Written Answers Nos. 131-141
131. Deputy Joe Higgins asked the Minister for Justice and Equality the number of deportation orders that were revoked by him in the years 2011, 2012, 2013 and to date in 2014; if he will provide information on the number of these that were due to deportation orders being issued to persons already outside the State; and if he will make a statement on the matter. [5912/14]
Amharc ar fhreagraAll applications for the revocation of a Deportation Order, made in accordance with the provisions of Section 3 (11) of the Immigration Act 1999 (as amended), are considered on their individual merits. Such applications can be founded on a variety of applicant-specific circumstances. In all instances, the information and documentation submitted in support of the application is considered in great detail before a decision is made to revoke or to affirm the existing Deportation Order.
In relation to the possibility of deportation orders being made in respect of persons who had left the State before such an Order was made, the Deputy will appreciate that the onus would be on such persons to make the Irish Naturalisation and Immigration Service aware of such a material change in their circumstances so that such information, backed up by documentary evidence, could be factored into the decision making process. Where, however, such information is not disclosed, a decision can only be reached on the basis of the available information.
In relation to the statistical information requested by the Deputy, I am advised that while the Irish Naturalisation and Immigration Service records each individual decision made to revoke, or to affirm, an existing Deportation Order, the records are not retained in a manner such as would enable me to provide the requested information in respect of the years in question. However, the Deputy can be assured that such decisions are being made on an ongoing basis on foot of applications being made by individual applicants and their legal representatives.
132. Deputy Róisín Shortall asked the Minister for Justice and Equality in respect of family law cases, if a court can make a ruling on access in the absence of custody being determined; and if he will make a statement on the matter. [5925/14]
Amharc ar fhreagraUnder the Guardianship of Infants Act 1964, as amended, the court may, on application to it in that behalf, make orders in relation to guardianship and custody of, and access to, children. It is possible for a number of interrelated orders to be made in the same proceedings, depending on the circumstances of the case and the orders sought. Likewise, the court may choose to make only one of a range of orders applied for, such as in relation to access, if it considers that the circumstances so require. The court must regard the welfare of the child as the first and paramount consideration in making its decision in any such proceedings. The General Scheme of a new Children and Family Relationships Bill, which I forwarded to the Oireachtas Committee on Justice, Equality and Defence for consultation on 30 January 2014, proposes, among a number of other proposed reforming measures, that the best interests of the child would be considered by the court in decisions on custody and access.
133. Deputy Michelle Mulherin asked the Minister for Justice and Equality the position regarding visa applications in respect of persons (details supplied); and if he will make a statement on the matter. [5927/14]
Amharc ar fhreagraThe visa applications referred to by the Deputy were received in the Visa Office, Dublin on 15 May 2013. Following full consideration, the Visa Officer decided to refuse to grant the visas on 4 October 2013 and the reasons for refusal were set out in the decision letter.
The decision to refuse was appealed on 4 November 2013. A decision on the appeals has been made in these cases and the persons 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.
134. Deputy Anne Ferris asked the Minister for Justice and Equality the progress to date by the Irish Prison Service in targeting the problem of homelessness among women; if he will provide a list of the agencies with which the Irish Prison Service has co-operated to this end; and if he will make a statement on the matter. [6031/14]
Amharc ar fhreagraI wish to inform the Deputy that the Irish Prison Service is represented on the Cross Departmental Team on Homelessness and the National Housing Consultative Committee on Homelessness (NHCC). The CDT and NHCC comprise a range of government and non-government bodies working towards better joined up services on homelessness and the implementation of the National Homeless Strategy. The Irish Prison Service is also represented on seven of the Regional Homeless Consultative Fora established under the provisions of the Housing (Miscellaneous) Provisions Act, 2009. Through these fora, the Irish Prison Service, in partnership with the Probation Service, has been working to ensure that the unique circumstances of homeless offenders are taken into account in the development and provision of preventative and other supporting actions for persons who are vulnerable to homelessness.
With regard to women prisoners specifically, in recent years, in addition to the direct work of probation officers on accommodation issues, a weekly clinic service has been provided in the Dóchas Centre by the Department of Social Protection Community Welfare Service through the Homeless Person's Unit (HPU). This service is co-funded by the Irish Prison Service, the Probation Service, the Department of Social Protection and four local authorities. Referrals to this service generally are at the pre-release stage and emergency and other accommodation options, supplementary benefits and fast tracked medical cards are arranged by the Community Welfare Officers (CWOs) who provide the information and clinic services. There were 241 female prisoners assisted by the HPU in-reach (CWOs) in Dóchas Centre in 2012. These 241 prisoners account for 1,138 interactions with this service. The HPU service is invaluable for the successful resettlement of offenders and a vital component of pre-release planning. Focus Ireland operates a homeless in-reach service in Limerick Prison, which also accommodates female prisoners. The Focus Ireland service provides a case management and pre-settlement service for prisoners. The service supports participants in accessing appropriate services and accommodation on the pathway to independent living.
