Written Answers Nos. 142-153
142. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if it is the intention of the Office of Public Works to hand Swinford Courthouse over to the Swinford community, who can then decide its future use. [19756/14]
Amharc ar fhreagraAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance, I have had enquiries made and I am informed that the Courthouse in Swinford is vested in the Courts Service but is no longer used for court sittings. The Courts Service has indicted that it is willing to return the building to the ownership of Mayo County Council and discussions are ongoing between the two organisations.
143. Deputy Terence Flanagan asked the Minister for Justice and Equality to set out the position regarding recruitment to An Garda Síochána (details supplied); and if he will make a statement on the matter. [19770/14]
Amharc ar fhreagraI wish to put on record my appreciation for the contribution that those who volunteer for service as Garda Reserve members make on a daily basis to the work of An Garda Síochána. Together with full time members, they provide vital assistance to communities and neighbourhoods right across the country.
The Admission and Appointment Regulations provide that, as part of the competitive selection process organised by the Public Appointments Service for full-time membership of An Garda Síochána, "due recognition to any satisfactory service by the person as a reserve member" shall be given to such candidates. This provision was introduced in order to acknowledge the beneficial experience and skills gained by a reserve member and to allow them, at assessments and at interview, the opportunity to highlight that experience and skill. It is important that all persons wishing to join the full time force undergo the same competitive selection and recruitment process. A candidate who fails any stage of the process will be eliminated and will not be allowed re-enter this particular competition.
144. Deputy Patrick O'Donovan asked the Minister for Justice and Equality to detail the number of prosecutions gardaí in the Garda division of Limerick have made against persons whose car exhausts exceed the maximum noise levels; and if he will make a statement on the matter. [19771/14]
Amharc ar fhreagraThe Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputy.
145. Deputy Finian McGrath asked the Minister for Justice and Equality if he will provide an update on the new evidence submitted by the Stardust fire families; if he will act on this urgent matter; and if he will make a statement on the matter. [19779/14]
Amharc ar fhreagraAs the Deputy is aware, members of the Stardust Victims Committee have circulated a wide range of material concerning this case in recent months, and as I have previously indicated, I have not seen anything in that correspondence that would be grounds for my taking a different view to the conclusions set out in the Independent Examination which examined this matter. I am aware that members of the Committee met recently with An Garda Síochána and were requested to furnish any material they considered to be new evidence.
I understand that such material has to date not been received by An Garda Síochána but that it will be considered fully when it is made available.
146. Deputy Patrick O'Donovan asked the Minister for Justice and Equality in relation to sulky racing on public roads, if it is still the legal position that the Summary Jurisdiction Ireland Act from the 1800s requires persons to display the name of the owner of the horse drawn vehicle and the townland where they reside on the vehicle; and if he will make a statement on the matter. [19803/14]
Amharc ar fhreagraI am making inquiries regarding the matter referred to by the Deputy and will contact him directly when the information sought is to hand.
147. Deputy Jack Wall asked the Minister for Justice and Equality to set out the position regarding an application for Garda vetting in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19814/14]
Amharc ar fhreagraI am informed by the Garda authorities that a vetting application on behalf of the individual referred to by the Deputy was processed by the Garda Central Vetting Unit (GCVU) and returned to the Authorised Signatory in FÁS on 24 April, 2014.
148. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [19825/14]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has had his permission to remain in the State renewed for a further period to 25th November, 2016. This decision was conveyed in writing to the person concerned by registered post dated 29th April, 2014.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.
149. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an updated stamp 4 will issue in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [19826/14]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has had his permission to remain in the State renewed for a further three year period to 23rd April, 2017. This decision was conveyed in writing to the person concerned by registered post dated 30th April, 2014.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.
150. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to set out the position regarding to updating of stamp 4 and evaluation of their application for naturalisation in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [19827/14]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy is currently registered in the State under Stamp 4 conditions granted to him as an exceptional measure. This permission is valid until 14 March 2015 and is renewable directly with their local immigration officer shortly before its expiry date.
I am also advised by INIS that there is no record of a current application for a certificate of naturalisation from the person referred to in the Deputy's question.
Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must -
be of full age
be of good character
have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years
intend in good faith to continue to reside in the State after naturalisation
have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.
Queries in relation to the status of individual immigration cases may be made directly to INIS by 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 email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
151. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to set out the position regarding update of stamp 4 and evaluation of application for naturalisation in the case of a person (details supplied) in County Longford; and if he will make a statement on the matter. [19828/14]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy. I considered the application in April, 2013 and decided to defer making a final decision in this case for 12 months. The person concerned was notified of this decision in a letter issued on 16 April, 2013.
Processing has recommenced on the application with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. Further information was requested from the person concerned in a letter issued via their solicitor on 4 April 2014. Once the requested information has been received and assessed the case will be finalised and re-submitted to me for decision.
The granting of Irish citizenship through naturalisation is a privilege and an honour 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.
152. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent of the progress made in respect of the determination of eligibility for naturalisation-stamp 4 update in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [19829/14]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the asylum case of the person concerned is currently before the High Court in the context of judicial review proceedings taken against the Refugee Appeals Tribunal. As these proceedings are ongoing, it would not be appropriate for me to comment further on that aspect of the case of the person concerned at this time.
In March, 2013, the person concerned applied for a right of residency in the State, accompanied by a right to work, based on parentage of an Irish born minor citizen child, and based also on the principles of the Zambrano Judgment. When consideration of this application has been completed, and a decision arrived at, the person concerned will be notified in writing of the outcome.
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.
153. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the certificate of naturalisation issued in the case of a person (details supplied) in County Westmeath can be amended to reflect their full name; and if he will make a statement on the matter. [19830/14]
Amharc ar fhreagraThe name that is printed on a certificate of naturalisation is taken from the name under which a person has applied for a certificate of naturalisation as verified by identity documentation submitted with the application.
On that basis, I do not deem it appropriate to issue an amended certificate of naturalisation to the person referred to by the Deputy. However, if the person concerned provides full details in relation to the matter to the Citizenship Division of the Irish Naturalisation and Immigration Service, then further consideration will be given to the request.
