Written Answers Nos 121-140
121. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he will report on the appointment of the next Dublin City Manager; if this position will be advertised in the national and international press and all relevant EU journals; his views on when the new manager will take up their position; and if he will make a statement on the matter. [6521/13]
Amharc ar fhreagraSection 145 of the Local Government Act 2001 deals with the appointment of city and county managers. The appointment of a manager is a reserved function of the elected council of a county or city council Such appointments are made by virtue of a recommendation of the Public Appointments Service (PAS) , and the process of recruitment is a matter for the PAS.
122. Deputy Shane Ross asked the Minister for Justice and Equality if he will intervene to regulate property management companies and to standardise fees, particularly in Dublin, to prevent unfair or exploitative charges; and if he will make a statement on the matter. [6385/13]
Amharc ar fhreagraThe primary purpose of the Multi-Unit Developments Act 2011 is to reform the law relating to the ownership and management of common areas of multi-unit developments and to facilitate the fair, efficient and effective management of owners' management companies (OMCs). These are bodies established for the management of such areas, the membership of which comprise the owners of residential units within the development.
As regards service charges, the position is that section 18 of the 2011 Act requires each OMC to establish and maintain a scheme of annual service charges to fund the costs of insurance, maintenance and other common or shared services. These service charges must be calculated on a transparent basis, be apportioned on an equitable basis between residential unit owners and be approved by the owners at a meeting of the OMC. In summary, the Act gives residential unit owners a direct role in determining the level of annual service charge, the level of services to be funded and the manner in which such services are to be provided.
I should add that section 18 also provides that each owner is under an obligation to pay annual service charges and that section 22 provides that unpaid service charges may be recovered by the OMC concerned as a simple contract debt in a court of competent jurisdiction, i.e normally the District Court.
123. Deputy Nicky McFadden asked the Minister for Justice and Equality if the application of upwards only rent clauses will be reviewed in view of the recent appointment of an examiner to B&Q and the possible closure of its store in Athlone, County Westmeath; and if he will make a statement on the matter. [6444/13]
Amharc ar fhreagra124. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views on a matter regarding upward only rents for businesses (details supplied); and if he will make a statement on the matter. [6571/13]
Amharc ar fhreagraI propose to take Questions Nos. 123 and 124 together.
As set out in my reply to PQ 469 of 22 January, the Deputy will recall that following extensive consideration of this matter, the Government announced in December 2011 that it had decided not to proceed with legislation to abolish upward only rent review clauses in commercial leases. There was a substantial concern that any legislative scheme involving interference in the contractual relationships of private parties would find it extremely difficult to survive a Constitutional challenge. In addition, the Government was advised that any model proposed would require the payment of compensation to landlords whose rights were infringed in order to ensure that the proposal would be compatible with the Constitution and with the European Convention on Human Rights. The Government was strongly of the view that payment of compensation to landlords in such circumstances could not be justified in the current economic climate. The Government has no plans to re-examine the decision not to proceed with such legislation at this time.
Although legislative intervention may not be feasible, NAMA is playing a role in dealing with problems caused by upward only rent reviews applying to NAMA properties. I have been advised that, by the end of 2012, the Agency had granted 212 applications for rent abatement with an aggregate annual value of €13.5 million. A further 56 applications are currently under review. Of the 276 eligible applications received to date only 8 have been refused representing a 97% approval rate by NAMA.
I would also mention that the Property Services (Regulation) Act 2011 provides for the establishment and maintenance of a Commercial Leases Database by the Property Services Regulatory Authority. This Database will assist in providing readily accessible, accurate information in order to determine the market rent payable in respect of comparable commercial properties. Work is underway to ensure that the Database will be operational at an early date.
Finally, I wish to highlight the existence of a rent review arbitration code which was drawn up by a group of experts whose membership was drawn from all stakeholders in the commercial property arena. The code, which can be found on www.justice.ie, provides a mechanism to deal with the resolution of rent review disputes in the commercial property sector. The effectiveness of the Code and the extent to which it is utilised by stakeholders will be reviewed and assessed over the next coming months.
