Tuesday, 26 Apr 2016

Written Answers Nos. 194-208

Residency Permits

Questions (194)

Bernard Durkan

Question:

194. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied). [8138/16]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has applied for a renewal of right of residency in the State, accompanied by a right to work, based on their parentage of an Irish citizen child. The application was received in the Residence Division on 9 February, 2016 and is under consideration at present.

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.

Residency Permits

Questions (195)

Bernard Durkan

Question:

195. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [8145/16]

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.

Residency Permits

Questions (196)

Bernard Durkan

Question:

196. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [8150/16]

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.

Garda Vetting Applications

Questions (197)

Michael Healy-Rae

Question:

197. Deputy Michael Healy-Rae asked the Minister for Justice and Equality when an application for Garda vetting will be finalised for a person (details supplied); and if she will make a statement on the matter. [8133/16]

Written answers

Minister for Justice and Equality

The Garda Central Vetting Unit (GCVU) provides employment vetting to organisations registered with the Gardaí for this purpose and which employ persons in a full-time, part-time, voluntary or training capacity to positions where they would have substantial, unsupervised access to children and/or vulnerable adults.

I am informed by the Garda authorities that requests for vetting in respect of social housing, such as in the case which the Deputy raises, are outside the remit of the Garda Central Vetting Unit. In accordance with Section 15 of the Housing (Miscellaneous Provisions) Act 1997, these requests are processed by the Superintendent in Charge of the District in which the subject of the request resides. I have sought further information from the Garda Authorities in respect of the case to which the Deputy refers and I will communicate further with him when that information is to hand.

Visa Applications

Questions (198)

Michael Healy-Rae

Question:

198. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding an application for a spousal visa by a person (details supplied); and if she will make a statement on the matter. [8097/16]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy made a visa application in February 2016 and the application was received by the Irish visa office in New Delhi on the 26th of February 2016. Applications of this type are typically processed in the New Delhi visa office within twelve weeks of receipt. The applicant can expect a decision by the end of May 2016.

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]). For queries relating to the New Delhi visa office, the applicant can also email that office directly ([e-mail]).

Citizenship Applications

Questions (199)

Bernard Durkan

Question:

199. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of application for citizenship in the case of a person and their family (details supplied); and if she will make a statement on the matter. [8103/16]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing and will be submitted to me for decision as expeditiously as possible.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Family Reunification Policy

Questions (200)

Bernard Durkan

Question:

200. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a family reunification can be facilitated for a person (details supplied) in Dublin 6; and if she will make a statement on the matter. [8172/16]

Written answers

Minister for Justice and Equality

I am advised by the Family Reunification Unit of the Irish Naturalisation and Immigration Service (INIS) of my Department that no application has been received from the person referred to by the Deputy. It is open to the person concerned to submit an application, in writing, to the Family Reunification Unit, INIS, Department of Justice and Equality, 13-14 Burgh Quay, Dublin 2.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Residency Permits

Questions (201)

Bernard Durkan

Question:

201. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of the eligibility of a person (details supplied) for residency and for permission to remain here; and if she will make a statement on the matter. [8174/16]

Written answers

Minister for Justice and Equality

If the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 19(1) of the Refugee Act, 1996 (as amended) which provides for the protection of the identity of protection applicants. Protection legislation also provides for the right of appeal at both the asylum and subsidiary protection stages of the process.

Protection applicants are issued with a temporary residence permission pending a final decision on their application.

In the event that an applicant is finally determined not to be in need of protection, then consideration is given to whether the person should be given leave to remain in the State on humanitarian grounds.

Residency Permits

Questions (202)

Bernard Durkan

Question:

202. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of the eligibility of a person (details supplied) for residency status; and if she will make a statement on the matter. [8178/16]

Written answers

Minister for Justice and Equality

If the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 19(1) of the Refugee Act,1996 (as amended) which provides for the protection of the identity of protection applicants. Protection legislation also provides for the right of appeal at both the asylum and subsidiary protection stages of the process.

Protection applicants are issued with a temporary residence permission pending a final decision on their application.

In the event that an applicant is finally determined not to be in need of protection, then consideration is given to whether the person should be given leave to remain in the State on humanitarian grounds.

Illegal Immigrants

Questions (203)

Bernard Durkan

Question:

203. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the correct procedure persons (details supplied) must follow to regularise their position; and if she will make a statement on the matter. [8181/16]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that correspondence issued to the persons mentioned by the Deputy on 12 April 2016 regarding their illegal immigration status in the State. It would appear that this family arrived in the State in 2005 and remained here undocumented since that time. This is in breach of Section 5(1) of the Immigration Act 2004 which provides that no non-Irish national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non Irish national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.

A person who is found to be in breach of the requirements of the Immigration Act 2004 may be subject to a fine not exceeding €3000 or to imprisonment for a term not exceeding 12 months or to both. As a non-EEA worker in the State a work permit is required to take up employment.

The persons referred to by the Deputy were advised to make arrangements to leave the State by 12 May 2016 and if evidence of their departure is not received by the due date that it is the intention of this Office to issue a notification under the provision of Section 3(4) of the Immigration Act 1999 (ie. proposal to deport) in respect of them. It is at this stage that any special humanitarian and family circumstances will be taken into consideration.

Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established 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 Question 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.

