Written Answers Nos. 546-564
546. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to outline the current residency status in the case of a person (details supplied) in County Clare who has been living and working here consistently for eight years; and if she will make a statement on the matter. [21685/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the first named person arrived in the State on 04 November 2005 as a visitor. If it is the case that the individual in question has remained in the State since that time it would therefore seem that this person has remained here without permission. This is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-Irish national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non Irish-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.
It would seem that this person failed to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non nationals in respect of registration and in particular to the requirements of Section 9(2)(b) of the Act of 2004.
A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence is liable under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.
I have been advised that there is no record of the second named person and that if this person is currently in the State they are also residing illegally in the State.
The first and second named persons should now present themselves to their local Garda Station.
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.
547. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to set out the current or expected residency status in the case of a person (details supplied) in County Clare and his family who arrived here in 2006; and if she will make a statement on the matter. [21686/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question arrived in the State on 12/05/2006 as a visitor. If it is the case that the individual in question has remained in the State since that time it would therefore seem that this person has remained here without permission. This is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-Irish national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non-Irish national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.
It would seem that this person failed to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non nationals in respect of registration and in particular to the requirements of Section 9(2)(b) of the Act of 2004.
A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence is liable under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.
The person in question should now present himself to his local Garda Station.
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.
548. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if permission to remain under the Irish graduate programme will issue in the case of a person (details supplied) in Dublin 1; and if she will make a statement on the matter. [21687/15]
Amharc ar fhreagraI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy entered the State as a student on 30 July 2007 and registered on Student conditions on 17 August 2007. This permission expired on 29 November 2011. If this person has been present in the State since that date they have been unlawfully present. This would be in breach of Section 5(1) of the Immigration Act 2004 which provides that no non-national may be in the State other than in accordance with the terms of any permission given to him or her by or on behalf of the Minister. Furthermore Section 5(2) of the Act provides that a non Irish national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.
On 23 February 2015, this person applied for an extension of student conditions. This application is currently under review and there will be no unnecessary delay in the processing of this application.
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.
549. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to set down the current residency status in the case of a person (details supplied) in County Galway; and if she will make a statement on the matter. [21688/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 5 August 2014. This Deportation Order was made following a detailed examination of the representations they submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).
The effect of a Deportation Order is that the person concerned must leave the state and remain thereafter outside the State. The enforcement of Deportation Orders is an operational matter for the Garda National Immigration Bureau.
However, if new information or circumstances have come to light which has a direct bearing on this case and which have arisen since the original decision to deport was made, there remains the option of applying to me for revocation of the Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999 (as amended). However, I wish to make clear that such an application would require substantial grounds to be successful.
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.
550. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to outline the progress to date in the determination of an application pursuant to section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, as amended, in the case of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [21689/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, as the person concerned had no valid basis to remain in the State, they were, by letter dated 29th April, 2014, notified that the then Minister proposed to make a Deportation Order in respect of them, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended). 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 on behalf of 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 fully considered in advance of a final decision being made.
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.
551. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if stamp 4 will be extended to cater for an application for naturalisation in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [21690/15]
Amharc ar fhreagraI am informed by the Naturalisation Immigration Service (INIS) of my Department that the parents of the person concerned were granted permission to remain in the State in 2001 under the arrangements then in place for the non-EEA national parents of Irish born citizen children. The person concerned was granted permission to remain in the State for one year on a stamp 4 basis until 23 January, 2015. Her permission to remain in the State has now expired. It is open to the person concerned to apply to have her permission to remain further renewed. Any such application must be made in writing and should be addressed to the Residence Division 4, INIS, Department of Justice and Equality, 13-14 Burgh Quay, Dublin 2.
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.
552. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to set out the current or expected residency status in the case of a person (details supplied) in County Laois; and if she will make a statement on the matter. [21695/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order that was signed on 5 November 2013 and the applicant was notified by letter dated 14 November 2013.
The person concerned has ongoing Judicial Review proceedings seeking to quash the Deportation Order made against the applicant. As the foregoing matters are sub judice, I am precluded from commenting further.
Queries in relation to the status of individual immigration cases may be made directly to INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The 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 in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.
553. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to set out the progress to date in the determination of an application for a visa in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [21696/15]
Amharc ar fhreagraI have been advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to by the Deputy has been approved, the applicant has been informed of the decision, and can now arrange collection of the visa from the Dublin Visa Office.
Queries in relation to general immigration matters 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.
554. Deputy Clare Daly asked the Minister for Justice and Equality if she will repeal section 37.1 of the Equality Act 2004. [21713/15]
Amharc ar fhreagraThe Employment Equality (Amendment) (No.2) Bill currently before the Seanad at Committee Stage proposes to amend, rather than repeal, section 37(1) of the Employment Equality Act 1998. I would draw the Deputy's attention to the Supreme Court judgment in the Article 26 referral of the Employment Equality Bill 1996, in which the court found that the provision - which later became section 37 of the Employment Equality Act 1998 - struck a reasonable balance between the competing constitutional rights involved here. Accordingly, it is essential that the reform of section 37 should strike an appropriate balance as between freedom of religion, which incorporates freedom of religious groups to establish their own institutions, including educational institutions, on the one hand and the right of individual as employees to be free from discrimination, on the other.
As I mentioned before, the Government supports the aims of this Private Members' Bill to strengthen the protection afforded to LGBTI persons and I will be bringing forward a number of amendments to improve the Bill when Committee Stage resumes in the Seanad. The details of these amendments will be published as soon as they have been drafted and approved by Government with a view to the Bill's early enactment.
555. Deputy Marcella Corcoran Kennedy asked the Minister for Justice and Equality if she has considered the Constitutional Convention's report on blasphemy; if she will legislate for the recommendation rather than deal with it by referendum; and if she will make a statement on the matter. [21728/15]
Amharc ar fhreagraThe offence of blasphemy is contained in Article 40.6.1(i) of the Constitution, which provides that 'The publication or utterance of blasphemous ... material is an offence which shall be punishable in accordance with law.'
The current statutory provision for the offence of blasphemy is section 36 of the Defamation Act 2009, which defines what constitutes blasphemy, and what defences and penalties apply. It was introduced following the advice of successive Attorneys General that it was required, following the Supreme Court’s decision in the Corway case in order to give legislative effect to the offence of blasphemy contained in Article 40.6.1(i) of the Constitution. Therefore, whether the legislative provision can be removed will depend on whether the constitutional position of blasphemy is changed by referendum.
The Deputy will be aware that the Government agreed last September to hold a referendum on removing the offence of blasphemy contained in Article 40.6.1.1 of the Constitution, in response to the 6th Report of the Convention on the Constitution. The Government's response was presented in the Dáil last October.
The work necessary to prepare a Referendum Bill, and a Bill to amend the current legislative provision for the offence of blasphemy, is ongoing in my Department.
An appropriate date for the Referendum will be decided by Government when the legislation has been prepared. Earlier this year, the Taoiseach confirmed in the Dáil that the blasphemy referendum would not be held in 2015, as two referenda had already been scheduled.
In the meantime, my officials and I are working on preparing the necessary legislation, which is included in the current Government Legislative Programme.
557. Deputy Brendan Griffin asked the Minister for Justice and Equality if she will consider tightening the law in an area (details supplied) in County Kerry; and if she will make a statement on the matter. [21740/15]
Amharc ar fhreagraMy Department is currently preparing for Committee Stage of the Assisted Decision-Making (Capacity) Bill 2013 which sets out a new legal framework for facilitating and supporting decision-making by adults who have difficulty in making decisions unaided.
The Bill will provide greater options to address the decision-making needs of a range of vulnerable adults such as persons with Alzheimer’s disease, intellectual disability or mental illness and also persons who have acquired brain injuries through trauma or accident. Its enactment will be a key element in enabling Ireland to ratify the UN Convention on the Rights of Persons with Disabilities.
