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Thursday, 16 Apr 2015

Written Answers Nos. 172 to 179

Trade Relations

Ceisteanna (172)

Finian McGrath

Ceist:

172. Deputy Finian McGrath asked the Minister for Foreign Affairs and Trade if he will take further action towards ending the embargo on Cuba by the United States of America; and if he will make a statement on the matter. [15071/15]

Amharc ar fhreagra

Freagraí scríofa

As I noted in my statement of 18 December, I warmly welcome the historic decision by President Obama and by President Castro on the restoration of full diplomatic relations between the United States and Cuba. The recent meeting between the Presidents at the Summit of the Americas has been described as positive, and the White House has since announced President Obama’s intention to remove Cuba from the US list of States that sponsor terrorism. Ireland's concerns about the US economic, commercial and financial measures against Cuba are long-standing and clear. Ireland and the other member states of the European Union are firmly of the view that the lifting of the embargo would facilitate an opening of the island's economy to the benefit of its people. In addition, we and our EU partners do not believe that the continued embargo contributes in a positive way to the democratic transition in Cuba. We have expressed this position in our support for the relevant resolutions at the UN General Assembly, most recently on 28 October last year. We have recorded also our strong opposition to the extraterritorial application of the legislation giving effect to the embargo. The US embargo against Cuba is codified in legislation passed by Congress. President Obama has indicated his willingness to engage with Congress in an honest and serious debate about lifting the embargo, which we welcome.

The recent UN debate recorded continued concerns and criticisms regarding governance and human rights in Cuba. It was noted that while the US embargo has a damaging effect on the Cuban economy, domestic Cuban economic policy seriously hampers its own economic development. Together with our EU partners we have urged that the package of economic and social reforms adopted by the Cuban Parliament in August 2011 be extended and implemented in a manner that will address the key concerns of the Cuban population.

Human Rights

Ceisteanna (173)

Finian McGrath

Ceist:

173. Deputy Finian McGrath asked the Minister for Foreign Affairs and Trade if he will continue to demand the release of a person (details supplied) in Egypt who is now on death row; and if he will make a statement on the matter. [15073/15]

Amharc ar fhreagra

Freagraí scríofa

Reports that this individual is on death row are incorrect. His case is currently before the Courts in Egypt – as matters stand he has not been convicted of any crime. I, and officials in my Department including our Embassy in Cairo, have raised this case with the Egyptian authorities on many occasions. The individual's trial has started, with the next hearing scheduled for 26 April. The Irish Government has formally supported applications by this individual’s lawyers for his release. I have spoken personally to my Egyptian counterpart on a number of occasions, including as recently as 2 April, to underline our support for this citizen’s release and to highlight key humanitarian concerns.

In advance of the last hearing, reports were circulated that this individual was being tortured and was being kept in a ‘death penalty cell’. As soon as possible after these reports were received, our Ambassador in Cairo herself undertook a consular visit. Following discussions with the individual, during which he could speak freely, the Ambassador established that the citizen was neither being tortured nor housed in a death penalty cell, nor was he sharing a cell with prisoners who had been sentenced to death. In addition to being inaccurate, such reports were unlikely to have been helpful to this citizen’s best interests.

We keep all aspects of this case, including the Department’s own approach, under review. However, at all times, the key consideration for me and my Department has been, and will continue to be, to ensure that any action that is taken is in this citizen’s best interests. However, I would like to assure the deputy that officials in the Department of Foreign Affairs and Trade, both in Dublin and in Cairo, remain in ongoing contact with this individual and his family, and will continue to offer full consular support. We will continue to engage appropriately with the Egyptian authorities, will remain resolute in seeking to protect the interests of the citizen concerned and will do all possible to achieve a positive outcome.

Undocumented Irish in the USA

Ceisteanna (174)

Brendan Smith

Ceist:

174. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade the outcome of any recent discussions he has had with the authorities in the United States of America regarding the proposed immigration reform legislation; and if he will make a statement on the matter. [15077/15]

