Written Answers Nos. 117-136
117. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of residency in the case of a person (details supplied); and if he will make a statement on the matter. [51396/17]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that it has received a request for permission to remain in the State in respect of the person mentioned by the Deputy. This case is among a number of such cases which are currently being held by this Department pending the outcome of the appeal to the Supreme Court of the Court of Appeal judgment in the Luximon v. Minister for Justice and Equality which is due to be heard in the Supreme Court on 30 November 2017.
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.
118. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the required correspondence from his Department will issue to facilitate the update of stamp 4 in the case of persons (details supplied); and if he will make a statement on the matter. [51397/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned had their permission to remain in the State renewed for a further one year period to 14 December 2017. This decision was conveyed in writing to the persons concerned by letters dated 13 December 2016. This permission was renewed to enable the persons concerned to obtain a valid passport or alternatively submit evidence as to what effort they have made to secure a passport.
A representative of the INIS wrote to the persons concerned on 30 August 2017 requesting the submission of specific documentation. There is no record of the requested documentation having been submitted to date. The position in the State of the persons concerned can be further considered upon receipt of the requested documentation.
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.
119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the case of persons (details supplied) will be examined with a view to facilitating the necessary legal status; and if he will make a statement on the matter. [51398/17]
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 person concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of persons (details supplied); and if he will make a statement on the matter. [51399/17]
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.
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.
121. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [51400/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of a current application for a certificate of naturalisation from the person referred to by the Deputy. A previous application was refused, for reasons provided to the person concerned in a letter issued on 01 February 2017 advising of the decision.
It is open to any individual to lodge an application for a certificate of naturalisation 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. The fact that a person may have had an application refused does not preclude or disqualify them from submitting a fresh application in the future. Indeed, the letter advising an applicant of a negative decision also informs them that they may re-apply for the grant of a certificate of naturalisation at any time. The letter advises that, when considering making such a re-application, they should give due regard to the reasons for the refusal which were contained in the submission attached to the refusal letter and that any further application will be considered, taking into account all statutory and administrative conditions applicable at the time of application.
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.
122. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review the case of a person (details supplied) with a view to the regularisation of his or her status; and if he will make a statement on the matter. [51401/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, if the person concerned has made an application for international protection in the State, it would not be the practice to comment on it until it had fully completed the protection process. This is in accordance with section 26 of the International Protection Act 2015, which provides for the protection of the identity of protection applicants.
The INIS has a body of cases which will be dealt with in turn as soon as possible, after which the applicants can expect to hear about the status of their applications.
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 might 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.
123. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of the determination of an application for citizenship in the case of a person (details supplied); and if he will make a statement on the matter. [51403/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of an application for a certificate of naturalisation on behalf of the person referred to by the Deputy, is ongoing and will be submitted to me for decision as expeditiously as possible.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
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.
124. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to recent correspondence that issued in the case of a person (details supplied), if he will confirm receipt of the documentation within the relevant section; and if he will make a statement on the matter. [51405/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned made an application for a right of residency accompanied by a right to work based on their parentage of an Irish citizen child and which was received in the Department on 03 October 2017.
The INIS was in contact with the person concerned on 25 October 2017 seeking further information and clarification. Correspondence was submitted on 2 November 2017 in response to same. On 3 November 2017 the person concerned was requested to provide DNA evidence to satisfy the INIS as to the parentage of the Irish citizen child. The application will be processed on receipt of all of the required information.
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.
125. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [51406/17]
Amharc ar fhreagraI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to reside in this State on Stamp 4 EUFam conditions for a period of 5 years on 24 June 2015 on the basis of their marriage to an EU citizen.
I understand that INIS wrote to the person concerned on 24 August 2017 in relation to concerns regarding apparent non-compliance with the requirements of community law. The person was subsequently informed by INIS in writing, on 20 November 2017, that their permission to reside in this State was revoked. I also understand that the person concerned has been advised that it is open to them to submit a request for a review of that decision.
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.
126. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of the determination of residency in the case of persons (details supplied); and if he will make a statement on the matter. [51407/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that notifications have issued to the persons concerned pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended).
