Written Answers Nos. 1234-1247
1234. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position and progress made to date in the determination of eligibility for citizenship in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [38465/12]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in August, 2010. The application is at an advanced stage of processing and the applicant will be informed of my decision in due course. It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. Considerable resources are deployed to process applications and these resources together with the necessary administrative arrangements are kept under review.
As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State 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.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
1235. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when residency status can be determined in the case of a person (details supplied) in Dublin 4; and if he will make a statement on the matter. [38467/12]
Amharc ar fhreagraI have been informed by the Irish Naturalisation and Immigration Service (INIS) that they have not received an application from the person mentioned by the Deputy. However, I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy entered the State in 2007 and has been registered in the State as a student since 22 March 2007. Her current permission to remain is due to expire on 22 March 2013.
A student who first entered the State or commenced their studies after 31 December 2004 is subject to the conditions of the New Regime for full time non-EEA students, which was published in September 2010 and has been in effect since 1 January 2011. It is available on the INIS website: www.inis.gov.ie. This policy stipulates that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum aggregate period of seven years. A student is responsible for managing their studies to ensure compliance with this time limit.
This aggregate period may consist of periods of study on language or non-degree level courses as well as degree level courses. However, it is a condition of the new regime that the maximum time a student may stay in Ireland for the purpose of attending courses at language or non degree level is limited to 3 years. In line with the new regime, it is permissible for students who come to Ireland on a language or non-degree programme course to enrol on a course on the degree programme but subject to the overall limit of 7 years not being exceeded. Courses under this programme must be listed on the Internationalisation Register. The person in question has exceeded the maximum 3 year period that a non EEA national is permitted to remain in the State to pursue a course of studies at language and non degree level.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
1236. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position regarding residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [38468/12]
Amharc ar fhreagraThe person concerned has had her leave to remain in the State renewed for a further three year period, to 20 July 2013. This decision was conveyed in writing to the person concerned by letter dated 17 August 2010. The children of the person concerned have been granted leave to remain in line with their mother. There is no provision for children under 16 years of age to be registered in their own right.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
1237. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position and-or expected residency status in the case of a person (details supplied) in Dublin 16; the further procedures required to regularise the position in respect of their four children, all born in this jurisdiction, two of whom have Irish passports; and if he will make a statement on the matter. [38469/12]
Amharc ar fhreagraThe person concerned was granted temporary permission to remain in the State on 28 June, 2005 for a two year period, under the revised arrangements applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. This permission was renewed in 2007 and again in 2010, and is currently valid until 28 June, 2013. The person concerned stated that she was the parent of two children born in the State in her IBC/05 application. However, while the Irish Naturalisation and Immigration Service (INIS) is not currently aware of the details of subsequent children born to the person concerned, I should add that a minor dependant child is covered by the permission granted to their parent once the child is resident with the parent in the State. On reaching the age of sixteen, such a child is required to register in their own right with the Garda National Immigration Bureau having obtained the permission of the Minister to do so.
I am advised by the Citizenship Division of INIS that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question. It is open to any individual to lodge an application for citizenship 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. The on-line Naturalisation Residency Calculator available on the INIS web-site at www.inis.gov.ie can be used as a guide to whether an individual satisfies the naturalisation residency conditions and, if not, give an indication of how long they should wait before making an application.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
1239. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected position regarding residency status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [38472/12]
Amharc ar fhreagraThe person concerned has had his leave to remain in the State renewed for a further one year period, to 5 September 2013. This decision was conveyed in writing to the person concerned by letter dated 4 September 2012.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
1240. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position with regard to residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [38476/12]
Amharc ar fhreagraThe person concerned was granted temporary permission to remain in the State on 9 December, 2005 for a two year period, under the revised arrangements applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. The permission was renewed in 2007 and again in 2010, and is currently valid until 15 November, 2013.
I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in March, 2012. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible.
As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State 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.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
1241. Deputy Gerry Adams asked the Minister for Justice and Equality the amount of money spent on an annual basis on education and training of staff in 2011 and to date in 2012; the number of staff that availed of each course; if he will provide a list of the courses staff undertook and the cost of each course per person. [38489/12]
Amharc ar fhreagraMeeting the learning and development needs of both the Department and its staff is primarily the responsibility of the Corporate Learning Unit (CLU). There are, however, a number of areas within my Department, such as the Probation Service and the Forensic Science Laboratory, which have their own Training Units because of their specialist training needs. Expenditure by CLU in 2011 was approximately €600,000 and, to date, for 2012 has been €240,000. The programme of training provided by CLU includes: formal classroom training within the Department, such as, a Middle Managers Development Programme, soft skills training, IT end-user training, health and safety training, etc; the attendance of staff on public courses, seminars and conferences, and refunds to staff under the Refund of Educational Fees Scheme.
I am advised that approximately 850 staff availed of this programme of training in 2011 and 380 to date in 2012, however, a breakdown of the information in the manner requested by the Deputy is not readily available and to provide such detail would require the allocation of a disproportionate and inordinate amount of staff time and resources.