The Bill provides a capacity test which will be used by the court and by healthcare professionals to determine whether or not a person has capacity. Where a person is suffering from Alzheimer's disease and lacks the capacity to make decisions without some form of assistance, there will be a number of support options available. The court will be able to appoint a decision-making representative to take specified decisions on the person's behalf where the court finds that the person lacks capacity to take such decisions. A person will also be able voluntarily to appoint a co-decision-maker to take decisions jointly with him or her. In addition, a person will be able, as at present, to appoint an attorney under an enduring power of attorney to take decisions once the person no longer has capacity.
Where the court has appointed a decision-making representative or where an enduring power of attorney has been registered, it will no longer be possible for the person with Alzheimer's disease to take decisions or to sign documents in relation to the decisions for which a decision-making representative or an attorney have been appointed. Similarly, the person will have to take decisions and to sign documents jointly with the co-decision-maker on matters encompassed by the co-decision-making agreement.
The Bill does not give any intervener the right to become involved in the making of a person’s will and the normal avenues available to those who wish to contest a will remain open.
Decision-making representatives, attorneys and co-decision-makers will all be answerable to the Office of the Public Guardian.
Committee Stage is scheduled for 17 June and it is my expectation that the Bill will be enacted this year.
558. Deputy Róisín Shortall asked the Minister for Justice and Equality further to Parliamentary Question No. 213 of 28 April 2015 the reason for the delay in issuing a Garda clearance in respect of a person (details supplied) in Dublin 11; and if she will make a statement on the matter. [21764/15]
Amharc ar fhreagraI have sought the information from the Garda authorities and I will communicate with the Deputy as soon as it is to hand.
559. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will investigate a Garda vetting case (details supplied) in County Dublin; and if she will make a statement on the matter. [21773/15]
Amharc ar fhreagraI am informed by the Garda authorities that a vetting application in respect of the person referred to was received by the Garda Central Vetting Unit on 1 May 2015. However, the application was incomplete and returned to the registered organisation concerned for completion.
The completed application was re-submitted to the Vetting Unit on 4 June, 2015. The application is currently being processed and will be returned to the Authorised Signatory in the registered organisation when completed.
560. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to set out the progress to date in determining an application for stamp 4 in the case of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [21781/15]
Amharc ar fhreagraI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department, that the person referred to by the Deputy currently has an application pending for residency in the State, since 12th May 2015, arising from their De Facto Relationship with an Irish national. Applications of this type are dealt with in chronological order and a decision will issue on their case in the coming months.
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.
561. Deputy Brendan Griffin asked the Minister for Justice and Equality when the legal services authority will be in place; and if she will make a statement on the matter. [21814/15]
Amharc ar fhreagraThe Legal Services Regulation Bill 2011 completed its passage through the Dáil on 22 April. It completed Second Stage in the Seanad on 12 May 2015. Preparations for the establishment of the new and independent Legal Services Regulatory Authority are ongoing, including in conjunction with the Department of Public Expenditure and Reform. An allocation of €500,000 has been made under the Justice Vote by way of start-up support. It is the intention that the passage of the Bill through the Oireachtas be completed so that the new Legal Services Regulatory Authority can come into operation without delay this year.
562. Deputy Michael Healy-Rae asked the Minister for Justice and Equality to set out her views on a matter regarding anti-social behaviour in a town (details supplied) in County Kerry; and if she will make a statement on the matter. [21826/15]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
I have however been informed by the Garda Commissioner that the personnel strength of Kerry Garda Division on 30 April 2015, the latest date for which figures are readily available, was 287 of which 137 are assigned to Tralee Garda District with 89 Garda assigned to Tralee Garda station. There are also 32 Garda Reserves and 32 Civilians attached to Kerry Garda Division.
The Deputy will be aware that the first intake since 2009 of 100 new recruits entered training at the Garda College, Templemore, on 15 September 2014. As part of Budget 2015, a further intake of 200 recruits in two batches was announced. The remaining 100 entered the college in early February. This will bring to 300 the number of recruits in the Garda College and is a measure of the Government's commitment to ensure that recruitment to An Garda Síochána continues seamlessly. The September intake attested as members of the Garda Síochána on 23 April 2015. The December intake will attest in Summer 2015 and the February intake will attest in Autumn 2015. In addition, I have received sanction from the Minister for Public Expenditure and Reform for two further intakes of 125 Garda recruits later this year. Of the first batch to be attested, five members have been assigned to the Kerry Garda Division and are stationed in Tralee Garda station.
