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Tuesday, 27 Sep 2016

Written Answers Nos. 103-120

Visa Applications

Questions (103)

Michael Healy-Rae

Question:

103. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the position regarding a visa in respect of a person (details supplied); and if she will make a statement on the matter. [26829/16]

View answer

Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that they recently issued correspondence to the person's legal representative requesting further documentation and information.

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.

Visa Applications

Questions (104)

Michael Healy-Rae

Question:

104. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the position regarding a visa in respect of a person (details supplied); and if she will make a statement on the matter. [26830/16]

View answer

Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that correspondence recently issued to the person's legal representative requesting further documentation and information.

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.

Visa Applications

Questions (105)

Jim O'Callaghan

Question:

105. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality if the visa application process for persons travelling here from Georgia can be improved so as to enable applications to be expedited and completed in a more efficient manner. [26832/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that visa applications made by persons residing in Georgia are processed by the Irish Embassy in Sofia, Bulgaria.

The Embassy in Sofia is the accredited Embassy for Georgia as Ireland does not currently have a Diplomatic Mission there. Staff of the Department of Foreign Affairs based in Sofia, as with all other Irish Embassies abroad, have the authority to process some visa applications under delegated sanction from my Department. In circumstances where an application cannot be processed under delegated sanction, it is forwarded to the INIS Visa Office in Dublin for processing.

In general, every effort is made to process visa applications as quickly as possible. However, time-frames for decision can vary having regard to the volume of applications, their complexity and the resources available to process them. In that regard, I am advised that 50% of all applications received from Georgia in 2015 were issued with a decision within one week of receipt by the Embassy, with a total of 80% issued a decision within two weeks.

Departmental Expenditure

Questions (106)

Robert Troy

Question:

106. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality the total travel expenses and reimbursement costs incurred by her Department per annum from 2011 to 2016 to date, in tabular form; and if she will make a statement on the matter. [26864/16]

View answer

Written answers

I wish to advise the Deputy that the total travel expenses and reimbursement costs incurred by the staff in my Department from January 2011 to August 2016 are as set out in the following table:

Year

Total

January to December 2011

€753,965

January to December 2012

€705,400

January to December 2013

€804,775

January to December 2014

€753,536

January to December 2015

€903,587

January to August 2016

€454,794

Travel expenses are only incurred by staff in my Department in the performance of their official duties.

Data Protection

Questions (107)

Frank O'Rourke

Question:

107. Deputy Frank O'Rourke asked the Tánaiste and Minister for Justice and Equality if her Department has a specific data protection officer in place; if that position is exclusive or if the position holder has other duties; and if she will make a statement on the matter. [26881/16]

View answer

Written answers

I can confirm that my Department has a qualified Data Protection Officer in place who also works on Freedom of Information matters.

Garda Expenditure

Questions (108)

Kevin O'Keeffe

Question:

108. Deputy Kevin O'Keeffe asked the Tánaiste and Minister for Justice and Equality if she will allocate additional financial resources to the Garda Síochána to address the serious delay in having Garda vetting applications finalised, given that many of the applicants need Garda vetting to take up a position of employment. [26921/16]

View answer

Written answers

The Deputy will be pleased to note that there is no serious or undue delay in the Garda employment vetting process which hampers employment in the sectors in respect of which vetting is provided.

I am informed by the Garda Authorities that at present 80 percent of vetting applications are processed by the Garda Central Vetting Bureau in under five days. I do not consider that this is an unreasonable timeframe. This represents a dramatic improvement in turnaround times for the processing of vetting applications in recent years, falling from an average of 14 weeks in mid-2013. This improvement has come about as a result of an unprecedented investment by the Government and the Garda Authorities in this area of Garda activity, including an increase of over 80 per cent in staffing levels and the roll out earlier this year of the e-Vetting system.

An Garda Síochána launched an e-Vetting system in tandem with the commencement by me of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016 in April this year. E-Vetting facilitates the processing of applications in an on-line format and this has significantly streamlined the vetting process and contributed to a sustained reduction in processing times for vetting applications. I am informed that, currently, 85 per cent of organisations registered for vetting are operating the e-Vetting system and the Garda Authorities are working to encourage all other organisations to do so. For those vetting applications that continue to be submitted in paper format, the average turnaround time is in the order of four weeks.

One very important feature of the e-Vetting system is that the individual applicant can track the progress of their own vetting application online and can, therefore, see when their application has been processed and returned to the relevant registered organisation.

In some individual cases processing times for applications can be longer when, for example, additional enquiries may be necessary, which may involve seeking information from abroad, or where errors have been made in the application. Delays can also occur in other aspects of the application process which are outside of the control of the Garda Authorities, for example, in the submission or return of applications by the registered organisations.

