Written Answers Nos. 350-377
350. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if parental leave in the private sector may be taken until a child reaches 13 years of age (details supplied); and if she will make a statement on the matter. [5513/16]
Amharc ar fhreagraThe basis for the current statutory upper age limit of 8 years of age (16 in the case of a child with a disability) is contained in Council Directive 2010/18/EU giving effect to the revised Parental Leave Framework Agreement negotiated by the European social partners in 2009. The essential point is that the upper age limit was negotiated and agreed by employers and Trade Union representatives at EU level and their agreement was then given force of law by the Directive. There are no plans at present to extend this limit. However, neither are there any obstacles to employers and employees in particular sectors or employments negotiating more favourable arrangements on a voluntary basis. I have no role in relation to such agreements either in the public or private sector.
I should also refer the Deputy to the announcement in the Budget of a new entitlement to two weeks paternity leave from work for fathers together with a related social welfare payment to take effect from September 2016.
351. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of parking tickets issued at Belmont Park in Raheny in Dublin 5 in 2015 and in 2016 to date; and if she will make a statement on the matter. [5515/16]
Amharc ar fhreagraThe Deputy will appreciate that I have no direct role in the enforcement of road traffic legislation which is an operational matter for the Garda Síochána. I am advised that detailed information in relation to Fixed Charge Notices (FCNs) issued for parking on double yellow lines is available at Divisional level only. For the Deputy's information, the number of such FCNs issued by An Garda Síochána in 2015 and in 2016 to date for the Dublin Metropolitan Region Northern Division, which comprehends the location referred to by the Deputy, is as follows:
2015 - 1289 FCNs;2016 - 308 FCNs (year to date).
352. Deputy Gerry Adams asked the Minister for Justice and Equality if the additional two sergeants and 25 gardaí appointed to County Louth's Dundalk division of An Garda Síochána in October 2015 are still in situ, if they are to remain in the Dundalk division on a permanent basis; and if she will make a statement on the matter. [5566/16]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Districts, and I as Minister have no direct role in the matter. Garda management keep this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I have been informed by the Garda Commissioner that there are currently two Sergeants and twenty five Gardaí on temporary transfer to Dundalk Garda Station.
353. Deputy Clare Daly asked the Minister for Justice and Equality if there is any protocol in place, or if she plans to issue any protocol, to ensure that in cases in which a person who is incarcerated submits a complaint alleging serious malpractice on the part of a solicitor to the Law Society and further alleging that the actions of that solicitor had a bearing on the person being convicted of a crime and sentenced to prison, those cases are given priority or expedited; and her plans to instruct the Law Society to process and decide on such cases within a specified timeframe, given that in such cases a person's liberty is at stake and continued incarceration due to delays in processing of such cases may be a breach of human rights. [5570/16]
Amharc ar fhreagraPending commencement this year of the relevant provisions of the Legal Services Regulation Act 2015, under the current regulatory regime the Law Society of Ireland, the Solicitors Disciplinary Tribunal and the Office of the Independent Adjudicator are the independent statutory bodies charged with investigating or resolving complaints against solicitors under the Solicitors Acts 1954-2011 and their attendant regulations. Under these statutory complaints structures the Law Society is, therefore, the main route of redress for aggrieved clients of solicitors, outside of the courts. The Society’s Complaints and Client Relations Committee, which includes lay members, determines complaints in relation to misconduct, inadequate services or excessive fees made directly to it by members of the public. Under current law, therefore, it is not my function as Minister to determine or to otherwise intervene in disputes or difficulties between solicitors and their clients. Rather, these are matters to be dealt with by the designated statutory bodies or, as may be the case, through the courts.
The Solicitors Disciplinary Tribunal deals with complaints of serious misconduct and such complaints are either referred to it by the Law Society or made directly to the Solicitors Disciplinary Tribunal by members of the public. The Tribunal members are appointed by the President of the High Court and act independently of the Law Society. In more serious cases, where the Tribunal considers that a solicitor should be suspended or struck off it will make such a recommendation to the President of the High Court. Further details are available on the Tribunal’s website www.distrib.ie. An aggrieved client can, therefore, bring a case directly to the Solicitors Disciplinary Tribunal which in turn is amenable to the High Court.
