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Thursday, 22 Feb 2018

Written Answers Nos. 104-123

Immigration Policy

Questions (104)

Robert Troy

Question:

104. Deputy Robert Troy asked the Minister for Justice and Equality if he will ensure a person (details supplied) can return to his or her home country for a short period and, subsequently, re-enter the country; and if he will make a statement on the matter. [9099/18]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that in the case of a person who has not yet had a final decision made in their case to remain in the State, it is open to the person concerned to avail of the option of voluntary return. This option, if taken up, would leave it open to the person concerned to apply to return to this State at a future date should they establish a valid basis for doing so.

Alternatively, as with all persons who have no valid permission to remain in the State, their case will be considered under Section 3 of the Immigration Act 1999 (as amended). The outcome of this process is either a Deportation Order is issued or a permission to remain is granted by the Minister. It is not possible to pre-empt the outcome of this process and it is not possible for someone to leave and legally re-enter the State while their case is under consideration.  

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.

Brexit Issues

Questions (105, 106, 107, 108)

Jim O'Callaghan

Question:

105. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of meetings he has held with officials from An Garda Síochána on preparing for a hard border post-Brexit; the dates of those meetings; the attendees; and if he will make a statement on the matter. [9109/18]

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Jim O'Callaghan

Question:

106. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if budgetary provision has been made for An Garda Síochána to prepare for a hard border post Brexit; and if he will make a statement on the matter. [9110/18]

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Jim O'Callaghan

Question:

107. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if plans have been put in place to deploy additional gardaí to the Border counties in preparation for a hard border post Brexit; and if he will make a statement on the matter. [9111/18]

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Jim O'Callaghan

Question:

108. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if his Department has prepared a paper on the additional costs for An Garda Síochána of a hard border post Brexit; and if he will make a statement on the matter. [9112/18]

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Written answers

I propose to take Questions Nos. 105 to 108, inclusive, together.

Contingency planning at both a domestic and an EU level is focused on three areas: preparing for a no-deal scenario or so-called “disorderly Brexit”; preparing for a transition period based on the “status quo”; and preparing for the future EU-UK relationship.

While the outcome of the December European Council and the move on to Phase 2 has lessened the likelihood of a disorderly Brexit, very detailed work on a no-deal or worst-case-scenario is advancing intensively through the cross-Departmental coordination structures chaired by the Department for Foreign Affairs and Trade. This work is also informed by ongoing stakeholder engagement. Separately, a new preparedness unit in the Commission is considering EU-level responses.  

All this work provides a baseline scenario for the policies and sectors impacted, which can then be adapted as appropriate in light of developments in the EU-UK negotiations. In this regard, it is welcome that the direction of travel is now firmly towards achieving a “status quo” transition period.  Agreement on a “status quo” transition will provide certainty to individuals and businesses while also aiming to avoid any cliff edge effects between the UK leaving the EU and a future relationship agreement coming into force. The period will provide time for businesses and citizenship, as well as Government agencies, to prepare for the UK’s withdrawal from the EU based on the outcome of the negotiations on the framework for the EU’s future relationship with the UK. In this respect, the expectation is that the European Council will adopt additional Guidelines at its meeting on 22-23 March 2018 on the framework for the future EU-UK relationship. These guidelines – as well as further clarity on the UK position, which has been sought by the European Council - will provide a clearer picture of the direction of travel in the negotiations. 

In relation to the question of the border, the Common Travel Area is an important feature of the close relationship between Ireland and the UK with long-established benefits for trade and tourism between our two countries. Both the Irish and UK Governments have publicly declared their commitment to maintaining the CTA and to ensuring no return to a so-called 'hard border' on the island of Ireland.  The UK’s commitment to avoiding a hard border was restated as part of the agreement to move to phase 2 of the Brexit negotiations in December.  The Government’s commitment to that outcome could not be clearer. 

An extensive programme of engagement has been put in place to support this strategic objective. The importance of the CTA has been highlighted through political and diplomatic engagement with other Member States. There is ongoing engagement with EU institutions and there is regular contact with the European Commission negotiating team on the UK exit from the EU, including in relation to the specific question of the Common Travel Area.  

The practical impact of Brexit on the operation of the CTA is being considered between officials of my Department and the UK Home Office, including at meetings of the Common Travel Area Forum jointly chaired by the Director General of the Irish Naturalisation and Immigration Service and his UK counterpart. An Garda Síochána is represented at a senior level at these meetings. There is a shared understanding that the maintenance of the CTA and the avoidance of a hard border is a priority strategic objective for both countries.   

