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Thursday, 14 Apr 2016

Written Answers Nos. 300-314

Residency Permits

Ceisteanna (300)

Bernard Durkan

Ceist:

300. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected status of an application by a person (details supplied) in Dublin 24 for permission to remain in the State; and if she will make a statement on the matter. [6487/16]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for a right of residency, accompanied by a right to work, based on her parentage of an Irish citizen child. The application was received in the relevant Section of INIS on 2 February, 2016. The Deputy will appreciate that applications are dealt with in chronological order. If further information or documentation is required, the person concerned will be contacted in writing by the relevant officials in my Department in due course.

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.

Naturalisation Eligibility

Ceisteanna (301)

Bernard Durkan

Ceist:

301. 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. [6488/16]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that as the person referred to by the Deputy appears to be an EU citizen, it is not necessary for him to register his presence in the State with the Garda National Immigration Bureau. There is no record of an application for a certificate of naturalisation from the person referred.

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.

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.

Naturalisation Eligibility

Ceisteanna (302)

Bernard Durkan

Ceist:

302. 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. [6490/16]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the records indicate that the person concerned currently has permission to reside in the State until 11 April 2016. The person 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.

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.

Naturalisation Applications

Ceisteanna (303)

Bernard Durkan

Ceist:

303. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will return the copy of a birth certificate to a person (details supplied) in County Kildare which was provided as part of an application for naturalisation; and if she will make a statement on the matter. [6492/16]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy provided a birth affidavit in connection with her application for a certificate of naturalisation. There was no Birth Certificate provided as it had reportedly been burnt in a house fire. Arrangements will be made to return the birth affidavit to the person concerned.

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.

Immigration Status

Ceisteanna (304)

Bernard Durkan

Ceist:

304. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when a person (details supplied) will be eligible for a Stamp 4 visa; and if she will make a statement on the matter. [6493/16]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the situation is the same as it was when I answered the Deputy's Parliamentary Question No. 107 on 21 January 2016. The person referred to by the Deputy entered the State as a student and has now completed the maximum time allowed to an international student in the State. If the person is still in the State they are present illegally. The person mentioned by the Deputy should be advised to make an application to the Residence Division of INIS as INIS does not have a current application from this person.

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.

Naturalisation Eligibility

Ceisteanna (305)

Bernard Durkan

Ceist:

305. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected naturalisation status of a person (details supplied) in County Clare; and if she will make a statement on the matter. [6494/16]

Amharc ar fhreagra

Freagraí scríofa

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons referred to by the Deputy arrived in the State in 2006 and have remained illegally in the State since the expiration of their initial three-month visitor permission. As the Deputy will appreciate, this is a substantial period of time to be out of permission and it is an offence under the Immigration Act 2004 to reside in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.

Any exceptional or family circumstances may be taken into account if the Minister issues this person with an intention to deport under Section 3 of the 1999 Immigration Act.

An application for extension of visitor permission was received on 4 August 2015 from these persons. This application is currently under consideration.

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.

Immigration Status

Ceisteanna (306)

Bernard Durkan

Ceist:

306. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the best way a person (details supplied) in County Kildare can update a Stamp 4 visa; and if she will make a statement on the matter. [6504/16]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has been granted Leave to Remain in the State for the period to 21 December 2015. This decision was conveyed in writing to the person concerned by letter dated 21 December 2012.

The person concerned is required to apply in writing for the renewal of this permission. As my Department's records show no evidence of such a renewal application having been made to date, it is recommended that the person concerned should do so without further delay.

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.

Residency Permits

Ceisteanna (307)

Bernard Durkan

Ceist:

307. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the best way for a person (details supplied) in County Kildare to regularise residency; and if she will make a statement on the matter. [6507/16]

Amharc ar fhreagra

Freagraí scríofa

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person arrived in the State in 2008 and was registered as a student and remained in permission until 30 August 2011. I understand that no application has been received by INIS on behalf of the applicant since then.

