Wednesday, 4 Nov 2015

Written Answers Nos. 115-124

Road Traffic Offences

Ceisteanna (115)

Thomas P. Broughan

Ceist:

115. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of cases the Garda brought to Swords District Court for having no insurance in 2014, and in 2015 to date. [38439/15]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service. The Act provides that the Service is independent in the performance of its functions, including the provision of information on the courts system.

However, in order to be of assistance, I have had enquiries made with the Courts Service and the information sought is set out in the table below.

Offence	2014	Jan - Sept 2015
No Insurance Owner	8	4
No Insurance User	242	181

Note 1: Report includes summonses and charge sheets

Note 2: Report includes offences listed but may not yet be finalised

Naturalisation Applications

Ceisteanna (116)

Michael Healy-Rae

Ceist:

116. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the status of an application by a person (details supplied) to remain in the State, based on that person being the parent of a child who is an Irish citizen; and if she will make a statement on the matter. [38442/15]

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 has applied for a right of residency in the State, accompanied by a right to work, based on his parentage of an Irish citizen child on 13 April, 2014. The Deputy will appreciate that applications are dealt with in chronological order. I am advised that the application is under consideration at present and INIS expect to issue a decision in this case by the end of the year.

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.

Road Traffic Offences

Ceisteanna (117)

Thomas P. Broughan

Ceist:

117. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions (details supplied), the number of persons convicted in court of road traffic offences in 2013; in 2014; and in 2015 to date, by the District Court, in tabular form; of those convicted, the number who produced their licence in court; the number of driving licence numbers which were then forwarded by the Courts Service, by District Court, to the National Driver Licence Service and to the National Vehicle and Driver File for the application of penalty points, where her reply of 14 July 2015 provided the numbers disqualified, but not the remaining parts of the question; and if she will make a statement on the matter. [38446/15]

Freagraí scríofa

Minister for Justice and Equality

The Deputy will be aware that under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have made enquiries and the information is currently being compiled and verified. I shall arrange for the information requested to be forwarded to him shortly.

Courts Service

Ceisteanna (118, 131)

Mattie McGrath

Ceist:

118. Deputy Mattie McGrath asked the Minister for Justice and Equality her plans for the establishment of a second Special Criminal Court; when such a court will come into force; its composition; the funding to be provided; and the duration of same; and if she will make a statement on the matter. [38461/15]

Finian McGrath

Ceist:

131. Deputy Finian McGrath asked the Minister for Justice and Equality if the setting up of a second Special Criminal Court will assist those awaiting trial, and deal with delays; and if she will make a statement on the matter. [38607/15]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 118 and 131 together.

The Deputy will be aware that last week the Government appointed seven serving judges to the bench of the second Special Criminal Court that was established by Government Order on 14 December 2004. There is a backlog of cases in the existing Special Criminal Court with delays of approximately twenty months in cases coming to trial. Bearing this in mind together with the particular types of offences with which the Special Criminal Court is concerned, I sought the necessary Government approval to appoint judges to the second Special Criminal Court, thereby bringing it into existence.

The second Special Criminal Court comprises 3 High Court judges, 2 Circuit Court judges and 2 District Court judges. There are certain practical and procedural works which need to be undertaken before the second Court starts hearing cases such as organisation of a courtroom and chamber accommodation for judges and the drafting of rules of court among other things and I have requested that this work be commenced without delay. The appointment of additional court staff including a Court Registrar will be also required to facilitate the operation of the Court. Additional costs that will arise from the setting up of the second Special Criminal Court will be met from within the Courts Service Vote.

The Courts Service has informed me that the next available date for the hearing of cases before the existing Special Criminal Court is June 2017. I anticipate that when the second Special Criminal Court commences hearing cases there will be a reduction in waiting times for cases awaiting trial.

Refugee Status Applications

Ceisteanna (119)

Bernard Durkan

Ceist:

119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determining submissions 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 Waterford; and if she will make a statement on the matter. [38472/15]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.

These representations, together with all other information and documentation on file, will be fully considered, under 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, 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.

Garda Deployment

Ceisteanna (120)

Sean Conlan

Ceist:

120. Deputy Seán Conlan asked the Minister for Justice and Equality the number of gardaí who have been transferred from counties Monaghan and Cavan to County Louth in the last 30-day period; the percentage of these transferred that were members of the emergency response unit; and if she will make a statement on the matter. [38476/15]

Freagraí scríofa

Minister for Justice and Equality

I have requested the information sought by the Deputy from the Garda Commissioner and I will write to you on receipt of a reply.

Crime Data

Ceisteanna (121)

Sean Conlan

Ceist:

121. Deputy Seán Conlan asked the Minister for Justice and Equality the crime figures for counties Cavan, Monaghan, and Louth for the period from October 2014 to October 2015 by category; and if she will make a statement on the matter. [38477/15]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will be aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of recorded crime statistics.

In relation to the matters referred to, I have requested the CSO to provide the available statistics directly to the Deputy.

Garda Operations

Ceisteanna (122)

Mary Lou McDonald

Ceist:

122. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the number of gardaí, undercover gardaí and Army personnel deployed during the visit by the Minister for Social Protection to the Clondalkin social welfare office and the Intreo office on 29 October 2015; the number of man hours deployed for this visit; and the cost of the deployment. [38479/15]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will be aware, the provision and allocation of Garda resources is a matter for the Garda Commissioner in the context of her identified operational requirements.

In that context I am informed by the Garda authorities that, for operational reasons, it is not appropriate to publish the number of Gardaí assigned to such duties as mentioned by the Deputy.

Furthermore, as Minister for Justice and Equality I have no responsibility for the Defence Forces.

Visa Agreements

Ceisteanna (123)

Michael McGrath

Ceist:

123. Deputy Michael McGrath asked the Minister for Justice and Equality if she will confirm the rights of citizens of Bulgaria and Romania, which countries joined the EU in 2007, to travel to work and to claim welfare benefits here; and if she will make a statement on the matter. [38497/15]

Freagraí scríofa

Minister for Justice and Equality

All labour market restrictions on Bulgarian and Romanian nationals were removed in 2012. As such, they now enjoy the same rights and entitlements of any European Union citizen in terms of access to work, self employment or public services, including welfare benefits, in line with European rules on free movement and the coordination of social security systems.

Employment Rights

Ceisteanna (124)

Michael McGrath

Ceist:

124. Deputy Michael McGrath asked the Minister for Justice and Equality the level of background security checks that are carried out in respect of persons travelling to Ireland from outside the EU for leisure or work purposes; and if she will make a statement on the matter. [38499/15]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation & Immigration Service (INIS) of my Department that an immigration officer may under Section 4 of the Immigration Act, 2004 refuse to give permission to enter the State under certain circumstances. It is important to note that a Visa is a pre-clearance to present at the port of entry only and carries no automatic right of entry into the State. The actual permission to enter the State is given by the Immigration Officer at the port of entry, who has discretion whether to grant entry. This includes where an immigration officer has reason to believe that the non-national's entry into, or presence, in the State could pose a threat to national security, or can be contrary to public policy, and where there is reason to believe that a non-national intends to enter for purposes other than that expressed by him/her.

Additional checks are carried out as required with An Garda Síochána and other countries' immigration and police authorities as part of the visa application process for visa required nationals. Checks are also carried out with the United Kingdom authorities in the context of maintaining the integrity of the Common Travel Area. Finally, visa required nationals must declare in their visa application if they have any criminal convictions in any country.