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Thursday, 13 Jun 2013

Written Answers Nos. 117-125

Legal Matters

Ceisteanna (117)

John McGuinness

Ceist:

117. Deputy John McGuinness asked the Minister for Justice and Equality further to Parliamentary Question No. 429 of the 26 March 2013, if the report from the Commissioner is now available. [28404/13]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that a reply to his question from 26 March, 2013, in relation to costs of judicial reviews in the firearms licensing area, is being finalised currently. It is hoped to reply fully in the near future when the most up to date information is available.

Naturalisation Applications

Ceisteanna (118)

Finian McGrath

Ceist:

118. Deputy Finian McGrath asked the Minister for Justice and Equality the position on naturalisation in respect of a person (details supplied) in Dublin 5. [28408/13]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) that applications were received from the parents of the family referred to by the Deputy in May 2011 and June 2012 respectively.

Section 15 of the Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant a certificate of naturalisation provided certain statutory conditions are fulfilled. One such condition is that the applicant intends in good faith to continue to reside in the State after naturalisation. In regard to the first application, as the person referred to by the Deputy did not confirm on her application form that she intended to reside in the State after naturalisation, one of the statutory conditions for naturalisation, her application was deemed ineligible. The person concerned was informed of this in a letter dated 26 May 2011.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the prescribed statutory requirements.

The application of the other parent has entered the final stage of processing and I intend to grant citizenship. Letters have issued to this person asking them to submit the prescribed fee and other documents. Upon receipt of the fees and documentation, the case will be finalised. The person concerned will be invited in due course to attend a citizenship ceremony, at which they will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive their certificate of naturalisation.

The 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 third person named 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.

It is open to this person, who is now over the age of 18 years, to lodge an application in her own right if and when she is in a position to satisfy the statutory requirements.

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 (119)

Bernard Durkan

Ceist:

119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of an application for renewal of residency status in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [28414/13]

Amharc ar fhreagra

Freagraí scríofa

The person concerned was granted a right of residency in the State in June, 2005, based on her parentage of an Irish born minor citizen child, born in the State before 1 January, 2005. This permission was subsequently renewed and the person concerned, through her legal representative, has applied for a further renewal of that permission.

Given that doubts exist as to the true identity and nationality of the person concerned, a representative of the Irish Naturalisation and Immigration Service has, in recent days, written to the person concerned requesting the submission of certain items of documentation and information. Upon receipt of the requested documentation and information, the position in the State of the person concerned will be further considered.

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 this 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.

Visa Applications

Ceisteanna (120)

Bernard Durkan

Ceist:

120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date on an application for a visa in the case of a person (details supplied); and if he will make a statement on the matter. [28440/13]

Amharc ar fhreagra

Freagraí scríofa

The visa application referred to by the Deputy was received in the Visa Office, Abuja on 23 April 2012. A decision has been made in this case and the person concerned will be notified shortly.

Queries in relation to general immigration matters 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.

Garda Recruitment

Ceisteanna (121)

Tom Fleming

Ceist:

121. Deputy Tom Fleming asked the Minister for Justice and Equality if he will consider lifting the embargo on new Garda recruits in view of the fact that individuals and families are now living in fear in rural, isolated areas and the fact that a large number of gardaí retired in the recent past, the recent closure of rural Garda stations and the proposed closure of additional Garda stations; and if he will make a statement on the matter. [28443/13]

Amharc ar fhreagra

Freagraí scríofa

I am in discussion with my colleague, the Minister for Public Expenditure and Reform, regarding recruitment to An Garda Síochána and I intend to bring proposals to Cabinet in the near future.

The allocation of all resources, including personnel, within the Force rests with the Garda Commissioner, in consultation with his senior management team. Resource levels are constantly monitored, in conjunction with crime trends and other demands made on An Garda Síochána. The situation is kept under continuing review to ensure optimum use is made of these resources and the best possible Garda service is provided to the public.

The Garda Commissioner has stated that following the closure of a number of Garda stations and the amalgamation of 30 Garda districts, the revised structures will continue to support the Garda community philosophy through the clustering of services at policing hubs. This centralisation of services will facilitate the introduction of enhanced patrolling arrangements which, in turn, will provide increased Garda visibility as well as maintaining existing Garda links with communities throughout the country. The objective will be to ensure that the best possible policing service will continue to be provided to our communities. The Garda Commissioner has also advised that closure of stations will result in some additional 61,000 patrolling hours being available for operational policing.

I am confident that the Garda Síochána will continue to provide a professional policing service right across the country in a manner that is effective and is consistent with the highest standards for which the Force is renowned.

