Written Answers Nos. 75 - 87
75. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of drivers An Garda Síochána visited and requested to surrender their licence after receiving correspondence from the Road Safety Authority instructing it to do so; the procedures gardaí used to follow up on drivers who failed to surrender their licence; and if she will make a statement on the matter. [17840/16]
View answerI have requested a report from the Garda authorities in relation to the matters referred to by the Deputy and will contact the Deputy directly as soon as the report is to hand.
76. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of marked and unmarked Garda Síochána cars and marked Garda Síochána vans that were allocated to the R district as of 31 December 2015 and as of 13 June 2016. [17841/16]
View answerAs 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.
The information requested by the Deputy in relation to allocation of Garda vehicles to the Garda R District is set out in the following tables. I am informed that the allocation of Garda vehicles is monitored and reviewed on a continual basis and vehicles are allocated between districts as required by operational circumstances.
Vehicles Allocated to R District on 31 December 2015
|
Cars |
Vans |
Total |
||
|
MARKED |
UNMARKED |
|||
|
Coolock |
9 |
17 |
2 |
28 |
Vehicles Allocated to R District on 21 June 2016
|
Cars |
Vans |
Total |
||
|
MARKED |
UNMARKED |
|||
|
Coolock |
9 |
16 |
2 |
27 |
The Deputy will be aware that, in recent times, the Government has made considerable funding available to provide An Garda Síochána with additional high-powered vehicles, patrol cars (marked and unmarked) and motorcycles to ensure that Gardaí can be mobile, visible and responsive on the roads and in the community.
In summary, over €34 million has been invested in the fleet since 2012, with over 720 new vehicles coming on stream since the start of 2015, and a further €46 million is being provided under the Government's Capital Plan 2016 - 2021.
77. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of complaints the Garda National Bureau of Criminal Investigation received; and the number of prosecutions which took place relating to the complaints in each of the years 2014 to 2016, to date. [17842/16]
View answerI can advise the Deputy that statistics in relation to recorded crime are available from the Central Statistics Office by reference to category of crime and geographic location rather than by reference to the operational Garda units involved in its investigation. To be of assistance I have, however, asked the Garda authorities for any relevant information available in relation to the Deputy's query and will contact the Deputy directly when a Garda report is to hand.
78. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the status of an application by a person (details supplied) for a visa; and if she will make a statement on the matter. [17853/16]
View answerI am advised by officials of the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for Join Family was received from the person referred to on 26 February, 2016 by the Irish Visa Office in New Delhi. The application is currently being processed and a decision will issue in the near future.
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 the INIS Visa Office in New Delhi (ndvi@dfa.ie).
79. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the status of an application by a person (details supplied) for long-term residency; and if she will make a statement on the matter. [17854/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that Long Term Residency is granted on the basis that a non EEA national has completed a minimum of five years (i.e. 60 months) legal residence in the State on work permit conditions which is reflected in the corresponding Stamp 1 or Stamp 4 endorsements on a person's passport and not by the dates of commencement and expiry of each work permit or equivalent document as some applicants assume.
I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned made an application for Long Term Residency on 29 January, 2016. I am advised that such applications are considered on a case by case basis having regard to the particular circumstances of the application. I am advised that INIS are in the final stages of this process and a decision letter on this application will be issued within the next 10 working days.
The Deputy will be aware 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 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 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.
80. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the residency status or eligibility to achieve long-term residency and naturalisation in the case of persons (details supplied); and if she will make a statement on the matter. [17874/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned are a husband and wife who are the subjects of deportation orders made on 11th March, 2005. Therefore, as things stand at present, the issues of Long Term Residency or Naturalisation do not arise in the context of the persons concerned.
Both persons were deported from the State some years ago, however, according to information received from their legal representatives, in correspondence which was received in the INIS in April, 2016, they returned to this State the year after they were deported.
The correspondence referred to included a request, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended), to have the deportation orders revoked. This request will be considered as soon as it is possible to do so. The Deputy might wish to note that the decision to ensue from any such consideration will be to 'affirm' or to 'revoke' the existing deportation orders. In the meantime, the deportation orders remain valid and in place and, as such, the persons concerned are legally obliged to comply with any reporting requirements placed on them by the Garda National Immigration Bureau.
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.
81. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will re-examine the residency status in the case of a person (details supplied); and if she will make a statement on the matter. [17875/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 10th July, 2008, following the refusal of the asylum claim made by the person concerned and the detailed consideration of their case under Section 3 of the Immigration Act 1999 (as amended). That Order remains valid and in place.
Representations were received from the person concerned requesting that the Deportation Order be revoked, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). Following the consideration of that request, a decision was taken in May, 2016 that the Deportation Order should be 'affirmed' and this decision was communicated to the person concerned by registered post dated 9th May, 2016. On foot of that decision, the person concerned was required to 'present' at the Offices of the Garda National Immigration Bureau on 12th May, 2016 to make arrangements for their deportation from the State. The person concerned failed to 'present' on that occasion and is therefore recorded as a person who is evading deportation.
The Deputy might wish to note that the effect of a Deportation Order is that the person named on the Order is legally obliged to leave the State and to remain outside the State thereafter. The enforcement of the Deportation Order in this case is an operational matter for the Garda National Immigration Bureau.
