Written Answers Nos. 545-564
545. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31550/13]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy, made a Family Reunification application in March 2012. The application was forwarded to the Office of the Refugee Applications Commissioner (ORAC) for investigation as required under Section 18 of the Refugee Act 1996. The investigation was completed by ORAC on 5th June 2012 and a report was forwarded to INIS. As a result of matters arising from the ORAC report, the application was returned by INIS to ORAC for further investigation and an addendum to the ORAC report was received by INIS on 31st May 2013. The application is currently under consideration by INIS and the decision reached will be communicated to the person in question in due course.
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.
546. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of application for citizenship in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [31551/13]
Amharc ar fhreagraAn application for a certificate of naturalisation from the person referred to by the Deputy was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in January, 2010 and I decided to refuse the application. The person concerned was informed of this and the reasons for it in a letter issued on 7 August, 2012.
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. One such condition is that I must be satisfied that the applicant is of good character.
There is no record of a new application having been submitted by the person concerned.
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.
547. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for residency in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [31552/13]
Amharc ar fhreagraThe person concerned is the subject of a Deportation Order, made on 15th July, 2011, following a comprehensive and thorough examination of his asylum claim and his application for subsidiary protection and the detailed examination of the representations he submitted for consideration under Section 3 (6) of the Immigration Act 1999 (as amended). Subsequently, in March, 2012, the person concerned sought a right of residency in the State, accompanied by a right to work, based on the principles set out in the Zambrano Judgment. This request is under consideration at present. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned. In the mean-time, as a person subject of a valid Deportation Order, the person concerned is legally obliged to comply with any reporting requirements placed on him by the Garda National Immigration Bureau.
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.
548. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for residency in the case of a person (details supplied) in County Dublin who is requesting that divorce documentation from Nigeria be recognised; the additional information that is required to bring the matter to a conclusion; and if he will make a statement on the matter. [31553/13]
Amharc ar fhreagraThe person concerned was granted temporary permission to remain in the State under stamp 4 conditions on 24 March, 2005 for an initial two year period, under the revised arrangements applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. In 2007 the permission was renewed for three years. The Garda National Immigration Bureau (GNIB) renewed her permission to remain subsequently in 2010. She was registered by GNIB on 28 February 2013, with the latest renewal period expiring on 10 March, 2015.
I should add that I am not aware of any issues relating to the divorce documentation of the person concerned with the Irish Naturalisation and Immigration Service ( INIS). With regard to naturalisation, I can inform the Deputy that the application for naturalisation of the person concerned has entered the final stage of processing and I intend to grant citizenship. The person concerned has been invited to attend a citizenship ceremony on 4 July 2013, at which she will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive her certificate of naturalisation.
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.
549. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for residency in the case of a person (details supplied) in County Carlow who arrived in 2004 and whose passport was seized by immigration in 2004 and who has a spouse and two children in this jurisdiction; when the passport will be returned; and if he will make a statement on the matter. [31554/13]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to is the subject of a Deportation Order. The person concerned has no application for residency pending and there is no evidence that the person's passport was seized by the Irish Naturalisation and Immigration Service. The person concerned has had his case considered under Section 3(6) of the Immigration Act 1999, as amended and under Section 5 of the Refugee Act 1996, as amended. Refoulement was not found to be an issue in this case. In addition, no issue arises under Section 4 of the Criminal Justice (UN Convention against Torture) Act, 2000. Consideration was also given to private and family rights under Article 8 of the European Convention on Human Rights (ECHR).
The Deportation Order was signed on 3 May 2012. One of the requirements of the Deportation Order is that the person concerned must present to the Garda National Immigration Bureau on an appointed date, to date the person concerned has not presented and is therefore classed as an evader. The person concerned remains in the State illegally. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.
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.
550. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of residency/eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31556/13]
Amharc ar fhreagraThe person concerned is a sibling of an Irish born child of non-EEA parents born in the State prior to 1 January, 2005. The person concerned was granted temporary permission to remain in the State on stamp 4 conditions on 27 March, 2013 for an initial three year period.
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 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.
551. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31558/13]
Amharc ar fhreagraThe person concerned has been granted permission to remain in the State for the period to 7th December, 2014. This decision was conveyed in writing to the person concerned by letter dated 7th December, 2012.
