Written Answers Nos. 139-148
139. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will set out and clarify the progress to date in determining an application for naturalisation by a person (details supplied) in Dublin 24 who has lived in this jurisdiction for almost 20 years, and all of whose children are Irish citizens; and if she will make a statement on the matter. [39943/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence are satisfied.
A letter issued to the person concerned on 9 November 2015 requesting certain information. Upon receipt of the requested information the case will be further processed and will be submitted to me for decision as expeditiously as possible.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
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.
140. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status of a person (details supplied) in County Meath; and if she will make a statement on the matter. [39944/15]
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 16 June 2018 on the basis of her parentage of an Irish citizen child.
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.
141. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress that will be made in regularising the residency status of a person (details supplied) in County Clare; and if she will make a statement on the matter. [39946/15]
Amharc ar fhreagraArising from his remaining in the State without permission, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 12 October 2015, that the Minister proposed to make a Deportation Order in respect of him. He was 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 representations to the Minister setting out the reasons why a Deportation Order should not be made against him.
The legal representative of the person concerned wrote to my Department on the 27 October 2015 outlining how their client wished to exercise the option of leaving the State voluntarily. The voluntary return to Brazil of the person concerned, his wife and his child is in the process of being facilitated by my Department.
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.
142. Deputy Gabrielle McFadden asked the Minister for Justice and Equality the customer service policy in the firearms section of her Department, when persons applying for import and export licences for non-military firearms make a mistake on their applications; if the firearms section formally acknowledges receipt of applications for import and export licences for non-military firearms; and if she will make a statement on the matter. [39965/15]
Amharc ar fhreagraI can inform the Deputy that due to the large volume of applications received via email, post and fax, the Firearms Unit in my Department do not acknowledge receipt of applications for import and export licences. As I advised the Deputy on 3 November as a general rule, applications are processed within 10 working days, except where incorrect information is provided by an applicant.
In 2014, the Firearms Unit processed 1,678 licences for importation/export of Firearms, transits through the state, Garda Imports and authorisations for foreign personnel.
I am advised that when persons applying for importation and export licences make a mistake on their application, the matter is dealt with expeditiously by the staff in my Department and the applicant is contacted by telephone and advised to re-submit correct information. The staff concerned aim at all times to provide customers with a professional, efficient and courteous service and to improve the standards of the service provided.
I would suggest that the Deputy's constituent should contact the Department's Quality Customer Service Office (email address is customerservices@justice.ie )if he or she wishes to make suggestions on how we could improve the Department's customer service. However, I should add that the introduction of any additional workload such as acknowledging applications will delay the timescale for completion of such applications.
143. Deputy Gabrielle McFadden asked the Minister for Justice and Equality for an update on sites being considered for emergency accommodation for refugees entering Ireland, given the concerns regarding the unsuitability of ex-Army barracks, such as Columb Barracks in Mullingar in County Westmeath for such a purpose; and if she will make a statement on the matter. [39966/15]
Amharc ar fhreagraAs the Deputy will be aware, the Irish Refugee Protection Programme was approved by Government Decision on 10 September 2015 in response to the migration crisis which has developed in Southern Europe. Among the measures agreed under the Programme was the establishment of a Network of Emergency Reception and Orientation Centres (EROCs) which would be used to provide accommodation and meet the basic needs of asylum seekers relocated from hotspots in Italy and Greece while their applications for refugee status are processed.
Under the provisions of the EU relocation programme, persons considered for relocation who will be accommodated in EROCs upon arrival, must be from countries with a recognition rate for asylum of at least 75%. Accordingly, the expectation is that a large proportion of relocated persons will qualify for refugee status within a very short time. These new centres and the services to be delivered therein, must therefore be established in a manner that facilitates a fast throughput of people from arrival to determination of status while still ensuring they receive sufficient orientation on the societal context in which their applications are being processed and additional integration supports to help them integrate quickly into Irish society where refugee status is granted.