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.
82. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of the determination of residency entitlement and eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [17876/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that if the person concerned 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.
I am also advised that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. 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 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.
83. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the residency status in the case of a person (details supplied); and if she will make a statement on the matter. [17878/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 11th May, 2015. This Order placed a legal obligation on the person concerned to remove themselves from the State and to remain out of the State.
The enforcement of the Deportation Order is a matter for the Garda National Immigration Bureau (GNIB). If the person concerned has failed to leave the State as required, they are legally obliged to comply with any reporting requirements placed on them by GNIB.
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.
84. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will review the case of a person (details supplied); and if she will make a statement on the matter. [17880/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the situation remains as set out in my reply to the Deputy's Parliamentary Question of the 16 June 2016 in relation to the person concerned.
I understand that the person concerned did not respond to correspondence from INIS, which issued mid January 2016, requesting documentation to support their application. It could not, therefore, be ascertained that this person was residing in the State with her Irish National spouse as part of a family unit. The application was subsequently deemed withdrawn, and the person concerned was notified by way of letter from INIS at beginning of June 2016. The person concerned, if still living in the State, should now contact INIS as a matter of urgency regarding their permission to remain.
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 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.
85. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality why a newly built prison in County Cork is operating at 160% capacity as of 14 June 2016, as determined by the Inspector of Prisons bed capacity; when she will address the overcrowding; and if she will make a statement on the matter. [17893/16]
View answerI am advised by the Director General of the Irish Prison Service that on 21 June 2016, there were 277 prisoners held in Cork Prison. The Irish Prison Service has set an operational bed capacity figure of 296 for the new Cork Prison.
The Inspector of Prisons' capacity to which the Deputy refers relates to the old Cork Prison which is currently not operational.
I am further advised by the Director General of the Irish Prison Service that earlier this year, the Inspector of Prisons was notified of this new capacity figure. The Irish Prison Service are waiting on a response in respect of the Inspector's revised capacity figure for the new prison.
86. Deputy Jim Daly asked the Minister for Finance if he is aware of the waiting times involved when appealing a decision made under the disabled drivers and disabled passengers tax concessions scheme 1994; his views on whether they are acceptable; the actions that can be taken to address them; and if he will make a statement on the matter. [17743/16]
View answerI am informed by the Medical Board of Appeal that as of June 2016, there are 168 appeals active at the Board with an additional 15 appeals to be heard at a regional sitting of the Board in Cork in September. Since January 2016 to date, the Board has heard 220 appeals. However, 2016 has seen an average monthly increase of 20% in the number of appeals lodged on previous years. In order to address this sudden increased demand, the Board has been holding hearings three times per month rather than the usual two.
I am confident that the Board has the matter in hand and that the additional hearings will address the issue. I will keep the matter under review. I would point out that Regulation 6(1)(e) of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations, 1994 (S.I. 353 of 1994) provides that the Medical Board of Appeal is independent in the exercise of its functions.
87. Deputy Richard Boyd Barrett asked the Minister for Finance his views on whether motor insurance companies are operating a regime of age discrimination with increased premiums for the young and the old and whether such discrimination is illegal under the Equal Status Act 2000; and if he will make a statement on the matter. [17806/16]
View answerAs Minister for Finance, I am responsible for the development of the legal framework governing financial regulation. Insurance companies are required under European law to price in accordance with risk and neither I, nor the Central Bank of Ireland, can direct insurance companies on the pricing or the provision of insurance products.
The EU framework for insurance expressly prohibits Member States adopting rules which require the prior approval or systematic notification of certain matters, including general and special policy conditions and scales of premiums. Furthermore, the EU framework provides non-life insurers with the freedom to set premiums. This has been acknowledged by the European Court of Justice.
Insurance companies consider a number of risks when determining the premium for a proposed insurance policy, whether that is a general insurance policy such as motor or home insurance, or a life assurance policy. A premium is based on the actuarial calculation of risk.
Insurance Ireland motor insurers in making decisions on whether to offer cover and what terms to apply, use a combination of rating factors such as the age of the driver, the type of car, claims record, driving experience, number of drivers, how the car is used, etc. Insurers do not all use the same combination of rating factors, prices vary across the market and consumers are free to choose.
The Equal Status Acts prohibit certain kinds of discrimination in the provision of goods, facilities and services, obtaining or disposing of accommodation and in relation to educational establishments. The legislation protects against discrimination on nine specific grounds, including age.
However, the legislation also provides that people can be treated differently on any grounds in relation to insurance, covering annuities, pensions, insurance policies and other matters relating to risk assessment but only if the differences are based on actuarial or statistical data or other relevant underwriting or commercial factors and are reasonable and not based on gender.
Finally, in the event that a person is unable to obtain a quotation for motor insurance or feels that the premium proposed or the terms are so excessive that it amounts to a refusal to give them motor insurance, they should contact Insurance Ireland (01 6761820) quoting the Declined Cases Agreement. Under this Agreement, the Declined Cases Committee of Insurance Ireland deals with cases of difficulty in obtaining motor insurance.
