Michael McNamara
Ceist:275. Deputy Michael McNamara asked the Minister for Justice and Equality the average length of time her Department takes to process applications for residency based on EU treaty rights. [43885/14]
Amharc ar fhreagraResidency Permits
Ceisteanna (275)
Freagraí scríofa
I am informed by the Irish Naturalisation and Immigration Service (INIS) that all applications for residence in the State on the basis of EU Treaty Rights by non-EEA family members of EU or EEA citizens are currently being processed within the six month statutory time frame set out in Directive 2004/38/EC as implemented in Ireland by Statutory Instrument 656/2006 as amended by Statutory Instrument 310/2008.
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 (276)
Michael McNamara
Ceist:276. Deputy Michael McNamara asked the Minister for Justice and Equality when a decision will issue in respect of a person (details supplied) on their application to reside here under regulation 9 of the European Communities (Free Movement of Persons) (No 2) Regulations, which provides for EU residency for third country nationals who exercised free movement rights with an EU national who subsequently dies. [43886/14]
Amharc ar fhreagraFreagraí scríofa
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy made an application for retention of permission to reside in the State on an individual and personal basis under Regulation 9 of the Regulations on 16 April, 2014.
By letter dated 23 October, 2014 the person concerned was granted permission to remain in the State, on Stamp 4 conditions for a period of one year. This permission is renewable by attending the local immigration officer. Should the person concerned wish us to vary this permission she should contact us in due course.
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.
Legislative Measures
Ceisteanna (277, 278)
Brendan Griffin
Ceist:277. Deputy Brendan Griffin asked the Minister for Justice and Equality if she has given further consideration to this Deputy's draft ramming of Garda vehicles Bill, whereby ramming of a Garda vehicle would become a specific serious criminal offence to try to deter further incidences; and if she will make a statement on the matter. [43907/14]
Amharc ar fhreagraBrendan Griffin
Ceist:278. Deputy Brendan Griffin asked the Minister for Justice and Equality the number of incidences of ramming of Garda vehicles over the past five years; the number of gardaí injured or otherwise in such incidents; the number of related convictions that have occurred; and if she will make a statement on the matter. [43908/14]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 277 and 278 together.
The Deputy will be aware that I consider the deliberate ramming of a Garda vehicle to be a very serious matter. It is the case that all incidents of this nature are subject to full and determined investigation by An Garda Síochána.
The Deputy will also be aware from my previous correspondence with him in relation to his proposals for a Ramming of Garda Vehicles Bill, which has been the subject of further consideration, that there is already a range of robust road safety and other legislative enforcement provisions available to the Garda authorities in such circumstances.
Such legislative provisions include the wide range of assault offences contained in the Non-Fatal Offences Against the Person Act 1997 and for which penalties range from up to 5 years imprisonment to life imprisonment depending on the seriousness of the offence involved. In addition, section 19 Criminal Justice (Public Order) Act 1994 provides for specific offences relating to assaults on "peace officers" which includes members of An Garda Síochána. The penalty for this offence was increased from 5 to 7 years imprisonment by section 185 Criminal Justice Act 2006 which also provided for the criminalisation of threats to assault. I would also add that section 2 Criminal Damage Act 1991 provides for the offence of damage to the property of another person for which the penalty is a maximum of 10 years imprisonment. The Road Traffic Act 1961 (as amended) provides for offences of driving without reasonable consideration, careless driving and dangerous driving, and an offence of dangerous driving which causes death or serious bodily harm carrying a penalty of up to 10 years imprisonment. In addition, as the Deputy will appreciate if the ramming of a Garda vehicle resulted in a death, an offence of attempted murder, murder or manslaughter may be considered applicable with the resultant penalties including mandatory life imprisonment for a conviction for murder.
In so far as the Deputy's proposals concerning presumptive mandatory sentencing are concerned, I would draw his attention to the Law Reform Commission 2013 Report on Mandatory Sentences, which recommends the repeal of the existing presumptive mandatory minimum sentence provisions for various drugs and firearms offences. I would also note that the Report on the Strategic Review of Penal Policy which was published in September recommended that no further mandatory sentences or presumptive minimum sentences should be introduced.
I have requested an updated Garda report in relation to the number of Gardaí injured arising from such incidents and will contact the Deputy directly as soon as that information is available.
Question No. 279 answered with Question No. 268.
Garda Investigations
Ceisteanna (280)
Gabrielle McFadden
Ceist:280. Deputy Gabrielle McFadden asked the Minister for Justice and Equality if gardaí investigating suspected petrol stretching use significant price variances among fuel sellers in a particular geographical area as a criterion for their investigations. [43918/14]
Amharc ar fhreagraFreagraí scríofa
I have requested the information sought by the Deputy from the Garda authorities and I will be in contact with the Deputy again when the information is to hand.
Garda Investigations
Ceisteanna (281)
Gabrielle McFadden
Ceist:281. Deputy Gabrielle McFadden asked the Minister for Justice and Equality the number of cases of suspected petrol stretching gardaí in Counties Longford and Westmeath are actively investigating at present. [43919/14]
Amharc ar fhreagraFreagraí scríofa
I have requested the information sought by the Deputy from the Garda authorities and I will be in contact with the Deputy again when the information is to hand.
