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Gnáthamharc

Thursday, 17 May 2018

Written Answers Nos 131-143

Residency Permits

Ceisteanna (131)

Bernard Durkan

Ceist:

131. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when consideration will be given to the long-term residency status in the case of a person (details supplied); and if he will make a statement on the matter. [21948/18]

Amharc ar fhreagra

Freagraí scríofa

I 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.

As the Deputy may be aware this case was among a large number of cases held by my Department pending the outcome of the Supreme Court judgment in respect of the cases of Luximon and Balchand which were finalised on 24 April 2018. INIS state that it may take some time to assess the above mentioned applications and ask if the person concerned might bear with them whilst undertaking this task.

The consideration of the person’s application has not yet been completed and, if further documentation or clarification of any matter related to the application is required from the person concerned, INIS will write to them requesting same.

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 (132)

Bernard Durkan

Ceist:

132. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to previous parliamentary questions and the replies thereto in the case of a person (details supplied) if the ban on Libyan nationals is to be lifted in the near future and that they must return to Italy permanently to see their spouse notwithstanding the need for their professional expertise here; and if he will make a statement on the matter. [21949/18]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that the categories of applicants who may be considered for visa processing has been extended in recent days following a review of the restrictions in place up to that point.

As previously advised, it is open to the applicant to make a fresh application including all supporting information or documentation they wish to have taken into consideration. As indicated in my response to previous parliamentary questions, I would suggest that this avenue be pursued.

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 (133)

Bernard Durkan

Ceist:

133. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in the case of a person (details supplied); and if he will make a statement on the matter. [21950/18]

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.

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.

Residency Permits

Ceisteanna (134)

Bernard Durkan

Ceist:

134. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed to regularise residency in the case of a person (details supplied); and if he will make a statement on the matter. [21951/18]

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.

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 (135)

Bernard Durkan

Ceist:

135. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an application for stamp 4 can be reconsidered in the case of a person (details supplied); and if he will make a statement on the matter. [21952/18]

Amharc ar fhreagra

Freagraí scríofa

As previously indicated in my response to the Deputy's Parliamentary Question No. 198 of 19 April 2018 (ref. 17378/18), I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that they do not offer specific advice to individuals on immigration pathways. In this regard the person concerned should be advised to write to Unit 2, Residence Division, Irish Naturalisation and Immigration Service, 13-14 Burgh Quay, Dublin 2 in order to allow for a full examination of their circumstances.

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.

Residency Permits

Ceisteanna (136)

Bernard Durkan

Ceist:

136. 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. [21953/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the applicant can expect to hear from us shortly in regards to their residency status. It can be also noted that the applicant would have received notification of their appeal on 25 April 2018 and would be aware of the outcome.

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.

Residency Permits

Ceisteanna (137)

Bernard Durkan

Ceist:

137. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status and prospects for the future in the case of a person (details supplied); if the case can be reconsidered in view of their long stay here; and if he will make a statement on the matter. [21954/18]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 11 March 2005. This order requires the person concerned to remove themselves from the State and remain outside the State. The enforcement of the Deportation Order is a matter for the Garda National Immigration Bureau.

Representations were received on behalf of the person concerned requesting that the deportation order be revoked, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended). All relevant aspects of the case will be considered before a decision is made.

The Deputy might wish to note that the decision to ensue from the consideration of this request will be to have the existing deportation order ‘affirmed’ or ‘revoked’. Once such a decision has been made, this decision will be notified in writing. In the meantime, the deportation order remains valid and in place.

The person concerned was required to 'present' at the Offices of the Garda National Immigration Bureau on 7 April 2005, to make arrangements for his deportation from the State. The person concerned failed to 'present' on that occasion and is therefore recorded as a person who is evading deportation.

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 (138)

Bernard Durkan

Ceist:

138. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) can be awarded stamp 4 status in view of the fact that they have worked here for several years; if their case can be urgently reconsidered; and if he will make a statement on the matter. [21955/18]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this case relates to a person who brought a Judicial Review to the High Court. As the case is still sub judice I do not propose to comment further at this 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 INIS is, in the Deputy’s view, inadequate or too long awaited.

