Written Answers Nos. 225-247
225. Deputy Micheál Martin asked the Minister for Justice and Equality her views on the commitments made to the families of the victims of the Kingsmill massacre in March 2015; and the actions she has taken since. [22962/15]
Amharc ar fhreagraIt has been the long-standing desire of the Government and the Garda Authorities to co-operate to the greatest degree possible under the law with the Northern Ireland Coroner's Inquest into the horrific murders of ten innocent people at Kingsmill, Co. Armagh by the Provisional IRA in January 1976.
The Garda Authorities have been engaged in an ongoing legal process to facilitate this co-operation in discussion with the Northern Ireland Coroner's Office. Particular legal issues arose in the process of the preparation of material by An Garda Síochána for transmission the Coroner. The Government identified a way forward to help provide a means to deal with some of the legal obstacles.
On 3 June 2015 the Government agreed these measures and also formally agreed that as much information as possible, in accordance with the law, should be provided to the inquest. I issued a Directive to the Garda Commissioner under the Garda Síochána Act 2005 and I made Regulations under the Data Protection Act 1988, both of which I laid before the Oireachtas. The Directive and Regulations have facilitated the Garda Authorities and, accordingly, the process of transferring material to the Northern Ireland Coroner commenced on 12 June.
The Garda Authorities will continue to work with the Northern Ireland Coroner to ensure that the greatest amount of material possible, in accordance with the law, can be provided in support of the Inquest.
226. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding serving members of An Garda Síochána and the Garda Síochána Ombudsman Commission (details supplied); and if she will make a statement on the matter. [27058/15]
Amharc ar fhreagraThe Garda Síochána Act 2005 sets out a scheme by which the investigation of complaints made to the Garda Síochána Ombudsman Commission (GSOC) may be carried out. All allegations against Gardaí of criminal offences are directly investigated by GSOC's own investigators. With regard to allegations of breaches of discipline, these may be referred by GSOC, at its discretion, to the Garda Commissioner for investigation, with or without supervision by GSOC.
The objective of the Act in giving this discretion to GSOC is to ensure that it can focus resources on directly investigating the more serious complaints, while also recognising the responsibility of the Garda Commissioner and senior Garda management for discipline in the Garda Síochána.
227. Deputy Michael McGrath asked the Minister for Justice and Equality if legislation promised in May 2015 on mortgage arrears and the bank veto in the Personal Insolvency Act 2012 will be published before Dáil Éireann recesses for the summer; and if she will make a statement on the matter. [27103/15]
Amharc ar fhreagraI can confirm to the Deputy that following Government approval today I will be bringing forward the relevant amendments to the Personal Insolvency Act 2012, by way of Report Stage amendments to the Personal Insolvency (Amendment) Bill 2014, next week in the Dáil.
228. Deputy Niall Collins asked the Minister for Justice and Equality if she or her Department received or read an academic article entitled, The Representative Sample in the Murphy Report; if it was considered; if any response was issued regarding the observations therein; and if she will make a statement on the matter. [27104/15]
Amharc ar fhreagraMy Department is familiar with the article referred to by the Deputy and its contents have been noted. The article contains a critique of the approach taken by the Commission of Investigation into the Dublin Archdiocese in selecting cases for examination as part of its investigation. The position is that the Commission carried out its functions independently, in accordance with the Commissions of Investigation Act, 2004. Neither I nor my Department has any statutory role in relation to reviewing the work of the Commission and there are no plans to reopen its inquiries or findings.
229. Deputy Clare Daly asked the Minister for Justice and Equality the reason a 30-year old investigation is being re-opened into the disappearance of a person (details supplied) in County Galway; and whether new information has come to light. [27129/15]
Amharc ar fhreagraI can advise the Deputy that all missing persons investigations remain open and active until such time as the missing person is found. As the investigation referred to is ongoing, it would not be appropriate to comment on specific aspects of the investigation or information arising along the lines referred to by the Deputy.
