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Tuesday, 20 Mar 2018

Written Answers Nos 357-373

Immigrant Investor Programme Data

Ceisteanna (357)

Niall Collins

Ceist:

357. Deputy Niall Collins asked the Minister for Justice and Equality the number of immigrant investor programme applications per annum since 2012; the value under each investment option; his plans to review thresholds to the scheme; the number of jobs created directly and indirectly relating to the scheme under each investment option; and if he will make a statement on the matter. [12728/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the number of applications per annum under each option of the immigrant investment programme, and the value under each option, is set out in the table:

 Year

 Endowment

 Enterprise

 Mixed Investment

 Bond

 Other

 2012

 2 (€1.0m)

 3 (€3.0m)

 -

 -

 2013

 2 (€1.0m)

 9 (€4.5m)

  7 (€ 5.25m )

 2 (€2.0m)

 -

 2014

 -

 26 (€13.0m )

 3 (€2.25m)

 1 (€1.0m )

 -

 2015

 1 (€0.5m)

 56 (€28.0m)

 4 (€3.0m)

 3 (€3.0m )

 3 (€1.5m) Fund

 2016

 5 (€2.0m)

 249 (€124.5m)

 28 (€21.0m)

 10 (€10.0m)

24 (€24.0m)Fund

1 (€2.0m)REIT

 2017

 46(€19.2m)

 261(€261.0m)

-

26(€26.0m) Fund

1 (€2.0m) REIT

As the table shows, the number of applications received in 2015 of 67 increased in 2016 to 317, an almost 500% increase.  This rate of applications continued in 2017, with 334 applications received.  I have no plans to alter the thresholds to the scheme at the moment, however I am keeping the programme under review.

I am advised that INIS does not have details on the number of jobs created either directly or indirectly under the various investment options.

UN Convention on the Rights of Persons with Disabilities

Ceisteanna (358)

Ruth Coppinger

Ceist:

358. Deputy Ruth Coppinger asked the Minister for Justice and Equality if the optional protocol to the United Nations Convention on the Rights of Persons with Disabilities will be ratified; and if he will make a statement on the matter. [12764/18]

Amharc ar fhreagra

Freagraí scríofa

While there was a commitment given, in the 2015 Roadmap, to ratify the Optional Protocol at the same time as the Convention, the current focus has been on ratifying the Convention itself as a first step. The Convention and the Optional Protocol cover a broad range of commitments some of which require substantive cultural change.  Work is continuing on the reforms needed for Ireland's compliance with the Convention's requirements.  For this reason, a phased approach is seen as the most practical and realistic way of moving ahead.  Accordingly the Optional Protocol is not being ratified at this time but will be ratified as soon as possible, at the latest following completion of Ireland's first reporting cycle which will identify any actions needed with regard to compliance with the Convention.   

The timescale for opting into the Optional Protocol will be determined following completion of the first reporting cycle under the Convention. 

Firearms and Ammunition Security

Ceisteanna (359)

Michael Healy-Rae

Ceist:

359. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will address a matter (details supplied); and if he will make a statement on the matter. [12783/18]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that Statutory Instrument 646 of 2017, entitled Firearms (Storage of Firearms and Ammunition by Firearms Dealers) Regulations 2017, was signed into law by me last month and circulated to firearms dealers.

These Regulations give effect to minimum standards for the safe and secure storage of firearms and ammunition in the premises of firearms dealers. They recognise that firearms dealers are entitled to be in possession of large quantities of firearms but require them to conduct business from a premises that has been constructed to a high standard. The Regulations also recognise the different categories of firearms dealers and scales the requirements depending on the quantities of ammunition and firearms being stored.

This Statutory Instrument derives from the powers conferred under Sections 9(10) and (11) of the Firearms Act 1925, which were inserted by Section 38 of the Criminal Justice Act 2006. Section 9(10) provides “The Minister, after consultation with the Commissioner, may by regulations specify minimum standards to be complied with in relation to premises in which a firearms dealer carries on a business or proposes to do so”. 

Section 9(11) provides “The minimum standards shall be determined by reference to

(a)  the security of the premises

(b)  their safety, and

(c)  their standard of construction,

and having regard to their use for, as the case may be, the manufacture, repair, testing, proving or sale of firearms or ammunition”.

These provisions were passed by the Oireachtas on 5 July 2006 and signed into law by the President on 16 July 2006 and commenced on 1 January 2008.

