Written Answers Nos. 134-142
134. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if reconsideration might be given to the application for naturalisation in the case of a person (details supplied) in Dublin 24, given that they have not come to the attention of the Garda since 2008 in respect of motoring or any other offences which are verifiable and their family members are already Irish citizens; and if she will make a statement on the matter. [2037/15]
Amharc ar fhreagraThe Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister for Justice and Equality has absolute discretion to grant an application for a certificate of naturalisation where certain conditions for naturalisation are satisfied.
The application from the person concerned was refused following consideration of the information presented, including information provided by the applicant. There is no provision under the Irish Nationality and Citizenship Act 1956, as amended, for appeal of a decision to refuse an application. It is open to any individual to lodge a new application for a certificate of naturalisation at any time if they consider they are in a position to meet the prescribed statutory requirements.
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 I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.
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.
135. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [2038/15]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person along with 2 of her children are the subject of Deportation Orders and therefore have no entitlement to residency in the State.
Representations were received from the persons' legal representative, pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Orders. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Orders. In the mean-time, the Deportation Orders remain valid and in place.
The cases of the husband along with a further 2 children of the person referred to are still under consideration and therefore have no entitlement to residency in the State.
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.
136. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status in the case of a person (details supplied) in Dublin 11; and if she will make a statement on the matter. [2040/15]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was granted permission to remain in the State for a period of five years expiring on 19 December, 2017. This permission is based on being the spouse of an EU citizen who is resident in the State and in exercise of EU Treaty rights in accordance with the provisions of S.I. No. 656 of 2006 European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (as amended) and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
I am advised that the person concerned wrote to the EU Treaty Rights Section advising of a change in circumstances. It has however been recently established that the person concerned continues to hold a right of residency in the State in accordance with the provisions of the Regulations and Directive. Officials in my Department will therefore contact the person concerned directly to clarify the position on the matter.
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.
137. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [2043/15]
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 has been received from the person referred to by the Deputy, who currently has permission to reside in the State until 6 May, 2015.
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 solicitor of the person concerned on 16 September 2014 requesting certain information. Upon receipt of the requested information the case will be processed further and submitted to me for decision as expeditiously as possible.
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.
138. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if her Department has received submissions from various sporting bodies with reference to the control and regulation of firearms; if she will meet the concerns of the sporting organisations while maintaining good regulation; and if she will make a statement on the matter. [2053/15]
Amharc ar fhreagraFollowing public safety concerns raised by An Garda Síochána in relation to specific categories of firearms a joint Department and Garda Síochána Working Group was established to examine this issue in October 2013. The Report also refers to difficulties in the interpretation of the legislation expressed by members of the judiciary. The Working Group Report was published on 13 November. The deadline for receipt of submissions by my Department is 31 January 2015. The Committee on Justice, Defence and Equality also sought submissions on the Report.
Submissions have been received to date from a number of individuals and sporting bodies. Further submissions are expected. I am asking stakeholders and other groups who have an interest in this area to engage with this process so that their views can be considered before final decisions are made in relation to this matter. With respect to the Report's recommendations on proposed changes and restrictions, I wish to take this opportunity to reiterate a commitment that I have given that will not make any final decisions until I have had the opportunity to consider all the submissions which are made and I have met the key stakeholders, including the organisations that represent those who use firearms for sporting purposes.
139. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when crime categories are likely to be reviewed with reference to the need to ensure that all serous crime is particularly recorded to reflect its seriousness and frequency accurately. [2054/15]
Amharc ar fhreagraAs the Deputy will be aware, responsibility for the compilation and publication of crime statistics rests with the Central Statistics Office (CSO), as the national statistical agency.
Arising from the recent Garda Inspectorate Report on Crime Investigation, the CSO are carrying out a detailed analysis of certain issues raised by the Inspectorate in relation to the recording, classification and reclassification of crime, to see whether and to what extent they may have implications for the crime statistics which that Office produces. This process is ongoing.
In addition, the CSO has also agreed to chair an expert panel to examine the Inspectorate's recommendations on crime statistics. The expert panel will review the crime counting and detection rules, as recommended by the Inspectorate, with a view to introducing new national standards. As well as including representatives of the Department and An Garda Síochána, the intention is that the panel will have outside experts with relevant expertise. Terms of Reference for this group are being drawn up at present.
I can also advise the Deputy that, while this work is underway, the Garda authorities have put in place a number of immediate measures arising from the Inspectorate's recommendations in relation to the recording of crime. In particular, these include the establishment of a new Data Quality Team in the Garda Information Services Centre (GISC), as well as measures to strengthen PULSE governance arrangements. Work is also underway with respect to planning for the necessary investment in Garda technology to support the recording and management of crime information, and to bring outdated paper based practices into the 21st century.
