Written Answers Nos. 61 - 80
61. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the new Garda promotions she will bring to Cabinet for decision in advance of the summer recess by number and rank; the concerns, if any, she has with the process; and if she will make a statement on the matter. [23976/16]
View answerI have no plans to bring further recommendations for appointments to the ranks of An Garda Síochána to Government before the Summer recess.
Appointments made by Government to An Garda Síochána are made in accordance with the statutory framework as set out in the Garda Síochána Act 2005 and related regulations. In particular, appointees are drawn in order of merit from panels formed on foot of competitions held by the Garda Commissioner in accordance with the Garda Síochána (Promotion) Regulations 2006. As the Deputy will be aware the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 contemplates the transfer of this appointment function to the Authority. The relevant provisions will be commenced once the necessary amending regulations have been completed and the Authority is in a position to conduct selection competitions.
62. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current position regarding representations against the proposal to deport a person (details supplied); if the full extent of such representations have been received to date; and if she will make a statement on the matter. [24000/16]
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 25 May 2011.
Representations were received from the person's legal representative, to request the Minister to use her discretion, 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 mean-time, 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.
63. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to be followed to regularise the residency in the case of a person (details supplied); and if she will make a statement on the matter. [24001/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was registered in the State under Stamp 1 conditions between 17th May 2002 and 5th March 2003.
I wish to advise the Deputy, however, that the Residence Division of INIS does not currently have any current application for the person before them. Should they wish to regularise their position in the State, then the person concerned should make an application to the Residence Division of INIS setting out the details of their case. Information on application types, qualifying criteria, and required documentation are available on the INIS website.
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 questions where the response from 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 the correct procedure to be followed to regularise the residency or qualify for stamp 4 in the case of a person (details supplied); and if she will make a statement on the matter. [24002/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that Stamp 3 is the correct stamp for a person who is deemed to be a 'dependent'. If however, there are exceptional humanitarian considerations to be considered which might impact on an individual's immigration status then the person concerned should be advised to write to Unit 2, Residence Division of INIS.
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 questions where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
65. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to regularise the status of a person (details supplied) here; and if she will make a statement on the matter. [24003/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that no record of a person with the name given by the Deputy would appear to be registered in the State. If this is the case, the person concerned is illegally in the State and in breach of the Immigration Act, 2004.
It is open to any foreign national who finds themselves in an undocumented situation to apply to the authorities for permission to remain. Cases are carefully considered before a decision is made. It should also be remembered that most people become undocumented through their own conscious actions or omissions. There are currently no plans to engage in any form of blanket regularisation of migrants who are unlawfully in the State. It is the responsibility of all non EEA nationals who are resident in the State to ensure that they have an appropriate permission from the Minister for Justice and Equality. Most migrants do in fact comply with this condition and obey the State's immigration laws.
At EU Level, the Member States, in agreeing the European Pact on Immigration and Asylum at the European Council in October 2008 made specific commitments "to use only case-by-case regularisation, rather than generalised regularisation, under national law, for humanitarian or economic reasons". While the Pact is not legally binding, the political commitment among Member States, then and now, is clearly against any form of process that would in any way legitimise the status of those unlawfully present without first examining the merits of their individual cases. In our case there are also considerations based on maintaining the integrity of the Common Travel Area with the UK which must be taken into account.
Clearly, all illegal immigrant cases are not the same and must be dealt with on a case by case basis taking account of their individual circumstances. At one end of the scale are those where the person's illegal status is through no fault of their own and indeed the Department continue to deal with cases of this nature on an ongoing basis. However there are also much more egregious instances of immigration abuse, often at considerable expense to the State and it does not follow that such persons should profit from their conduct.
Sometimes case by case consideration will result in a positive outcome for the applicant. However, in other cases this may result in a decision by the Irish authorities, subject to the oversight of our Courts, that the person has to go home. That decision should be respected.
66. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current position in regard to eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [24004/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy, who currently has permission to reside in the State until 20 May 2017.
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 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
67. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current position in regard to determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [24005/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy. The person concerned recently had their permission to remain in the State renewed for a further one year period to 3rd May 2017.
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.
Persons making an application for a certificate of naturalisation are required to provide satisfactory evidence of their identity and nationality. This is usually in the form of a currently valid passport and may include other original supporting documents, such as a birth certificate and marriage certificate. In rare circumstances where an applicant cannot produce their passport or other supporting documents the applicant will be required to provide a full explanation. Such explanation should be supported by satisfactory evidence that they have attempted to obtain such documentation and correspondence from the relevant authorities responsible for the issuing of passports in their country, clearly stating the reasons the documentation cannot be provided. INIS will consider the reasons given and, if satisfied it is for reasons genuinely beyond the applicant's control, may suggest alternative means to the person to assist in establishing their identity and nationality.