125. Deputy Nicky McFadden asked the Minister for Justice and Equality if he will outline on a county basis the amount of money invested by his Department to purchase Garda vehicles in 2012 and to date in 2013; the number of vehicles that were purchased; if he will outline the equipment and technology those vehicles are equipped with; and if he will make a statement on the matter. [6456/13]
Amharc ar fhreagraDecisions in relation to the provision of Garda vehicles are a matter, in the first instance, for the Garda Commissioner in the context of his identified operational requirements and in the light of available resources. The Garda Commissioner is the Accounting Officer for the Garda Vote and I am advised by the Garda authorities that details of the costs associated with the provision of new Garda vehicles are not available on a county by county basis.
As the Deputy may be aware, a total of 213 new vehicles were purchased in 2012 on foot of an investment of €4 million. I am further informed that these vehicles, which are currently being rolled out to Garda Divisions throughout the country, are equipped with a varying range of technology to take account of the relevant Garda operational requirements, including state of the art communications equipment. A further provision of €5 million has been made available for the purchase and fit-out of Garda transport in 2013. This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. It is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to provide an effective and efficient policing service.
126. Deputy John O'Mahony asked the Minister for Justice and Equality if there is a national database to record the last will and testament made or if there any plans to establish same; and if he will make a statement on the matter. [6472/13]
Amharc ar fhreagraThe position is that the views of the Law Society on the desirability of establishing a registration of wills system were sought in 2005. The Society's Probate, Administration and Trusts Committee subsequently informed my Department that it did not favour the establishment of such a system for a number of reasons. Firstly, since the registration of wills would be voluntary, there might be very limited usage of such a service. Secondly, even where a will was registered, such registration would not guarantee the validity of the will if the statutory requirements in relation to signature, witnesses etc. had not been complied with, or if the will had been made under conditions of duress or undue influence. Moreover, there could be no guarantee that a registered will was in fact the final will of the testator concerned. In light of the foregoing, it is unlikely that any initiative to establish a system for registering wills in this jurisdiction would command the required level of support and involvement of the legal profession.
127. Deputy Peter Mathews asked the Minister for Justice and Equality if he will consider (details supplied) in respect of the closure of Stepaside Garda Station, County Dublin; and if he will make a statement on the matter. [6486/13]
Amharc ar fhreagraA decision in relation to the closing date for Stepaside Garda Station is a matter for the Garda Commissioner. I understand that this is being addressed by the Garda authorities in the light, inter alia, of the availability of alternative Garda accommodation. In that context, I understand that refurbishment work, which will provide additional accommodation and capacity at Dundrum Garda station, is currently underway. This work is expected to be completed shortly.
128. Deputy Eoghan Murphy asked the Minister for Justice and Equality the proposed timeline for the taking and completion of the Immigration, Residence and Protection Bill, if his attention has been drawn to improvements in the UK and whether or not these new structures might be adopted in Ireland, his views on a combined immigration and protection tribunal system, and other measures that might reduce the significant legal costs incurred in this area as a percentage of total costs as reported in the Refugees Appeals Tribunal 2011 Annual Report. [6515/13]
Amharc ar fhreagraWork on the details of the Immigration, Residence and Protection Bill 2010 is ongoing at my Department pursuant to current Government policy which is committed, under the Programme for Government, to "introduce comprehensive reforms of the immigration, residency and asylum systems, which will include a statutory appeals system and set out rights and obligations in a transparent way". The Bill provides, inter alia, for the introduction of a single application procedure for the investigation of all grounds for protection and any other grounds presented by applicants seeking to remain in the State and provides, in Part 7, for a Protection Review Tribunal. At the same time, in keeping with the commitment given in the Programme for Government, consideration is being given to a statutory appeals system in the immigration area and the model applied will be that considered most appropriate to this jurisdiction, including by reference to legal costs as raised by the Deputy.