The Regulations were developed following consultation with a sub-group of the Firearms Consultative Panel (FCP) consisting of registered firearms dealers. It was agreed by the FCP when this sub group was being established that the firearms dealers on the Panel at the time should sit on the sub-group for the purpose of examining this particular issue. The FCP is a consultative group and it was never the intention that the legislation would be dependent on the FCP’s support. I should add that I am currently reviewing the future structure and membership of the FCP and submissions have been invited from the relevant interest groups.

The Commissioner of An Garda Síochána has endorsed the security measures contained in this Regulation. Similar security measures have been applied successfully elsewhere, e.g. in banks, pharmacies and the jewellery sector.     

In order to minimise the financial impact, a lead-in time of twelve months (to 1 February 2019) for compliance has been included in the Regulation in order to permit dealers sufficient time to comply with the legislation. 

 I wish to advise the Deputy that I have no plans to amend these regulations which have been introduced as a public safety measure.

Visa Applications

Ceisteanna (360)

Aengus Ó Snodaigh

Ceist:

360. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the status of an application by a person (details supplied) for an entry visa; and when they can expect a decision on their case. [12834/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a visa has been issued to the individual in question.

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.

In addition, applicants may themselves e-mail queries directly to visamail@justice.ie.

Immigration Status

Ceisteanna (361)

Bernard Durkan

Ceist:

361. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied); and if he will make a statement on the matter. [12847/18]

Amharc ar fhreagra

Freagraí scríofa

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was refused a Residence Card on 12 September 2017 as they were not in compliance with the European Communities (Free Movement of Persons) Regulations 2015.

I am also informed that INIS received an application for a review of that decision on 2 November 2017.  The Deputy will appreciate that review applications are processed in chronological order.  I understand that there will be will be no avoidable delay in issuing a 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.       

Immigration Status

Ceisteanna (362)

Bernard Durkan

Ceist:

362. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied); and if he will make a statement on the matter. [12848/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that from the limited information provided, it is not possible to identify the person concerned.

From the details provided, it would appear that the person in question may never have had permission to remain in the State. If it is the case that the person has not engaged with the immigration service already, then they should do so as soon as possible.

In this regard and to allow full examination of their circumstances, the person concerned should be advised to write directly to Unit 2, Residence Division, Irish Naturalisation and Immigration Service, 13-14 Burgh Quay, Dublin 2 supplying the following documentation in relation to themselves, and as applicable, in relation to any spouse or children that might be currently in the State.

1. Full copy of their passport/s

2. Copy of their GNIB card/s

3. Copy of marriage certificate (if applicable)

4. Brief outline of their history in the State to include when and where they entered the State as well as a brief outline of their current circumstances.

5. Their current address.

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. 

Immigration Status

Ceisteanna (363)

Bernard Durkan

Ceist:

363. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if stamp 4 or extension to residency will be offered in the case of a person (details supplied); and if he will make a statement on the matter. [12849/18]

Amharc ar fhreagra

Freagraí scríofa

I 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. 

Immigration Status

Ceisteanna (364)

Bernard Durkan

Ceist:

364. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the eligibility for residency status, stamp 4 or citizenship in the case of a person (details supplied); and if he will make a statement on the matter. [12850/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that from the limited information provided, it is not possible to identify the person concerned.

From the details provided, it would appear that the person in question may never have had permission to remain in the State. If it is the case that the person has not engaged with the immigration service already, then they should do so as soon as possible.

In this regard and to allow full examination of their circumstances, the person concerned should be advised to write directly to Unit 2, Residence Division, Irish Naturalisation and Immigration Service, 13-14 Burgh Quay, Dublin 2 supplying the following documentation in relation to themselves, and as applicable, in relation to any spouse or children that might be currently in the State.

1. Full copy of their passport/s

2. Copy of their GNIB card/s

3. Copy of marriage certificate (if applicable)

4. Brief outline of their history in the State to include when and where they entered the State as well as a brief outline of their current circumstances.

5. Their current address.

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. 

Immigration Status

Ceisteanna (365)

Bernard Durkan

Ceist:

365. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of residency status in the case of persons (details supplied); and if he will make a statement on the matter. [12851/18]

Amharc ar fhreagra

Freagraí scríofa

I 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.

