Friday, 7 Sep 2018

Written Answers Nos. 405-424

Garda Stations

Questions (405)

Imelda Munster

Question:

405. Deputy Imelda Munster asked the Minister for Justice and Equality the number of Garda stations open in the Louth Garda division in each year since 2009; and the name of each. [35440/18]

Written answers

Minister for Justice and Equality

The Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána, including responsibility for the formulation of proposals in relation to the opening and closing of Garda stations, taking into account crime trends and policing priorities, to ensure that the best possible use is made of these resources.  Further, 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, which has responsibility for the provision and maintenance of Garda accommodation.  As Minister, I have no direct role in these matters.

I am informed by the Garda authorities that the Garda estate currently includes 565 Garda Stations, following the official opening of the new Western Region Headquarters, Galway in July 2018.

I am informed by the Garda authorities that Louth Garda Division currently comprises 13 Garda stations as follows: Ardee, Blackrock, Carlingford, Castlebellingham, Clogherhead, Collon, Drogheda, Dromad, Dundalk, Dunleer, Hackballscross, Louth and Omeath.

I am informed by the Garda authorities that the Garda District and Station Rationalisation Programme developed and implemented in 2012 and 2013 resulted in the closure of some 139 Garda stations nationwide, however, I understand there were no closures in the Louth Division under the programme.

Garda Information and Communications Technology

Questions (406, 407)

Imelda Munster

Question:

406. Deputy Imelda Munster asked the Minister for Justice and Equality the number of Garda stations in the Louth Garda division that had access to broadband in each year since 2009. [35441/18]

Imelda Munster

Question:

407. Deputy Imelda Munster asked the Minister for Justice and Equality the number of Garda stations in the Louth Garda division that had access to high-speed broadband in each year since 2009. [35442/18]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 406 and 407 together.

As the Deputy will appreciate, the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána. Further, decisions in relation to the provision and allocation of Garda equipment and resources, including ICT resources and the networking of Garda stations, are matters for the Garda Commissioner in light of availability of resources and his identified operational demands.  As Minister, I have no direct role in these matters.

I am informed by the Garda authorities that broadband networks and services are used to connect stations to the Garda network for official purposes. All of the connections to the Garda stations are managed in Telecommunications Division to ensure the speed of the network connection meets the requirements of the particular location.

I am further informed by the Garda authorities that there are 13 Garda Stations in the Louth Division. I understand that to provide details by year would be a voluminous task and would require a manual check of billing for a ten year period.

However, the Garda authorities have confirmed that 9 stations were connected to the Garda network in the Louth Division as of 2014. 4 additional stations in the Division have been connected to the Garda network since that time.  As such, the Garda authorities have confirmed that all 13 stations in the Louth Division are now connected to the Garda network.

Garda Stations

Questions (408)

Imelda Munster

Question:

408. Deputy Imelda Munster asked the Minister for Justice and Equality the number of Garda stations open in the Meath Garda division in each year since 2009; and the name of each. [35443/18]

Written answers

Minister for Justice and Equality

The Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána, including responsibility for the formulation of proposals in relation to the opening and closing of Garda stations, taking into account crime trends and policing priorities, to ensure that the best possible use is made of these resources.  Further, 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, which has responsibility for the provision and maintenance of Garda accommodation.  As Minister, I have no direct role in these matters.

I am informed by the Garda authorities that the Garda estate currently includes 565 Garda Stations, following the official opening of the new Western Region Headquarters, Galway in July 2018.

I am further informed by the Garda authorities that the Meath Division currently comprises 16 Garda stations as follows: Ashbourne, Athboy, Ballivor, Duleek, Dunboyne, Dunshaughlin, Enfield, Kells, Laytown, Longwood, Navan, Nobber, Oldcastle, Slane, Summerhill and Trim.

I am informed by the Garda authorities that the Garda District and Station Rationalisation Programme developed and implemented in 2012 and 2013 resulted in the closure of some 139 Garda stations nationwide.

I understand that 2 Garda stations in Meath Division were closed as part of that rationalisation programme, as follows: Crossakiel and Kilmessan (closed in 2013).

