Written Answers Nos. 64 - 80
64. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will re-examine the case in respect of the deportation of a person (details supplied); and if she will make a statement on the matter. [5127/17]
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), 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 all other applicable legislation. If any representations are submitted, they will be considered before a final decision is made.
The Deputy may wish to note 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.
65. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Questions Nos. 55 of 24 November 2016 and 203 of 26 April 2016, if the case will be urgently reviewed with a view to favourable decision (details supplied); and if she will make a statement on the matter. [5128/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, as stated in my reply to previous parliamentary question number 55 of 24 November 2016, the first person mentioned by the Deputy entered the State on 28 April 2005 and was granted a maximum 90 days visitor's permission at the point of entry. The second person mentioned by the Deputy entered the State on 10 May 2008 and was also granted a maximum 90 days visitor's permission at the point of entry. It appears that both persons concerned choose to remain in the State - without permission - beyond their respective 90 days visitor's permission.
In response to an application made on their behalf by the Deputy on 18 June 2015, the INIS inform me that letters issued to both persons concerned on 12 April 2016 refusing them further permission to reside in the State, and that this decision was upheld in a further letter dated 14 July 2016. There has been no further exchange of correspondence with the persons concerned since that time.
As no evidence of their departure from the State has been received, it is now the intention of the INIS to issue a notification under the provision of Section 3(4) of the Immigration Act 1999 (i.e. proposal to deport) in respect of both persons concerned. In response to the issuing of this notification, written representations may be submitted on behalf of both persons concerned. These representations, which should include a full copy of both passports, 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.
Can I remind the Deputy 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.
66. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the position regarding residency in the case of a person (details supplied); and if she will make a statement on the matter. [5131/17]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that correspondence received from this person in January 2017 is currently under consideration and the person concerned will be notified of the outcome in due course.
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.
67. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to be followed to correct an error in the certificate of naturalisation granted to a person (details supplied); and if she will make a statement on the matter. [5133/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the name that appears on the certificate of naturalisation, granted to the person concerned at her citizenship ceremony on 15 April 2015, is as stated by her in the application form, and in her original passport. The name as stated in her application form is also the name on her statutory "Declaration of Fidelity to the Nation and loyalty to the State" which she signed on the date of her citizenship ceremony. Once issued there is no provision for a certificate to be changed.
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.
68. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if an original birth certificate submitted with an application for family reunification will be returned in the case of a person (details supplied); and if she will make a statement on the matter. [5136/17]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question made an application for Family Reunification in respect of his mother in December 2016. There is no record of an original birth certificate having been submitted in support of the application. As is standard practice, all original documents submitted in support of applications for family reunification will be returned when the process is complete.
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 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 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.
69. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if all requested documentation has been received in respect of an application for residency and naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [5140/17]
Amharc ar fhreagraI refer the Deputy to my answer to his Parliamentary Question no. 175 of 17 January 2017. A letter issued to the legal representatives of the person concerned on 25 October 2016 requesting certain information, however, no response has been received to date. Upon receipt of the requested information, or in the event that the persons concerned do not respond, the case will be submitted to me for decision in due course.
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.
70. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [5142/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation from the person referred to by the Deputy was deemed ineligible for reasons provided to the person concerned in a letter issued on 23 May 2016.
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.
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 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.
71. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality when stamp 4 will issue in the case of a person (details supplied); and if she will make a statement on the matter. [5145/17]
Amharc ar fhreagraI 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 their parentage of an Irish citizen child. The application was received in the relevant Division of the INIS on 19 May 2015. After consideration of the case a decision letter to grant residency to the person concerned was issued by registered post on 25 January 2016. This correspondence was returned by An Post to the Department with an undelivered stamp marked " Gone Away". On receipt of communication from the person concerned the decision letter was re-issued by registered post on 9 December 2016 to their new address.
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 services 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 email service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.
72. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of residency and naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [5147/17]
Amharc ar fhreagraI refer the Deputy to Parliamentary Question No. 168 which I answered on Tuesday, 17 January 2017. The person whose details were supplied was also the subject of that Question and I have included a copy of my response below.
