Written Answers No. 1 - 25
1. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the reason for the delay in setting up the Legal Services Regulatory Authority (details supplied); and if she will make a statement on the matter. [30139/16]
View answerPreparations for the phased commencement of the Legal Services Regulation Act 2015, including the setting up of the new Legal Services Regulatory Authority, are already under way. On 19 July, under S.I. No. 383 of 2016, I commenced those provisions of Part 1 and Part 2 of the Legal Services Regulation Act as necessary to get the new Regulatory Authority up and running, particularly in terms of its membership and appointment.
Earlier this year nominations for membership of the Legal Services Regulatory Authority were duly obtained from the ten prescribed nominating bodies set out for that purpose in the 2015 Act. Following the relevant procedures, resolutions approving their appointment as members were passed by the Seanad on 19 July 2016 and by the Dáil on 21 July 2016, such resolutions being required under section 9 (2)(a) of the Act. Following this, the Government, at its meeting of 27 September 2016, duly appointed ten members of the new Legal Services Regulatory Authority. These were: Don Thornhill; Angela Black; Deirdre McHugh; Gerry Whyte; Stephen Fitzpatrick; Dermott Jewell; David Barniville; Joan Crawford; Geraldine Clarke; and James MacGuill. At the same time, as provided under the 2015 Act, the Government agreed the appointment of Dr. Don Thornhill, being an approved lay member, as Chairperson of the new Regulatory Authority. Under the 2015 Act, the Authority has a total of eleven members including a lay majority and lay Chair.
It was also agreed at that time, following the relevant procedures of the 2015 Act, that Eileen Barrington SC be put forward as an alternative nominee of the King’s Inns for membership of the new Authority. This arose from the fact that their initial nominee, who had also been approved in July, was no longer available. The relevant resolutions of both Houses approving the appointment of Eileen Barrington SC were passed on 6 October 2016. Her appointment will, therefore, complete the eleven-person membership of the new Regulatory Authority.
Initial briefings and secretarial support are being provided at official level for Dr. Don Thornhill as Chairperson of the new Authority and he is engaged in ongoing consultations with his incoming colleagues on the Authority. Initial office accommodation for the Authority has been identified that will accommodate a small start-up team of three or four staff. This is intended to provide a bridge-head from which a permanent premises and additional working capacity can be secured. The first formal meeting of the Authority will take place on 26 October.
On 29 September 2016, I signed the Order appointing 1 October 2016 as the official “establishment day” of the new Legal Services Regulatory Authority as provided under section 7 of the Legal Services Regulation Act - S.I. No. 507 of 2016 refers. Following on from the setting of establishment day, it is intended that the phased commencement of the remaining Parts of the 2015 Act will be implemented over the remainder of this year - with some carry-over anticipated into early 2017 in relation to major undertakings such as the start-up of the Authority’s critical public complaints function. The current phase will, therefore, include the phased commencement of Parts of the 2015 Act such as those dealing with legal costs, the new Office of the Legal Costs Adjudicator, the Roll of Practising Barristers and Pre-Action Protocols.
Following this, the key provisions centred around Part 6 of the Act dealing with the new public complaints and professional conduct and disciplinary procedures, and the appointment of the new Legal Practitioners Disciplinary Tribunal, will be commenced. The managed commencement of these functions is considered essential in order to ensure their effectiveness and success as crucial components of the new regulatory framework.
2. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the outstanding EU directives that her Department or agencies under its remit are responsible for implementing, in tabular form; if the implementation of any of them require specific legislative change; and the details of same. [30017/16]
View answerThe information requested by the Deputy is set out in the table.
