Peter Burke
Question:379. Deputy Peter Burke asked the Minister for Justice and Equality if leave to remain will be granted to persons (details supplied); and if he will make a statement on the matter. [4853/20]
View answerLeave to Remain
Questions (379)
Written answers
I am informed by the Immigration Service of my Department that the persons concerned are the subject of a Deportation Order signed on 19 February 2020. This Order requires that the persons concerned are to remove themselves from the State and remain outside the State. The enforcement of the Deportation Orders are a matter for the Garda National Immigration Bureau.
It is open to the persons' concerned to submit written representations under Section 3(11) of the Immigration Act 1999 (as amended), to have the Deportation Orders revoked. Requests seeking to revoke a Deportation Order must set out any new facts or circumstances, which have arisen since the original decision was made. Any request submitted would be considered on its own merits, having due regard to all relevant issues, including with respect to any refoulement considerations.
A decision would be made to affirm or to revoke the existing Deportation Order. In the meantime, the Deportation Orders remains valid and in place. Requests for the revocation of a Deportation Order are non-suspensive. If the persons' concerned decide to submit a request, they are still required to present to the GNIB in the interim.
The persons concerned were required to present themselves at the Offices of the Garda National Immigration Bureau on 01 April 2020, to make arrangements for their deportation from the State.
The Registration Office in Burgh Quay and all Registration Offices for non-Dublin residents operated by An Garda Síochána have temporarily closed due to COVID-19. Consequently, the requirement to present to the GNIB on foot of a Deportation Order is temporarily suspended and the GNIB will make contact once the restrictions have been lifted.
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.
Departmental Correspondence
Questions (380)
Joan Collins
Question:380. Deputy Joan Collins asked the Minister for Justice and Equality if a reply will issue to correspondence in relation to the case of a person (details supplied). [4860/20]
View answerWritten answers
I apologise most sincerely to the Deputy for the delay in reverting with a substantial response. The response has now issued and I hope that the matter has now been resolved to the satisfaction of the Deputy.
Criminal Injuries Compensation Tribunal
Questions (381)
John McGuinness
Question:381. Deputy John McGuinness asked the Minister for Justice and Equality if the Criminal Injuries Compensation Tribunal meets on a regular basis; the number of cases before the Tribunal that were dealt with within a reasonable timeframe; the status of an application by a person (details supplied); and if he will make a statement on the matter. [4872/20]
View answerWritten answers
As the Deputy may be aware, the Criminal Injuries Compensation Tribunal is made up of seven qualified barristers and solicitors who provide services on a part-time basis. Each case is considered in the first instance by a single Tribunal Member. If the decision is appealed, three other Tribunal Members hear the appeal. Tribunal Members meet on a regular basis to hear appeals and to discuss their collective decision on appeal cases.
The Tribunal's Secretariat receive applications and gather the necessary information from applicants and other relevant bodies such as An Garda Síochána in relation to each case. When all required information is available, the file is sent to the Tribunal for consideration and decision. Where a decision is appealed, Tribunal staff make arrangements for a Tribunal appeal hearing.
I understand that it may take several years before an application for compensation is ready for submission to the Tribunal for consideration and decision. The duration of each case can vary depending on the nature and individual circumstances and is influenced by factors including the time involved in the provision of the required documentation to the Secretariat. For example, final Garda reports on the crime are required, as are the outcomes of any court cases initiated.
In addition, in some cases, the extent of injuries suffered by the victim may not be known for some years. It is also the case that the assessment of loss of earnings for consideration by the Tribunal may be complex to determine and may require employer assessment and social welfare reports.
It may be helpful to be aware that last year, 80 applicants accepted awards under the General Scheme. In 2020 to date, 102 decisions under the General Scheme have been made by Tribunal members. It should further be noted that not all decisions result in an award.