230. Deputy Clare Daly asked the Minister for Justice and Equality the number of official hours that have been spent by gardaí attending evictions from family homes. [27132/15]
Amharc ar fhreagraThe proceedings in which receivers take control of property are first and foremost civil proceedings to which the Gardaí are not a party, and do not have a role, unless specific actions are directed to them by the Court. There may be situations where Gardaí become aware, or are notified, that property is to be the subject of enforcement proceedings and in those circumstances it is an operational matter for Garda management to assess whether a Garda presence is advisable so as to prevent any risk of a breach of the peace.
Enquiries are being made of the Garda Commissioner on the availability of statistics on this, and I will write to the Deputy.
231. Deputy Jerry Buttimer asked the Minister for Justice and Equality if she will provide an update on a matter (details) before the Criminal Injuries Compensation Tribunal; the reason for the delay in dealing with the matter; and if she will make a statement on the matter. [27143/15]
Amharc ar fhreagraI wish to advise the Deputy that applications for compensation under the terms of the Scheme of Compensation for Personal Injuries Criminally Inflicted are decided by the Criminal Injuries Compensation Tribunal, who are entirely independent in how they deal with individual applications under the Scheme.
However, I have had enquiries made with the Tribunal on behalf of this individual and understand that the Tribunal is in receipt of an application from him.
I am informed that during the routine processing of the application it appeared that an essential document had not been submitted. I further understand that the Tribunal recently wrote to the legal representatives involved in this matter requesting that the outstanding document be submitted. On receipt of same the application will receive further attention.
232. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will provide an update regarding investigations by her Department into the Stardust tragedy; and if she will make a statement on the matter. [27161/15]
Amharc ar fhreagraI am very conscious of the deep impact the fire at the Stardust in 1981 has had on individuals and families concerned, and on the wider community. I met with the Stardust Victims and Relatives Committee last year and this meeting provided me with an opportunity to hear at first hand the ongoing concerns of the Committee in relation to this tragic event.
As the Deputy will be aware, these events were the subject of a Tribunal of Inquiry which reported in 1982 and an Independent Legal Examination which reported in 2009. The Report of the Independent Legal Examination concluded that in the absence of any identified evidence as to the cause of the fire, the most another inquiry could achieve would be another set of hypothetical findings, which would not be in the public interest. The then Government accepted these findings and motions were passed in both Houses of the Oireachtas endorsing these conclusions and expressing sympathy with the families.
Following my meeting with the Committee and hearing their concerns, I appointed an official in my Department to liaise with the Committee and they have engaged with representatives of the Committee in relation to these matters.
A researcher associated with the Committee submitted material relating to these events to my Department and a meeting was held with that Researcher, and another person associated with the Committee, on 23 April this year. The material previously submitted and the matters raised at that meeting continue to be examined in my Department.
I wish also to inform the Deputy that allegations raised by the Stardust Relatives' and Victims Committee and their representatives in relation to certain matters are the subject of an ongoing investigation by An Garda Síochána. I am informed, by the Garda Commissioner, that this is a complex investigation and, you will understand, I cannot do anything that might cut across this investigation.
233. Deputy Joe Carey asked the Minister for Justice and Equality when an application for Garda Síochána vetting will be processed in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [27167/15]
Amharc ar fhreagraI am informed by the Garda authorities that a Garda Vetting Application form was received from the Private Security Authority in respect of the person referred to on the 03/11/2014. On processing this application it was established that it was necessary to conduct further enquiries in respect of it. Those enquiries having been completed this application was processed and returned to the Authorised Signatory in the Private Security Authority on 2 July 2015.
As the Deputy will be aware, the Private Security Authority, established under the Private Security Services Act 2004, is the regulatory body with responsibility for regulating and licensing the private security industry. The Authority is an independent body under the aegis of my Department and so the processing of licence applications is a matter solely for the Authority. The Deputy will appreciate that Garda Vetting is an integral part of that licensing process.
