Written Answers Nos. 221-241
221. Deputy Mattie McGrath asked the Minister for Education and Skills if personnel in his Department have been removed from their position, have been transferred to another role or had their employment terminated in the past four years due to breaches of departmental standards or professional misconduct or incompetence; and if he will make a statement on the matter. [27949/18]
Amharc ar fhreagraOfficials at my Department are recruited by way of competitive competitions conducted by the Public Appointment Service (PAS).
On appointment at the Department officials are presented with a copy of the Civil Service Code of Standards and Behaviour which outlines the standards required of Civil Servants in the discharge of their duties. For ease of reference for the Deputy I have attached a link to a copy of the Code.
In the past four years no staff members at my Department have been transferred or dismissed for professional misconduct or incompetence.
222. Deputy Catherine Martin asked the Minister for Education and Skills the status of the commencement of building for a school (details supplied) when he expects planning permission to be applied for and the school to open; and if he will make a statement on the matter. [27964/18]
Amharc ar fhreagraThe school building project for the school referred to by the Deputy will provide a 16-classroom school on the site. The original brief for the school was for 8 classrooms but was increased due to greater enrolments. The need to replace the Design Team arose from a fees uplift request for each member of the design team which greatly exceeded the 50% upper limit increase allowed under the EU Procurement Directive.
The appointment of a Replacement Design Team (all disciplines - Replacement Architect, Mechanical and Electrical Engineer, Civil and Structural Engineer and Quantity Surveyor) is completed.
The new Design Team was instructed to commence Stage 2A – Developed Sketch Scheme in March 2018 and is working on the submission for review by the Department’s professional and technical team. An updated topographical survey is required mapping the changes due to recent LUAS works adjoining the site.
Provided no issues arise and following approval of the Stage 2A submission by the Department, the Design Team can then be instructed to progress to Stage 2B – Detailed Design Stage, which includes the applications for Planning Permission, Fire Certificate, Disability Access Certificate and the preparation of Tender Documents.
The Department is committed to advancing the building project for the permanent school building as quickly as possible.
223. Deputy Catherine Martin asked the Minister for Education and Skills the progress on each action outlined in the National Traveller and Roma Inclusion Strategy 2017-2021 that fall under his Department’s remit; and if he will make a statement on the matter. [27976/18]
Amharc ar fhreagraMy colleague the Minister for Justice and Equality published the National Traveller Roma Inclusion Strategy in June of last year. My department participated in the development of the strategy and is a member of the Steering Group which was established to oversee the implementation of the new strategy. Membership of the Steering Group includes all relevant Government Departments, Agencies and NGOs.
The strategy takes a whole of Government approach to improving the lives of Travellers and Roma in Ireland in practical and tangible ways. There are 149 actions in the strategy covering the themes of Cultural Identity, Education, Employment and Traveller Economy, Children and Youth, Health, Gender Equality, Anti-discrimination and Equality, Public Services, Accommodation and Traveller and Roma Communities. My department and agencies attached to my department have input into 31 of the 149 actions, six of which are completed and the remaining twenty five are on track.
In accordance with Government policy, provision for Travellers has been mainstreamed with previously segregated provision now funded as part of the mainstream system. Access to and participation in all education sectors are seen as major barriers for Travellers and Roma. To improve these and to retain Travellers and Roma in the education system a pilot project is being developed by Tusla, the State body with a statutory remit in relation to school attendance, participation and retention. The pilot initiative will target the participation and retention of Traveller and Roma children in education. My department is working in collaboration with Tusla, the Department of Children and Youth Affairs, the Department of Justice and Equality along with Traveller and Roma representative groups to improve the educational outcomes for this cohort.
224. Deputy Éamon Ó Cuív asked the Minister for Education and Skills if an application by a school (details supplied) for a new build replacement school has been received; the status of the application; when it is expected that approval for construction will issue; and if he will make a statement on the matter. [28014/18]
Amharc ar fhreagraThe Deputy will be aware that a building project for the school in question is included in my Department's 6 Year Construction Programme.