It will be open to the person concerned to apply to the Citizenship Division of my Department for a Certificate of Naturalisation when she is in a position to meet the lawful residency criteria applicable to the lodgement of such applications. Details on the criteria to be met by persons lodging such applications are available from my Department's Website (www.justice.ie).
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.
552. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for citizenship in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31560/13]
Amharc ar fhreagraThe person concerned currently has permission to remain in the State until 11th April, 2014. This decision was conveyed to him by letter dated 24th April, 2012.
I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that no application for a Certificate of Naturalisation has been received from the person concerned. However, it will be open to the person concerned to apply for a Certificate of Naturalisation when he is in a position to meet the lawful residency criteria applicable to the lodgement of such applications. Details on the criteria to be met by persons lodging such applications are available from the INIS Website (www.inis.gov.ie).
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.
553. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for citizenship in the case of a person (details supplied) in County Kildare. [31561/13]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in May, 2012.
The application is at an advanced stage of processing and the applicant will be informed of my decision in due course.
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.
554. Deputy Thomas Pringle asked the Minister for Justice and Equality to outline the number of temporary clerical officers who have been employed by his Department in each of the past three years; the number of those who have been retired public or civil servants; his views on whether his Department should employ retired staff in these positions in view of the level of youth unemployment here; and if he will make a statement on the matter. [31577/13]
Amharc ar fhreagraA small number of Temporary Clerical Officers have been recruited over the last three years to provide cover for priority vacancies, or, additional resources for priority short term projects that could not be managed within existing resources. Officers were appointed from the open competition run by the Public Appointment Service (PAS) for temporary clerical positions in the Public Service. Appointments were for periods ranging from 9 to 12 weeks.
The competition runs in compliance with the Code of Practice for Appointment to Positions in the Civil Service and Public Service. It is broadly confined to Citizens of the European Economic Area (EEA) States. Some exclusions apply, for example those who availed of the incentivised scheme for early retirement are precluded under that scheme from applying for another position in the same employment or the same sector. Civil/Public Servants in receipt of pensions other than from the above incentivised scheme pensions are not precluded from participating, however, pension abatement rules would apply.
Thirty eight appointments were made in 2013, twenty six in 2012 and twenty eight in 2011. Information on whether any of the officers appointed in 2011/ 2012 were retired Civil/Public Servants is not readily to hand. I can, however, say that only one of those appointed in 2013 is currently in receipt of a Civil/Public Service pension. Two others have preserved pensions in respect of previous service.
Pension policy is a matter for the Minister for Public Expenditure and Reform. It is worth noting, however, that the age profile of the thirty eight appointed in 2013 showed a broad range of ages with fourteen aged 18 to 25, thirteen aged 26 to 35, five aged 36 to 45 and six aged 46 or over. I am advised by the Human Resources Division in my Department that this would be broadly consistent with previous years.
555. Deputy Brendan Smith asked the Minister for Justice and Equality if he will confirm that there will be no change to the status of Clones District Court, County Monaghan, as the court building has modern facilities and the court services a large part of County Monaghan; and if he will make a statement on the matter. [31582/13]
Amharc ar fhreagraI wish to inform the Deputy that under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which includes the provision of accommodation for court sittings.
However, in order to be of assistance to the Deputy, I have had enquiries made and have been informed that the Courts Service has been reviewing all aspects of its organisational and operational structures throughout the country with the specific objective of ensuring that the Service can continue to maintain the delivery of front line court services and an appropriate level of service to court users. I understand that no court venue has been singled out for or indeed exempted from the review.
In the context of that review, Clones courthouse was identified as a venue that should be considered for closure subject to a detailed assessment and the preparation of a business case. Through this process the Service has established a general framework within which such venues are being assessed taking into account a range of criteria such as caseload, proximity to an alternative venue, physical condition of the building, availability of cells etc. The likely impact on other Justice agencies, such as An Garda Síochána and the Irish Prison Service, is also taken into account.
A consultation process in relation to the future of Clones courthouse, which included consultation with the judiciary, the Legal Aid Board, the Monaghan Solicitors Bar Association, An Garda Síochána, the Irish Prison Service, the Probation Service and Clones Town Council was completed. The Minister has been informed that following the consultation process the Building Committee of the Courts Service Board decided to recommend closure of Clones Court to the Board. As part of the consultation process all those who had been consulted previously were informed of the recommendation of the Building Committee and were invited to make further submissions which would be placed before the Board for consideration. In addition, a senior official from the Courts Service met a delegation from Clones Town Council on 28 June 2013. I am informed that additional submissions have been received from local interests and these together with all previous submissions will be taken into account in the decision making process in which, as the Deputy is aware, I have no role as it is a matter for the Courts Service Board under the provisions of the Courts Service Act 1998.