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 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
68. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if her Department has received representations seeking the revocation of a deportation order in the case of a person (details supplied); and if she will make a statement on the matter. [24006/16]
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 25 May 2011. The claimed nationality of the person concerned referred to by the Deputy was subsequently found to be false.
Representations were received from the person's legal representative, to request the Minister to use her discretion, 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 mean-time, 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.
69. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the position of a renewal of stamp 4 in the case of a person (details supplied); and if she will make a statement on the matter. [24007/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that they are in correspondence with the person concerned and wrote to them on 5 May, 2016 to clarify a number of matters. A reply to that letter is awaited.
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.
70. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current status and eligibility for stamp 4 naturalisation extended residency in the case of a person (details supplied); and if she will make a statement on the matter. [24011/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned, who currently has permission to reside in the State until 24 January 2020, has submitted an application for a certificate of naturalisation. In this regard a letter has issued requesting the person concerned to submit the prescribed certification fee and other documents. When the fee and documentation are received, an invitation will be issued to attend a citizenship ceremony, at which the person concerned will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive his certificate of naturalisation.
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 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
71. 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. [24012/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of the person concerned on file. It is apparent, however, that the mother and father of the person concerned have permission to reside in the State on Stamp 1 and Stamp 4 conditions, respectively.
I wish to advise the Deputy that the Residence Division of INIS does not currently have an application for the person concerned before them. Should they wish to regularise their position in the State, then the person concerned should make an application to the Residence Division of INIS setting out the details of their case. Information on application types, qualifying criteria, and required documentation is available on the INIS website.
All non-EEA nationals over the age of 16 who are dependent upon their parents in the State must register with their local Garda National Immigration Bureau Office.
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 questions where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
72. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if an appointment can be made for registration of status in the case of a person (details supplied); and if she will make a statement on the matter. [24013/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned is currently registered with their local immigration office and has permission up to 4 November 2016.
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.
73. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the way she intends to link particular non-EU student visa applications to particular programmes of study once that student commences their learning; the follow-up done in respect of verifying colleges and learner participation; and if she will make a statement on the matter. [24055/16]
View answerStudent migration and international education continue to contribute significantly to Ireland both culturally and economically. Their importance has been recognised in successive Programmes for Government and was underscored by Ireland's first International Education Strategy published in September 2010. Ireland's strong reputation in this sector has been built up over many years through the provision of high-quality education services, including English language education, and the close cooperation of key Government Departments, including my own Department, in delivering the reform commitments set out in the Programme for Government and the International Education Strategy.
At the outset I wish to make it clear that any Non-EEA student seeking to come to Ireland to take up an education programme is expected to comply with all the usual immigration requirements and additional requirements for students clearly set out on the website of the Irish Naturalisation and Immigration Service (inis.gov.ie/en/INIS/Pages/Students). Some of the key requirements relate to taking up places only on eligible programmes, maximum duration of student permission in the State, financial security and private medical insurance.
In conjunction with the Department of Education and Skills the student regime has been updated over the years to reflect changing requirements and to ensure sufficient controls are in place. A major review was carried out and published in September 2014 setting out a joint policy statement and key reforms, in particular a new regulatory framework across three separate pillars, as follows:
- Restrictions on the programmes permitted for student immigration purposes.
- An enhanced compliance and inspection regime.
- Strengthening the terms of the student work concession.
This policy is being implemented on a phased basis taking into account a High Court case taken by two institutions that did not hold the Accreditation and Coordination of English Language Services (ACELS) recognition which meant that transitionary arrangements needed to be put in place in respect of English language education. In that regard, such providers are now expected to comply with certain additional requirements before being listed as eligible for immigration purposes. These requirements, among other things, require such providers to demonstrate: transparency of ownership; good governance; adequate learner protection; and higher standards as regards student services and their physical environment. The first round of applications was opened in July 2015 and also involved unannounced inspections selected on the basis of a risk assessment. The second phase of reforms was delivered in January 2016 when language programmes were listed for the first time on the Interim List of Eligible Programmes (ILEP). Simultaneously, the Internationalisation Register ceased to exist.
By its very nature the ILEP is intended to be a temporary solution to address a gap in the lead up to the introduction of the International Education Mark (IEM) which will provide a full quality assurance framework in the future. In this interim process, however, providers must continue to comply with the new stricter conditions now applicable to the sector in order to retain their listings. The process is reopened from time to time to allow new applications taking account of expansion of the sector and changing trends in international education. The ILEP was updated in April 2016 and is expected to be updated again in August 2016, and at future dates to be determined, to reflect such changes, pending the introduction of the IEM.
Finally, it is important to stress that my Department has no role in accrediting education providers or education programmes which is the responsibility of the Department of Education and Skills.
74. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality the position regarding a project (details supplied); when it will proceed to the next stage; and if she will make a statement on the matter. [24108/16]
View answerAs the Deputy will be aware, the Office of Public Works (OPW) has the primary responsibility for the provision and maintenance of Garda accommodation and works closely with the Garda authorities in this regard.
