Written Answers Nos. 64-76
64. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the expected position in regard to determination of eligibility to remain in the case of persons (details supplied); if the relevant representations will be associated with the file preparatory to review against whom unproven allegations have been made; and if she will make a statement on the matter. [31392/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned had no valid basis to remain in the State, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), they were notified that the Minister proposed to make a Deportation Order in respect of them. 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.
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.
65. 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 eligibility for naturalisation exists in respect of the person and their family; and if she will make a statement on the matter. [31393/16]
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. The records indicate that he currently has permission to reside in the State until 4 November 2016.
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.
66. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and expected residency status and eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [31394/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was originally granted permission to remain in the State for a one-year## period, to 21st February, 2014. The person concerned has since had their permission to remain in the State renewed for a further three year period, to 19th February, 2017.
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 the INIS website (www.inis.gov.ie).
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.
67. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and expected residency status and eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [31395/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy entered the State on 4 May 2009 and was registered as a student in the State on 20 May 2009 under Stamp 2 student conditions. This person had permission to be in the State on student conditions until 30 September 2013.
The person concerned does not have an application pending with INIS. I wish to draw your attention to the document 'Guidelines for non EEA national students registered in Ireland before 1 January, 2011,' which is available on the INIS web site (www.inis.gov.ie). This document clarifies the position in relation to non-EEA students registered in Ireland. As well as the above document, a series of guideline notes outlining how the new immigration regime operates is available on the INIS web site, including information on maximum time limits for students who wish to study at Language Non-Degree Level and Degree-Level.
This person concerned arrived in the State in 2009 and their permission expired on 30 September 2013. If they have not already done so, they are now required to leave the State. If this person leaves, or has already left the State voluntarily, then it would then 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 they believe they should be granted permission to reside in Ireland. If this person were 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 nor should it affect entry into any other State.
If there are any relevant exceptional circumstances which would justify granting this person permission to remain in the State, they 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 this person from the State unless the order is subsequently revoked by the Minister. Such an order may also prevent this person 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 Immigration Act of 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As this person does not have current immigration permission they are not entitled to work.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of Parliamentary Question process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
68. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [31396/16]
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.
69. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will use her absolute discretion to review the order to deport on humanitarian grounds in the case of a person (details supplied); and if she will make a statement on the matter. [31400/16]
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 05 November 2013. 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.
70. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will indicate the availability of extra gardaí and resources throughout north Kildare with particular reference to those locations recently the subject of anti-social behaviour or disturbances; and if she will make a statement on the matter. [31401/16]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel and resources in An Garda Síochána and I, as Minister, have no direct role in these matters. 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 that on the 31 August 2016, the latest date for which figures are readily available, there were 314 Gardaí, 26 Garda Reserves and 26 civilians assigned to the Kildare Garda Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation (NBCI), the Garda National Economic Crime Bureau (formerly the Garda Bureau of Fraud Investigation), and the National Drugs and Organised Crime Bureau.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. In furtherance of this I announced last week that 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. In 2017, funding has been provided for the recruitment 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.
Since the Garda College reopened in 2014 there will have been 1,200 trainee Garda recruited by the end of this year. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí and so far 534 recruits have attested as members of An Garda Síochána of whom of whom 25 of these have been assigned to Kildare. Another 150 will attest later this year and will be assigned to mainstream uniform duties nationwide.
In order to continue to ensure seamless ongoing recruitment of trainee Gardaí I was very pleased to announce the commencement of a new recruitment campaign on last September. The campaign is being organised by the Public Appointments Service on behalf of the Garda Commissioner. The existing recruitment campaign (launched November 2015) is ongoing and successful candidates will continue to be called from that campaign this year and into next year. It is expected that successful candidates from the new campaign will enter the Garda College from mid-2017.
This accelerated recruitment of trainee Garda is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I expect that the Kildare Division, like all other Garda Divisions will benefit from these new resources becoming available.
71. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of applicants who were awarded with the status of permission to remain in each of the years 2012 to 2015 and to date in 2016; the number whose vintage was recent at 2013 or later and those prior to that date; the total number of applicants currently with the status of leave to remain; the total number of applicants currently awaiting a decision; and if she will make a statement on the matter. [31403/16]
View answerIt is assumed that the Deputy is enquiring about applicants who have come through the international protection system (asylum and subsidiary protection) and whose applications have been rejected at these stages of the process.