In general, Garda Vetting processing times fluctuate upwards and downwards depending on seasonal demands and volumes received, and depending on whether further enquiries have to be conducted in any individual application. These enquiries may be conducted for many reasons such as verification of identity, updating incomplete records or establishing the outcomes of investigations or Court disposals. In such instances processing times may be significantly longer than the general average. Currently the average processing time is four weeks for 80% of Garda Vetting applications received.
234. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [27174/15]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 02 September 2009 and therefore has no entitlement to residency in the State.
The person concerned has been evading deportation since 06 October 2009 and, as such, is liable to arrest and detention for the purposes of having the Deportation Order enforced. The person concerned should, therefore, 'present' to the Garda National Immigration Bureau without further delay.
Representations were received from the person concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.
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.
235. Deputy Seán Kenny asked the Minister for Justice and Equality if she will request an assurance from the Garda Commissioner regarding Garda Síochána attendance at a festival (details supplied) in Dublin 13; and if she will make a statement on the matter. [27176/15]
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 been informed by the Garda Commissioner that local Garda Management are aware of the event in question. I am further informed that the Community Policing Unit at Coolock have been in attendance at a number of the Organising Committee meetings for the Festival and will be involved for the duration of the Festival, including the dates in question.
236. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the way Operation Obair is providing a targeted and integrated approach to criminals involved in committing burglaries in County Louth; and if she will make a statement on the matter. [27179/15]
Amharc ar fhreagraIn my previous replies to the Deputy in relation to Question No. 442 of 24 March, 2015 I outlined the Garda operational response to the issues raised by the Deputy as well as the legislative initiative which I am taking in relation to burglary crime.
In relation to the specific operational details and plans being used to target criminals in County Louth, the Deputy will appreciate these are matters for the Garda authorities and it would not be appropriate for them to be discussed publicly. However, I am informed by the Garda authorities that Operation Obair was launched in each Division in the Eastern Garda Region in April 2012. The primary objective of Operation Obair is to disrupt and prevent mobile and organised criminal groups from committing criminal offences, to apprehend suspects in the commission or the attempted commission of offences and to fully investigate, detect and, where possible, prosecute any offences outstanding against these suspects. Operation Obair is the specific burglary related operation which is in place in the Eastern Region to support the national operational strategy targeting burglary crime under Operation Fiacla. This approach provides both a preventative and detection element, and focuses on geographical areas and specific targets. Targeted offences include; burglary, aggravated burglary, robbery, possession of house breaking implements, possession of stolen property and trespassing. I am advised that, as of 30 June 2015, Operation Fiacla has led to the arrest of 13,736 persons with charges being brought against 7,828 persons nationally.
Under Operation Fiacla Gardai utilise the full range of specialist services available including the Garda Síochána Analysis Service, the Criminal Assets Bureau, Money Laundering Investigation Unit and Organised Crime Unit, as well as Forensic Science Ireland. This approach is supported by local core policing units, including community Gardaí, traffic corps and detective units, supported by the armed Regional Support Units and the Emergency Response Unit. Measures are also in place to target the use of motorways by criminal gangs and to disrupt and arrest those involved. In this regard I recently announced additional resources for new specialised vehicles to support an enhanced operational response by Gardaí to current and emerging crime threats, including burglary offences being committed by highly mobile gangs and I remain in ongoing contact with the Commissioner in relation to these matters.
237. Deputy Clare Daly asked the Minister for Justice and Equality her views that under the 1980 Hague Convention children will not be returned if there is a grave risk of harm or an intolerable situation; if she is aware that Brussels II Revised Article 11.4 states that a court cannot refuse to return a child on the basis of Article 13b of the convention if it is established that adequate arrangements have been made to secure the protection of the child after their return; and the implications of this article for Irish citizens who return to this country in order to protect their children from harm in another jurisdiction. [27185/15]
Amharc ar fhreagraAs the Deputy knows, the removal of a child from their place of habitual residence without appropriate permission is dealt with under international and EU law.