|
Directive (full title and number) |
Subject matter |
Implementation |
|
Directive 2014/42/EU of the European Parliament and of the Council |
The freezing and confiscation of instrumentalities and proceeds of crime in the European Union |
The requirements of this Directive are largely already met in Irish law by the Criminal Justice Act 1994. There are a small number of amendments required to that Act, including to provide for extended confiscation of criminal proceeds for certain offences, in order to give full effect to the Directive. The relevant legislation is being prepared. |
|
Directive 2012/29/EU of the European Parliament and of the Council |
Establishing minimum standards on the rights, support and protection of victims of crime, repealing Council Framework Decision 2001/220/JHA |
The Directive will be implemented through primary legislation in the Criminal Justice (Victims of Crime) Bill which is being drafted on a priority basis. At an operational level, arrangements have been put in place to ensure that rights conferred by the Directive are provided to crime victims both within existing legislation and on a non-statutory basis pending the enactment of the necessary legislation. |
|
Directive 2013/40/EU of the European Parliament and of the Council |
Attacks against information systems and replacing Council Framework Decision 2005/222/JHA. |
The legal provisions in the Directive are being implemented through primary legislation in the form of the Criminal Justice (Offences Relating to Information Systems) Bill 2016. The Bill was published on 19 January 2016, was restored to the Dáil Order Paper and it is hoped that it can be enacted in the current Parliamentary Session. |
|
Directive 2016/681/EU of the European Parliament and of the Council |
The use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. |
This Directive is required to be transposed by the member states by 25 May 2018. Primary legislation will be required to implement the legal provisions in the Directive. |
|
Directive 2016/680/EU of the European Parliament and of the Council |
The protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (Data Protection Directive) shall apply with effect from May 2018. |
It is intended that the Directive will be transposed into national law in the Data Protection (Amendment) Bill which will be published in 2017. |
3. Deputy Eugene Murphy asked the Tánaiste and Minister for Justice and Equality the number of Garda reservists in the Sligo, Leitrim and Galway Garda divisions. [30031/16]
View answerAs the Deputy will be aware, the Garda Commissioner is responsible for the distribution of resources, including Reserve Gardaí, among the various Garda Divisions and Districts and I, as Tánaiste, 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.
I have been informed by the Garda Commissioner that as of the 31 August 2016, there were 24 Reserves assigned to the Sligo/Leitrim Division and 36 assigned to the Galway Division.
I announced earlier this week the Government has approved my proposal for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. Funding has been provided for the recruitment in 2017 of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Appointments will also be made to the Garda Reserve of approximately 300 in 2017.
I have spoken to the Garda Commissioner in relation to the delivery of the commitment to double the Reserve to 2,000 and what steps might be taken to ensure that the expanded Reserve is used to best effect in support of visible policing. In this regard, I welcome the recent assignment by the Commissioner of a Superintendent to head up the Garda Reserve Management Office. I understand that that Office is currently undertaking an audit of the experience and skills of Reserves which, when completed, will assist Garda management in considering the future role to be played by the Reserve. It has also started work on the development of a recruitment plan with the objective of recruiting and training 300 new Reserves annually starting next year, to bring the strength of the Reserve up from its current strength of 789 members to 2,000. As part of the planning process, I understand that the Office is examining the possibility of recruitment at the regional or divisional level, rather than centrally, and also the manner in which the training is delivered.
4. Deputy Eugene Murphy asked the Tánaiste and Minister for Justice and Equality the number of trainee gardaí who are enrolled on the new recruitment campaign since it began on 8 September 2016; and the number enrolled in the special stream of this campaign for eligible reserve members. [30032/16]
View answerSince the Garda College re-opened in September 2014, 163 members of the Garda Reserve have joined An Garda Síochána as trainee Gardaí. The 2016 recruitment campaign for trainee Gardaí included for the first time a special stream for eligible reserve members as a means of giving due recognition to satisfactory service by such members. This has worked well and so far 39 members of the Reserve have entered the Garda College via that special stream and more will enter over the remainder of this year and into next year. The concept of a special Reserve stream has been continued in the new recruitment campaign which I announced on 8 September for which the closing date for applications was 29 September.
The Deputy will appreciate that it is the Public Appointments Service (PAS) which conducts the recruitment process for trainee Gardaí on behalf of the Garda Commissioner. I am informed that provisional figures indicate that there are 5,110 applicants for the general stream of whom 129 are also applicants for the special Reserve stream.
5. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality the position when An Garda Síochána National Vetting Bureau conducts vetting of a person in respect of a position they may be taking up with an organisation involving vulnerable persons; if their vetting covers items which in many cases can be a substantial numbers of years where the person, the subject of the vetting, has lived and worked outside the country or if the vetting only cover the periods for when they were here; and if she will make a statement on the matter. [30036/16]
View answerI have sought further information from the Garda authorities regarding the matters raised and I will revert directly to the Deputy when the information is to hand.