The Government’s contingency planning continues to be firmly grounded in the extensive work and outreach that has already been undertaken by individual Departments and agencies, as well as by stakeholder organisations, academics and others.  This includes ongoing engagement by my Department with the Garda authorities in relation to the implications of UK exit.  I want to emphasise that it is the Government’s intention that the same border arrangements as currently apply on the island of Ireland will continue in the future. There is already a clear consensus that the Common Travel Area would continue so that the movement of people, a matter of primary concern for my Department and An Garda Síochána, should not be affected.  As would be the case for any changes in policy or practice across any public policy area, in the event that the final shape of Brexit requires changes in the deployment of policing resources then those changes will be implemented by the appropriate authorities and any budgetary provision made in the context of the Estimates process.

Garda Vetting

Questions (109)

Éamon Ó Cuív

Question:

109. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if all convictions, including driving offences, are included in the offences reported on in circumstances in which Garda clearance is sought for working with children and the elderly; and if he will make a statement on the matter. [9121/18]

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Written answers

Employment vetting is carried out by Garda National Vetting Bureau primarily in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016, the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 and other applicable law. The primary purpose of the employment vetting carried out by An Garda Síochána is to seek to ensure the safety of children and vulnerable adults.

In accordance with the requirements of these Acts, An Garda Síochána will establish whether there is any criminal record or specified information relating to the person who is the subject of the application for vetting and disclose the details of those convictions as appropriate.

In accordance with the provisions of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016, the disclosure of certain convictions is not required in certain circumstances and specific provision is made in respect of offences under the Road Traffic Acts by section 21 of the 2016 Act.

Garda Station Refurbishment

Questions (110)

Robert Troy

Question:

110. Deputy Robert Troy asked the Minister for Justice and Equality the status of plans for Ballymahon Garda station. [9134/18]

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Written answers

The Deputy will be aware that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has the responsibility for the provision and maintenance of Garda accommodation. As Minister, I have no direct role in these matters. 

However, I am informed by the Garda authorities that local Garda management is currently developing a brief of requirements for the station having regard to developments in the area such as the proposed Center Parcs. In addition, I understand that An Garda Síochána is also engaging with the OPW with a view to the provision of additional locker facilities in the station.

Any works that are required at the station will be considered by the Commissioner in the context of the funding available to meet overall Garda accommodation requirements in the State, including, in particular, the Garda Station Building and Refurbishment Programme 2016-2021.

Garda Station Refurbishment

Questions (111)

Robert Troy

Question:

111. Deputy Robert Troy asked the Minister for Justice and Equality if funding to improve working conditions in Castlepollard Garda station will be approved in view of the condition of the station. [9135/18]

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Written answers

The Deputy will appreciate that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has responsibility for the provision and maintenance of Garda accommodation.

This includes identifying and progressing any necessary remedial or refurbishment works required at individual stations. As Minister, I have no direct role in these matters.

However, I am informed by the Garda authorities that An Garda Síochána is liaising with OPW in relation to certain issues at the station.

Protected Disclosures

Questions (112, 113)

Clare Daly

Question:

112. Deputy Clare Daly asked the Minister for Justice and Equality the reason the internal audit unit of his Department did not investigate a protected disclosure (details supplied) but instead referred it back to the Irish Prison Service in contravention of the protected disclosures policy; and if he will make a statement on the matter. [9166/18]

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Clare Daly

Question:

113. Deputy Clare Daly asked the Minister for Justice and Equality if he is satisfied that he has fulfilled his obligations to address the concerns of a person (detail supplied); and if he will make a statement on the matter. [9167/18]

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Written answers

I propose to take Questions Nos. 112 and 113 together.

The case to which the Deputy refers was dealt with in accordance with the Prison Service Protected Disclosure policy in place, including an external review, on foot of which various actions were taken. 

Subsequent to this, the Officer in question took proceedings in the Workplace Relations Commission (WRC).  The Commission will make its determination on the matters raised in due course.  I am conscious of the proceedings currently taking place and that the WRC should be allowed the necessary time to make an independent determination on the matter.

Insofar as the correspondence of September 2017 is concerned, the Prison Service Protected Disclosures recipient (Head of the Department’s Internal Audit Unit) informed the Officer that it was open to him to have the matters raised in his correspondence considered alongside the concerns now before the Workplace Relations Commission.  The Protected Disclosures recipient sought and received permission from the Officer to communicate the concerns raised in the correspondence to the Director General of the Prison Service, noting in that correspondence the importance of ensuring that workers who make protected disclosures are not penalised in any manner. 

The Officer chose not to bring the issues raised in correspondence of September 2017 before the WRC.  Subsequently, and on the direction of the Protected Disclosures recipient, my Department has engaged an independent external legal firm to independently examine the complaints set out in the letter of September 2017. The Officer has been informed that this process is underway.

