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Thursday, 15 May 2014

Written Answers Nos. 207-217

Naturalisation Applications

Ceisteanna (207)

Bernard Durkan

Ceist:

207. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding update of stamp 4-eligibility for naturalisation in the case of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [22079/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that arising from the fact that the person concerned had no valid basis to remain in the State, they were, by letter dated 28th April, 2014, served with a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended). This communication advised the person concerned of the proposal to make a Deportation Order in respect of them. They were 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 written representations to the then Minister setting out the reasons why they should not have a Deportation Order made against them. Written representations have been submitted by the person concerned.

The position in the State of the person concerned will now 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 final 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 a Certificate of Naturalisation does not arise at this time.

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.

Residency Permits

Ceisteanna (208)

Bernard Durkan

Ceist:

208. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the options available in respect of residency in the case of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [22080/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned should be advised to write to the Residence Division setting out his and his family's details and circumstances in the State. To date he has not been in contact with INIS. 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.

Residency Permits

Ceisteanna (209)

Bernard Durkan

Ceist:

209. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding eligibility to residency-updated stamp 4 in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [22082/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, arising from the refusal of the asylum application of the person concerned, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 5th December, 2008, that the then Minister proposed to make a Deportation Order in respect of them. The person concerned 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 written representations to the then Minister setting out the reasons why a Deportation Order should not be made in respect of them. In addition, they were notified of their entitlement to apply for subsidiary protection.

The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in their case. The judicial review proceedings were struck out on 12th October, 2010, meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood.

The position in the State of the person concerned will now 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. Any representations submitted will be considered before a final decision is made. Once a final decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

In the event that any of the family members of the person concerned have made applications for asylum or subsidiary protection, the Deputy will appreciate that it is not the practice to comment on such applications for so long as they remain in the asylum or protection processes.

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.

Residency Permits

Ceisteanna (210)

Bernard Durkan

Ceist:

210. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will consider changing a residency status from stamp 3 to stamp 4 in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [22083/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has been granted permission to remain in the State, on immigration Stamp 3 conditions, for the period to 4th November 2015. This decision was conveyed in writing to the person concerned by letter dated 4th November, 2013.

The decision to grant such status was arrived at following the detailed consideration of the case of the person concerned, as well as the cases of all family members involved, under Section 3 of the Immigration Act 1999 (as amended). This decision would have had regard for all information and documentation on file at the time the decision was made.

It will be open to the person concerned to apply for the renewal of that permission in advance of its expiry date. However, I am advised that the INIS would be prepared to review the case of the person concerned in circumstances where they presented documentary evidence to show that they had a concrete offer of paid employment available to them. The Deputy will appreciate that any such offer of paid employment must be on the prospective employer's headed paper; it must describe the specific position being offered; it must set out the proposed salary or salary scale; it must provide an indication that any such position is available immediately, is whole-time and is not subject to seasonal factors. Upon receipt of documentary evidence of the nature described, the INIS will undertake a review of the case of the person concerned.

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.

Naturalisation Applications

Ceisteanna (211)

Bernard Durkan

Ceist:

211. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when a person (details supplied) in Dublin 15 may make a further valid application for naturalisation in view of their previous failure in this regard; and if she will make a statement on the matter. [22085/14]

Amharc ar fhreagra

Freagraí scríofa

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 the Minister must be satisfied that the applicant is of good character.

It would be inappropriate for me to indicate what might or might not specifically constitute good character in this context as to do so could be interpreted as a fettering of the absolute discretion given to the Minister in the Act. I can say, however, that I exercise my discretion based on an evaluation of the overall case presented to me and where there are criminal offences arising, clearly, the longer the period of time during which no further offences occur the better the prospects of a positive decision in a future application.

The Deputy may wish to note that 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.

Naturalisation Applications

Ceisteanna (212)

Bernard Durkan

Ceist:

212. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of an application for naturalisation in respect of a person (details supplied) in County Kildare, if all information requested in the case has been received by her Department; and if she will make a statement on the matter. [22097/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation has been received from the person referred to by the Deputy.