The primary purpose of the Garda employment vetting service is to seek to ensure the safety of children and vulnerable adults. Accordingly, the vetting process demands rigorous procedures to safeguard its integrity and to maintain the highest level of confidence by the public and organisations availing of the service. Any vetting process will take a certain minimum amount of time to complete and, taking into account the importance of protecting children and vulnerable adults while providing an effective and efficient service, the current processing period is not unreasonable.

Asylum Applications

Questions (109)

Thomas P. Broughan

Question:

109. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if she will report on the delay in the processing of an application (details supplied); if this application can now be expedited in view of the already lengthy wait; and if she will make a statement on the matter. [26932/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that if the person whose details were supplied 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 makes provision for the protection of the identity of protection applicants.

Irish Prison Service

Questions (110, 111, 112)

Clare Daly

Question:

110. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 77 of 16 September 2016, if, in the last round of recruitment for chief officer 2 - work and training in the Irish Prison Service, every person awarded a mark of at least five out of ten for each competency following assessment of their application forms by the interview board was automatically offered an interview. [26952/16]

View answer

Clare Daly

Question:

111. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 77 of 16 September 2016, if some individuals who scored a mark of at least five out of ten for each competency following assessment of their application forms by the interview board in the last round of recruitment for chief officer 2 - work and training in the Irish Prison Service, were offered an interview for the role only after email correspondence with the Irish Prison Service in which those individuals pointed out that they had not been offered interviews despite having the necessary scores. [26953/16]

View answer

Clare Daly

Question:

112. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 77 of 16 September 2016, if written records are kept of the scores awarded at interview for the chief officer 2 - work and training in the Irish Prison Service, including evidence of the way in which cumulative scores for each competency are arrived at. [26954/16]

View answer

Written answers

I propose to take Questions Nos. 110 to 112, inclusive, together.

I am advised by the Irish Prison Service that its recent competition for Chief Officer 2 (Work and Training) involved a short-listing stage under which, in order for candidates to progress to the next stage, a minimum mark of 5 had to be achieved under each of the 5 competencies and that failure to meet the minimum mark in any particular competency would result in the candidate's application not progressing to the next stage.

I am advised by the Irish Prison Service that following the short-listing stage, a number of candidates who had received at least 5 out of 10 for each competency were not initially among those short-listed for interview by the board, which was highlighted to the Irish Prison Service by a number of these candidates. As this was found not to be in accordance with the terms of the competition circular, the Irish Prison Service immediately took corrective action and invited all candidates who received at least 5 out of 10 for each competency for interview to ensure full compliance with the terms of the competition circular.

Finally, I am advised by the Irish Prison Service that at interview stage, the board marked each candidate out of 100 for each of the five competencies, with an overall mark awarded out of 500, and that written records have been kept by it of the scores awarded by the board.

Visa Applications

Questions (113)

John Brassil

Question:

113. Deputy John Brassil asked the Tánaiste and Minister for Justice and Equality if she will request the Garda National Immigration Bureau to provide an extension to the stamp 2 visa for a person (details supplied); and if she will make a statement on the matter. [26986/16]

View answer

Written answers

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person first registered as a student in this State on 28 October 2005 and has been here as a student ever since. This person is currently on the Graduate Scheme and this permission will expire on 13 October 2016.

It is noted that no application for further permission to remain has been received by my Department.

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.

Asylum Support Services

Questions (114)

Gerry Adams

Question:

114. Deputy Gerry Adams asked the Tánaiste and Minister for Justice and Equality the progress of the implementation of the recommendations of the working group on improvements to the protection process, including direct provision and supports to asylum seekers, June 2015. [26998/16]

View answer

Written answers

Since its publication in June, 2015 the Report of the Working Group on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers, has been under proactive consideration; in the first instance by the Cabinet Committee on Social Policy and Public Service Reform and thereafter on an ongoing basis in my Department and other relevant Government Departments and Agencies. The Report contains a total of 173 recommendations, many of which have implications for a number of Government Departments and services. In the most recent review of progress in June, 91 recommendations were found to have been implemented; a further 49 recommendations were found to have been partially implemented or were in progress; and the balance remained under consideration. This represents significant progress in taking forward the Working Group recommendations, with 80% now implemented, partially implemented or in progress. I have committed to advancing the remaining 20%, taking into account the necessary resources that some of these will require. It should also be noted that a small number of the recommendations have been superseded by Government initiatives in the interim since the publication of the Report.