The project is currently at project identification stage. My Department intends to contact the school to discuss the next steps shortly. These steps will include the completion of an Educational Work Sheet, by the school, the assignation of an appropriate Long Term Projected Enrolment and the preparation of an associated overall Schedule of Accommodation. Thereafter a technical site visit will be scheduled.
225. Deputy Éamon Ó Cuív asked the Minister for Education and Skills if the pilot speech and language units to be set up in schools by his Department in conjunction with the HSE will provide such a unit in the Connemara Gaeltacht for children that come from the Gaeltacht area and operate through the Irish language; and if he will make a statement on the matter. [28015/18]
Amharc ar fhreagraI recently announced that a demonstration project to provide in-school and pre-school therapy services will be introduced for the 2018/19 school year.
The project will be managed and co-ordinated by the National Council for Special Education.
The model has been developed by the Departments of Education, Children and Youth Affairs, Health, and the Health Service Executive, and is part of the Government’s overall aim to help every child to fulfil their full potential.
The purpose of the project is to test a model of tailored therapeutic supports that allows for early intervention in terms of providing speech and language and occupational therapy within ‘educational settings’. This innovative pilot will complement existing HSE funded provision of essential therapy services.
The project is taking place in Community Healthcare Organisation (CHO) 7 Region of South West Dublin, Kildare and West Wicklow.
This region has been selected to ensure that the pre-school and in-school therapy model can be tested in both urban and rural locations and with a suitable mix of various types of schools and pre-schools.
The schools selected will therefore be from this region, which means that, unfortunately, schools from the Connemara Gaeltacht region cannot be included.
I can advise, however, that a number of schools from the CHO 7 region which teach through the medium of Irish will be included.
76 schools, including a representative sample of primary, post primary, and special schools will take part in the project.
This will include:
- Schools with significant levels of educational disadvantage.
- A mixture of urban, large, and small schools.
- Schools with high levels of support needs as identified under the new special education teaching allocation model.
- Mainstream schools which have special classes
- Special schools with significant levels of therapy support needs.
- Schools of various types including Irish medium schools.
Of the 76 schools which will participate, 3 of these schools are Irish medium schools, and 1 school teaches through the mediums of both English and Irish.
Pre-school settings associated with primary schools participating in the project are being included in order to provide for therapy interventions to be made at the earliest possible time and to create linkages between pre-school and primary school provision.
The project aims to develop a more cohesive, collaborative approach to delivering supports to children by allowing therapists and educational professionals to work together in schools.
226. Deputy Donnchadh Ó Laoghaire asked the Minister for Education and Skills the location identified for a school (details supplied); if he has consulted with local schools to date in this regard; and the status of the development. [28074/18]
Amharc ar fhreagraMy Department recently announced plans for the establishment of 42 new schools over the next four years (2019 to 2022), including a new 8 classroom primary school to be established in 2019 for the area referred to by the Deputy. This announcement follows nationwide demographic exercises carried out by my Department into the future need for primary and post-primary schools across the country and the 4-year horizon will enable increased lead-in times for planning and delivery of the necessary infrastructure.
In addition to the new schools announced, there will be a need for further school accommodation in other areas in the future. Based on the current analysis, this need can be addressed through either planned capacity increases in existing schools or additional accommodation or extensions to existing schools. Approximately 40% of extra school places are delivered by extending existing schools. The requirement for new schools will be kept under on-going review and in particular will have regard for the increased rollout of housing provision as outlined in Project Ireland 2040.
The existing capacity in local primary schools in the area to which the Deputy refers is currently being explored on the basis of issues raised by local school principals. My Department will arrange to consult with the local principals in this regard.
227. Deputy Donnchadh Ó Laoghaire asked the Minister for Education and Skills when the expected patron for a proposed primary school (details supplied) will be announced; the date he expects the school will open; and if his Department has begun the process of identifying a permanent location for the school. [28075/18]
Amharc ar fhreagraAs the Deputy will be aware, the Government recently announced plans for the establishment of 42 new schools over the next four years (2019 to 2022), including a new 8 classroom primary school to be established in 2019 for the area referred to by the Deputy.