The Deputy may also wish to be aware that the Law Reform Commission intends to commence a comprehensive review of the Criminal Injuries Compensation Scheme mid-year, in a project expected to last for two years. I welcome this project as an opportunity for a comprehensive examination of all aspects of this long-established Scheme, to ensure that the State’s arrangements for the compensation of victims of violent crime are in keeping with good international practice and meet the needs of the public into the future.
In relation to the application referred to by the Deputy, I would first note that the Criminal Injuries Compensation Tribunal is entirely independent in the matter of individual decisions on applications for compensation. As Minister, I have no role in that regard.
I am advised by the Tribunal secretariat that they wrote to the applicant’s legal representative on 30 January 2020 with a query on the application and issued a further reminder letter on 26 March 2020. The secretariat advises that the application cannot be progressed further at present, pending receipt of a reply to that query.
Naturalisation Applications
Questions (382)
Bernard Durkan
Question:382. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the case of a person (details supplied); and if he will make a statement on the matter. [4877/20]
View answerWritten answers
The application for a certificate of naturalisation from the person referred to by the Deputy continues to be processed by my officials and 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. 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.
The records indicate that the current permission to reside in the State granted to the person concerned expired on 15 June 2018. It is up to the person concerned to seek permission to remain beyond the expiry of her current permission. All non-EEA nationals are required to keep their permission to remain in the State up to date at all times, and to have such permission registered. Failure to do so may adversely affect an application for a certificate of naturalisation.
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.
Residency Permits
Questions (383)
Bernard Durkan
Question:383. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of eligibility for long-stay residency naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [4878/20]
View answerWritten answers
The person referred to by the Deputy made an application on 19 September 2019 to my Department for a right to residency accompanied by a right to work based on their parentage of an Irish citizen child.
The Deputy will appreciate that, in the interest of fairness to all applicants, applications are dealt with in chronological order. The application is amongst many to be considered at present and, as such, it is not possible to provide a specific indication as to when the case will be finalised. If further information or documentation is required, my Department will contact the person concerned without delay.
As the person concerned holds no permission to remain in the State, they would not currently meet the requirements for naturalisation or long term residency.
Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy’s view, inadequate or too long awaited.
Naturalisation Applications
Questions (384)
Bernard Durkan
Question:384. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination for eligibility for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [4879/20]
View answerWritten answers
An application from the person referred to by the Deputy, for citizenship through the naturalisation process, is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. It will be submitted to me for decision 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 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 is, in the Deputy’s view, inadequate or too long awaited.
Naturalisation Applications
Questions (385)
Bernard Durkan
Question:385. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination for eligibility for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [4880/20]
View answerWritten answers
The application for a certificate of naturalisation from the person referred to by the Deputy continues to be processed by my officials and 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. 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 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.
Immigration Status
Questions (386)
Bernard Durkan
Question:386. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when a person (details supplied) will be permitted to return here under a spousal rejoin process; and if he will make a statement on the matter. [4881/20]
View answerWritten answers
The person referred to by the Deputy is the subject of a Deportation Order made on 20 June 2002 and therefore has no entitlement to residency in the State.
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. Following consideration of those representations, a decision was taken that the Deportation Order should be 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, such an application would require substantial grounds to be successful. To date, no such further representations have been received in this case.
The Deportation Order remains valid and in place and the enforcement of the Order is a matter for the Garda National Immigration Bureau.
Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy's view, inadequate or too long awaited.
Leave to Remain
Questions (387)
Bernard Durkan
Question:387. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when permission to remain will be updated in the case of a person (details supplied); and if he will make a statement on the matter. [4882/20]
View answerWritten answers
The position remains as advised in my response to the Deputy on the 5 March 2020 to question number 351.
Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy’s view, inadequate or too long awaited.