Legal Aid Service Reform

Questions (204)

Thomas P. Broughan

Question:

204. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will waive the free legal aid charge for victims of domestic violence; and if she will make a statement on the matter. [8163/16]

Written answers

Minister for Justice and Equality

I wish to inform the Deputy that I have no function or responsibility in relation to the matter raised. Under the terms of the Civil Legal Aid Act 1995, the Legal Aid Board is independent in the operation of its functions and decisions on individual cases are a matter for the Board.

However, to be of assistance I have contacted the Legal Aid Board for the information requested by the Deputy.

I am informed by the Legal Aid Board that priority is given to applicants seeking legal services in certain categories of cases which include domestic violence. The Board have advised me that, in relation to domestic violence cases, an applicant on making contact with a law centre or with the Board's office at Dolphin House in Dublin (where the District Family Court sits), is requested to complete an application form which includes details of their finances. The applicant must satisfy a means test and be found to be financially eligible under the provisions of the Act and relevant regulations.

If they are deemed to be eligible, they are either offered an appointment with a solicitor in a law centre or, as is almost invariably the case in Dublin, they are granted a legal aid certificate enabling them to retain a private solicitor from the Board's panel to represent them. The applicant is asked to pay the financial contribution, however, they may make an application through their solicitor to reduce or waive the contribution if they are unable to pay it.

Domestic Violence Policy

Questions (205)

Thomas P. Broughan

Question:

205. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the supports available to persons who have been victims of domestic violence but who were not co-habitating with or married to the perpetrator; and if she will make a statement on the matter. [8164/16]

Written answers

Minister for Justice and Equality

In addition to the range of support services provided by frontline service providers to persons who have experienced domestic violence there are legislative provisions which may be applicable in the sorts of cases referred to by the Deputy. These include provisions under the Non-Fatal Offences Against the Person Act 1997 which provides a range of offences which may occur in a domestic violence context including assault, assault causing harm, assault causing serious harm and coercion. The Act also provides for the offence of harassment. As part of the proceedings for such an offence the court may issue a restraining order requiring that the person shall not communicate by any means with the victim or shall not approach within a specific distance of the victim’s home or place of work. It is also an offence to breach such a restraining order.

In addition, the Civil Law (Miscellaneous Provisions) Act 2011 introduced important amendments to the Domestic Violence Act 1996 and 2002 to extend the powers of the Court to provide protections in certain cases of domestic violence. A parent can now apply for a safety order against the other parent of their child, even where the parents do not live together or may never have lived together. Also, couples who are not married or are not in a registered civil partnership are no longer required to have lived together for a period of time before one of them can obtain a safety order against the other. In conclusion, I would urge any person experiencing domestic violence to seek support and to report to An Garda Síochána.

Domestic Violence Services Funding

Questions (206)

Thomas P. Broughan

Question:

206. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she has requested an additional €30 million in annual funding to specifically address domestic violence; and if she will make a statement on the matter. [8165/16]

Written answers

Minister for Justice and Equality

While my Department has overall policy responsibility for coordinating the whole of Government response to domestic, sexual and gender-based violence, Tusla, the Child and Family Agency, under the aegis of the Department of Children and Youth Affairs, is responsible for providing care and protection to victims of domestic violence in accordance with section 8 of the Child and Family Agency Act 2013, and as such is the primary funder of such services.

Looking at the published accounts of service providers from 2014 (latest figures available) the domestic violence voluntary and community sector spent approximately €34.8m in 2014.

The Victims of Crime Office in my Department has allocated €536,200 funding for the domestic violence sector for 2016, primarily for court accompaniment. In addition, the state spends on policing, court services, prison services, health services and social protection funding in relation to victims and perpetrators of domestic violence. However, these figures are not disaggregated from the budget totals for the different state bodies involved.

International Conventions

Questions (207)

Thomas P. Broughan

Question:

207. Deputy Thomas P. Broughan asked the Minister for Justice and Equality when she will ratify the Council of Europe convention on preventing and combating violence against women, the Istanbul Convention; and if she will make a statement on the matter. [8166/16]

Written answers

Minister for Justice and Equality

Ireland fully supports the aims and terms of the Istanbul Convention. The Convention is a significant legal instrument in the fight against domestic and sexual violence. The protection of members of society from domestic violence, sexual violence and exploitation are primary concerns for me and my Department. Ireland signed the Istanbul Convention on 5 November 2015. The Government has also approved an action plan which contains the small number of actions which, when implemented, will enable Ireland to ratify the Istanbul Convention. The action plan has timescales and has been drawn up in consultation with other Government Departments and agencies. The actions are also contained in the Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021 which was launched in January.

EU Directives

Questions (208)

Thomas P. Broughan

Question:

208. Deputy Thomas P. Broughan asked the Minister for Justice and Equality when she will enact victims' support legislation that will comply fully with the European Union victims' directive. [8167/16]

Written answers

Minister for Justice and Equality

The drafting of the Criminal Justice (Victims of Crime) Bill is under way to transpose EU Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crime.

Substantial progress has been made on the drafting of the Bill, which is being undertaken as a matter of priority, and it is intended that the Bill will be published as soon as possible.

At operational level, arrangements have been put in place to ensure that rights conferred by the Directive are provided to crime victims within existing legislation and on a non-statutory basis.