the safety of Irish seafood so that consumers can continue to have high confidence in the quality of Irish seafood.

As I have stated before, I acknowledge the concerns that live crab exporters have at this time and I am satisfied that the SFPA, with the support of my Department, the Department of Foreign Affairs and Trade and the Marine Institute, is making every effort to resolve this issue.

Appointments to State Boards

Questions (258)

Catherine Murphy

Question:

258. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine the details of appointments to State boards, by name of appointee, date of appointment and appointment through a public application process or otherwise, from 7 March 2011 to date; the number of vacancies on State boards under his remit; and if he will make a statement on the matter. [4610/16]

Written answers

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney)

Since May 2011, a notification was placed on my Department’s website inviting expressions of interest from persons interested in being appointed to the boards of State Bodies under the aegis of my Department. The list of board vacancies was updated on a regular basis. A notification was also placed in National Newspapers. Since the end of November 2014, vacancies on the boards of these State Bodies, other than those which fall to be filled on the basis of nominations from specified organisations, are being advertised on www.stateboards.ie and processed in accordance with the Public Appointments Service (PAS) guidelines.

In the case of the Aquaculture Licensing Appeals Board, Bord Bia, Teagasc, National Milk Agency, Veterinary Council of Ireland and Horse Racing Ireland board appointments, while made by me, are not all at my sole discretion in that individuals are nominated for appointment by me as specified in the relevant statute.

The information sought by the Deputy is outlined in the table below as at 29 January 2016:

Non-Commercial Bodies

Name of State Body/Agency	Names	Appointment/Nomination	Date of Appointment	Current Vacancies
Aquaculture Licensing Appeals Board (ALAB)				1
	Brendan Brice	Nomination from prescribed organisation	09/11/2011
	Seán Murphy	Nomination from prescribed organisation	01/01/2013
	Michael Sweeney	Nomination from prescribed organisation	01/01/2013
	Dr. Owen McIntyre	Nomination from prescribed organisation	01/01/2013
	Camilla Keane	Nomination from prescribed organisation	23/02/2012
	Jim Power	Nomination from prescribed organisation	11/04/2013
	Lorcan Ó Cinnéide	Nomination from prescribed organisation	22/10/2013
	Imelda Reynolds	Appointment by the Government under Section 23 of the Fisheries (Amendment) Act, 1997	01/04/2015

Name of State Body/Agency	Names	Appointment/ Nomination	Date of Appointment	Current Vacancies
Bord Bia				0
	Gary Brown	Minister’s Discretion Publicly Advertised process	07/10/2011
	Michael Cronin	Minister’s Discretion Publicly Advertised process	07/10/2011
	John Kingston	Minister’s Discretion Publicly Advertised process	07/10/2011
	John Bryan	Minister’s Discretion Publicly Advertised process	24/03/2012
	John Horgan	Minister’s Discretion Publicly Advertised process	07/12/2012
	John Comer	Minister’s Discretion Publicly Advertised process	12/04/2013
	Frank Hayes	Minister’s Discretion Publicly Advertised process	12/04/2013
	Caroline Keeling	Minister’s Discretion Publicly Advertised process	10/12/2013
	Prof. Fergal O’Gara	Minister’s Consent Nominee of the Min for JEI	30/01/2014
	Michael Carey	Minister’s Discretion Publicly Advertised process	19/09/2014
	Eddie Downey	Minister’s Discretion Publicly Advertised process	25/03/2015
	Mary J. Byrne	Minister’s Appointment Bord Bia Act 1994 requires appointment of a DAFM official	28/03/2015
	Rhona Holland	Minister’s Discretion PAS	16/06/2015
	Tom Moran	Minister’s Discretion PAS	16/06/2015
	Rachael Doyle	Minister’s Discretion PAS	16/06/2015
	Patrick. Whelan	Minister’s Discretion PAS	16/06/2015
	Tony Keohane	Minister’s Discretion PAS	16/06/2015

