Private Security Authority Remit

Ceisteanna (252)

Michael Creed

Ceist:

252. Deputy Michael Creed asked the Minister for Justice and Equality if he will clarify the law as it applies to the private security industry; the specific role and responsibility of the Private Security Authority; if his attention has been drawn to new regulations recently introduced by the Private Security Authority for the regulation of those involved in the provision of CCTV domestic and commercial security systems and so on; the associated costs for those in the Industry; and if he will make a statement on the matter. [49123/12]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

The Private Security Authority, established under the Private Security Services Act 2004 (as amended by the Civil Law (Miscellaneous Provisions) Act 2011) is the regulatory body with responsibility for regulating and licensing the private security industry in the State. The Authority is an independent body under the aegis of my Department and the administration of the Authority is vested in a Board whose membership includes industry representatives. The key responsibilities of the Authority are to licence and regulate those providing security services and to improve and maintain standards in the provision of these services.

I am informed that the Authority issues two types of licence, both of which are valid for a period of two years. Contractor Licences are required by companies, partnerships and sole traders. Individual Licences are required by all those working in the security sector within the State whether employed by a licensed contractor or directly by a business as in house security personnel.

Regulations were recently introduced to extend licensing to contractors providing security services installing CCTV and access control systems with effect from the 1st October 2012. In accordance with these regulations, all contractors installing and maintaining CCTV and access control systems must be in possession of the appropriate licence(s) or have an application lodged with the Authority. In order to obtain a licence, a contractor must prove compliance with national and European standards, be tax compliant and undergo criminal record checking.

The provision of a regulatory environment understandably leads to cost implications for the industry but the public and the industry itself both benefit from regulation. The Authority has made every effort to ensure that costs are kept to a minimum and has introduced an instalment payment option to assist contractors with paying for their licence. The PSA's licence fee structure is monitored by the Authority on a regular basis and I am advised that the Board of the Authority is, in fact, currently reviewing the licence fee.

The introduction of regulation to a previously unregulated industry will always present challenges for both the regulator and the industry. Since its establishment the Authority has brought about a fundamental change in the security industry through a standards based licensing system. The Authority is aware of the difficulties faced by the industry at this time and continues to seek ways of easing the burden of regulation while at the same time meeting its statutory obligations.

Proposed Legislation

Ceisteanna (253)

Noel Harrington

Ceist:

253. Deputy Noel Harrington asked the Minister for Justice and Equality his legislative plans to provide for periodic payments in catastrophic injury cases following the recommendation of the High Court working group that legislation would be introduced to provide for periodic payments; and if he will make a statement on the matter. [49165/12]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I refer the Deputy to my reply to Questions Nos. 466 and 484 of 23 October 2012 in which I said the following:

The Programme for Government includes a commitment to introduce legislation to facilitate courts making provision for structured settlements in circumstances where lump sums are currently awarded as a consequence of individuals suffering catastrophic injury because of the negligence of another.

The High Court Working Group Report on Periodic Payments recommended in October 2011 that legislation be enacted to empower the courts, as an alternative to lump sum awards, to make consensual and non-consensual periodic payments to compensate injured victims in cases of catastrophic injury where long term permanent care and treatment will be required. The Working Group also recommended that periodic payment orders should only be made where the court is satisfied that continuity of payment under the periodic payments order is reasonably secure.

The successful operation of a statutory scheme for periodic payments requires the establishment of a financial infrastructure to ensure that continuity of payment is secure. In this regard the Working Group recommended that the State, through the agency of the National Treasury Management Agency, be empowered to provide injured victims with the necessary security for periodic payments either by the provision of annuities to insurers and others or in such other manner as may be appropriate. Alternatively it was recommended that consideration be given to the introduction of a statutory scheme whereby payments made under periodic payment orders will be statutorily protected and guaranteed. The NTMA has concluded an actuarial review on the feasibility and cost-effectiveness of the State acting as an annuity provider to insurers and indemnity providers in personal injury actions to enable compliance with the security of payment principle. The NTMA report is being considered in consultation with the Minister for Finance with a view to the development of legislative proposals.