Personal Injury Claims

Ceisteanna (139)

Michael McGrath

Ceist:

139. Deputy Michael McGrath asked the Minister for Business, Enterprise and Innovation when the second report from the Personal Injuries Commission will be published; and if she will make a statement on the matter. [21881/18]

Amharc ar fhreagra

Freagraí scríofa

The Personal Injuries Commission (PIC) was established in January 2017 by the then Minister for Jobs, Enterprise and Innovation, with former President of the High Court, Mr Justice Nicholas Kearns appointed as chair.

The PIC produced its first Report which was approved by Government and published on 7 December 2017. The Report recommends that the Quebec Task Force (QTF) Whiplash Associated Disorder (WAD) grading scale should be used going forward by all medical professionals reporting on relevant injuries. These are internationally recognised scales based on severity of symptoms and associated physical signs. A standardised medical reporting template is included in the Report.

The Report recommends that training and accreditation of medical professionals who complete personal injury medical reports should be promoted.

The Report also recommends the linking of future publications of the Book of Quantum to the newly standardised examination and reporting injury categories.

Finally, the Report recommends that relevant injury data should be collated and published by appropriate bodies. The Commission also suggests that there may be merit that data available from insurers relating to the incidence of ‘whiplash’ soft-tissue injuries, forms part of the National Claims Information Database which is being developed by the Central Bank of Ireland.

The next Report of the Personal Injuries Commission will predominately deal with benchmarking of Irish awards with international awards. Independent consultants have been engaged to carry out the data validation/verification of the data received and work with the Personal Injuries Commission on the benchmarking exercise. This Report is expected in June/July 2018 subject to the completion of the validation/verification exercise and will include any recommendations arising from the deliberations of the Commission. The Report will be the Final Report as the second and third reports will be merged.

When the Final Report is submitted to me, I intend to bring it to Government for approval and publication soon after.

Legislative Programme

Ceisteanna (140, 141, 142, 143)

Catherine Murphy

Ceist:

140. Deputy Catherine Murphy asked the Minister for Business, Enterprise and Innovation her plans to transpose the EU’s trade secret directive, EU Directive 2016/943, into law; the timescale for same; if Dáil Éireann will have an opportunity to debate the issue; and if she will make a statement on the matter. [21729/18]

Amharc ar fhreagra

Catherine Murphy

Ceist:

141. Deputy Catherine Murphy asked the Minister for Business, Enterprise and Innovation if her Department has considered the experience of other member states in transposing into law the EU’s trade secret directive, EU Directive 2016/943; and if she will make a statement on the matter. [21731/18]

Amharc ar fhreagra

Catherine Murphy

Ceist:

142. Deputy Catherine Murphy asked the Minister for Business, Enterprise and Innovation the number of submissions her Department has received in relation to the recent public consultation on the transposition of the trade secret directive, EU Directive 2016/943; if the submissions will be published; and if she will make a statement on the matter. [21732/18]

Amharc ar fhreagra

Catherine Murphy

Ceist:

143. Deputy Catherine Murphy asked the Minister for Business, Enterprise and Innovation if her Department’s work on transposing the EU trade secret directive, EU Directive 2016/943, will involve amendments to existing legislation; and if she will make a statement on the matter. [21865/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 140 to 143, inclusive, together.

The Trade Secrets Directive is due to be transposed by all Member States by 9 June 2018 and the drafting of the Statutory Instrument to give effect to the Directive is at an advanced stage. My Department has been working in close consultation with the Office of the Parliamentary Council to ensure that the final result gives full effect to the Directive and this will involve amending existing primary legislation.

My Department issued a consultation document in June of 2017. Three submissions were received. There are no plans to publish those submissions at this time.

As regards other Member States experiences, the draft Directive was discussed at length by all Member States before being finalised. As common and civil law differs across various Member States it is not practicable to compare experiences in transposition, given that some Member States would have more amendments to make to their existing legislation. In line with all other Statutory Instruments, the European Union (Protection of Trade Secrets) Regulations 2018 will be laid, as required, under the European Communities Act, 1972.

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