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Friday, 16 Sep 2016

Written Answers Nos. 69-88

Residency Permits

Questions (69)

Bernard Durkan

Question:

69. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to be followed in order to facilitate long-term residency in the case of a person (details supplied); and if she will make a statement on the matter. [24913/16]

View answer

Written answers

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that they are not in receipt of any application for long term residency from the person concerned. In the circumstances, I would suggest that the person make an application and give full details of their current circumstances in the State, to enable a decision to be made in this case.

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 long awaited

Deportation Orders

Questions (70)

Bernard Durkan

Question:

70. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current position in respect of residency status in the case of a person (details supplied); and if she will make a statement on the matter. [24916/16]

View answer

Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 27 May 2016. This Order requires the person concerned to remove themselves from the State and remain outside the State. The enforcement of the Deportation Order is a 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.

Departmental Contracts

Questions (71)

Clare Daly

Question:

71. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the reason for her Department's decision to award the contract for the State's privatised speed camera system to a company (details supplied), in view of the fact that when the contract was awarded a former director of another company (details supplied) which owns 16% of the company was awaiting sentencing in the United States having admitted to fraud, corruption and bribery; the reason the decision was taken to award the contract to this company in view of the fact that it is based in the Isle of Man; and if she will make a statement on the matter. [24919/16]

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Written answers

On 17 August 2016, a new contract for the provision and operation of the safety camera network on Irish roads was concluded following a public procurement competition. The new contract for the safety camera service is with Road Safety Operations Ireland Limited, a private limited company, trading as GoSafe. All tenders received were evaluated by a tender evaluation committee chaired by my Department and comprising Department of Transport, Tourism and Sport, An Garda Síochána, Office of Government Procurement and Transport Infrastructure Ireland. The CSSO provided advices to the evaluation committee throughout the evaluation process. The suitability of all tenderers to proceed to the tender evaluation process was confirmed with reference to a number of qualification and compliance criteria.

A Contracting Authority is required to accept the tenderer which best meets the criteria, save where a tenderer is required to be excluded. In the context of the issue raised by the Deputy concerning proceedings in the United States, a tenderer who has been subject to a conviction by final judgement can be excluded. The conviction to which the Deputy refers is not a conviction of the preferred tenderer referred to in the Deputy's question details, nor is it a conviction of a sub-contractor to the preferred tenderer, but is, rather, a conviction of a person who was previously employed (but is no longer employed) by a different company within a commercial group, of which the shareholder referred to is also a member.

Deportation Orders

Questions (72)

Bernard Durkan

Question:

72. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and expected position in respect of residency status in the case of a person (details supplied); and if she will make a statement on the matter. [24934/16]

View answer

Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 15 August 2016. This Order requires the person concerned to remove themselves from the State and remain outside the State. The enforcement of the Deportation Order is a 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.

Deportation Orders Re-examination

Questions (73)

Bernard Durkan

Question:

73. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and expected position in respect of residency status in the case of a person (details supplied); and if she will make a statement on the matter. [24939/16]

View answer

Written answers

I am informed 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 17th May 2012 and therefore has no entitlement to residency in the State.

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.

Naturalisation Applications

Questions (74)

Bernard Durkan

Question:

74. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); if all requested documentation has now been submitted; and if she will make a statement on the matter. [24942/16]

View answer

Written answers

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, with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence are satisfied.

A letter issued to the person concerned on 26 July 2016 requesting certain information, however no response has been received to date. Upon receipt of the requested information, or in the event that the person concerned does not respond, the case will be submitted to me for decision in due course.

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.

Naturalisation Applications

Questions (75)

Bernard Durkan

Question:

75. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of application for citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [24944/16]

View answer

Written answers

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 under consideration and has not yet reached a conclusion.

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.

Naturalisation Applications

Questions (76)

Bernard Durkan

Question:

76. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [24945/16]

View answer

Written answers

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.

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.

Irish Prison Service

Questions (77)

Clare Daly

Question:

77. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the scoring structure used in assessing applications for recruitment to chief officer 2 - work and training in the Irish Prison Service. [24969/16]

View answer

Written answers

All internal promotional competitions held by the Irish Prison Service are carried out in line with the Code of Practice issued by the Commission for Public Service Appointments (CPSA). This Code provides that "appointments are made following a competitive, merit-based selection process in which all candidates have been treated equally at each stage" and that "decisions taken throughout the selection process are based on the qualifications, attributes and skills necessary to undertake the duties and fulfil the responsibilities of the post to the required standard". The conditions of the promotional competition referred to by the Deputy were set out in Irish Prison Service Circular 5/2016, which was circulated to all eligible staff. In accordance with the terms of the Circular, the Irish Prison Service provided for a shortlisting stage for this competition. This involved candidates' application forms being assessed by the interview board under the headings of five competencies identified for the role in the Circular, with marks being awarded out of 10 for each competency at shortlisting stage. Candidates who were successful at shortlisting, namely those who were awarded a mark of at least 5 out of 10 for each competency, were invited to interview stage which involved the candidates being assessed under the five competencies, with marks being awarded out of 100 for each competency at interview stage.

Naturalisation Applications

Questions (78)

Bernard Durkan

Question:

78. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of an application for citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [24974/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a letter issued on 24 August to the person referred to by the Deputy advising of the decision on his application for a 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.