I look forward to making progress on these issues, as part of the overall arrangements to take forward the wide-ranging recommendations of the Inspectorate, with a view to ensuring that we have a police service which is fully equipped to meet the needs of our society, now and into the future.
140. Deputy Bernard J. Durkan asked the Minister for Justice and Equality her views on whether adequate resources remain available to An Garda Síochána to continue to fight against crime, with articular reference to organised crime. [2055/15]
Amharc ar fhreagra148. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she remains satisfied regarding the adequacy and availability of state-of-the-art telecommunications to enable the Garda to combat crime effectively; if the updating of transport vehicles continues to progress; and if she will make a statement on the matter. [2096/15]
Amharc ar fhreagra149. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she is satisfied that her Department has ready access to sufficient resources, technology, transport and communications systems and intelligence to enable the Garda to combat all manner of crime including terrorism; and if she will make a statement on the matter. [2097/15]
Amharc ar fhreagraI propose to take Questions Nos. 140, 148 and 149 together.
Under the Garda Síochána Act, 2005 the Garda Commissioner is responsible for the distribution of available Garda resources. This includes personnel, Garda vehicles and the various technologies utilised to support frontline Gardaí and intelligence led operations against organised crime. This process takes account of annual policing priorities determined by me as Minister for Justice in consultation with the Commissioner as provided for under Section 20 of the Garda Síochána Act, 2005.
I am informed by the Garda authorities that they are continually looking to ensure that the latest information, communications and forensic technologies are sourced and deployed to achieve their strategic objectives as set out in the context of their annual policing plans, as provided for in section 22 of the Garda Síochána Act 2005, which includes commitments to target individuals and groups engaged in organised criminal activity and terrorism. This policy is designed to ensure that the Garda Síochána will be in a position to meet the evolving needs of a modern effective police force and take advantage of proven up to date technological developments in crime detection and prevention as they occur.
In terms of existing technology, the Deputy will be aware that a considerable amount of new Garda ICT solutions has been delivered over the past number of years. These include the deployment of a secure national digital radio system (NDRS), the deployment and support of Garda and Community CCTV systems, an automated number plate recognition (ANPR) system, and the addition of many new functions to the PULSE system, which itself is further supported by a dedicated Garda data entry service in Castlebar.
In the area of forensics the situation is that the Garda authorities currently employ state-of-the-art automated fingerprint and ballistics identification systems which I am informed are at least on a par with those used by police forces in other EU jurisdictions. The Deputy will also be aware that the forensic capacity of An Garda Síochána will be further enhanced by a new national DNA database, scheduled to become operational shortly, which was established on foot of the Criminal Justice (Forensic Evidence and DNA Database System) Act, 2014.
I have also clearly signalled my intention to support the Garda Síochána in their efforts to address deficits which were identified in the recent Garda Inspectorate report on crime investigation. However, the Deputy will appreciate that the issues raised in the report are widespread, varied and far-reaching and, when taken together with the review of the Garda Síochána under the Haddington Road agreement, will demand significant structural reform within the Garda Síochána. The need for additional resources across a number of areas will be examined within that context. Furthermore, I have been informed by the Garda authorities that the Garda Commissioner has commenced an in-depth examination of all recommendations of the Garda Inspectorate Report with a view to determining what can be implemented in the short, medium and long term. I also look forward to the significant contribution to this process of reform that will be made by the new policing authority which is to be established shortly.
There have been other recent positive developments with regard to the resources available to An Garda Síochána. An intake of 200 new recruits, including 25 reserve Gardaí, commenced training in 2014 and a further 100 recruits are due to enter the training college at the end of this month. I also secured an additional investment of €10 million for the Garda fleet last year.
141. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration will be given to upgrading residency status from stamp 2 to stamp 4 in the case of a person (details supplied) in County Kildare who is in a position to provide vital back-up care to a family in unique and compelling circumstances; and if she will make a statement on the matter. [2078/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy has not made an application to INIS. If the person referred to wishes to change their immigration status and has compelling reasons to do so, they should make an application to INIS outlining the reasons for the request.
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 the 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.
142. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if reconsideration will be given to offering stamp 4 status in the case of a person (details supplied) in Dublin 1 whose two children were born here and whose family resides here; and if she will make a statement on the matter. [2080/15]
Amharc ar fhreagraAs previously stated in my answer to Parliamentary Question 102 of 22 October 2014, the person referred to by the Deputy made an application to INIS for residency which was refused by letter dated 24 July 2014. The situation remains as stated in that correspondence.
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. Three years are permitted at non degree level. The person referred to by the Deputy arrived in the State at the end of 2006 and registered with GNIB on student conditions on 15 January 2007. The person has now accumulated 7 years as a student. As such they do not qualify for Stamp 4 status.
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.