Members of the public who are dissatisfied with the way the Law Society has dealt with a complaint may also refer it to the Office of the Independent Adjudicator (www.independentadjudicator.ie). The Office of the Independent Adjudicator was established to provide an independent point of contact to which members of the public could have recourse if dissatisfied with the manner in which the Law Society had dealt with a complaint. While it is important to note that the Adjudicator’s role is to investigate the handling of the complaint by the Law Society and not to investigate the substance of the original complaint, the issue of delay in follow-up to a complaint is something that may be taken into appropriate consideration.
In addition to the remedies available under the statutory complaints handling framework that I have just outlined, aggrieved clients of solicitors may also choose to seek redress through the courts. This typically arises in cases of alleged negligence on the part of a solicitor which have had serious negative consequences for the client concerned. As with any court proceedings, it is considered prudent that persons considering taking such legal action seek independent legal advice on the strength or otherwise of their case and its possible cost implications. It will then be a matter for the aggrieved client concerned to decide which course of action might be best suited to the circumstances of their particular complaint. It is also understood that the Law Society maintains a list of solicitors who are prepared to act in such negligence proceedings against another solicitor and this list can be obtained upon request.
The Deputy will also wish to be aware that, under the Legal Services Regulation Act 2015, preparations are already underway for the establishment of the new and independent Legal Services Regulatory Authority which will have responsibility for the oversight of both solicitors and barristers. There will be a new framework to deal with complaints about professional misconduct independent of both the Law Society and the Bar Council. This, in turn, will be backed up by the establishment of a new Legal Practitioners’ Disciplinary Tribunal which will also deal with both legal professions. Members of the public who wish to make complaints will, therefore, no longer do so through the Law Society or the Bar Council as they do at present, but through the new and independent Legal Services Regulatory Authority. This and other reforms being made under the 2015 Act will continue to be rolled out on a phased basis between now and the end of this year. However, I would point out that any complaints against solicitors made to the Law Society prior to the forthcoming commencement of the new complaints provisions of the 2015 Act will be brought to their completion under the current law and complaints procedures.
354. Deputy Billy Kelleher asked the Minister for Justice and Equality the enforcement strategy of An Garda Síochána in relation to the new legislation banning smoking in cars with children; the financial resources and manpower that have been designated to ensure adherence to the law; the number of fines which have been imposed to date; and if she will make a statement on the matter. [5580/16]
Amharc ar fhreagraThe Deputy will appreciate that the legislation in question is a matter for my colleague the Minister for Health. I have sought a report from the Garda authorities on the specific matters referred to and I will contact the Deputy directly as soon as it is to hand.
355. Deputy Kevin O'Keeffe asked the Minister for Justice and Equality the status of an application for a visa by a person (details supplied). [5602/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application in respect of the person referred to by the Deputy was refused on 6th of October 2015. This decision was appealed by the applicant and the original decision was upheld. A letter advising of this decision was issued on the 29th of January 2016.
It is of course open to the applicant to submit a fresh application at any time. He should, however, be in a position to address the previous refusal reasons prior to making a new application.
The Deputy may wish to note that 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.
In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).
356. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status of a person (details supplied) in Dublin 22; and if she will make a statement on the matter. [5653/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 15 December, 2009.
Representations were received from the person concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. I am also advised that the person concerned applied for a right of residency in the State, accompanied by the right to work, based on his parentage of an Irish citizen child in October, 2015: both of these matters are under consideration at present.
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.
357. Deputy Clare Daly asked the Minister for Justice and Equality when she will ratify the United Nations Convention against Torture protocol. [5667/16]
Amharc ar fhreagra358. Deputy Clare Daly asked the Minister for Justice and Equality the preparations she has made in relation to setting up an inspection mechanism for all places of detention, as required under the United Nations Convention against Torture. [5668/16]
Amharc ar fhreagraI propose to take Questions Nos. 357 and 358 together.
The Deputy is referring the OPCAT or Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment and Punishment.