Name of State Body/Agency	Names	Appointment/ Nomination	Date of Appointment	Current Vacancies
Bord Iascaigh Mhara (BIM)				1
	Pádraig Ó Céidigh	Minister’s Discretion Publicly Advertised process	30/04/2013
	Seán O'Donoghue	Minister’s Discretion Publicly Advertised process	02/03/2014
	Professor Damien McLoughlin	Minister’s Discretion Publicly Advertised process	21/03/2014
	Bill Deasy	Minister’s Discretion Publicly Advertised process	27/05/2014
	Raymond J. Harty	Minister’s Discretion Publicly Advertised process	09/07/2014
	Kieran Calnan	Minister’s Discretion Publicly Advertised process	13/06/2015

Name of State Body/Agency	Names	Appointment/ Nomination	Date of Appointment	Current Vacancies
Marine Institute				0
	Paul Hyde	Minister’s Discretion Publicly Advertised process	01/06/2012
	David Owens	Minister’s Discretion Publicly Advertised process	04/12/2012
	Professor Patricia C. Barker	Minister’s Discretion Publicly Advertised process	19/02/2013
	Donal Kelly	Minister’s Discretion Publicly Advertised process	15/04/2013
	Dr. John Killeen	Minister’s Discretion Publicly Advertised process	08/01/2014
	Lorcan Ó Cinnéide	Minister’s Discretion PAS	02/12/2015
	Dermot Clohessy	Minister’s Discretion PAS	02/12/2015
	Owen Lewis	Minister’s Discretion PAS	02/12/2015
	Berna Grist	Minister’s Discretion PAS	02/12/2015
	Alan Dobson	Minister’s Discretion PAS	02/12/2015

Name of State Body/Agency	Names	Appointment/ Nomination	Date of Appointment	Current Vacancies
National Milk Agency				0
	Timothy Cashman	Elected to position	23/01/2013
	Jerome Crowley	Elected to position	23/01/2013
	Denis Fagan	Elected to position	23/01/2013
	Eoghan McSweeney	Processor Representative	23/01/2013
	Walter Maloney	Distributor Representative	23/01/2013
	John Foster	Retailer Representative	23/01/2013
	Richard Donohue	Consumer Representative	23/01/2013
	Michael Kilcoyne	Consumer Representative	23/01/2013
	Eamonn McEnteggart	Elected to position	23/02/2013
	Pádraig Mullligan	Elected to position	23/02/2013
	Tony O'Driscoll	Processor Representative	22/10/2013
	Frank Tobin	Processor Representative	22/10/2013
	George Kearns	Processor Representative	23/10/2013
	T.J. Flanagan	Elected to position	01/06/2015
	William Lennon	Elected to position	26/11/2015
	Aidan Casey	Elected to position	26/11/2015

Name of State Body/Agency	Names	Appointment/ Nomination	Date of Appointment	Current Vacancies
*Sea Fisheries Protection Authority				0
	Andrew Kinneen	Recruitment by public competition	01/01/2013
	Dr. Susan Steele Public Service Full-Time Position	Recruitment by public competition	04/03/2013
	Michael O’Mahony Public Service Full-Time Position	Recruitment by public competition Reappointed by the Minister	04/03/2013

*The Sea Fisheries Protection Authority consists of three full-time members, including the Chairperson. The Minister for Agriculture, Food and the Marine appoints Members of the Authority to hold office for a period of not less than three years and not more than seven years. Such appointments are made following a public competition. The Minister appoints the Chair from among the three Board members.