A patronage process is run after it has been decided, based on demographic analysis, that a new school is required. This patronage process is open to all patron bodies and prospective patrons. Parental preferences for each patron, from parents of children who reside in the school planning areas concerned, together with the extent of diversity currently available in these areas, are key to decisions in relation to the outcome of this process.
The patronage process for new schools is overseen by an external independent advisory group, the New Schools Establishment Group (NSEG). Following their consideration of my Department’s assessment reports, the NSEG submits a report with recommendations to me for consideration and final decision. The assessment reports and the NSEG recommendations for all such patronage processes are made available on my Department's website.
An Online Patronage Process System (OPPS) has been developed by my Department to provide objective information to all parents which will allow them to make an informed choice about their preferred model of patronage for their child’s education. Parental preferences were previously collected based on direct engagement with patron bodies. The Online Patronage Process System (OPPS) is currently live for the post-primary schools to be established in 2019. The Patronage Process for the primary schools to be established in 2019 will commence later this year.
The locations for all of the new schools will be determined as part of the site acquisition process. In line with the policy on the use of state assets (Department of Public Expenditure and Reform Circulars 11/15 and 17/16), my Department will be seeking to maximize the use of sites already in my ownership and of available properties in the ownership of other State bodies, where these are considered suitable.
In addition as part of my Department's ongoing engagement with Local Authorities in respect of statutory planning processes and under the MoU on school site acquisitions, my Department will be examining all potential suitable site options, including appropriately zoned sites, to serve the relevant areas.
Taking into account all of the above, decisions will then be made as part of the site acquisition process in relation to appropriate sites for all the schools announced and will be confirmed at a later date.
228. Deputy Michael Fitzmaurice asked the Minister for Justice and Equality when a decision will be made regarding an application for naturalisation by a person (details supplied); and if he will make a statement on the matter. [27372/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation from the person referred to by the Deputy was refused for reasons provided to the person concerned in a letter issued on 26 February 2018 advising of the decision. There is no record of a new application for a certificate of naturalisation having been submitted to date. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
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.
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 I know the Deputy will appreciate that 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.
229. Deputy Jackie Cahill asked the Minister for Justice and Equality the procedure for a person (details supplied) to live here with their family; and if he will make a statement on the matter. [27483/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that Syrian nationals are required to obtain a visa in order to travel to Ireland. The person concerned should apply for a Join Family visa if the purpose of their journey is to reside in Ireland with their Irish citizen spouse and child.
The INIS website (www.inis.gov.ie) contains comprehensive guidelines to assist the applicant with the application process. It should, however, be noted that the information contained on the website is intended to provide guidance only and does not limit the discretion of the Visa Officer in dealing with individual applications. The onus rests at all times with the applicant to satisfy the Visa Officer that any visa sought should be granted.
Join Family applications, where the sponsor is an Irish national, will typically be dealt with within 6 months of receipt of all the required documentation, as set out in the Policy Document on Non-EEA Family Reunification. This is a business target which reflects the detailed assessment that is required to be carried out in relation to applications for family reunification. It does not constitute a legal obligation and applications may take longer due to the individual circumstances or complexity of the application.
Queries in relation to the status of individual immigration cases may be made directly to 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. In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).
230. Deputy Thomas Byrne asked the Minister for Justice and Equality the criteria required and the process of application for a stamp 4 immigration permission. [27504/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that Stamp 4 indicates permission to stay in Ireland for a specified period, subject to conditions. Full details of the criteria and application process are available on the INIS website - www.inis.gov.ie.
Stamp 4 is reckonable as residence when applying for citizenship by naturalisation. Holders of a Stamp 4 permission may:
- Take up employment and are not required to hold an Employment Permit (although they cannot be employed in the general labour market if they were granted permission under the Investor or Entrepreneur Programmes);
- Work in a profession, subject to conditions of the relevant professional or other bodies;
- Establish and operate a business;
- Access state funds and services as determined by Government departments or agencies.
If an individual wishes to stay in Ireland past the expiry date of their immigration permission, they must apply to renew their permission and registration before they expire.
There are a range of circumstances when a Stamp 4 may issue and the process will differ depending on the type of case. They may be given a Stamp 4 if they have had permission to work in Ireland:
- with a valid Critical Skills employment permit for two years
- with a valid employment permit for five years
- as a researcher (with a valid Hosting Agreement) after two years legal residence in the State on Stamp 1.
