Written Answers Nos. 199-212
199. Deputy Brendan Howlin asked the Minister for Justice and Equality the Acts, or parts of Acts, awaiting commencement within his area of statutory responsibility; the reason for the delay in the commencement of each; and if he will make a statement on the matter. [53572/17]
View answerI wish to confirm to the Deputy that the information sought cannot be provided in the time allowed. As soon as the information has been collated I will write to the Deputy on the matter.
200. Deputy Michael McGrath asked the Minister for Justice and Equality his views on the criticisms made of the Prison Service in a report (details supplied) concerning the transfer of a certain prisoner. [53582/17]
View answerI wish to advise the Deputy that the Director General of the Irish Prison Service accepted in full the recommendations contained in the Report of the Commission of Investigation into the Death of Gary Douche.
The Irish Prison Service developed a comprehensive Action Plan for the implementation of the Commission's recommendations which were relevant to the Irish Prison Service.
A central recommendation of the Report related to the issue of inter-prison transfers. The Irish Prison Service developed a Protocol on the Transfer of Prisoners in response to the Report’s recommendations and this protocol was introduced in July 2014.
201. Deputy Michael McGrath asked the Minister for Justice and Equality when a hearing will take place in relation to an application to the Criminal Injuries Compensation Tribunal (details supplied); and if he will make a statement on the matter. [53583/17]
View answerAs the Deputy may be aware, the Criminal Injuries Compensation Tribunal administers the Scheme of Compensation for Personal Injuries Criminally Inflicted. Under the terms of the Scheme, the Tribunal is entirely independent in considering applications made under the Scheme. However, to be of assistance to the Deputy, I have had enquiries made of the Tribunal.
The application referred to by the Deputy is the subject of an appeal by the applicant.
Appeals are heard by three Tribunal members and the Tribunal secretariat is currently preparing an extensive schedule of appeal hearings for the first half of 2018. Appeal hearings are planned on a chronological order. Based on the number of appeals on hand, the application referred to by the Deputy will be listed for appeal during the second quarter of 2018.
I understand that the Tribunal will write to applicants and/or their legal representatives in the coming weeks informing them of their appeal hearing dates.
202. Deputy Ruth Coppinger asked the Minister for Justice and Equality if a court ruling (details supplied) will be examined to determine if recognition of Traveller ethnicity will require a legislative basis; and if he will make a statement on the matter. [53611/17]
View answerAs you will appreciate, I cannot comment on the conduct of an individual court case.
As you are aware, the Traveller community campaigned for many years to have their unique heritage, culture and identity formally recognised by the Irish State. The recognition of Travellers as an Ethnic Group by the then Taoiseach last March, was a strong message from the State and a symbolic and positive step in acknowledging the uniqueness of Traveller identity.
This was welcomed by the Traveller Community as they felt it would resonate strongly among the community and help counter the stigma and shame felt by many, particularly young people, and increase feelings of respect, self-esteem and inclusion. It is hoped that, over time, this will create a new platform for positive engagement by the Traveller Community and Government together in seeking solutions to tackling the social exclusion which Travellers face.
Travellers are, of course, already named as a protected group in our Equality legislation and the National Traveller and Roma Inclusion Strategy 2017-2021 was launched by me last June.
It was made clear at the time of the statement in the Dáil last March that the recognition of Travellers as an Ethnic Group would not create any new individual, constitutional or financial rights because Travellers already enjoy all the human rights and responsibilities that are afforded all citizens under the Constitution and laws.
203. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the steps he is taking to ensure that there will be accountability for the estimated two million fake breath tests; if he will publish the statistics of these tests for each district of An Garda Síochána; and if he will make a statement on the matter. [53898/17]
View answerAs the Deputy will be aware, I have previously put on record my deep concern at the serious failures of the Garda organisation in relation to mandatory alcohol testing checkpoints (MATs) and fixed charge notices.
In relation to the particular issue of whether disciplinary action should be taken against individual members of An Garda Síochána arising from the mandatory alcohol testing checkpoints issues, this is solely a matter for the Garda Commissioner to decide under the Garda Síochána (Discipline) Regulations 2007.
During the most recent public meeting with the Policing Authority on 23 November, the Commissioner apologised for the significant organisational failure and acknowledged the resulting public disquiet.
At this meeting, the Commissioner stated that, taking into consideration that the Policing Authority examination found that the discrepancy between the PULSE figures and the devices was likely to be significantly greater than the 1.458 million figure already identified by the Garda authorities, the scale of such an investigation, its associated costs and resourcing requirement were significant factors in deciding not to undertake individual disciplinary actions. Further consideration was also given to the inevitability of legal challenges to such action, the passage of time, and associated retirements, and poor data quality, which would all have additional delay, cost or other implications.
The Commissioner informed the Authority that the decision to take a future-focused, restorative approach allowed An Garda Síochána to focus on strategic reforms, changes to culture and embedding the Code of Ethics and performance management system, along with improving data quality.
The Commissioner also confirmed that he will be issuing a personal directive to all members stating that distortion of data quality and data breaches will amount to a serious disciplinary matter and could, at the most serious level, result in dismissal. In addition, the Commissioner indicated that he would be specifically and individually writing to each Divisional manager to highlight their responsibilities in relation to supervision and accountability.
The Government established the Policing Authority to ensure oversight of policing practices, shed light on problems and identify solutions through its structured engagement with An Garda Síochána. I would draw the Deputy's attention to the Policing Authority's commentary on the Crowe Horwath report, where the Authority, in relation to this point, stated that "poor performance on a pervasive scale can seldom be appropriately addressed by disciplinary processes". The Authority further commented that the focus should be on implementing a meaningful performance management system for both Garda members and civilians in 2018, so that there is a framework for the delivery of policing plans and ensuring accountability.