A key recommendation of the Working Group was the introduction of a single application procedure in the protection process. The International Protection Act 2015 provides for such a procedure. My Department is currently preparing all of the necessary steps to commence the Act by the end of 2016. The Act responds to some 26 of the Working Group’s recommendations and can be expected to positively address the crucial issue of the length of time that applicants spend in the protection process and in the Direct Provision system; another key concern of the Working Group. The successful implementation of the International Protection Act aims that first instance decisions will issue within a 9 months timeframe and therefore the matter of right to work should no longer arise.

In addition, significant efforts have been placed on dealing with those who are longest in the system and at this stage the vast majority of those who are over 5 years in the system and who don’t have any impediments to progress, such as pending judicial challenges, have now had their cases processed to completion. This has been a key achievement that has had a real impact on many people and families in the protection process.

A transition Task Force was also established last year which put in place important supports to facilitate people with status to integrate into the community. The Task Force reported that 87% of people granted status had moved into the wider community within six months.

Tangible progress in improving the daily lives of asylum seekers living in Ireland while their application is being processed is also being made. In January last, the former Tánaiste and I announced an increase to the Direct Provision Allowance for children, the first such increase since the introduction of the payment some sixteen years ago. Prescription fees for Direct Provision residents, including children, have also been waived. I have also committed to extending the remit of the Offices of the Ombudsman and the Ombudsman for Children to include access for residents in Direct Provision centres. This requires amending legislation which will be processed as soon as possible. The Minister for Education and Skills has also announced a second year of their pilot support scheme for students in the protection system for the academic year 2016/2017.

My Department is currently engaged in a further consultation exercise with the Government Departments and Agencies responsible for the implementation of the Report's recommendations with a view to updating the position published in June.

Asylum Support Services

Questions (115)

Gerry Adams

Question:

115. Deputy Gerry Adams asked the Tánaiste and Minister for Justice and Equality the funding spend in each year for the past five years in respect of supporting asylum seekers. [26999/16]

View answer

Written answers

The Irish Naturalisation and Immigration Service (INIS) of my Department estimates that the overall costs for provision of services to protection applicants for the years 2010 to 2014 were as follows: €174m, €153m, €129m, €91m and €91m respectively. Precise figures in relation to 2015 have not yet been finalised although it is estimated that the cost will see an increase on the previous year for the first time in recent times. The fluctuation in costs is mainly related to the numbers of persons in the system at any given time, particularly in relation to the numbers in the direct provision system. In that regard, there was a 126% increase in asylum applications in 2015 compared with 2014.

Departmental Bodies

Questions (116)

Clare Daly

Question:

116. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the basis upon which, on whose authority and the process by which a person (details supplied) was assigned to work full time for the newly established Adoption Board in 1953; and if she will make a statement on the matter. [27005/16]

View answer

Written answers

The information requested by the Deputy in relation to the named individual is not readily available. Nonetheless, my officials will seek to retrieve this information and to provide it to you in due course. I can confirm that she was appointed as a female Probation Officer in the Dublin Metropolitan Area following one of the first Civil Service Commission competitions for the appointment of Probation Officers.

The following deferred reply was received under Standing Order 42A

I refer to Parliamentary Question No. 116 for answer on 27th September 2016, in which you requested information on the temporary assignment of a named person to the Adoption Board in 1953.

As you will recall, the information you requested could not be obtained in the time available, and I undertook to contact you again.

Unfortunately, my officials have not yet been able to retrieve the records relating to the named person. However, they will continue to seek these records and I will contact you again in relation to assignment process to the Adoption Board in this case as soon as possible.

An article which appeared in the Irish Probation Journal, Volume 11, issued in October 2014 that relates to the named person may be of interest to you.

I hope this information is of assistance.

Deportation Orders

Questions (117)

Mattie McGrath

Question:

117. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality the number of instances in which section 78 of the International Protection Act that gives additional powers to the Garda Síochána to enforce deportation orders where persons subject to deportation orders have failed to comply with their legal obligation to remove themselves from the State has been enforced; and if she will make a statement on the matter. [27106/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a deportation order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to deportation orders.

In determining whether to make a deportation order, in addition to the factors set out in Section 3 (6) of the Immigration Act 1999, as amended, I must also consider Section 5 (Prohibition of Refoulement) of the Refugee Act 1996, as amended, as well as any other relevant statutory provisions, Constitutional or international human rights arising. This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a deportation order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.

It should be noted that the overwhelming majority of persons who arrive at the frontiers of the State without permission to enter or reside here are refused leave to land, without ever reaching the stage where they would be considered under the deportation process. Indeed, this figure has risen substantially to almost 3,500 last year and is expected to exceed 4,000 this year. Others voluntarily remove themselves before a deportation order is made.