I wish to draw the Deputy's attention to a document, Guidelines for non-EEA national students registered in Ireland before 1 January, 2011, which is available on the INIS website, www.inis.gov.ie. This notice clarifies the position in relation to a non-EEA student registered in Ireland. As well as the above document, a series of guideline notes outlining how the new immigration regime operates are also available on the INIS website, including information on maximum time limits for students who wish to study at Language Non-Degree Level and Degree Level.

If this person has not completed the maximum time permitted for student conditions in the State, they are entitled to apply for further permission to remain in the State as a student until they have reached the maximum time allowable. Any request for further permission can only be granted within the terms of the Student guidelines.

If this person wishes to enter employment in the State, a prospective employer must first obtain a Work Permit in respect of them. The issuing of Work Permits is a matter for the Employment Permits Division of the Department of Jobs, Enterprise and Innovation, Davitt House, Adelaide Road, Dublin 2. Further information is available at www.deji.ie. In the event that a Work Permit is issued, they should then return to their local Immigration Office with the original Work Permit to have the appropriate permission endorsed on their documents.

Please be informed that it is illegal under the Immigration Act 2004 to reside in the State without the permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.

Any exceptional or family circumstances may be taken into account if the Minister issues this person with an intention to deport under Section 3 of the 1999 Immigration Act.

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.

Road Traffic Offences

Ceisteanna (308)

Eoin Ó Broin

Ceist:

308. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the numbers of fixed penalty notices, court prosecutions and convictions for breaches of the weight restrictions in place on the Kennelsfort Road in Palmerstown, Dublin 20, in each of the years 2014 to 2016 to date; and where court proceedings have taken place, if these proceedings were initiated by An Garda Síochána or the appeals of fixed penalty notices by the drivers. [6515/16]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that I have no direct role in relation to the enforcement of road traffic legislation which is an operational matter for An Garda Síochána.

However, in order to be of assistance to the Deputy, I have written to the Garda Commissioner to request further information. I shall arrange for the information requested to be forwarded to him when it is available.

Garda Stations

Ceisteanna (309, 310, 311, 312)

Imelda Munster

Ceist:

309. Deputy Imelda Munster asked the Minister for Justice and Equality to define the geographical boundary of the area served by Drogheda Garda Síochána station. [6517/16]

Amharc ar fhreagra

Imelda Munster

Ceist:

310. Deputy Imelda Munster asked the Minister for Justice and Equality the Garda Síochána personnel and vehicles typically attributed to Drogheda Garda Síochána station during the weekend period, by shift; and if there are any enhanced weekend resources. [6518/16]

Amharc ar fhreagra

Imelda Munster

Ceist:

311. Deputy Imelda Munster asked the Minister for Justice and Equality the Garda Síochána personnel and vehicles stationed at Drogheda Garda Síochána station on the weekends of 25 to 28 March 2016 and 31 March to 3 April 2016, by shift. [6519/16]

Amharc ar fhreagra

Imelda Munster

Ceist:

312. Deputy Imelda Munster asked the Minister for Justice and Equality further to Parliamentary Question No. 304 of 15 December 2015, how many of the 17 members of An Garda Síochána who have left the Drogheda area since 2010 have been replaced. [6520/16]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 309 to 312, inclusive, together.

As 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.

The Drogheda District forms part of the Louth Division and includes Drogheda, Dunleer and Clogherhead Garda Stations.

I have been informed by the Garda Commissioner that on 29 February 2016, the latest date for which figures are readily available, there were 95 members assigned to Drogheda Garda station. This compares with 109 in December 2010. There were also 20 Garda Reserves and 11 Civilians attached to the station.

Since the Garda College reopened in September 2014, there have been seven intakes of Garda Trainees, giving a total intake of 700. So far 395 of the new Garda Trainees have attested as members of An Garda Síochána. On attestation, new Probationer Gardaí are assigned to Garda stations throughout the country by the Garda Commissioner, where they are assigned to mainstream uniform policing duties. I am assured by Garda management that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí. I have been informed that of these, 18 have been assigned to the Louth Division.

As of 8 April 2016, the number of vehicles allocated to the Drogheda District is as follows:

Marked Cars

Unmarked Cars

Vans

Motorbikes

4X4

Others

Totals

8

6

1

1

1

1

18

For security and operational reasons, it is not the policy of An Garda Síochána to comment on specific deployment of Garda resources.

