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Tuesday, 17 Apr 2018

Written Answers Nos. 519-535

Telecommunications Infrastructure

Ceisteanna (519)

Jackie Cahill

Ceist:

519. Deputy Jackie Cahill asked the Minister for Justice and Equality the reason permission to install a transmitter for a community CCTV scheme on a redundant Garda mast at Littleton Garda station, Littleton, County Tipperary, is held up in view of the fact that the project cannot proceed without this transmitter being in place; and if he will make a statement on the matter. [15238/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware the replacement, refurbishment and management of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works, which has the responsibility for the provision and maintenance of Garda accommodation. I, as Minister, have no direct role in the matter.

I understand that in some cases, a structural analysis survey may have to be completed by the Telecommunications Section of An Garda Síochána in response to a request for access to a mast.

Structural analysis of this kind is carried out in order to ensure the relevant mast is not overloaded in advance of any installation; to verify whether remedial works would be required prior to installation; as well as analysis to ensure the proposed operating frequency of the transmitter does not affect Garda systems. 

I am informed by the Garda authorities that an application requesting access to the mast at Littleton Garda Station for a transmitter for a community CCTV scheme was received by the Telecommunications Section of An Garda Síochána from the local District Officer in Thurles.  I am further informed that a structural analysis of this kind was required in respect of the mast at Littleton Garda Station.  I further understand from the Garda authorities that this structural analysis of the mast is now complete and that access to the mast has been approved.

Questions Nos. 520 to 522, inclusive, answered with Question No. 508.

Asylum Applications

Ceisteanna (523)

Joan Burton

Ceist:

523. Deputy Joan Burton asked the Minister for Justice and Equality the status of an application by a person (details supplied) for asylum. [15270/18]

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.

Naturalisation Applications

Ceisteanna (524)

Joan Burton

Ceist:

524. Deputy Joan Burton asked the Minister for Justice and Equality when a person (details supplied) will receive naturalisation papers. [15271/18]

Amharc ar fhreagra

Freagraí scríofa

I 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 on-going, with a view to establishing whether the statutory conditions for naturalisation, such as good character and lawful residence, are satisfied. On completion of the necessary processing the application 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. 

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most straightforward cases are now 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. 

Garda Information and Communications Technology

Ceisteanna (525)

Thomas P. Broughan

Ceist:

525. Deputy Thomas P. Broughan asked the Minister for Justice and Equality when PULSE will be updated to enable gardaí to differentiate between full driver licences and learner permits; and if he will make a statement on the matter. [15277/18]

Amharc ar fhreagra

Freagraí scríofa

As 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 informed by the Garda authorities that the recording of all road traffic collisions on PULSE requires Garda members to complete licence and insurance details for each driver. In relation to the licence details, PULSE already provides for the recording of various licence types, including full, learner (accompanied), learner (unaccompanied) and novice.

Furthermore, the Driver Licence and Insurance Production facility also provides for the recording of the licence type presented. Both these methods are based on the visual inspection of the documents in question and the recording of relevant details on PULSE.

Asylum Seeker Accommodation

Ceisteanna (526)

Clare Daly

Ceist:

526. Deputy Clare Daly asked the Minister for Justice and Equality if additional bed space on medical grounds will be provided to a person (details supplied); and if he will make a statement on the matter. [15287/18]

Amharc ar fhreagra

Freagraí scríofa

It is standard practice in all accommodation centres under contract to the Department that an adequate number of beds are provided for those residing in each centre. Local management work closely with all residents to ensure that particular needs are addressed in line with this overall policy.

In this particular case, individual beds were provided for both parties. I understand that the resident decided to remove one of the beds from the apartment and put it in the hallway.  On at least three occasions (in August 2017, February 2018 and March 2018) the centre manager has tried to persuade the person in question to allow the additional bed to be placed in the apartment. This request has been declined on all occasions.  I have every sympathy for the very difficult situation faced by this resident.  It would be useful if she indicate to the centre manager the reasons why she has refused so far to allow the additional bed to be placed in her room.  This would enable the centre manager to respond more effectively to her needs.

Deportation Orders Re-examination

Ceisteanna (527)

Seán Sherlock

Ceist:

527. Deputy Sean Sherlock asked the Minister for Justice and Equality if the case of a person (details supplied) will be reviewed. [15291/18]

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), 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. 

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.

Legislative Measures

Ceisteanna (528)

Pearse Doherty

Ceist:

528. Deputy Pearse Doherty asked the Minister for Justice and Equality the number of legislative measures enacted and published by his Department which originated in work carried out by the Law Reform Commission in each of the past ten years in tabular form; the details of each legislative measure in the corresponding year; and if he will make a statement on the matter. [15352/18]

Amharc ar fhreagra

Freagraí scríofa

Details are set out in the following table of primary legislation both enacted and published by my Department which originated in work carried out by the Law Reform Commission (LRC) from 2008-2017.

Year of publication of LRC report/work  2008 - 2017

Name of Law Reform Commission Report/Work

Title of primary legislation or (part thereof) which resulted from LRC work.

The current status of that  legislation, i.e. published, enacted or otherwise.

