Thursday, 19 Jan 2017

Written Answers Nos. 44-58

Family Law Cases

Questions (44)

Clare Daly

Question:

44. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 47 of 30 November 2016, her views on the fact that psychotherapists are regularly used to compile reports under section 47 of the Family Law Act 1995 despite the fact that accreditation or licensing is not mandatory in order to practise as a psychotherapist here, meaning non-accredited persons are not obliged to abide by any professional code of conduct or standards; and if she will make a statement on the matter. [2232/17]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that neither the Courts Service nor the judiciary have any role in relation to the qualifications for psychotherapists in the context of them providing reports under Section 47 of the Family Law Act, 1995.

The qualifications of the expert are determined by the issues of concern in the families in question. There are no regulations that require experts to hold specific qualifications but the people engaged in this process are usually qualified and practising psychologists or psychiatrists, depending on the issues involved. The experts appointed under Section 47 are required to act in accordance with the standards and codes of conduct of their professional bodies.

It should be noted that the Minister for Health has proposed a designation of the professions of counsellor and psychotherapist under the Health and Social Care Professionals Act 2005 which will deal with their regulation and will ensure that those registered would have minimum qualifications and this is currently under consideration by the Department of Health.

In addition, as the Deputy may be aware, the Minister for Children and Youth Affairs is at present in the course of bringing forward a number of key reforms in relation to guardian ad litem services.

Court Judgments

Questions (45)

Bernard Durkan

Question:

45. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if a recent Court of Appeal decision in respect of the upgrade of residency status for certain non-EEA students will affect the case of a person (details supplied); and if she will make a statement on the matter. [2234/17]

Written answers

Tánaiste and Minister for Justice and Equality

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person arrived in the State on 30 September 2007 on student permission. This permission expired on 12 October 2012. Having been unlawfully in the State for over two years, an application was made to INIS on 4 December 2014 for an extension of the student permission. This permission was, however, refused on 16 February 2015. In April 2015, an application for change of status was received. This application was refused on 16 February 2016. No further application has been received by this person and the person should consider leaving the State.

All non-EEA students resident in the State are subject to the student immigration rules set out clearly on the INIS website, and which were first published in September 2010 and have been in effect since 1 January 2011. These rules stipulate that non-EEA students may remain in Ireland as students, subject to the provisions of the new regime, including demonstrated progression as a student, for a maximum period of seven years. All non-EEA nationals resident in the State on a student permission basis must comply with the above-mentioned immigration rules.

Finally, I can confirm that the Court of Appeal judgment referred to by the Deputy is being appealed to the Supreme Court.

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 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.

Court Judgments

Questions (46)

Bernard Durkan

Question:

46. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if a recent ruling by the Court of Appeal will have an effect on the case of a person (details supplied); the correct procedure to be followed by the person in view of the ruling; and if she will make a statement on the matter. [2235/17]

Written answers

Tánaiste and Minister for Justice and Equality

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person arrived in the State on 22 September 2008 on student permission. This permission expired on 5 January 2015. An application was made to INIS on 8 May 2015 for an extension of the student permission. This permission was refused on 12 July 2016 and no further application has been received by this person. The person concerned is now unlawfully in the State.

All non-EEA students resident in the State are subject to the student immigration rules set out clearly on the INIS website, and which were first published in September 2010 and have been in effect since 1 January 2011. These rules stipulate that non-EEA students may remain in Ireland as students, subject to the provisions of the new regime, including demonstrated progression as a student, for a maximum period of seven years. All non-EEA nationals resident in the State on a student permission basis must comply with the above-mentioned immigration rules.

Finally, I can confirm that the Court of Appeal judgment referred to by the Deputy is being appealed to the Supreme Court.

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 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.

Naturalisation Applications

Questions (47)

Bernard Durkan

Question:

47. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in determination of an application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [2236/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is under consideration and has not yet reached a conclusion.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Deportation Orders

Questions (48)

Bernard Durkan

Question:

48. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the options available in the case of a person (details supplied) to facilitate their right to remain notwithstanding refusal on appeal; and if she will make a statement on the matter. [2238/17]

Written answers

Tánaiste and Minister for Justice and Equality

I 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 4th May 2010, and therefore has no entitlement to residency in the State.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State.

The enforcement of the Deportation Order 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.