All representations received, 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.
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.
127. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for citizenship in the case of a person (details supplied); and if he will make a statement on the matter. [51420/17]
Amharc ar fhreagraThe position remains as outlined in response to the Deputy's Parliamentary Question No. 137 of 26 October 2017.
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of an application for a certificate of naturalisation from the person referred to by the Deputy is under consideration and has not yet reached a conclusion, but I understand however that the case is due to be submitted for decision in the near future.
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.
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.
128. Deputy Peadar Tóibín asked the Minister for Culture, Heritage and the Gaeltacht if the historic Iveagh Markets building located on Francis Street, Dublin 8, is a listed building; if it is a protected structure; identify the owner of the building; and if she will make a statement on the matter. [51301/17]
Amharc ar fhreagraThere is no distinction between a listed building and a protected structure. Buildings are protected by their inclusion in the Record of Protected Structures (RPS) of the relevant planning authority.
The Planning and Development Act 2000, as amended, requires each planning authority to compile and maintain an RPS. The RPS is a mechanism for the statutory protection of architectural heritage and forms part of each planning authority's Development Plan.
As Minister for Culture, Heritage and the Gaeltacht, I draw on information from my Department's National Inventory of Architectural Heritage (NIAH), to recommend structures to the planning authorities for inclusion on their RPS. Sites, structures or groups of structures rated as being of Regional importance or above are included in such recommendations. The making of an addition to, or a deletion from, an RPS is a reserved function of the relevant planning authority.
The Iveagh Markets are recorded in the NIAH and were recommended to the local authority for inclusion on the Dublin City RPS. I understand that Dublin City Council has included them on its RPS.
My Department does not hold any information on the ownership of buildings.
129. Deputy Pearse Doherty asked the Minister for Culture, Heritage and the Gaeltacht if funding has been committed to progress the installation and construction of a sea wall and associated coastal defences at Machaire Rabhartaigh in County Donegal; if so, the amount of funding that has been allocated for the project; and if she will make a statement on the matter. [51254/17]
Amharc ar fhreagra130. Deputy Pearse Doherty asked the Minister for Culture, Heritage and the Gaeltacht her plans for the installation and construction of a sea wall and associated coastal defences at Machaire Rabhartaigh in County Donegal; the costings associated with these planned works; when construction is expected to commence; and if she will make a statement on the matter. [51255/17]
Amharc ar fhreagraI propose to take Questions Nos. 129 and 130 together.
A number of years ago, my Department, in co-partnership with the Department of Regional Development, Northern Ireland, Caledonian MacBrayne Ferries Ltd and Caledonian Maritime Assets Ltd in Scotland, participated in the INTERREG funded Small Ferries Project with the view to developing suitable vessels and piers for small islands in the three jurisdictions. As part of this project, a preliminary design was prepared for improvement works, to include coastal defences, at Machaire Rabhartaigh Pier.
With a view to re-activating this project, my Department will now work with Donegal County Council and relevant stakeholders to progress it to the planning stage. Whilst no funding has been allocated to date, amongst the earliest tasks of this phase of the project will be a re-costing of its various elements. As is the norm with any major capital project funded by my Department, funding will be approved at different stages of the project from the start-up stage to completion, depending on the availability of resources.
A committee will be formed comprised of Toraigh Island residents, Donegal County Council and my Department to contribute to the development of the project.
I can assure the Deputy that both my Department and I are fully behind this project and are taking the necessary steps to progress its development, in consultation with all relevant stakeholders.
131. Deputy Bernard J. Durkan asked the Minister for Culture, Heritage and the Gaeltacht if she has examined a report by an organisation (details supplied); the extent to which she expects to address the issues raised within the report; and if she will make a statement on the matter. [51374/17]
Amharc ar fhreagraMy Department has recently received the report referred to in the question and will consider it further, including in the context of the Creative Ireland Programme.