The following deferred reply was received under Standing Order 42A
The Garda National Vetting Bureau carries out employment vetting checks. This is done primarily in respect of areas of employment where persons may have substantial unsupervised access to children or vulnerable adults and is done in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016. Vetting is also carried out in respect of certain other State employments, such as for An Garda Síochána or the Defence Forces.
I am informed by the Garda Authorities that the National Vetting Bureau conducts vetting checks in respect of the information held in the criminal records database in this jurisdiction. The National Vetting Bureau also has in place a reciprocal arrangement with the Police Service of Northern Ireland in respect of addresses in Northern Ireland which are held or have been held by vetting applicants.
The National Vetting Bureau does not make any requirements of vetting applicants to provide evidence of criminal records from any other jurisdiction. Any requests that may be made by employers or registered organisations to have applicants provide evidence of criminal record from other jurisdictions is outside the remit of An Garda Síochána and would be a matter for the organisations concerned.
6. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality the position regarding the procedures whereby a person may seek permission to stay and work here when persons from outside the EU are here on a visitors visa; and if she will make a statement on the matter. [30040/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that a non-EEA national who is granted a visa to enter the State as a visitor is not permitted to have their status changed, while in the State. A non-EEA national who wishes to work in the State must have secured a job for which an employment permit - issued by the Department of Jobs, Enterprise and Innovation - has been secured by the person's employer. A so-called "visitor visa" is granted on the understanding that the person's intention is to visit the State as a visitor and in no other capacity, and to leave the State at the expiry of the permission endorsed in their passport by the immigration officer at the port of entry. If it is the intention of a person to attend for interview when in the State, for example, then the person should have sought a visa for that specific purpose.
The rules governing visas are there to uphold the integrity of the immigration system. It is incumbent on persons who wish to enter the State to play their part by not abusing the permission they have been granted.
7. D'fhiafraigh Deputy Peadar Tóibín den an Tánaiste agus Aire Dlí agus Cirt agus Comhionannais cad é an líon daoine a bhfuil cumas feidhmeach acu sa Ghaeilge agus atá ag obair ina Roinn. [30076/16]
View answer8. D'fhiafraigh Deputy Peadar Tóibín den an Tánaiste agus Aire Dlí agus Cirt agus Comhionannais an bhfuil sprioc leagtha amach maidir le líon daoine a bhfuil cumas feidhmeach acu sa Ghaeilge a bheith ag obair sa Roinn de réir reachtaíochta agus an bhfuil an sprioc sin bainte amach go fóill. [30091/16]
View answer9. D'fhiafraigh Deputy Peadar Tóibín den an Tánaiste agus Aire Dlí agus Cirt agus Comhionannais an bhfuil beartas earcaíochta faoi leith i bhfeidhm chun aon chuóta maidir le líon daoine a bhfuil cumas feidhmeach acu sa Ghaeilge, má tá a leithéid ann, a bhaint amach. [30106/16]
View answerMolaim Ceisteanna Uimh. 7 go 9, cuimsitheach, a fhreagairt le chéile.
Mar is eol don Teachta, déantar baill foirne le haghaidh mo Roinne a earcú tríd an tSeirbhís um Cheapacháin Phoiblí (PAS). Maidir le hiarrthóirí a shanntar, ní chuirtear eolas faoi inniúlacht teanga na n-iarrthóirí ar fáil do mo Roinn.