Naturalisation Applications
Questions (388)
Bernard Durkan
Question:388. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [4883/20]
View answerWritten answers
I am advised that the application for a certificate of naturalisation from the person referred to by the Deputy continues to be processed with a view to establishing if the applicant meets the statutory conditions for the granting of naturalisation. The application 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. However, 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 my Department by email 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 email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
Residency Permits
Questions (389)
Bernard Durkan
Question:389. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed to regularise residency in the case of a person (details supplied); and if he will make a statement on the matter. [4884/20]
View answerWritten answers
I am informed by my officials that, from the details provided by the Deputy, there is no record of an application, or a request, from the person concerned for permission to remain in the State. The person concerned is advised to write to my Department and request to regularise their position in the State. When submitting their request, they should be sure to outline their current circumstances along with their future intentions in the State.
They should enclose a copy of their passports, along with any documentation that they feel will support their case. The application should be submitted, via registered post, to Immigration Service, Residence Division - Unit 2, 13/14 Burgh Quay, Dublin 2.
Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy’s view, inadequate or too long awaited.
Naturalisation Applications
Questions (390)
Bernard Durkan
Question:390. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of spousal entitlement to naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [4885/20]
View answerWritten answers
I can inform the Deputy that no application for naturalisation has been received from the person concerned. However, a review of a Spouse/Civil Partner of an Irish National application was received on 29 January 2020. This review is in respect of a negative decision made on an application for permission to remain in the State as the spouse/civil partner of an Irish national.
The length of time it takes to process such reviews may vary depending on a number of factors, including the volume of applications on hand. While I cannot provide a definitive date upon which this review will be concluded, the Deputy and the person concerned may be assured that there will be no avoidable delay in the processing of the review to finality.
Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy’s view, inadequate or too long awaited.
Leave to Remain
Questions (391)
Bernard Durkan
Question:391. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which progress has been made to date in the context of a review of leave to remain in the case of a person (details supplied); and if he will make a statement on the matter. [4886/20]
View answerWritten answers
The person concerned is the subject of a Deportation Order, signed on 29 September 2017, requiring them to remove themselves from the State and remain outside the State. The enforcement of the Deportation Order is a matter for the Garda National Immigration Bureau (GNIB).
As previously advised, representations 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 and including information regarding their marriage. Following detailed consideration of the information submitted in support of the request, the Deportation Order was affirmed and notified to the person concerned by letter dated 27 November 2018. There is no outstanding correspondence or applications on file for this person.
As a result of the COVID-19 restrictions, all Registration Offices for non-Dublin residents operated by An Garda Síochána have also temporarily closed. Consequently, the requirement of an individual to present to the GNIB on foot of a Deportation Order is temporarily suspended and the GNIB will make contact once the restrictions have been lifted.
Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy's view, inadequate or too long awaited.
Deportation Orders
Questions (392)
Bernard Durkan
Question:392. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which progress has taken place in the context of a review of the possibility of setting aside a deportation order in the case of a person (details supplied); and if he will make a statement on the matter. [4887/20]
View answerWritten answers
I can inform the Deputy that the person referred to is the subject of a valid deportation order and is required to present to the Garda National Immigration Bureau (GNIB) as and when requested. While the person concerned is next due to present on 26 May 2020, I understand that that appointments with persons due to present under the current circumstances havebeen postponed by the GNIB to a future date.
As a deportation order has been signed in respect of the person concerned, the enforcement of the order is an operational matter for the GNIB. All queries in relation to the enforcement of a deportation order should be directed to the Garda National Immigration Bureau, 13-14 Burgh Quay, Dublin 2.
It is open to the person concerned or their legal representatives to submit a further written request, under Section 3(11) of the Immigration Act 1999 (as amended), to have their Deportation Order revoked. A request seeking to revoke a Deportation Order must set out any new facts or circumstances which have arisen since the original decision to deport was made. Any such request submitted would be considered on its merits, having due regard to all the relevant issues, including with respect to any refoulement issues. Requests for revocations should be sent to the Repatriation Unit of the Department's Immigration Service at 13/14 Burgh Quay, Dublin 2.
Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy’s view, inadequate or too long awaited.