Departmental Expenditure

Ceisteanna (254)

Seán Fleming

Ceist:

254. Deputy Sean Fleming asked the Minister for Justice and Equality the gross and net additional expenditure savings that his Department is seeking to achieve in 2013; and if he will make a statement on the matter. [49245/12]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

These matters are currently under discussion with the Department of Public Expenditure and Reform and as the Deputy is aware, details of the Estimate provision for my Department will be published in conjunction with the forthcoming Budget.

Departmental Bodies

Ceisteanna (255)

Niall Collins

Ceist:

255. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide in a tabular form the total list of quasi-governmental organisations and agencies under his remit; if he will provide a list of quasi-governmental organisations and agencies under his remit that have been abolished since March 2011 or are scheduled to be abolished and the date on which they are due to be abolished; the date on which the body was created; the name of the body; the 2012 budget for the body; the number of employees of the body in 2012; the names of any outside consultants hired by the organisation since March 2011 and what future plans he has for the body. [49316/12]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I can inform the Deputy that the information he requested is set out in the table below and in the associated footnotes. There are no quasi-Governmental organisations under my remit. Information regarding the hiring of outside consultants on the part of An Garda Síochána could not be provided in the time allowed. As soon as this information becomes available, it will be forwarded directly to the Deputy.

Name of Agency under Remit of Department

Date of Establishment

Number of Staff (2012)

Budget for 2012 (€)

Outside Consultants hired by Agency since March 2011

Reason Consultants Hired

Censorship of Publications Board

16 July, 1929

0

nil

none

n/a

Censorship of Publications Appeal Board

1946

0

nil

none

n/a

Classification of Films Appeal Board

16 July 1923

9

nil

none

n/a

Commissioners of Charitable Donations and Bequests (1)

1844

6

440,000

none

n/a

Commission for the Support of Victims of Crime

April, 2005

Nil

1,162,000

Nil

-

Courts Service

9 November, 1999

933

Expenditure 107,000,000

Income 52,000,000

Punter Southall

Hewitt Associates Ltd.

Achilles Procurement Services

Investment Consultants

Investment Advisory Services

Advice on Procurement

Criminal Injuries Compensation Tribunal

8 May, 1974

3.8

Pay 221,000

Non-pay 4,016,000

none

n/a

Criminal Law Codification Advisory Committee (2)

1 February 2007

Nil

No expenditure has been incurred on this project since 2010

Nil

-

Equality Authority (3)

1999

34 staff with 33.1 (w.t.e.)

2,984,000

DHKN

DHKN

Andrew Doyle Safety Consultants

Eneclann Ltd.

Review of Internal Financial Control Procedures Manual

Risk Register Management Process

Health & Safety Consultancy

Record Management Services

Equality Tribunal (4)

1999

28 staff with 26.5 (w.t.e)

2,225,000

Nil

n/a

Forensic Science Laboratory (5))

1975

86 FTEs; 95 staff

9,100,000

Stratigos,

Mc Geough

Business Process improvement.

Relationship and communication

Garda Síochána

1922

13,505

1,445,000,000

Not available in requested time

-

Garda Siochana Complaints Board (6)

1987

2

220,000

None

-

Garda Síochána Complaints Appeal Board (7)

1987

-

n/a

-

-

Garda Síochána Ombudsman Commission

10 February, 2006

79

8,731,000

None

-

Garda Síochána Inspectorate

28 July 2006

7

1,200,000

Christopher Fox

Provision of advice on the rationalisation of senior management positions in the Garda Siochana.

Human Rights Commission(3)

2001

10

1,425,000

Nil

n/a

IFCO (formerly Office of Film Censor)

16 July 1923

15

845,000

none

n/a

Independent Commission for the Location of Victims Remains

May 1999

n/a

1,057,821

n/a

n/a

Independent International Commission on Decommissioning (8)

September 1997

n/a

n/a

n/a

n/a

Independent Monitoring Commission (9)

January, 2004

n/a

n/a

n/a

n/a

Irish Prison Service (10)

1999

3,427.1

317,875,000

Dr Michael Farrell

Archaeological Management

Messrs Joseph G Byrne & Sons

McCann Fitzgerald Solicitors

Gartner Ireland Ltd

Review of Drug treatment in Prison

Advise in Assessing Tender

Actuary Report for Doctor Post

Procurement Advices

ICT Advice

Legal Aid Board (11)

