Written Answers Nos. 66-76
66. 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. [29144/16]
View answerI 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.
67. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current position in regard to naturalisation stamp 4 in the case of a person (details supplied); and if she will make a statement on the matter. [29145/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy.
I am also informed that the person concerned applied for a right of residency, accompanied by a right to work, based on parentage of an Irish citizen child in December, 2015. Further information and clarification has been requested by correspondence issued from the INIS, on 23 September, 2016. A reply to that letter is awaited.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
68. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the ongoing position in regard to a residency leave to remain stamp 4 in the case of a person (details supplied); further to Parliamentary Question No. 76 of 7 July 2016, if it is likely a decision might be reached in the not too distant future; and if she will make a statement on the matter. [29146/16]
View answerI 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), written representations have been submitted on behalf of the persons concerned.
These representations, together with all other information and documentation on file, will be fully considered, under 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, in advance of a final decision being made.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
69. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to be followed to regularise residency and attain naturalisation in the case of persons (details supplied); and if she will make a statement on the matter. [29147/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons mentioned are in the State under student conditions (Stamp 2) which is not reckonable to attain citizenship in the State. Both of the persons mentioned were granted permission to remain in the State to facilitate them in applying for Work Permits. When they are the holders of Work Permits they can apply to change their immigration status to a Stamp 1.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
70. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [29149/16]
View answerI 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 parentage of an Irish citizen child. The applicant was granted permission for a period of one year on 26 August 2015, in order for the person concerned to obtain a national passport. The national passport of the applicant was subsequently received by INIS on 29 July 2016. I am advised that INIS will be in contact with the person again as soon as possible.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using 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.
71. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in application for change of status from stamps 1 and 3 to stamp 4 in the case of a person (details supplied). [29150/16]
View answerI refer the Deputy to his earlier Parliamentary Question No. 123 of Tuesday, 27th September, 2016 and the written reply to that Question. I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the position is unchanged since then.
"I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the first named person concerned was granted permission to remain on 'stamp 1' conditions for six months on the 11th August, 2016, in order to allow them to apply to obtain an employment permit from the Department of Jobs, Enterprise and Innovation. The person referred to should ensure that an application for an employment permit is made by them, or on their behalf, at the earliest possible opportunity within that six month period. Should they succeed in their employment permit application, they will be entitled to a longer period of permission to remain.
The second named person concerned has been granted permission to remain in the State, on 'stamp 3' conditions, for six months on the 11th August, 2016 as a dependant of the first named person.
The appropriate immigration stamps have been granted to the people referred to and no information has been put forward to justify the granting of residence permission on a 'stamp 4' basis.
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."
72. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the other procedure which might be available to facilitate an application to regularise residency status in the case of a person (details supplied); if they can obtain an extension to their visa or alternative; and if she will make a statement on the matter. [29152/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application having been received for an extension of permission in respect of the person mentioned by the Deputy. In the event that an application is made for an extension of permission to remain in the State, it will be considered in due course.
Details of how to make an application can be found on the INIS website "www.inis.gov.ie" at Extension of Visitors Permission in the State, however, if this option is not available then a written application should be made to Extension of Visitors Permission, P.O. Box 12695, Dublin 2. The following documentation should be included with the application:
1. A full copy of the persons current passport showing how they entered the State and the entry stamp
2. A detailed account of the reason for the request including documentary supporting evidence e.g. medical reports
3. How much extra time is required
4. Any family members resident in the State and their current circumstances ie. studying or working
5. Any other information you would consider important to your application
6. Evidence of private medical insurance (if request on medical grounds)
It is not the general policy of INIS to extend visitor permission in the State. This applies to both visa and non visa required nationals. It is only in cases where the person's circumstances have changed since the grant of the visa or entry to the State that an application for an extension of visitor's permission will be considered.
Queries in relation to the status of individual immigration cases may be made directly to INIS by email 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 Questions process. The Deputy should consider using the email service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
73. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current residency status in the case of a person (details supplied); and if she will make a statement on the matter. [29155/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for subsidiary protection made by the person concerned was formally refused by letter dated 5th October, 2016. This letter also advised the person concerned of the three options available to them as a result, as provided for under Section 3 of the Immigration Act 1999 (as amended). Upon receipt of that letter, the person concerned has a period of 15 working days within which to exercise one of the available options. Upon receipt of their response to the options outlined, the position in the State of the person concerned can be given further consideration.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by Email 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 to long awaited.
74. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current position in respect of residency and leave to remain in the case of a person (details supplied); and if she will make a statement on the matter. [29156/16]
View answerI 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 03 February 2010. 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.
75. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality if she will provide the correspondence or details of the interaction her Department has had with the Law Society of Ireland on the EU's concerns regarding the regulations regulating advertising within the legal sector; and if she will make a statement on the matter. [29163/16]
View answer76. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality if she will provide the correspondence or details of the interaction her Department has had with the Bar Council on the EU's concerns regarding the regulations regulating advertising within the legal sector; and if she will make a statement on the matter. [29164/16]
View answerI propose to take Questions Nos. 75 and 76 together.
Formal Notice was issued by the European Commission in November 2013 to the Minister for Justice and Equality, as Government notice party, drawing attention to "a potential breach of Article 24" of the Services Directive. This also sought the Government's observations including by reference to the ongoing development of the Legal Services Regulation Bill of 2011. The 2013 Notice of a potential breach is a public document and has, therefore, been a matter of public record. It should also be noted in this regard that a breach as notified has not yet been determined and it remains, therefore, a “potential breach”.
Early inquiries raised by the European Commission in 2012 were made by reference to section 123 of the 2011 Bill dealing with the advertising issue and its possible further refinement to ensure compliance with the Services Directive. From then on the matter was negotiated on the basis of the new provisions being developed by the Government under the Bill and with a view to providing the level of "certainty" of compliance desired by the Commission in the new legislation. This arose naturally from the fact that the Legal Services Regulation Bill of 2011, including its advertising reforms, came to attention as a specific deliverable under the EU/IMF/ECB Troika Programme of that time.
I am happy to say that the legislative solution, negotiated with the European Commission, is that now found under section 218 of the Legal Services Regulation Act 2015. Under this provision the new Legal Services Regulatory Authority will assume responsibility for the regulation of advertising by both solicitors and barristers - thereby replacing the professional bodies in that function which they had exercised historically. Hence, the potential infringement has been for resolution by negotiation, at the legislative level. This has been on the basis of there being a new and independent Legal Services Regulatory Authority that would regulate lawyers’ advertising instead of the legal professional bodies.
While the Notice of a potential infringement has not technically been lifted, it remains the intention of the Government to continue to address the Commission's concerns through the independent regulation of lawyers' advertising by the new Legal Services Regulatory Authority under section 218 of the 2015 Act which will soon be commenced. Exchanges and clarifications with the Commission are ongoing on that basis. The Deputy will also wish to note that section 218 also contains a consultation provision whereby the new Regulatory Authority will, before making new advertising regulations, consult with the professional bodies and with the other interested parties concerned.
As the Government is, and remains, the notice party to these ongoing infringement proceedings and the negotiated solution with the European Commission is being achieved under new legislation, there has been limited direct contact on the matter with the professional bodies. In the case of the Law Society this has been by way of obtaining clarifications on aspects of the application of their existing advertising regulations at the request of the Commission. In the case of the Bar Council my Department has consulted the relevant provisions of the Council's Code of Conduct and of its Advertising Guidelines for members.
I hope that the Deputy will find the information I have been able to provide in this instance, while also taking into account the fact that the relevant infringement proceedings to which the Government is party are ongoing, to be of assistance in clarifying the current situation.