Ireland is a signatory to the protocol and will ratify it, once the necessary legislation is in place to provide for National Preventative Mechanisms (NPMs) to inspect places of detention for the purposes of the protocol.
As part of the process of identifying the appropriate NPMs, consultation with civil society, including a wide range of statutory bodies and agencies, non governmental organisations and academics with an interest in the topic is underway. An Open Policy Debate hosted by the Department of Justice and Equality in November 2015 provided an opportunity for the various parties to come together and discuss options for NPMs. Building on this, proposals are being further developed to facilitate the ratification of the OPCAT.
359. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status of a person (details supplied) in County Meath; and if she will make a statement on the matter. [5687/16]
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 4 May 2010 and therefore has no entitlement to residency in the State.
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.
360. Deputy Michael McGrath asked the Minister for Justice and Equality the status of the holiday visa arrangements that apply to a Russian citizen who wishes to travel here regularly to visit a child, who is now an Irish citizen; and if she will make a statement on the matter. [5783/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is a standard application process worldwide for applications of this nature, the guidelines for which are available on both the Irish Naturalisation and Immigration Service website (http://www.inis.gov.ie/en/INIS/Pages/Visit%20family%20friends) and the website of the Irish Embassy in Moscow (https://www.dfa.ie/irish-embassy/russia/visas/visas-for-ireland/).
If there is a specific case for which the Deputy would like to request information it is open to the Deputy to submit the query 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.
361. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Dlí agus Cirt agus Comhionannais cad é an líon iomlán foirne atá fostaithe ina Roinn faoi láthair; cé mhéad duine acu siúd atá ag feidhmiú i bpoist atá daingnithe (i scéim teanga, nó ar aon bhealach eile) mar phoist a bhfuil riachtanas Gaeilge ag baint leo; an bhfuil sé i gceist aon phoist eile de chuid na Roinne a aithint mar phoist a bhfuil riachtanas Gaeilge ag baint leo; agus an ndéanfaidh sí ráiteas ina thaobh. [5827/16]
Amharc ar fhreagra362. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Dlí agus Cirt agus Comhionannais an bhfuil sé mar dhualgas oifigiúil ar bhaill foirne aonair ar leith de chuid a Roinne seirbhís a sholáthar trí Ghaeilge d’aon duine a lorgaíonn í nó an ar bhonn deonach amháin a thoilíonn baill foirne a Roinne seirbhís trí Ghaeilge a sholáthar; agus an ndéanfaidh sí ráiteas ina thaobh. [5843/16]
Amharc ar fhreagraTógfaidh mé Ceisteanna Uimhireacha 361 agus 362 le chéile.
Tá thart ar 1900 ball foirne ar fostú i mo Roinnse. Tá post amháin ag an Roinn faoi láthair, post Aistritheora, a bhfuil sé riachtanach go mbeadh an sealbhóir dátheangach go feidhmiúil sa Ghaeilge agus sa Bhéarla. Is é príomhról an Aistritheora Rialacha Cúirte a aistriú go Gaeilge.
Níl aon ghá, ag an tráth seo, go n-aithneodh mo Roinn aon phoist bhreise a mbeadh sé riachtanach go mbeadh inniúlacht sa Ghaeilge ag iarrthóirí orthu.
Ina theannta sin, tá cohórt de níos mó ná 40 oifigeach sa Roinn atá ar fáil chun seirbhísí a sholáthar (i.e. ceisteanna agus fiosruithe a fhreagairt) i nGaeilge.
363. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application for the retention of a residence card by a person (details supplied) in County Donegal; and if she will make a statement on the matter. [5920/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application by the person concerned for retention of a right of residence in this state, which falls to be considered under the European Communities (Free Movement of Persons) Regulations 2015, was received on 22 October, 2015. I am informed that INIS requested further information concerning the person's marital status on 25 January and 17 February 2016. I understand that the person's response to the complex matters raised was received by INIS on 29 March, 2016 and is currently under consideration.
The Deputy will be aware that 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.
364. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application for long-term residency and Stamp 4 by a person (details supplied) in County Leitrim; and if she will make a statement on the matter. [5922/16]
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.
365. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application for a Stamp 4 visa by a person (details supplied) in County Cork; and if she will make a statement on the matter. [5926/16]
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), the person concerned has not submitted written representations.
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. If any representations are submitted before a final decision is made, they will be fully considered.
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.
366. Deputy Martin Heydon asked the Minister for Justice and Equality the measures she and the Insolvency Service of Ireland have implemented to ensure the adherence of financial institutions to the new measures contained in the Insolvency (Amendment) Bill 2015 for the protection of mortgage holders who are trying to agree revised payment structures with their lenders; and if she will make a statement on the matter. [5928/16]
Amharc ar fhreagraI assume that the Deputy's question relates to section 21 of the Personal Insolvency (Amendment) Act 2015, which inserts a new section 115A into the Personal Insolvency Act 2012. This provision introduces a new ‘court review’, where creditors such as a mortgage lender refuse an insolvent borrower’s proposal for a Personal Insolvency Arrangement to resolve debts which include the mortgage on their home. Previously, the creditors’ rejection was final. Under the new provision, the borrower can seek review by the relevant Court of the creditors’ refusal. The Court will consider the borrower’s proposal using the criteria set out in the 2015 amending legislation (Section 115A) and the Court may, if those criteria are satisfied, impose the personal insolvency arrangement proposed by the borrower.
The review provision came into effect on 20 November 2015, under S.I. no 514/2015 which I signed on 18 November. To coincide with the introduction of the new provisions, the Insolvency Service of Ireland held a number of training sessions around the country with Personal Insolvency Practitioners.
All applications for review under s.115A are notified under the Insolvency Acts to the Insolvency Service, which will be publishing information on outcomes as part of its quarterly reports. As of 1 April 2016, 39 Circuit Court applications under s. 115A have been notified to the Insolvency Service. To date, nine of these have been determined by the Courts or settled between the parties. My officials will, of course, be carefully monitoring the operation in practice of this important reform.
I am pleased to inform the Deputy that the Court review is also being complemented by a new Scheme of access to independent legal and financial aid and advice for those in home mortgage arrears, which I announced on 22 January this year. Intensive work on implementing this Aid and Advice Scheme has been under way across Government Departments and other relevant bodies. This has been led by my Department and by the Department of Social Protection, with the participation of the Insolvency Service of Ireland, the Legal Aid Board, the Citizens’ Information Board and MABS, the Money and Budgeting Service. It builds on a network of Dedicated Mortgage Arrears Advisers established in MABS offices across the country, which was announced by the Tanaiste and Minister for Social Protection in December 2015.
MABS will act as a single Government gateway to the new Scheme, for people who are deep in debt and are at risk of losing their homes due to mortgage arrears. MABs advisers will help these borrowers, and advise them on their best options for returning to solvency and where possible for remaining in their homes. The MABS adviser will refer them, as needed, for financial advice to a Personal Insolvency Practitioner from a panel supervised by the Insolvency Service or an accountant from a panel overseen by the Department of Social Protection, and for legal aid and advice to a solicitor from a panel operated by the Legal Aid Board. The Scheme will also provide for support in Court for an insolvent borrower subject to repossession proceedings affecting their home, under a new ‘duty solicitor’ service, also operated by the Legal Aid Board. The aid and advice will be provided by the panel professional under a ‘voucher’ system, and without charge to the borrower. A key element of the Scheme is a component which provides for legal aid to an insolvent homeowner in relation to the new Court review under s.115A of the Personal Insolvency Acts. This will also be operated by the Legal Aid Board.
Work on implementation is almost complete, and I expect the Scheme to become operational in the coming weeks.
367. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status and eligibility of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [5929/16]
Amharc ar fhreagraThe person concerned lodged an application for asylum at the Office of the Refugee Applications Commissioner on 19th November 2014. Following investigation by that office, it was established that the person concerned had been in possession of a valid visa issued by the United Kingdom authorities at the time of their asylum application in this State.