1242. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of single-vehicle fatal and serious collisions since 2009; the number of these that involved learner drivers; the number of these learners that were driving unaccompanied or without L plates at the time; and if he will make a statement on the matter. [38537/12]
Amharc ar fhreagra1243. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of learner drivers without L plates displayed that were involved in a fatal or serious collision each year since 2009; and if he will make a statement on the matter. [38538/12]
Amharc ar fhreagraI propose to take Questions Nos. 1242 and 1243 together.
The Road Safety Authority (RSA) is the statutory body responsible for compiling, preparing, publishing and distributing collision statistics. I understand from the RSA that the following table illustrates the number of single vehicle fatal and serious injury collisions from 2009 to 2010, the latest date for which figures have been collated.
Table 1: The number of single vehicle fatal and serious injury collisions from 2009 to 2010
Single Vehicle
Fatal and Serious Injury Collisions
|
Year |
Fatal collisions |
Serious injury collisions |
Total |
|
2009 |
83 |
149 |
232 |
|
2010 |
77 |
122 |
199 |
|
Total |
160 |
271 |
- |
I am informed by the Garda authorities that Table 2 shows the total number of Learner Drivers recorded as having been involved in a fatal or serious injury road traffic collision from 2009 to date. Figures for the proportion of these instances which involved single vehicle collision only are not available and their compilation would involve a disproportionate amount of resources.
Table 2: Learner drivers involved in fatal and serious injury collisions for the period 2009 to 2012
|
Driver Licence Status |
Fatal Collision (drivers)* |
Serious Injury Collision (drivers)* |
|
Learner Unaccompanied |
45 |
83 |
|
Learner Accompanied |
8 |
15 |
|
Total |
53 |
98 |
* statistics provided are provisional, operational and liable to change
Table 3 illustrates the number of Learner Drivers (accompanied and unaccompanied) recorded as having been involved in a fatal or serious injury road traffic collision, by year, from 2009 to date.
Table 3: Learner drivers involved in fatal and serious injury collisions by year from 2009 to 2012
|
Year |
Fatal Collision Learner Driver* |
Serious Injury Collision Learner Driver* |
|
2009 |
23 |
30 |
|
2010 |
14 |
25 |
|
2011 |
11 |
25 |
|
2012 (to date) |
5 |
18 |
|
Total |
53 |
98 |
* statistics provided are provisional, operational and liable to change.
1244. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the results of the latest Garda national operation learner driver enforcement day on 5 July 2012; and if he will make a statement on the matter. [38539/12]
Amharc ar fhreagraThe Deputy will be aware that the Garda authorities have conducted three specific enforcement operations to date this year targeting learner drivers, under Operation Learner Driver, in conjunction with the Road Safety Authority and other relevant stakeholders (on 1/2 March, 19 April and 5 July, 2012). A substantial number of cautions and proceedings arose as a result of these initiatives.
The following table provides a combined breakdown of offences detected during the operation conducted on 5 July, 2012 (in some cases both offences were committed by the same driver).
Number of Learner Drivers Driving Unaccompanied and-or Without L-plates
Detected under Operation Learner Driver on 5 July, 2012
|
Number of Learner Drivers Checked |
Unaccompanied |
No L-plates |
Caution |
Proceedings commenced* |
|
1,246 |
322 |
250 |
276 |
172 |
* This figure is provisional, operational and liable to change.
1245. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of drivers involved in a fatal or serious road collision that were tested for alcohol from 1 January 2012 to 30 June 2012; the number of fatal or serious collisions that have occurred since January 2012 in which the drivers involved have not been tested for their alcohol level either at the crash scene, in the Garda station or in hospital and the reasons for not testing in all cases; and if he will make a statement on the matter. [38540/12]
Amharc ar fhreagraI have sought a report from the Garda authorities on the matter referred to and will write to the Deputy when the information is to hand.
1246. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected position with regards to residency status in the case of persons (details supplied) in County Monaghan; and if he will make a statement on the matter. [38566/12]
Amharc ar fhreagraThe person concerned is a failed asylum applicant. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30 March, 2010, that the then Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the then Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. In advance of a final decision being made, the case of the person concerned will be examined to determine what, if any, impact the European Court of Justice Judgment in the Zambrano case may have on her case. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
Queries in relation to the status of individual immigration cases may be made directly to the INIS 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.
1247. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if stamp 4 will be updated in the case of a person (details supplied) in Dublin 24.; and if he will make a statement on the matter. [38567/12]
Amharc ar fhreagraThe person concerned is a sibling of an Irish born child of non-EEA parents born in the State prior to 1 January, 2005. He was advised by the Naturalisation and Immigration Service (INIS) to register with the Garda National Immigration Bureau (GNIB) for permission to remain in the State on the basis of family dependency on 29 March, 2009. I am informed he did not attend to register with GNIB until 25 June, 2012. Due to the time lapse involved, his registration was not processed and he was advised to contact INIS with a view to regularising his status in the State. His application to do so was received on 2 July, 2012 and further documentation was requested by letter from him on 24 July, 2012. His response is currently being examined by the relevant officials in INIS and a decision will be communicated to him shortly.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