In addition I would like to inform the Deputy that as part of the Irish Prison Service’s Strategic Plan, 2012-2015, the Service has committed itself to work in partnership with the Probation Service and other stakeholders in the statutory, community and voluntary sectors which include Dublin City Council, the Office of Public Works, the Health Service Executive and City of Dublin Education & Training Board in order to develop a strategy for dealing with women offenders and to put in place a targeted response in relation to homelessness for these women. The engagement between the Irish Prison Service and these agencies to date, has in part, concentrated on the provision of a Centre in the greater Dublin area which would target women with specific needs and would provide:-
- Supported accommodation,
- Intensive case management (temporary and long term),
- Specialist addiction and mental health support, with primary care teams, and
- Day services with drop in and structured programmes, including training and educational programmes.
Priority access will be given for women from the Dóchas Centre.
In relation to the development of a centre for women, the Irish Prison Service are working with the following:
Strategic Partners:
Dublin Region Homeless Executive
Health Service Executive
The Probation Service
CDETB
Operational Group:
The Probation Service
Dublin City Council
CDETB
Novas Initiatives
Depaul Ireland
Heath Service Executive
Department of Social Protection
135. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if the technical and administrative arrangements required to bring section 44 of the Road Traffic Act 2010 into effect are now at an advanced stage; and if the working group established under the aegis of the Courts Service to examine various operational aspects of the penalty points system has reported recently on the way section 44 can be commenced without any further delay. [6040/14]
Amharc ar fhreagraThe working group established under the aegis of the Courts Service has reported recently and has highlighted that substantial technical and administrative arrangements are required to be put in place to facilitate the commencement of the provision in question. I am assured that these matters remain under thorough assessment by the Garda authorities and the Courts Service.
136. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will provide a list of all NGOs in receipt of funding/grants from his Department in each of the past five years; and the NGOs, if any, in receipt of funding/grants from his Department over the past five years that are bound by a service level agreement. [6048/14]
Amharc ar fhreagraI wish to advise the Deputy that the tables linked below list the Non-Governmental Organisations (NGOs) that were in receipt of funding from my Department at any time over the past five years (2009 - 2013); and those NGOs in receipt of funding that are bound by a service level agreement.
Not all organisations that received funding are bound by a service level agreement. By way of example the Deputy should note that the funding provided to a majority of organisations funded by Cosc is in the form of awareness grants, rather than funding for services. These grants are, on average, less than €5,000, rather than the more considerable sums provided to organisations towards the provision of services, which are subject to service level agreements.
However, each of the awareness-raising grantees agrees to certain terms and conditions before funding is released, including that they provide audited accounts for the previous year, agree to reimburse granted funding if it is not spent, keep receipts associated with the project for five years, engage with any audit to be conducted by Cosc and provide a written evaluation of the results of the funding to Cosc at the end of the project.
Our systems and practices in this area were audited by the Internal Audit Unit of my Department in 2011 and were updated to reflect the recommendations of the auditor.