They may also be given Stamp 4 if granted permission:
- to join an Irish spouse, partner or de facto partner
- to join an EU/EEA or Swiss family member based on EU Treaty Rights
- to join a family member who has immigration permission based on Stamp 4EUFAM (EU Treaty Rights)
- to join a family member who is a recognised refugee or has been granted subsidiary protection
- to remain with a child who is an Irish citizen
- under the Investor and Entrepreneur Programme (including spouse/partner and family)
- for Long Term Residence
- as a convention or programme refugee, or based on subsidiary protection.
231. Deputy Clare Daly asked the Minister for Justice and Equality his views on the humaneness or otherwise of the system of direct provision here in which vulnerable refugees are kept for years in cramped and inadequate accommodation, deprived of cooking facilities and provided €21.60 per week to live on in view of his condemnation of the US policy of separating children from their parents at the US border and condemnation of inhumane policies towards vulnerable refugees. [27551/18]
Amharc ar fhreagra245. Deputy Clare Daly asked the Minister for Justice and Equality his plans to replace the system of direct provision with a humane system for persons seeking asylum here (details supplied). [27571/18]
Amharc ar fhreagraI propose to take Questions Nos. 231 and 245 together.
As the Deputy may be aware, the Direct Provision system encompasses the range of State services including accommodation, food, health and education directly provided to international protection applicants through all the relevant Government Departments and Agencies. It is a whole-of-government support system for those seeking international protection in Ireland, although the term is more often used to describe the Accommodation Centres provided by the Reception and Integration Agency of my Department. Notwithstanding the criticisms levelled at the system, particularly in terms of length of stay, it has proven effective in ensuring that those who come to our country seeking international protection receive food and shelter and have immediate access to our state services. Over 60,000 people have been provided with shelter since its inception.
It is not possible to predict how many people may arrive in any given year seeking international protection. However, the system ensures that all applicants can be offered immediate shelter, full board accommodation and a range of services, such as health and education while their applications are being processed. Not every person who seeks international protection chooses to accept this offer, and some choose to live independently or with friends in communities across the country, as they are entirely free to do.
If the system was simply disbanded, as some have been calling for, without a viable alternative, the risks of consigning vulnerable people, who know neither our country, its systems nor our language, to poverty, exploitation and homelessness are multiplied. The Government cannot countenance that. I have not heard a viable alternative put forward as to how a person, who has unestablished needs and turns up here unexpectedly, can be immediately provided with shelter and an acceptable level of care.
In the absence of an alternative, any commitment to abolish a system that offers instant shelter and support would pose a serious risk to the wellbeing of protection applicants and undermine our international obligations.
As the Deputy will be aware, the system has already been subject to a complete review in 2014. Mr. Justice Bryan McMahon chaired a Working Group comprised of advocates and officials and made 173 recommendations for reform of the protection process including direct provision. The report was accepted by Government and three separate itemised progress reports on these recommendations were published on my Department’s website, resulting in change being achieved across 98% of the recommendations.
The improvements to living conditions for applicants for international protection have been significant over recent years. These include the implementation of self or communal catering arrangements in a number of accommodation centres. As a result of this initiative, over 1,500 residents are now able to prepare meals of their own choosing. In addition, there have been improvements to a number of outdoor playgrounds and football pitches to provide for ‘all-weather’ facilities and the introduction of teenagers rooms in centres to provide social areas for this age group. Friends of the Centre groups have also been established in each centre. This initiative aims to bring residents, community and voluntary groups together with a view to increasing integration opportunities and providing for the development of greater community linkages with the residents and the centre.
Following on from the McMahon Report, a Standards Advisory Group was set up in 2017. The work of this group is to build on the recommendations of McMahon and to develop a set of standards for accommodation provided for those people seeking the protection of the State. The Standards will meet the minimum standards set out in the Recast Reception Conditions Directive and EASO Guidance on Reception Conditions: Operational Standards and Indicators and will also take account of national developments in the provision of services to those in the protection process. They will take due cognisance of the responsibility to promote equality, prevent discrimination and protect the human rights of employees, customers, service users and everyone affected by policies and plans as defined by the Public Sector Equality and Human Rights Duty. The group is comprised of members from a range of organisations supporting refugees as well as staff from a number of government Departments and will deliver a Working Document in September 2018, following widespread consultation.
