Thursday, 5 Jul 2018

Written Answers Nos. 146-157

Garda Stations

Questions (146)

Joan Burton

Question:

146. Deputy Joan Burton asked the Minister for Justice and Equality if his attention has been drawn to the concerns of residents in Rathcoole, County Dublin, regarding the absence of a Garda service from Clondalkin Garda station when the Rathcoole Garda station is closed and the anxiety this is causing residents; the information he will provide to assure residents in Rathcoole that they will be provided with the necessary policing when the Rathcoole Garda station is closed; and if he will make a statement on the matter. [29883/18]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel and Garda station opening hours, among the various Garda divisions. As Minister, I have no direct role in the matter. I am informed, however, that 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 am informed by the Garda authorities that Rathcoole Garda Station forms part of the Clondalkin District in the Dublin Metropolitan Region (DMR) West Division. Rathcoole Garda Station is open daily from 10:00am to 1:00pm and 2:00pm to 6:00pm subject to available manpower. While the position is kept under review by the Garda authorities, I understand that there are currently no plans to increase the opening hours of the station.

I am informed by the Garda authorities that on 31 May 2018, the latest date for which figures are readily available, the strength of the DMR West Division was 671. The strength of the Clondalkin District was 192, of whom 96 and 14 were assigned to Clondalkin and Rathcoole Garda Stations respectively. There are also 26 Garda Reserves and 55 civilians attached to the Division. Where appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau. In that regard, I understand from the Garda authorities that supporting resources are available to personnel detailed for duty in Rathcoole, as is the case for all other subdistricts, from within the Division.

I am further informed by the Garda authorities that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division.

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 to deter crime. To achieve this the Government has put in place a plan for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. We are making real, tangible progress on achieving this goal.

This focus on investment in personnel is critical. We are now rebuilding the organisation and providing the Commissioner with the resources needed to deploy increasing numbers of Gardaí. Undoubtedly, the ongoing recruitment process will support all Garda activities and enhance visibility within our communities and will enable the Commissioner to provide additional resources across every Garda Division, including the DMR West Division, as new Garda recruits continue to come on stream.

Leave to Remain

Questions (147)

Bernard Durkan

Question:

147. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a review of eligibility for leave to remain and extended residency can be undertaken in the case of a person (details supplied); and if he will make a statement on the matter. [29974/18]

Written answers

Minister for Justice and Equality

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied on 30/5/2006 for a residence card as a family member of an EU citizen under the provisions of the European Communities (Free Movement of Persons) Regulations 2006 and Directive 2004/38/EC of the European Parliament and of the Council.

They stated at that time that they were the spouse of a citizen of the Netherlands who was exercising their EU Treaty Rights in the State. This application was approved on 04/11/2008, and the person concerned was provided with permission to remain in the State on a Stamp 4EUFam basis for a period of five years.

On 18/10/2011, the person concerned made an application for a Permanent Residence Card as a family member of an EU citizen under the same Regulations. They were advised on 11/04/2012 that their application had been refused. This was because they had failed to provide satisfactory evidence of residence in the State for a continuous period of five years or satisfactory evidence that the EU citizen was exercising their EU Treaty Rights in the State.

The person concerned requested a review of that decision on 17/04/2012, and they were advised on 17/07/2012 that their review had been successful. The person concerned was provided on that date with a Permanent Residence Card, which afforded them permission to remain in the State on a Stamp 4EUFam basis for a period of ten years.

The person concerned currently has permission to remain in the State on a Stamp 4EUFam basis until 17/07/2022. If their passport was due to expire before that date, then their passport would have been stamped until the date of their passport’s expiry. As they have been advised, they and the EU citizen should return to their local immigration office to have the remainder of the ten-year period endorsed in their passport when they are issued with a new or renewed passport.

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 the INIS is, in the Deputy’s view, inadequate or too long awaited.

Asylum Applications

Questions (148)

Bernard Durkan

Question:

148. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 230 of 9 June 2018, if a person (details supplied) can be readmitted to the asylum process; and if he will make a statement on the matter. [29977/18]

Written answers

Minister for Justice and Equality

I am advised by the Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation order made on 11 March 2005 and therefore has no entitlement to residency in the State.

As previously advised, representations were received on behalf of the person concerned 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 meantime, the Deportation Order remains valid and in place.

The person concerned was required to present at the Offices of the Garda National Immigration Bureau on 19 May 2005, to make arrangements for his deportation from the State. The person concerned failed to present on that occasion and is therefore recorded as a person who is evading deportation.

