Written Answers Nos. 518-542
518. Deputy James Lawless asked the Minister for Justice and Equality the reason the terms of the contract for the Garda footwear tender have changed from an open procedure to a single framework agreement. [35284/19]
View answer519. Deputy James Lawless asked the Minister for Justice and Equality the reason no suitable tender was selected for the Garda footwear tender; and if all applicants failed to satisfy the minimum and-or maximum qualifying threshold marks as set out under the award criteria tables. [35285/19]
View answer520. Deputy James Lawless asked the Minister for Justice and Equality the reason invitations for the Garda footwear tender now come from his office and not from An Garda Síochána directly. [35286/19]
View answer521. Deputy James Lawless asked the Minister for Justice and Equality the reason the invitation for tenders for Garda footwear does not refer to new technologies available which improve safety in footwear; and the reason these are not requirements. [35287/19]
View answerI propose to take Questions Nos. 518 to 521, inclusive, together.
The Garda Commissioner has responsibility for managing the administration and business of An Garda Síochána. Decisions in relation to the provision, allocation and management of Garda equipment and resources are also matters for Garda Commissioner. As Minister, I have no role in those matters.
I am informed by the Garda authorities that the tender process referred to by the Deputy is being managed by the Office of Government Procurement and has not yet closed. As the Deputy will appreciate, so as not to compromise the process, it would not be appropriate for me to comment on what is a live procurement process.
522. Deputy Mary Butler asked the Minister for Justice and Equality his plans to carry out remedial works at Carlow courthouse and in particular on the railings there in view of the fact that the building is of historic importance; and if he will make a statement on the matter. [35441/19]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service, which is independent in exercising its functions.
To assist the Deputy, I have had enquiries made and the Courts Service has informed me that they are aware that the railings surrounding Carlow Courthouse are in poor condition. They are committed to their full restoration at the earliest possible date.
I am further informed that restoring the railings is a significant and complex task requiring specialist conservation and iron-working expertise. The Courts Service does not have this expertise and is reliant on the Office of Public Works (OPW) to undertake and manage the task on its behalf.
The restoration work will be undertaken in phases. The first phase of the restoration will see 10 sections repaired and will be subject to a competitive OPW tendering process. A great deal of background work has been undertaken by the OPW to date including technical appraisals, experimental repairs, exploratory works and specification of repair methodologies. The OPW is currently finalising the tender documentation for the restoration of the initial 10 sections. Subject to a satisfactory tender process, it is anticipated that work will commence before the end of this year. The cost of restoring the initial 10 sections will be determined by the tendering process and the Courts Service has approved funding to cover the anticipated cost.
The first phase will inform how future phases of the project can be undertaken and will give an indication of the likely cost of restoring all sections of railings. It is anticipated that restoring all sections will take a number of years.
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523. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his timeframe to ratify the optional protocol of the UNCRPD; and if he will make a statement on the matter. [35635/19]
View answerThe Convention and the Optional Protocol of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) cover a broad range of commitments some of which require substantive cultural change. Work is continuing on the reforms needed for Ireland's compliance with the Convention's requirements. For this reason, a phased approach is seen as the most practical and realistic way of moving forward.
The timescale to ratify the Optional Protocol will be determined as soon as the first reporting cycle under the Convention concludes.
524. Deputy Gino Kenny asked the Minister for Justice and Equality if he will take steps to extend the new paid parental leave scheme due to commence in November 2019 to all parents with children under one year of age in view of the recognition that the first 12 months in the life of a child are the most formative; if this payment will be made to parents with children under a year old and not only to those with children born after November 2019; and if he will make a statement on the matter. [35748/19]
View answerOn 23 April, the Government announced that it had approved the priority drafting of the Parental Leave and Benefit Bill 2019. This will facilitate new parents in spending more time with their babies during their first year. The leave and benefit will be set at two weeks for each parent initially. The Government is committed to increasing both leave and benefit to seven weeks by 2021. The new EU Directive on work-life balance for parents and carers provides for paid parental leave of nine weeks. Seven weeks of these must be introduced by 2 August 2022.The remaining two weeks must be introduced by 2 August 2024.