An Garda Síochána are statutorily obligated to ensure that the peace is preserved and public order maintained, as well as protecting life and property and vindicating the human rights of every individual in the State. An Garda Síochána will investigate complaints made to them and bring those responsible to justice, including by detecting and investigating alleged anti-social behaviour.
Local Garda management is aware of complaints of anti social behaviour, which is predominantly caused by youths and children who congregate in the area and a high visibility Garda presence is provided in the area where possible. The area in question is also covered by a Garda CCTV camera which is monitored on an ongoing basis from the communications room situated at Tralee Garda Station.
All members of An Garda Síochána proactively target public disorder and anti-social behaviour and all such incidents, detected by members on patrol or reported to An Garda Síochána are dealt with immediately and the suspected offenders are dealt with in accordance with the law.
563. Deputy Pearse Doherty asked the Minister for Justice and Equality if she will provide details, in tabular form, of State funding to Women's Aid for the past ten years, including in 2015 to date. [21847/15]
Amharc ar fhreagraThe information sought by the Deputy is contained in the following table insofar as it relates to my Department. During this time funding has been, in the main, provided by Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence towards awareness-raising activities and by the Commission for the Support of Victims of Crime and the Victims of Crime Office for court accompaniment services. However, the Deputy may be aware that core funding for Women's Aid is provided through Tusla, the Child and Family Agency, which is the responsibility of my colleague, the Minister for Children and Youth Affairs.
|
YEAR |
FUNDING ALLOCATED (€) |
|
2015 |
119,244 |
|
2014 |
88,276 |
|
2013 |
112,792 |
|
2012 |
129,260 |
|
2011 |
131,007 |
|
2010 |
130,100 |
|
2009 |
72,605 |
|
2008 |
69,455 |
|
2007 |
95,216 |
|
2006 |
143,461 |
|
TOTAL ALLOCATED OVER TEN YEARS |
1,091,416 |
564. Deputy Arthur Spring asked the Minister for Justice and Equality to outline her plans to allocate additional gardaí from the selection of qualified Garda recruits to Tralee town in County Kerry in view of the reasons submitted in correspondence (details supplied). [21911/15]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
I have however been informed by the Garda Commissioner that the personnel strength of Kerry Garda Division on 30 April 2015, the latest date for which figures are readily available, was 287 of which 137 are assigned to Tralee Garda District with 89 Garda assigned to Tralee Garda station. There are also 32 Garda Reserves and 32 Civilians attached to Kerry Garda Division.
The Deputy will be aware that the first intake since 2009 of 100 new recruits entered training at the Garda College, Templemore, on 15 September 2014. As part of Budget 2015, a further intake of 200 recruits in two batches was announced. The remaining 100 entered the college in early February. This will bring to 300 the number of recruits in the Garda College and is a measure of the Government's commitment to ensure that recruitment to An Garda Síochána continues seamlessly. The September intake attested as members of the Garda Síochána on 23 April 2015. The December intake will attest in Summer 2015 and the February intake will attest in Autumn 2015. In addition, I have received sanction from the Minister for Public Expenditure and Reform for two further intakes of 125 Garda recruits later this year. Of the first batch to be attested, five members have been assigned to the Kerry Garda Division and are stationed in Tralee Garda station.
An Garda Síochána are statutorily obligated to ensure that the peace is preserved and public order maintained, as well as protecting life and property and vindicating the human rights of every individual in the State. An Garda Síochána will investigate complaints made to them and bring those responsible to justice, including by detecting and investigating alleged anti-social behaviour.
Local Garda management is aware of complaints of anti social behaviour, which is predominantly caused by youths and children who congregate in the area and a high visibility Garda presence is provided in the area where possible. The area in question is also covered by a Garda CCTV camera which is monitored on an ongoing basis from the communications room situated at Tralee Garda Station.
All members of An Garda Síochána proactively target public disorder and anti-social behaviour and all such incidents, detected by members on patrol or reported to An Garda Síochána are dealt with immediately and the suspected offenders are dealt with in accordance with the law.