I am informed by the Garda authorities that the closures implemented nationally under the rationalisation programme allowed front line Garda to be managed and deployed with greater mobility, greater flexibility and in a more focused fashion, particularly with regard to targeted police operations.

Garda Information and Communications Technology

Questions (409, 410)

Imelda Munster

Question:

409. Deputy Imelda Munster asked the Minister for Justice and Equality the number of Garda stations in the Meath Garda division that had access to broadband in each year since 2009. [35444/18]

Imelda Munster

Question:

410. Deputy Imelda Munster asked the Minister for Justice and Equality the number of Garda stations in the Meath Garda division that had access to high-speed broadband in each year since 2009. [35445/18]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 409 and 410 together.

As the Deputy will appreciate, the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána. Further, decisions in relation to the provision and allocation of Garda equipment and resources, including ICT resources and the networking of Garda stations, are matters for the Garda Commissioner in light of availability of resources and his identified operational demands.  As Minister, I have no direct role in these matters.

I am informed by the Garda authorities that broadband networks and services are used to connect stations to the Garda network for official purposes. All of the connections to the Garda stations are managed in Telecommunications Division to ensure the speed of the network connection meets the requirements of the particular location.

I am informed by the Garda authorities that there are 16 Garda Stations in the Meath Division. I understand that to provide details of connection by year would be a voluminous task and would require a manual check of billing for a ten year period. 

However the Garda authorities have confirmed that 14 stations were connected to the Garda network in the Meath Division as of 2014.  2 additional stations in the Division have been connected to the Garda network since that time.   As such, the Garda authorities have confirmed that all 16 stations in the Meath Division are now connected to the Garda network. 

Garda Resources

Questions (411)

Niamh Smyth

Question:

411. Deputy Niamh Smyth asked the Minister for Justice and Equality the status of the capital investment being made in Garda resources in counties Cavan, Monaghan and Meath; and if he will make a statement on the matter. [35463/18]

Written answers

Minister for Justice and Equality

The Deputy will be aware that there has been very significant investment in Garda resources across the State in recent years and €1.65 billion has been allocated to the Garda Vote for 2018.

For example, €342 million is being invested in Garda ICT infrastructure between 2016 and 2021 in support of the Modernisation and Renewal Programme, to enable An Garda Síochána to work more effectively and deploy the latest technologies in the fight against crime.

€46 million has been provided for investment in the Garda fleet under the 2016 – 2021 capital plan, in addition to the investment of almost €30 million in the period 2013 to 2015 to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and can be mobile, visible and responsive on the roads and in the community.

A further €60 million exchequer funding underpins the Garda Building and Refurbishment Programme, which is a 5-year programme based on agreed Garda priorities benefitting over 30 locations around the country. This is additional to the investment of approximately €100 million in development of 3 major new Divisional and Regional Headquarters recently completed and entered into operational use at Galway, Wexford and Kevin Street Dublin.

The Deputy will further appreciate that it is the Commissioner who is responsible for managing and controlling generally the administration and business of An Garda Síochána, including the efficient and effective use of these resources.  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). Decisions in relation to the provision and allocation of Garda vehicles are a matter for the Commissioner in the light of his identified operational demands and the availability of resources.

As Minister, I have no direct role in these matters. However I have been informed by the Garda authorities that Garda management keeps the distribution of resources (including allocation of Garda vehicles) under continual review so as to ensure their optimum use.

In respect of the Cavan / Monaghan Division, I am informed by the Garda authorities that under the Garda Building and Refurbishment Programme 2016-2021, a new Garda station will be constructed in Bailieborough, County Cavan. I am informed that the planning application for the development of the new Station was lodged in August 2018. Until planning, the required public procurement process and contract award are completed, it is not possible to give a definitive date for completion of the construction of the new station.

In advance of that new development, essential remediation works at the existing station at Bailieborough were also completed in 2016. The works involved enhancements to the public office and safety improvements throughout the building.