I can inform the Deputy that a person who wishes to make a subsequent application forinternational protection can do so in writing under section 22 of the International Protection Act 2015 and the application will be considered by the International Protection Office in line with the criteria in that section.

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.

Family Reunification Applications

Questions (149)

Bernard Durkan

Question:

149. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if provision can be made for family reunification in the case of a person (details supplied); and if he will make a statement on the matter. [29978/18]

Written answers

Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) that no current application for family reunification has been submitted to the Family Reunification section by the person referred to by the Deputy.

Only a person who has a refugee declaration or a subsidiary protection declaration currently in force may apply for family reunification under Section 56 (1) of the International Protection Act 2015. This application should be made within 12 months of the giving under Section 47 of the refugee declaration or a subsidiary protection declaration, to the sponsor concerned and may only be made in respect of the family members referred to in Section56 (9) of the International protection Act.

A person who is an Irish Citizen is not eligible to submit an application for Family Reunification under the International Protection Act 2015. They may, however, be eligible to submit an application under the Non EEA Policy Document on Family Reunification.

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.

Travel Documents

Questions (150)

Bernard Durkan

Question:

150. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if travel documents can be issued in the case of a person (details supplied); and if he will make a statement on the matter. [29979/18]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a person who has been granted leave to remain in the State, and who does not possess or cannot obtain a national passport, may submit an application for a travel document, which will be examined on its merits. Unlike a refugee, a person with leave to remain does not have an entitlement to be issued with a travel document, and such a document would be issued solely on a discretionary basis. Applications are examined on a case by case basis.

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.

Family Reunification Applications

Questions (151)

Bernard Durkan

Question:

151. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if sympathetic consideration will be given to a family reunification application in the case of a person (details supplied); if a decision can be made on humanitarian grounds in view of the urgency of the person's situation; and if he will make a statement on the matter. [29982/18]

Written answers

Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy does not currently have an application for Family Reunification with the Family Reunification Section.

The person referred to by the Deputy had, on the 20 January 2015, submitted an application in respect an adult child to the Family Reunification section. The person referred to by the Deputy was advised that this application had been refused in a letter dated 6 November 2015.

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 (152)

Bernard Durkan

Question:

152. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when stamp 4 will issue in the case of a person (details supplied); and if he will make a statement on the matter. [29983/18]

Written answers

Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that representations were received from the persons' legal representative asking that his Deportation Order be revoked, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). This application is under consideration at present. When a decision has been made on that application, that decision, and the consequences of that decision, will be conveyed in writing to the person concerned.

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 (153)

Bernard Durkan

Question:

153. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if naturalisation or extended residency will be offered in the case of a person (details supplied); and if he will make a statement on the matter. [29985/18]

Written answers

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, who currently has permission to reside in the State until 19 October 2018, is on-going. On completion of the necessary processing the application will be submitted to me for decision as expeditiously as possible.

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

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most straightforward cases are now 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.

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.

Asylum Applications

Questions (154)

Bernard Durkan

Question:

154. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 91 of 24 May 2018, if the circumstances in the case a person (details supplied) will be reviewed; and if he will make a statement on the matter. [29986/18]

Written answers

Minister for Justice and Equality

As the Deputy is aware, if an application for asylum or subsidiary protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant or their legal representative should contact the International Protection Office directly either by email to [e-mail], by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.

Following the commencement of the International Protection Act 2015 on 31 December 2016, new arrangements for the investigation and determination of applications for international protection (refugee status and subsidiary protection) and cases involving permission to remain in the State have been introduced. Such applications are now processed, as part of a single application procedure, by a the International Protection Office (IPO) which has replaced the Office of the Refugee Applications Commissioner (ORAC) from that date. The staff of that Office (the Chief International Protection Officer and International Protection Officers) are independent in the performance of their protection functions.

For your information, on 27 February 2017, the Chief International Protection Officer, following consultation with the United Nations High Commissioner for Refugees (UNHCR), published a statement on the Prioritisation of Applications under the International Protection Act 2015 which is available on the website of the International Protection Office (www.ipo.gov.ie).

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 (155)

Bernard Durkan

Question:

155. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a review will be undertaken of the decision in respect of residency in the case of a person (details supplied); and if he will make a statement on the matter. [29987/18]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy was granted a permission on student conditions in the State on 22 April 2008 until 30 June 2012. INIS informs me that, to date, no further application has been received from the person concerned.

