Peter Burke
Question:91. Deputy Peter Burke asked the Tánaiste and Minister for Justice and Equality if she will expedite a visa application for a person (details supplied); and if she will make a statement on the matter. [28148/16]
View answerVisa Applications
Questions (91)
Written answers
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State, on a stamp 4 basis, on 11 October, 2011. This permission was subsequently renewed, with the latest permission granted up to 12 August 2016. An application for a renewal of permission to remain was received in the INIS on 18 July, 2016. The application is currently under consideration and the INIS will be in contact with the person concerned when a decision is reached on 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.
Visa Applications
Questions (92)
Peter Burke
Question:92. Deputy Peter Burke asked the Tánaiste and Minister for Justice and Equality if she will expedite a visa application for a person (details supplied); and if she will make a statement on the matter. [28149/16]
View answerWritten answers
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application referred to by the Deputy was received by the Visa Office on 26 January 2016 and is currently under consideration. The sponsor has been contacted twice via email in relation to the provision of supporting documentation, and a response is awaited.
I am further advised by INIS that, while a business target of 6 months is advertised for long term 'join family' applications where the spouse is an Irish national, this time-frame is subject to the receipt of all required documentation as set out in the Family Reunification Policy Document published on 1 January, 2014. The Visa Office endeavours to have applications of this nature processed earlier than this target but this is not always possible. As you will appreciate, in order to be fair to all applicants, applications are processed in order by date received. Both the applicant and the sponsor will be informed as soon as a decision is made.
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 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.
In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).
Immigration Status
Questions (93)
Bernard Durkan
Question:93. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which an application for residency status and naturalisation has been processed in the case of a person (details supplied); and if she will make a statement on the matter. [28150/16]
View answerWritten answers
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned has not submitted written representations.
The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. If any representations are submitted before a final decision is made, they will be fully considered.
The Deputy should note that as the person concerned has no current right of residency in the State, they therefore would not be in a position to meet the lawful residency criteria applicable to persons applying to my Department for a Certificate of Naturalisation.
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.
Residency Permits
Questions (94)
Bernard Durkan
Question:94. 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); if current status can be extended; and if she will make a statement on the matter. [28167/16]
View answerWritten answers
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned currently has permission to remain in the State until 20th February, 2017. It will be open to the person concerned to apply for the renewal of that permission in advance of its expiry date.
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 (95)
Bernard Durkan
Question:95. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality when naturalisation in the case of the children of a person (details supplied) will be finalised; and if she will make a statement on the matter. [28172/16]
View answerWritten answers
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of a current application for a certificate of naturalisation from the persons referred to by the Deputy.
Section 15 of the Act provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must:
- be of full age
- be of good character
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a further total residence in the State amounting to four years
- intend in good faith to continue to reside in the State after naturalisation
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows:
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the all the statutory requirements. An on-line residency calculator is available on the website www.inis.gov.ie, which may be 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.
Immigration Status
Questions (96)
Bernard Durkan
Question:96. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will clarify the residency status of a person (details supplied); and if she will make a statement on the matter. [28173/16]
View answerWritten answers
I refer the Deputy to the Reply given to his recent Parliamentary Question No. 70 of Friday 16th September 2016. The status of the person concerned is as set out in that reply.
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.
Question No. 97 answered with Question No. 84.
Human Trafficking
Questions (98)
Charlie McConalogue
Question:98. Deputy Charlie McConalogue asked the Tánaiste and Minister for Justice and Equality when legislation to tackle sex trafficking will be enacted; and if she will make a statement on the matter. [28194/16]
View answerWritten answers
There are already a number of offences under Irish law which address the trafficking of persons for the purpose of exploitation (including sexual exploitation) and which can attract significant penalties. Under the Criminal Law (Human Trafficking) Act 2008, any person found guilty of trafficking for the purposes of sexual exploitation shall be liable to imprisonment for a period up to life. It is also an offence for a person to solicit or importune a trafficked person for the purposes of prostitution with a potential penalty of imprisonment for up to 5 years.
In September 2015, I published the Criminal Law (Sexual Offences) Bill 2015, as approved by Government. The Bill provides for two new offences of purchasing sexual services, in the context of prostitution. The purpose of these offences is to target the demand for prostitution. The first is a general offence of paying to engage in sexual activity with a prostitute which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the more serious offence of paying for sexual activity with a trafficked person, in the context of prostitution, and carries a potential penalty of up to 5 years imprisonment and/or a fine. In both cases, the person selling the sexual service will not commit an offence.
These proposals have been developed following extensive consultation, initiated by my Department, dating back to 2012. The new offences also implement the recommendation of the Joint Oireachtas Committee on Justice, Equality and Defence which called for the introduction of an offence criminalising the purchase of sexual services. Both the Council of Europe and the European Parliament have recognised the effectiveness of the criminalisation of the purchase of sexual services as a tool in the fight against human trafficking.