Parental Leave

Questions (114)

Róisín Shortall

Question:

114. Deputy Róisín Shortall asked the Minister for Justice and Equality if a person who takes parental leave in the form of one day per week is entitled to retain that pattern of work and leave (details supplied); and his plans to provide for such an entitlement. [9212/18]

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Written answers

As the Deputy will be aware, Parental Leave is provided for in the Parental Leave Act 1998, as amended by the Parental Leave (Amendment) Act 2006, and further regulated by the European Union (EU) Parental Leave Directive 2010/18/EU which was transposed into Irish Law on 8 March 2013.

Section 7 of the Parental Leave Act 1998 stipulates that Parental Leave may consist of a continuous period of weeks or, with the agreement of the employer, one or more days or hours, or a combination of same, on or during which, but for the leave, the employee would be working in the employment concerned.

The Act does not provide for an employee to continue with a daily or hourly pattern of parental leave once the agreement of the employer to the arrangement is withdrawn.

Garda Síochána Ombudsman Commission Staff

Questions (115)

Róisín Shortall

Question:

115. Deputy Róisín Shortall asked the Minister for Justice and Equality further to Parliamentary Question No. 132 of 18 January 2018, the reason for the delay in issuing a response; when the requested information will be supplied; and if he will make a statement on the matter. [9227/18]

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Written answers

I explained in my response to the Deputy on 18 January 2018 that it was not possible in the timeframe allowed to compile the information requested.

GSOC were asked for additional information to enable me to reply fully to the Deputy's question. Subsequently GSOC undertook to respond directly to the Deputy when the information was compiled.

I am advised that GSOC wrote to the Deputy on 9 February 2018 advising her that they would issue her directly with a detailed reply by 23 February 2018. GSOC explained to the Deputy that a significant amount of effort was required to examine their archives in order to retrieve relevant material.

However, I have now been informed by GSOC that they expect to be able to provide a detailed reply to the Deputy during the week commencing 26 February 2018.  As the Deputy will appreciate, the collection and compilation of records sought from 2005 is onerous and time consuming given that the request covers periods before GSOC became fully operational.

Garda Síochána Ombudsman Commission Staff

Questions (116)

Róisín Shortall

Question:

116. Deputy Róisín Shortall asked the Minister for Justice and Equality the details of the request, by GSOC for 12 additional staff, forwarded to the Department of Public Expenditure and Reform; the number of posts requested; and if it accurately reflects the number of posts sought by GSOC. [9228/18]

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Written answers

In November 2016 GSOC submitted a proposal to my Department for the creation of a designated unit to deal with protected disclosures. The proposal requested funding for a separate office within GSOC and for 12 new staff.  At that time, GSOC had 10 protected disclosures on hand. 

My Department liaised with the Department of Public Expenditure and Reform (DPER) in relation to the request. Staff from my Department met with the Department of Public Expenditure and Reform and provided them with a copy of the GSOC proposal. Subsequent to that meeting the Department of Public Expenditure and Reform sought specific information in relation to existing arrangements/staffing ratios, etc., which my Department requested from GSOC.  

While awaiting this information, my Department sought immediate sanction for 5 staff to get the new unit up and running. In May 2017, sanction was obtained from the Department of Public Expenditure and Reform for the initial approval of 5 staff. It was clearly communicated to GSOC that the provision of further staff could be considered in the context of the 2018 Budget by which time the impact of the establishment of the unit and the adequacy of the 5 staff could be assessed.  There was a clear commitment on the part of my Department at all times, that GSOC could re-engage on the issue as the situation developed and that the door was open to more resources being made available for the new unit based on further information being provided and experience of the operation of the new unit. 

Unfortunately, it has taken far longer than my Department envisaged at the time, for the 5 staff to be recruited and as of now, GSOC has not yet succeeded in recruiting all the staff sanctioned in May 2017. 

Finally, the Deputy may be interested to know that I met with the Chair of GSOC last September and discussed with her, among other things, the resourcing of GSOC.  I invited her to set out for me her best assessment of the overall resource requirements to provide the level of service that complainants, and all those interested in the effective and efficient investigation of complaints against members of An Garda Síochána, expect and deserve.  I am pleased to say that I have, this week, received a detailed business case for additional resources from GSOC and I will ensure that it is dealt with expeditiously.  It is in no-one's interest that there is any perception that GSOC cannot fulfil its statutory mandate for want of resources and I will continue to do everything in my power to ensure that GSOC has the resources it requires.

Alcohol Sales

Questions (117)

Catherine Murphy

Question:

117. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of full and part public alcohol licences issued to private members' clubs in the past three years; the establishments (details supplied) in receipt of a licence to sell alcohol; and if he will make a statement on the matter. [9231/18]

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Written answers

I understand the Deputy’s question to relate to private members clubs that operate on the basis of the Registration of Clubs Acts 1904 to 2008. Those Acts provide for the grant and renewal of a certification of registration by the courts for a bona fide club. The Registration of Clubs Acts permit the sale of intoxicating liquor to members of the club and also to members of the public in certain defined circumstances.

