Thursday, 5 May 2016

Written Answers Nos. 52 - 56

Refugee Status Applications

Questions (52)

Thomas Pringle

Question:

52. Deputy Thomas Pringle asked the Minister for Justice and Equality to increase the resources needed for the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal to address the considerable backlog of applications present, before the applications are transferred to the new office of the chief international protection officer as part of the introduction of a single procedure; and if she will make a statement on the matter. [9212/16]

Written answers

Minister for Justice and Equality

The International Protection Act was signed into law on 30th December 2015. It provides for a single application procedure which will streamline and significantly speed up the processing of protection applications in Ireland.

The commencement of the Act involves significant preparation work across a wide range of activities and the provision of staff resources for processing cases on hands as part of the transition phase prior to its commencement and the establishing of the single application system is just one of the factors involved. Other major work streams include the preparation of a significant volume of secondary legislation, the development of detailed new processes and procedures, the establishment of a new International Protection Office and an independent International Protection Appeals Tribunal, development of new Information Technology systems, training of staff, etc. Preparation work is continuing so that the provisions of the Act can be commenced as soon as possible.

With regard to staff resources, my Department is currently in the process of recruiting staff in a number of grades to meet demands across the asylum and wider immigration area. The majority of these appointments will be made by the end of May 2016. A significant number of these will support the processing of existing cases on hand in the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal with a view to reducing this caseload in so far as possible in advance of the commencement of the new Act. Any cases not finalised prior to commencement of the Act will be dealt with under the legislation's transitional provisions.

Immigration Status

Questions (53)

Thomas Pringle

Question:

53. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of applications made under the European Court of Justice, ECJ, judgment in the Zambrano case by persons who had no current right of residency; the number of persons who have had their status regularised under the ECJ judgment; and if she will make a statement on the matter. [9221/16]

Written answers

Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that in general terms, anyone who held an existing right of residency in the State, for example, on Stamp 1 terms (work permit), Stamp 2 (student permission) or Stamp 3 (spouse or dependant) and who wished to have their immigration status upgraded, in accordance with the judgment was directed by INIS to attend their local Immigration Registration Office with their Irish Citizen child and supporting documentation. In such cases where they were found to satisfy the conditions of the Zambrano criteria, their status was upgraded to Stamp 4. In circumstances where the local registration Office was not satisfied the person met the criteria the application would have been referred to INIS for a more in-depth consideration.

Because positive outcomes in either scenario outlined above would be recorded as the grant of a 'Stamp 4', it is not possible to separate out the data in the precise format requested by the Deputy as it would involve a disproportionate expenditure of time and resources relative to the information sought. However, approximately 1,000 applications per year for permission to remain in the State on the basis of parentage of an Irish Citizen Child have been received since the Zambrano judgment was delivered in 2011.

Further information on the application process, including the application form, guidelines for completing same, and frequently asked questions, can be found on the INIS website www.inis,gov.ie

Civil Legal Aid

Questions (54)

Pearse Doherty

Question:

54. Deputy Pearse Doherty asked the Minister for Justice and Equality to extend the civil legal aid scheme administered by the Legal Aid Board in order to provide dedicated legal advice to debtors at repossession hearings, given that there is such a low rate of attendance among debtors at such proceedings; and if she will make a statement on the matter. [9222/16]

Written answers

Minister for Justice and Equality

As the Deputy may be aware, on 22nd January 2016 the Government announced a scheme to help persons who are insolvent and in mortgage arrears on their home, to access independent financial and legal advice. This scheme is being co-ordinated by my Department, in conjunction with the Department of Social Protection, and with the involvement of agencies including the Insolvency Service of Ireland, the Money Advice and Budgeting Service, the Legal Aid Board and the Citizens Information Board.

I can advise the Deputy that under the scheme as envisaged, there are three main legal aid components:

1. A Solicitor Consultation Service;

2. A Duty Solicitor Service; and

3. A Personal Insolvency Arrangement Review (PIA Review) - Legal Aid Service.

The solicitor consultation service is to provide a single legal advice consultation to an eligible person. In certain circumstances and upon prior approval by the Board, the service may extend to conducting negotiations for the settlement of repossession proceedings and a second consultation in those circumstances. The Consultation Service shall include but not be limited to:

- arranging a consultation with the client and taking instructions

- checking the borrower's legal position,

- explaining clearly the position to the borrower and answering their questions,

- advising the borrower on any related legal complications (for example where a co-borrower is not co-operating in efforts to resolve the mortgage arrears) or where needed, on legal aspects of alternative solutions,

- informing the person who does not have a legal defence to repossession, but who might benefit from accompaniment to Court, of the existence of the duty solicitor service,

- advising and facilitating the person to make an application for civil legal aid to defend the proceedings (outside the scope of this scheme) if they have a good defence capable of meeting the merits criteria under section 24 and 28 of the Civil Legal Aid Act, 1995.

The principle of the duty solicitor service is that a solicitor is in attendance at the court to provide assistance generally, to persons who have been served with proceedings for re-possession of their home and who do not have legal representation. The duty solicitor is paid for their time rather than by case. Persons who have been served with a Civil Bill for Repossession of their home which is listed for hearing before the County Registrar and who have been given a legal advice voucher, may avail of the Duty Solicitor Service.

The PIA Review Legal Aid Service relates to applications to the Circuit Court or High Court where a debtor has sought to come to an arrangement with his or her creditors with the assistance of a Personal Insolvency Practitioner but the creditors or one of them has not approved the arrangement, the debtor wishes to seek the court's overruling of the creditors objections, and the Personal Insolvency Practitioner believes there are good grounds for doing so.

The development of this scheme is at an advanced stage and I expect that it will be introduced in the near future.

Garda Transport Provision

Questions (55)

Seán Haughey

Question:

55. Deputy Seán Haughey asked the Minister for Justice and Equality to provide funding for the purchase of extra Garda Síochána command and control vehicles; and if she will make a statement on the matter. [9253/16]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources and I, as Minister, have no direct role in the matter.

I am informed by Garda management that there are no plans at present to purchase command and control vehicles.

Since 2012, some €34 million has been invested in the Garda fleet, with over 640 new vehicles coming on stream since the start of 2015. This significant investment provides the Gardaí with additional high-powered vehicles, marked and unmarked patrol cars, and motorcycles for high-visibility road policing. Investment in a modern, effective and fit-for-purpose Garda fleet will continue under the Government’s Capital Plan 2016-2021 which provides €46 million for new Garda vehicles, ensuring that Garda can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.

Garda Transport Expenditure

Questions (56)

Seán Haughey

Question:

56. Deputy Seán Haughey asked the Minister for Justice and Equality when the contract for the supply of fuel to the fleet of An Garda Síochána was last put out to tender; the length of time the contract was awarded for; and if she will make a statement on the matter. [9254/16]

Written answers

Minister for Justice and Equality

I am informed by Garda management that the Office of Government Procurement is responsible for the awarding of the contract for the supply of fuel to the fleet of An Garda Síochána and that the current contract runs until 31 January 2017.

I understand that the contract was put out to tender in 2013 and that the current Fuel Charge Card Framework Agreement began on 1 February 2014.