Written Answers Nos. 184-194
184. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in 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. [42542/12]
Amharc ar fhreagraThe person concerned was granted temporary permission to remain in the State in 2002, under the arrangements then applicable to the non-EEA parents of Irish born children. This permission was renewed on a regular basis by the Garda National Immigration Bureau (GNIB) and is valid currently valid until 28 January, 2014.
I am advised by the Citizenship Division of INIS that there is no record of an application for a certification of naturalisation having been received from the person referred to in the Deputy's question.
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.
185. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to residency and or naturalisation in the case of a person (details supplied) in Dublin 3; and if he will make a statement on the matter. [42543/12]
Amharc ar fhreagraArising from the refusal of his 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 7 April, 2004, that the then Minister proposed to make a Deportation Order in respect of him. He 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 Minister setting out the reasons why a Deportation Order should not be made against him.
The position in the State of the person concerned will now 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. 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.
186. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in regard to residency and or naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [42544/12]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy has no application pending for residency. The person concerned is the subject of a Deportation Order signed on 4 November 2011, following a comprehensive and thorough examination of her asylum claim and of her application to remain temporarily in the State. She has been evading her deportation since 29 November 2011 and should she come to the notice of the Garda authorities, she would be liable to arrest and detention. She should, therefore, present herself to the Garda National Immigration Bureau without any further delay.
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.
187. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will provide a breakdown of the average cost for a 12 month period for keeping a Garda station open in a rural village, that is, only the additional costs involved such as electricity, general maintenance and so on; if he will provide a projected estimated average cost of what it will take to keep that same Garda station closed, that is, there are still the same fixed maintenance costs in view of the fact that these buildings cannot be sold as there would be no purchasers for them and they cannot be left to fall into disrepair; and if he will make a statement on the matter. [42554/12]
Amharc ar fhreagraThe Garda Commissioner is the Accounting Officer for the Garda Vote and I have been informed by the Garda authorities that the average maintenance and utility cost of a rural Garda station would be in the range Euro 2,500 to Euro 3,000. The Deputy will appreciate that the costs involved will vary from station to station and they will be significantly increased if refurbishment is required.
With regard to the closure of a station, I would stress that the key objective involved is to promote the more efficient and effective deployment of resources rather than to secure cash savings. In this context the Commissioner has concluded in relation to certain stations that Garda resources could be better deployed and more effectively used on the front line if the stations no longer had to be staffed and maintained.
The Deputy will appreciate that once a Garda station has been vacated responsibility for the maintenance of the premises is assumed by the Office of Public Works. That Office has indicated that it will contact the Deputy directly in relation to the maintenance costs involved.
188. Deputy Brian Stanley asked the Minister for Justice and Equality if his Department works with local authorities in the delivery of services; and if so, the details of same. [42566/12]
Amharc ar fhreagra191. Deputy Brian Stanley asked the Minister for Justice and Equality if his Department engage with local authorities in the provision of services and if so the details of same. [42587/12]
Amharc ar fhreagraI propose to take Questions Nos. 188 and 191 together.
I can advise the Deputy that my Department co-operates with local authorities in the delivery of various services, the details of which are set out below:
Coroner's Service
The Minister has overall policy responsibility for the Coroner Service, which is delivered by individual coroners in conjunction with local authorities who are responsible for the funding of the service. However, it should be noted that the coroner is not an officer of, or in the service of, the local authority and is an independent, quasi-judicial office holder responsible for the investigation of sudden or unexplained deaths.
Immigration Service
My Department has grant-aided a number of local authorities to assist them in promoting the integration of immigrants in their communities. Over €3.3 million has been allocated since this funding line commenced in 2008. My Department also works with local authorities, including through the provision of grants where appropriate, to assist them in meeting the needs of programme refugees resettled in their area.
Probation Service
Community Service is a sentence imposed by the Court as a direct alternative to custody and is served by an offender in the community under the direction of the Probation Service. The Community Service Graffiti Removal and Site Rehabilitation Project operates in partnership with South Dublin County Council, Dún Laoghaire- Rathdown County Council, Dublin City Council, Cork City Council, Fingal County Council and Galway City Council. Community service projects, where there are linkages with local authorities, also extend to beach cleaning, pathway clearing, work in a dog pound and house maintenance.
The Probation Service is represented on the Multi Agency Group on Homeless Sex Offenders (MAG) which operates under the Dublin Regional Homeless Consultative Fora chaired by Dublin City Council. MAG aims to address the challenges of sex offender resettlement and works with the full support of the four Dublin local authorities.
To aid the transition from custody into homeless/housing services, the Probation Service is a cosignatory to a recently agreed protocol involving the four Dublin local authorities, the Irish Prison Service, the HSE and the Department of Social Protection. This co-operation between the agencies is what secures the Homeless Persons Unit Inreach Service (HPU) (provided by the Department of Social Protection) into Prisons. The interface with the HPU is part of ongoing client work in both prisons and the community. In a similar vein, protocols are currently being developed for piloting between Louth County Council, Department of Social Protection, the Irish Prison Service and Probation Service in support of prisoner throughcare in County Louth.
Traveller Support
Since 2006 Traveller Interagency Groups (TIGs) have been established under each County Development Board (CDB) to coordinate the efforts of state agencies and other stakeholders. The aim of these groups is to develop effective coordination of actions and delivery of services among agencies. The Traveller Policy Unit in my Department is monitoring progress and supporting the dissemination of good practices in implementing the interagency approach.