Amharc ar fhreagra

Freagraí scríofa

Achieving relief for undocumented Irish migrants in the US is a priority for the Government in our contacts with the United States. Through our Embassy in Washington and our Consulates throughout the U.S., we continue to work closely with high level Government contacts and with many other individuals and groups across Irish America and beyond. All of this work is aimed at achieving relief for undocumented Irish migrants in the United States and improved channels for legal migration between Ireland and America. Throughout his recent visit to the US and in a series of high level contacts with the US Administration, with Congress and at State level, the Taoiseach raised the issue of immigration reform and the plight of the undocumented Irish, stressing that almost every family in Ireland is related to or knows somebody who is caught up in this deeply distressing situation. During his meeting with President Obama on 17 March the Taoiseach commended him on his executive action announced late last year. The Deputy would be aware that this action is currently the subject of legal proceedings in the US federal courts. The Taoiseach emphasised the need to allow the undocumented to come out of the shadows and be free to travel home for family events. He also highlighted the issue of those amongst the Irish undocumented who might be eligible for visas, but who would be required to return to Ireland for their issuance and hence would require waivers for their prior period of undocumented residence. The Taoiseach also pointed to the need for a legal pathway to allow for future Irish immigration to the US for those who wish to make a contribution there, expressing the hope that a political way forward could be found on this issue which would encourage progress on a comprehensive legislative package by Congress. President Obama spoke of his executive actions on immigration reform and acknowledged the contribution of Irish immigrants to America’s development. He considered that one of the great strengths of the United States had always been its willingness to welcome new immigrants to its shores.

I also raised immigration reform issues, including the possibility of immigration reform legislation, when I met with Vice President Biden in Boston on 30 March. I have also had the opportunity to discuss these matters on a number of occasions with US Ambassador O’Malley. The Government as a whole, including my Department in Dublin and our Embassy in Washington, will continue to actively follow up on all of the issues raised in recent contacts with the US Administration, with Congress and with the US Embassy in Ireland.

Northern Ireland Issues

Ceisteanna (175)

Brendan Smith

Ceist:

175. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade when the next meeting of the implementation group on the Stormont House Agreement will take place; the issues to be discussed at that meeting; and if he will make a statement on the matter. [15078/15]

Amharc ar fhreagra

Freagraí scríofa

In accordance with the review and monitoring provisions of the Stormont House Agreement, quarterly review meetings are held involving the Northern Ireland Executive party leaders and the British and Irish Governments. The second such meeting took place in Belfast on 27 March at which I represented the Government. The meeting reviewed progress made to date on the detailed implementation timeline for the Stormont House Agreement which was agreed by the NI Executive party leaders and the two Governments at the first review meeting of 30 January. The next review meeting is scheduled to take place in June. A six-monthly update on progress on implementation of the Agreement is due to be published at that time, in accordance with the review and monitoring provisions of the Agreement. The Government remains committed to playing its part in ensuring the full implementation of the Stormont House Agreement.

Foreign Conflicts

Ceisteanna (176)

Brendan Smith

Ceist:

176. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade if the ongoing humanitarian crisis in Syria and adjoining areas will be discussed at the next European Union Foreign Affairs Council meeting; and if he will make a statement on the matter. [15079/15]

Amharc ar fhreagra

Freagraí scríofa

Ireland has strongly engaged with the efforts of the European Union to promote a political resolution of the current conflict in Syria. We have repeatedly stressed that only a political solution can achieve a sustainable peace in Syria. We will also continue to address the humanitarian consequences of the conflict and provide urgent assistance and support to the civilian populations within Syria and neighbouring countries who have been displaced or suffered violations of their rights. Syria has been discussed regularly at meetings of the Foreign Affairs Council. At present, it is not on the agenda for the meeting on 20 April. However, at the most recent meeting, in March, a strategy was adopted outlining how the EU and its Member States can counter the threat posed by ISIS and help restore peace and security in Syria and Iraq. At the December meeting of the Council, the UN Special Envoy for Syria, Staffan di Mistura, discussed measures to address the acute security and humanitarian situation, as well as possible steps to move towards a political process. The protracted crisis in Syria and the region has resulted in immense humanitarian need. More than 200,000 people have lost their lives, and there are now over 12.2 million people in need of immediate life-saving support within Syria. Due to the violence and the lack of access to aid, 3.8 million people have left Syria for neighbouring countries. The crisis has had a particularly devastating impact on civilians, as recent events in Yarmouk refugee camp in Damascus show. Ireland is particularly mindful of the impact of the crisis on neighbouring countries which are supporting large populations of vulnerable Syrian refugees. We also remain gravely concerned about barriers to humanitarian access in Syria and have consistently advocated for safe and unimpeded humanitarian access and respect by all parties for International Humanitarian Law.