I recognise the importance of parental care in the first year of a child’s life. The Parental Leave and Benefit Bill is based on this principle. However, the Deputy’s suggestion that parental leave and benefit should apply to parents of children aged under one year even if they are born prior to November 2019 would be tantamount to backdating the scheme by a year. This would have significant budgetary implications for the Department of Employment Affairs and Social Protection for the payment of the parental benefit and for the Exchequer generally in relation to public sector employers. There would also be additional costs for other employers, for example administrative costs, lost output and the costs of recruiting replacement staff. With all of this in mind, I do not believe that it would be justifiable to backdate the scheme in the manner suggested.
525. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the refusal of a visitor's visa in the case of a person (details supplied) will be reviewed; and if he will make a statement on the matter. [35782/19]
View answerI can inform the Deputy that nationals of South Africa are not visa required for travel to Ireland. An application by the person referred to was therefore neither made nor refused.
However, carrier airlines may make contact with the Immigration Service of my Department regarding the circumstances of particular passengers intending to travel to Ireland in advance of aircraft boarding. This is a common practice and carriers often seek advice on Irish immigration entry requirements, including for the purposes of ensuring that they are in compliance with their legal obligations under section 2 of the Immigration Act 2003 (liability of carriers).
The carrier is advised of Irish entry requirements under section 4 of the Immigration Act 2004 and it is then a matter for the carrier to decide whether to allow the boarding of the passenger or passengers concerned.
526. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if an application for funding a Mulvey type report will be supported to assess and plan appropriately to manage the drugs crisis in Drogheda, County Louth, in view of the ongoing drug related criminality in the area and the murder that took place on 27 August 2019; and if he will make a statement on the matter. [36159/19]
View answerAs the Deputy will be aware, both the Taoiseach and I have visited Drogheda on a number of occasions in recent months to meet with Gardaí involved in tackling the ongoing and highly volatile feud as referred to by the Deputy. I have also been regularly briefed by the Commissioner about the dedicated policing operation - Operation Stratus - that is in place in Drogheda and specifically targets this feud.
Operation Stratus consists of high visibility patrols and checkpoints, days of action and covert policing initiatives, targeting specific parties to the feud. The operations are supplemented by personnel from the regional armed support unit, the drugs unit and the divisional roads policing unit and have resulted in the seizure of considerable amounts of cash, firearms and controlled drugs. To date, over 300 proactive searches have been carried out along with 870 Armed Support Unit / Roads Policing checkpoints and 1253 proactive uniform and plainclothes patrols.
Following the most recent Garda attestation in June 2019, the Garda Commissioner assigned 30 new probationer Gardaí to the Louth Division, including 25 to the Drogheda District.
I also want to reassure the local community in Drogheda that there are specialised regional Armed Support Units based in the Northern Region at Dundalk and Ballyshannon Garda Stations. Members of these Units are highly trained and equipped with a variety of non-lethal and lethal weapons and perform high visibility armed checkpoints and patrols throughout the region and support and supplement the national Emergency Response Unit which has also been deployed to Drogheda in recent times. The Commissioner recently made an operational decision to establish a third Regional ASU in the Northern Region at Cavan Garda station, and I understand that arrangements have commenced to establish this new unit in order to further support and strengthen Garda capacities in the region.
In terms of a Mulvey-type report, the Deputy will be aware that the Government last year endorsed the report of the Commission on the Future of Policing in Ireland, which sets out a blueprint for the future of policing in Ireland, and agreed to accept all 157 key recommendations contained in the report. The report emphasises the importance of community policing and the building of trust and strong relationships between gardaí and people in the community and also a new model of cooperation between Departments and agencies which provide essential services and supports to communities and individuals at risk.
The report is steadily being implemented in line with the high level implementation plan, “A Policing Service for the Future”, which I published in December. Implementation of the plan is being overseen by a dedicated programme office in the Department of the Taoiseach and involves a number of Departments and agencies.
As the Deputy will know, like him, I am determined that the situation in Drogheda cannot be allowed to continue. There has been a sustained and concerted effort on the part of An Garda Síochána to bring those engaged in the feud to justice. I know An Garda Síochána is dedicated to tackling gang-related violence in Drogheda and ensuring the safety of all citizens in the community and the wider area.
527. Deputy James Lawless asked the Minister for Justice and Equality the protocols and procedures for minors travelling alone in relation to passport control at Dublin Airport; the requirement, if applicable, for letters of consent from parents or guardians; and if he will make a statement on the matter. [36495/19]
View answerThe Irish Naturalisation and Immigration Service of my Department (INIS), is responsible for immigration operations at the border at Dublin Airport. INIS is committed to the highest standards in child safeguarding, as are all divisions of my Department.