With regard to the residency status and naturalisation of the person whose details were supplied, you will be aware that applicants for international protection are issued with a temporary residence certificate pending determination of their application.
The question of naturalisation does not currently arise in respect of the person whose details were supplied.
Parliamentary Question No. 168
Question
To ask the Tánaiste and Minister for Justice and Equality the progress to date in determination of an application in the case of a person (details supplied) ; and if she will make a statement on the matter.
Answer
If the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 26 of the International Protection Act 2015.
The International Protection Act 2015, which repealed the Refugee Act, 1996, was commenced on 31 December 2016 and introduced new arrangements for the investigation and determination of applications for International Protection (refugee status and subsidiary protection) and cases involving permission to remain in the State. Such applications will now be processed as part of a single application procedure by the International Protection Office.
As the Deputy may be aware, the Irish Naturalisation and Immigration Service (INIS) wrote to all applicants in December 2016 to advise them that, insofar as it is required under the transitional requirement in the 2015 Act, they (INIS) would be in touch with them in January 2017 if the new procedures in the 2015 Act applied to their existing application or appeal. Applicants were also advised that they might be asked at that time to provide additional information to assist in the processing of their application.
73. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality when an application for naturalisation in the case of a person (details supplied) will be finalised; and if she will make a statement on the matter. [5149/17]
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.
74. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in respect of family reunification in the case of a person (details supplied); and if she will make a statement on the matter. [5151/17]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has made an application for immigration permission based on being a family dependent of an Irish National. Further documentation was requested from the applicant by letter dated 27 January 2017. On receipt of this documentation, the application will be considered further.
Queries in relation to the status of individual immigration cases may be made directly to 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 email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
75. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality the number of bicycles reported stolen in the Dublin region in 2016; the number of these bicycles retrieved by An Garda Síochána; the number claimed by members of the public; and the number remaining in Garda stations throughout the county. [5220/17]
Amharc ar fhreagraI have requested a report from the Garda authorities in relation to this matter and I will contact the Deputy directly when the report is to hand.
The following deferred reply was received under Standing Order 42A
The table details the information which you requested for Dublin Metropolitan Region for 2016.
|
Figures applicable for the Dublin Metropolitan Region for 2016 only: |
|
|
No. of bicycles reported stolen in the Dublin Region in 2016 |
4397 |
|
No. of these bicycles retrieved by An Garda Síochána |
349 |
|
No. claimed by members of the public in the DMR |
108 |
|
No. remaining in Garda stations in the DMR |
241 |
**Statistics provided are operational, provisional and liable to change and are valid to 1st February, 2017. I am informed by the Garda authorities that bicycle theft is an ongoing problem and that there are a number of factors impacting on the crime trend, in particular the increased number of people utilising pedal cycles now as their preferred form of commuting. I am assured that Garda Management are continuously monitoring crime trends and hot spots to ensure intelligence led operations are put in place to target crimes of this nature.
I understand that a crime prevention initiative called "Info Bike" has been in operation in the DMR South Central since June 2015. The objective of this initiative is to reduce bicycle thefts by targeting known crime hot spots, raising awareness, educating the public about the correct locks for bicycles, the correct locking practices and deterring bicycle thieves.
I am further informed that Crime Prevention Officers are liaising with bicycle retailers and other outlets and proffering crime prevention advice, such as:
- recording details of the purchasers together with the bicycle frame number,
- advising of various bicycle registration schemes (including local Garda schemes) and
- advising purchasers to purchase good quality locks. As the vast majority of persons reporting stolen bicycles to An Garda Síochána do not know the frame number of their stolen bicycle, the recording of this information at the point of sale makes returning recovered property easier for An Garda Síochána.
76. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality the number of Garda Reserve members on duty nationally and in Dublin during December 2016; and if she will make a statement on the matter. [5221/17]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including Garda Reserves, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps 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 am informed by the Commissioner that the strength of the Garda Reserve on 31 December 2016, the latest date for which figures were readily available was 695, and in the Dublin Metropolitan Region the strength was 208.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Appointments will also be made to the Garda Reserve of approximately 300.