189. Deputy Brian Stanley asked the Minister for Justice and Equality his plans to close any rural Garda stations in County Laois. [42574/12]
Amharc ar fhreagraThe Garda Commissioner is currently engaged in an assessment of the potential for improved efficiencies in the structure and organisation of the Garda Síochána as part of the preparation of the draft policing plan for 2013, which under the Garda Síochána Act 2005 is due to be submitted to me by the end of October this year.
While I expect that the policing plan for 2013 will contain proposals for the further rationalisation of Garda stations and Districts, it would be premature, in advance of its submission, to speculate on specific measures which it might contain.
190. Deputy Brian Stanley asked the Minister for Justice and Equality in view of the fact that, currently, Garda cars with 300,000 kilometres on them are taken off the road, if he will consider retaining them and deploying them to rural Garda stations that currently have no Garda car. [42575/12]
Amharc ar fhreagraDecisions in relation to the provision and deployment of Garda transport are matters for the Garda Commissioner.
I am informed by the Garda authorities that it is a priority that all Garda operational vehicles fully meet the safety requirements of both Garda personnel and members of the public. This is a function which is undertaken in accordance with strict standards set by the vehicle manufacturers.
I understand from the Garda authorities that the relevant manufacturers have indicated that, for safety reasons, patrol cars should be withdrawn from service when the odometer reading reaches 300,000 kilometres. Accordingly, this is the operational policy that is applied by the Garda authorities.
192. Deputy Brian Stanley asked the Minister for Defence if his Department works with local authorities in the delivery of services; and if so, the details of same. [42559/12]
Amharc ar fhreagra193. Deputy Brian Stanley asked the Minister for Defence if his Department engage with local authorities in the provision of services and if so the details of same. [42580/12]
Amharc ar fhreagraI propose to take Questions Nos. 192 and 193 together.
My Department and the Defence Forces engage and work with local authorities in a number of areas, primarily in the area of emergency response.
Whilst the Defence Forces are not a Principal Response Agency, as defined in the Framework for Major Emergency Management, they provide assistance in an Aid to the Civil Authority (ATCA) role under the multi-agency Framework. Representation on the Government Task Force on Emergency Planning, by both my Department and the Defence Forces, ensures the fullest coordination and cooperation with the local authorities in the event of an emergency.
All assets, resources and capabilities of the Defence Forces throughout the country are made available to assist the local authorities when called upon. This has been evident in past flooding and severe weather emergencies when services from the Defence Forces have been requested by various local authorities.
The Defence Forces also supply fire fighting support to the local authorities in the event of forest and gorse fires when resources at local level prove insufficient.
My Department provides an annual Grant-in-Aid to the Civil Defence Board to enable the Board to support the delivery of Civil Defence services at local level through the local authorities. In 2012, this grant amounted to €5.585m. and a large proportion of this is distributed to local authorities in the form of grants, vehicles, personal protective equipment, and equipment for use in rescue and flood relief situations.
194. Deputy Pat Breen asked the Minister for Agriculture; Food and the Marine the reason for a decision regarding single farm payments in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [42358/12]
Amharc ar fhreagraThe position relating to the re-calculation of Single Payment entitlements following this Department’s Land Parcel Identification System (LPIS) Review of Commonage Parcels is as follows: the re-calculation of entitlements was undertaken under the provisions of Article 81 (3) of Commission Regulation (EC) No 1122/2009. It only applied to eligible commonage claimants, who satisfied the following criteria.
(i) Was declaring a commonage parcel, which was subject to the 2009 to 2010 LPIS Commonage Review.
(ii) The total reference area of commonage parcel was reduced as a result of the Review.
(iii) The applicant’s claimed area for the commonage was greater than his or her share of the reduced reference area.
(iv) The applicant was entitled to a re-calculation of his or her payment entitlements as the requirements of Article 81 (3) were met.
Article 81 (3) of Commission Regulation (EC) No 1122/2009 is as follows:
3. Where, for the purposes of paragraphs 1 and 2, it is established that the number of the entitlements allocated to a farmer in accordance with Regulation (EC) No 795/2004 or Regulation (EC) No 1120/2009 is incorrect, and where the unduly allocation has no impact on the total value of the entitlements the farmer received, the Member State shall recalculate the payment entitlements and where appropriate correct the type of the entitlements allocated to the farmer.
However, the first subparagraph shall not apply if the errors could reasonably have been detected by the farmers.
It is clear from the above that the re-calculation of entitlements can be undertaken if the area reduction would have had no impact on the total value of entitlements allocated i.e. if the reduced area was sufficient to carry the level of Premia payments made to an applicant during one or more of the years during the 2000 to 2002 SPS reference period. However, in the case of the person named, as the reduced area was not sufficient to enable the person named to have benefited from the full Premia payments made, the person named does not qualify for a re-calculation under the provisions of the EU Regulation.
It should be appreciated that the re-calculation of entitlements only applied to claimants, who declared commonage land, which formed part of the 2009/2010 LPIS Commonage Review. It did not apply to non-commonage land. In addition, it can no longer be applied to commonage land, as applicants are fully aware of the need to exclude ineligible land from their area declarations.