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 was issued to the person concerned on 14th January 2014 requesting certain information and a copy of the letter has been issued on 15 May 2014. Upon receipt of the requested information the case will be submitted to me for decision.

The Deputy may wish to note that 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 established specifically 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 (213)

Bernard Durkan

Ceist:

213. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of residency entitlement in the case of a person (details supplied) in County Monaghan; the extent to which the case has been fully or partially examined in the past four years; and if she will make a statement on the matter. [22098/14]

Amharc ar fhreagra

Freagraí scríofa

I would refer the Deputy to my predecessor's replies to Parliamentary Questions No. 146 of 10 April, 2014 and 536 of 30 April, 2014 in the case of the person whose details were supplied. The position remains unchanged.

Residency Permits

Ceisteanna (214)

Bernard Durkan

Ceist:

214. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to regularise residency in the case of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [22106/14]

Amharc ar fhreagra

Freagraí scríofa

As stated in the previous reply made to the Deputy on 16 January 2014, the person mentioned was to make an application for leave to remain in the State in their own right and present the circumstances of his case. To date an application has not been received from this person.

Queries in relation to the status of individual immigration cases may be made directly to the Irish Naturalisation and Immigration Service (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 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.

Residency Permits

Ceisteanna (215)

Bernard Durkan

Ceist:

215. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to regularise the position in the case of a person (details supplied) in County Kildare who arrived here on foot of a visitor's visa in 2011 and is now in a permanent relationship; and if she will make a statement on the matter. [22116/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the Residence Division have no record of having received an application for residency in the State on the basis of being in a de facto relationship with an Irish national or resident in respect of the person referred to.

The person concerned should be advised by the Deputy to write immediately to the Residence Division of INIS setting out the reasons why they have remained unlawfully present in the State since 2011 and the basis on which they feel that should be afforded residency given their party to a relationship referred to as permanent.

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 Question 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.

Departmental Agencies

Ceisteanna (216)

Seán Fleming

Ceist:

216. Deputy Sean Fleming asked the Minister for Justice and Equality the number of State agencies and public bodies under her aegis that have been merged or abolished in each year since 2011; the annual savings associated with each body; and if she will make a statement on the matter. [22120/14]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that the details (since 2011) of the merger or abolition of agencies under the remit of my Department are outlined as follows:-

Merger of the Valuation Office, the Property Registration Authority and Ordnance Survey Ireland.

The merger of the Property Registration Authority, Valuation Office and Ordnance Survey Ireland has been mandated by the Government under the Agency Rationalisation Programme. A Project Board, comprising senior representatives of the three Departments concerned along with the Chief Executive Officers of the three Agencies, is overseeing the merger. The CEO Designate of the merged body, who acts as Project Manager for the merger, was appointed from 1 July 2013. It is anticipated that Ministerial responsibility for the Valuation Office and Ordnance Survey Ireland will be transferred to the Minister for Justice and Equality in due course. It is anticipated that the General Scheme of a Bill will be brought to Government for approval to draft by mid-year.

The merger of the Valuation Office, Ordnance Survey Ireland and the Property Registration Authority provides an opportunity for more efficient and cost-effective delivery of land, spatial data and property administration services. Savings in the short to medium term are anticipated from the consolidation of common back office functions such as Human Resources, conventional ICT systems, Financial Management and a potential reduction in the cost of accommodation and software licensing. In the longer term, more efficiencies/synergies may be achievable in operational areas and through the exploitation, including where possible commercialisation, of combined data sets.

The Human Rights Commission and the Equality Authority.

On 8 September 2011, the Government decided to merge the Human Rights Commission and the Equality Authority to establish the new and enhanced Irish Human Rights and Equality Commission (IHREC) to promote human rights and equality issues in a more efficient, effective and coherent way.