I have spoken to the Garda Commissioner in relation to the delivery of the commitment to double the Reserve to 2,000 and what steps might be taken to ensure that the expanded Reserve is used to best effect in support of visible policing. In this regard I am informed that the Garda Reserve Management Office is undertaking an audit of the experience and skills of Reserves which, when completed, will assist Garda management in considering the future role to be played by the Reserve. Work is also underway on the development of a recruitment plan with the objective of recruiting and training 300 new Reserves annually starting this year, to bring the strength of the Reserve up from its current strength of 695 members to 2,000 by 2021. As part of the planning process, I understand that the Office is examining the possibility of recruitment at the regional or divisional level, rather than centrally, and also the manner in which the training is delivered.
77. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality if she and any Minister of State in her Department uses a personal e-mail account for work purposes; the security controls that are in place relating to the use of personal e-mail accounts for Department related business; if her Department has a policy on this matter; and if she will make a statement on the matter. [5258/17]
Amharc ar fhreagraThe Deputy will wish to be aware that access for all staff to web based emails is restricted by security infrastructure deployed by the Department of Justice and Equality. The Department provides a secure remote access service to staff who require access to Departmental systems including emails outside of work hours.
Both Minister of State Stanton and I use our Departmental email addresses to conduct official business related to our roles. In addition, we also operate Oireachtas email accounts which are primarily used by our constituency offices. However, like most people, we also have personal email accounts and have on a small number of occasions in the past used these addresses in relation to our work.
78. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality the Acts or sections or other provisions of Acts, coming wholly or partly under the auspices of her Department or for the commencement of which her Department is wholly or partly responsible, which are not in force and which require the future making of a commencement order; if, in each case, it is intended to make such an order; if so, when; the reason for the failure to make such an order to date; and if she will make a statement on the matter. [5273/17]
Amharc ar fhreagraI wish to inform the Deputy that it has not been possible to provide the information required in the time available. The information will be forwarded to the Deputy as soon as it is to hand.
The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 78 for answer on 2 February 2017, in which you requested details of Acts or sections or other provisions of Acts, coming wholly or partly under the auspices of my Department which are not in force and which require the future making of a commencement order.
As you will recall, the information you requested could not be obtained in the time available, and I undertook to contact you again. The information requested by you is set out in the following table.
You may be interested in the "Legislation Directory Entry" facility on www.irishstatutebook.ie which provides, inter alia, information concerning commencement details of sections of individual Acts.
I hope this information is of assistance.
|
# |
Act (or part thereof) |
Not Fully Commenced |
Detail of Sections not commenced |
When is it planned to commence or is there a plan to repeal. |
|
1 |
Assisted Decision-Making (Capacity) Act 2015 |
Some Sections commenced 17/10/16 |
A Steering Group on the Implementation of the Decision Support Service has been put in place to oversee the establishment and commissioning of the Decision Support Service within the Mental Health Commission. The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives, is a matter for the Minister for Health. |
Phased commencement began on 17/10/16. |
|
2 |
Charities Act 2009 |
S89, S92-98 not commenced |
S92 – dissolution of charitable organisations S93-98 – provision for non-cash collections and related matters |
These Sections are kept under review in consultation with the Charities Regulatory Authority and will be commenced when appropriate. |
|
3 |
Children Act 1997 |
Section 11 of the Children Act 1997 has not been commenced in so far as it inserts Sections 26 and 28 into the Guardianship of Infants Act 1964. |
Section 26 of the Guardianship of Infants Act 1964 provides for reports under Section 47 of the Family Law Act 1995 in District Court proceedings under that Act. Section 28 provides for appointment of guardians ad litem in family law proceedings, and legal representation for such guardians ad litem. |