I am informed that the matter of Clones Court was due to be considered at a meeting of the Board which was to be held yesterday and in that context I have asked the Courts Service to advise the Deputy of the outcome as soon as possible.
556. Deputy Patrick Nulty asked the Minister for Justice and Equality to outline the position regarding an application for subsidiary protection in the case of persons (details supplied) in Dublin 15 dating back to 2002; the reason for the delay; and if he will make a statement on the matter. [31644/13]
Amharc ar fhreagraFollowing the failure of their asylum claims, the persons concerned proceeded to submit applications for subsidiary protection. These applications were approved with the consequence that the persons concerned have been granted permission to remain in the State for the period to 30th April, 2016. These decisions were conveyed in writing to the persons concerned by letters dated 30th April, 2013.
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.
557. Deputy John O'Mahony asked the Minister for Justice and Equality when a person (details supplied) in County Mayo will receive payment under the criminal injuries compensation; the reason for the delay in issuing this payment; and if he will make a statement on the matter. [31648/13]
Amharc ar fhreagraThe Deputy should note that under the terms of the Scheme of Compensation for Personal Injuries Criminally Inflicted, the Criminal Injuries Compensation Tribunal is entirely independent in the matter of individual applications under the Scheme. However, in order to be of assistance in the matter I have had enquiries made with the Tribunal on his behalf.
I understand that the application referred to by the Deputy is being actively processed by the Tribunal at present and that the file will be ready for submission to a Tribunal member for decision shortly. At this stage of the process, I understand that it is not possible for the Tribunal to estimate a time-frame for the actual payment of any award.
558. Deputy Michael Healy-Rae asked the Minister for Justice and Equality when regulations will come into place in respect of regulation and licensing for the event security sector which would cover companies and their staff; and if he will make a statement on the matter. [31693/13]
Amharc ar fhreagraAs the Deputy may be aware, the Private Security Authority (PSA) is the statutory body responsible for the licensing and regulation of the private security industry. The PSA has adopted a phased approach to licensing and it proposes to commence the licensing of event security contractors in the first instance, with the licensing of employees to follow.
I can inform the Deputy that the Office of the Parliamentary Counsel is currently working on the draft Private Security (Licensing and Standards) (Event Security) Regulations. As soon as that process is complete, the relevant Statutory Instrument will be finalised, hopefully in the coming months. The Regulation will inter alia set minimum standards for contractors working in the event security sector and will, I believe, be of great benefit to both the industry and the public in general.
559. Deputy Robert Troy asked the Minister for Justice and Equality if persons (details supplied) will be granted a holiday visa to attend a wedding here in the coming weeks. [31695/13]
Amharc ar fhreagraI am pleased to inform the Deputy that the visa applications referred to have been approved.
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.
560. Deputy John McGuinness asked the Minister for Justice and Equality to detail the organisations or persons that are being funded from Government sources to provide a missing persons helpline and the amount received by each; and if he will make a statement on the matter. [31710/13]
Amharc ar fhreagraMissing in Ireland Support Services (MISS) is a non- profit organisation which provides support to families and friends of Missing Persons. They have been receiving funding from the Commission for the Support of Victims of Crime since 2007. The funding is used to pay the salary and other costs of their Helpline Co-Ordinator who co-ordinates support activities and builds awareness among the public of their service and provides administrative support to the organisation. The MISS helpline, catering to families and friends of all missing people is a different service to the 116000 number.