There are no savings anticipated given that since 2008, the Equality Authority and the Human Rights Commission had experienced budget cuts of 43% and 32% respectively. Staffing numbers also decreased significantly and continued to reduce until this year. In 2008 the combined staffing compliment was 74 staff. In 2012 at the time of the Working Group Report on the Irish Human Rights and Equality Commission, the combined complement had been reduced to 46.

The 2014 allocation to the IHREC is €6.299m, a figure which represents an increase of €2m approximately on the 2013 allocation. A staff allocation of 47 was agreed with a provision for a review of this figure in 12 to 18 months time in light of experience once the additional staff have been recruited and are in place.

The Prisons Authority Interim Board.

The Prisons Authority Interim Board was abolished on 26 July 2011. The amount saved was in excess of €100,000 per annum.

Legal Aid Board.

Responsibility for the administration of three ad-hoc Criminal Legal Aid Schemes was transferred to the Legal Aid Board.

Garda Station Legal Advice Scheme

The Scheme provides that where a person is detained in a Garda station for the purpose of the investigation of an offence and s/he has a legal entitlement to consult with a solicitor and the person's means are insufficient to enable him/her to pay for such consultation, such consultations with solicitors will be paid for by the State. Responsibility for the administration of the Scheme was transferred to the Legal Aid Board on 1 October 2011.

Legal Aid Custody Issues Scheme

This Scheme provides payment for legal representation in the High Court and the Supreme Court for certain types of cases not covered by civil legal aid or the Criminal Legal Aid Scheme namely (i) Habeas Corpus Applications, (ii) Supreme Court Bail Motions, (iii) Judicial Reviews, (iv) Extradition Applications and European Arrest Warrants and (v) High Court Bail Motions. Responsibility for the administration of the Scheme was transferred to the Legal Aid Board on 1 June 2012.

Criminal Assets Bureau Legal Aid Scheme

The Scheme is applicable to persons who are respondents and/or defendants in any court proceedings brought by, or in the name of, the Criminal Assets Bureau including court proceedings under the Proceeds of Crime Act 1996, the Revenue Acts or the Social Welfare Acts and applications made by the Director of Public Prosecutions under Section 39 of the Criminal Justice Act 1994. Responsibility for the administration of the Scheme was transferred to the Legal Aid Board on 1 January 2014.

It is proposed that the administration of the main Criminal Legal Aid Scheme will be transferred to the Legal Aid Board on foot of new legislation which is currently being drafted. This move will be in keeping with the international model for the delivery of legal aid and advice services and will achieve a more dedicated focus to the management and delivery of Criminal Legal Aid. It would be premature at present to commit to a date for the transfer of the scheme.

In addition, the Board took on responsibility for the Family Mediation Service (FMS) in November 2011 which had previously been under the auspices of the Family Support Agency. A key reason for this transferring was to improve the synergies between the State funded family mediation services and the State funded civil legal aid services (most of the demand for legal services is in the area of family law). Improving the synergies will be for the benefit of the customer and will help move away from a ‘litigation first’ approach that may on occasion be too common. Already there are very positive signs from a pilot initiative operating in Dolphin House (where the Dublin District Family Court sits) involving the co-location of the courts and a mediation service with a legal service. Similar initiatives have now been introduced in Cork and Naas and are being evaluated. The transfer of the FMS to the Legal Aid Board has also given rise to savings resulting from efficiencies in respect of operating costs. These savings have allowed the Board to allocate additional funding to mediation services to the tune of over €430,000 in 2013 compared to 2011. Overall, this represents a saving of approximately 17% based on the expenditure of the FMS in 2011 before it transferred to the Board.

Garda Síochána Complaints Board.

The Garda Síochána Act 2005 allowed for the establishment of the Garda Síochána Ombudsman Commission to replace the Garda Síochána Complaints Board and the Garda Síochána Complaints Appeal Board.

