Written Answers Nos. 35-44
35. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality the present legislation regarding employment discrimination by age; if it is legal for a company to dismiss an employee on the grounds of age if that person has not reached retirement age; and if she will make a statement on the matter. [3553/17]
Amharc ar fhreagraIn my role in the Department of Justice and Equality, I have responsibility for equality legislation, which provides for retirement ages in line with the relevant EU Directive provision that differences of treatment on the grounds of age are permissible if, within the context of national law, they are objectively and reasonably justified by a legitimate aim including legitimate employment policy, labour market and vocational training objectives, and if the means of achieving that aim are appropriate and necessary.
I have no Ministerial responsibility for retirement age issues generally either in the public sector (where mandatory retirement ages are a feature of public sector employment law) or the private sector (where there is no statutory retirement age).
I am unable, in the context of an answer to a Parliamentary Question or otherwise, to offer legal advice or an interpretation of legislation for which I hold Ministerial responsibility in relation to a complaint or a potential complaint. Depending on the particular circumstances involved in a situation such as that outlined by the Deputy, an individual who feels that his or her rights have been transgressed may seek advice and assistance from the Irish Human Rights and Equality Commission and/or the Workplace Relations Commission.
36. Deputy Eoin Ó Broin asked the Tánaiste and Minister for Justice and Equality the length of time on a tourist visa for a person (details supplied) whose passport was stamped on entry to Ireland on 15 December 2016 with an expiry date of 3 February 2017 but who understood that the tourist visa was for 90 days. [3604/17]
Amharc ar fhreagraA non-national person arriving by air or sea is required to present to an Immigration Officer for permission to enter and be in the State. Permission is granted on the basis of the person's purpose of stay in the State. In the case of a person who is visiting this may be for a maximum period of 90 days. However, the duration of the permission granted is determined by the Immigration Officer to whom the person presents based on the information provided by the person concerned and the assessment of the Immigration Officer to whom he or she presented.
A non-national may not remain in the State without the permission of the Minister for Justice and Equality and the person concerned should make an application for further permission to remain if he seeks to extend his stay in the State beyond his current period.
37. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality the proposals there are to ratify the UN Convention of Rights for Persons with Disabilities; and if she will make a statement on the matter. [3619/17]
Amharc ar fhreagraIreland signed the Convention on the Rights of Persons with Disabilities in 2007 and since then, successive Governments have emphasised Ireland’s strong commitment to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. This Government remains committed to ratification of the Convention.
It is essential that the State is in a position to meet the obligations it assumes under the terms of an international agreement from the moment of its entry into force for Ireland. Before the State can ratify the Convention on the Rights of Persons with Disabilities, enactment of new legislation and amendment of existing legislation is required to ensure obligations will be met upon entry into force for Ireland. Ratification of a Convention before we have amended domestic legislation that contradicts it makes no sense and does nothing to ensure compliance or to actually protect the people for whose benefit the Convention exists. The previous Government published a Roadmap in October 2015, which sets out the legislative measures needed to meet those requirements, along with declarations and reservations to be entered by Ireland on ratification.
Considerable progress has already been made to overcome the remaining legislative barriers to Ireland's ratification of the Convention. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Bill 2015 completed Committee Stage in the Dáil on 7 December 2016. When enacted, the Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights. Achieving the necessary balance between those rights and ensuring appropriate protection is crucial.
The Disability (Miscellaneous Provisions) Bill 2016 was published immediately prior to Christmas. The primary purpose of the Bill is to address the remaining legislative barriers to Ireland’s ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD).
Work is ongoing on all the other issues set out in the previous Government’s Roadmap for Ratification published in October 2015 and these will be progressed as Committee Stage amendments. The Bill will be progressed to enactment at an early date to facilitate ratification of the UN Convention as soon as possible.
The precise timing of ratification now depends on how long it takes for the Bill to progress through the enactment process and on issues in relation to commencement of the Deprivation of Liberty provisions, which will be included in the Committee Stage amendments, and of the the Assisted Decision Making (Capacity) Act 2015.
38. Deputy Eugene Murphy asked the Tánaiste and Minister for Justice and Equality the status of an application for naturalisation status in respect of a person (details supplied). [3548/17]
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 under consideration and has not yet reached a conclusion.
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.
39. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality further to the historical abuse inquiry in Northern Ireland and the reference to the Finglas episode, the precise nature of the investigation under way in this regard as reported in the media; the terms of reference of this investigation; and the person carrying it out. [3658/17]
Amharc ar fhreagraI am advised by the Garda authorities that an in-depth examination of Garda files and records has been put in train with a view to establishing what information was known by An Garda Síochána in the 1970’s and any relevant actions that may have been taken in relation to the matters referred to. This work is being carried out under the auspices of Garda Special Crime Operations with a team from the the Garda National Protective Services Bureau. I am further informed that the Report of the Historical Institutional Abuse Inquiry in Northern Ireland will also be examined to assist with these enquiries.
40. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 210 of 17 January 2017, if she will clarify the legal requirement under EU law for county registrars to establish on their own motion whether an application for repossession is unfair; if county registrars have been advised in this regard; and the steps she is taking to make defendants in reposition cases aware of their rights [3659/17]
Amharc ar fhreagraI wish to advise the Deputy that this matter is currently being examined by my Department in consultation with the Office of the Attorney General and the matter will be kept under review in terms of any definitive additional obligations arising.
In relation to making defendants in repossession cases aware of their rights, as the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that they have developed a Guide to Possession in the Circuit Court which is available on www.courts.ie. This guide is intended for people who are facing the possibility of having their property possessed by a lender in the Circuit Court and outlines what possession is, the options and supports available and what to expect will happen during the court process.
The Deputy will be aware that the Government is committed to keeping families in their homes and avoiding repossessions in so far as possible. It launched the new national mortgage arrears resolution service, Abhaile, last October and it is advisable that people who are at risk of losing their home avail of the free legal and financial advice services on offer. The Abhaile service provides access to free independent expert financial and legal advice and assistance which includes the presence of court mentors provided by the Money Advice and Budgeting Service (MABS) at all Circuit Court repossession hearings across the country. There are also in-house dedicated Mortgage Arrears advisers in MABS offices across the country, specifically to assist and negotiate on behalf of borrowers in mortgage arrears.
41. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if she will publish the O'Neill report without further delay; the reason she has not done so before now; the course of action that will be taken to deal with the very serious allegations against the Garda Commissioner; and if she will make a statement on the matter. [3664/17]
Amharc ar fhreagraThe Deputy is referring to a report which I have received from Mr. Justice Iarfhlaith O’Neill of his review relating to two protected disclosures which I received from members of An Garda Síochána in early October last year. I received Mr. Justice O'Neill's Report on 7th December 2016.
Mr Justice O’Neill was asked to review the allegations of wrongdoing contained in the disclosures, to make any inquiries with persons or bodies that he considered appropriate in relation to the review and to report to me on the conclusion of the review, including any recommendations which he may consider necessary in relation to any further action which may be appropriate and warranted to address the allegations.
The Report set out in detail the allegations contained in the protected disclosures. In view of the nature of those allegations, and the fact that third parties are mentioned, the Report was referred to the Attorney General for her advice on how to proceed, including the question of what material might properly be put in the public domain, having regard to the rights of all concerned. Advices were received from the Attorney General’s Office which raised further issues and which necessitated further consultation between my Department and that Office.
I expect that I will be in a position to bring proposals to Government on this matter in the very near future. These proposals will obviously be guided by the conclusions and recommendations of Mr. Justice Iarfhlaith O'Neill as regards what further action might be necessary, and will deal with the issue of putting those conclusions and recommendations into the public domain.
42. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [3683/17]
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 based on their parentage of an Irish born child, on a stamp 4 basis, on 19 September, 2001. This permission was subsequently renewed and registered by the person at their local immigration office up to 6 February, 2015. Further permission was granted by INIS until 6 February, 2016. However, the person concerned failed to register this permission with the Garda National Immigration Bureau (GNIB).
I am further informed by the INIS of my Department that there is no record of a pending application for renewal of this permission from the person concerned.
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.
43. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to be followed to regularise the residency position in the case of a person (details supplied); and if she will make a statement on the matter. [3684/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned have not made contact with INIS Residence Division in respect of their position in the State and there are no applications pending with INIS.
INIS also inform me that the last records maintained for both named persons show that the first person was refused leave to land at Dublin airport on 5 October 2014 and was escorted onto an exit flight on the same day. Regarding the second person named, INIS inform me that this person was also refused leave to land on 3 March 2014.
The persons concerned appear to never have had permission to remain in the State and they should be aware that it is illegal for them, under the Immigration Act 2004, to remain 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 Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. In addition, it is apparent that the persons concerned has failed to meet the requirements of Section 9 of the Immigration Act 2004, which sets out the obligations of non-nationals in respect of registration.
If there are any relevant exceptional circumstances which would justify granting the persons concerned permission to remain in the State, they will be taken into account if the persons concerned are issued with an intention to deport letters under Section 3 of the Immigration Act 1999 (as amended).
Might I remind the Deputy 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 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.
44. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and expected position in respect of residency status and eligibility for naturalisation in the case of persons (details supplied); and if she will make a statement on the matter. [3686/17]
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 persons 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 all other applicable legislation, in advance of a final decision being made.
The Deputy should note that as the persons concerned have no current right of residency in the State, they would not be in a position to meet the lawful residency criteria applicable to persons applying to my Department for a Certificate of Naturalisation.
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.