132. Deputy Brendan Howlin asked the Minister for Culture, Heritage and the Gaeltacht the degree to which she has been consulted by RTÉ on the review of its orchestral provision from 2018 to 2023, which is under way; and if she will make a statement on the matter. [51413/17]
Amharc ar fhreagraMy colleague the Minister for Communications, Climate Action and the Environment has statutory responsibility for broadcasting including RTÉ. I am not aware that submissions have been sought in relation to this matter.
133. Deputy Brendan Howlin asked the Minister for Culture, Heritage and the Gaeltacht if the Arts Council is giving consideration to policies that would link the awarding of grant funding to the implementation of robust anti-bullying and sexual harassment procedures; when such consideration is due to conclude; and if she will make a statement on the matter. [51415/17]
Amharc ar fhreagraHR issues including anti-bullying and sexual harassment procedures are in the first place a matter for the Boards and directors of arts organisations including theatres and any of the other cultural institutions. The Boards of organisations funded by my Departments, including those bodies directly under my Department's remit, should ensure that as employers, they are compliant with all employment legislation, including those aspects relating to bullying and harassment in the workplace.
While the Arts Council is independent in its funding decisions, I understand a number of conditions related to financial assistance being operated by the Council apply to its funding recipients. These conditions include a requirement that recipients must comply with all laws applicable to the body in question, including statutory obligations under employment law, statutes, regulations and revenue requirements. In addition, recipients must avoid any form of discriminatory practice and have regard for the need to promote equal opportunities in all areas of work in compliance with the provisions of the Employment Equality Acts 1998 to 2011. I also understand that the Arts Council will be reviewing its conditions in the light of recent events.
Everyone is entitled to be treated with respect, dignity, fairness and equality in the workplace. In recent times, there have been a number of alarming allegations and reports of sexual harassment and bullying in the workplace relating to the arts community. While all workplaces are obliged to comply with employment legislation, my predecessor has identified a number of actions that can be taken in respect of the bodies reporting to my Department.
These actions include:
- arranging separate dedicated governance workshops for board members and senior staff, with a particular emphasis on issues relating to bullying abuse of power and sexual harassment in the workplace;
- working on a collaborative basis with the Arts Council to make similar training available to other cultural organisations and arts centres around the country at a series of regional information days;
- highlighting once again to bodies reporting to the Department the nature of their legal obligations by seeking assurances of their compliance with obligations under employment legislation; and
- accelerating a planned review of compliance by bodies reporting to the Department with the requirements of the Code of Practice for the Governance of State Bodies.
I am confident that these support measures will contribute to the further enhancement of existing governance structures in bodies reporting to my Department.
134. Deputy Brendan Howlin asked the Minister for Culture, Heritage and the Gaeltacht the consideration that has been given to the inclusion of the RTÉ Concert Orchestra and RTÉ National Symphony Orchestra within the ambit of the Creative Ireland programme; and if she will make a statement on the matter. [51419/17]
Amharc ar fhreagraMy colleague the Minister for Communications, Climate Action and Environment has the statutory remit for broadcasting including RTÉ. My Department has no role in relation to RTÉ. In relation to the Creative Ireland Programme, it should be noted that this is not a funding programme, and it is not in a position to replace existing funding structures.
135. Deputy Mattie McGrath asked the Minister for Health the changes he is considering regrading the reversal of the financial emergency measures in the public interest, FEMPI, based cuts to general practitioner funding. [51410/17]
Amharc ar fhreagraI acknowledge the contribution made by general practitioners and other health professionals who provide services under contract on behalf of the HSE, through reductions in the fees in respect of these services, to addressing the unprecedented economic crisis which the State faced over recent years.
In the context of the publication by my colleague, the Minister for Public Expenditure and Reform, of the Public Service Pay and Pension Bill 2017, on 7 November 2017, I announced that in 2018 I will undertake a process of engagement with representative bodies of contracted health professionals, aimed at putting in place a new multi-annual approach to fees, in return for service improvement and contractual reform and in line with Government priorities for the health service.
136. Deputy Robert Troy asked the Minister for Health if an occupational therapist assessment for a person (details supplied) will be carried out; and if he will make a statement on the matter. [51249/17]
Amharc ar fhreagraAs this question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply.