Travel Documents
Questions (393)
Bernard Durkan
Question:393. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an update of travel documents due to expire on the 9 August 2020 can be facilitated in the case of a person (documents supplied); and if he will make a statement on the matter. [4888/20]
View answerWritten answers
I can inform the Deputy that Travel Documents cannot be renewed. Where a person needs a new Travel Document, they should submit their expired document as soon as possible to the Travel Document Section with a fresh Travel Document application in order to ensure that they are in the possession of an in date travel document to facilitate travel.
Information on how to apply for a Travel Document as well as the relevant application forms can be found at: http://www.inis.gov.ie/en/INIS/Pages/application_for_a_travel_document
Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy’s view, inadequate or too long awaited.
Naturalisation Applications
Questions (394)
Bernard Durkan
Question:394. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in respect of an application for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [4889/20]
View answerWritten answers
My Department has no record of receiving an application for a certificate of naturalisation from the person concerned. However, the person referred to by the Deputy currently has permission to remain in the State on Stamp 4 conditions until 16 June 2020 and the onus is on them to keep this permission up to date at all times.
Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy’s view, inadequate or too long awaited.
Naturalisation Certificates
Questions (395)
Niall Collins
Question:395. Deputy Niall Collins asked the Minister for Justice and Equality the status of an application by a person (details supplied); when a decision will be made; and if he will make a statement on the matter. [4915/20]
View answerWritten answers
I can inform the Deputy that an application for a certificate of naturalisation in relation to the person referred to is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision 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. However, 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 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 is, in the Deputy’s view, inadequate or too long awaited.
Garda Vetting
Questions (396)
Bernard Durkan
Question:396. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the resources allocated over the past four years to the Garda vetting unit; and if he will make a statement on the matter. [4926/20]
View answerWritten answers
The primary purpose of the employment vetting carried out by An Garda Síochána through its National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults. It largely operates under the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016. As I am sure the Deputy will agree, this is a very important task which must be done thoroughly and accurately.
My Department has no role in the processing of individual vetting applications.
It is also important to note that, in accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána. In addition, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands.
I am informed by the Garda authorities that expenditure on the Garda National Vetting Bureau in the years 2016 – 2019 was as follows:
|
Year |
Amount |
|
2016 |
€6,460,961 |
|
2017 |
€6,396,389 |
|
2018 |
€6,592,326 |
|
2019 |
€6,493,667 |
I am further informed that the personnel strength in the Garda National Vetting Bureau for the past four years, including both Garda members and Garda staff, is outlined in the following table.
|
Year |
Garda Members |
Garda Staff |
|
31/12/2016 |
5 |
162 |
|
31/12/2017 |
6 |
162 |
|
31/12/2018 |
6 |
149 |
|
31/12/2019 |
6 |
158 |
|
29/02/2020 |
8 |
158 |
I am informed by the Garda authorities that, since 12 March, over 21,500 Covid-19 related vetting applications have been completed, including over 8,400 for the HSE. I am further informed that the Garda National Vetting Bureau continues to prioritise Covid-19 related / medical vetting applications to ensure there is no backlog in that regard. Finally, I am informed that all applications have a current turnaround time of 1 working day, after receipt by the Garda National Vetting Bureau.
International Protection
Questions (397)
Bernard Durkan
Question:397. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 348 of 5 March 2020, the reason information is being restricted to only the applicants or their legal representative in view of the rights attaching to parliamentary questions; if he will arrange for due process to take place in respect of the information sought; and if he will make a statement on the matter. [4951/20]
View answerWritten answers
As the Deputy is aware, my Department is unable to publish any information that would cause to identify an international protection applicant. I and my Department officials are obliged pursuant to section 26 of the International Protection Act 2015 to ensure that the identity of any person who applies for international protection is kept confidential. Section 26(1) sets out that “the Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential”.
It is an offence under law (punishable by up to 12 months in prison) that I or any official in my Department would give any indication as to a person's status as an international protection applicant and thus breach their right to confidentiality. The right to privacy and its confidentiality requirements are especially important for an asylum-seeker, whose claim inherently supposes a fear of persecution by the authorities of the country of origin and whose situation can be jeopardized if protection of information is not ensured.
