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Thursday, 2 Oct 2014

Written Answers Nos. 112-117

European Arrest Warrant

Ceisteanna (112)

Brian Stanley

Ceist:

112. Deputy Brian Stanley asked the Minister for Justice and Equality the number of requests, on an annual basis, that have been received here for extraditions under a European arrest warrant; the number of persons that have been detained; and the number extradited. [37505/14]

Amharc ar fhreagra

Freagraí scríofa

Section 6(6) of the European Arrest Warrant Act 2003 provides that the Central Authority for the European arrest warrant (EAW) shall prepare an annual report to the Oireachtas on the operation of Part 2 of the Act in the preceding year. Part 2 relates to EAWs received in the State and EAWs issued by the State. The annual report in respect of 2013 was laid before the Oireachtas on 10 April 2014. The report provides comprehensive statistics in respect of the operation of the Act since 1 January 2004.

In so far as the information sought by the Deputy is concerned, the position, in respect of 2013, is as follows:

- 223 EAWs were received from Member States by the Central Authority in 2013,

- 99 arrests were made in this jurisdiction in 2013 pursuant to EAWs received and endorsed in 2013, and

- 157 EAWs resulted in the surrender of persons to other Member States in 2013.

Crime Prevention

Ceisteanna (113)

Terence Flanagan

Ceist:

113. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to reduce knife crime; and if she will make a statement on the matter. [37511/14]

Amharc ar fhreagra

Freagraí scríofa

As I recently advised the Deputy, I can assure him that I am in ongoing contact with the Garda Commissioner in relation to a wide range of crime and policing concerns, including knife and other violent crime.

A comprehensive and robust legal framework is in place with respect to knife crime including heavy penalties for breaches of the laws concerned. In recent years the maximum penalty for possessing a knife in a public place without good reason or lawful authority has been increased from one to five years, and An Garda Síochána also now have an extended power of search without warrant in relation to knives and offensive weapons.

At an operational level, An Garda Síochána proactively target public disorder and anti-social behaviour, including knife related crime through the strategic deployment of Garda resources. In this regard, areas identified as public order hot-spots by local Garda management are the subject of additional foot and mobile patrols. In addition, Detective Units and Divisional Crime Task Forces may be utilised to provide a high visibility presence in areas such as late night bars, clubs etc, particularly when people are exiting, to deter and detect anti-social behaviour and possible altercations. However, it should be noted that many knife crimes occur in domestic settings and often with a degree of spontaneity, which increases the challenges for preventative policing and enforcement.

In relation to the investigation of specific knife-related crimes, I am assured that all appropriate resources, including any necessary technical and forensic facilities, are employed by An Garda Síochána to secure detections and identify perpetrators of these crimes.

In addition to these enforcement measures, An Garda Síochána is involved in a number of awareness measures relating to knife crime, and I understand that the Garda Schools Programme is utilised to include talks on knives and other weapons for secondary school pupils, emphasising the dangers involved and the need for care, vigilance and social responsibility.

Naturalisation Applications

Ceisteanna (114)

Michael Healy-Rae

Ceist:

114. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding naturalisation in respect of a person (details supplied) in County Kerry; the timeframe for this process; and if she will make a statement on the matter. [37526/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation was received on 19 August 2014 from the person referred to by the Deputy.

The application is currently 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, and will be submitted to me for decision as expeditiously as possible. While processing requirements and time taken to carry out necessary checks vary from case to case, more than 70% of applications are being decided within 6 months.

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.

Fuel Laundering

Ceisteanna (115)

Michelle Mulherin

Ceist:

115. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of complaints of petrol stretching the gardaí in Mayo divisions have received for each month for the past four months; the position regarding these complaints; the number that have been investigated resulting in an individual being charged or a file being forwarded to the Director of Public Prosecutions; and if she will make a statement on the matter. [37529/14]

Amharc ar fhreagra

Freagraí scríofa

I have been advised by the Garda authorities that An Garda Síochána's Mayo Division has received eighty six complaints of petrol stretching in the past four months. These complaints, details of the numbers of which are shown in the table below, have been received by the Garda Divisions in Claremorris and Ballina.

I am further informed that these complaints are currently under investigation and that no individuals have been charged nor files forwarded to the Director of Public Prosecutions to date. An Garda Síochána are continuing to investigate these complaints and are liaising with the injured parties. Contact has also been made with Revenue's Customs Service who take the enforcement lead nationally in relation to this issue and who have arranged to have fuel samples from these cases analysed for contaminants.

In terms of the overall national position, I have been advised by the Revenue Commissioners that they have received a number of reports of problems relating to petrol quality from around the country in recent weeks and that such reports are followed up as a matter of course and samples sent to the State Laboratory for analysis where officers have reason to suspect excise duty fraud.

Petrol stretching is a matter of serious concern because of the risks to the Exchequer, the threat to legitimate businesses and the damage that can be caused to the vehicles of unsuspecting purchasers of adulterated fuel. Under Section 102 of the Finance Act 1999, it is an offence to sell and/or deliver oil on which Mineral Oil Tax at the appropriate rate has not been paid.

In the normal course of work, Revenue's enforcement staff take samples of fuel, which are sent to the State Laboratory for scientific analysis, from mineral oil suppliers, including filling stations, to ensure compliance with mineral oil regulations. If the results of the analysis reveals the presence of any illegal stretching agents, I can assure the Deputy that the Revenue Commissioners will take action and pursue prosecutions against offenders where possible.

I am further advised that Revenue and the oil sector have co-operated very successfully to tackle diesel laundering and are confident that, with this co-operation and with the supply chain information available to Revenue, the problem of petrol stretching can also be tackled successfully. In this regard it is essential that petrol distributors report on any reduction in the pattern of legitimate supplies of fuel to the retail trade which may indicate that specific retailers are shifting some of their sourcing to laundered or "stretched" fuel.

In addition, motorists themselves should take care with regard to their source of petrol and report any suspicions concerning adulterated fuel which may have damaged their engines to Revenue who will investigate such reports and pursue prosecutions against offenders where possible. In that regard Revenue has recently launched a dedicated section of its website at www.revenue.ie specifically on the shadow economy and this includes an electronic reporting facility for anyone who has information about shadow economy practices such as petrol stretching.

Table 1- Complaints re suspected petrol contamination to An Garda Síochána Mayo's Division June - September 2014

Month

Claremorris District

Ballina District

June

0

0

July

1

0

August

10

0

September

59

16

Total

70

16

Residency Permits

Ceisteanna (116)

Michael Healy-Rae

Ceist:

116. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding a stamp 4 application in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [37532/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service that the person mentioned by the Deputy applied for a change of immigration status on 10 February 2014. This application will shortly receive attention and a reply will duly issue to his legal representative.

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.

Residency Permits

Ceisteanna (117)

Bernard Durkan

Ceist:

117. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding examination of residency entitlement in the case of a person (details supplied) in Dublin 3; and if she will make a statement on the matter. [37561/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State for the two year period ending 16th November, 2014. It will be open to the person concerned to apply in writing for the renewal of this permission one month before their current permission expires.

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.

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