Immigration Status

Ceisteanna (366)

Bernard Durkan

Ceist:

366. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of residency status in the case of a person (details supplied); and if he will make a statement on the matter. [12852/18]

Amharc ar fhreagra

Freagraí scríofa

I 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.  

Visa Applications

Ceisteanna (367)

Bernard Durkan

Ceist:

367. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the correct procedure to be followed by a person (details supplied); if another procedure other than family reunification appropriate to these circumstances can be detailed; and if he will make a statement on the matter. [12853/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it is open to any visa required national to apply for a visa for any purpose.  Each application is considered on its individual merits, with the Visa Officer having regard to all of the information available, including any previous applications made. The onus rests at all times with the applicant to satisfy the Visa Officer that the visa sought should be granted. 

Further information on the circumstances in which a person can seek to sponsor a family member to join them in the State are set out in the Policy Document on Non-EEA Family Reunification published on the INIS website at www.inis.gov.ie.

I am further advised that a person who wishes to come to Ireland to work, must first get the necessary employment permit from the Department of Business, Enterprise and Innovation before applying for an employment visa.

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.

In addition, applicants may themselves e-mail queries directly to visamail@justice.ie.

Immigration Status

Ceisteanna (368)

Bernard Durkan

Ceist:

368. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when stamp 4 will be updated in the case of a person (details supplied); and if he will make a statement on the matter. [12854/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has had their permission to remain in the State renewed for a further three year period to 14 March 2021. This decision was conveyed in writing to the person concerned by registered post dated 13 March 2018.

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.

Questions Nos. 369 and 370 answered with Question No. 290.

Irish Prison Service

Ceisteanna (371)

John McGuinness

Ceist:

371. Deputy John McGuinness asked the Minister for Justice and Equality if the pension levy is applied to each hour a prison officer works; if hours worked as overtime are considered as pensionable; his views on whether the hours of overtime should be exempt from the levy; and if he will make a statement on the matter. [12878/18]

Amharc ar fhreagra

Freagraí scríofa

I can the inform the Deputy that the Pension Related Deduction was introduced in the Financial Emergency Measures in the Public Interest Act 2009. It is due on all remuneration payable to public servants. Remuneration is defined in the 2009 Act as 'emoluments to which Chapter 4 of Part 42 of the Taxes Consolidation Act 1997 applies or is applied and payable by or on behalf of a public service body to a public servant for his or her services as a public servant'. This definition includes non-pensionable pay, including overtime, acting-up allowances and benefit-in-kind. This is a provision of the FEMPI legislation and applies to all public servants it is not open to the Irish Prison Service to exempt prison officers from its provisions.

Overtime payments to public servants (or Annualised Hours in the case of prison officers) are not pensionable under the rules of the Civil Service Superannuation Scheme.

I can advise the Deputy that under the terms of the Public Service Pay and Pensions Act, 2017, the Pension-Related Deduction will be replaced by an Additional Superannuation Contribution from 2019 onwards. Under Section 32(1) of the 2017 Act, this contribution will be in respect of 'pensionable pay' only.

Closed-Circuit Television Systems Provision

Ceisteanna (372)

Brendan Smith

Ceist:

372. Deputy Brendan Smith asked the Minister for Justice and Equality the number of applications received to date under the community CCTV scheme; the number approved; the funding approved to date; and if he will make a statement on the matter. [12899/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, my Department has launched a Community-based CCTV grant-aid Scheme to assist groups in the establishment of community-based CCTV systems in their local areas, in pursuance of a commitment in the Programme for a Partnership Government.

There has been an increasing level of enquiries relating to the Scheme. Some 11 applications have been received to date and I understand that a number of other applications are currently being readied for submission.

4 applications under the Scheme have been approved to date, with approved funding totalling almost €120,000. A further 4 applications are under active consideration. The remaining 3 applications have been returned to the applicants concerned to enable them to provide the information necessary to qualify for grant-aid.

Under the Scheme, which is being administered by my Department, eligible community groups can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum grant of €40,000. Upon approval of the grant, the applicant will receive an up-front payment of 50% of the grant with the balance to be paid when the system is fully operational.

Full details of the grant aid package including guidelines, application forms, code of practice and other relevant documentation are all available to download from my Department's website - www.justice.ie.

I am very conscious of the value that communities, especially rural communities, place on CCTV as a means of deterring crime and assisting in the detection of offenders and I would encourage interested groups to avail of the Scheme.

Question No. 373 answered with Question No. 290.
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