In addition, the Deputy will be aware that the Programme for a Partnership Government commits to a pilot scheme to reopen 6 Garda stations to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order. The Commissioner's final report in that regard recommends that Bawnboy Garda Station in County Cavan be included in the pilot.  The OPW and Commissioner are engaging in relation to the works required in that regard.

I am advised by the Garda authorities that the strength of the Garda fleet in the Cavan/Monaghan Division as at 31 July 2018 is 58 vehicles. 

I understand that provision has been made to purchase an additional 25 vehicles for the Northern Region in 2018, of which 4 have been allocated to the Cavan/Monaghan Division as at 31 July 2018. The exact allocation of these vehicles will be determined by Assistant Commissioner for the Northern Region in accordance with operational policing priorities following delivery of these vehicles.

With regard to the Meath Division, provision is made under the Garda Building and Refurbishment Programme 2016-2021 for works at Navan Garda Station, namely the demolition of the existing cell block and the construction of a new cell block and overhead office accommodation. I am advised that An Garda Síochána is actively engaged with the OPW to progress this project.

I am further advised that the strength of the Garda fleet in the Meath Division as at 31 July 2018 is 55 vehicles.

I understand that provision has been made to purchase an additional 23 vehicles for the Eastern Region in 2018, of which 2 have been allocated to the Meath Division as at 31 July 2018. The exact allocation of these vehicles will be determined by Assistant Commissioner for the Eastern Region in accordance with operational policing priorities following delivery of these vehicles.

Separate to the above details specific to the Cavan / Monaghan and Meath Divisions, I am informed that An Garda Síochána seeks to address minor maintenance issues, including refurbishment, as they arise, liaising closely with the OPW in that regard. The progression of any works is subject to funding available and the competing accommodation priorities within An Garda Síochána.

Finally and apart from capital investment, I am informed by the Commissioner 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. Furthermore when allocations are taking place, comprehensive consultation is carried out with local management. Where a deficiency in resources is identified the matter is considered fully and addressed accordingly.

Departmental Staff Recruitment

Questions (412)

Jim O'Callaghan

Question:

412. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the process by which the Secretary General was appointed to his Department; if the position was advertised; and if he will make a statement on the matter. [35465/18]

Written answers

Minister for Justice and Equality

Mr Aidan O'Driscoll was appointed Secretary General of the Department of Justice and Equality by Government Decision on 10 July 2018, having held the position of Secretary General in the Department of Agriculture, Food and Marine since 2015.   This followed a consultation process to identify a serving Secretary General with the necessary experience and expertise to lead the challenging transformation process in the Department as set out in the first report of the Effectiveness and Renewal Group. 

Mr. O'Driscoll brings a wealth of experience to his new role and I look forward to working with him in delivering on the important mandate of the Department of Justice and Equality.

Garda Stations

Questions (413)

Pat Buckley

Question:

413. Deputy Pat Buckley asked the Minister for Justice and Equality the number of Garda stations open in the Cork north and west Garda divisions in each year since 2009; and the name of each. [35473/18]

Written answers

Minister for Justice and Equality

The Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána, including responsibility for the formulation of proposals in relation to the opening and closing of Garda stations, taking into account crime trends and policing priorities, to ensure that the best possible use is made of these resources.  Further, 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, which has responsibility for the provision and maintenance of Garda accommodation.  As Minister, I have no direct role in these matters.

I am informed by the Garda authorities that the Garda estate currently includes 565 Garda Stations, following the official opening of the new Western Region Headquarters, Galway in July 2018.

I am informed by the Garda authorities that the Garda District and Station Rationalisation Programme of 2012 and 2013 resulted in the closure of some 139 Garda stations. 

I am informed by the Garda authorities that Cork North Garda Division currently comprises 25 Garda stations as follows:  Ballycotton, Ballynoe, Buttevant, Carrigtwohill, Castletownroche, Charleville, Cloyne, Cobh, Doneraile, Fermoy, Glantaine (Glantane), Kanturk, Kildorrery, Killeagh, Kilworth, Liscarroll, Mallow, Midleton, Milford, Mitchelstown, Newmarket, Rathcormac, Watergrasshill, Whitegate and Youghal.