The Authority went on to indicate that, unless there is prima facie evidence of either a criminal offence or a disciplinary breach having been committed, the core focus for An Garda Síochána should now be on rectifying the issues identified permanently across all dimensions, including procedures, technology, training, supervision and accountability. I fully expect the Commissioner to urgently address the issues highlighted by myself, by Crowe Horwath and by the Policing Authority and I welcome the continuing oversight of the Policing Authority in this respect. This Government has put in place significant Garda resources, both human and financial, but, as the Policing Authority has emphasised, cultural change within An Garda Síochána is of critical importance. This is why one of the Policing Authority’s first acts was to introduce a Garda Code of Ethics. Adherence to that code must become a fundamental part of our policing. I previously made clear to Commissioner Ó Cualáin that Garda management must ensure that all members are committed to the values the Code sets out. I am confident that he and his colleagues understand the importance of ensuring that cultural change goes hand in hand with systemic improvements. The Policing Authority has a critical role to play in supporting and overseeing this process. Moreover, it is important to remember that the expert Commission on the Future of Policing is undertaking a significant root and branch analysis of policing in Ireland. I have no doubt that this report will inform the Commission's work to bring about the transformation of policing in this country. However, I fully acknowledge the vital work undertaken everyday by the women and men of An Garda Síochána to ensure the safety and security of the people of Ireland. I remain dedicated to doing everything in my power as Minister, in conjunction with the Policing Authority, to ensure ethical and excellent policing, robust oversight and the modernisation of An Garda Síochána to ensure it can operate effectively and professionally in the public interest.
Finally, I would draw the Deputy's attention to page 33 of Crowe Horwath's report, which contains a table, outlining the regional and divisional discrepancies in breath test data across An Garda Síochána during the period June 2009 to April 2017. Statistical information is also available in An Garda Síochána's internal examination into the recording of breath tests at MATs, published in September this year (Pages 52-55 refer).
204. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [53917/17]
View answerI refer to my previous response to the Deputy on 28 September, 2017 in relation to this issue. I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that INIS has no record of correspondence since then in relation to the person's current circumstances. I am further informed that it remains open to the person concerned to contact INIS directly in the matter.
Response to Parliamentary Question 41129/17 of 28 September 2017
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for residence in this State as a family member of an EU citizen was submitted by the person concerned on 5 January 2015. I am informed that the person concerned did not meet the criteria.
On 13 July 2015, INIS granted the person permission to reside in this State for one year under Stamp 4 conditions. INIS informed the person that further extension of that permission may be granted by the relevant local immigration officer subject to the applicant providing a valid passport and providing evidence of employment or self-sufficiency at that stage.
I am informed by INIS that when the person attended her local immigration office to seek the further permission it was declined, as the person did not appear to meet the required conditions. I understand that the person was advised to contact INIS directly in relation to the matter. INIS has no record of correspondence from the person concerned to date.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using Oireachtas Mail facility, which has been specifically established for this purpose. The 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
205. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [53918/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for residence permission and a right to work based on their parentage of an Irish citizen child on 23 May 2017. The Deputy will appreciate that applications are dealt with in chronological order. If further information or documentation is required, the person concerned will be contacted in writing by the relevant officials in my Department in due course.
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.
206. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency options available in the case of a person (details supplied); and if he will make a statement on the matter. [53919/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the 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.
The case of the person concerned is amongst many to be considered by the Minister at present and, as such, at this point in time, it is not possible to provide a specific indication as to when this case will be finalised. However, the person concerned can be assured that there will be no avoidable delay in having their case brought to finality
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.
207. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed to regularise residency in the case of a person (details supplied); and if he will make a statement on the matter. [53920/17]
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), the person concerned has not submitted written representations.
The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation. If any representations are submitted, they will be considered before a final decision is made.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
208. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of residency entitlement in the case of a person (details supplied) with particular reference to their stamp 4 application; and if he will make a statement on the matter. [53921/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the 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.
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.
209. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied) who has lived here for more than ten years; and if he will make a statement on the matter. [53922/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted leave to remain in the State for the period to 07 December 2017. This decision was conveyed in writing to the person concerned by letter dated 07 December 2016.
The person concerned is required to apply in writing for the renewal of this permission. As my Department's records show no evidence of such a renewal application having been made to date, it is recommended that the person concerned should do so without further delay.
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.
210. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when residency status in the context of stamp 4 citizenship will be awarded in the case of persons (details supplied); if their case will be urgently considered; and if he will make a statement on the matter. [53923/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of an application for a certificate of naturalisation on behalf of the first named person who currently has permission to reside in the State until 14 June 2018, is ongoing and will be submitted to me for decision as expeditiously as possible.
There is no record of an application for a certificate of naturalisation from the second person referred to by the Deputy. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
It is open to any individual to lodge an application for a certificate of naturalisation 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, which governs the granting of Irish citizenship through naturalisation.
Detailed information on Irish citizenship and naturalisation, as well as the relevant application forms, is available on the INIS website at www.inis.gov.ie. The website also contains guidance on the completion of an application for naturalisation and an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the statutory residency requirements are met.
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.
211. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the relevant section of his Department has received all papers required in connection with the examination of entitlement to residency in the case of a person (details supplied); and if he will make a statement on the matter. [53924/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the 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.
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.
212. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status and possible entitlement to naturalisation in the case of persons (details supplied); and if he will make a statement on the matter. [53925/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that requests were received for permission to remain in the State in respect of the persons concerned.
However, these cases are among a number of such cases which are currently being held by my Department pending the outcome of the appeal to the Supreme Court of the Court of Appeal judgment in Luximon v. Minister for Justice and Equality which was heard in the Supreme Court on 30 November 2017. A decision will issue in these cases when the matters before the Courts have been finalised.
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.