EU Directives

Questions (79)

Michael Healy-Rae

Question:

79. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality her views on a matter (details supplied) regarding a new EU deactivation regulation on firearms; and if she will make a statement on the matter. [24997/16]

View answer

Written answers

On 18 November 2015, the European Commission proposed a revision of the Firearms Directive (Directive 91/477/EEC as amended by Directive 2008/51/EC). This proposal was based on the conclusions of studies the European Commission conducted evaluating all provisions of the Firearms Directive and their implementation in EU countries. The reports highlight a number of weaknesses and loopholes in the current legislation which the Commission's proposal aims to address.

The Firearms Directive allows the Commission to adopt standards and rules on the deactivation of firearms. The Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 (Deactivation Regulation) establishes common guidelines on deactivation within the EU with the objective to address problems due to the illegal reactivation of firearms by using pieces of other deactivated arms, home-made pieces or pieces acquired via the Internet.

The Commission Implementing Regulation has been developed in discussion with EU country experts and is based on technical specifications for deactivation developed by the Permanent International Commission for the Proof of Small Arms (the CIP). This Regulation sets out common and strict minimum criteria for the way EU countries must deactivate weapons so that they are rendered irreversibly inoperable. This Regulation came into effect on 8 April 2016 and has direct application within this jurisdiction. It permits both firearms owners and registered firearms dealers to carry out the work required to render the firearm irreversibly deactivated in accordance with the regulation. The firearm must then be submitted to any one of the current 46 national competent authorities within the EU for verification and certification.

Ireland has not appointed a Competent Authority to verify the deactivation of firearms in accordance with this Regulation because there is no significant firearms manufacturing industry in this country and no formal training for a gunsmith is recognised by the State. However, the Department of Justice and Equality has received statements of interest from five interested parties who wish to be assessed to be appointed as a Competent Authority for the verification of the deactivation of firearms under the regulation. The applicants are preparing formal applications at present and these shall be assessed upon receipt. In the meantime, the Birmingham Proof House has been approved by UK authorities to verify the deactivation of firearms in accordance with the Regulation and they have indicated their willingness to undertake such verification work for Irish customers.

The possession of any firearm, even after deactivation, will continue to require authorisation by An Garda Síochána.

Residency Permits

Questions (80)

Bernard Durkan

Question:

80. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current position in respect of residency status in the case of a person (details supplied); and if she will make a statement on the matter. [24999/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for a right of residency, accompanied by a right to work, based on her parentage of an Irish citizen child. The application is currently under consideration and INIS will be in contact with the person concerned in the near future.

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 long awaited.

Questions Nos. 81 to 83, inclusive, answered with Question No. 23.

Departmental Staff Data

Questions (84, 85)

Pearse Doherty

Question:

84. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the number of forensic accountants currently employed by her Department of under her aegis or under the aegis of the State; and if she will make a statement on the matter. [25015/16]

View answer

Pearse Doherty

Question:

85. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality her plans to increase the number of forensic accountants working for her Department or working for her Department but based in another Department; if so, the number by which; and if not, the reason therefor; and if she will make a statement on the matter. [25016/16]

View answer

Written answers

I propose to take Questions Nos. 84 and 85 together.

I am advised by my officials that there is currently one full-time Forensic Accountant employed by my Department in the Criminal Assets Bureau (CAB). As a result of the exit of staff there are currently two vacancies for Forensic Accountants in CAB and my Department is working with the Public Appointment Service to appoint suitable candidates in order to fill these vacancies as quickly as possible.

My Department is currently engaged in Workforce Planning and will, as part of that process, be assessing resource requirements for 2017 to 2019 including the necessity for any specialist skills that may be required by the Department to effectively discharge all of its functions. Any requirements for forensic accountants will be assessed in the context of this Workforce Planning process.

There are also two Forensic Accountants assigned to the Garda National Economic Crime Bureau (formerly Garda Bureau of Fraud Investigation) and a competition to appoint a further two forensic accountants to the Bureau has recently been completed, under the auspices of the Public Appointments Service.

Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed and is determined by a number of factors including population, crime trends and as the policing needs of each individual division dictates. Such monitoring ensures that optimum use is made of Garda resources, and the best possible Garda service is provided to the general public.

Residency Permits

Questions (86)

Bernard Durkan

Question:

86. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to be followed in order to regularise the status in the case of persons (details supplied); and if she will make a statement on the matter. [25017/16]

View answer

Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that they are not in receipt of any application from the persons concerned to regularise their residency status. I should add that there is no record of the persons concerned having legally entered the State. In the circumstances, I would suggest that they make an application and give full details of their current circumstances in the State, including details of their Irish citizen child, to enable a decision to be made in their case.

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 long awaited

Residency Permits

Questions (87)

Bernard Durkan

Question:

87. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [25018/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned currently holds an immigration permission which expires on 22 May 2017. As per the Department's decision letter dated 7th June 2013, in order to obtain a renewal of this permission to remain in the State, the person concerned should attend at their local immigration office, two weeks prior to their permission expiring.

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.

Garda Vetting of Personnel

Questions (88)

Seán Fleming

Question:

88. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality the position regarding persons who require Garda Síochána vetting who have lived or worked in the USA for some years and the ability of An Garda Síochána to complete their inquiries with the American authorities; if the Central Intelligence Agency in the USA charges a fee to provide the vetting information or if a person has to get this done privately in the USA to the satisfaction of the authorities here; and if he will make a statement on the matter [25025/16]

View answer

Written answers

The National Vetting Bureau of An Garda Síochána conducts vetting in respect of this jurisdiction only.

The question of the arrangements in place and fees that may be charged in other jurisdictions are matters for the authorities in those jurisdictions.

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