The EU is the main donor in response to the humanitarian crisis in Syria, providing a total of €3.6 billion since the outset of the conflict. Ireland has played its part as one of the most generous international contributors to the humanitarian response on a per capita basis, and has provided over €32 million in humanitarian assistance to Syria since 2011, through UN partners, NGOs and the Red Cross. At the recent UN Pledging Conference for Syria, which took place in Kuwait on 31 March, my colleague, Minister of State Sherlock, announced an additional pledge of €12 million on behalf of the Irish government which will be used to provide lifesaving assistance to those in need in Syria and in neighbouring countries over the course of 2015. This pledge will bring Ireland’s total contribution to the Syria crisis to €41 million.

Passport Application Refusals

Ceisteanna (177)

Bernard Durkan

Ceist:

177. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs and Trade the reason one of the children of a person (details supplied) in Dublin 24 does not qualify for an Irish passport, while the child's parents and siblings are all Irish passport holders, in view of the fact that the child was born here; and if he will make a statement on the matter. [15121/15]

Amharc ar fhreagra

Freagraí scríofa

The Department wrote to the applicant’s parents on 27 November, 2014 to give notice of its intention to refuse him a passport under the Passports Act, 2008 (the Act) on the grounds that he was not an Irish citizen. This letter explained that the submitted application did not demonstrate their son’s entitlement to Irish citizenship under section 6A of the Irish Nationality and Citizenship Act, 1956 as amended (the 1956 Act); the 1956 Act was amended in 2004 to stipulate that a person, born in the State on or after 1 January 2005, where neither parent is an Irish or British citizen or otherwise entitled to reside in the State or Northern Ireland without restriction at the time of that person’s birth, may claim citizenship by birth in the State (and thereby establish eligibility for an Irish passport) only where a parent has been lawfully resident in the State for three years of the four years preceding that person’s birth; and (iii) the submitted evidence of the mother’s lawful residence in the State covered the period 12 April, 2006 to 4 January, 2009. This fell short of the three year period as required by Section 6A of the 1956 Act. On this basis, the applicant was not considered to be an Irish citizen and thus had no entitlement to a passport.

In a reply, dated 11 December, 2014, the parents referred to the fact that their three older children were all issued with Irish passports. They accepted, however, that their son did not qualify for citizenship under section 6A of the 1956 Act. Nonetheless, they were of the view that he was an Irish citizen by virtue of his birth and length of residence in the State.

These points, however, failed to demonstrate his entitlement to Irish citizenship for the following reasons:

the applicant’s siblings were all born in Ireland before 1 January, 2005. The 2004 amendment of the 1956 Act did not, therefore, apply to them. Accordingly, they were all Irish citizens from birth; and (b) the lawful residence of the applicant in Ireland is relevant to an application for naturalisation. No evidence has been presented to the Department to show that he is a naturalised citizen.

As the correspondence from the applicant’s parents failed to establish his entitlement to Irish citizenship, the Department wrote to them on 29 December, 2014 to inform them that a passport had been refused to him.

It should be noted that this decision was taken on the basis that entitlement to Irish citizenship had not been proven under section 6A of the 1956 Act. It may well be the case that such entitlement may exist under the naturalisation provisions of that Act. The applicant’s parents may, therefore, wish to pursue this matter with the Department of Justice and Equality which processes applications for this category of citizenship.

Pupil-Teacher Ratio

Ceisteanna (178)

Timmy Dooley

Ceist:

178. Deputy Timmy Dooley asked the Minister for Education and Skills the number of primary school classes which have 37 or more pupils; and if she will make a statement on the matter. [15000/15]

Amharc ar fhreagra

Freagraí scríofa

Provisional results from the 2014/2015 National School Annual Census show that there were 57 primary school classes in the State which had 37 or more pupils. Final figures will be published at the end of June. Further details on individual school class size is available on my Department's website at www.education.ie/en/Publications/Statistics/Data-on-Individual-Schools/.

Student Grant Scheme Appeals

Ceisteanna (179)

Billy Timmins

Ceist:

179. Deputy Billy Timmins asked the Minister for Education and Skills the position regarding an appeal under the Student Universal Support Ireland Scheme in respect of a person (details supplied) in County Wicklow; and if she will make a statement on the matter. [15028/15]

Amharc ar fhreagra

Freagraí scríofa

The appeal of the student referred to by the Deputy was considered by the Student Grant Appeals Board on 26 March 2015 and a letter issued to the student on the same date informing him of the Board's decision.

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