Arising from their previous visa history in the United Kingdom, and in accordance with the provisions of the Dublin III Regulations, a determination was made that the person concerned should be transferred to the United Kingdom for the purposes of having their asylum application examined there.
This determination placed a legal obligation on the person concerned to 'present' at the Offices of the Garda National Immigration Bureau (GNIB), on 7 July 2015, to make arrangements for their formal transfer to the United Kingdom. The person concerned failed to present and is classified as evading their transfer. Should they come to the notice of the Gardaí, they would be liable to arrest and detention. They should, therefore, present to the GNIB without any further delay.
Queries in relation to the status of individual immigration cases may be made directly to the Irish Naturalisation and Immigration Service (INIS) by Email 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.
368. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status or eligibility of a person (details supplied) in Dublin 3; and if she will make a statement on the matter. [5934/16]
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 30 January 2006 and therefore has no entitlement to residency in the State.
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.
369. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application for naturalisation by a person (details supplied) in County Kildare; and if she will make a statement on the matter. [5969/16]
Amharc ar fhreagraI can inform the Deputy that the application has entered the final stage of processing. The person concerned will be invited to attend the next citizenship ceremony on 26 April 2016, at which he will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive his certificate of naturalisation.
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.
370. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to request the renewal of a Garda Síochána National Immigration Bureau card for a person (details supplied) in County Dublin; and if she will make a statement on the matter. [5979/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS ) of my Department that the person mentioned by the Deputy arrived in the State on 15/09/1999 and that their most recent permission to remain in the State, on the basis of marriage to an Irish National, expired on 23/04/2015.
As this permission was not renewed, it would therefore seem that this person has remained in the State without permission which is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-EEA national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister.
I understand that the person concerned made an application to INIS, at the end of February 2016, for permission to remain in the State, as the spouse of an Irish National, and that this application is currently being processed. All applications are dealt with in strict chronological order; the processing time is currently 6-9 months.
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 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 Question 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.
371. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the expected and current residency status and eligibility for naturalisation of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [5982/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was issued with a formal declaration of refugee status by letter dated 20th March 2002. At that time, the person concerned was advised of the rights and entitlements accompanying refugee status in the State. The person concerned continues to hold the status of refugee in the State.
I am also advised that there is no record of a current application for a certificate of naturalisation from the person concerned.
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 as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. 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 the residency requirements are met.
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.
372. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status and eligibility for naturalisation of a person (details supplied) in Dublin 12; and if she will make a statement on the matter. [5985/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned currently has permission to reside in the State until 26 November 2016. The individual has made an application for naturalisation, the processing of which is ongoing, and the case 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.
373. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status or eligibility for naturalisation of a person (details supplied) in Dublin 15, including when she will make a decision; and if she will make a statement on the matter. [5989/16]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned currently holds an immigration permission which expires on 24 July 2016. The person concerned is advised to register with the Garda National Immigration Bureau for a further renewal period, two weeks in advance of this date.
I am further informed by the INIS of my Department that there is no record of an application for a certificate of naturalisation from the person concerned.
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 as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. 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 the residency requirements are met.
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.
374. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status and eligibility for naturalisation in the wake of the withdrawal of judicial proceedings of a person (details supplied) in Dublin 22; and if she will make a statement on the matter. [5994/16]
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 2 July 2012 and therefore has no entitlement to residency in the State.
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.
375. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status, eligibility for naturalisation, and eligibility for a work permit of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [5995/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a decision letter issued to the person mentioned on 16 February 2016 setting out their position in the State. This person was also informed of their options in January 2013 and in February 2015. As this person was in the State as a student their residency permission is not reckonable for the purposes of naturalisation. Should this person wish to enter employment in the State they must obtain a Work Permit to do so. The issuing of Work Permits is a matter for the Employment Permits Division of the Department of Jobs, Enterprise and Innovation.
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.
376. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status and eligibility for naturalisation of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [5998/16]
Amharc ar fhreagraI can inform the Deputy that the person concerned has made an application for naturalisation, which has entered the final stage of processing. The person will be invited to attend the next citizenship ceremony on 26 April 2016, at which she will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive her certificate of naturalisation.
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.