Therefore, if an application for international protection has been made in the State, it is not the practice to comment on such applications and the applicant or their designated legal advisor should contact the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate. This will enable a full and comprehensive reply to be provided.
The staff of the Chief International Protection Officer and International Protection Officers are independent by law in the exercise of their international protection functions. They are also bound by confidentiality provisions in respect of applicants as set out in the 2015 Act. They will only deal with the applicant or their legal representative in the processing of their application. To do otherwise would be to compromise the applicant’s right to confidentiality.
Closed-Circuit Television Systems
Questions (398)
Martin Heydon
Question:398. Deputy Martin Heydon asked the Minister for Justice and Equality the status of the grant for community closed circuit television systems; the way in which local groups can apply; and if he will make a statement on the matter. [4962/20]
View answerWritten answers
Community-based CCTV is governed by section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006. This legal framework requires that any proposed community CCTV scheme must:
- be approved by the local Joint Policing Committee,
- have the prior support of the relevant local authority, which must also act as data controller, and
- have the authorisation of the Garda Commissioner.
This is the legal basis for all community CCTV schemes, regardless of how they are funded and these key legal requirements have not changed since 2006. The option to establish a Community CCTV scheme is available to groups that meet these legal requirements, anywhere in the country.
Since 2017, my Department has administered a grant aid scheme supporting groups wishing to establish a community-based CCTV system in their area. To date, 26 applications have been approved under the scheme, involving approved grants totalling more than €607,000.
Eligible groups, including community groups and local authorities nationwide, can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum total of €40,000 and it is now also possible for applicants to seek a once-off grant of up to €5,000 for minor maintenance costs. The scheme permits applications not only new CCTV systems but also for extension or upgrade of existing Community CCTV systems which are incomplete or obsolete.
I must emphasise that grant funding can be considered only for CCTV systems which meet the legal requirements for CCTV, in other words CCTV systems which have been approved by the relevant Joint Policing Committee, the relevant Local Authority (also acting as Data Controller) and which have received the authorisation of the Garda Commissioner.
Full details of the Scheme, including guidelines, application forms, code of practice and other relevant documentation and are available to download from my Department's website, http://justice.ie/en/JELR/Pages/Community-Based-CCTV or by emailing fundsadmin-comm-based-cctv@justice.ie
Naturalisation Certificates
Questions (399)
Verona Murphy
Question:399. Deputy Verona Murphy asked the Minister for Justice and Equality the progress in respect of an application for naturalisation by a person (details supplied); and if he will make a statement on the matter. [5027/20]
View answerWritten answers
I can inform the Deputy that an application for a certificate of naturalisation from the person concerned continues to be processed by my Department and 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. However, 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 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 is, in the Deputy’s view, inadequate or too long awaited.
Citizenship Applications
Questions (400)
Matt Carthy
Question:400. Deputy Matt Carthy asked the Minister for Justice and Equality the status of an application for citizenship by a person (details supplied); and if he will make a statement on the matter. [5045/20]
View answerWritten answers
An application for a certificate of naturalisation in relation to the person concerned is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision 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. However, 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 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 is, in the Deputy’s view, inadequate or too long awaited.
Naturalisation Certificates
Questions (401)
Niall Collins
Question:401. Deputy Niall Collins asked the Minister for Justice and Equality the status of an application by a person (details supplied); when a decision will be made; and if he will make a statement on the matter. [5077/20]
View answerWritten answers
The application for a certificate of naturalisation from the person referred to continues to be processed and 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. 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 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.
Prison Service
Questions (402)
Catherine Murphy
Question:402. Deputy Catherine Murphy asked the Minister for Justice and Equality the payments made to a company (details supplied) historically in respect of the Prison Service; and the breakdown of the payments by year and prison and location. [5080/20]
View answerWritten answers
The Deputy will appreciate that prison buildings are intensively used assets that require continuous maintenance and servicing to minimise the risk of loss of cells or other critical elements of the prison infrastructure.
