Written Answers Nos. 95-104
95. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in determination of eligibility for stamp 4 permission to remain in the case of a person (details supplied); and if she will make a statement on the matter. [6298/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order and therefore has no entitlement to residency in the State.
Representations were received from the person's legal representative pursuant to Section 3(11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy may wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. This application is under consideration at present. In the meantime, the Deportation Order remains in place.
Queries in relation to the status of individual immigration cases may be made directly to the 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.
96. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 161 of 1 February 2017, if An Garda Síochána has no role in relation to the inspection of civilian aircraft transiting through Shannon Airport that are chartered to or on contract to the US military or to aircraft that have been known to have been associated with the US intelligence agency, the CIA; and if any such aircraft have been searched or investigated by An Garda Síochána at any time since September 2001. [6300/17]
Amharc ar fhreagraThe position in respect of the powers of search available to An Garda Síochána is based on detailed advices received from my predecessors from the Attorney General and has been elaborated in this House on many occasions in the past. As I stated to the Deputy in response to Question No. 161 of 1 February 2017, An Garda Síochána has no role in relation to the inspection of foreign State or military aircraft which, in accordance with international law, enjoy sovereign immunity.
It bears repeating that An Garda Síochána has statutory powers of search and entry available to it under various legislative provisions and these apply to civil aircraft as much as to any other type of private property. However, these powers may only be exercised in circumstances where a member of An Garda Síochána reasonably suspects that an offence has been or is being committed. Of course these powers must be exercised in accordance with law. The mere suggestion or assertion of wrongdoing would plainly not be sufficient in this regard.
It bears repeating also that it is the case that An Garda Síochána has previously investigated a number of allegations made to it of unlawful activity at Irish airports and the Garda Authorities remain fully committed to investigate all alleged breaches of the criminal law, including alleged offences involving the use of aircraft at Shannon Airport or other Irish airports.
97. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality the practices and procedures of the Magdalen redress scheme, in particular the criteria used for consideration and eligibility in the process; the status of the request for a centre (details supplied) to be included in the scheme; and if she will make a statement on the matter. [6301/17]
Amharc ar fhreagra98. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality the status of the investigation by the Ombudsman into the administration of the Magdalen redress scheme; and if she will make a statement on the matter. [6302/17]
Amharc ar fhreagraI propose to take Questions Nos. 97 and 98 together.
The Ombudsman has recently notified my Department that he is undertaking an investigation into complaints regarding the administration of the Scheme by the Department of Justice and Equality. My officials' understanding is that it relates to the inclusion of an institution that is not one of the 12 covered by Scheme. The Deputy will appreciate that it would not be appropriate for me to comment at this stage as to do so might serve to prejudice the respective ongoing consideration processes.
The Magdalen Laundries Restorative Justice Ex Gratia Scheme was set up following the publication of the report in February, 2013 of an Inter-Departmental Committee set up to establish the facts of the State's involvement with the Magdalen Laundries. It was chaired by then Senator Martin McAleese and it is commonly referred to as the McAleese report. The material in the Report relates to 10 different institutions which were run by 4 different Orders of nuns over a period of 70 years. Although there was no finding in the McAleese Report which indicated that the State had any liability in the matter, following the report’s publication the Taoiseach issued a State apology to the women. Mr. Justice Quirke was asked by the Government to make recommendations on an appropriate redress scheme for those who were in the 10 Magdalen laundries that were the subject of the McAleese Report. The Government also included in the scheme the laundry that was attached to Stanhope Street Training School and later also decided to include a 12th institution, the Training School in Summerhill.
The centre named in the details supplied with one of the questions above is An Grianán Training Centre. Although located on the same complex as the Magdalen Laundry in High Park, i.e. one of those 12 named institutions, An Grianán was a separate institution in its own right. Its function was to rehabilitate teenage girls and provide education to prepare them for reintegration into society. It thus served a different purpose to that of the traditional Magdalen institutions which dated back to the 19th century and which were open to women of all ages. An Grianán Training Centre, officially established in 1971, had a separate legal status as a certified place of detention and an approved residential children's home. An Grianán is among the 130 institutions listed in the Schedule to the Residential Institutions Redress Act, 2002 and was therefore covered by the Residential Institutions Redress Board Scheme operated by the Department of Education and Skills.