A register of clubs is kept by the Registrar of Clubs i.e. the District Court clerk of the court area in which the club premises is situated. The register contains details of the date of granting of the certificate of registration, whether the certificate was granted for the first time or on renewal, the address of the club, the names and addresses of the officials and the committee of management or governing body of the club and whether the club is tenant or the proprietor and occupier of the premises.

Any person is permitted to inspect this register and a copy of the club rules on payment of the relevant fee.

I am advised by the Courts Service that court statistics are not compiled in such a way as to provide details of the individual clubs which are certified. This information could only be obtained by the expenditure of a disproportionate amount of staff time. I have been advised that 453 club certificates were granted in 2015, 561 in 2016 and 462 in 2017.

Immigration Status

Questions (118)

Bernard Durkan

Question:

118. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a matter regarding the case of a person (details supplied) will be fully investigated with a view to updating stamp 4; and if he will make a statement on the matter. [9247/18]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to the request from the person concerned for an update on their status, a representative of the INIS will be writing to the person concerned in order to resolve this matter.

Responsibility for the registration process referred to is vested in the Garda National Immigration Bureau, and a Garda update on this matter and on this person’s registration will be sought.

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.

Residency Permits

Questions (119)

Bernard Durkan

Question:

119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration will be given on compassionate grounds to facilitate temporary residency in the case of a person (details supplied); and if he will make a statement on the matter. [9248/18]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that from the limited information provided by the Deputy it is not possible to identify either of the persons concerned and therefore it is not possible to adequately respond to this question.

It would appear that the persons concerned may never have had permission to remain in the State. If it is the case that the persons concerned have not engaged with the immigration service already then they should do so as soon as possible.

In this regard and to allow for a full examination of their individual circumstances, they should be advised to write directly to Unit 2, Residence Division, Irish Naturalisation and Immigration Service, 13-14 Burgh Quay, Dublin 2 supplying the following documentation in relation to themselves, and if applicable, in relation to any spouse or children that might be currently in the State.

1. Full copy of their passport/s

2. Copy of their GNIB card/s

3. Copy of marriage certificate (if applicable)

4. Brief outline of their history in the State to include when and where they entered the State as well as a brief outline of their current circumstances and

5. Their current address.

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 (120)

Bernard Durkan

Question:

120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which appropriate immigration stamp status may be offered to a person (details supplied); and if he will make a statement on the matter. [9249/18]

View answer

Written answers

I refer the Deputy to my previous response to Parliamentary Question No. 3891/18 on 25 January 2018, and thank him for providing some additional details as then requested. However, despite this, I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it is still not possible to identify the person concerned.

From the details provided, it would appear that the person in question may never have had permission to remain in the State. If it is the case that the person in question has not engaged with the immigration service already they should do so as soon as possible.

In this regard and to allow for a full examination of their circumstances, the person concerned should be advised to write directly to Unit 2, Residence Division, Irish Naturalisation and Immigration Service, 13-14 Burgh Quay, Dublin 2 supplying the following documentation in relation to themselves, and as applicable, in relation to any spouse or children that might be currently in the State.

1. Full copy of their passport/s

2. Copy of their GNIB card/s

3. Copy of marriage certificate (if applicable)

4. Brief outline of their history in the State to include when and where they entered the State as well as a brief outline of their current circumstances and

5. Their current address.

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.

Naturalisation Eligibility

Questions (121)

Bernard Durkan

Question:

121. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when, on the basis of stamps 3 and 4 to date, a person (details supplied) is likely to be eligible to apply for naturalisation; and if he will make a statement on the matter. [9250/18]

View answer

Written answers

I 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 persons 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.

Residency Permits

Questions (122)

Bernard Durkan

Question:

122. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if, following the provision of DNA evidence in the case of a person (details supplied), he or she is eligible to qualify for stamp 4 or long-term residency; and if he will make a statement on the matter. [9251/18]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned made an application for a right of residency accompanied by a right to work based on their parentage of an Irish citizen child and which was received in the Department on 3 October 2017.

On 3 November 2017 the person concerned was requested to provide DNA evidence to satisfy INIS as to the parentage of the Irish citizen child. The results of the DNA test have now been received and INIS will be in contact with the applicant in due course.

In order to make an application for Long Term Residency in the State the person concerned must have been legally resident in the State for a minimum of 5 years (i.e. 60 months) on work permit/work authorisation/working visa conditions.

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 (123)

Bernard Durkan

Question:

123. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the renewal of a stamp 4 can be facilitated in the case of a person (details supplied); and if he will make a statement on the matter. [9252/18]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application was received from the person concerned and acknowledged on 22 November 2017. INIS subsequently contacted this person on 20 February 2018 seeking documentary evidence supporting their application. The application will be considered further upon receipt of all the required documentation.

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.

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