11 October, 1996

366

32,922,000

1. PAPS Public

2. Seamus O’Dwyer

1. Pensions advice

2. Pensions advice

Mental Health Criminal Law Review Board

September, 2006

3

477,000

Dr. Ann Leader

Dr. Robert Daly

Dr. Maria Romanos

Dr. Sean O'Domhnaill

To provide an independent psyschiatric report on patients detained in the Central Mental Hospital

National Disability Authority

12 June, 2000

31.9 WTE

4,550,000

SMP Design;

MHC Solicitors; Mazars; Dr R Ibofen

H&S and fire evacuation, legal advice, facilitation support in developing Strategic Plan, and specialised ethical expertise.

Office of the Data Protection Commissioner

1988

22

1,458, 000

One consultant Financial Technology Risk Solutions Ltd

Technical expert required as part of audit work.

Office of the Inspector of Prisons

April 2002

4

413,000

n/a

n/a

Office of the Refugee Applications Commissioner

November, 2000

97 WTE

2011 outturn

6,626,000

No

n/a

Parole Board

April, 2001

3.5

344,000

n/a

n/a

Private Security Authority

28 October, 2004

36

2,343,000

Lowers and Associates, 45/47 Cornhill, London, EC3V 3PF

Technical Advice and Risk Assessment services to the Private Security Authority (PSA) relating to the statutory licensing of the Cash in Transit sector of the Irish Private Security Industry.

Probation Service

Set up under 1907 Act

400.3

40,171,000

n/a

n/a

Property Registration Authority

Land Registry and Registry of Deeds

2006

1892 and 1708

547

32,661,000

2011 - COA Solutions Ltd

Daniel O'Brien

Tribal Consulting Ltd

2012- Daniel O'Brien

Enterprise Registry Solutions Ltd

Consultancy re Virtualisation

Design work on Annual Report

ICT Security Audit

Design work on Annual report

Web service Development and Design

Property Services Regulatory Authority (12)

3 April, 2012

7.5

728,000

none

n/a

Refugee Appeals Tribunal (13)

November, 2000

41 WTE

2011 outturn

6,693,000

No

n/a

State Pathologist's Office

1974

8

3,491,000

n/a

n/a

Footnotes :

(1) Under the Charities Act 2009, the CCDB and its functions are to be subsumed into a new Charities Regulatory Authority. However, the implementation of the Charities Act 2009 and the establishment of the Charities Regulatory Authority has been deferred for budgetary reasons.

Date of abolition: As outlined above, the implementation of the Charities Act 2009 has been postponed, due to financial constraints. It is not possible at this stage to give a date for the implementation of the Act.

(2) The Criminal Law Codification Advisory Committee submitted a first draft partial code to the Minister in 2010 and work was subsequently suspended on the project while the Minister undertook a review of the project. The Minister intends to bring proposals to Government shortly in relation to the project.

(3) The Equality Authority and the Human Rights Commission are in the process of being merged to form the new Irish Human Rights and Equality Commision as a result of the Government Decision of 8 September 2011.

(4) The Equality Tribunal will transfer to the Dept. of Jobs, Enterprise and Innovation with effect from 1 January 2013 to form part of the proposed Workplace Relations Commission as part of the reform of the State’s Employment Rights and Industrial Relations Structures and Procedures as outlined by Minister Bruton in June 2011.

(5) The Forensic Science Laboratory will be brought under the ambit of the State Laboratory. Measure to be implemented by end 2013.

(6) The Garda Síochána Complaints Board and the Garda Síochána Complaints Appeals Board are to be abolished once their mandate is completed. The Complaints Boards final tribunal was held in February 2010. However, the Board needs to be maintained until such time as any legal challenge to their findings may be mounted has passed. The Boards members’ term of office will come to an end in accordance with the amendment to the 1986 Act, as provided in Section 45 of the Criminal Justice Act,2007. Once the 1986 Act is repealed, the Boards will cease to exist.

