Thursday, 18 Jun 2015

Written Answers Nos. 174-84

Drugs Seizures

Ceisteanna (174)

Pearse Doherty

Ceist:

174. Deputy Pearse Doherty asked the Minister for Justice and Equality if she will provide, in tabular form, the amount, in value, of illegal drugs seized in each of the past five years. [24328/15]

Freagraí scríofa

Minister for Justice and Equality

I wish to advise the Deputy that it has not been possible to provide the data sought in the time available for reply. However, I have requested the Garda authorities to provide the requested information and I will arrange for all available information to be forwarded to the Deputy upon receipt.

Proposed Legislation

Ceisteanna (175, 176)

Niall Collins

Ceist:

175. Deputy Niall Collins asked the Minister for Justice and Equality the actions her Department is taking following the publication of the findings of the Moriarty tribunal report; and if she will make a statement on the matter. [24340/15]

Niall Collins

Ceist:

176. Deputy Niall Collins asked the Minister for Justice and Equality the actions that have been taken since the publication of the report of the Moriarty tribunal to prevent the malpractices outlined in the report from reoccurring; and if she will make a statement on the matter. [24341/15]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 175 and 176 together.

As the Deputy will be aware, the report of the Moriarty Tribunal made a number of recommendations which related to the responsibilities of different Government Departments. In this regard I understand that there have been relevant developments in the fields of financial regulation, company law, and electoral law. As Minister for Justice and Equality, I can only respond in relation to the recommendations which refer to my own Department's responsibilities.

In this regard, the Tribunals Bill is under review in my Department. I can assure the Deputy that this work has entailed detailed consideration being given within my Department to the full suite of recommendations made by the Moriarty Tribunal in its Report of March 2011 and the Mahon Report in March 2012, to the relevant judgments delivered by the Supreme Court in July 2011 and October 2012, and to the developing experience regarding the operation of Commissions of Investigation. The review will be completed as soon as possible, but is dependent on other legislative priorities. Accordingly, the likely time frame cannot be indicated with any certainty at this point.

In addition, I am informed by the Garda authorities that, following the examination by An Garda Síochána of the report of the Moriarty Tribunal, the advice of the Director of Public Prosecutions was sought with a view to determining whether or not a full Garda investigation should be commenced. As this process is ongoing it would not be appropriate for me to comment in further detail at this time.

Prison Facilities

Ceisteanna (177)

Clare Daly

Ceist:

177. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 512 and 513 of 26 May 2015, in relation to moneys generated in prison tuck shops, which are transferred to the Prisoner Assistance Programme Fund, the amount of money that has been generated in each of the past five years; where these moneys are accounted for; the amount that was paid out from this fund and to how many prisoners it was paid out; the way the fund is advertised among the prisoner population, particularly those with no families or friends; and the amount of moneys that were provided to the Red Cross and to the community return programme. [24351/15]

Freagraí scríofa

Minister for Justice and Equality

I wish to advise the Deputy that I am making enquiries with the Irish Prison Service in relation to the information sought by the Deputy and I will write to the Deputy shortly.

Prison Staff

Ceisteanna (178)

Clare Daly

Ceist:

178. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 511 of 26 May 2015, in which she stated that prisoners were not kept locked up for longer than the agreed hours, her views on claims in relation to the Midlands Prison, where prisoners who are supposed to be let out for exercise each evening from 5:20 p.m. to 7:30 p.m. are actually unlocked at 5:30 p.m. and re-locked back at 7:20 p.m., and similarly are regularly locked back in for their breakfast, for almost an hour every day, when the actual time should be half an hour. [24352/15]

Freagraí scríofa

Minister for Justice and Equality

I refer to my reply to Question No. 511 on 26 May 2015 in which I advised the Deputy that there is no practice in place of prisoners not being released from their cells at the appropriate time in the morning, and going into lock-up earlier in the evenings.

I am advised by the Irish Prison Service that there are occasions when, for various reasons, delays in moving prisoners to schools, workshops etc, do occur. However these issues are managed locally in the prisons and prison management make every effort to ensure that such occurrences are kept to a minimum.

With reference to the average day for a prisoner in Midlands Prison I can inform the Deputy that the daily timetable for the prison is as follows:

Time	Daily Timetable
8.00	Staff on Duty
8.10	Unlock prisoners for breakfast
8.40	Prisoners locked secure in cells
9.15	Unlock prisoners for recreation, visits, workshops and school
12.15	Prisoners return from workshops, school, visits. Served with dinner and locked secure in cells
12.45	Prison locked secure
14.05	Unlock prisoners for recreation, visits, workshops and school
16.15	Prisoners return from workshops, school, visits. Served with evening meal and locked secure in cells
16.45	Prison locked secure
17.15	Prisoners unlocked for evening recreation
19.30	Prisoners fall in from recreation, collect medication and locked secure in cells

I can also advise the Deputy that a robust complaints procedure is now in place in the Irish Prison Service and that on receipt of a complaint from a prisoner, the Irish Prison Service will ensure that it is fully investigated.