The 1980 Hague Convention on the Civil Aspects of International Child Abduction provides for the return of children who have been removed from one contracting state to another, usually by one parent against the wishes of the other parent.
The European Council Regulation (2201/2003) applies to EU member states and enhances the provisions of the 1980 Hague Convention.
Article 13 of the 1980 Hague Convention states, “....the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that....b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.”
As the Deputy has stated, Article 11.4 of the European Council Regulation (2201/2003) states; “A court cannot refuse to return a child on the basis of Article 13 b of the 1980 Hague Convention if it is established that adequate arrangements have been made to secure the protection of the child after his or her return.”
It is a matter for the relevant judicial authority in the jurisdiction where the child has been taken to (which in Ireland is the High Court) to consider whether or not adequate arrangements have been made to secure the protection of the child after their return to the requesting jurisdiction in cases where it is asserted that the child would be exposed to physical or psychological harm or placed in an intolerable situation. When a decision is taken to either return or not return a child, such decisions can be appealed.
The Minister has no role in the judicial systems in this or other jurisdictions party to the 1980 Convention and Brussels II Regulation.
238. Deputy John McGuinness asked the Minister for Justice and Equality if the standard of accommodation allocated to a person (details supplied) in Dublin 2 will be inspected, as it is unsuitable for the person's needs; and if better alternative accommodation will be arranged to suit this person's circumstances. [27202/15]
Amharc ar fhreagraThe Reception & Integration Agency (RIA) is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision. The person referred to in the details supplied is currently availing of direct provision accommodation at Hatch Hall accommodation centre in Dublin where he has resided since 2012.
This person was granted Leave to Remain in the State with effect from 19 March, 2015 and is no longer appropriate to the RIA for accommodation supports and is entitled to arrange his own accommodation. RIA wrote to him on 21 April, 2015 informing him of this and advising him to make contact with the Community Welfare Service in respect of his social welfare entitlements.
An official from RIA visited this person on 6 July to view his accommodation and discuss any issues which he may have. The RIA official was informed by this person that he had no issues with the accommodation provided by RIA and that he had sourced his own private accommodation which he expected to move to this week.
239. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determining an application for change of status in the case of a person (details supplied) in County Galway; and if she will make a statement on the matter. [27205/15]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the details of the person mentioned by the Deputy were outlined in my reply to his Parliamentary Question of 9th June 2015. The Residence Division will issue correspondence to this person within the coming three weeks.
Queries in relation to the status of or advice on 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 INIS is, in the Deputy's view, inadequate or too long awaited.
240. Deputy Noel Grealish asked the Minister for Justice and Equality the number of new gardaí who will graduate from Templemore in the next round of graduates; if these new gardaí will be assigned to community garda duties to ensure that there is a more visible Garda Síochána presence on the ground in communities; and if she will make a statement on the matter. [27209/15]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, including community Gardaí, 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 understand that the next attestation of 99 new Probationer Gardaí is scheduled for later this month. On attestation, these new Probationer Gardaí will be assigned to Garda stations throughout the country, where they will be allocated to mainstream uniform policing duties, and the needs of all Garda Divisions will be fully considered as part of this process.
It is, of course, the case that all Gardaí have a role to play in addressing community policing issues as and when the need arises. In that sense, community policing involves far more than a single unit within the Garda Síochána, a point highlighted by the Garda Inspectorate in their third report entitled "Policing in Ireland—Looking Forward" in which they stated that community policing is a fundamental policing philosophy and that there is a strong foundation for it in Ireland.
The Garda Síochána now operates a new model of Community Policing which aims to build upon and enhance progress made so far. The model is about renewing, reinvigorating and restructuring the community policing function within An Garda Síochána to deliver a consistent national structure to the community policing function, a more co-ordinated and efficient Garda service to the community and a spread of good practice and quality of service in community policing on a national basis.
241. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [27212/15]
Amharc ar fhreagraI refer the Deputy to my previous answer to him of 25th May (Parliamentary Question number 21179/15). The situation in relation to the person concerned remains unchanged. I 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 effected on 16 June 2013. I am further advised that the person concerned recently illegally returned to the State in breach of the conditions of that order.
The person concerned has ongoing Judicial Review proceedings seeking to quash a decision refusing readmittance to the asylum process under Section 17(7) of the Refugee Act, 1996 (as amended). 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.
242. Deputy Finian McGrath asked the Minister for Justice and Equality the way she plans to tackle the increase of anti-social activities occurring during the warmer weather, in particular in areas frequented by young children (details supplied) in Dublin 3; and if she will make a statement on the matter. [27234/15]
Amharc ar fhreagraThe Deputy will appreciate that the deployment of Garda resources is a matter for the Garda Commissioner in the first instance. I have, however, brought his concerns to the attention of the Garda authorities. I can further advise him that An Garda Síochána puts in place additional patrols and other policing responses to take account of the potential for an increase in anti-social behaviour associated with alcohol consumption in public parks during the summer months. In this regard the consumption of alcohol in public spaces, including under-age alcohol consumption, is being targeted throughout the Dublin Metropolitan Region through the enforcement of public order legislation and legislation concerning the sale, supply and consumption of alcohol. As part of this process specific local policing needs are kept under ongoing review.
243. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will review an application for stamp 4 on the basis of a de facto relationship with an Irish national in the case of a person (details supplied) in County Kerry, given that the person has been in the relationship since September 2011; and if she will make a statement on the matter. [27249/15]
Amharc ar fhreagraI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was refused permission to remain in the State on the basis of their De Facto relationship with an Irish national on 09 June 2015.
In accordance with the Policy Document on Non-EEA Family Reunification dated 31 December 2013, where an application is refused, the applicant may appeal to INIS.
The appeal must be in writing and must be received by INIS within two calendar months of the date of the issue of the decision by INIS. The appeal may be submitted to INIS by the sponsor or by a legal representative of the sponsor. The appeal may be supported by documentary evidence, statements etc., additional to the documents submitted with the earlier application and it is the responsibility of the sponsor and/or the family members and/or the legal representative to identify and submit whatever documents they deem appropriate in support of that appeal. No appeal has been received by INIS to date in respect of this case.
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 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.
244. Deputy Jerry Buttimer asked the Minister for Justice and Equality if she will provide an update on the Spent Convictions Bill; when the Bill will be enacted; the types of convictions covered by the Bill; and if she will make a statement on the matter. [27265/15]
Amharc ar fhreagraBefore the Spent Convictions Bill could be enacted, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill. That review has been completed and amendments to the Vetting Act and consequential amendments to the Spent Convictions Bill have now been finalised.
I intend to proceed with amendments to the Bill as soon as possible. Pending the amendment of the Bill, an Administrative Filter for Garda Vetting Disclosures has been introduced, which provides that certain minor offences that are over 7 years old are no longer disclosed. This Administrative Filter already gives effect to the main provisions likely to be contained in the amended Act. A copy of this Administrative Filter is included.
Garda Vetting Procedures
Administrative Filter
In anticipation of the amendment and commencement of the National Vetting Bureau Act 2012, an administrative filter in respect of Garda Vetting Unit Disclosures will operate in accordance with the following procedural guidelines.
A. Criminal Convictions to be disclosed in all cases:
1) Offences Against the Person.
2) Sexual Offences
3) Convictions on indictment.
B. District Court Convictions which will not be disclosed:
1) Motoring Offences:
District Court convictions for motoring offences will not be disclosed after 7 years even where more recent offences have been committed. This is because it is considered that old minor motoring offences would not be relevant due to the passage of time.
