Written Answers Nos. 129-138
129. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed by a person (details supplied) in County Cork in applying for citizenship, which person has lived and worked here for ten years; and if she will make a statement on the matter. [39838/15]
Amharc ar fhreagraI am informed by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy. The person currently has permission to reside in the State until 4 March 2016.
Section 15 of the Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in her absolute discretion, grant a certificate of naturalisation provided certain statutory conditions are fulfilled. One such condition is that the applicant is required to have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a further total residence in the State amounting to four years. Periods for which an individual did not have the permission of the Minister for Justice and Equality to reside in the State, or periods of residence which were for the sole purpose of having an application for refugee status determined, or periods of residence where permission was granted for the purposes of study are not reckonable for the purposes of satisfying the residency conditions for naturalisation. It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if they meet the residency requirements.
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.
130. Deputy Clare Daly asked the Minister for Justice and Equality the steps that have been taken in relation to the standard operating procedures, and governors' or chiefs' orders, operating in the Irish Prison Service, following on from the reports into prison deaths commissioned by the Inspector of Prisons in June 2014; and the deficits outlined in the same. [39840/15]
Amharc ar fhreagraThe Office of the Inspector of Prisons is a statutory independent office established under the Prisons Act, 2007.
Since 1 January, 2012, the death of any prisoner in custody or on temporary release is the subject of an independent investigation by the Inspector of Prisons. All death in custody reports are published on my Department’s website. Furthermore, in September 2014 I published the Inspector’s Omnibus Report of investigations onto the deaths of prisoners - 1st January 2012 to 11th June 2014.
I take the findings of these reports extremely seriously, as does the Director General of the Irish Prison Service. I am on record as stating that the death of any person in State custody must be thoroughly examined and I expect that the Irish Prison Service and indeed all the statutory agencies involved, will work hard to address the findings and recommendations in the Inspector’s reports.
The Inspector’s investigations and reports are part of a three pronged process - the other aspects being the investigations by An Garda Síochána and the investigations and Inquests conducted by the Coroners. I am satisfied that this process ensures that Ireland is in compliance with its national and international obligations and meets the strict criteria laid down by the European Court of Human Rights when interpreting the procedural requirements of Article 2 of the European Convention on Human Rights.
The Irish Prison Service is making arrangements for a full evaluation of all healthcare protocols and procedures in order to ensure full compliance. Means of developing and communicating all Standard Operating Procedures to ensure a greater level of awareness and standardisation throughout the prison estate are also being examined.
In addition, the circumstances of each death in custody are subject to an internal review process by the suicide prevention group for the prison institution concerned. This group is chaired by the respective prison Governors, and includes representatives from all the services across the prison estate, including medical, psychology, chaplaincy, probation, education, and prison staff. The internal review fully covers the background and circumstances of each death in custody, and its objective is to identify any possible measures which may be implemented which can contribute to a reduced risk of deaths in custody in future.
The Internal Review Reports are considered by the National Suicide and Harm Prevention Steering Group, which is chaired by the Director General of the Irish Prison Service. The Steering Group then ensures that the relevant findings of those reports are disseminated throughout the prison system.
131. Deputy Shane Ross asked the Minister for Justice and Equality the process undertaken by the National Disability Authority for the provision of the employer helpline service, as recommended by the comprehensive employment strategy for people with disabilities; when this helpline service will be operational; the organisation that will be responsible for its provision; and if she will make a statement on the matter. [39901/15]
Amharc ar fhreagraI understand that the National Disability Authority (NDA) engaged with the employer umbrella groups, Chambers Ireland, IBEC and ISME and invited them to prepare a joint proposal in relation to the provision of an Employer Helpline, as recommended in the Comprehensive Employment Strategy for People with Disabilities which I published in October this year.
The specification for the project was developed by the NDA. The project will cover an employment support service incorporating an employer helpline, provision of advice and information around employment of people with disabilities, organising events, networking on disability, and using their mainstream channels to promote this work.
I understand that the employer organisations have agreed to work together and jointly oversee this service, which one of the employer bodies has agreed to host and oversee day to day delivery of the agreed service. There will be a memorandum of understanding signed by the consortium members and the contract will be signed with the agreed host body. I am sure the Deputy can appreciate that it is not possible for me to name the organisation at the moment until the contract has been signed but I will be happy to do so when the NDA have confirmed that a contract has been put in place.
The proposal received on behalf of the employer bodies is being reviewed by the NDA, with input from Enterprise Ireland, and subject to agreeing any amendments required, will form the basis for a contract to be signed very shortly. It is hoped to undertake preparatory work on setting up the service before the end of the year, and that the service would go live at the start of the new year.