Of course, individual problems and issues can and do arise when any individual interacts with a service provided by the state but, in such circumstances, where complaints are made and applicants are not happy with how matters are resolved, international protection applicants now have full access to the services of the Ombudsman and Ombudsman for Children.
Following on from the improvements made arising from the recommendations in the McMahon Report, the Government has looked to further consolidate those improvements and build upon them. In particular, the decision to opt into the (recast) Reception Conditions Directive represents another major reform of the process. I am satisfied to report that the opt-in process has proceeded quickly and, on Tuesday 22 May 2018, the decision of the EU Commission confirming Ireland’s opt in to the EU (Recast) Reception Directive was adopted. The decision was published in the Official Journal the following day. The opt-in process is continuing and will be concluded shortly. This will allow the European Commission to conduct its assessment of the management and conditions pertaining to our Direct Provision system and present their findings in the future.
I can assure the Deputy that the Government is committed to the on-going reform in relation to Direct Provision or any other aspect of our asylum system that may be required in order that we have a system in Ireland that reaches or exceeds the standards required by the Reception Conditions Directive and that will compare favourably with the best systems of our EU partners.
232. Deputy Billy Kelleher asked the Minister for Justice and Equality if a deportation order for a person (details supplied) will be rescinded to allow them remain here; and if he will make a statement on the matter. [27374/18]
Amharc ar fhreagraI 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 23 April 2009.
The statutory criteria which must be considered in relation to a decision to make a deportation order under Section 3(6) of the Immigration Act 1999 include national security and public policy, the character and conduct of the person concerned and the common good. In determining whether to make a deportation order, in addition to the factors set out in Section 3(6) of the Immigration Act 1999, I must also consider all relevant constitutional and international human rights arising including those enshrined in the Refugee Convention, the UN Convention Against Torture and the European Charter of Human Rights. The question of not returning a person to a place where certain fundamental rights would be breached (or non refoulement as it is referred to) is fully considered in every case when deciding whether or not to make a deportation order. This involves consideration of whether returning the person would result in the life or freedom of that person being threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion, or whether the person would be subjected to torture or to inhuman or degrading treatment or punishment.
I have met the family involved and am aware of the circumstances of the case. As I have already stated in the Dáil, when the court proceedings conclude I will use my powers as Minister to consider this case fully, including from a humanitarian point of view.
233. Deputy John Curran asked the Minister for Justice and Equality the reason a claim by a person (details supplied) lodged with the Criminal Injuries Compensation Tribunal in 2012 has not been resolved; and when the case will be resolved. [27390/18]
Amharc ar fhreagraThe Criminal Injuries Compensation Tribunal administers the Scheme of Compensation for Personal Injuries Criminally Inflicted. Under the terms of the Scheme, the Tribunal is entirely independent in the matter of individual decisions on applications for compensation under the Scheme. The Deputy will appreciate that in these circumstances I cannot comment on individual cases.
If the applicant contacts the Tribunal directly with further details, they will be able to provide an update.
234. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the correct procedure to be followed to update residency status in the case of a person (details supplied); and if he will make a statement on the matter. [27405/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that registration and renewal of immigration permissions for Dublin City and County is carried out at its Burgh Quay Offices. To ensure customers do not have to queue for services, an online appointment booking system has been put in place.
Appointments are released Monday – Friday at 10am for dates 7 weeks in the future. A small number of near-term appointments are also released each afternoon at 2:30pm. INIS advises applicants to book an appointment up to ten weeks before their permission expires. Applicants who have not secured an appointment before the expiry of their permission should check the website at 2:30pm daily to secure an early appointment.
It is recognised that genuine emergency situations can arise and in that regard INIS has in place procedures to deal with these on a case-by-case basis. Enquiries in this regard should be addressed to burghquayregoffice@justice.ie.