I understand that one Garda station was closed in Cork North Division as part of the Rationalisation Programme, namely Glenville Garda Station in 2013.

I am further informed by the Garda authorities that Cork West Garda Division currently comprises 32 stations as follows: Ballingeary, Ballinhassig, Ballinneen, Ballydehob, Ballydesmond, Ballyvourney, Baltimore, Bandon, Bantry, Boherbue, Castletownbere, Clonakilty, Coachford, Crookstown, Drimoleague, Drinagh, Dunmanay, Durrus, Glengarriff, Innishannon, Kealkil, Kilbrittain, Kinsale, Macroom, Mill Street, Rathmore, Rathmore, Schull, Skibbereen, Stuake/Donoughmore, Tarleton and Timoleague.

I understand that nine Garda stations were closed in Cork West Division as part of the Rationalisation Programme.  In 2012, Ballyfeard, Ballygurteen, Castletownsend, Goleen, Inchigeela and Knocknagree.  In 2013, Adrigole, Ballinspittle and Meelin were closed.

I am informed by the Garda authorities that the closures implemented nationally under the rationalisation programme have allowed front line Garda to be managed and deployed with greater mobility, greater flexibility and in a more focused fashion, particularly with regard to targeted police operations.

Garda Information and Communications Technology

Questions (414, 415)

Pat Buckley

Question:

414. Deputy Pat Buckley asked the Minister for Justice and Equality the number of Garda stations in the Cork north and west Garda divisions that had access to broadband in each year since 2009. [35474/18]

Pat Buckley

Question:

415. Deputy Pat Buckley asked the Minister for Justice and Equality the number of Garda stations in the Cork north and west Garda divisions that had access to high-speed broadband in each year since 2009. [35475/18]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 414 and 415 together.

As the Deputy will appreciate, the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána. Further, decisions in relation to the provision and allocation of Garda equipment and resources, including ICT resources and the networking of Garda stations, are matters for the Garda Commissioner in light of availability of resources and his identified operational demands.  As Minister, I have no direct role in these matters.

I am informed by the Garda authorities that broadband networks and services are used to connect stations to the Garda network for official purposes. All of the connections to the Garda stations are managed in Telecommunications Division to ensure the speed of the network connection meets the requirements of the particular location.

I am further informed by the Garda authorities that there are 25 Garda stations in the Cork North Division and 32 in the Cork West Division. I understand that to provide details by year would be a voluminous task and would require a manual check of billing for a ten year period.

However, the Garda authorities have confirmed that as of 2014 in the Cork North Division there were 11 Garda stations connected to the Garda network. Since that time, a further 8 stations have been connected to the Garda network. This leaves 6 Garda stations in this Division which are currently not networked.

In the Cork West Division, the Garda authorities have confirmed that as of 2014 there were 11 Garda stations connected to the Garda network. Since that time a further 14 stations have been connected to the Garda network, leaving 7 Garda stations in this division which are currently not networked.

I am informed by An Garda Síochána that any member attached to a currently unconnected station can access PULSE at their local district station.  Members in non-networked locations can also contact the Garda Information Services Centre (GISC) or an associated networked station if required.

I have further been advised by the Garda authorities that options for providing members attached to the remaining stations not yet networked with local access to Garda ICT services are actively being explored. This includes an assessment of the availability or otherwise of local broadband services and/or the provision of mobile technology.

Probate Data

Questions (416)

Bernard Durkan

Question:

416. Deputy Bernard J. Durkan asked the Minister for Justice and Equality his views on whether the legislation affecting probate law needs to be reviewed, strengthened or otherwise reformed in view of the experience of a person (details supplied); and if he will make a statement on the matter. [35492/18]

Written answers

Minister for Justice and Equality

The Deputy will appreciate that it would not be appropriate for me to comment on any specific probate cases.  The Probate Office is part of the Courts Service and it deals with non-contentious probate matters. It's functions are to:

- admit wills to proof;

- issue grants of probate and grants of administration;

- preserves probate records for inspection;

- provides certified copies of probate documents; and

- processes court applications to the judge assigned to deal with probate matters.