Name of State Body/Agency	Names	Appointment/ Nomination	Date of Appointment	Current Vacancies
Teagasc				0
	Thomas Cooke	ICMSA Representative	05/10/2011
	Dr. Karina Pierce	Minister’s Discretion Publicly Advertised process	09/01/2013
	Tom Tynan	Minister’s Discretion Publicly Advertised process	09/01/2013
	Brendan Gleeson	Minister’s Discretion Publicly Advertised process	09/01/2013
	Tim O’Leary	IFA Representative	23/01/2013
	Alan Jagoe	Nominated by Macra na Feirme	15/09/2013
	Pádraig Gibbons	ICOS Representative	15/09/2013
	Professor Gerald Fitzgerald	Minister’s Discretion Publicly Advertised process	15/09/2013
	Dr. Noel Cawley	Minister’s Discretion Publicly Advertised process	17/09/2013
	Joseph Larkin	Staff Representative	10/10/2014
	Cliona Murphy	Minister’s Discretion PAS	29/04/2015
	Liam Woulfe	Minister’s Discretion PAS	29/04/2015

Name of State Body/Agency	Names	Appointment/ Nomination	Date of Appointment	Current Vacancies
Veterinary Council of Ireland (VCI)				0
	Crionna Creagh	* Ministerial Appointment	27/12/2012
	Martin Blake CVO	Ministerial Appointment with specific criteria for member set out in Veterinary Practice Act 2005 (16.b)	01/01/2014
	Barbara Bent	Ministerial Appointment with specific criteria for member set out in Veterinary Practice Act 2005 (16.c)	01/01/2014
	Dr. Bridget Younge	Nominated by Minister for Education and Skills	01/01/2014
	Professor Grace Mulcahy	Nominated by National University of Ireland (NUI)	01/01/2014
	Professor Stephen Gordon	Nominated by NUI	01/01/2014
	Dr. Margaret O’Sullivan	Nominated by Food Safety Authority of Ireland Representative	01/01/2014
	Morgan G Lyons	Nominated by VCI	01/01/2014
	Michael Sheahan	Nominated by VCI	01/01/2014
	Peadar Ó Scanaill	Nominated by VCI	01/01/2014
	Micheal Sadlier	Nominated by VCI	01/01/2014
	Deirdre Campion	Nominated by VCI	01/01/2014
	Fergus Smith	Nominated by VCI	01/01/2014
	John B Magee	Nominated by VCI	01/01/2014
	Raymond Finn	Nominated by VCI	01/01/2014
	Susie Walton	Nominated by VCI	01/01/2014
	Kevin Twomey	Ministerial Appointment with specific criteria for member set out in Veterinary Practice Act 2005 (16.b)	21/02/2014
	William Cashman	Nominated by VCI	01/04/2014
	Anne Marie Byrne	Nominated by a Prescribed Organisation	22/10/2014
	John O'Rourke	Minister’s Discretion PAS	20/10/2015
	Sinead Boyle	Minister’s Discretion PAS	20/10/2015
	Peter Cusack	Nominated by a Prescribed Organisation	01/01/2016
	James McManus	Nominated by a Prescribed Organisation	01/01/2016

* Appointment made by the Minister in the absence of a nomination from the National Consumer Agency as provided under Section 17(2) of the VPA Act 2005.

Commercial State Bodies

Name of State Body/Agency	Names	Appointment/ Nomination under Act	Date of Appointment	Current Vacancies
Bord na gCon		All appointments to the Bord na gCon Board require the prior consent of Department of Public Expenditure and Reform (DPER) & Department of Finance		0
	Phil Meaney	Minister’s Discretion (Appointment of Chair has to be approved by Taoiseach’s Office)	12/04/2011
	Matt Murphy	Minister’s Discretion Publicly Advertised process	21/12/2015
	Timothy Gilbert	Minister’s Discretion Publicly Advertised process	02/12/2011
	Tony McNamee	Minister’s Discretion Publicly Advertised process	02/12/2011
	William O'Dwyer	Minister’s Discretion Publicly Advertised process	21/12/2015
	Riona Heffernan	Minister’s Discretion Publicly Advertised process	21/12/2015
	Colm Gaynor	Minister’s Discretion Publicly Advertised process	28/05/2014
	Brendan Moore	Minister’s Discretion Publicly Advertised process	02/12/2014
	Frank Nyhan	Minister’s Discretion Publicly Advertised process	21/12/2015
	Patrick Creed	Minister’s Discretion Publicly Advertised process	21/12/2015

† When a Board Member’s term of office has expired, the member remains in situ until the Minister decides to re-appoint or replace the member.

