Dara Calleary
Question:57. Deputy Dara Calleary asked the Tánaiste and Minister for Justice and Equality the timescale for retention of spent conviction records (details supplied). [29042/16]
View answerSpent Convictions Legislation
Questions (57)
Written answers
The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 was commenced in full on 29th April 2016.
The effect of the Act is that a person is not obliged to disclose certain convictions which are over 7 years old, subject to specified limitations. A person will not be penalised in law or incur any liability for failing to disclose a spent conviction.
In accordance with the provisions of the Act the following convictions are now spent:
1) All convictions in the District Court for Motoring offences which are more than 7 years old subject to the proviso that spent convictions for dangerous driving are limited to a single conviction.
2) All convictions in the District Court for minor public order offences which are more than 7 years old.
3) In addition, where a person has one, and only one, conviction (other than a motoring or public order offence) which resulted in a term of imprisonment of less than 12 months (or a fine) that conviction is spent after 7 years. This provision applies to either a District Court or Circuit Court conviction.
Where a person appears before a court and is convicted of 2 or more offences which were committed at the same time or relate to the same event and more than one sentence is imposed by that court at that time, these are regarded as a single conviction for the purposes of the Act.
Sexual offences or convictions in the Central Criminal Court are not eligible to become spent convictions.
Naturalisation Applications
Questions (58)
Thomas Pringle
Question:58. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality when a person (details supplied) may expect to have an application for naturalisation processed; and if she will make a statement on the matter. [29065/16]
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. I understand the person recently renewed his permission to reside in the State, which is now extended to 19 September 2017.
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.
Courts Staff Recruitment
Questions (59)
Peter Burke
Question:59. Deputy Peter Burke asked the Tánaiste and Minister for Justice and Equality when a county registrar will be appointed in County Westmeath, considering the huge delays and backlog associated with the vacant position; and if she will make a statement on the matter. [29076/16]
View answerWritten answers
As the Deputy will be aware, I approved a proposal to fill the County Registrar vacancy in County Westmeath. Sanction to proceed with this appointment has recently been received from the Department of Public Expenditure and Reform and the necessary preparations are being made in regard to the recruitment process which will be conducted by the Public Appointments Service in the near future.
The Courts Service has informed me that, since the retirement of the County Registrar for Westmeath in April 2016, the duties have been exercised by the County Registrar for Cavan with assistance from other County Registrars. I have been advised that, where arrears exist in relation to the duties of the County Registrar in County Westmeath, special sittings of the County Registrar's court will be arranged to deal with any such arrears.
Irish Prison Service
Questions (60)
Clare Daly
Question:60. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Questions Nos. 110 to 112, inclusive, of 27 September 2016, if a circular or guidance document exists regarding the way in which scores should be accumulated at interview; if written evidence is kept as to the way in which a particular score out of 100 is arrived at during the interview process; and, if so, if a person (details supplied) will be supplied with such written evidence. [29081/16]
View answerWritten answers
I can advise the Deputy the terms and conditions of the competition for Chief Officer II (Work and Training) were set out in the Circular which was published at the outset of the competition. The Interview board were briefed in advance of the interview stage and provided with the relevant scoring sheet. The awarding of marks in any interview process is a matter for the interview board conducting the interview, as was the case in this instance and it is necessary to afford the interview board discretion in its assessment and scoring of candidates. The Irish Prison Service has advised me that the individual concerned has already been issued with all appropriate information.
Garda Equipment
Questions (61)
Denise Mitchell
Question:61. Deputy Denise Mitchell asked the Tánaiste and Minister for Justice and Equality the current age of the boats available to the Garda water unit; and when she expects the boats to be replaced. [29102/16]
View answerWritten answers
As the Deputy will appreciate, the Garda Commissioner is primarily responsible for the provision of equipment for An Garda Síochána and I, as Minister, have no direct role in the matter.
I am informed by the Garda authorities that the Garda Water Unit currently has two patrol boats, four rigid inflatable boats and nine inflatable boats, as set out in the table.
|
Boats assigned to the Garda Water Unit |
||
|
Quantity |
Type |
Year |
|
1 |
Arvor 250 Inland Patrol Boat |
2007 |
|
1 |
Targa 31 Inland Patrol Boat |
1999 |
|
1 |
Osprey Rigid Inflatable Boat |
1996 |
|
3 |
3 x Delta Inflatable Boat |
2007 |
|
1 |
Zodiac Inflatable Boat |
1999 |
|
3 |
3 x Zodiac Inflatable Boat |
2013 |
|
5 |
Other Inflatable Boats |
2009 - 2011 |
I am advised that the vessels allocated and the equipment fitted on these boats meets the current requirements of the Garda Water Unit and I understand that a replacement programme for the rigid inflatable boats will commence next year.
Garda Transport Data
Questions (62)
Denise Mitchell
Question:62. Deputy Denise Mitchell asked the Tánaiste and Minister for Justice and Equality the number of new Garda traffic motorbikes that came into the fleet in the years 2014, 2015 and to date in 2016; and the number of motorbikes that were withdrawn from the fleet during this period. [29103/16]
View answerWritten answers
The Deputy will appreciate decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources and I, as Minister, have no direct role in the matter.
I am advised by the Garda authorities that the information requested by the Deputy is as set out in the table.
|
Allocation of Garda Motorcycles 2014 -2016 |
||
|
Allocated |
Withdrawn |
|
|
2014 |
20 |
25 |
|
2015 |
1 |
41 |
|
2016 (to date) |
60 |
8 |
The Deputy will be aware of the significant investment of some €46 million in the Garda Fleet under the Government's Capital Plan 2016 - 2021. This investment will continue to provide the Gardaí with additional high-powered vehicles, marked and unmarked patrol cars, and motorcycles to ensure that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.
Deportation Orders Re-examination
Questions (63)
Bernard Durkan
Question:63. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will revoke a deportation order in the case of a person (details supplied); and if she will make a statement on the matter. [29105/16]
View answerWritten answers
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to was deported to Brazil on 13 July 2016. The consequence of a Deportation Order is that the person concerned must leave and remain outside 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 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.
Naturalisation Eligibility
Questions (64)
Bernard Durkan
Question:64. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in respect of the determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [29142/16]
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 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 (65)
Bernard Durkan
Question:65. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the most appropriate procedure to be followed to regularise a naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [29143/16]
View answerWritten answers
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has been granted permission to remain in the State for the period to 14th December, 2016. The decision was conveyed in writing to the person concerned by letter dated 14th December, 2015. This permission was granted to enable the person concerned obtain a valid passport or alternatively submit evidence as to what effort they have made to secure a passport. To date no such correspondence has been received. The person concerned is required to apply in writing for the renewal of this permission in advance of its expiry date.
It will be open to the person concerned to apply to the Citizenship Section of my Department for a Certificate of Naturalisation when they are in a position to meet the lawful residency criteria applicable to the lodgement of such applications. Details on the criteria to be met by persons lodging such applications are available from my Department's Website www.justice.ie.
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.