The Garda Building and Refurbishment Programme 2016-2021 includes the development of a new Garda station at the District Headquarters of Bailieboro, Co Cavan.
I am advised by the Garda authorities that a site has been identified for the new Garda Station and that the OPW is progressing the legal matters relating to the acquisition of the site.
Until the site acquisition is completed, it is not possible to provide an exact time line and details on procurement, construction and costing of the new station.
75. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality the progress to date in establishing the joint agency task force following the Fresh Start agreement; and if she will make a statement on the matter. [24114/16]
View answerThe Joint Agency Task Force established under the 'Fresh Start' Agreement was one of the important commitments to tackle cross-border organised crime, including that linked to paramilitarism. The Joint Agency Task Force is led by the police and revenue services and brings together the relevant law enforcement agencies to better co-ordinate strategic and operational actions against cross-border organised crime. It involves senior officers from An Garda Síochána, the PSNI, the Revenue Commissioners and HM Revenue and Customs; it also includes the Criminal Assets Bureau and UK National Crime Agency as well as other interested law enforcement services (such as environmental protection agencies and immigration services).
The Joint Agency Task Force has been operational and active since the start of this year and I received the first six-monthly report on its work at my meeting with the Northern Ireland Minister of Justice, Claire Sugden MLA on 4 July. The report is available on my Department's website and I have arranged for a copy to be forwarded directly to the Deputy.
The report details the work that has been undertaken in establishing the Joint Agency Task Force as well as the particular areas of cross-border criminal activity that have been the subject of joint operations. There have, for example, been specific operations targeting rural crime, child sexual exploitation and human trafficking for labour exploitation that have resulted in a number of arrests, the seizure of stolen vehicles, equipment and other goods, cash and drugs and the identification by the Revenue services of unregistered business interests. In respect of rural crime, there was also a specific focus on awareness-raising and providing crime prevention advice at community level on both sides of the border.
The report illustrates the positive and proactive approach that the Joint Agency Task Force has taken over its first six months and I commend the work of all of the agencies involved.
76. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality the cost of implementing a living wage of €11.50 for all employees directly employed or in agencies funded by her Department; and if she will make a statement on the matter. [24165/16]
View answerI wish to refer the Deputy to Parliamentary Question 390 of 17 December 2015 which provided material on the above question.
Since that time, based on current staffing figures, there has been no appreciable change in the estimated cost of approximately €592,000 to my Department of implementing a living wage of €11.50 per hour.
77. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality the discussions her Department has had with suppliers or service contractors to her Department or to agencies of her Department to ensure that employees of such suppliers and contractors are paid the living wage of €11.50 per hour; the cost of implementing this wage for these employees; and if she will make a statement on the matter. [24180/16]
View answerThe Deputy may be aware that standard procurement terms and conditions for goods and services are prepared by the Chief State Solicitor and published by the Office of Government Procurement. These ensure that public service organisations fully discharge their legal obligations including those under employment law. Acceptance of these conditions is a qualification requirement before vendors can be awarded a contract by my Department. The setting of Ireland’s statutory National Minimum Wage is a matter for the Minister for Jobs, Enterprise and Innovation.
The Living Wage, because it is a voluntary initiative, cannot be imposed on suppliers or contractors.
78. Deputy Martin Heydon asked the Tánaiste and Minister for Justice and Equality if she is aware of the practice of some persons for Garda recruitment attending preparation courses in advance of sitting aptitude tests; her views on whether these courses are necessary for all persons or if they place those who cannot take them for financial reasons at a disadvantage in the competitive recruitment process; and if she will make a statement on the matter. [24224/16]
View answerThe Deputy will be aware that competitions for recruitment to An Garda Síochána as a Garda trainee are run by the Public Appointments Service (PAS) on behalf of the Garda Commissioner.
I am informed by the Garda Authorities that the information booklet for applicants provided by PAS makes it clear that familiarisation material will be available in advance of each assessment stage; that the questionnaire, tests, exercises and interview require no other special preparation; and that past papers are not available. I am further informed that the information booklet also clearly states that neither PAS nor An Garda Síochána have a function or involvement in the provision of, and do not endorse, any preparation courses relating to the selection process for the role of Garda trainee.
79. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of drug seizures in each Dublin metropolitan Garda district for each of the years 2013, 2014, 2015 and to date in 2016; and the quantity, type and value of drug seizures involved. [24263/16]
View answerI wish to advise the Deputy that it is not possible to provide the data sought in the time available for reply. I have requested a report from the Garda authorities in relation to this matter and I will further advise the Deputy in this regard when the report is to hand.
80. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of different instances in which counterfeit euro notes have been seized by or have come into the possession of the Garda for each of the years 2013 to 2016 to date; the total notional value of euros involved; and if she will make a statement on the matter. [24264/16]
View answerI have sought an up to date report from the Garda authorities in relation to the matters referred to and will contact the Deputy directly when this information is to hand.