Name of State Body/Agency	Names	Appointment/ Nomination	Date of Appointment	Current Vacancies
Coillte		All appointments to the Coillte Board require the prior consent of Minister for Public Expenditure and Reform		3
	Oliver McCabe	Minister’s Discretion Publicly Advertised process	24/10/2011
	David Gunning	Minister’s Discretion Publicly Advertised process	25/05/2012
	Brendan McKenna	Minister’s Discretion Publicly Advertised process	08/10/2012
	Julie Murphy O Connor	Minister’s Discretion Publicly Advertised process	24/06/2013
	John Moloney (Chair)	Nominated by Minister to serve as Chairperson	09/10/2013
	Jerry Houlihan	Minister’s Discretion Publicly Advertised process	01/05/2014
	Roisin Brennan	Minister’s Discretion Publicly Advertised process	01/05/2014
	Dermot Mulvihill	Minister’s Discretion Publicly Advertised process	11/07/2014
	Thomas O’Malley	Staff Representative Body	11/07/2014

Table continuing.

Name of State Body/Agency	Names	Appointment/ Nomination	Date of Appointment	Current Vacancies
Horse Racing Ireland (HRI)				7
	Neville O’Byrne	Nominated by Racing Regulatory Body (Turf Club)	08/02/2012
	Noel Meade	Nominated by Racehorse Trainers	08/02/2012
	Mary O'Connor	Nominated by Racing Regulatory Body (Turf Club)	08/02/2012
	Joe Keeling	Nominated by Minister’s Discretion (Appointment of Chair has to be approved by Taoiseach’s Office also)	13/03/2013
	Eimear Mulhearn	Nominated by Racehorse Breeders	18/12/2013
	Meta Osborne	Nominated by Racing Regulatory Body (Turf Club)	18/12/2013
	James Gough	Nominated by Racehorse Owners (AIRO)	03/03/2015

A member of the Board of HRI shall not serve for more than two consecutive terms.

Name of State Body/Agency	Names	Appointment/ Nomination	Date of Appointment	Current Vacancies
Irish National Stud		All appointments to the Irish National Stud Board require the prior consent of Minister for Public Expenditure and Reform		4
	Matt Dempsey	Minister’s Discretion (Appointment of Chair has to be approved by the Taoiseach)	31/02/2013
	Kate Horgan	Minister’s Discretion Publicly Advertised process	29/10/2013
	John Tuite	Minister’s Discretion Publicly Advertised process	09/04/2014
	Seamus Boyle	Minister’s Discretion Publicly Advertised process	09/04/2014
	Mark Weld	Minister’s Discretion Publicly Advertised process	29/10/2014

The Articles of the INS envisage the two longest serving Directors retiring at each AGM. The Minister may decide to re-appoint or replace the retiring Directors. Retiring Directors remain in situ until they are re-appointed or replaced.

Appointments to State Boards

Questions (259)

Catherine Murphy

Question:

259. Deputy Catherine Murphy asked the Minister for Defence the details of appointments to State boards, by name of appointee, date of appointment and appointment through a public application process or otherwise, from 7 March 2011 to date; the number of vacancies on State boards under his remit; and if he will make a statement on the matter. [4614/16]

Written answers

Minister for Defence

The State Boards under the aegis of the Department of Defence in March 2011 were the Civil Defence Board, the Board of Coiste an Asgard and the Army Pensions Board.

The only State body currently under the aegis of the Department of Defence is the Army Pensions Board. The Army Pensions Board is an independent statutory body established under the Army Pensions Act 1927. The Act specifies that the Board shall consist of a chairman and two ordinary members. The two ordinary members must be qualified medical practitioners of whom one must be an officer of the Army Medical Corps. The chairman and the non military ordinary member are appointed by the Minister for Defence with the concurrence of the Minister for Public Expenditure and Reform. The Army Medical Corps ordinary member is appointed by the Minister for Defence on the recommendation of the Chief of Staff of the Defence Forces.