Queries in relation to the status of individual immigration cases may be made directly to the INIS 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.
235. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the protocol in regard to prisoners on suicide watch; the frequency with which they are checked; and the possessions they are permitted to keep in their cell and so on. [27410/18]
Amharc ar fhreagraI am advised by my officials in the Irish Prison Service that strategies and plans are in place in all institutions for the prevention of suicide and self-harm. Special arrangements are in place for prisoners who have been identified as being at risk, whereby they are placed on special observation and checked every 15 minutes.
All prisoners on committal to prison receive a comprehensive health assessment which includes a risk assessment for mental health issues. Management interventions are in place to ensure the prisoner’s safety, including recommendations on accommodation within the prison, observation levels to be conducted on the prisoner, and any other specific measures that may be appropriate. In such cases, further assessments may be undertaken by the National Forensic Mental Health Service, and through a multi-agency approach to managing the prisoner’s needs. Where appropriate, prisoners are kept under review by both the local healthcare team and the in-reach mental health specialists, and are reviewed at a weekly multi-agency meeting. Prison Officers also receive training in mental health awareness.
There are multi-disciplinary Suicide and Harm Prevention Groups in each prison that review, report and make recommendations on instances of self-harm and death in the prisoner population. These local groups meet on a quarterly basis or as needs dictate.
At national level, a Steering Group on Suicide and Harm Prevention in the Prisoner Population, chaired by the Director General, meets four times a year. The terms of reference of the Group include the promotion of best practice in preventing and, where necessary, responding to self-harm and death in the prisoner population.
The Samaritans’ Prison Listener Scheme is also available to prisoners. This scheme involves the training of selected prisoners to offer emotional support to other prisoners. The Samaritans’ volunteers regularly deliver training to support prison listeners and to liaise with prison officers on the management and support of the programme. Counselling is also available to prisoners and staff who are affected by suicide.
I can advise the Deputy that a prison Governor may require a prisoner’s clothing, including underwear, to be removed before the prisoner is accommodated in a Safety Observation Cell where the Governor considers that items or parts on the prisoner’s clothing may be used by the prisoner to harm themselves, or others, or to cause significant damage to property. No prisoner is left without suitable clothing. Prisoners who, for the prevention in so far as possible of incidents of self harm, have had their clothing removed are provided with appropriate clothing in the interests of his or her safety and dignity.
236. Deputy Sean Fleming asked the Minister for Justice and Equality the reason a person (details supplied) was removed from the payroll; and if he will make a statement on the matter. [27411/18]
Amharc ar fhreagraI wish to inform the Deputy that officials in the Prison Service have advised me that the Officer concerned was absent from rostered duty on the 25th, 26th and 27th of May 2018. I am further advised that this was an unauthorised absence and as such the Officer was not entitled to be paid pursuant to the provisions of the Civil Service Regulations Acts and was removed from payroll for that period. Following the Officer’s return to work, he was restored to the payroll.
237. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the status of an application by a person (details supplied) for a stamp 4 visa; and when a decision will issue on the case. [27462/18]
Amharc ar fhreagraThe Deputy will appreciate that his question primarily concerns the issue of eligible and ineligible categories of employment for employment permit purposes, which is a policy matter for the Department of Business, Enterprise and Innovation. My Department has no function in the matter.
However, I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person's application for permission to remain in the State has been considered and that the person concerned has been notified of the decision.
The original application was received from the person concerned on 2 November 2017 and a decision letter issued on 17 January 2018.
On 22 March 2018 a review of the original application was requested as an exceptional measure. A decision letter in response to this exceptional request for a review of the original application was issued on 28 May 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.
238. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if his attention has been drawn to the recent decision with regard to an application (details supplied); if an exception can be made to allow the applicant to continue working in their job with a change of status to a stamp 4; and if he will make a statement on the matter. [27482/18]
Amharc ar fhreagraThe Deputy will appreciate that his question primarily concerns the issue of eligible and ineligible categories of employment for employment permit purposes, which is a policy matter for the Department of Business, Enterprise and Innovation. My Department has no function in the matter.