The question of commencement of Section 11 of the Children Act 1997, in so far as it inserts Sections 26 and 28 into the Guardianship of Infants Act 1964 will be considered further in the context of the Family Court Bill which is under preparation in my Department. |
|
4 |
Children and Family Relationships Act 2015 |
The provisions of the Act not yet commenced are Parts 2 and 3, Part 11, and other provisions of the Act which are related to Parts 2 and 3 and cannot be commenced until those Parts are commenced. |
Commencement of Parts 2 and 3 relating to donor-assisted human reproduction is a matter for the Minister for Health Commencement of Part 11 relating to adoption is a matter for the Minister for Children and Youth Affairs. |
The Adoption (Amendment) Bill 2016, for which the Minister for Children and Youth Affairs is responsible, will provide for the repeal of Part 11 of the 2015 Act. |
|
5 |
Civil Debt (Procedures) Act 2015 ( No. 28/2015) |
Whole Act |
Commencement requires systems to be put in place. |
The Act will be commenced in its entirety once those systems and procedures are in place. |
|
6 |
Civil Liability and Courts Act 2004 |
S30 (personal injury register), |
Section 30 of the Civil Liability and Courts Act 2004 provides that the Courts Service shall set up and maintain a register of personal injuries actions. The Courts Service has advised that to establish and maintain such a register for all court jurisdictions, accessible by members of the public, requires the development of an appropriate IT support system and I am informed that there is no such IT support system in place at present. |
The Courts Service has been requested to examine the requirements, including system development and resource issues, needed to enable the commencement of Section 30 of the Civil Liability and Courts 2004 Act. I understand that the Courts Service is actively looking at what is required to set up a register of personal injuries actions across court jurisdictions and the timeframe involved, with a view to putting the register in place as quickly as possible. In addition, the Report on the Cost of Motor Insurance published by the Costs of Insurance Working Group in January 2017 has recommended that a further review of Section 30 be undertaken in 2017 by the Department of Justice and Equality in conjunction with the Courts Service. This review should determine whether Section 30 requires amending. The results of that review are to be submitted to the Cost of Insurance Working Group for consideration. |
|
7 |
Court of Appeal Act 2014 |
Section 73 insofar as it relates to certain enactments specified in Schedule 1 to the Act |
The Schedule in question provides for the repeal of certain enactments. The repeals yet to be commenced concern the Court of Criminal Appeal and cannot be commenced until such time as all cases before that Court have been brought to a conclusion |
The Commencement S.I. will be made once there is no longer a need to maintain the Court of Criminal Appeal. |
|
8 |
Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 |
The Act has been fully commenced with the exception of Section 67(2)(e) Section 72(2)(f) (insofar as this paragraph relates to Chapter 2 of Part 12) and Sections 110-121. |
The provisions are not yet commenced pending logistical arrangements. |
These provisions were deferred until required logistical arrangements have been put in place. |
|
9 |
Criminal Justice (Misc Provisions) 2009 |
Sections 36 and 38 Section 40 (which inserts Sections 9C to 9I into the Firearms and Offensive Weapons Act 1990) |
Sections 36 and 38 were intended to address distance selling of firearms as required under the Firearms Directive 20008/51/EC. However the Directive has since been transposed by S.I. 493 of 2010 without the need to commence Sections 36 and 38. Section 9C provides that the Minister shall keep a register of dealers in realistic imitation firearms. Such dealers shall pay a fee, provide a tax clearance certificate and their premises must meet a certain standard of security as decided by the Minister Section 9D provides for an offence for any person to import, manufacture, sell, repair, test, expose for sale, or have in his possession for sale, repair or test by way of trade or business, any RIF unless that person is registered in the register of dealers in realistic imitation firearms. Further it is an offence for a person to sell a realistic imitation firearm to a person under the age of 16 years. Section 9E provides that the Minister may remove a person from the register of dealers if certain conditions as specified in the Section are no longer met. Section 9F gives An Garda Síochána powers of inspection for the premises of registered dealers in realistic imitation firearms. Section 9G provides that the Minister may by Order restrict trading in realistic imitation firearms. Section 9H gives the Minister the power to require that realistic imitation firearms conform to certain specifications as set out in an Order. Section 9I provides that a person in the register of realistic imitation firearms must have a tax clearance certificate. |