|
Name of NGO in receipt of funding during the period 2009 - 2013 |
Bound by service level agreement |
|
Adapt Domestic abuse Services Limerick |
No |
|
Adapt Kerry |
No |
|
Age Action |
No |
|
Akidwa |
No |
|
Amen Support Services Ltd |
No |
|
Anu Centre - Blanchardstown Womens Centre |
No |
|
Aoibhneas Women and Children's Refuge |
No |
|
Aonad Family Resource Centre |
No |
|
Arklow Community Development Project |
No |
|
Ascend Services |
No |
|
Association for Criminal Justice Research and Development |
No |
|
Athlone (Midland) Rape Crisis Centre Ltd |
No |
|
Athlone Community Services Council |
No |
|
Ballyfermot Travellers Action Project |
No |
|
Ballyhoura Development Ltd |
No |
|
Ballyhoura Development Ltd Limerick |
No |
|
Bray Women's Refuge |
No |
|
Brothers of Charity |
No |
|
Business in the Community (EPIC Funding) |
No |
|
Carlow and South Leinster Rape Crisis and Counselling Centre |
No |
|
Carlow Women's Aid |
No |
|
Community Alert |
No |
|
Cope Foundation |
No |
|
COPE Galway Waterside House |
No |
|
Crimestoppers |
No |
|
Cuan Soar |
No |
|
Dignity 4 Patients |
No |
|
Domestic Violence Advocacy Service |
No |
|
Domestic Violence Response |
No |
|
Donegal Sexual Abuse and Rape Crisis Centre |
No |
|
Donegal Womens Domestic Violence Service |
No |
|
Donegal Women's Network |
No |
|
Doras Luimní |
No |
|
Down Syndrome Ireland |
No |
|
Drogheda Women's & Children's Refuge Centre Ltd |
No |
|
Dublin 12 Domestic Violence Service Ltd |
No |
|
Dublin Rape Crisis Centre |
No |
|
Dundalk Outcomers |
No |
|
Éist Linn |
No |
|
Esker House |
No |
|
European Disability Forum *** |
No |
|
Families, Fathers and Friends |
No |
|
Family Resource Centre Women's CDP |
No |
|
FLAC (Free Legal Advice Centre) |
No |
|
Gaelic Athletic Association |
No |
|
Galway Rape Crisis Centre |
No |
|
Galway Refugee Support Group |
No |
|
Graiguenamanagh Development Co. |
No |
|
Greystones Family Resource Centre |
No |
|
Hephzibah Wholistic Outreach |
No |
|
Hill Street Family Resource Centre |
No |
|
Holocaust Education Trust Ireland |
No |
|
Hospital Family Resource Centre |
No |
|
HSE Community Games |
No |
|
Inishowen Women's Outreach |
No |
|
Inner City Organisation Network |
No |
|
Irish Amateur Boxing Association |
No |
|
Irish Autism Action |
No |
|
Irish Guide Dogs |
No |
|
Irish Hospitality Awards |
No |
|
Irish Refugee Council (IRC) |
No |
|
Irish Traveller Movement |
No |
|
Irish Wheelchair Association |
No |
|
Justice for the Forgotten |
No |
|
Kerry Rape and Sexual Abuse Centre |
No |
|
Kildare and South Leinster Outreach Centre |
No |
|
Kilkenny Women's Refuge Project |
No |
|
Laois Domestic Abuse Service |
No |
|
Letterkenny Women's Centre |
No |
|
Limerick Local Area Network on Violence Against Women |
No |
|
Limerick Women's Network |
No |
|
Lír Anti-Racism and Training |
No |
|
Longford Womens Link |
No |
|
Mayo Children's Initiative |
No |
|
Mayo Rape Crisis Centre |
No |
|
Mayo Women's Support Services |
No |
|
Meath Women's Refuge and Support Services |
No |
|
MEND/SEDVIP |
No |
|
Men's Development Network |
No |
|
Mná Feasa Women's Domestic Violence Project |
No |
|
Mountmellick Development Association |
No |
|
MOVE Ireland |
No |
|
Muintir Na Tire |
No |
|
Nasc, The Irish Immigrant Support Group |
No |
|
National Learning Network |
No |
|
National Traveller Women's Forum |
No |
|
National Youth Council of Ireland |
No |
|
New Communities Partnership |
No |
|
North Leitrim Women's Centre |
No |
|
O'Connell's Secondary School |
No |
|
Offaly Domestic Violence Support Service |
No |
|
One in Four |
No |
|
Open Door Network |
No |
|
Partners Training for Transformation |
No |
|
Pavee Point |
No |
|
Pavee Point Travellers Centre |
No |
|
Polish Social and Legal Advice Centre |
No |
|
Rape Crisis and Sexual Abuse Counselling Centre Sligo, Leitrim and West Cavan |
No |
|
Rape Crisis Midwest |
No |
|
Rape Crisis Network Ireland |
No |
|
Rape Crisis North East (RCNE) |
No |
|
Ronanstown Community Development Project |
No |
|
Roscommon Partnership Company |
No |
|
Roscommon Safe Link |
No |
|
Ruhama |
No |
|
Safe Ireland |
No |
|
Saoirse Housing Association Ltd (Saoirse Women's Refuge) |
No |
|
Sexual Violence Centre Cork |
No |
|
Sligo Social Services |
No |
|
Sligo Travellers Support Group |
No |
|
Sonas Housing |
No |
|
South East Domestic Violence Perpetrator Programme |
No |
|
Southern Traveller Health Network |
No |
|
Southhill Domestic Abuse Project |
No |
|
Southwest Kerry Women's Association |
No |
|
Sport Against Racism Ireland |
No |
|
STEER Ireland |
No |
|
Tearmann Domestic Violence Service |
No |
|
The Base Youth and Childcare Centre |
No |
|
The Family Resource Centre Inchicore |
No |
|
The National Rehabilitation Hospital |
No |
|
The Peter Bradley Foundation |
No |
|
Tullamore Sexual Abuse and Rape Crisis Counselling Centre |
No |
|
USI |
No |
|
Waterford Women's Centre |
No |
|
West Cork Women against Violence |
No |
|
Westmeath Support Services against Domestic Abuse |
No |
|
Wexford Local Area Network Against Violence Against Women |
No |
|
Wexford Women's Refuge |
No |
|
Women's Aid |
No |
|
Women's Aid Dundalk |
No |
|
WOVE (Women Overcoming Violent Experiences) |
No |
|
Yana |
No |
*** Financial agreement terms of engagement exist
137. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the timeframe within which he will establish a charities regulator; and if he will make a statement on the matter. [6055/14]
Amharc ar fhreagraI am pleased to inform the Deputy that I recently issued a call for Expressions of Interest from suitably qualified persons who wish to be considered for appointment to the Board of a new Charities Regulatory Authority, with a view to making appointments before Easter. I have also recently received sanction from the Minister for Public Expenditure and Reform to appoint an interim CEO and a number of other staff from within existing resources. I intend to have these staff in place by the end of February to enable the new Authority to carry out the necessary preparatory work before coming formally into operation later this year.