As I have outlined previously to the Joint Committee on Justice, Equality and Defence, several hundred amendments to the Immigration Residence and Protection Bill are anticipated, the majority of a technical nature. On that occasion, I also expressed the considered view that instead of engaging in an extremely cumbersome process of tabling hundreds of amendments to the 2010 Bill it would be much more efficient to publish a new and enhanced text. Such an approach can incorporate the many anticipated amendments while addressing key outstanding issues, several of which have been of concern to Members, including that of a streamlined, single application procedure and that of an appropriate appeals procedure. This proposition was broadly welcomed by the Joint Committee. Work on the Bill continues, therefore, on that basis, including in cooperation with the Offices of Parliamentary Counsel and of the Attorney General while also taking account of any relevant rulings by the Courts. It remains my objective under this new approach, and mindful of our having to deal with the competing legislative demands of our EU/IMF/ECB Programme commitments, to be in a position to bring a revised Bill to Government for approval and publication later this year.
129. Deputy Mattie McGrath asked the Minister for Justice and Equality the number of patrol cars currently available to each of the Garda districts within County Tipperary; the Garda station they are based; the number of extra patrol cars that will be made available to each of the Garda districts within County Tipperary following the closure of five Garda stations in County Tipperary; the Garda stations these extra patrol cars will be based; and if he will make a statement on the matter. [6527/13]
Amharc ar fhreagraDecisions in relation to the provision and deployment of Garda transport are matters for the Garda Commissioner. Responsibility for the efficient deployment of official Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations, as required by operational circumstances.
The Deputy will appreciate that a degree of flexibility in allocating and re-allocating vehicles among stations, so as to best match the allocation of resources with policing priorities, is essential to the efficient management of the Garda fleet. As a consequence it is not practicable to provide a breakdown of Garda vehicles by individual station.
However, I am informed by the Garda authorities that there are currently 31 patrol vehicles allocated to the Tipperary Division and a breakdown by District is provided in the following table:
|
District |
Patrol vehicles |
|
Cahir |
7 |
|
Clonmel |
6 |
|
Nenagh |
5 |
|
Templemore |
5 |
|
Thurles |
7 |
|
Tipperary |
1 |
|
Total |
31 |
The Deputy will be aware that an additional 213 new vehicles were purchased in 2012 on foot of an investment of €4 million. These new vehicles are currently being rolled out to Garda Divisions throughout the country and I am informed by the Garda authorities that 25 of the vehicles are due to be allocated to the South Eastern Region, which includes the Tipperary Division.
In addition, a further provision of €5 million has been made available for the purchase and fit-out of Garda transport in 2013. This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. It is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to provide an effective and efficient policing service.
130. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he has received the report from An Garda Síochána that he sought in September 2012 with figures on the number of drivers involved in serious road traffic collisions in 2012; the number of those who were tested for alcohol; the number who were not tested and the reasons for not testing either at the scene, in the Garda station or in the hospital; and if he will make a statement on the matter. [6532/13]
Amharc ar fhreagraAs I indicated in my response to the Deputy on 13 January, to be of assistance, I have sought and received a full year set of figures for 2012 insofar as the Deputy's query is concerned. I am informed by the Garda authorities that between 1 January, 2012 and 31 December, 2012, there were 208 drivers recorded as being involved in a fatal collision and 403 in a serious injury collision. The following table illustrates the number of drivers who provided a preliminary breath sample at the scene of a fatal or serious injury collision during that period.
|
- |
Fatal Collision |
Serious Injury Collision |
|
Total no. drivers |
208 |
403 |
|
Total no. drivers provided a preliminary breath sample at collision scene |
80 |
144 |
I am further informed that analysis of incidents recorded show that 128 drivers involved in a fatal collision and 259 drivers involved in a serious injury collision were not tested at the roadside for a number of reasons. The following table sets out the reasons a preliminary breath sample was not taken at the roadside at the scene of a fatal or serious injury during the period 1 January, 2012 and 31 December, 2012.