Sections 36 and 38 - These Sections are to be repealed when a suitable legislative vehicle has been identified. Section 40 - Consultations necessary on a range of options. |
|
10 |
Criminal Justice 2006 |
S102 (electronic monitoring), S107, S111a, S112a, |
Part 10 of the 2006 Act has provisions at Sections 101(10), 102, 107, 108(4), 109, 111 and 112 all relating to the use of electronic monitoring. |
There are no immediate plans to commence these Sections. The new Bail Bill will update the legislative basis for the electronic monitoring of persons on bail. |
|
11 |
Criminal Justice 2007 |
S11-13, S41, |
These Sections relate to the use of electronic monitoring where a person has been granted Bail by the Courts. |
The new Bail Bill will update the legislative basis for the electronic monitoring of persons on bail. |
|
12 |
Criminal Justice Act 2011 |
·Section 5 of Part 1, ·Section 7 (c) and ·Sections 9 to 14 of Part 2 have not been commenced. |
Regulations required to facilitate commencement of Section 7 are currently being finalised Commencement of Sections 5, 10 and 11 is consequential on commencement of Section 7(c). Regulations required to facilitate commencement of Section 9(a) are currently being finalised Commencement of Sections 9(c), 9(d), and 9(e) is consequential on commencement of Section 9(a). Sections 9(b), 13 and 14 will not be commenced as the amendments concerned will now be made in a Criminal Procedure Bill currently being drafted. Section 12 will also not be commenced as the Act which this Section proposes to amend has been repealed by Section 6 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014. |
Regulations required to facilitate commencement of Section 7, 9 are currently being finalised. Aim is to complete the regulations in 2017. |
|
13 |
Criminal Justice Act 2013 |
Section 5 of Part 2 has yet to be commenced. |
Commencement of Section 5 is not imminent. The recently published 4th EU Directive on Money Laundering will have a bearing on the issue. |
This Section is likely to be amended by the forthcoming Criminal Justice (Money Laundering and Terrorist Financing) Bill. |
|
14 |
Criminal Justice Mutual Assistance (amendment act) 2015 |
The whole Act commenced on 1 February 2016 other than Section 24 |
S. 24 deals with mutual recognition of fines and requires some changes of procedures by the Courts Service before it can be commenced later this year. |
It is hoped to commence the outstanding provisions in late 2017. |
|
15 |
Disability Act 2005 |
The Act has been commenced in respect of children up to 5 years of age only (as from 1 June 2007). |
Whilst the Act is the responsibility of the Department of Justice and Equality, commencement in respect of this part falls to the Department of Health. |
Requires commencement by the Minister for Health. |
|
16 |
Intoxicating Liquor Act 2000 |
Section 15 |
Section 15 provides for the display of a notice on licensed premises and in registered clubs in relation to offences related to the sale, supply, purchase and consumption of intoxicating liquor by underage persons and the presence of underage persons on licensed premises. |
This Section is being reviewed in the context of the Sale of Alcohol Bill |
|
17 |
Intoxicating Liquor Act 2008 |
Section 9 |
This Section is being repealed and replaced in the Public Health (Alcohol) Bill 2015 (currently before the Oireachtas). |
This Section is being repealed and replaced in the Public Health (Alcohol) Bill 2015. |
|
18 |
Legal Services Regulation Act 2015 |
Parts 1 and 2 (with exceptions) commenced 19/07/2016. |
In progress. |
Phased with Parts 1 and 2 commenced and Authority established on 1 October 2016. |
|
19 |
National Vetting Bureau (Children and Vulnerable Persons) Act 2012 |
The whole Act, other than Section 20, was commenced on 29th April 2016 |
Section 20 relates to the process of re-vetting. |
There are no plans to commence this Section until all retrospective vetting under Section 21 has been completed. |
|
20 |
Prisons Act 2015 |
S. 3 and S5-22, which relate to the closure of Saint Patrick's Institution, have not yet been commenced. |
Awaiting orders by the Department of Justice and Equality and the Department of Children and Youth Affairs. It was intended that these provisions would commence on 1 October 2016 when Oberstown Children Detention Campus was expected to be ready to accommodate juvenile offenders from Saint Patrick's Institution and facilitate its closure but this timescale has been impacted by recent events at Oberstown. |