Tá áthas orm a chur in iúl don Teachta, áfach, go bhfuil cohórt de bhreis is 40 oifigeach ag mo Roinn, arna tharraingt as acmhainní reatha, atá ar fáil chun seirbhísí a sholáthar (is é sin, ceisteanna agus fiosruithe a fhreagairt) as Gaeilge. Ón mbliain 2006 i leith, le tosach feidhme a Scéime Tionscnaimh Gaeilge, tá an Roinn Dlí agus Cirt agus Comhionannais tar éis 23 cúrsa inmheánach Gaeilge a reáchtáil, idir chúrsaí scríofa agus chúrsaí labhartha, arna chur in oiriúint do bhaill foirne. Is iad Gaeleagras, Gaelchultúr agus an Foras Riaracháin a reáchtáil na cúrsaí seo, i gcomhthráth le chéile, i roinnt cásanna, in oifigí na Roinne i mBaile Átha Cliath agus i gCill Airne araon. Ina theannta sin, tá an Roinn tar éis tacú le baill foirne ar mhian leo cúrsaí Gaeilge a dhéanamh lasmuigh den Roinn, agus le hoifigigh a ghlac páirt i gcúrsa scríofa Gaeilge ar-líne, agus tá sí ag tacú i gcónaí le baill foirne ar mian leo cúrsaí Gaeilge a dhéanamh. Chuaigh oifigeach amháin de chuid na Roinne ar aghaidh chun Céim Mháistreachta sa Ghaeilge a dhéanamh, agus chuaigh oifigeach eile, a bhí tar éis freastal ar roinnt cúrsaí inmheánacha, ar aghaidh chun Céim B.A. sa Ghaeilge a dhéanamh.
Tá post amháin ag mo Roinn chomh maith, post Aistritheora, a bhfuil sé riachtanach go mbeadh an sealbhóir dátheangach go feidhmiúil sa Ghaeilge agus sa Bhéarla. Is é príomhról an Aistritheora Rialacha Cúirte a aistriú go Gaeilge. I dtaca leis sin táim sásta go bhfuil leorlíon foirne le hinniúlacht sa Ghaeilge ag mo Roinn chun freastal ar éilimh a thagann chun cinn.
Mar is eol don Teachta, b’fhéidir, tuigtear dom go bhfuil an Roinn Ealaíon, Oidhreachta Gnóthaí Réigiúnacha, Tuaithe agus Gaeltachta le Leasú ar Acht na dTeangacha Oifigiúla, 2003, a chur faoi bhráid an Oireachtais.
10. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality her views on media reports that the United Kingdom is seeking to shift the front line of immigration controls to Ireland’s ports and airports in order to avoid having to introduce a hard border on the island; and if she will make a statement on the matter. [30143/16]
View answer11. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality the way in which the external border of the common travel area can be strengthened without compromising freedom of movement within the European Union; and if she will make a statement on the matter. [30144/16]
View answerI propose to take Questions Nos. 10 and 11 together.
The Common Travel Area (CTA) between Ireland and the UK has for many decades delivered immeasurable economic, social and cultural benefits to all people on these islands. Both the Irish and British Governments have made it clear that it is their wish to maintain the CTA arrangements after the UK leaves the European Union. Both Governments have also expressed their commitment to ensuring there is no return to a so-called 'hard border' between both parts of the Island.
There have been a number of misleading media reports on these matters in recent days. It has always been the case that Ireland and the United Kingdom cooperate closely on jointly securing the external border of the CTA and we will continue to cooperate, and to strengthen that cooperation, in the future. In that regard a central feature of the operation of the CTA has been that each State enforces the other's conditions of landing for non-EEA nationals, thus protecting each other's borders. In addition, cooperation extends across a number of other areas including the sharing of information and at an operational level on enforcement. For example, on the information front, earlier this year new arrangements to allow for the sharing of Advanced Passenger Information between Ireland and the UK in order to further enhance the integrity of the Common Travel Area were introduced. The development of the British-Irish Visa System was facilitated by this arrangement and indeed could not have happened without the electronic sharing of information such as biometrics.
The impact of 'Brexit' on the right to free movement of EEA citizens will ultimately be a matter that will feature within the negotiation process that will take place following the UK's formal notification to the European Council that it intends to leave, and it is therefore not possible at this juncture to say what arrangements will apply between the UK and EU in the future in respect of such persons. What I can make clear is that, while we will continue to maintain and enhance cooperation with the UK in relation to general immigration and border enforcement, Ireland of course remains a committed member of the European Union and will continue to uphold the right of free movement for all EU citizens after the UK leaves the Union.
12. Deputy Michael Harty asked the Tánaiste and Minister for Justice and Equality her views on a matter (details supplied) regarding Garda whistleblowers; and if she will make a statement on the matter. [30146/16]
View answerOn 3 October, 2016 I received two protected disclosures under the Protected Disclosures Act 2014. In accordance with the Act I can say nothing publicly which might identify the persons making the disclosures and I cannot comment on the accuracy or otherwise of reports which have appeared in the media about the nature of these disclosures. It is vitally important that the claims of people making such disclosures are properly addressed. It is also important to ensure that the rights of such individuals to fairness and proper procedures is provided for.