European Court of Justice Rulings

Questions (49)

David Cullinane

Question:

49. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to a Court of Justice of the European Union judgment (details supplied) and the fact that the judgment states the competent national authorities to whom access to retained data has been granted must notify the persons concerned of that fact; the procedures that have been put in place by her Department to notify persons concerned that access to their retained data has been granted in view of this judgment; if any journalists have been notified or will be notified that access to their retained data had or has been granted; and if she will make a statement on the matter. [2239/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am, of course, aware of the judgment of the European Court of Justice to which the Deputy refers in his question which addresses a number of aspects relating to legislative regimes governing access to retained communications data by law enforcement authorities investigating serious crime and preventing security threats. The judgment raises a number of complex issues of law and fundamental rights, including the notification of persons whose data has been accessed and, in conjunction with the Office of the Attorney General, my Department is currently considering the implications of the judgment in the Irish context.

Leave to Remain

Questions (50)

Bernard Durkan

Question:

50. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in determination of applications for permission to remain and stamp 4 in the case of a person (details supplied); and if she will make a statement on the matter. [2240/17]

Written answers

Tánaiste and Minister for Justice and Equality

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 Deputy might also wish to note that the first named person concerned has not, to date, provided the documentation requested in a letter dated 11th August, 2016. The requested documentation should therefore be submitted to the INIS as soon as possible.

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.

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.

Immigration Status

Questions (51)

Bernard Durkan

Question:

51. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if extension to residency status will be facilitated in the case of a person (details supplied); and if she will make a statement on the matter. [2243/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application under the provisions of the European Communities (Free Movement of Persons) Regulations 2015 in respect of the person concerned.

It is open to the individual concerned to consult the INIS website at www.inis.gov.ie for information in respect of the type of permission and relevant application process which may be applicable to their situation as the partner of an EU citizen.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the 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.

Deportation Orders

Questions (52)

Bernard Durkan

Question:

52. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which submissions have been made in response to a proposal to deport in the case of a person (details supplied); and if she will make a statement on the matter. [2247/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a proposal to make a Removal Order and Exclusion Order under Regulation 20 and 23 of the European Communities (Free Movement of Persons) Regulations 2015.

Representations were received from the person's legal representative pursuant to the European Communities (Free Movements of Persons) Regulations 2015. This application is under consideration at present. When a decision is arrived at, the person concerned will be notified in writing.

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.

Immigration Status

Questions (53)

Bernard Durkan

Question:

53. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if all required documentation has been received in the relevant section and if further information is required in the case of a person (details supplied); if the person's national passport will be returned to them in the interim; and if she will make a statement on the matter. [2252/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person 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 all other applicable legislation, in advance of a final decision being made. In the event, however, that all information and documentation required to make a decision is not on file then the relevant personnel in the Irish Naturalisation and Immigration Service will be in contact with the person concerned to advise on what additional information or documentation may be required.

The position is that the passport of the person concerned has been referred onwards for verification. Once this document has been returned, and assuming that everything is found to be in order, it will be returned to the applicant.

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.

Deportation Orders Re-examination

Questions (54)

Bernard Durkan

Question:

54. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of an application to revoke a deportation order pursuant to section 3(11) of the Immigration Act 1999, as amended, in the case of a person (details supplied); and if she will make a statement on the matter. [2253/17]

Written answers

Tánaiste and Minister for Justice and Equality

I 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 3rd February 2010.

Representations were received from the person's legal representative, pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.

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.

Garda Stations

Questions (55)

Louise O'Reilly

Question:

55. Deputy Louise O'Reilly asked the Tánaiste and Minister for Justice and Equality if she will provide a breakdown of all operational Garda stations in the State, inclusive of address and contact number, in tabular form; if this information is readily available; and if she will make a statement on the matter. [2259/17]

Written answers

Tánaiste and Minister for Justice and Equality

The Deputy will appreciate that the Garda Commissioner is primarily responsible for decisions in relation to the distribution of Garda resources, including Garda station opening hours, and I, as Minister, have no direct role in these matters.

I am, however, informed by the Garda Authorities that the information sought by the Deputy is available on the Garda Website at 'www.Garda.ie'. The website also includes contact details – address, phone number, e-mail - for all Garda Stations in the State. Notwithstanding stated opening hours, it is of course the case, given the dynamic nature of policing, that smaller stations may have to temporarily close at short notice so that members stationed therein can deal with incidents.

I am further informed that An Garda Síochána has a range of measures in place to enable the public to contact Garda stations. For example, phone calls outside of office hours or to stations that are not manned at the time of the call are redirected to the local District Headquarter station and answered. In cases of non-urgent incidents, it is also possible to email all stations using the Garda website. Emails are responded to at District Headquarters during office hours and forwarded to the relevant Garda station. In situations of emergency members of the public can, of course, contact the emergency services using the 999/112 facility.