It appears that this person has been unlawfully in the State since June 2012. A non-national may not be in the State other than within the terms of any permission given to the person concerned by the Minister for Justice and Equality. In addition to this, it is illegal for them, under the Immigration Act 2004, to remain in the State without the permission of the Minister. A person found guilty of such an offence is liable, under Section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. It appears that the person concerned has failed to meet the requirements of Section 9 of the Immigration Act 2004, which sets out the obligations of non-nationals in respect of registration.

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.

Family Reunification Applications

Questions (156)

Bernard Durkan

Question:

156. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an application for family reunification will be favourably considered in the case of a person (details supplied); and if he will make a statement on the matter. [29988/18]

Written answers

Minister for Justice and Equality

As the Deputy is aware, if an application for asylum or subsidiary protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant or their legal representative should contact the International Protection Office directly either by email to [e-mail], by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.

Following the commencement of the International Protection Act 2015 on 31 December 2016, new arrangements for the investigation and determination of applications for international protection (refugee status and subsidiary protection) and cases involving permission to remain in the State have been introduced. Such applications are now processed, as part of a single application procedure, by a the International Protection Office (IPO) which has replaced the Office of the Refugee Applications Commissioner (ORAC) from that date. The staff of that Office (the Chief International Protection Officer and International Protection Officers) are independent in the performance of their protection functions.

For your information, on 27 February 2017, the Chief International Protection Officer, following consultation with the United Nations High Commissioner for Refugees (UNHCR), published a statement on the Prioritisation of Applications under the International Protection Act 2015 which is available on the website of the International Protection Office (www.ipo.gov.ie).

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 Resources

Questions (157)

Bernard Durkan

Question:

157. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which An Garda Síochána can be upgraded in terms of technology and modern policing methods in line with best practice internationally in order to deter the activities of organised crime and criminal gangs; and if he will make a statement on the matter. [29992/18]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, decisions in relation to the allocation and management of Garda equipment and resources, including ICT, are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.

I can assure the Deputy that tackling organised crime activity is a key ongoing priority for both the Government and An Garda Síochána.

I am informed by the Garda authorities that ICT is recognised as an essential tool for supporting the day-to-day operations of over 16,000 Garda members, Garda reserves and civilian staff. On an annual basis, approximately 13.5 million vehicle registrations are read by the Automated Number Plate Recognition System, 1.9 million records are exchanged electronically with the Court Services, 9.3 million PULSE searches are conducted, 19.5 million TETRA digital radio calls are made and 118,000 fingerprints are searched. The TETRA Radio system provides a modern digital encrypted radio system to all operational members of An Garda Síochána allowing them to communicate securely.

The Deputy will be aware that the Programme for a Partnership Government recognises that Gardaí must have the modern technology and resources necessary to detect and investigate crimes, and to prevent loss and harm to citizens and their property on a 24/7 basis.

Accordingly, the Garda Modernisation and Renewal Programme 2016 - 2021 sets out a series of initiatives which will enable An Garda Síochána to deploy the latest cutting-edge technologies in the fight against crime. In support of this plan, some €342 million, including €217 million under the Capital Plan, is being invested in Garda ICT infrastructure between 2016 and 2021.

In this context, a broad range of ICT projects are being delivered to support existing systems and develop them further, with the overall goal of supporting the ongoing business requirements of An Garda Síochána in all fields, including the fight against organised crime activity.

An Garda Síochána's Policing Plan sets out the organisation's priorities in tackling organised crime activity, together with its continued commitment to pro-actively target groups and individuals engaged in criminal activity, including organised criminal activities.

In tackling such activity, An Garda Síochána continues to develop and implement operations and strategies aimed at targeting, dismantling and disrupting criminal networks, utilising advanced analytical and intelligence methodologies. Multi-disciplinary approaches are also employed to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted, including through the use of the Proceeds of Crime legislation, money-laundering legislation, the provisions of the Criminal Justice (Amendment) Act 2009 relating to organised crime and the powers of the Criminal Assets Bureau.

At the international level, An Garda Síochána utilises the available international mechanisms for police cooperation and training including CEPOL, Interpol, and Europol. Garda Liaison Officers are based on a full-time basis in other EU Member States, including the Netherlands, France, United Kingdom, Spain and Portugal. Garda Liaison Officers are also based at Europol.

Additionally, An Garda Síochána continue to participate in joint and multi-disciplinary and multi-jurisdictional investigations within the European Union and world-wide. Successful investigations, prosecutions and disruptions of criminal activities have been and continue to be achieved through these parallel investigations.

While we should not underestimate the difficulties which the Garda authorities face in tackling organised crime activity, we continue to see the significant results of their efforts in the arrests made and persons being brought before the Courts, as well as the ongoing drugs and firearms seizures made.