I am committed to ensuring that An Garda Síochána has the capacity to provide effective and visible policing throughout the country. A crucial element of the current Government's strategy is ensuring ongoing seamless recruitment to renew An Garda Síochána. With this in mind, Budget 2016 made provision for the recruitment of 600 new Gardaí this year bringing to 1,150 the number of new Gardaí who will have been recruited since the reopening of the Garda College in Templemore in September 2014.

Electronic Tagging

Ceisteanna (313)

Mattie McGrath

Ceist:

313. Deputy Mattie McGrath asked the Minister for Justice and Equality her views on the electronic tagging of offenders; and if she will make a statement on the matter. [6529/16]

Amharc ar fhreagra

Freagraí scríofa

Experience in other jurisdictions has shown that electronic monitoring has significant limitations and there are concerns about the operational effectiveness of untargeted electronic monitoring. However it does have potential benefits in certain circumstances.

Electronic monitoring is mainly used by the Irish Prison Service to monitor prisoners who have been granted temporary release from prison for various reasons such as to attend as hospital inpatients. It thus allows for a reduction in staffing costs for hospital escorts.

The question of electronic monitoring of convicted sex offenders was reviewed in detail in the context of the Department's discussion paper and public consultation on the Management of Sex Offenders. Two areas were identified where electronic monitoring might be of benefit: (i) monitoring the crucial transition post-release period where an offender leaves custody and is adjusting to living in the community to ensure positive habits are established and to identify potential risks; and (ii) monitoring high-risk offenders to verify compliance with a sex offender order. Provisions that will allow electronic monitoring to be ordered by a court for a maximum period of six months, where the court considers it necessary that the offender's movements are monitored to protect the public from serious harm, have been approved by the Government and will be included in the Sex Offenders (Amendment) Bill which is currently being drafted.

It is recognised that the targeted use of electronic monitoring has the potential to be effective as a means of enhancing compliance with bail conditions in appropriate cases. With this in mind, it is intended to bring forward streamlined proposals for such monitoring in the Bail Bill which is currently being drafted. The Bill will provide that electronic monitoring may be imposed as a bail condition if the prosecution applies to the court for this condition. This will facilitate the focused use of electronic monitoring for persons on bail. The introduction of an electronic monitoring system for bail purposes will require a separate tendering process and involve the Garda Síochána.

Garda Resources

Ceisteanna (314)

Pearse Doherty

Ceist:

314. Deputy Pearse Doherty asked the Minister for Justice and Equality the action she is taking to enhance policing services in the towns of Carrigans and St. Johnston, and throughout the Laggan Valley area of County Donegal; if she is aware of the impact on response times of the practice of deploying gardaí stationed in Letterkenny to respond to reported incidents in the aforementioned towns, which are in excess of 20 km away; the number of hours each day during which the Garda Síochána station in Carrigans is manned by gardaí; and if she will make a statement on the matter. [6545/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Districts and as Minister, I 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 to ensure the optimum use is made of these resources.

I have been informed by the Garda Commissioner that the area mentioned by the Deputy is within the Letterkenny Garda District. The District includes Garda stations in Ballybofey, Carrigans, Castlefin, Convoy, Letterkenny, Lifford, Newtowncunningham and Raphoe. As of the 29 February, the latest date for which figures are readily available, there were 157 members, 19 Garda Reserves and 15 Civilians assigned to the District.

As the Deputy will appreciate, it is vital that An Garda Síochána is renewed to ensure it has the capacity to provide effective and visible policing throughout the country. With this objective in mind, there have been seven intakes of Garda Trainees to the Garda College since it was reopened in September 2014 giving a total intake of 700. A further 450 will be recruited between now and the end of this year. So far, 395 of the new Garda Trainees have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties in communities nationwide. I am assured by Garda management that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí. I have been informed that 10 of the newly attested Gardaí have been assigned to the Donegal Garda Division.

With regard to the response times and opening hours, I have asked the Garda Commissioner for information on these specific issues and I will write directly to the Deputy in this regard.

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