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that a breakdown of the number of rejected protection applicants who were subsequently granted permission to remain (following an examination under section 3 of the Immigration Act 1999 as to whether or not a deportation order should be made) from 1st January 2012 to 31st August 2016 are as follows:
|
Year |
Failed Protection Applicants Granted LTR under Section 3(6) of the Immigration Act |
|
2012 |
382 |
|
2013 |
598 |
|
2014 |
626 |
|
2015 |
1,180 |
|
2016 (as at 31-08) |
517 |
|
Total |
3,303 |
There are approximately 1,500 cases on hand of failed protection applicants currently awaiting a decision under section 3 of the Immigration Act 1999 on whether or not a deportation order should be made against them. A major effort has been made to process the volume of cases on hand over the past 18 months which has reduced the volumes on hand considerably. It should be borne in mind that new cases are constantly entering the system so there will always be a volume of cases on hand. Also, cases can be held up for a variety of reasons such as judicial reviews etc.
It is not possible to ascertain figures in relation to the number of applicants currently with the status of 'leave to remain' as there is a very wide range of persons granted permission to remain for various reasons and the statistics are not compiled in such a way that the number of those granted permission following an examination of whether or not to make a deportation order under section 3 of the Immigration Act 1999, following an unsuccessful international protection application, can be extracted from the overall figure. Also, it is not possible to carry out the age analysis of applications requested by the Deputy.
As the Deputy is aware, the current system for processing international protection applications involves a number of sequential steps, namely: the first instance asylum decision made by the Office of the Refugee Applications Commissioner (ORAC), a potential appeal to the Refugee Appeals Tribunal (RAT) of a negative asylum decision, an application to ORAC for subsidiary protection and a potential further appeal to the RAT of a negative subsidiary protection decision, before a proposal to deport is issued to an unsuccessful protection applicant under section 3 of the Immigration Act 1999. The Deputy will also be aware that the International Protection Act 2015 provides for the introduction of a single application procedure for international protection, which is specifically aimed at addressing the length of time persons spend in the protection process. The new procedure will streamline and speed up the processing of protection applications and will significantly reduce the length of time that persons spend awaiting a decision on their protection application.
72. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of prisoners awarded early release in the past six months, with particular reference to those with a history of recidivism; if they applied for release or were granted release as a matter of course; the number of such persons who were refused early release in the same period; the number of non-recidivists who were granted or refused early release in the same period; and if she will make a statement on the matter. [31425/16]
View answerI am advised by the Irish Prison Service that a total of 5,629 prisoners were granted temporary release in the six month period April to September 2016. A significant number of these refer to persons imprisoned for very short periods for non-payment of fines, who were granted early release shortly thereafter. For the same period 1,056 prisoners were refused temporary release. The Irish Prison Service publishes figures in relation to the number of prisoners currently on temporary release on their website www.irishprisons.ie on a daily basis.
As advised to the Deputy on 26th April, 2016 in my written response, I am informed by the Irish Prison Service that they do not collate information in the format requested by the Deputy. However, the Irish Prison Service Recidivism study for 2009 shows that 2,304 persons out of a total of 7,509 that were released in that year went on to re-offend within the first 6 months of release. As well as offences committed after expiration of sentence, this figure also includes offences committed before their official release date and this would take account of crimes committed while on early release, day release, and compassionate release. It also includes offences committed while in custody such as assaults and possession of mobile phones.
These figures were produced in partnership with the Central Statistics Office using a combination of Garda Síochána and Irish Prison Service records, based on the Irish Crime Classification System (ICCS). The study, which was published in December 2015, looked at the available data up to the end of 2012 to take account of the time to make a conviction and a broader 3 year analysis of recidivism.
73. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the estimated cost of the roll-out of body cameras for all gardaí; if she has received such a request from the Garda Commissioner; and if she will make a statement on the matter. [31445/16]
View answerThe Deputy will appreciate that the Garda Commissioner is responsible for the provision of equipment for An Garda Síochána and I, as Minister, have no direct role in the matter.
I have been informed by the Garda authorities that an internal working group has been established to examine the issue of body cameras and, if appropriate, to develop a relevant business case which will include the identification of all associated costs.
74. Deputy Sean Sherlock asked the Tánaiste and Minister for Justice and Equality if her Department has applied for permission to engage outside public relations companies for the purpose of disseminating Government policy; the cost of each contract entered into; the name of the contractors; the duration of the contracts; and if she will make a statement on the matter. [31684/16]
View answerI can inform the Deputy that my Department has not applied for permission to engage outside public relations companies for the purposes of disseminating government policy.