There have been five appointments to the Army Pensions Board since 7 March 2011. Commandant Adam Lagun was appointed to the position of Army Medical Corps ordinary member of the Board in December 2011. This position became vacant in October 2014 due to Commandant Lagun being deployed overseas. On the recommendation of the Chief of Staff, the temporary appointment of Commandant Syed Shah to the Board, from 16 October 2014 to 31 May 2015, was made to cover the Commandant Lagun’s absence. Commandant Lagun resumed as Ordinary member of the Board in June 2015. The position became vacant again in September 2015 with the deployment overseas of Commandant Lagun. On the recommendation of the Chief of Staff, Commandant Zdenek Osecky was appointed temporarily, from 10 September 2015 to 30 June 2016, to cover this temporary vacant position.

As the Army Pensions Act 1927 specifies that one of the ordinary members must be an officer of the Army Medical Corps, the positions outlined above were not publicly advertised on either occasion. Details of these appointments to the Army Pensions Board were published in the Iris Oifigiúil.

A civilian doctor, Dr. Loretta Nolan, was appointed as ordinary member of the Army Pensions Board in November 2013. The civilian doctor vacancy was advertised on the Department of Defence website and the Public Appointments Service website. A number of expressions of interest in the position were received and an appointment to the Board was made on foot of this public advertisement process.

There are currently no vacancies on the Army Pensions Board.

The Civil Defence Board was identified in the Public Service Reform Plan as a body to be abolished. Against this backdrop, in July 2011, the then Minister for Defence appointed a 14 person interim Board as a temporary measure. In this context, none of the positions was advertised. Legislation to dissolve the Board was passed by the Oireachtas in December 2012. Its functions have now transferred back to the Department of Defence. The membership of the interim Board appointed in July 2011 is set out in the following table:

Name	Nominating Bodies
Civil Defence Board Chairperson
Mr. Brian Spain Director, Department of Defence	Nominated by the Minister for Defence
Civil Defence Board Members
Mr. Cathal Duffy Principal, Department of Defence	Nominated by the Minister for Defence
Ms. Clare Tiernan Principal, Department of Defence	Nominated by the Minister for Defence
Mr. Robert Mooney Principal, Department of Defence	Nominated by Minister for Defence
Mr. Ned Gleeson County Manager, Limerick City Council	Nominated by County & City Managers’ Association
Mr. Keith Leonard Assistant Fire Advisor	Nominated by the Minister for Environment, Community and Local Government
Dr. Barbara Rafferty	Nominated by the Radiological Protection Institute of Ireland
Ms Becci Cantrell	Nominated by the Environmental Protection Agency
Ms. Veronica Forde Assistant Civil Defence Officer	Nominated by the Civil Defence Officers’ Association
Lt. Col. Tony Kelly SSO, Defence Forces	Nominated by the Chief of Staff of the Defence Forces
Chief Superintendent Orla McPartlin An Garda Síochána	Nominated by the Commissioner of An Garda Síochána
Mr. Fergal Conroy	Elected volunteer member of Civil Defence
Ms. Eileen Joyce	Elected staff member of the Civil Defence Board

There were no appointments to the Board of Coiste an Asgard from 2009. In the context of settling the Estimates for the Department of Defence for 2010, the Government decided that the national sail training scheme operated by Coiste an Asgard would be discontinued as recommended in the Report of the Special Group on Public Service Numbers and Expenditure. The formal wind up of the Company, including voluntary strike off with the Companies Registration Office, was completed in early 2013.

Garda Station Refurbishment

Questions (260)

Finian McGrath

Question:

260. Deputy Finian McGrath asked the Minister for Justice and Equality if she will refurbish the Garda Síochána station in Coolock, Dublin 5, in 2016; and if she will make a statement on the matter. [4282/16]

Written answers

Minister for Justice and Equality

The programme of replacement and refurbishment of Garda accommodation 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 significant refurbishment work was carried out to the public office, and a new cell block constructed, in Coolock Garda Station in 2012. Since that work was completed, local Garda management has identified further accommodation issues at Coolock Garda Station and An Garda Síochána is currently liaising with the OPW in relation to addressing these issues.