Aside from An Grianán's own separate legal status and its different function to that of a Magdalen laundry, it should be further noted that the terms of the Scheme specifically exclude institutions that are covered by the Residential Institutions Redress Board Scheme. This is to prevent a situation arising where an individual could receive compensation under two separate schemes for the same period of time spent in one institution.
I will take this opportunity to give some background to the operation of the Scheme. Each application is assessed on an individual basis taking into account any available records, documents and statements including the applicant's testimony. Processing of all applications under the Scheme operates on the premise that the testimony of the applicant is correct and the officers processing the application then seek to verify the application by checking appropriate records. If there are records and they are consistent with the application, then an offer is made. If there is a discrepancy, or in cases where the religious congregations have an incomplete or no record for an applicant, my officials must carry out a thorough examination, checking whatever records are available from other departments, agencies and institutions to support the application. The records of the religious congregations are not regarded as decisive; they are just one factor that is taken into consideration.
To date, over €25 million has been paid out to 669 women under the Scheme. The Scheme remains open to new applications but it is important to note that decisions have been made on all of the 819 applications made to date. The difference between that figure and the 669 payments made is accounted for by refusals and for other reasons including probate cases, applicants still considering provisional offers, and the application of the Assisted Decision Making Act, 2015 in relation to those women who lack the necessary capacity.
The Scheme provides for lump sum payments varying from €11,500 to €100,000 depending on the length of stay in the institution concerned. Further, each woman is entitled to a top-up payment to bring her weekly income from the Irish State up to the equivalent of the Irish Contributory Pension in recognition of the fact that they were not paid for the work they did while in the laundries.
Moreover, the Redress for Women Resident in Certain Institutions Act 2015 provided for certain services to be made available by the Health Service Executive (HSE) to the women. The services, which are free of charge, include GP services, prescribed drugs, medicines, aids and appliances, dental, ophthalmic and aural services, home support, home nursing, counselling services, chiropody, podiatry and physiotherapy. The HSE has administrative arrangements in place for health and social services for women living outside Ireland.
99. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the investment funds for which applications under the immigrant investor programme have been approved to date; the investment funds for which such applications have been refused; and if she will make a statement on the matter. [6309/17]
Amharc ar fhreagraI have been informed by the Irish Naturalisation and Immigration Service of my Department that currently there are three Funds approved by the Central Bank from which applications will be accepted to the Immigrant Investor Programme (IIP). The Funds are the Kylin Investment Fund, the Irish Diaspora Loan Fund and the Bartra Capital Property ICAV. All applications received from these three Funds to date have been accepted and approved by the independent evaluation committee.
The Deputy may wish to note that a minimum investment of €1.0 million in an Approved Investment Fund is required for an application to the IIP. The money invested in the fund must be committed for a minimum of three years and must be invested in a manner consistent with the IIP Programme objectives, in other words relating to investments that would, if made by an individual applicant on their own behalf, be likely to qualify under the programme.
All funds have to be invested in Ireland and must represent equity stakes in Irish registered companies that are not quoted on any stock exchange. The funds and fund managers must be regulated by the Central Bank to conduct business in Ireland.
100. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the progress being made on her commitment in February 2015 to allow asylum seekers living in direct provision to have their complaints independently examined by the Ombudsman and the Ombudsman for Children in line with the recommendations of the 2015 working group report, Improvements to the Protection Process, including direct provision and supports to asylum seekers; her views on the lack of action on this commitment in principle and the timeline of actions for ensuring that children living in direct provision have access to the services of the Ombudsman; and if she will make a statement on the matter. [6335/17]
Amharc ar fhreagraThe extension of the role of the Ombudsman and the Ombudsman for Children to persons resident in State provided accommodation is currently at an advanced stage following the conclusion of consultations with the Office of the Attorney General. I expect to make a more formal announcement on this issue shortly and that both offices will begin the roll out of information programmes immediately thereafter.
101. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality her plans to upgrade facilities to enable the better delivery of services by An Garda Síochána (details supplied); and if she will make a statement on the matter. [6338/17]
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 25 Garda Stations in the Cavan/Monaghan Division, 21 which have direct access to PULSE. The members attached to the non-networked stations 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.
102. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality the number of commissions of inquiry or other formal investigations or inquiries being conducted in her Department; the name of these; the date they were established; the expected date the work is intended to be completed; the cost incurred to date; the estimated final cost; and if she will make a statement on the matter. [6362/17]
Amharc ar fhreagraI can inform the Deputy that there is currently one Commission of Investigation ongoing in my Department. The MacLochlainn Commission of Investigation was established under SI No. 346 of 2014 to investigate the fatal shooting of Mr Ronan MacLochlainn by members of the Garda Síochána in May 1998 in Ashford, Co Wicklow. The establishment of the Commission was proposed in settlement talks on a case taken by Mr MacLochlainn’s partner, Ms Grainne NicGibb, to the European Court of Human Rights. The Court struck out the case on foot of this proposal. Ms Mary Rose Gearty, SC, is Sole Member of the Commission and the total expenditure incurred to date is €1.153m.
On 16 May 2016 one person who is identified in the Commission's final report brought an application to the High Court seeking a direction pursuant to Section 35(1)(b) of the Commissions of Investigation Act 2004 that the report be amended before it is submitted to the Minister. The submission of the Commission's final report to the Minister must await the determination of this court application. Final costs of this Commission must await the decision on the application which is before the High Court.
103. Deputy Jan O'Sullivan asked the Tánaiste and Minister for Justice and Equality if a student applying for a study visa for Ireland must prove that they have €7,000 in their own bank account or simply access to €7,000 through a sponsor's bank account; and if she will make a statement on the matter. [6376/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that all non-EEA students seeking to pursue a full time course of studies in Ireland are required to show that they can support their stay in Ireland without recourse to public funds.
An applicant must show evidence of having immediate access to at least €7,000 to meet living costs. Circumstances where a sponsor, such as a family member, show that they have the required money and will make it available to the student can be taken into consideration when assessing this aspect of the application. The student must also show, in each subsequent year, that the student and/or sponsor(s) have ready access to at least €7,000 in addition to course fees for each of those years.
The INIS website contains comprehensive guidelines to assist the applicant with the application process. The documentation needed for each application type can be found by choosing the appropriate visa option on the web page: http://www.inis.gov.ie/en/INIS/Pages/Apply%20for%20a%20visa. It should be noted however that the information contained on the website is for guidance purposes only, and does not limit the discretion of the Visa Officer in dealing with individual applications. Therefore, all information that an applicant wishes to have taken into consideration should be included when an application is submitted.
The Deputy may wish to note that queries 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 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.
In addition, members of the public may themselves e-mail queries directly to INIS (visamail@justice.ie).
104. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality her views on a matter (details supplied) regarding Garda vetting procedures; and if she will make a statement on the matter. [6380/17]
Amharc ar fhreagraThe Deputy will appreciate that the primary purpose of the Garda National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults and it is carried out by An Garda Síochána primarily in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016.
Vetting checks are conducted by the Garda National Vetting Bureau for each new vetting application received to ensure that the most recent data available is taken into account. This is because once there has been any significant lapse of time between one employment and another, the original Vetting Disclosure must be reviewed to take account of any changes in information, such as more recent criminal convictions. Furthermore, the Data Protection Acts require that any sensitive personal data which employers use in regard to their employees must be current, accurate and up-to-date. Importantly, the general non-transferability and contemporaneous nature of the current process also helps to protect against the risk of fraud or forgery in the process.
I am pleased to inform that Deputy that at present, 80% of overall vetting applications are being processed by the National Vetting Bureau in five working days. This efficiency in vetting has been achieved by the deployment of the e-Vetting system which facilitates the on-line processing of applications for vetting from registered organisations. The e-Vetting system is available to all registered organisations and the Garda Authorities are ready to assist those organisations who are not yet using the e-Vetting system to do so. In circumstances where has been such a sustained reduction in processing times, the issue of vetting “transferability” is very largely obviated. There are certain limited circumstances where organisations can share a single vetting disclosure where this is agreed to by the vetting applicant. Section 12(3)(A) of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (as amended) provides that two or more relevant organisations can enter into a joint written agreement in relation to the employment, contracting, permitting or placement of an person to undertake relevant work or activities thereby providing for only one of the organisations being required to conduct vetting in respect of that person.