However, I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person's application for permission to remain in the State has been considered and that the person concerned has been notified of the decision.
The original application was received from the person concerned on 2 November 2017 and a decision letter issued on 17 January 2018.
On 22 March 2018 a review of the original application was requested as an exceptional measure. A decision letter in response to this exceptional request for a review of the original application was issued on 28 May 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.
239. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality when all parts of the Children and Family Relationships Act 2015 will be commenced; and if he will make a statement on the matter. [27487/18]
Amharc ar fhreagra240. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality when section 95 of the Children and Family Relationships Act 2015 will be implemented; and if he will make a statement on the matter. [27488/18]
Amharc ar fhreagra241. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the position regarding the sections of the Children and Family Relationships Act 2015 which have not yet been commenced; the reason for the delay; and if he will make a statement on the matter. [27490/18]
Amharc ar fhreagraI propose to take Questions Nos. 239 to 241, inclusive, together.
The Children and Family Relationships Act 2015 (Commencement of Certain Provisions Order) 2016 (S.I. No. 12 of 2016) commenced the bulk of the Act with effect from 18 January 2016. That Commencement Order brought provisions of Parts 1, 4, 5, 6, 7, 8, 12 and 13 of the Act into operation. The Children and Family Relationships Act 2015 (Commencement) Order 2017 (S.I. No. 355 of 2017) commenced part of section 47(c) of the Act with effect from 31 July 2017 and the Children and Family Relationships Act 2015 (Commencement) (No. 2) Order 2017 (S.I. No. 474 of 2017) commenced provisions of the Act relating to adoption by civil partners and cohabiting couples with effect from 2 November 2017.
Part 10 of the Act, which amended the Passports Act 2008, was commenced by the Minister for Foreign Affairs and Trade on 1 July 2015.
Part 11 of the Act, which related to adoption, was not commenced and was repealed by section 2(2) of the Adoption (Amendment) Act 2017, which came into operation on 19 October 2017, as provided for by the Adoption (Amendment) Act 2017 (Commencement) Order 2017 (S.I. No. 443 of 2017). The provisions in Part 11 have been incorporated into the Adoption (Amendment) Act 2017, for which the Minister for Children and Youth Affairs is responsible.
Section 177 of the Act has not yet been commenced. Following adoption of the 34th amendment to the Constitution and its subsequent legislative changes, my Department identified a lacuna in the Adoptive Leave Act 1995 that prevents male same-sex married couples from availing of adoptive leave and benefits. To address this lacuna, my Department has prepared draft legislative proposals that will amend the Adoptive Leave Act and will afford the same entitlements to adoptive leave and benefits to all couples who are married, co-habiting or who are in a civil partnership, irrespective of gender.
Parts 2 and 3 of the Children and Family Relationships Act 2015 provide for parentage through donor-assisted human reproduction (DAHR). The issue of the recognition of parentage for same-sex couples and their children is dealt with under Part 2 of the Act. The Minister for Health has responsibility for commencement of Parts 2 and 3 of the Act.
Other provisions of the Act which relate to DAHR have not yet been commenced as they are linked to Parts 2 and 3. The commencement of the provisions of the Act which are related to Parts 2 and 3 will be co-ordinated with the commencement of those Parts by the Minister for Health.
In this regard, the Deputy will be aware that the General Scheme of the Assisted Human Reproduction Bill is undergoing pre-legislative scrutiny by the Joint Oireachtas Committee on Health. That Bill will provide for the establishment of an Assisted Human Reproduction Regulatory Authority which will, among other things, undertake certain functions under Parts 2 and 3 of the Children and Family Relationships Act 2015.
Part 9 of the Act provides for a number of amendments to the Civil Registration Act 2004. Section 95 deals with the re-registration of the birth of a donor-conceived child on foot of a court order. No provision of Part 9 has yet been commenced. Some sections cannot be commenced until Parts 2 and 3 are brought into operation by the Minister for Health. Other sections are dependent on provisions of the Civil Registration (Amendment) Act 2014 being commenced by the Minister for Employment Affairs and Social Protection and my Department is liaising with the Department of Employment Affairs and Social Protection in relation to scheduling the commencement of these sections.