An early priority for the new Authority will be the preparation and publication of a statutory register of charities. All registered charities will be required to provide reports to the Authority each year on their activities and these reports will be made available to the public. This will provide a much needed increase in transparency and accountability in the charitable sector, and will support the good practice in charity governance and management that is critical to a vibrant charity sector that commands the trust and confidence of donors and beneficiaries alike.
138. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 172 of 21 November 2013, if he will review the circumstances in the case; and if he will make a statement on the matter. [6090/14]
Amharc ar fhreagraThe position in the case referred to as set out in my response to Parliamentary Question No. 172 of 21 November, 2013 remains unchanged. Accordingly, a review of the circumstances of the case as requested by the Deputy is not warranted.
139. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to which embassy the parents of a person (details supplied) in County Dublin should apply for visa; and if he will make a statement on the matter. [6091/14]
Amharc ar fhreagraVisa applications must be made on-line through the following link: https://www.visas.inis.gov.ie. On completion of the on-line process, the applicant must print a summary sheet which gives details of the office that will process the application and to which supporting documentation must be sent. This is clearly stated in the guidance notes on the above website.
Information on making a visa application can be found on the Irish Naturalisation and Immigration Services website (www.inis.gov.ie). It should be borne in mind however that the information contained on the website is intended to act as a guideline only. It does not limit the discretion of the Visa Officer in dealing with individual applications.
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 further to Parliamentary Question No. 186 of 23 January 2014 and previous correspondence therein in respect of a person (details supplied) in County Meath, who contrary to indications duly reported as required on every occasion requested but whose alleged failure to report appears to have prejudiced their case; if the issue could be re-examined as matter of urgency; and if he will make a statement on the matter. [6092/14]
Amharc ar fhreagraThe person concerned, together with the other family members referred to by the Deputy, are the subject of Deportation Orders. I am satisfied that the applications made by them for asylum, for subsidiary protection and for temporary leave to remain in the state, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport is justified.
However, if new information or circumstances have come to light, which have a direct bearing on their case and which have arisen since the original decision to deport was made, there remains the option of applying to me for revocation of the Deportation Orders pursuant to the provisions of Section 3(11) of the Immigration Act, 1999, as amended. However, I wish to make clear that such an application would require substantial grounds to be successful.
The effect of the Deportation Order is that the persons concerned must leave the State and remain thereafter out of the State.
The enforcement of the Deportation Order is, and remains, an operational matter for the GNIB.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by Email 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.
141. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and/or expected residency status/eligibility for long-term residency/naturalisation in the case of persons (details supplied) in Dublin 1; and if he will make a statement on the matter. [6093/14]
Amharc ar fhreagraI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons referred to by the Deputy currently do not have applications pending with INIS. The persons referred to by the Deputy arrived in the State on 30/12/2006 as students. Their most recent permissions on a "stamp 2" basis expired on 31/12/2013.
All non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students" which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. The persons referred to by the Deputy arrived in the State at the end of 2006 and registered in January 2007. They have accumulated 7 years since 31 December 2013. As such they do not qualify for further student permission. They also do not qualify for long term residency and Stamp 2 is not reckonable for citizenship. They are advised to look at the "student pathway" on the Department's website www.inis.gov.ie to see whether there are any post study pathways available to them.
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 Parliamentary Questions Process.
The Deputy may consider using the email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