The Bill has completed all stages in Seanad Éireann and is scheduled for consideration at Second Stage before Dáil Éireann on 5 October 2016.
Residency Permits
Questions (99)
Bernard Durkan
Question:99. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if stamp 4 will be facilitated in the case of a person (details supplied); the correct procedure to be followed in this instance; and if she will make a statement on the matter. [28196/16]
View answerWritten answers
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question entered the State in 2013 and was registered as a student to 01 October 2016. I wish to draw the Deputy's attention to the document 'Guidelines for non EEA national students registered in Ireland before 1 January, 2011' which is available on the INIS website at www.inis.gov.ie. This notice clarifies the position in relation to a non-EEA student registered in Ireland. As well as the above document, a series of guideline notes, outlining how the new immigration regime operates, are also available on the INIS website, including information on maximum time limits for students who wish to study at Language Non Degree Level and Degree Level. The overall 7 year period offered to students gives ample opportunity to achieve the sort of qualifications they need to qualify them for an employment permit, if they wish to remain on in Ireland afterwards. Any request for further permission can only be granted within the terms of the Student guidelines. If this person wishes to take up employment in the State they must be in possession of a Work Permit to do so. They do not hold any entitlement to a Stamp 4 permission.
A letter to this effect will issued to this person in the coming days in response to an application received on 30 September 2016.
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.
Citizenship Applications
Questions (100)
Jack Chambers
Question:100. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality the status of an application for Irish citizenship by a person (details supplied); and if she will make a statement on the matter. [28201/16]
View answerWritten 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.
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.
Asylum Applications
Questions (101)
Thomas Pringle
Question:101. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality if a company (details supplied) is used, or has been used in the past, by State agencies involved in the assessment of asylum claims here; and if she will make a statement on the matter. [28218/16]
View answerWritten answers
As the Deputy may be aware the processing of asylum applications is carried out within the framework of the Refugee Act 1996 under which every asylum applicant is guaranteed an investigation and determination of his or her claim at first instance by the Office of the Refugee Applications Commissioner (ORAC).
In endeavouring to establish the veracity of applications, ORAC has availed of language analysis testing in some asylum cases. This involves the use of international experts to examine an applicant's speech in order to assess, as specifically as possible, whether an applicant could be placed in the geographical area or speech community from which they claimed to come.
Following competitive tender processes, the company referred to by the Deputy, was previously successful and was awarded contracts by my Department.
The Deputy may wish to note that a language analysis report assists ORAC as part of a broader analysis of a person's application for refugee status and is considered in conjunction with all other elements of a claim. Accordingly, every applicant for asylum is given a full opportunity of presenting his/her case at a substantive interview in accordance with the provisions of the Refugee Act 1996. These interviews are conducted by trained persons authorised by the Refugee Applications Commissioner for that purpose.
The use of language analysis is not unique to this State and also used in other EU Member States.
Immigration Status
Questions (102)
Bernard Durkan
Question:102. 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. [28227/16]
View answerWritten answers
I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person arrived in the State on 18 March 2009 and has remained in the State ever since, without the permission of the Minister. This person wrote to the Minister on 29 September 2015 outlining their circumstances.
If this person leaves the State voluntarily, then it would be open to them to apply for a D reside visa from outside the State. At that point, any family circumstances would be taken into account along with any other reasons why this person believes they should be granted permission to reside in Ireland. If this person is unsuccessful in the application for a D reside visa, it would not affect their entitlement to apply for a visa in the future to re-enter this State, or, to enter any other State.
If there are any relevant exceptional circumstances which would justify granting this person permission to remain in the State, this will be taken into account if the Minister issues them with an intention to deport letter under Section 3 of the Immigration Act 1999 (as amended). If the Minister issues such a letter to this person, and if she decides to make a deportation order against them, please note that an Irish deportation order would have the effect of barring them from entry onto the State unless the order is subsequently revoked by the Minister. Such an order may also prevent them from applying to reside in any of the other European Union Member States.
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.
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.
Departmental Strategy Statements
Questions (103)
Clare Daly
Question:103. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her plans to reflect and deliver on a public duty (details supplied) in the statement of strategy due to be published in October 2016; the way her Department is engaging with the programme for a partnership government commitment to equality and gender proofing in the departmental and budgetary process; and if she will make a statement on the matter. [28230/16]
View answerWritten answers
The Department has consulted widely with staff and stakeholders in the ongoing process of drafting its Strategy Statement reflecting the open, collaborative approach specified in the Programme for a Partnership Government. The Statement will reflect the duty which section 42 of the Irish Human Rights and Equality Act 2014 places on public bodies to have regard to the need to eliminate discrimination, promote equality and protect the human rights of staff and the persons to whom services are provided. This duty is consistent with the values and core functions of my Department. I understand that the Irish Human Rights and Equality Commission will be assisting public bodies to comply with the positive duty, including by producing guidelines and codes of practice.