Residency Permits

Ceisteanna (179)

Bernard Durkan

Ceist:

179. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will provide details of the current and-or expected position in regard to an application for residency status-naturalisation-Stamp 4 status in the case of a person (details supplied) in County Kildare and that person's spouse; and if she will make a statement on the matter. [24410/15]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it is not possible to identify the person referred to by the Deputy from the information supplied. If a date of birth could be provided and address details verified and provided to INIS they will be in a position to assist.

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.

Asylum Applications

Ceisteanna (180)

Bernard Durkan

Ceist:

180. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of applications received for refugee and asylum status in each of the past five years to date; the numbers approved, rejected, or pending, excluding those applications made prior to the period in question; and if she will make a statement on the matter. [24412/15]

Freagraí scríofa

Minister for Justice and Equality

The Office of the Refugee Applications Commissioner (ORAC) received the following numbers of applications in each year since 2010: 1,939 in 2010; 1,290 in 2011; 956 in 2012; 946 in 2013; 1,448 in 2014; and 1,147 in 2015 (to end May). Of those received in this period 601 were granted refugee status, 3,983 were refused and 2,535 are pending decision in ORAC or the Refugee Appeals Tribunal. More than 1,000 of the applications pending in ORAC were received in 2015. The balance of applications received are predominantly cases processed under the Dublin II system.

While currently the vast majority of applications at first instance are processed by ORAC within a six month period from time of application, the median processing times is extending due to the sharply increasing volumes of applications in 2014 and 2015 to date.

Residency Permits

Ceisteanna (181)

Bernard Durkan

Ceist:

181. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 132 of 14 May 2015, and to where a recent decision was received from the Refugee Appeals Tribunal under section 16(2)(a) of the Refugee Act 1996, to the effect that the appeal was rejected, if she will set out in what further way the applicant may have the case further considered; and if she will make a statement on the matter. [24413/15]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned, by letter dated 17th June, 2015, was refused a declaration as a refugee. This communication also advised the person concerned of their entitlement to apply for subsidiary protection in accordance with the provisions of the European Union (Subsidiary Protection) Regulations 2013. Any such application must be lodged with the Offices of the Refugee Applications Commissioner, 79-83 Lr. Mount Street, Dublin 2, within a period of 15 working days.

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.

Deportation Orders

Ceisteanna (182)

Bernard Durkan

Ceist:

182. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the further procedures still available in the case of a person (details supplied) in Dublin 22 who has one dependent child; and if she will make a statement on the matter. [24414/15]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, following the refusal of their asylum and subsidiary protection applications, the person concerned was, by letter dated 16th June, 2015, advised of the options now open to them in terms of their position in the State. These options, as provided for under Section 3 of the Immigration Act 1999 (as amended), are to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within a period of 15 working days, written representations setting out reasons as to why a Deportation Order should not be made against them. The position in the State of the person concerned will be further considered upon receipt of their response to my Department's letter dated 16th June, 2015.

I am advised also that the child of the person concerned has had their asylum claim refused, at both first instance and on appeal. They proceeded to initiate judicial review proceedings in the High Court, challenging the Decision of the Refugee Appeals Tribunal in their case. These proceedings were finalised in the Tribunal's favour on 22nd April, 2015 meaning that the earlier Decision of the Tribunal stands. Upon receipt of the written Judgment of the High Court, a representative of the INIS will be in contact with the child of the person concerned to advise them of the options open to them as a result.

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.

Asylum Applications

Ceisteanna (183)

Bernard Durkan

Ceist:

183. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the further procedures available to substantiate an appeal for long-term residency status in the case of a person (details supplied) in County Waterford whose application for subsidiary protection has been rejected; and if she will make a statement on the matter. [24415/15]

Freagraí scríofa

Minister for Justice and Equality

If the person whose details were supplied has made an application for subsidiary protection, the Deputy will be aware that it is not the practice to comment on such applications until such time as they have fully completed the protection process.

If an applicant is determined by the Office of the Refugee Applications Commissioner (ORAC) not to be eligible for subsidiary protection status he/she is advised of this recommendation in writing. The applicant is further advised that, if he/she wishes to appeal the negative recommendation, this must be done within 15 working days from the date of the notice. A leaflet setting out the appeals process is included for the applicant's information. All appeals must be submitted to the Refugee Appeals Tribunal, 6-7 Hanover Street, Dublin 2.

The applicant is further advised that if an appeal is not received within 15 working days, the applicant's file is forwarded to the Ministerial Decisions Unit of the Department which will then contact the applicant regarding his/her position in the State.

Applicants or their legal representatives are free to contact the relevant office of my Department if they have a query in relation to their application.

Naturalisation Applications

Ceisteanna (184)

Bernard Durkan

Ceist:

184. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency-Stamp 4-naturalisation in the case of a person (details supplied) in Dublin 22; and if she will make a statement on the matter. [24417/15]

Freagraí scríofa

Minister for Justice and Equality

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

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, and will be submitted to me for decision as expeditiously as possible.

The person referred to currently has permission to remain in the State until 21st July, 2016.

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.