The Commission for the Support of Victims of Crime has allocated €26,200 in funding to MISS since 2011 as outlined in the table and my Department also provides accommodation for MISS.
|
Year |
Amount granted |
|
2013 |
€8,600 |
|
2012 |
€8,600 |
|
2011 |
€9,000 |
561. Deputy John McGuinness asked the Minister for Justice and Equality to set out the number of cases of missing persons that remain unresolved for five years and more; the action being taken to solve these cases; his views on establishing a special missing persons unit; if he will or is funding ongoing collaboration with other specialist units outside of Ireland to assist in the investigation of these cases; if there is a joint approach in place by the Garda and Health Service Executive to give ongoing assistance to those families traumatised by such an event; the actions taken to date by the Garda in the Jo Jo Dollard case; if he will confirm that the line of communication is ongoing with the family; and if he will make a statement on the matter. [31722/13]
Amharc ar fhreagraI am informed by the Garda authorities that the total number of persons recorded missing for over five years, and who remain untraced, up to and including 28 June, 2013 is 603. It should be noted that this figure is provisional, operational and liable to change.
As I have previously advised the Deputy, all incidents where persons have been reported missing remain under investigation until such time as the person is located. An Garda Síochána reviews missing persons cases on a regular basis. The District Officer (Superintendent) in the area where a person has gone missing takes direct responsibility for all investigations and searches carried out. Local investigation teams are appointed by the District Officer, and all means necessary, including the services of specialist units, are deployed to assist in these investigations, as considered appropriate. The services of Interpol and Europol can also be availed of during such investigations, if necessary.
The Deputy will also be aware that the Garda Missing Persons Bureau, which is responsible for all data relating to missing persons, provides expert assistance and advice to District Officers in all high risk missing person cases. The Garda authorities are satisfied that adequate resources, including staff and technology, are in place to deal with this issue and investigations are carried out in line with international best practice.
A joint protocol is in place with the Health Service Executive (HSE) providing a strategic and uniform approach to the issue of children who are reported as missing from care, with the overall objective of reducing such incidents, preventing such children from suffering harm and returning them to safety as soon as possible.
I am informed that the case referred to by the Deputy remains under active investigation. I am, of course, conscious of the continuing distressing impact on family and friends when a person goes missing and am assured that Garda liaison is being maintained with the family concerned.
562. Deputy John McGuinness asked the Minister for Justice and Equality the cost to the State of imprisoning persons who fail to pay fines imposed by the courts; the number of such cases in the past three years; if an easy payment system will be put in place to accommodate those that simply cannot pay; if consideration has been given to this matter; if so, if he will outline the action he intends to take; and if he will make a statement on the matter. [31726/13]
Amharc ar fhreagraI refer the Deputy to my reply to Parliamentary Question No. 541 on Tuesday, 28th May, 2013 a copy of which follows. By way of update, the legislation for payment and recovery of fines now known as the Fines Payment and Recovery Bill will be published shortly.
I can inform the Deputy that the number of committals to prison for non-payment of a court order fine in 2012 was 8,304. The corresponding figures for 2011 and 2010 were 7,514 and 6,683 respectively. Unfortunately, it is not possible to provide the cost for each case as this would necessitate a manual search of each record and would require a disproportionate and inordinate amount of staff time and effort which could not be justified where there are other significant demands on resources.
It should be noted that the number of persons imprisoned at any time for non-payment of fines constitutes an extremely small part of the prisoner population. To illustrate this point, there were 16 persons in custody on 27 May, 2013 for non-payment of a fine out of a total prison population of 4,245.
I am committed to pursuing alternatives to custody. I am strongly of the view that we need to keep the numbers of people committed to prison for the non-payment of fines to the absolute minimum.
I have already legislated to require judges to take a person’s financial circumstances into account when setting a fine. Work is now well underway on further major reforms to the fine payment and recovery system in Ireland. The Fines (Amendment) Bill, which I expect to publish this term will, when enacted, make it easier for people to pay a fine and where they fail to do so, there will be sufficient options available to the courts in the form of, for example, attachment of earnings, community service, or recovery orders. I believe these measures, taken together, will substantially reduce the incidence of committal to prison for the non-payment of fines.
563. Deputy Patrick O'Donovan asked the Minister for Justice and Equality the number of motor vehicle accidents in 2012, fatal and non-fatal, that occurred when learner drivers were unaccompanied on a learner's permit; and if he will make a statement on the matter. [31729/13]
Amharc ar fhreagraI have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
564. Deputy Brendan Griffin asked the Minister for Justice and Equality the actions that are required to be taken by a Peace Commissioner who wishes to update records with new contact details and address; and if he will make a statement on the matter. [31731/13]
Amharc ar fhreagraI can inform the Deputy that any Peace Commissioner who wishes to update their records can contact the Peace Commissioner Unit in my Department who will be happy to assist.