I am advised by the Irish Prison Service that the following table sets out the annual payments to the facilities management company referred to by the Deputy across the prison estate over the duration of the current contract. I am further advised that the payments in question arise under four contracts the company won in 2017 and 2018 following a competitive tender competition conducted under the Irish Prison Service Small Works Framework.
|
Year |
Payment - €M |
|
2015 |
4,093,212.43 |
|
2016 |
7,082,933.29 |
|
2017 |
11,288,657.17 |
|
2018 |
12,002,087.59 |
|
2019 |
12,884,848.61 |
|
2020* |
2,213,830.00 |
* to End-February
I am advised that the annual spend over the duration of the contract has increased over the past number of years for a number of reasons including as a result of capital investment, the removal of “Slopping-out” in prisons such as Mountjoy Prison, along with the closure and subsuming of the former Patrick’s Institution into Mountjoy Prison, all of which have contributed to the increase in maintenance costs.
I am also advised by the Irish Prison Service that additional costs were also incurred in 2017 and 2018 due to a number of unforeseen events, including severe weather, which resulted in increased levels of expenditure on roof repairs, plumbing issues, hire of external plant and equipment and scaffolding, major repairs to prison yard netting (due to heavy snowfalls) and a control room failure in one location. These unforeseen circumstances all contributed significantly to the increase in expenditure over the duration of the contract referred to.
In addition, I am advised that, in accordance with industry norms, the Irish Prison Service has sought to place greater emphasis on planned preventative maintenance and compliance with health and safety legislation such as ventilation systems, prevention of legionella, infection control measures, fire safety and noise and dust monitoring.
I am not in a position to release details of the payments by location and prison at this time. The Irish Prison Service, in conjunction with the Office of Government Procurement, is currently in the process of completing the evaluation of tenders for a new facilities management contract. I hope the Deputy will appreciate that the release of the detailed financial information would be commercially sensitive pending the successful outcome of this tender competition.
Prison Facilities
Questions (403)
Catherine Murphy
Question:403. Deputy Catherine Murphy asked the Minister for Justice and Equality the cost of the refurbishment works at the Mountjoy Prison training unit in 2019 and to date in 2020; if the contract was tendered to the prisons' construction framework panel of builders; when the planning stage of the project commenced; and if he will publish the business case for the project including the procurement and or contract award basis. [5081/20]
View answerWritten answers
I am informed by the Irish Prison Service that the cost of refurbishment works at the Mountjoy Prison training unit in 2019 was €1.3million (inclusive of VAT). I am further informed that the cost of this work paid to date in 2020 is €615,000 (inclusive of VAT). The Irish Prison Service assure me that these works have completed on time and in line with the overall project budget.
I am informed that, following the appointment of the technical consultants in May 2019 an estimated cost for these works of €3.6million was arrived at, based on the refurbishment of the accommodation in addition to alterations to several specific areas including the healthcare accommodation. I understand that the Irish Prison Service conducted further planning work to identify a more cost effective and value for money solution, whilst also ensuring that the facility would be delivered in as short a timeframe as possible. The outcome of this process resulted in a revised cost estimate of €2.1million, achieved by using a combination of the Irish Prison Service’s facilities management provider, small works framework contractors and separate maintenance contracts for fire safety systems.
I understand that the works commenced in June 2019 and substantial completion was achieved on 23 December 2019. Some post contract minor additional works were requested by the medical and health professionals and these works were approved and completed in the early part of 2020.
I understand that it is not the practice of the Irish Prison Service to publish the business cases for such projects.
The Deputy may be interested to know that it was intended to move prisoners into the refurbished Unit in February of this year. However, I am informed that a decision was taken on health grounds to temporarily pause the movement of older prisoners into the Training Unit due to the Covid-19 pandemic, in order to minimise disruption and risk to this vulnerable cohort of prisoners.