In the course of discharging immigration duties at the border, immigration officers regularly deal with minors, hence the requirement to be alert to potential child protection issues such as human trafficking and the exploitation of children is paramount. In circumstances where any child protection concerns emerge, immigration officers consult with Tusla, the statutory agency responsible for the welfare of children in Ireland.
For minors travelling unaccompanied it is advisable that they carry the following documentation.
Evidence of consent from a parent or guardian of the child, such as:
- A signed letter from the child’s parent(s)/guardian giving consent for travel and providing his/her contact details
- A copy of a document identifying the parent/guardian, e.g. a copy of the picture page of a passport or driving licence
- Evidence of the parent/guardian relationship with the child, e.g. a copy of a birth or adoption certificate, or guardianship papers
- A death certificate in the case of a deceased parent
If the minor is not ordinarily resident in Ireland:
- Full address of where they will be staying
- Full contact details of who they will be staying with
In instances where an immigration officer considers it necessary to make further inquiries, such documentation may help to clarify matters, most particularly regarding family relationships.
An immigration officer may also seek to establish the relationship between an unaccompanied minor and any adult meeting the child on arrival at Dublin Airport, before permitting the child to enter the State. In this case the immigration officer may seek similar documentation to that outlined above. This documentation is also outlined in detail on the INIS website.
Additionally, minors who are visa required must hold a valid visa to enter or re-enter the State. A parent or guardian must apply for the visa and their consent to the child travelling is required as part of the visa application.
528. Deputy James Browne asked the Minister for Justice and Equality the reason for the four year delay in commencing the Assisted Decision-Making (Capacity) Act 2015 with the exception of Part 8; the planned date of commencement for the Act; and if he will make a statement on the matter. [35301/19]
View answer529. Deputy Michael Fitzmaurice asked the Minister for Justice and Equality when the Assisted Decision-Making (Capacity) Act 2015 with the exception of Part 8 will be commenced; and if he will make a statement on the matter. [35154/19]
View answer665. Deputy Denis Naughten asked the Minister for Justice and Equality when the decision support service within the Mental Health Commission will become operational; the reason it has taken so long; the impact this is having on the commencement of large parts of the Assisted Decision-Making (Capacity) Act 2015 and the operation of the wards of court system; and if he will make a statement on the matter. [36386/19]
View answerI propose to take Questions Nos. 528, 529 and 665 together.
The Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act provides for the establishment of new administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (a body under the Department of Health).
The commencement of the main provisions of the 2015 Act is expected to take place next year.
A number of the provisions of the 2015 Act have already commenced including Part 1 (excluding sections 3, 4 and 7 and Part 9 (excluding sections 96 and 102 and Chapter 3). These provisions were commenced to progress the establishment of the Decision Support Service and the recruitment of its Director, Ms. Áine Flynn. Ms. Flynn was appointed in October 2017.
The Decision Support Service is working towards being operational and ready for the commencement of the main provisions of the 2015 Act next year. As I am sure the Deputy will appreciate, there are many complex strands to this preparatory work, including the involvement of multiple organisations. I am advised that this lead in time is required to ensure the following will be in place to ensure the Decision Support Service is established effectively: staff resources, processes, IT system, expert panels, codes of practice and regulations.
A high-level Steering Group of senior officials is overseeing this on-going work. Membership is drawn from my department, the Department of Health, the Mental Health Commission and the Courts Service, together with the Director of the Decision Support Service.
The 2015 Act will also abolish the current Wards of Court system, by repealing the Lunacy Regulation (Ireland) Act 1871. Section 54 of the 2015 Act provides for the review by the wardship court of the capacity of all current adult wards within three years of the commencement of Part 6 of the Act.
Part 6 of the 2015 Act will be commenced when the Decision Support Service is open for business and ready to commence the new decision-making support options. The adults currently in wardship will transition to the new decision-making support arrangements provided for in the 2015 Act on a phased basis over 3 years from the commencement of Part 6.
Certain provisions of Part 8 of the Act related to advanced healthcare directives have also been commenced by my colleague, the Minister for Health.
530. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the status of an application for a remain to stay visa by persons (details supplied); and if he will make a statement on the matter. [34684/19]
View answerI am advised by the Immigration Service of my Department that, notifications have issued to the persons concerned pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended).
