Written Answers Nos. 59-70
59. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of the determination of naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [18893/16]
View answerI 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, with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence, are satisfied 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.
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.
60. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality to indicate the correct procedure to be followed to regularise the situation in the case of a person (details supplied); the procedures to be followed in such circumstances; and if she will make a statement on the matter. [18894/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that following on from representations made by the Deputy the person in question was granted permission to reside in the State. A letter to this effect issued on 12 April 2016. This letter specifically states that the person should register this permission with their local Immigration Registration Officer promptly and that failure to do so will be considered to constitute a failure to comply with the laws of the State and may constitute in itself a ground for revoking the permission to be in the State. It would appear that this person was outside the State when the INIS letter issued and was not in a position to register promptly.
The person in question should now write to Unit 2, Residence Division detailing the circumstances which prevented prompt registration, enclosing a full copy of their current passport. My officials in that Unit will then respond to them accordingly.
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.
61. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to be followed to regularise residency in the case of a person (details supplied); and if she will make a statement on the matter. [18895/16]
View answerI am advised by the Irish Naturalisation and Immigration Service of my Department (INIS) that it would appear that the person, using the name given by the Deputy, has never registered with the Garda National Immigration Bureau as required by law. If it is the case that the individual in question has remained in the State for the time period as stated, it would therefore seem that this person has remained here without permission. 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.
It would seem that this person failed to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non nationals in respect of registration and in particular the requirements of Section 9(2)(b) of the Act of 2004.
A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence is liable under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.
This person should now present themselves to their local Garda Station.
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.
62. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to be followed to regularise residency in the case of a person (details supplied); and if she will make a statement on the matter. [18896/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it would appear that the person, using the name given by the Deputy, has never registered with the Garda National Immigration Bureau as required by law. If it is the case that the individual in question has remained in the State for the time period as stated, it would therefore seem that this person has remained here without permission. 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.
It would seem that this person failed to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non nationals in respect of registration and in particular the requirements of Section 9(2)(b) of the Act of 2004.
A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence is liable under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.
This person should now present themselves to their local Garda Station.
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.
63. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in determination of residency status and eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [18897/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that a decision issued to the person concerned on 28 June, 2016 in respect of an application for a residence card which falls to be considered under the provisions of the European Communities (Free Movement of Persons) Regulations 2015.
I am also informed that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy. In that regard, I am advised that 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.
The Deputy will be aware 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.
64. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will use her discretion to re-examine and review the case of a person (details supplied); and if she will make a statement on the matter. [18899/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 11th March, 2005 and therefore has no entitlement to residency in the State. The person concerned has been evading his Deportation Order since 2005.
Representations were received from the person concerned pursuant to Section 3(11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to ‘affirm’ or to ‘revoke’ the existing Deportation Order. In the meantime, the Deportation Order remains valid and 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.
65. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality the details of schemes to assist local authorities in providing closed circuit television for areas where there is anti-social behaviour and incidences of crime on a constant basis; and if she will make a statement on the matter. [18995/16]
View answerAs the Deputy will be aware, the Programme for a Partnership Government includes a commitment to provide investment in CCTV systems along the road network and in urban centres.
I am very conscious of the value that communities, especially rural communities, place on CCTV as a means of deterring crime and assisting in the detection of offenders. With this in mind, I instigated a review of the effectiveness of the Community CCTV Scheme in conjunction with the Garda authorities. The outcome of this review will inform the development of proposals, having due regard to the arrangements under the previous scheme, to give effect to the Programme commitment.
66. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if a company (details supplied) tendered for the contract for towing services for Dublin region gardaí in March 2016; and if the 36 month contract granted to this company in March 2013 was thus renewed. [19020/16]
View answer67. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her views on the charges companies who hold contracts for towing and storage services for An Garda Síochána charge; and if any of these fees revert to the State. [19021/16]
View answer68. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the procedures An Garda Síochána has in place in respect of recovering the cost of unpaid storage fees for cars that have been towed away. [19022/16]
View answer69. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality to request An Garda Commissioner to provide details of the safeguards An Garda Síochána has in place in respect of private information it holds in respect of persons whose vehicles have been towed and put into storage. [19023/16]
View answerI propose to take Questions Nos. 66 to 69, inclusive, together.
As the Deputy will appreciate, I, as Minister, have no function in relation to contractual arrangements entered into by An Garda Síochána with third parties. I am informed by the Garda authorities that towing management contracts are advertised to the market by the Office of Government Procurement (OGP) to provide an outsourced solution to assist An Garda Síochána in recovering, storing and the associated administrative work in managing seized vehicles.
I am further informed that there are six towing contracts in place in the Dublin Metropolitan Region. These contracts were awarded following the appropriate tender processes, including advertising in the EU Official Journals (OJEU). The most recent DMR tender was for Dublin West and it was put in place by the OGP following an OJEU tender process in 2015. The previous contract, which was held by Gannon City Recovery, was extended to 6 March 2016 to facilitate the OGP tender process. The new contract commenced on 7 March 2016 and expires on 6 March 2017. It can be extended on a yearly basis up to a maximum of four years. The contractor is Gannon City Recovery.
No maximum prices are set by the OGP/An Garda Síochána in relation to daily storage of vehicles that have been seized. This is a matter for the contractor concerned. The onus is on owners to reclaim their vehicles once they are cleared by An Garda Síochána, thus minimising any additional charges that they might incur.
With regard to the Deputy's query in relation to private information held by An Garda Síochána, the Deputy will be aware that An Garda Síochána is subject to the provisions of Data Protection legislation and has a comprehensive code of practice in place in this regard.
70. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality her estimate of the number of new gardaí that will need to be recruited over the next five years to bring the force to a strength of 15,000, taking into account the likely number of retirements or departures from the force. [19046/16]
View answerThis Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime.
As the Deputy will be aware, when the financial crisis hit, the Government of the time introduced a moratorium on recruitment and the four year National Recovery Plan, published in 2010, envisaged a steady reduction in Garda numbers. Thankfully, in a recovering economy, we were able to reopen the Garda College in September 2014, and a total of 851 Garda trainees have been recruited with a further 300 planned to be recruited during the remainder of this year. So far 463 of the new Garda trainees have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties nationwide. Another 76 will attest on the 7 July with 150 more to attest in November.
The Programme for Government, "A Programme for a Partnership Government" commits to continuing the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000. Taking account of projected retirements of around 300 this year, the current rate of recruitment will bring Garda numbers to around the 13,000 mark this year. We must, I believe, endeavour to make more rapid progress than this to reach our target of 15,000 and I am engaging with my colleague, the Minister for Public Expenditure and Reform, in relation to increasing the planned annual intake this year and in coming years.
In accelerating recruitment it is, of course, essential to ensure that An Garda Síochána has the capacity to train larger numbers without any diminution in the quality of its training programme, and to provide appropriate supervision and support to newly qualified Gardaí to ensure that victims, and the public generally, are well served by their policing service. My officials are also engaging with Garda management as a matter of priority in relation to the preparation of a recruitment plan for the next five years that will deliver increased numbers of Gardaí without any compromise on the quality of those recruited or the training programme. I expect to be in position to bring my proposals in this regard to Government before the Summer.