The development of the Programme commitment to equality and gender proofing in the budgetary process is an ongoing process to drive compliance and quality and the Department of Public Expenditure and Reform, with assistance from my Department, is currently considering the best way forward to develop these skills across the civil service.
Immigration Status
Questions (104)
Bernard Durkan
Question:104. 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); the progress to date in determination of an application for naturalisation; and if she will make a statement on the matter. [28233/16]
View answerWritten answers
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned currently has permission to reside in the State until 2 March 2018. The processing of an application for naturalisation from the person concerned is ongoing, and the case 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 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.
Immigration Status
Questions (105)
Bernard Durkan
Question:105. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current or expected residency status and potential eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [28267/16]
View answerWritten 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 13 November 2008 and therefore has no entitlement to residency in the State. Therefore, as things stand at present, the issue of Naturalisation does not arise in the context of the person concerned.
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 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.
Residency Permits
Questions (106)
Bernard Durkan
Question:106. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to obtain stamp 4 in the case of a person (details supplied); and if she will make a statement on the matter. [28305/16]
View answerWritten answers
I understand that contact has been made with the Deputy by officials from my Private Office. A more detailed response will issue to the Deputy once further information has been supplied in relation to the applicant in question.
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 this 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.
Visa Applications
Questions (107)
Jack Chambers
Question:107. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality the status of an application for long stay (join spouse) visa submitted by a person (details supplied) more than a year ago; the reason for the delay in this case; the reason the person has not received any information relating to their case; and if she will make a statement on the matter. [28319/16]
View answerWritten answers
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application referred to by the Deputy was received by the Visa Office on 19 November, 2015 and is currently under consideration. The Irish based sponsor was contacted recently by INIS in relation to the provision of supporting documentation, a response to which is awaited.
I am further advised by INIS that while a business target of 6 months is advertised for long term 'join family' applications where the spouse is an Irish national, this time-frame is subject to the receipt of all required documentation as set out in the Family Reunification Policy Document, published on 1 January, 2014. The Visa Office endeavours to have applications of this nature processed earlier than this target but this is not always possible. As you will appreciate, in order to be fair to all applicants, applications are processed in order by date received. Both the applicant and the sponsor will be informed as soon as a decision is made.
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 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.
In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).
Garda Misconduct Allegations
Questions (108)
Niall Collins
Question:108. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality if she will arrange to return documentation as requested in June 2016 (details supplied). [28323/16]
View answerWritten answers
The Deputy is referring to documentation which was sent to my Department in relation to a case that was considered under the Independent Review Mechanism (IRM). That documentation was, in turn, forwarded to the IRM panel. I know that the Deputy wrote to me earlier in the summer asking for the return of the documentation. I hope that the Deputy will appreciate that the amount of work involved in completing the IRM process has been, and continues to be, quite extensive. However, I am pleased to inform him that my Department is arranging for the return of the documents to the Deputy as requested.
Prison Education Service
Questions (109)
Clare Daly
Question:109. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of prisoners actively following a course with the Open University at present, in each institution; and if she will make a statement on the matter. [28401/16]
View answerWritten answers
The Education Centre in each of the prisons offers a broad and flexible programme of education to prisoners, ranging from basic literacy classes to Open University courses.
Education Centres in prisons are involved in the development and implementation of a wide variety of courses catering for the needs and interests of prisoners. While Open University courses represent the higher end of academic achievement in prisons, the majority of courses on offer lead to certification, mainly State examinations or QQI (formerly FETAC) accreditation.
With regard to Open University, there is a uniform application procedure with associated guidelines and prisoners must demonstrate the proven academic ability required to complete a third level course of study, prior to funding being approved.
The number of prisoners actively following a course with the Open University at the present time, in total and in each institution is set out in the table.