2) Minor Public Order Offences:
The following convictions under the Criminal Justice (Public Order) Act 1994 will not be disclosed if the offence is over 7 years old even where more recent offences have been committed:
Section 4 (Intoxication),
Section 5 (Disorderly conduct),
Section 6 (Threatening, abusive or insulting behaviour),
Section 7 (Distribution or display of material which is offensive),
Section 8 (Failure to comply with direction of Garda),
Section 9 (Wilful obstruction).
3) Other minor offences – 1 Only:
District Court convictions for any other minor offence will not be disclosed after 7 years where the person has one such offence only (excluding motoring or public order offences over 7 years old). This provision does not apply to offences against the person or to sexual offences.
C. Probation Act Provisions
Where persons have been dealt with by a district court in accordance with the provisions of section 1(1) (i) or 1 (1) (ii) of the Probation Act 1907, the offences will not be disclosed except in cases where the circumstances of the offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person.
Where persons have been dealt with by a court in accordance with section 1 (2) of the Probation Act, these will be disclosed in all cases. (Section 1 (2) relates solely to persons “convicted on indictment”.)
D. Offences in respect of which a person is charged but subsequently not prosecuted or acquitted.
Non convictions will be considered for disclosure where the circumstances of an offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person. This information will only be disclosed if the information is of such a nature that its disclosure is necessary, proportionate and reasonable in the circumstances for the protection of children or vulnerable persons, or both, as the case may be.
The Garda Central Vetting Unit will make such decision in the context of:
- the information concerned;
- the relevance of the information to the type of work/activity;
- the source and reliability of the information;
- the rights of the vetting applicant and any submissions made by them.
Where the GCVU makes a determination to disclose information under this section the GCVU will:
- notify the person who is the subject of the application for the vetting disclosure concerned, in writing, of its determination and of the reasons for it;
- provide to the person a copy of the information to be disclosed,
- notify the person of the intention to disclose the information to an Authorised Signatory for the registered organisation concerned after the expiry of 14 days from the date of notification, and
- allow the applicant the opportunity to make a written submission.
There will also be an appeals process in respect of a decision to disclose the information.
The GCVU will not issue a vetting disclosure in respect of a person until this process has been completed.
245. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determining an application for naturalisation in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [27266/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) that the application for a certificate of naturalisation from the person referred to by the Deputy 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 issued to the person concerned on 03 June 2015 requesting certain information. Upon receipt of the requested information, or in the event that the person concerned does not respond, the case will be submitted to me for decision in due course.
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.
246. Deputy Tony McLoughlin asked the Minister for Justice and Equality the opportunities available for current holders of temporary residence stamp 3 one year visas to be permitted to conduct any type of paid work whilst they are in the State with specific reference to a person (details supplied); and if she will make a statement on the matter. [27268/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is registered in the State under Stamp 3 conditions as the dependent of an Irish national valid until 17th October, 2015.
As a holder of Stamp 3, this person is permitted to remain in Ireland on condition that the holder does not enter employment, does not engage in any business or profession and does not remain later than a specified date.
It is open to the person concerned to make a further application to INIS for a De Facto Relationship Immigration Permission with an Irish national on a Stamp 4 basis provided they meet the qualifying criteria to warrant its issue. Details of how to apply can be obtained from the INIS website "www.inis.gov.ie" under De Facto Relationships.
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.
247. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for permission to remain subject to section 3 of the Immigration Act 1999 in the case of a person (details supplied) in Dublin 22; and if she will make a statement on the matter. [27271/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the subsidiary protection application made by the person concerned was refused on 16th June, 2015.
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 considered before a final decision is made.
The Deputy might wish to note a representative of the INIS wrote to the person concerned on 29th June, 2015 requesting the submission of specific documentation. The position in the State of the person concerned can be further considered upon receipt of the requested documentation.
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.