|
Reason preliminary breath sample not taken at roadside |
Fatal Collision |
Serious Injury Collision |
|
Driver deceased |
74 |
- |
|
Driver taken to hospital |
35 |
136 |
|
Garda opinion - testing not required |
9 |
52 |
|
Medical grounds |
4 |
36 |
|
Insufficient time / Collision reported at Garda station |
2 |
5 |
|
Serious injury of driver |
1 |
12 |
|
Hit and run collision |
1 |
6 |
|
Gardaí unable to ascertain driver identity |
1 |
0 |
|
Sample to be taken at hospital |
1 |
4 |
|
Sample to be taken at Garda station |
0 |
3 |
|
No screening device available within allowed time (1 hour) |
0 |
3 |
|
Scene of collision not a public place |
0 |
1 |
|
Collision not investigated at scene |
0 |
1 |
|
Total no. drivers who did not provide a preliminary breath sample at collision scene |
128 |
259 |
I am advised that in respect of those drivers recorded as being involved in a fatal collision who were not tested at the scene of the collision, 14 drivers subsequently provided a blood/urine sample at the hospital and 3 drivers subsequently provided a sample at a Garda station. In total, 93 drivers are recorded as being tested either at the roadside, hospital, or Garda station.
I am also advised that in respect of those drivers recorded as being involved in a serious injury collision that were not tested at the scene of the collision, 48 drivers subsequently provided a blood/urine sample at the hospital and 10 drivers subsequently provided a sample at a Garda station. In total, 200 drivers were recorded as being tested either at the roadside, hospital or Garda station.
I am further advised by the Garda authorities that each collision can have a very contrasting set of circumstances and the preservation of life is paramount. In that regard, instructions have been issued to members of an Garda Síochána emphasising the mandatory requirement to breath test drivers at the scene of both fatal and serious injury collisions taking into account the particular circumstances arising in incidents of serious injury. I can also inform the Deputy that my colleague the Minister for Transport, Tourism and Sport and I have since received assurances from the Garda authorities that every effort is being made to ensure the relevant legislative provisions are fully complied with. These measures include communication with all Garda members through a series of instructions and Directives from Garda Headquarters as well as Monthly Tactical Assessments by Garda management on the level of compliance.
131. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if the 22 additional intoxilysers requested by the Garda in 2009 have been installed into the necessary stations nationally and if the 220 gardaí due for training in its use have completed the MBRS training; and if he will make a statement on the matter. [6533/13]
Amharc ar fhreagraAs outlined in my reply to Deputy yesterday, I am informed by the Garda authorities that there are currently 64 evidential breath testing (intoxilyser) machines allocated by the Medical Bureau of Road Safety (MBRS) to Garda stations nationwide. An Garda Síochána has requested an additional 22 intoxilyser machines from the MBRS. In that regard, the Garda authorities and the MBRS are preparing for the roll out of the additional machines during 2013. I have been informed by the Garda Commissioner that Evidential Breath Testing Training commenced in November, 2012 with training delivered to 141 Garda members. I have also been advised that such training is ongoing and will continue to be an ongoing requirement in the context of organisational considerations and the introduction of the additional intoxilyers.
132. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his views that there is a need for more roadside breathalysers in view of the fact that gardaí have stated recently that on occasions they were unable to carry out a roadside test at a serious collision scene due to the fact that a breathalyser was not available within the requisite period set out, under section 9 of the Road Traffic Act 2010, that is where a person may be detained for up to one hour for an apparatus to be made available to carry out the roadside test; and if he will make a statement on the matter. [6534/13]
Amharc ar fhreagraAs the Deputy will be aware, the Medical Bureau of Road Safety (MBRS), which is under the aegis of the Department of Transport, Tourism and Sport, has statutory responsibility for the testing, approval and supply of evidential breath testing machines and roadside breath screening devices to An Garda Síochána. I am informed by the Garda authorities that there are currently 1005 roadside breath screening devices allocated by the MBRS across all Garda Divisions, which are used to assist Garda members in forming an opinion on whether a driver has consumed intoxicating liquor in excess of the legal limit. I am assured by the Garda Commissioner that there are sufficient roadside breath screening devices to meet current Garda operational needs. Roadside breath screening devices are carried in Garda vehicles as appropriate and I am also assured the availability of devices is kept under constant review by senior Garda management in conjunction with the MBRS.
133. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 172 of 24 January 2012 in the case of a person (details supplied) in Dublin 22, if an examination of the submissions made on their file in 2005 has been undertaken in view of the fact that their child's birth certificate was then submitted; and if he will make a statement on the matter. [6549/13]
Amharc ar fhreagraThe original certificate was located in the relevant file and was returned to the person concerned on 4 February, 2013. A copy of the certificate has been associated with the application for a Certificate of Naturalisation submitted on behalf of her daughter. Processing of this application is ongoing and it will be submitted to me for decision as expeditiously as possible.
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.
134. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when residency status will be regularised and updated in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [6552/13]
Amharc ar fhreagraThe person concerned was granted temporary permission to remain in the State on 5 March, 2001 under the arrangements then in place for the non-EEA parents of Irish born citizen children. This permission was renewed on several occasions and is currently valid until 4 July, 2015. An application for a certificate of naturalisation was received from the person referred to by the Deputy in July, 2012. The application is 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.
135. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when residency and eligibility for naturalisation will be clarified in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [6553/13]
Amharc ar fhreagraThe person concerned is a failed asylum applicant. Arising 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 28th December, 2007, 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 then Minister setting out reasons why a Deportation Order should not be made against him. In addition, he was notified 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 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. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned. Given that the person concerned has no current right of residency in the State, the issue of an application for naturalisation does not arise at this 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.
136. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to residency status and/or eligibility for naturalisation in the case of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [6554/13]
Amharc ar fhreagraThe current position is that the person concerned has no immigration status in the State and consideration is being given to making a Removal Order in respect of her, pursuant to Regulation 20(1)(a)(iii) of the European Communities (Free Movement of Persons) Regulations 2006 and 2008. I can confirm that all relevant aspects of the case will be fully taken into consideration in reaching a final decision.
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.
137. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding determination of residency/eligibility for naturalisation in the case of a person (details supplied) in County Longford; and if he will make a statement on the matter. [6555/13]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the first named person in June, 2011. The application is 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. A letter issued to the person concerned on the 30th January 2013 requesting further information and documentation. Upon receipt of the requested documentation the application 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. It is open to any individual to lodge an application for a Certificate of Naturalisation when he or she is in a position to satisfy the statutory requirements.
The person concerned and his wife were granted temporary permission to remain in the State on 11 July, 2005 for a two year period, under the revised arrangement applicable to non-EEA national parents of Irish born citizen children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. This permission was renewed on several occasions and is currently valid until 11 July, 2013. Minor children under the age of sixteen who are in the care of non-EU national parents who have been granted permission to remain in the State under the IBC/05 Scheme, avail of the same permission to remain as that granted to their parents. When such minor children reach sixteen years of age they are obliged to register with the Garda National Immigration Bureau in their own right. One of the children of the person concerned has registered with the Garda National Immigration Bureau and has temporary permission to remain until 11 July, 2013.
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.
138. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status and eligibility for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [6556/13]
Amharc ar fhreagraI 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 July 2012. The application is 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 person referred to by the Deputy has permission to remain in the State until 28 June 2013.
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.
139. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to residency status and determination of eligibility for naturalisation in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [6557/13]
Amharc ar fhreagraThe person concerned is a failed asylum applicant. Arising 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 26th September, 2008, 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 then Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified 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 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. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned. Given that the person concerned has no current right of residency in the State, the issue of an application for naturalisation does not arise at this 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.
140. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to determination of residency status/eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [6558/13]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) that applications for a Certificate of Naturalisation were received from the persons referred to by the Deputy in July 2012. The applications are being processed with a view to establishing whether the applicants meet 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 persons referred to by the Deputy have permission to remain in the State until 23 May 2014.
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.