Visa Applications

Questions (261)

Finian McGrath

Question:

261. Deputy Finian McGrath asked the Minister for Justice and Equality the status of a long stay visa in respect of a family (details supplied) in Dublin 5; and if she will make a statement on the matter. [3975/16]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application referred to by the Deputy is currently under consideration, and officials will be in contact with the applicant and sponsor as soon as a decision is made.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy’s view, inadequate or too long awaited. In addition, applicants may themselves e-mail queries directly to INIS ([e-mail]).

Language Schools

Questions (262)

Fergus O'Dowd

Question:

262. Deputy Fergus O'Dowd asked the Minister for Justice and Equality to respond to issues raised concerning English language schools (details supplied). [4025/16]

Written answers

Minister for Justice and Equality

In May 2015 the Government announced significant reforms of the international education sector and student immigration. A key element was the implementation of the Interim List of Eligible Programmes (ILEP) to replace the International Register on a phased basis. The first phase was completed in June 2015 and the second iteration of the ILEP was delivered on the targeted date of 20 January 2016. All appeals were disposed of. That part of the correspondence enclosed by the Deputy has therefore been overtaken by events.

My Department has no role in accrediting English language schools or programmes. 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.

Part of the process included unannounced inspections of certain providers. Providers who had no external quality assurance were for obvious reasons among those visited. A sample of schools with quality assurance were also inspected, with the number of students enrolled being one of the key factors to be taken into account in their selection. These inspections were carried out in November and December of last year and it is intended that further inspections, including follow up inspections where necessary, will continue throughout 2016 to ensure ongoing compliance with the new set of rules that came into operation in conjunction with the ILEP .

Travel Documents

Questions (263)

Bernard Durkan

Question:

263. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when the appropriate travel document will issue to a person (details supplied) in County Laois who needs to travel to an embassy to obtain a replacement passport; and if she will make a statement on the matter. [4059/16]

Written answers

Minister for Justice and Equality

The Irish Naturalisation & Immigration Service (INIS) of my Department advises me that, in exceptional cases, an application for Irish temporary travel document may be considered in respect of qualifying non-Irish nationals who are resident in Ireland. In all such cases, INIS must be satisfied that there is no alternative open to the applicant before an Irish temporary travel document will issue. The person concerned has to show that they have made reasonable and formal efforts to obtain a national passport, that it has been formally and unreasonably refused and that their own consular authorities are unable to offer consular assistance to them whilst resident in the State.

I am informed by INIS that the person concerned had an application for an Irish temporary travel document refused on 21 December 2015 because it was not accompanied by sufficient supporting documentation from their own consular authorities demonstrating that they were unable or unwilling to assist with the procurement of a new passport. Supporting documentation submitted stated that their embassy had not yet decided on an appropriate date for a representative to visit Ireland to address their concerns.

The reasons for refusal were further clarified by email to the person concerned on 8 January 2016 by the Travel Document Unit of INIS in which it was suggested that they impress their own authorities to offer some meaningful consular assistance in relation to their passport procurement difficulties being encountered with their embassy to date. It remains open to the person in question to submit a new application for a temporary travel document accompanied by the relevant supporting documentation addressing the reasons for refusal to the Travel Document Unit of INIS which is located at 13-14 Burgh Quay, Dublin 2. Full information in this regard and the applicable application form is available at www.inis.gov.ie.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or too long awaited.

Residency Permits

Questions (264)

Bernard Durkan

Question:

264. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status of a person (details supplied) in County Meath; and if she will make a statement on the matter. [4061/16]

Written answers

Minister for Justice and Equality

I 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.