The Courts Service recently undertook a broad review of the operation of the Probate Office and District Probate Registries. The review involved a wide consultation exercise, including consulting with legal practitioners and customers. The results of the review, which have been endorsed by the Board of the Courts Service, contain a number of recommendations for more effective and efficient delivery of the probate service.

The recommendations include the development of a new ICT platform for the Probate Office and District Probate Registries which will enable online filing of applications for grants of probate and grants of administration.  I am informed that a Project Board to oversee the design and implementation of the new platform will be established in the near future.

The Review has also recommended that certain functions should be transferred from the Probate Office to the District Probate Registries and draft Rules of Court are in preparation with a view to giving effect to this recommendation. The intention is to free up resources in the Probate Office in Dublin in order to process more grants of probate and administration. 

I should add that additional resources have been allocated to the Probate Office in recent months and this has led to a significant reduction in processing times for applications for grants of representation.  At present, the processing time for a solicitor's application is approximately 5 to 6 weeks, while in the case of personal applications the waiting time is 10 to 15 weeks.

Garda Information and Communications Technology

Questions (417)

James Browne

Question:

417. Deputy James Browne asked the Minister for Justice and Equality the number of Garda stations in County Wexford that have no internet access; the locations of same; the proposed timeline to address this dearth of access; and if he will make a statement on the matter. [35497/18]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate decisions in relation to the provision and allocation of Garda resources including ICT resources are a matter for the Garda Commissioner in light of his identified operational demands and the availability of resources and I, as Minister, have no direct role in the matter.

I have asked the Garda Commissioner for the specific information requested and I will write to the Deputy directly when I receive it.

The following deferred reply was received under Standing Order 42A

I refer to Parliamentary Question No. 417 for answer on 7 September 2018, in which the Deputy requested details regarding Garda stations in County Wexford that have no internet access.

As the Deputy will recall, the information he requested could not be obtained in the time available, and I undertook to contact him again when the information was to hand.

The Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána. Further, decisions in relation to the provision and allocation of Garda equipment and resources, including ICT resources and the networking of Garda stations, are matters for the Garda Commissioner in light of availability of resources and his identified operational demands. As Minister, I have no direct role in the matter.

I am informed by the Garda authorities that broadband networks and services are used to connect stations to the Garda network for official purposes. All of the connections to the Garda stations are managed in Telecommunications Division to ensure the speed of the network connection meets the requirements of the particular location.

I am further informed by the Garda authorities that as of 20 November 2018, 18 of the 21 Garda stations in the Wexford Division are currently connected to the Garda network.

For security and operational reasons the locations of the non-networked stations cannot be disclosed.

I am informed by the Garda Síochána that any member attached to a currently unconnected station can access PULSE at their local district station. Members in non-networked locations can also contact the Garda Information Services Center (GISC) or an associated networked station if required.

I have been further advised by the Garda authorities that options for providing members attached to these remaining stations not yet networked with local access to Garda ICT services are actively being explored. This includes an assessment of the availability or otherwise of local broadband services and/or the provision of mobile technology.

I hope this information is of assistance.

Garda Data

Questions (418)

Michael Fitzmaurice

Question:

418. Deputy Michael Fitzmaurice asked the Minister for Justice and Equality further to Parliamentary Question No. 260 of 19 June 2018, when a reply will issue; and if he will make a statement on the matter. [35506/18]

Written answers

Minister for Justice and Equality

As outlined in my response to Parliamentary Question No. 260 of 19 June, I have requested the information from the Garda authorities in relation to this matter and I will contact the Deputy as soon as the information is to hand.

Immigration Status

Questions (419)

Bernard Durkan

Question:

419. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if all requested documentation in respect of an application by a person (details supplied) has now been received; if further documentation is outstanding; and if he will make a statement on the matter. [35508/18]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it wrote to the legal representative of the person concerned on 31 August 2018 in relation to an application for permission to remain in this State.  I am further informed that it is open to the person concerned to provide the information and documentary evidence referred to by INIS.   The application will be given detailed consideration by INIS upon receipt of the relevant response from the individual 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 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 was of the 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.