Having consulted with the Attorney General, I asked Mr. Justice Iarfhlaith O'Neill, a former Judge of the High Court, having regard to the provisions of the Protected Disclosures Act, 2014, to:
- review allegations of wrongdoing contained in the disclosures
- make any inquiries with persons or bodies that he considers appropriate in relation to the review
- report to me within six weeks on the conclusion of the review including any recommendations which he may consider necessary in relation to any further action which may be appropriate and warranted to address the allegations.
I have no plans to amend these terms of reference. On conclusion of the review and in light of any recommendations I will consider what further steps may be necessary.
In light of the public interest in An Garda Síochána having robust policies and procedures in place to support and protect whistleblowers and to ensure that their complaints/allegations are fully investigated, I wrote to the Policing Authority on 2 June 2016 requesting that in accordance with section 62O(6) of the Garda Síochána Act 2005 (as amended) they submit a report on the policies and procedures in place in An Garda Síochána to deal with whistleblowers/whistleblowing. I also asked that they make any recommendations that they consider appropriate in order to ensure that the policies and procedures in place are appropriate and can provide assurance that whistleblowers can make complaints/allegations in a safe environment where their complaints/allegations are properly investigated.
While there have been significant changes in the regime for making protected disclosures by members of the Gardaí and the significant protections afforded to those who make protected disclosures, the Deputy will appreciate that I will consider very carefully the report from the Policing Authority when it is available.
13. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the reviews her Department has carried out on the operation of the Garda Reserve which reached its 10th anniversary in September 2016, with particular reference to any plans to improve the pathways from membership of the reserve to a career in An Garda Síochána, including lifting the requirement for a person to be under 35 years of age if they were under 35 years of age when they joined the reserves, increasing the small payment given to cover expenses or any other changes. [30147/16]
View answerThe Garda Reserve was established in accordance with the Garda Síochána Act 2005 to enhance the links between An Garda Síochána and local communities and consists of voluntary unpaid members, drawn from the community, to support the work of An Garda Síochána. The Reserve perform policing duties as determined by the Garda Commissioner, while accompanied by full time Gardaí. Their role is to provide local patrols and participate in crime prevention initiatives targeted at specific local problem areas. Reserve members are also involved in policing major incidents and events, and in providing other operational support to full time Gardaí. In recent years the Garda Commissioner has conferred further powers on reserve members under the Criminal Justice (Public Order) Act 1994 and the Road Traffic Act 1961 and has also decided that they should carry out more duties including the serving of summonses, and the issuing of Fixed Charge Penalty Notices where offences are detected
As I announced earlier this week the Government has approved my proposal for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. Funding has been provided for the recruitment in 2017 of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Appointments will also be made to the Garda Reserve of approximately 300 in 2017.
I have spoken to the Garda Commissioner in relation to the delivery of the commitment to double the Reserve to 2,000 and what steps might be taken to ensure that the expanded Reserve is used to best effect in support of visible policing. In this regard, I welcome the recent assignment by the Commissioner of a Superintendent to head up the Garda Reserve Management Office. I understand that that Office is currently undertaking an audit of the experience and skills of reserves which, when completed, will assist Garda management in considering the future role to be played by the Reserve. It has also started work on the development of a recruitment plan with the objective of recruiting and training 300 new Reserves annually starting next year, to bring the strength of the Reserve up from its current strength of 789 members to 2,000. As part of the planning process, I understand that the Office is examining the possibility of recruitment at the regional or divisional level, rather than centrally, and also the manner in which the training is delivered.
Recruitment of trainee Gardaí to An Garda Síochána involves a competitive process undertaken by PAS on behalf of the Commissioner and, for successful candidates, further fitness, medical and vetting tests undertaken by An Garda Síochána in accordance with the Garda Síochána (Admissions and Appointments) Regulations 2013. Under these regulations the age ceiling at which any candidate may apply to join An Garda Síochána as a full time member is set at not more than 35 years and there are currently no plans to change this regulation.