The legislation in this area was recently amended by way of section 78 of the International Protection Act, commenced on 10 March this year. These amendments have inserted a new section 5 into the Immigration Act 1999 which deals with effecting deportation orders for persons illegally present in the State. Since the legislation was amended, 33 persons have been forcibly removed from the State by An Garda Síochána out of a total of 193 deportation orders effected since 10 March 2016. The increasing number of deportation orders effected since the legislative changes were introduced demonstrates the knock-on effect of the new legislation, as the number of people complying with their deportation orders, without requiring forcible removal by An Garda Síochána, continues to increase.

Immigration Controls

Questions (118)

Thomas Pringle

Question:

118. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality the number of persons refused leave to land or permission to enter here at the Border with Northern Ireland; the nationalities of each between May 2014 and May 2015, and from May 2015 and May 2016; the reason the data were not provided as indicated in the reply to Parliamentary Question No. 188 of 31 May 2016; and if she will make a statement on the matter. [27146/16]

View answer

Written answers

I would advise the Deputy that a further written response in relation to his question of 31 May 2016 issued to him on 24 August 2016.

As outlined in that reply, there are no systematic immigration checks undertaken at the border with Northern Ireland. In general, a person may be refused permission to enter the State on one or more of the eleven grounds set out in Section 4(3) of the Immigration Act 2004. Every person refused leave to land in the State is served with a notice in which the reason, or reasons, for refusing an application to enter the State is set out. Persons refused leave to land and who are subsequently removed from the State are returned to their point of embarkation, which in most cases is within the EU.

In the period May 2014 to May 2015 a total of 167 persons are recorded as being refused permission to enter the State at the land border. The main nationalities concerned were China, Nigeria, Pakistan, India and Somalia.

In the period May 2015 to May 2016, 300 persons were refused permission to enter the State at the land border. The main nationalities concerned were China, Pakistan, Nigeria, India and the Philippines.

It should be noted that information on numbers refused permission to enter the State may be subject to revision over time where individual cases are examined further and the status of some cases may change.

Garda Strength

Questions (119)

Bernard Durkan

Question:

119. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the total strength of the Garda Síochána in County Kildare as of 31 December in each year from 2005 to 2015 and to date in 2016; and if she will make a statement on the matter. [27177/16]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources among the various Garda Divisions and Districts and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.

The detailed information requested on the strength of An Garda Síochána in the Kildare Garda Division from 31 December 2005 - 2015 and on the 31 August 2016, the latest date for which figures are readily available, is set out in the table.

This 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. Key to achieving this goal is the commitment in the "Programme for a Partnership Government" to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000. Taking account of projected retirements, reaching a strength of 15,000 will require some 3,200 new Garda members to be recruited on a phased basis over the next four years in addition to the 1,200 that will have been recruited by the end of this year since the reopening of the Garda College in September 2014. So far 534 recruits have attested as members of An Garda Síochána of whom 25 have been assigned to Kildare. Another 150 will attest later this year and will be assigned to mainstream uniform duties nationwide.

In order to continue to ensure seamless ongoing recruitment I was very pleased to announce the commencement of a new recruitment campaign on 8 September. The campaign is being organised by the Public Appointments Service on behalf of the Garda Commissioner. Applications must be made through www.publicjobs.ie before the closing date for applications on 29 September 2016. The existing recruitment campaign (launched last November) is ongoing and successful candidates will continue to be called from that campaign this year and into next year. It is expected that successful candidates from the new campaign will enter the Garda College from mid-2017. Kildare Garda Division, and all other Garda Division, will undoubtedly benefit from these resources now coming on stream.

Kildare Garda Division

Date

Numbers

*31/12/2005

224

*31/12/2006

244

*31/12/2007

259

*31/12/2008

263

31/12/2009

321

31/12/2010

323

31/12/2011

318

31/12/2012

318

31/12/2013

315

31/12/2014

301

31/12/2015

312

31/08/2016

314

*In 2009 the Carlow/Kildare Division was split to form the Kildare Division and the Carlow/Kilkenny Division. These figures include Garda Members assigned to Garda Stations in Kildare only.

Residency Permits

Questions (120)

Bernard Durkan

Question:

120. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [27190/16]

View answer

Written answers

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that no record of this person has been found in my Department and that the individual concerned should report to their local Immigration Office.

Please be informed that it is illegal under the Immigration Act 2004 to reside in the State without permission from the Minister for Justice and Equality. 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. As this person does not have current immigration permission they are not entitled to work.

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.

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