Immigration Status

Questions (420)

Bernard Durkan

Question:

420. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied); and if he will make a statement on the matter. [35523/18]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it wrote to the person concerned on 3 September 2018 in relation to an application for a change in the conditions of their permission to remain in this State.  I am further informed that it is open to the person concerned to provide the information and documentary evidence referred to by INIS.  The request will be given detailed consideration by INIS upon receipt of the relevant response from the individual 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 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 was of the 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.

Immigration Status

Questions (421)

Bernard Durkan

Question:

421. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied); and if he will make a statement on the matter. [35524/18]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is a non-visa required national who entered the State in September 2016 and appears to have remained without permission since then. 

I am further informed that INIS has no record of an application for residency in the State arising from marriage to an Irish citizen in respect of the person concerned.  However, I am advised that it is open to the person concerned to make a written application to the Spouse of Irish National Unit, INIS, P.O. Box 12695, Dublin 2, seeking residency in the State arising from his marriage to an Irish national. Details on the information and documentation required to be provided in support of an application may be found at www.inis.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 (422)

Bernard Durkan

Question:

422. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied); and if he will make a statement on the matter. [35525/18]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it would appear the person's presence in the State may be unlawful as their most recent permission to remain in the State expired in December, 2011.

The Deputy will appreciate that, under the relevant provisions of the Immigration Act, 2004, a non-national may not be in the State other than within the terms of a permission from the Minister for Justice and Equality.  In order to allow for a full examination of the person's circumstances, the person concerned should write to Unit 2, Domestic Residence and Permissions Division, INIS, 13/14 Burgh Quay, Dublin 2 and provide a detailed account and documentary evidence  of their personal circumstances since the expiration of their permission to reside in this State. 

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 (423)

Bernard Durkan

Question:

423. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an extended stamp 1 or 4 or right to work will be facilitated in the case of a person (details supplied); and if he will make a statement on the matter. [35528/18]

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 12 October 2010 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 Portugal who was exercising EU Treaty Rights in the State.  This application was refused on 19 April 2011.

On 10 May 2011 the person concerned sought a review of the decision to refuse their application. They were informed on 16 August 2011 that their review had been successful. The applicant was provided at that time with permission to remain in the State on a Stamp 4EUFam basis for a period of five years – from 16 August 2011 to 16 August 2016.

The person concerned applied on 06 September 2016 to retain their permission to reside in the State. However, they were advised on 15 July 2017 that their application had been refused. They were informed at that time that the right of a third country national family member to accompany or join an EU citizen in a host Member State is a derived right dependent on the EU citizen residing in the State in exercise of their EU Treaty Rights in accordance with the provisions of the Regulations and the Directive.

INIS was satisfied, based on the information available, that the EU citizen had departed the State in 2013 and, as such, had ceased to exercise EU Treaty rights in the State in accordance with the provisions of the Regulations and Directive at that time.  As the Union citizen had not been exercising EU Treaty Rights in the State in accordance with the provisions of Regulation 6(3)(a) of the Regulations since 2013, the applicant’s derived right of residence under Regulation 6(3)(b) of the Regulations ceased from that time also. Against this background, the application to retain a residence card was refused.

The person concerned requested a review of that decision on 13 November 2017, this is currently being processed. INIS will correspond with the person concerned should further documentation, information, or clarification be required.  Applications are dealt with in strict chronological order, and a decision will issue to the person concerned in due course.  Although it is not possible at the present time to provide a definitive date by which a decision will be reached in this case, there will be no avoidable delay in completing same. 

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

Residency Permits

Questions (424)

Bernard Durkan

Question:

424. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for residency in the case of a person (details supplied); and if he will make a statement on the matter. [35529/18]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned made an application for a right to residency accompanied by a right to work based on their parentage of an Irish citizen child on 23 May 2017.

I am further advised that INIS wrote to the person concerned on 26 March 2018 seeking further information and clarification. To date, INIS has no record of a response from 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.