All representations received, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.
531. Deputy Catherine Connolly asked the Minister for Justice and Equality the status of the cultural liaison service at the Reception and Integration Agency; the NGOs contacted in this regard; the expertise required or criteria applied to be considered for inclusion as a provider of the service; the way in which the service will operate; the way in which persons within the international protection system are to contact the service; and if he will make a statement on the matter. [34736/19]
View answer532. Deputy Catherine Connolly asked the Minister for Justice and Equality the range of time, by weeks, that families within the international protection system are being accommodated in hotel rooms in emergency accommodation centres; the steps being taken to ensure that such families' private family life rights are vindicated; the steps being taken to ensure that the rights of children within these families are vindicated; the names and job specifications of the NGOs contracted to provide cultural liaison services in Reception and Integration Agency accommodation including ordinary hotels in which some international protection applicants are accommodated; and if he will make a statement on the matter. [34737/19]
View answerI propose to take Questions Nos. 531 and 532 together.
The Reception and Integration Agency (RIA) of my Department is experiencing significant upward pressure on its accommodation portfolio due to an increase in the numbers of persons claiming international protection and a growth in the percentage of protection applicants who require assistance with accommodation.
In order to ensure that the State can continue to provide accommodation for all protection applicants and continue to comply with the EU (recast) Reception Conditions Directive, which was transposed into Irish law in 2018, RIA has, since September 2018, arranged for the provision of emergency beds where the mainstream accommodation centres were at capacity.
In January 2019, the RIA placed an Expression of Interest for Emergency Bed provision in the national media. Such accommodation involves the use of hotel and guest house accommodation where RIA typically contracts a defined number of rooms within existing commercial hotels/guest houses.
Every effort is being made to re-accommodate residents in emergency locations to a dedicated accommodation centre as quickly as possible. RIA is actively working on securing additional capacity, both in existing centres and through sourcing new centres via a series of regional procurement competitions.
It is not possible to provide the statistics in the manner requested by the Deputy, however the statistics can be provided in a monthly breakdown as detailed in the following tabular statement:
As of 30th July 2019, there are 1,043 people residing in emergency accommodation, which includes 178 children, 334 adult females and 530 adults males.
|
No. Applicants in Emergency Accommodation |
Duration of Stay by Months |
|
385 |
0>3 |
|
402 |
3>6 |
|
139 |
6>9 |
|
117 |
9>12 |
An exercise is underway in the Department whereby certain emergency accommodation locations are being designated specifically as family accommodation and others are being designated as being more suitable for single adults. The designated family locations have been selected on the basis of physical environment, location and access to school places. Families are allocated individual en-suite bedrooms and/or apartments to provide privacy and to facilitate family life to the greatest extent possible during these temporary arrangements.
In June, the Department requested quotations for a cultural liaison service from three Non-Governmental Organisations (NGOs) in both the Dublin and North East regions. Each of the NGOs have experience of advocacy, migrant rights and working with disadvantaged communities.
The Jesuit Refugee Service Ireland (JRS) was recently appointed to provide the services to persons seeking international protection currently availing of emergency accommodation in the Dublin region, and the appointment of an NGO to provide a similar service in the North East region will be finalised in the near future. My Department then intends to seek quotations from suitably experienced NGOs to provide assistance to those in emergency accommodation in the remainder of the country.
In the Dublin region, JRS proposes to hold an initial introductory meeting in each of the emergency accommodation locations, where representatives of the NGO can introduce themselves and explain the assistance/services that are on offer to persons being accommodated there. Clinics will been held in each location twice a month following that initial meeting. The types of service JRS representatives will provide include, but are not limited to, assisting persons with access to other public services and with applying for medical cards. In addition, representatives of JRS will forward details of any queries or complaints to my Department, where necessary for appropriate follow up.
533. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views on the new ruling for persons who wish to apply for citizenship (details supplied); and if he will make a statement on the matter. [34738/19]
View answer554. Deputy Hildegarde Naughton asked the Minister for Justice and Equality the number of citizenship applications affected by a judgment (details supplied); if he will be applying the judgment retrospectively; and if he will make a statement on the matter. [34866/19]
View answer555. Deputy Hildegarde Naughton asked the Minister for Justice and Equality if he will be seeking emergency legislation to amend the Act to ensure the continuous residence criteria allows travel for a reasonable length of time, for example, the six weeks advised by his Department before a judgment (details supplied) was made; and if he will make a statement on the matter. [34867/19]
View answer558. Deputy Niall Collins asked the Minister for Justice and Equality the actions he plans to take further to a recent High Court judgement (details supplied); and if he will make a statement on the matter. [34957/19]
View answer569. Deputy Seán Haughey asked the Minister for Justice and Equality his plans to introduce legislation to deal with the recent judgement of the High Court relating to continuous residency under section 15(1)(c) of the Irish Nationality and Citizenship Act 1956 as amended; and if he will make a statement on the matter. [35018/19]
View answer571. Deputy Eoin Ó Broin asked the Minister for Justice and Equality his plans to amend the Irish Nationality and Citizenship Act 1956 and in particular the 12 months continuous residence clause following the High Court decision of a person (details supplied) which deemed that even a single day out of the State during that 12 months would not be deemed to meet the continuous residence condition as stipulated in the Act. [35036/19]
View answer601. Deputy Michael McGrath asked the Minister for Justice and Equality the steps he is taking in response to the recent judgment of the High Court relating to continuous residency under section 15(1)(c) of the Irish Nationality and Citizenship Act 1956 (as amended); and if he will make a statement on the matter. [35464/19]
View answer636. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality if he will be applying the High Court ruling (details supplied) criteria of no travel in the year preceding a citizenship application; and if he will make a statement on the matter. [36051/19]
View answer637. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality if he will be seeking emergency legislation to amend the legislation to ensure the continuous residence criteria allows travel for a reasonable length of time (details supplied); and if he will make a statement on the matter. [36052/19]
View answer638. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the number of citizenship applications that will be affected by a High Court ruling (details supplied); and if he will make a statement on the matter. [36053/19]
View answerI propose to take Questions Nos. 533, 554, 555, 558, 569, 571, 601 and 636 to 638, inclusive, together.
I am aware that the recent judgment of the High Court relating to continuous residency under Section 15(1)(c) of the Irish Nationality and Citizenship Act, 1956 (as amended) has given cause for concern. The matter remains before the courts with the lodgement of an appeal before the Court of Appeal and is therefore sub-judice. As of 3rd September there were 15,647 applications for citizenship on hand. The majority of such applicants are potentially affected by the ruling. To date this year a total of 2,981 adults and 849 minors have been naturalised. I am advised that this ruling is not considered to have consequences for anyone who has already obtained citizenship under the Act.
I can, however, assure the Deputy that my Department is continuing to work on finding solutions to the situation as quickly as possible. The best interests of both current and future applicants are foremost in these considerations and on 25 July 2019 I obtained Cabinet approval for the drafting of a Bill, which seeks to resolve the issue.
My officials are working with the Office of Parliamentary Counsel in the Attorney General’s Office to have a bill drafted on an urgent basis and be brought before the Houses of the Oireachtas as quickly as possible on resumption of business in mid-September. Further updates, as they become available, will be posted on the Immigration Service website.
Those who are planning to apply for citizenship should continue to collect all the necessary proofs that support their application and to submit a comprehensive application form. Once a solution is in place, if any additional information is required, applicants will be contacted as part of the processing of the application.
534. Deputy Niall Collins asked the Minister for Justice and Equality if he or his officials met with the Tánaiste and Minister for Foreign Affairs and Trade or his officials and-or the Taoiseach and Minister for Defence and-or his officials to discuss the case of a person (details supplied); and if he will make a statement on the matter. [34777/19]
View answerThe Deputy will appreciate that these are very sensitive matters.
For reasons of security and the safety of individuals, I do not intend to comment publicly on the details of any individual case or the arrangements that may be in place.
I can assure the Deputy that I, along with my Government colleagues and officials within our respective Departments, continue to monitor the situation.
535. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when an order to deport will be revoked in the case of a person (details supplied); and if he will make a statement on the matter. [34787/19]
View answerI am advised by the Immigration Service of my Department that the person concerned is the subject of a Deportation Order issued on 29 August 2018. This Order requires the person concerned to remove themselves from the State and remain outside the State. The enforcement of Deportation Orders are a matter for the Garda National Immigration Bureau.
It is open to the person concerned to submit representations requesting that the Deportation Order be revoked, pursuant to Section 3(11) of the Immigration Act 1999 (as amended). However, I wish to make clear that such an application would require substantial grounds to be successful.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.
536. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when residency status will be determined in the case of a person (details supplied); and if he will make a statement on the matter. [34788/19]
View answerI am advised by the Immigration Service of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.
537. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when further consideration will be given in respect of an application for citizenship in the case of a person (details supplied); and if he will make a statement on the matter. [34789/19]
View answerI am advised by the Immigration Service of my Department that it has received a request for permission to remain in the State from the person referred to by the Deputy. I am further advised that the Immigration Service issued a request to the person concerned for further documentation on 10 July 2019, and are yet to receive a response.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.
538. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the information on the file of a person (details supplied) will be updated in accordance with the facts in view of the fact they returned to their homeland before a deportation order was put into effect and have made an application for a visa to re-enter in order to rejoin their spouse; if the relevant section of his Department will recognise their situation; if they will be permitted to re-join their spouse; and if he will make a statement on the matter. [34790/19]
View answerI am advised by the Immigration Service of my Department that the person concerned is the subject of a Deportation Order signed on 20 June 2002.
Requests were received from the person concerned, pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended), requesting that the Deportation Order be revoked. Following the detailed consideration of the information submitted in support of the request, the Deportation Order was affirmed and this decision was communicated to the person concerned by registered post dated 9 November 2017.
It is open to the person concerned to submit further representations requesting that the Deportation Order be revoked, pursuant to Section 3(11) of the Immigration Act 1999 (as amended). However, I wish to make clear that such an application would require substantial grounds to be successful. To date no such further representations have been received in this case.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 Immigration Service is, in the Deputy's view, inadequate or too long awaited.
539. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the permanent relationship between persons (details supplied) will be recognised as a basis for naturalisation in the case of a person; and if he will make a statement on the matter. [34791/19]
View answerI am advised by the Immigration Service of my Department that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy.
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.
Full details of the eligibility criteria and extensive guidelines are available on the Immigration Service website at www.inis.gov.ie
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 I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.
540. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding a person (details supplied); and if he will make a statement on the matter. [34792/19]
View answerI am advised by the Immigration Service of my Department that an application for renewal of permission to remain has been received from the person concerned. This application is under consideration at present. When consideration of this application has been completed, and a decision is arrived at, the person concerned will be notified in writing.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.
541. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [34793/19]
View answerI am advised by the Immigration Service of my Department that the application for a certificate of naturalisation from the person referred to by the Deputy continues to be processed and will be submitted to me for decision as expeditiously as possible. If further documentation is required it will be requested from the applicant in due course.
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. 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 Immigrations Service 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.
542. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a review of the case in respect of an application for refugee status will be undertaken in the case of a person (details supplied); and if he will make a statement on the matter. [34795/19]
View answerI am advised by the Immigration Service of my Department that if an application for International Protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant or his or her designated legal advisor should contact the International Protection Office directly, either by email to info@ipo.gov.ie, 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.
Similarly, the International Protection Appeals Tribunal operates an email service which can be contacted by individuals with any queries regarding their application - info@protectionappeals.ie.
The Ministerial Decisions Unit also operates an email service at mduinfo@justice.ie.
Under Section 26 of the International Protection Act 2015, it is an offence to identify an international protection applicant. The offence is punishable by summary conviction to a Class A fine or a term of imprisonment of 12 months or both.
An applicant may appeal a recommendation by an international protection officer that the applicant should not be given a refugee declaration and/or a recommendation that the applicant should not be given a subsidiary protection declaration to the International Protection Appeals Tribunal.
Where an international protection officer recommends that an applicant should be given neither a refugee nor a subsidiary protection declaration, the Minister will consider in accordance with Section 49 of the International Protection Act 2015 whether to give the applicant concerned a permission to remain in the State.
Where the Tribunal affirms a recommendation that the applicant should not be given a refugee declaration and a recommendation that the applicant should not be given a subsidiary protection declaration, the Minister will, upon becoming aware of a change in circumstances or receiving new information from an applicant that had it been in the possession of the Minister when making such decision would have been relevant to that decision, review the decision in relation to permission to remain in the State.
The Chief International Protection Officer, following consultation with the United Nations High Commissioner for Refugees (UNHCR), published a statement on the Prioritisation of Applications for International Protection under the International Protection Act 2015 on 27 February 2017, 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 Immigration Service 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.