132. Deputy Ruth Coppinger asked the Minister for Justice and Equality her views on the establishment of a Traveller agency to drive and monitor the implementation of policies in relation to the Traveller community; and if she will make a statement on the matter. [39902/15]
Amharc ar fhreagraThe Deputy will be aware that there is a consultation process underway led by my Department to develop a new National Traveller and Roma Inclusion Strategy. Phase 1 (identification of key themes for the new Strategy) has been completed, and Phase 2 (identification and agreement of high-level objectives under each agreed theme) will commence shortly. The final Phase, Phase 3 (identification of detailed actions to achieve each agreed objective, with associated timescales, Key Performance Indicators, institutional responsibilities and monitoring arrangements), will commence in early 2016 and conclude also in early 2016 with the presentation of a new Strategy for Government approval.
This process will give us a new Traveller Inclusion Strategy and a set of very real actions that need to be taken to bring about a real improvement in quality of life for Travellers. The question of whether revised institutional arrangements for delivery of services to Travellers are necessary to bring about greater coherence in and improve the effectiveness of statutory services for the Traveller community has been raised during the ongoing consultation process and, as indicated on behalf of the Government during the recent debate in the House on the question of recognition of Travellers as an ethnic group, will be considered in the drafting of the new Inclusion Strategy.
133. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if she will address a matter (details supplied) regarding a pay increase in September 2017 for members of An Garda Síochána (details supplied); and if she will make a statement on the matter. [39925/15]
Amharc ar fhreagraAs the Deputy will be aware my colleague, the Minister for Public Expenditure and Reform, has brought forward the Financial Emergency Measures in the Public Interest Bill 2015. That Bill starts the process of the phased restoration of remuneration to public servants in accordance with the terms of the Lansdowne Road Agreement. Under that Agreement, the annualised amount of the basic salary of a public servant, including a member of An Garda Síochána, that is not greater than €65,000 shall, on and from 1 September 2017, be increased by €1,000.
The salary of a Garda is in general pensionable subject to the normal Garda superannuation terms and conditions, however, it is advisable that individuals seek their own advice in this regard.
134. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which favourable consideration on humanitarian grounds will be provided in the case of a person (details supplied) in Dublin 11 in respect of whom the strong suggestions of trafficking have been established, notwithstanding the fact that this was not upheld by the Office of the Refugee Applications Commissioner, and given that the person arrived here in the company of a person unknown some 15 years ago and was subsequently moved from one location to another in less than transparent circumstances; if this case will be urgently re-examined, given the person's impending deportation, with a view to setting aside the order; and if she will make a statement on the matter. [39935/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order signed on 11 May 2005 and therefore has no entitlement to residency in the State.
Representations were received from the person concerned, to request the Minister to use her discretion, 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.
135. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent of any progress in the context of regularisation of residency in the case of a person (details supplied) in County Carlow who has lived and worked in this jurisdiction for more than five years, during the course of which this person paid the relevant taxes; and if she will make a statement on the matter. [39937/15]
Amharc ar fhreagraI 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.
136. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when updated stamp 4 will issue to a person (details supplied) in County Carlow who previously had stamp 4 status for up to 15 years, during which time he was in full-time legitimate employment; and if she will make a statement on the matter. [39938/15]
Amharc ar fhreagraI am informed by the Irish Naturalisation & Immigration Service (INIS) of my Department that the person in question was granted Long-Term Residency permission on 9 September 2010. This permission expired on 9 September 2015. I am further advised that by letter dated 10 July 2014, INIS wrote to the person concerned seeking clarification of a number of issues which may impact on any future renewal of this permission. I am informed that to date no response has been received to this request.
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.
137. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if her Department has received the information sought by way of correspondence dated 5 November 2015 which would appear to indicate that the information referred to, which was already submitted some months previously, has not been received in the case of a person (detail supplied) in Dublin 24; if the matter will be reviewed with some urgency, given the person's responsibility to the person's child; and if she will make a statement on the matter. [39939/15]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy has two separate applications under consideration with INIS. I understand the person concerned was initially granted permission to remain in the State for a period of five years from 26 July 2010, on the basis that they were the spouse of an EU citizen who was residing and in exercise of his EU Treaty Rights in the State in accordance with the provisions of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 as amended.
On 25 July, 2015, the person made an application for retention of this permission to reside in the State, on an individual and personal basis, arising from a change in their personal circumstances. This application is currently under consideration by INIS and it expects to be in a position to contact her with a decision by end of the year.
I am also advised that the person concerned made a separate application, on 18 August, 2015, for a right of residency, accompanied by a right to work, based on her parentage of an Irish child. I understand that INIS wrote to the person concerned on 5 November, 2015 seeking additional information in respect of this application. I understand that some of the information sought by INIS was provided but that further information was requested on 10 November, 2015. INIS will consider the application further on receipt of the information concerned.
138. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which her Department has received the required correspondence from a person (details supplied) in County Carlow; and if she will make a statement on the matter. [39942/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State, on a Stamp 4 basis, until 9 November, 2018 on the basis of parentage of an Irish citizen child. This decision was conveyed in writing to the person by letter dated 9 November, 2015.
The Deputy will be aware that 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.