Garda Station Closures

Ceisteanna (122)

Tom Fleming

Ceist:

122. Deputy Tom Fleming asked the Minister for Justice and Equality if he will refrain from closing any further rural Garda stations in County Kerry; and if he will make a statement on the matter. [28447/13]

Amharc ar fhreagra

Freagraí scríofa

The Commissioner's Policing Plan for 2013 sets out details for the closure of 100 Garda stations throughout the country. The Deputy will be aware that Camp, Fenit, Abbeydorney, Beaufort, Lauragh, Kilgarvan, Brosna, Valentia Island and Ballinskelligs Garda Stations in the Kerry Division were mentioned in the plan for closure in 2013 and were in fact closed on 31 January 2013.

While the Policing plans for 2014 and 2015 have not yet been prepared, I understand, from discussions with the Garda Commissioner, that the current consolidation process will be largely completed by the end of this year and it seems unlikely at this point in time that there will be any further station closures in 2014 and 2015.

The allocation of all resources, including personnel, within the Force rests with the Garda Commissioner, in consultation with his senior management team. Resource levels are constantly monitored, in conjunction with crime trends and other demands made on An Garda Síochána. The situation is kept under continuing review to ensure optimum use is made of these resources and the best possible Garda service is provided to the public. In this regard, I have been informed by the Garda Commissioner that, as of the 30 April 2013, the latest date for which figures are readily available, the personnel strength of the Kerry Garda Division was 300. There are also 32 Garda Reservists and 32 civilian staff attached to the Kerry Garda Division.

International Agreements

Ceisteanna (123)

Dominic Hannigan

Ceist:

123. Deputy Dominic Hannigan asked the Minister for Justice and Equality his plans to sign the European Convention on Preventing Violence Against Women and Domestic Violence; and if he will make a statement on the matter. [28454/13]

Amharc ar fhreagra

Freagraí scríofa

Ireland supports, in principle, the aims and terms of the Council of Europe Convention on preventing and combating violence against women and domestic violence.

It is a detailed Convention with a very broad scope across a number of policy areas with potential policy and legislative implications. The provisions of the Convention and the legislative and administrative arrangements that would be necessary to allow signature and ratification of the Convention by Ireland are being examined in my Department in conjunction with the government commitment to introduce consolidated and reformed domestic violence legislation to address all aspects of domestic violence, threatened violence and intimidation, in a way that provides protection to victims.

The development of the consolidated and reformed legislation, including consideration of the Convention provisions, will be progressed as soon as possible having regard to the need for consultations and other legislative priorities in my Department. Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, is undertaking the preliminary work in developing proposals for consideration. Cosc has met with relevant groups from the NGO sector and received some proposals for consideration. Further material is also awaited from the sector.

The convention has not yet entered into force as this requires at least ten ratifications, including 8 Council of Europe member states.

Garda Station Closures

Ceisteanna (124, 141)

Bernard Durkan

Ceist:

124. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which it has been found possible to maintain the strength of the Garda force throughout the economic downturn by reference and comparison to numbers over the period 2005 to date in 2013; the extent to which some Garda stations operated restricted opening hours or closure for the same period; and if he will make a statement on the matter. [28466/13]

Amharc ar fhreagra

Bernard Durkan

Ceist:

141. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total number of Garda stations closed in the past five years to date; the number, if any, of such stations which previously operated restricted opening hours; and if he will make a statement on the matter. [28565/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 124 and 141 together.

I am informed by the Garda Commissioner that the total strength of the Force on the 31 December 2005 to 2012, and on the 31 April, 2013, the latest date for which figures are readily available, was as set out below.

Year

2005

2006

2007

2008

2009

2010

2011

2012

31/04/2013

Strength

12,264

12,954

13,755

14,412

14,547

14,377

13,894

13,424

13,330

The opening hours of Garda stations throughout the country are determined by the Garda Commissioner in response to local demands and the availability of resources. I have asked the Commissioner for details of the current opening hours of Garda stations and on receipt of this information, I will forward it to the Deputy.

As set out in the policing plans for 2012 and 2013, 139 Garda stations have either closed or are scheduled to close by the end of 2013. Some of these were Garda stations in name only and their closure was a formal confirmation of the fact that the stations in question were no longer operational. Many more were open for limited hours during the day. It is the Commissioner's professional opinion that a more effective policing service can be provided through the closure of these stations and the deployment of Gardai on front-line operational policing. I fully agree with the Commissioner in this assessment.

The Commissioner has stated that the revised structures now in place will continue to support the Garda community policing philosophy through the clustering of services at policing hubs. This centralisation of services will facilitate the introduction of enhanced patrolling arrangements which, in turn, will provide increased Garda visibility as well as maintaining existing Garda links with communities throughout the country. The objective will be to ensure that the best possible policing service will continue to be provided to our communities. The Garda Commissioner has also advised that closure of stations will result in some additional 61,000 patrolling hours being available for operational policing.

Question No. 125 answered with Question No. 24.
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