Controlled Drug Sales
Ceisteanna (282)
Ciara Conway
Ceist:282. Deputy Ciara Conway asked the Minister for Justice and Equality if she has statistics or findings that would suggest methadone is being sold illegally or if there is a black market for this heroin substitute here; the steps she is taking to combat this; and if she will make a statement on the matter. [43938/14]
Amharc ar fhreagraFreagraí scríofa
As the Deputy may be aware, methadone is a Schedule 2 controlled drug under the Misuse of Drugs Regulations 1988 which means that strict prescription, recording and storage requirements apply.
Further requirements are set out under the Misuse of Drugs (Supervision of Prescription and Supply of Methadone) Regulations 1998, made under the Misuse of Drugs Act 1977, reflecting the fact that it is most commonly used in treatment programmes for opiate dependency.
As my colleague, the Minister for Health, recently indicated to the House responsibility for the provision of opioid substitution treatment, mainly methadone, rests with the Health Service Executive (HSE). All patients in receipt of methadone maintenance treatment are recorded on the HSE Central Treatment List, and treatment delivery is monitored in accordance with the Methadone Treatment Protocol. The aim of this Protocol is to manage the distribution of methadone and minimise the risk of diversion for onward sale.
I am further informed that as methadone is a controlled drug there is an audit procedure for the total volumes of supply through the wholesalers which is overseen by the Health Products Regulatory Authority.
With regard to the role of An Garda Síochána, I can inform the Deputy that drug law enforcement remains a key priority area for An Garda Síochána, in accordance with its role under the National Drugs Strategy 2009-2016 and the priorities identified in the annual Garda Síochána Policing Plan. The Garda National Drugs Unit works closely with dedicated Divisional and District Drug Units and other national units in targeting persons involved in the illicit sale and supply of drugs.
The Annual Reports of An Garda Síochána provide further information concerning the type and value of illegal drugs seized by An Garda Síochána each year including methadone seizures.
I have requested An Garda Síochána to provide a report on the issue raised by the Deputy and I will contact the Deputy again as soon as the information is received.
Garda Transport Provision
Ceisteanna (283)
Seán Kenny
Ceist:283. Deputy Seán Kenny asked the Minister for Justice and Equality her plans to provide funding to purchase new marked jeeps for the Garda traffic corps; and if she will make a statement on the matter. [43952/14]
Amharc ar fhreagraFreagraí scríofa
The provision and allocation of Garda transport is a matter for the Garda Commissioner in the light of identified operational circumstances and the availability of resources. In that context, I am advised by the Garda authorities that there are currently no plans to purchase additional marked jeeps for the Garda Traffic Corps.
The Deputy will be aware that I recently secured an additional €10 million for investment in the Garda fleet. This funding will provide for a significant number of new Garda vehicles. I am advised by the Garda authorities that, to date, an order for 370 new vehicles has been placed. These vehicles will be allocated over the coming months, following fit out, in accordance with the Garda Commissioner's identified operational requirements.
Residency Permits
Ceisteanna (284)
Bernard Durkan
Ceist:284. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status in the case of a person (details supplied) in Dublin 14 who is married to an Irish citizen since June 2010; and if she will make a statement on the matter. [43954/14]
Amharc ar fhreagraFreagraí scríofa
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is currently registered in the State as the spouse of an Irish national under Stamp 4 conditions. This permission is valid until 07 May 2015 and is renewable by attending at their local immigration officer accompanied by their Irish spouse prior to its expiry.
If there has been any change of circumstances preventing the renewal of their immigration permission, the person concerned should be advised to make an application to INIS outlining the circumstances preventing renewal of their registration.
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 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.
Question No. 285 answered with Question No. 269.
Garda Investigations
Ceisteanna (286)
Seamus Healy
Ceist:286. Deputy Seamus Healy asked the Minister for Justice and Equality if she will confirm if there was a Garda investigation into a matter (details supplied) and if officials of the Department of Agriculture, Food and the Marine were interviewed in the course of any investigation. [43986/14]
Amharc ar fhreagraFreagraí scríofa
I have made enquiries with the Garda authorities about the case referred to by the Deputy and I am informed that the Garda Bureau of Fraud Investigation have no record of a complaint being received in relation to this matter.
If the Deputy has additional information which he can provide I will be happy to make further enquiries on his behalf.
Garda Investigations
Ceisteanna (287)
Gerry Adams
Ceist:287. Deputy Gerry Adams asked the Minister for Justice and Equality if there is a live Garda investigation into the circumstances surrounding the death of a person (details supplied) on 5 October 1981 in Drogheda, County Louth; and if she will make a statement on the matter. [44010/14]
Amharc ar fhreagraFreagraí scríofa
As the Deputy is aware I have no function in relation to the direction or initiation of criminal investigations, which are a matter for the Garda authorities.
I can however advise the Deputy that a complaint relating to the particular case to which he is referring is amongst those being considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, or to other public representatives with a view to determining to what extent and in what manner further action may be required in each case.
A panel consisting of two Senior and five Junior Counsel was established for the purpose. The counsel appointed to the panel were all selected on the basis of their experience of the criminal justice system. The review of each complaint will consist of an examination of the papers in the complaint by a counsel from the panel. Following the review of each complaint a recommendation will be made as to whether any further action is desirable and could practicably be taken.
Student Visas Application Numbers
Ceisteanna (288)
Richard Boyd Barrett
Ceist:288. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the number of non-EEA students registered with the Skills and Enterprise Training Academy, known as SEDA College, for March 2014; and if she will make a statement on the matter. [44024/14]
Amharc ar fhreagraFreagraí scríofa
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that on 11 March 2014 there were 830 non-EEA national students registered as studying in the institution referred to by the Deputy.