Coroners Service

Questions (265)

Clare Daly

Question:

265. Deputy Clare Daly asked the Minister for Justice and Equality if her offices were contacted by the coroner in the case of a person (details supplied); the advice given regarding the decision to consider treating the death of a pregnant woman as being the death of two persons; the legislative basis of a foetus being afforded the legal rights of a person; what she proposes to do about it; and if she will make a statement on the matter. [4064/16]

Written answers

Minister for Justice and Equality

This particular case had come to my Department's notice due to questions raised regarding the legislation dealing with the registration of deaths in utero. The Coroners' functions regarding issue of death certificates is covered by the Civil Registration Act 2004 which falls under the remit of the Department of Social Protection.

It is important to note that a Coroner is a statutory officer exercising quasi-judicial functions in relation to which he or she is independent. Neither I as Minister for Justice and Equality nor my Department has any role in the conduct of or findings in individual cases.

Commencement of Legislation

Questions (266)

Michael Creed

Question:

266. Deputy Michael Creed asked the Minister for Justice and Equality when she will sign the commencement order for the new one-year bankruptcy legislation; and if she will make a statement on the matter. [4069/16]

Written answers

Minister for Justice and Equality

I am pleased to confirm to the Deputy that I signed the Bankruptcy (Amendment) Act 2015 (Commencement) Order 2016 on 25 January 2016, which commenced most of the provisions of the Act on 29 January.

The only provisions not commenced under the Order are those dealing with the abolition of the requirement for a 'statutory sitting' of the High Court in bankruptcy cases (sections 3, 4, 5, 13 and 14). Those provisions require changes to the relevant Court Rules and will be the subject of a commencement order which is under preparation.

Fines Data

Questions (267, 268)

Billy Kelleher

Question:

267. Deputy Billy Kelleher asked the Minister for Justice and Equality the number of people resident in Dublin 12, 8,10 and 6W who were convicted and sentenced to imprisonment; the number who were processed at the prison where they were sent and released on the same day or the following day, by prison, by category of crime, by length of sentence given, in 2014 and in 2015; and if she will make a statement on the matter. [4242/16]

Billy Kelleher

Question:

268. Deputy Billy Kelleher asked the Minister for Justice and Equality the number of people resident in Cork City who were convicted and sentenced to imprisonment; the number who were processed at the prison where they were sent and released on the same day or on the following day, by prison, by category of crime, by length of sentence given, in 2014 and in 2015; and if she will make a statement on the matter. [4243/16]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 267 and 268 together.

As the Deputy will be aware, I commenced the Fines (Payment and Recovery) Act 2014 on 11 January 2016. The Act provides an appropriate response to the problems of the refusal or failure of some people to pay fines and the inappropriateness of imprisonment as the automatic response where this happens. Imprisonment will only apply as a last resort where it is not appropriate to make an Attachment Order, a Recovery Order or Community Service Order or where a Community Service Order is made and the person fails to comply with it.

I am confident that with the changes to the fines system that will flow from the implementation of the Act, the number of persons imprisoned for the non-payment of fines in the future will be very significantly reduced.

I am advised that the information being sought by the Deputy is being compiled and checked and will be forwarded to the Deputy as soon as it is available.

Garda Transport Data

Questions (269)

Seán Kenny

Question:

269. Deputy Seán Kenny asked the Minister for Justice and Equality the number of new and unmarked Garda Síochána cars that will come into the fleet in 2016; if the contract to supply the cars has gone to tender; and if she will make a statement on the matter. [4271/16]

Written answers

Minister for Justice and Equality

Over the life time of the Government Capital Plan 2016-2021, some €46 million will be allocated for the purchase of new Garda vehicles. Of this €6 million, is allocated to 2016.

As the Deputy will be aware, decisions in relation to the provision and allocation of Garda vehicles are matters for the Garda Commissioner in the light of her identified operational demands and the availability of resources. In this context I am advised by the Commissioner that it is expected that the allocation for this year will provide the capacity to procure in the region of 250 vehicles of all categories. The final number of marked and unmarked Garda cars will be determined by operational requirements as the year unfolds.

In respect of the Deputy's query concerning the tender process, Garda cars are purchased under centralised contracts tendered by the Office of Government Procurement.