(7) There are 3 members of the Garda Síochána Complaints Appeals Board. However, as the hearing of the Complaints Board's final tribunal has already been held the Garda Síochána Complaints Appeal Board has completed its workload. The current term of office for the members of the Garda Síochána Complaints Appeal Board ends on 15 December 2013 in any event.

(8) The Independent International Commission on Decommissioning (IICD) was responsible for overseeing the decommissioning of paramilitary weapons. It was established by an agreement between the Irish and British Governments, signed on 26 August 1997, and by legislation enacted in the two jurisdictions. It was dissolved on 31 March 2011.

(9) The Independent Monitoring Commission (IMC) was responsible for monitoring and reporting on paramilitary activity across Ireland and also for monitoring the security normalisation measures undertaken by the British Government in the North. It was dissolved on 31 March 2011.

(10) Prisons Authority Interim Board was abolished in July 2011.

(11) The Legal Board was set up on an administrative basis in 1979 and established as a statutory body on 11 October, 1996. It incorporates the Family Mediation Service with effect from 1 November 2011.

(12) The Property Services Regulatory Authority was set up on a non-statutory basis on 10 October, 2005 and established as a statutory body on 3 April, 2012.

(13) As part of the reform of the asylum system, the Immigration, Residence and Protection Bill 2010 provides for the establishment of a single protection procedure and a new appeals body which will replace both the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal.

Private Security Authority Inspections

Ceisteanna (256)

Damien English

Ceist:

256. Deputy Damien English asked the Minister for Justice and Equality if he will provide in tabular form the total number of inspections by the Private Security Authority to ensure that a person or contractor licence is in place in 2009, 2010, 2011 and to date in 2012; the number of compliant inspections; the number of cases brought and the number of convictions as a result of these cases; the total cost of these inspections for each year; and if he will make a statement on the matter. [49367/12]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

The Private Security Authority (PSA), an independent agency under the remit of my Department, is the regulatory body with responsibility for regulating and licensing the private security industry in the State. While the Authority has provided the statistical information requested, which is set out in tabular form below, the Deputy might wish to note that much of the data for 2009 is not readily available and could not be compiled without a disproportionate use of staff resources.

Contractor Enforcement Details 2009 to 2012 (to date)

-

2009

2010

2011

2012

Number of Inspections of Contractors

N/A

83

72

82

Number of Compliant Inspections

N/A

57

46

57

Number of Court Prosecutions for unlicenced Contractors

6

4

1

2

Number of Convictions

6

3

0

2

Individual Enforcement Details 2009 to 2012 (to date)

-

2009

2010

2011

2012

Number of Inspection Locations

N/A

85

101

97

Number of Compliant Inspections

N/A

79

97

94

Number of Court Prosecutions for unlicensed Individuals

1

3

9

2

Number of Convictions

1

3

9

2

The Deputy might also wish to note that, during the last four years, the PSA has revoked a total of ninety-one (91) licences. The PSA makes every effort to ensure that its costs are kept to a minimum and the Authority monitors its expenditure on an ongoing basis. The cost of enforcement for the PSA was as follows:

Cost of Enforcement

2009

2010

2011

2012 (to date)

N/A

€748,807

€ 633,853

€360,841

Asylum Applications

Ceisteanna (257)

Bernard Durkan

Ceist:

257. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 1217 of 18 September 2012, if the notification of deportation proposal taken on 29 January 2008 or at an earlier date, 30 September 2005, if the applicant made subsequent representations arising therefrom the current status of any such representations; and if he will make a statement on the matter. [49379/12]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person concerned was notified of the then Minister's proposal to make a Deportation Order in respect of him by letter dated 30th September, 2005. The person concerned was later notified, by letter dated 6th April, 2011, of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned has lodged an application for Subsidiary Protection and has also submitted a number of representations in support of his case to remain in the State. The application for Subsidiary Protection will be considered first. In the event that this application is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3 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. I thank the Deputy for bringing the matter to my attention and am happy to clarify the position as set-out above.

Residency Permits

Ceisteanna (258)

Bernard Durkan

Ceist:

258. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 171 of the 20 September 2012, if he will have regard to the situation now arising and any likely developments in the case of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [49380/12]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I refer the Deputy to my reply below to Parliamentary Question Number 39980/12 of 20th of September, 2012. The situation is unchanged since then.