These arrangements are, I understand, kept under regular review.

Refugee Resettlement Programme

Questions (56)

Pearse Doherty

Question:

56. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality if the Government has an integration programme for refugees arriving here; if not, the reason; when an integration programme will be established; and if she will make a statement on the matter. [2260/17]

Written answers

Minister of State at the Department of Justice and Equality

As the Deputy may be aware, an Irish refugee resettlement programme has been in operation since 2000. 1,717 vulnerable persons from 27 different countries, including Iraq and Syria, have been resettled under this programme in Ireland to date. Refugees have been resettled in 39 different communities throughout Ireland and in all four Dublin local authority areas to date.

The key elements of the programme are:

- The programme is overseen at the national level by an Inter-Departmental Working Group chaired by the Office for the Promotion of Migrant Integration (OPMI) in the Department of Justice and Equality.

- It is overseen at the local level by an inter-agency working group established in each receiving community and chaired by the Local Authority.

- Representatives of the OPMI resettlement team, accompanied by interpreters, meet the refugees on arrival airside in the airport and accompany them to an Emergency Reception and Orientation Centre where they are accommodated for approximately 8 to 10 weeks.

- An 8 to 10 week language training and orientation programme is provided by the Education and Training Board in cooperation with OPMI at the Emergency Reception and Orientation Centre. Speakers are invited from various organisations to provide information about their services to the refugees. Interpretation is provided to ensure a full understanding of the content on the part of the refugees.

- Childcare is provided free of charge to allow the adults to attend the programme.

- Education provision is made for school age children by the Department of Education and Skills.

- Refugees are assisted to apply for medical cards and assigned a GP.

- Refugees are taken to register with the Irish Naturalisation and Immigration Service (INIS) where they are issued with a Registration Certificate and to the Department of Social Protection to register for a public services card and to be assessed for a social protection income.

- Programme refugees have, in general, the same rights and entitlements as an Irish citizen in relation e.g. to employment, education and training, medical care, social welfare, access to the courts etc. OPMI works in consultation with all relevant agencies at the national and local level to ensure that refugees can access services to which they are entitled and that the necessary services are put in place as quickly as possible.

- Prior to the transfer of refugees to their permanent location, decisions about housing, education, health services etc. have to be taken by the local inter-agency working group in consultation with OPMI.

- The OPMI arranges the transfer from the Emergency Reception and Orientation Centre to the receiving community. OPMI staff also accompany refugees to their first appointments with the various public services in the local community, providing interpretation where required and assisting in the resolution of any difficulties etc.

- Further language training is provided in the receiving community by the Education and Training Board for a period of 12 months post arrival.

- The OPMI resettlement team supports the local inter-agency working group for approximately 18 months after the transfer of the refugees to the receiving community. Grants are made by the OPMI to the receiving community to employ a resettlement support worker for a period of up to one year. The Resettlement Support Worker organises a suite of integration initiatives during the first year post arrival, such as the establishment of homework clubs, developing links with sporting clubs; promoting participation in local men’s and women’s activities; organising intercultural events and promoting participation in the arts and in volunteering at a local level. In the first year post resettlement, the focus is on preparing refugees for employment and independent living. Language and other training programmes are organised at a local level by the Education and Training Board in consultation with INTREO and other local agencies.

- All resettled refugees have the contact details of their key OPMI resettlement officer should any issues arise that cannot be resolved locally.

Similar supports will be provided for all refugees admitted under the Irish Refugee Protection Programme.

Naturalisation Applications

Questions (57)

John Curran

Question:

57. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality if she will review an application for naturalisation (details supplied) whereby the person's application cannot be processed any further by INIS until the person provides a passport from the Ivory Coast; and if she will make a statement on the matter. [2261/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person concerned is under consideration and has not yet reached a conclusion but I understand that the case is due to be submitted for decision in the very near future.

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.

Legislative Programme

Questions (58)

Josepha Madigan

Question:

58. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality the expected timeframe for the enactment of the domestic violence Bill 2016. [2267/17]

Written answers

Tánaiste and Minister for Justice and Equality

I intend to publish the Domestic Violence Bill 2017 very shortly. The Deputy will understand that it is not possible for me to predict the outcome of the legislative process with regard to this or any other Bill. However, my aim is that the Bill will be enacted as soon as possible this year.