The Complaints Board is made up of a Chairperson and 8 members appointed in 2012 for a five year term as it was necessary to have a Board in existence until any outstanding cases had concluded. The current status of the Board is that the final case against it was struck out by the Supreme Court on 29 November 2013. The members do not receive any fees and their term of office will automatically cease when the Garda Síochána (Complaints) Act 1986 is repealed. The repeal of the Garda Síochána (Complaints) Act 1986 will automatically dissolve the Garda Síochána Complaints Board and the separate Appeal Board.

The Appeal Board is made up of a Chairperson, who must be a Judge of the Circuit Court, and two ordinary members. Their term of office expired on 16 December 2013. No membership fee is paid to the members of the Appeal Board. The two ordinary members received a payment for each sitting of the Board. As there are no longer any cases involving the Complaints Board, the appeal function is not required and no issue arises with the expiry of the term of office.

The Department is making arrangements to repeal the Garda Síochána (Complaints) Act 1986 (as amended) which will automatically result in the winding up of the Garda Síochána Complaints Boards. The necessary Order to repeal the Act has been drafted and will be submitted in the coming weeks to the Minister for signing.

Medical Aids and Appliances Application Numbers

Ceisteanna (217, 218, 223, 256)

Seán Fleming

Ceist:

217. Deputy Sean Fleming asked the Minister for Health the approximate number of defibrillators in schools throughout the country; his views on the number of these that are locked inside schools and not available outside school hours; and if he will make a statement on the matter. [21886/14]

Amharc ar fhreagra

Seán Fleming

Ceist:

218. Deputy Sean Fleming asked the Minister for Health the approximate number of defibrillators in existence in local government offices throughout the country; his views on the number of these that are locked inside public buildings and not available outside office hours; and if he will make a statement on the matter. [21889/14]

Amharc ar fhreagra

Seán Fleming

Ceist:

223. Deputy Sean Fleming asked the Minister for Health the number of defibrillators in existence throughout the country; his views on the number of these that are locked inside public buildings and not available outside office hours; and if he will make a statement on the matter. [21888/14]

Amharc ar fhreagra

Seán Fleming

Ceist:

256. Deputy Sean Fleming asked the Minister for Health the number of defibrillators that are located in Government offices and buildings under the remit of his Department and those under his aegis throughout the country; if these are available in emergency cases outside of office hours to the community in the locations where they are based; the number and cost of same; if he will consider putting some arrangement in place whereby these defibrillators can be located where the public can get access out of office hours in the interest of health and safety; and if he will make a statement on the matter. [22480/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 217, 218, 223 and 256 together.

My Department has no information on the utilisation of defibrillators nor the operational issues associated with them. There is currently no structured public access defibrillation programme in operation in Ireland that specifies the conditions for providing defibrillators in public places.

The Public Health (Availability of Defibrillators) Bill 2013 that is currently on Committee Stage outlines a scheme that would require the owners of particular types of premises or venues to install and maintain defibrillators so that they would be available for public use. The Bill sets out the requirement to provide defibrillators in a range of settings and for events which have a regular attendance in excess of 100 persons per day. It was agreed that there are a number or questions that need to be considered when designing a public defibrillation programme for Ireland and Government approval was therefore granted for the Health Information and Quality Authority (HIQA) to undertake a Health Technology Assessment (HTA) of a Public Access Defibrillator Programme for Ireland.

The first meeting of the Expert Advisory Group on Public Access Defibrillation took place on 13th March 2014 with a second meeting due to take place in June 2014 and the third meeting and Final Draft Report Stage being undertaken in August 2014. In mid-September, 2014 it is envisaged that a Public Consultation will begin, ending on or about 17th October 2014.

The health technology assessment of public access defibrillation currently being conducted by HIQA will examine the clinical and cost-effectiveness of different configurations of any potential public access defibrillation programme. No information is available on the exact numbers of AEDs that are currently in use in Ireland. Based on data from a number of suppliers, it is estimated that in excess of 17,000 units have been sold in this country since 1998. However no information is currently available on the locations of these devices, what proportion are maintained and functional, and how many are available for use by the public. Analysis of the existing availability of automatic external defibrillators will form part of the HIQA health technology assessment that is due to be completed in mid November 2014.

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