The Regulations provide that special recognition may be given to Reserve members in the context of the selection process as they have undergone training in many of the skills required to be an effective full-time member of An Garda Síochána and have gained experience in operational policing. The recruitment campaign for 2016 included for the first time a special stream for eligible members of the Reserve. This special steam was continued in the most recent campaign announced on 8 September 2016. To be eligible for the special Reserve stream a reserve member is required to have completed their probation, performed their role to a satisfactory standard, and served a minimum of 150 hours per year for two of the previous four years. The Reserve stream is essentially a fast-track stream in that it allows the eligible reserves to skip stage 1 (unsupervised on-line tests) of the competitive assessment process and move straight to stage 2 which consists of supervised assessment tests taken in an assessment centre. Those who meet the required standard are then called to a competency based interview. Successful candidates are then fast tracked through the medical, fitness and vetting assessments undertaken by An Garda Síochána. The first successful candidates to enter the Garda College from the 2016 recruitment campaign last June were all from the Reserve stream.
As I have already stated the Reserves consists of voluntary unpaid members. Reserve members who work a minimum of 208 hours in a 12 month period receive a non-taxable allowance of €1,000 per annum as a contribution towards their expenses. They are also reimbursed for expenses incurred while attending court in respect of their service as a Reserve member.
The Commissioner, with the aim of recognising the efforts of the Reserves and increasing their visibility within the organisation, is introducing an annual event to recognise them. This is a very welcome initiative and I understand that the first such event, to take place 10 years since the inauguration of the Reserve, is scheduled for 12th December 2016.
14. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the arrangements that exist when gardaí are present at private sporting events and concerts, with regard to the way payment for these services is calculated, with particular reference to whether there is payment per garda; the financial arrangements relating to payment for Garda reserves; and if she will make a statement on the matter. [30148/16]
View answerIn accordance with Section 30 of the Garda Síochána Act 2005, at the request of a person or commercial entity, the Garda Commissioner may provide and charge for police services for events on private property or in areas open to the public.
I am advised by the Garda authorities that the cost to the event holder is determined by the number of Garda personnel deployed and all such charges are agreed with event holders in advance. The objective in charging for police services is to recover the cost of providing the service.
I am further advised that An Garda Síochána does not seek to recover its costs for charitable events.
15. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if any of the gardaí involved with the Abbeylara case 2000 were also involved, either directly or indirectly, with cases (details supplied) prior to the murder; if so, the responsibilities of such personnel in the investigations prior to the murder; the steps that were taken by the Garda Commissioner to have this involvement investigated to ensure that there had not been a repeat of the shortcomings determined by Mr. Justice Barr in the Abbeylara inquiry; and if she will make a statement on the matter. [30149/16]
View answerThe recommendations made by Mr Justice Barr fall broadly into three categories, comprising command structures at siege incidents, training and the use of specialised equipment. It is not clear from the Deputy's question what connection she is suggesting there could be between these recommendations and the particular case referred to in her question.
In any case the deployment of individual members of the Garda Síochána is an operational matter and is the responsibility of the Garda Commissioner.
16. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if an extension to a visa will be approved in the case of a person (details supplied); and if she will make a statement on the matter. [30156/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned entered the State on 22nd September 2010 and was registered as a student under Stamp 2 between 19th October 2010 and 23rd September 2015.
I am advised that, on 9th June 2014, the person concerned made an application to INIS for a change of status and for permission to remain in the State under Stamp 3 conditions so that they may operate the Living Waters Church. They stated at that time that they were seeking permission to remain in the State as a missionary. It was noted that the person concerned was informed that the fact that they had been resident in the State as a student under Stamp 2 conferred no entitlements upon them to Stamp 3 permission to remain in the State. Furthermore, no evidence was submitted to show that they were in receipt of financial support from the Living Waters Church in Malawi - a founding church of Living Waters Church in Dublin. Against this background, the person concerned was informed on 14th November 2014 that their application for a change of status and for permission to remain in the State on Stamp 3 conditions was refused.
It is noted that the person concerned has not made contact with INIS's Residence Division in respect of their position in the State since that time, and there are no applications pending with INIS.
The person concerned has not had permission to remain in the State since 23rd September 2014, and they should be aware 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 Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As the person in question does not have immigration permission to remain in the State, they are not entitled to work. Against this background, the person concerned should attend their local Garda National Immigration Bureau Office as soon as may be.
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.
17. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the position in regard to regularisation of residency, stamp 4 and leave to remain in the case of a person (details supplied); and if she will make a statement on the matter. [30158/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person's applications are currently under consideration.
Firstly, with regard to the application for Retention of a Residence Card under the provisions of the European Communities (Free Movement of Persons) Regulations 2015 on 9 February, 2016, I am further informed by INIS that a decision will issue on this application by 28 October, 2016.
Secondly, a request for further information issued recently to the applicant regarding their application for a change of immigration status. It should be noted that INIS has been informed that this person's mother and minor siblings, who are all Irish nationals, are resident in the State.
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 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.
18. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will review the previously refused request to revoke a deportation order in the case of a person (details supplied); and if she will make a statement on the matter. [30159/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 10th July, 2008, following the refusal of the asylum claim made by the person concerned and the detailed consideration of their case under Section 3 of the Immigration Act 1999 (as amended). That Order remains valid and in place.
Representations were received from the person concerned requesting that the Deportation Order be revoked, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). Following the consideration of that request, a decision was taken in May, 2016 that the Deportation Order should be 'affirmed' and this decision was communicated to the person concerned by registered post dated 9th May, 2016. On foot of that decision, the person concerned was required to 'present' at the Offices of the Garda National Immigration Bureau on 12th May, 2016 to make arrangements for their deportation from the State. The person concerned failed to 'present' on that occasion and is therefore recorded as a person who is evading deportation.
The Deputy might wish to note that the effect of a Deportation Order is that the person named on the Order is legally obliged to leave the State and to remain outside the State thereafter. The enforcement of the Deportation Order in this case is an operational matter for the Garda National Immigration Bureau.
The Deputy may wish to note that 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.
19. 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. [30160/16]
View answerI refer the Deputy to my reply to his recent Parliamentary Question No: 122 of Tuesday 27th September 2016 in relation to the person concerned. I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the position remains unchanged. The processing of the application for a certificate of naturalisation from the person referred to 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.
20. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if leave to remain or an extension or stamp 4 can be awarded in the case of a person (details supplied); and if she will make a statement on the matter. [30161/16]
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 certain family members.
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.
A minor child of the persons concerned is the subject of a separate asylum application 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 provides for the protection of the identity of protection applicants.
The Deputy may wish to note that 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.
21. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if stamp 2 can be updated to stamp 4 in the case of a person (details supplied); and if she will make a statement on the matter. [30162/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned entered the State on 1st November 2014 and is registered as a student on Stamp 2 conditions until 5th December 2016.
It is noted that the person concerned has not made contact with INIS Residence Division in respect of their position in the State, and there are no applications pending with INIS. If the person concerned wishes to change their immigration status in the State, then they should make contact with the Residence Division of INIS.
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.
22. 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. [30166/16]
View answerI 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.
23. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the reason for the ongoing delay in determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [30168/16]
View answerI refer the Deputy to the reply to his recent Parliamentary Question No: 76 of Friday 16th September 2016 in relation to the person concerned. I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the position remains unchanged. The processing of the application for a certificate of naturalisation from the person referred to is ongoing and will be submitted to me for decision as expeditiously as possible.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
24. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if an extension of visa will be granted in the case of a person (details supplied); and if she will make a statement on the matter. [30169/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned entered the State on 22nd October 2015 and was registered as a student on Stamp 2 conditions between 23rd November 2015 and 25th October 2016.
It is noted that the person concerned has not made contact with INIS Residence Division in respect of their position in the State, and there are no applications pending with INIS. If the person concerned wishes to change or extend their immigration status in the State, then they should make contact with the INIS Residence Division.
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.
25. Deputy Mick Barry asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to plans by the owners of Ashbourne House direct provision centre in County Cork to develop the centre into apartments which would lead to the displacement of the residents of the centre; if she will provide the end date of the current contract between the Reception and Integration Agency of her Department and the owners of the centre; if her Department has engaged in negotiations to renew the contract; and if she will make a statement on the matter. [30174/16]
View answerThe contract at Ashbourne House is for the period 16/12/2015 to 12/12/2017 for a capacity of 95 persons. RIA has no knowledge of plans to develop the centre into apartments. At this point in time, RIA expects the contract to run to 12/12/2017.