2008

Report on  Multi-Unit Developments

Multi-Unit   Developments Act 2011

Enacted

2010

Report: Alternative Dispute Resolution –   Mediation and Conciliation

Mediation Act 2017

Enacted

2010

Report: Personal Debt Management and Debt   Enforcement

Civil Debt (Procedures) Act 2015

Enacted (yet   to be commenced)*

2010

Report: Personal Debt

Management and Debt Enforcement

Personal Insolvency Act 2012

Enacted  

2010

Legal aspects of family relationships

Children and Family Relationships Act 2015

Enacted

2013

Sexual Offences and Capacity to Consent

Criminal Law (Sexual Offences) Act 2017

Enacted

* Commencement of the Civil Debt (Procedures) Act 2015 requires systems to be put in place in the Department of Employment Affairs and Social Protection to handle deductions from social welfare payments, and Rules of Court to enable the District Court to deal with the enforcement of court orders (abolition of imprisonment for debtors) and in respect of the processes for attachment of earnings and for the relevant District Court hearings under the Act. 

It is envisaged that the Civil Debt (Procedures) Act 2015 will be commenced once the appropriate procedures have been put in place in the Department of Employment Affairs and Social Protection and once the drafting of the necessary Rules of Court has concluded.

Direct Provision Data

Ceisteanna (529)

Clare Daly

Ceist:

529. Deputy Clare Daly asked the Minister for Justice and Equality the number of persons residing in each of the country's direct provision centres by category (details supplied). [15383/18]

Amharc ar fhreagra

Freagraí scríofa

The information sought by the Deputy cannot be provided in a single table or in a form that is readable in the response to the question. The information is provided in a series of tables in the attached file. 

The tables are structured, as follows:

Table 1: Number of persons by centre, age and gender.

Table 2: Duration of Stay in months since entering accommodation

Table 3: Number of Persons by Centre and Nationality

Table 4: Number of Persons by centre and family composition

The information is drawn from a dynamic database that changes on a daily basis - the tables represent the position at the end of March 2018.

Tables

Direct Provision Data

Ceisteanna (530)

Clare Daly

Ceist:

530. Deputy Clare Daly asked the Minister for Justice and Equality the number of persons residing in each direct provision centre who have been granted leave to remain here but remain resident in the centre by category (details supplied). [15384/18]

Amharc ar fhreagra

Freagraí scríofa

The phrase "leave to remain" in the question is being interpreted as covering persons granted any one of Refugee Status, Subsidiary Protection or Humanitarian Leave to Remain. The information sought by the Deputy cannot be provided in a single table and instead is provided in a series of 4 tables in the attached file.

The tables are structured, as follows:

Table 1: Number of persons by with leave to remain by centre, age and gender.

Table 2: Duration of Stay in Centre in Months since leave to remain was Granted

Table 3: The Number of Persons with with leave to remain by Centre and Nationality

Table 4: Number of Persons with leave to remain by by centre and family composition

The information is drawn from a dynamic database that changes on a daily basis - the tables represent the position at the end of March 2018. The information also includes data in relation to approximately 200 persons who have been relocated to Ireland under the relocation or resettlement programme and have been accommodated in Mosney. Unfortunately it is not possible to separate this data from the data in relation to the other persons in Mosney (approximately 600).

Tables

Immigration Status

Ceisteanna (531)

Bernard Durkan

Ceist:

531. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of permission to remain, stamp 4 eligibility or otherwise in the case of a person (details supplied); and if he will make a statement on the matter. [15406/18]

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.

Leave to Remain

Ceisteanna (532)

Darragh O'Brien

Ceist:

532. Deputy Darragh O'Brien asked the Minister for Justice and Equality the status of an application for permission to remain in the State by a person (details supplied); and if he will make a statement on the matter. [15425/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a request for permission to remain in the State was received from the person concerned on 15 December 2017. INIS has recently issued a letter to the person concerned, through their legal representative, requesting further information and documentation.  The case will be examined further when the information is received.

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 (533)

Darragh O'Brien

Ceist:

533. Deputy Darragh O'Brien asked the Minister for Justice and Equality the status of an application for a visa by a person (details supplied); and if he will make a statement on the matter. [15426/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised that the Irish Naturalisation and Immigration Service (INIS) of my Department has received a request for permission to remain in the State in respect of the person referred to by the Deputy. This case is among a number of such cases which are currently being held by my Department pending the outcome of the appeal to the Supreme Court of the Court of Appeal judgment in Luximon v. Minister for Justice and Equality which was heard in the Supreme Court on 30 November 2017. A decision will issue in this case when the matters before the Courts have been finalised.

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.

Leave to Remain

Ceisteanna (534)

Darragh O'Brien

Ceist:

534. Deputy Darragh O'Brien asked the Minister for Justice and Equality the status of an application for permission to remain in the State by a person (details supplied); and if he will make a statement on the matter. [15427/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a request for permission to remain in the State was received from the person on 15 December 2017. INIS has recently issued a letter to the person concerned, through their legal representative, requesting further information and documentation.  The case will be examined further when the information is received.

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.

Protected Disclosures

Ceisteanna (535)

Clare Daly

Ceist:

535. Deputy Clare Daly asked the Minister for Justice and Equality the reason his Department is not adhering to the protected disclosure policy within the Irish Prison Service; and the reason he has allowed the independent audit unit of his Department to refuse to investigate reports of continued penalisation and has instead appointed a private law firm to investigate same. [15429/18]

Amharc ar fhreagra

Freagraí scríofa

The case to which the Deputy refers is being dealt with in accordance with the Prison Service Protected Disclosure policy in place. The policy provides for the Head of Internal Audit to assign an inquiry to a member of the Internal Audit Unit or to an appropriately qualified professional to carry out an investigation. The policy further provides that such an individual may be internal or external to the Department. In the specific case referred to by the Deputy, the Head of Internal Audit decided that it would be appropriate to assign an external independent investigator to undertake the investigation. The legal firm assigned has experience in investigating protected disclosures and human resource matters and will submit its report to the Head of Internal Audit upon completion.

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