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was granted permission to remain for a period of five years on 12 January, 2010 on the basis of being the spouse of an EU citizen, who was residing in the State and was exercising her EU Treaty Rights.

The grounds under which she was granted permission to remain in the State no longer apply, as her EU spouse is no longer residing in this State exercising his EU Treaty Rights. Therefore, the permission to remain which was granted under the provisions of Directive 2004/38/EC and European Communities (Free Movement of Persons) Regulations 2006 and 2008 has now been revoked.

On 6 October, 2011 the person was informed that her permission to remain was now revoked. The matter is now being considered by the Removals Section of INIS under Regulation 20 (1) (a) of the European

Communities (Free Movement of Persons Regulations) 2006 and 2008.

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.

Naturalisation Applications

Ceisteanna (259)

Bernard Durkan

Ceist:

259. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in determination of naturalisation procedures in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [49381/12]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I am advised by 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.

Residency Permits

Ceisteanna (260)

Bernard Durkan

Ceist:

260. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected status, or both, in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [49382/12]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

The person concerned had her leave to remain in the State renewed for a further three year period, to 25th April, 2014. This decision was conveyed in writing to the person concerned by letter dated 20th April, 2011. This position still obtains.

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.

Naturalisation Applications

Ceisteanna (261)

Bernard Durkan

Ceist:

261. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the eligibility for naturalisation or residency on a temporary basis arising from work permit in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [49383/12]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I am advised by 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 September, 2011.

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. The applicant made an application for a Without Condition As To Time endorsement (Stamp 5) on the 8 April 2009. The endorsement was granted and returned to the applicant on the 15 April 2009. The endorsement permits the holder to work without a work permit and to operate a business without the permission of the Minister, once it is registered with the Garda National Immigration Bureau. The endorsement is valid for the remainder of the duration of the passport. In this case, the 2 June 2016.

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.

Residency Permits

Ceisteanna (262)

Bernard Durkan

Ceist:

262. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress, if any that has been made in the determination of eligibility for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [49384/12]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

There is currently no application pending in my Department for residency in the case of the person whose details were supplied. If an application for asylum has been made by the person concerned, the Deputy will be aware that it is not the practice to comment on applications that are pending. Applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister on whether such status should be granted. All applications for refugee status are considered on their individual merits on a case by case basis having regard to the subjective and objective elements of the claim.

Naturalisation Applications

Ceisteanna (263)

Bernard Durkan

Ceist:

263. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to determination of eligibility for naturalisation in the case of a person (details supplied) in County Louth [49385/12]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

Officials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question. Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must - be of full age; be of good character; have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years; intend in good faith to continue to reside in the State after naturalisation; have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows (i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and (ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.

A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.

Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons. 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.

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.

Residency Permits

Ceisteanna (264)

Bernard Durkan

Ceist:

264. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will confirm that his Department or the INIS have received documentary evidence requested by way of communication from this office dated 2 October 2011 in the case of a person (details supplied) in Dublin 15 to facilitate determination of their residency application under the Zambrano judgement; when he expects a decision to be made in the case; and if he will make a statement on the matter. [49386/12]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

The 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 29th September, 2008, 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 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, including those relating to the possible relevance of the Zambrano Judgement to the case of the person concerned, 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. I can confirm for the Deputy that his correspondence dated 2nd October, 2012, and accompanying documentation, has been received in my Department. This has been associated with the case file of the person concerned and will be considered at the appropriate time.

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.

Naturalisation Applications

Ceisteanna (265)

Bernard Durkan

Ceist:

265. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when Stamp 4 will be updated and naturalisation considered in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [49387/12]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person in question has permission to remain in the State on Stamp 4 conditions until 13 November 2016 on the basis of her marriage to an Irish national. Detailed information surrounding any possible entitlement to Irish Citizenship through the Naturalisation process in respect of the person concerned can be obtained from the INIS website at "www.inis.gov.ie". It remains open to the person concerned to make an application for Irish Citizenship under the Naturalisation process should they feel that they meet the requirements for same.

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.