Relevant Commencement Orders to be made by the Department of Justice and Equality and the Department of Children and Youth Affairs. |
|
21 |
Property Services (Regulation) Act 2011 (No. 40/2001) Which relates to the Maintenance of Professional Competence of Licensees |
Part 10 S79-81 |
This is kept under review in consultation with the Property Services Regulatory Authority. |
The PSRA is developing a scheme for the introduction of a Continuous Professional Development (CPD) programme for property service providers. The scheme will require an SI to be developed. It is intended to commence in 2017. |
|
22 |
Valuation (Amendment) Act 2015 |
Section 14 |
With the exception of Section 14, all other Sections and provisions of the Valuation (Amendment) Act 2015 were commenced on 8th June 2015 (SI No. 229/2015). |
Section 14 will be commenced at a future date that has yet to be determined. The non-commencement of this Section is due to the need for preparatory work to be carried out by the Valuation Office on new procedures which are to be supported by information and communications technology. |
79. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality her views on whether an INIS requirement that a sponsor (details supplied) who lives here must be earning over €60,000 per year after tax, even when living in a rural location such as County Leitrim; her further views on whether this is a fair system, considering the differences in wages and the cost of living; her plans to address this issue; and if she will make a statement on the matter. [5279/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the Family Reunification Policy document which was published in 2013 and amended in December 2016 sets out the reasons why the qualifying financial criteria is set at the current figures. The document sets out, among other things, the requirement that family reunification should not be an undue burden on the public purse. Economic considerations, therefore, are a necessary part of family reunification policy. Reflecting the balance of interests referred to in the document, sponsors will have to achieve minimum levels of earnings prior to being eligible to sponsor a family member. The policy is a national policy and does not discriminate on the basis of geography.
The financial thresholds will rise significantly where the application is made in respect of a dependent elderly parent. Any grant of immigration status in such cases will be subject to strict conditions aimed at protecting the public purse. These will include medical insurance and financial guarantees. Given the level of risk, which cannot be fully mitigated by undertakings of financial support by family members, the financial thresholds for earnings to support an elderly dependant relative must be high enough to meet the foreseeable expense. Obviously, health and medical costs which are not geographically dependent increase significantly for older persons and factors such as potential future nursing home costs also need to be taken into account. Therefore, a sponsor of an elderly dependent relative will be required to have earned, in each of the 3 years preceding the application, an income after tax and deductions of not less than €60K in the case of one parent and €75K where two parents are involved. Where the elderly dependent relative has a guaranteed income into the future this can be used to partially offset the financial limits.
80. Deputy Charlie McConalogue asked the Tánaiste and Minister for Justice and Equality the total number of Garda stations in the County Donegal Garda division; the number of these stations that have the PULSE database system installed and not installed, respectively, in tabular form; and if she will make a statement on the matter. [5292/17]
Amharc ar fhreagraAs the Deputy will appreciate, decisions in relation to the provision and allocation of Garda equipment and resources are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.
I am, however, informed by the Garda authorities that there are 39 Garda Stations in the Donegal Division, 24 of which have access to the PULSE database system. However, members in non-networked locations have 24 hour access to the Garda Information Services Centre (GISC) which has a direct feed into the PULSE system.
The Deputy will be aware that the Commissioner launched the Garda Síochána Modernisation and Renewal Programme 2016-2021 in June 2016 and that this Programme is intended to professionalise, modernise and renew An Garda Síochána to ensure that the organisation can meet present and future challenges. As part of the Programme, the matter of enhancing rural access to the Garda network by connecting non-networked sites to the network is being examined. This includes plans to introduce mobile technology solutions to enable operational Gardaí to access core information systems, including PULSE, while on duty and away from Garda stations.