It is in this context that officials in my Department, responsible for implementing the Irish Refugee Protection Programme, were tasked with the sourcing of suitable accommodation and orientation services for the proposed network of EROCs. This involves an assessment of information regarding available State properties provided by the Office of Public Works which is ongoing, and a request for expressions of interest from commercial accommodation providers, which was advertised in the national media on 9th October 2015. I understand that approximately 40 expressions of interest have been received so far covering in excess of 80 locations nationwide offering a full spectrum of different accommodation types. These commercial expressions of interest are currently being evaluated alongside the information provided by OPW in respect of State properties. A key component of the evaluation process for both commercial and State properties will be a consideration of the suitability of the premises being offered, examining a range of factors.
I expect this process in respect of state owned properties of the type referred to in the question, to be completed in the coming weeks.
144. Deputy Gabrielle McFadden asked the Minister for Justice and Equality when she will sign the commencement order for the Personal Insolvency (Amendment) Act 2015; and if she will make a statement on the matter. [39967/15]
Amharc ar fhreagraThe Deputy will be aware that I signed a Commencement Order in September, bringing into immediate effect all the provisions of the Personal Insolvency (Amendment) Act 2015 which do not require changes to Rules of Court.
However, changes are needed to the Rules of the Circuit Court and High Court before the Act’s remaining provisions can come into effect. I am aware that this work is well advanced, and I expect to shortly sign the Commencement Order for those provisions.
145. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the status of the proposed single application procedure. [39987/15]
Amharc ar fhreagraI am pleased to say that the Government this week approved the text of the International Protection Bill and agreed that it be presented before Seanad Éireann. As a result, publication of the Bill will take place soon under the usual procedures. This represents a further significant step in meeting the commitment given in the Statement of Government Priorities 2014-2016 to legislate to reduce the length of time an asylum applicant spends in the direct provision system through the establishment of a single applications procedure. In line with the intention of the Government that the Bill be completed for enactment by the end of this year, arrangements have been made to begin Seanad Second Stage of the Bill on 1 December so as to complete its passage through both Houses before the Christmas Recess. I very much appreciate the work that will be involved in bringing this Bill, which enjoys broad political support, to completion and I therefore look forward to working with the Members of both Houses so that this can be achieved.
146. Deputy Robert Troy asked the Minister for Children and Youth Affairs the person who sanctioned the withdrawal of funding from Arc Adoption services; the basis on which this decision was made; the contingency plan that has been put in place to deal with the consequences of the withdrawal of this funding on families; and if he will make a statement on the matter. [39795/15]
Amharc ar fhreagraThe Department provided interim funding of €10,000 per month to Arc Adoption from January 2014 to May 2015 to assist with operational costs and to allow an opportunity to work towards a sustainable model of service provision. It was never the intention of the Department to fund the operational costs fully, and this was always made clear to Arc Adoption. This funding was suspended earlier this year, while consideration of a review of the arrangements for the provision of intercountry adoption services was under way.
The Adoption Authority of Ireland advised the Department in mid-September that Arc Adoption would not be seeking re-accreditation next year. The Department’s immediate concern was to ensure that there is a contingency plan in place, to ensure that any adoptions which are progressing are not adversely affected. With this in mind, the Minister approved operational funding for Arc Adoption up to a maximum of €40,000 on 14 October 2015, for a limited period, towards staffing and overhead costs to facilitate the transfer of case files to the Adoption Authority.
The Adoption Authority of Ireland is working with Arc Adoption regarding the transfer of client files to the Authority. The Adoption Authority and Arc Adoption meet on a weekly basis to review progress from the previous week and to plan for the week ahead. The Department also receives regular updates from both. The Adoption Authority of Ireland has advised the Department that one third of Arc Adoption’s client files have been transferred to the Authority to date, including 11 live case files which were transferred as a priority. The remaining client files are transferring on an agreed scheduled basis, with an expected completion date of November 20th.
Both the Adoption Authority and Arc Adoption have been in contact with clients to advise them of the current position. If clients have additional queries, a number of contact points within the Authority have been provided to them.
147. Deputy Fergus O'Dowd asked the Minister for Children and Youth Affairs the progress to date in having social workers available to meet with families out of hours; and if he will make a statement on the matter. [39804/15]
Amharc ar fhreagraTusla, the Child and Family Agency, provides a range of services aimed at addressing emergency situations in the area of child welfare and protection. In the main, these emergency situations arise out of hours.