75. Deputy Sean Sherlock asked the Minister for Finance if he will account for the extra fiscal space that was allocated for budget 2017; and if he will make a statement on the matter. [31331/16]
View answerThe Department of Finance produces the macroeconomic and fiscal forecasts underpinning Ireland's Stability Programme Update and the annual Budget process. Forecasts of fiscal variables including available fiscal space are routinely updated in these publications. I have outlined previously (Parliamentary Question Number 239 of the 16/09/2016) that the fiscal space in 2017 was largely fixed but was subject to certain moving parts. In aggregate, revisions caused an increase in fiscal space of some €200m or approximately ¼ of a percent of the overall general government expenditure of €76.6 billion forecast for 2017. These revisions are outlined in Box 1 of Chapter 3 of the Economic and Fiscal Outlook in the 2017 Budget book and for the Deputy's convenience below.
For 2017, the reference rates and convergence margins were set by the European Commission in its Spring forecast published in May. However, the GDP deflator used is an average of the Commission's Spring and Autumn deflators. As the Commission's Autumn forecasts are not be published until after Budget 2017, this necessitated using the forecast for the Budget deflator from the Department of Finance's Autumn forecasts published on Budget day. This deflator, reflecting the impact of the 2017 budgetary package, reduced fiscal space by €75m.
Revisions to the 2015 general government expenditure estimates were provided on a confidential basis to my Department following the first transmission of this data to Eurostat by the CSO. Revisions to the 2015 outturn have resulted in an update to the Department's estimate of the 2016 and 2017 expenditure base. Notably, the estimates of Gross Fixed Capital Formation (GFCF) were revised for the period 2012 to 2015. To avoid penalising spikes in government investment in GFCF, the European Commission allows this investment to be averaged over a four year period with the result that any changes to the levels of this investment will impact on available fiscal space. Data from the CSO, revenue and expenditure surveys of the Local Authorities and other general government bodies are returned as part of the budgetary process, these also include updated forecasts of GFCF expenditure in 2016 and 2017 updating further the Department's estimates of the expenditure bases used. The effect of these changes to the estimates of GFCF expenditure in 2016 and 2017 has increased available fiscal space in 2017 by approximately €120m.
The changes in fiscal space referred to in Budget Box 1 as "Revised Carryover" were described in Parliamentary Question Number 198 of 18/10/2016 and has two elements. The first being the impact of the revisions to the Revenue Commissioners methodology regarding the calculation of first year and full year costs of potential Budget tax packages. The second element is the impact on the cost of indexation in 2017 of the revised tax base. These changes combined increased fiscal space by €155m.
76. Deputy Michael McGrath asked the Minister for Finance if his Department has sought any flexibility from the European Commission in terms of the application of the fiscal rules to capital expenditure; and if he will make a statement on the matter. [31354/16]
View answerThe fiscal rules under the Stability and Growth Pact (SGP) have direct application through a number of EU regulations. Changes to these regulations would have to follow the normal EU approach starting with a proposal from the Commission before consideration by Member States and the European Parliament.
Having said that, it is important to note that there are existing provisions in the fiscal rules that are designed to promote capital expenditure. For instance, within the expenditure benchmark pillar of the rules, capital expenditure is granted favourable treatment - as a result of four-year capital smoothing, only one quarter of the increase in capital expenditure must be funded in the first year from within the fiscal space. This provision means capital spending for housing and other purposes can be leveraged within the EU rules.
It should also be noted that there are also certain more explicit flexibility provisions within the rules, particularly with a view to encouraging capital expenditure. These take the form of what is known as the investment clause and structural reform clause. Specifically, these provisions allow for temporary deviations from the required structural budgetary adjustment if the spending can be shown to qualify for either the investment clause or the structural reform clause. Both of these provisions are subject to strict conditions; and while Ireland has not yet been in a position to apply given where we are in the business cycle, the situation is kept under constant review by my officials.
The Government is very conscious of the need to boost the supply of critical infrastructure. Investment in public infrastructure is vital for the medium and long-term competitiveness of the economy as well as for underpinning social cohesion through the provision of vital services to people in the form of schools, public transport, housing, etc. The public capital plan provides for €42 billion of capital investment over the 2016-2021 period and the Government remains committed to this. Further to this the Government set out in the SES proposals for an additional cumulative €5.1 billion in capital spending over the period 2017 -2021. This additional capital spending is aimed at addressing infrastructural bottlenecks and, in particular due to the obvious need for additional investment in housing, at tackling the housing crisis as detailed in the Action Plan on Housing and Homelessness.
In addition, the Government has been exploring the objective to create 'off-balance' mechanisms that bring investment into social housing which is additional to the funding being provided directly by the State. There is ongoing engagement with a broad array of domestic actors and European authorities to explore achievable solutions.
Finally, I would point out that we are still running a deficit and our public debt remains high by international standards. The answer, therefore, is not simply about spending more; it is about getting more from each euro of taxpayers money that is spent.