|
Open University |
2016 |
|
Arbour Hill |
9 |
|
Castlerea |
1 |
|
Cloverhill |
- |
|
Cork |
2 |
|
Dóchas |
2 |
|
Limerick |
2 |
|
Loughan Hse |
4 |
|
Midlands |
2 |
|
Mountjoy |
6 |
|
Portlaoise |
8 |
|
Shelton Abbey |
2 |
|
St.Patrick's |
3 |
|
Training Unit |
2 |
|
Wheatfield |
7 |
|
TOTAL |
50 |
Legal Services Regulation
Questions (110)
Clare Daly
Question:110. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the powers she has under the legislation to take action in instances where there are allegations that proper procedures have not been followed by any organisation or body in nominating individuals to the Legal Services Regulatory Authority. [28411/16]
View answerWritten answers
The processes for the nomination, approval and appointment of members of the new Legal Services Regulatory Authority are laid out in Part 2 of the Legal Services Regulation Act 2015. This Part, comprising sections 7 to 36, deals with the establishment of the new Legal Services Regulatory Authority, its membership, appointment, functions, staffing and other matters including disqualification or removal from membership. The Authority comprises eleven members of whom a majority, including the Chairperson, are to be lay persons. While members of the new Regulatory Authority are duly appointed by the Government under these procedures, under section 9 (2)(a) of the 2015 Act, a resolution approving such appointment has first to be passed by both Houses of the Oireachtas. The relevant procedures set out in Part 2 of the Legal Services Regulation Act 2015 are being adhered to as regards the nomination by the nominating bodies designated in the Act and the approval and appointment of members of the new Regulatory Authority. For example, resolutions of both Houses approving members of the Authority were passed in July with resolutions concerning one remaining nominee being considered for approval by the Houses this week.
By way of ensuring the new Authority’s independence of appointment and the desired balance in its representation of the interests of lawyers and those of consumers of legal services, all of the potential members of the new Authority are put forward, subject to stated criteria, by those prescribed nominating bodies set out in section 9 of the 2015 Act. Each of these bodies puts forward their nominees as identified by them under their own selection procedures. They do this as appropriate to their functions and objectives as may be set out, in each case, under legislation or under common law. It will, therefore, be for those bodies, in the first instance, to resolve any alleged breach of process that may arise under their applicable internal governance procedures.
Section 12 of the Legal Services Act 2015 sets out a number of circumstances in which the Government may remove a member of the Legal Services Regulatory Authority from office by reference to ill health, stated misbehaviour, conflict of interest or being otherwise unfit to hold the office or unable to discharge its functions. This section also sets out the procedures for such a removal including notification of the member and of the nominating body concerned and the provision of a statement of the reasons for the proposal to remove the member. It also allows the member or nominating body concerned a period to make representations as to why the member should not be removed from office. When, having taken account of these matters, the Government decide to remove a member, they shall notify the member and the nominating body concerned subject to possible appeal to the High Court which may, as it thinks proper, either affirm or overturn the decision concerned.
Crime Data
Questions (111)
Noel Grealish
Question:111. Deputy Noel Grealish asked the Tánaiste and Minister for Justice and Equality the total number, broken down by type, of crimes reported in each of the electoral area wards in Galway city for 2014, 2015 and to date in 2016; and if she will make a statement on the matter. [28439/16]
View answerWritten answers
The Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of the official recorded crime statistics, and the CSO has established a dedicated unit for this purpose. I have asked the CSO to forward the available statistics in relation to the information requested directly to the Deputy.
The referred reply under Standing Order 42A was forwarded to the Deputy.
Criminal Assets Bureau
Questions (112, 113)
Pearse Doherty
Question:112. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Questions Nos. 84 and 85 of 16 September 2016, the date on which each of the two vacancies for forensic accountants has existed at CAB; and if she will make a statement on the matter. [28481/16]
View answerPearse Doherty
Question:113. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the number of forensic accountants at work at any one time in the CAB in each of the past ten years; and if she will make a statement on the matter. [28482/16]
View answerWritten answers
I propose to take Questions Nos. 112 and 113 together.
I can assure the Deputy that the resources of the Bureau are, and will continue to be, kept under ongoing review by both the Criminal Assets Bureau and my Department.
With regard to staffing in the Bureau Analysis Unit of the Criminal Assets Bureau, I can inform the Deputy that at the end of 2006, there were three technical staff employed in the Bureau Analysis Unit.
A further two financial crime analysts were recruited to the Bureau in 2008.
At the end of May this year, the number of staff assigned to the Bureau Analysis Unit was reduced to three following the departure of one forensic accountant and one financial crime analyst.
My Department has been in consultation with the Chief Bureau Officer to agree the proposed recruitment process for the filling of these two vacancies. In this regard, arrangements are being made to proceed with the recruitment of two forensic accountants through the Public Appointments Service. My Department is working closely with the Criminal Assets Bureau to ensure the most appropriate recruitment in the shortest time possible.
Garda Reserve
Questions (114)
Billy Kelleher
Question:114. Deputy Billy Kelleher asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 129 of 27 September 2016, the number of serving Garda Reservists that have unsuccessfully applied to become members of An Garda Síochána for each year since Garda recruitment resumed, in tabular form. [28484/16]
View answerWritten answers
I have requested the information on the number of serving Garda Reserves who have unsuccessfully applied to become full members of An Garda Síochána for each year since recruitment of trainee Gardaí resumed from the Garda Commissioner and I will inform the Deputy when it is to hand.