At present, out-of-hours emergency services for children at risk in the greater Dublin area are provided by Tusla through the Crisis Intervention Service (CIS). The remit of the service is to respond to crisis situations in which a child or young person requires immediate placement either due to child protection concerns or accommodation issues. The service is delivered by Tusla's social work service.
Outside the greater Dublin area, a more limited Emergency Place of Safety Service (EPSS) is provided for the Agency under a commercial arrangement by Five Rivers Ireland. Under Section 12 of the Child Care Act, 1991, a member of An Garda Síochána may remove a child to a place of safety where they have reasonable grounds for believing that there is an immediate risk to the health or welfare of a child. Under the EPSS, An Garda Síochána can access an emergency placement for such children found to be at risk out of hours. The child is placed in a family setting until the following working day, when the local social work service assumes responsibility for the case. The intention is to expand this service so that An Garda Síochána can consult with a social worker out of hours. This is presently not the case outside the greater Dublin area.
I am pleased to inform the Deputy that Tusla has confirmed that it is commencing the Emergency Out of Hours Service (EOHS) later this month. The EOHS will incorporate the existing Emergency Place of Safety Service. The key objective of the service is to co-operate with and support An Garda Síochána in the execution of their duties and responsibilities under Section 12(3) of the Child Care Act, 1991 and referrals made under Section 8.5 of the Refugee Act, 1996.
The EOHS will provide the following services:
- A national EOHS Call Centre providing Social Work consultation and advice to the Garda Síochána;
- Placements for children under Section 12(3) of the Child Care Act, 1991 provided on contract by an external contractor;
- Placements for children referred under Section 8.5 of the Refugee Act, 1996;
- Access by An Garda Síochána to a local On-call Social Worker.
Tusla and An Garda Síochána are the key agencies empowered by law to protect and promote the welfare of children and they have separate yet complementary roles. Mutual understanding and co-operation is essential in ensuring that these roles are carried out effectively and in a child centered manner.
The protection of children in emergency situations outside normal working hours requires close joint working between the agencies. It is important that children in these circumstances can be brought to an appropriate placement which in most cases will be a family setting. The aim of the EOHS will be to ensure that the disruption and suffering to which children may be exposed in these situations is minimised and the rights of parents and guardians are respected. The introduction of the EOHS will assist in maximising inter-agency co-operation and promoting the safety and welfare of children.
148. Deputy Patrick O'Donovan asked the Minister for Children and Youth Affairs the status of the case of a person (details supplied) in County Limerick regarding a reduced rate of capitation; and if he will make a statement on the matter. [39912/15]
Amharc ar fhreagraThe Early Childhood Care and Education (ECCE) programme provides free preschool care and education to children before commencing primary school. The programme is designed to be delivered for three hours per day, five days per week, over 38 weeks (183 days per year), and capitation fees are paid to participating services on the basis of this provision. A standard capitation fee of €62.50 per week per eligible child is paid to participating child care services with a higher capitation fee of €73 per week paid to services with more highly qualified staff.
In participating services, preschool leaders are currently required to have a minimum of a Major Award at Level 5 on the National Framework of Qualifications (NFQ) (or equivalent) to qualify for the standard capitation rate and a Major Award at Level 7 on the NQF (or equivalent) and 3 years experience working in the sector to qualify for the higher capitation rate. It is stressed that the higher qualified staff attracting the higher capitation rate must work directly with the children at all times during the ECCE sessions.
My Department published a list of Early Years Recognised Qualifications earlier this year following a review of the qualification certification submitted in relation to staff working in early years services that are on contract to deliver the ECCE programme. The service in question was in receipt of the higher capitation rate in the school year 2014/2015 based on a specific qualification and this service continues to receive the higher capitation rate in the current school year. However, the qualification that this service provider submitted is not on the published list of awards that merit the higher capitation.
The application of the service provider referred to by Deputy is being given further consideration and a letter confirming the outcome will issue to the provider in due course.
