James Browne
Ceist:425. Deputy James Browne asked the Minister for Justice and Equality the position on legislating for equal shared parenting; and if he will make a statement on the matter. [35549/18]
Amharc ar fhreagraChild Custody and Access
Ceisteanna (425)
Freagraí scríofa
The starting point for consideration of these issues is the best interests of the child. Equal shared parenting may not be in the best interests of the child in every family situation.
There has been extensive reform of family law in recent years to place a greater emphasis on recognising the rights of the child to the society of both his or her parents. The Children and Family Relationships Act 2015 is a child–centred Act which addresses the rights of children to legal security, to the care of their parents and important adults in their lives, and to equality before the law. The reforms in family law provided for in that Act recognise the crucial role of parents and the need for a child to maintain meaningful relationships with both parents.
Married parents of a child are automatically joint guardians and have joint custody of their children. Where married parents separate or divorce, they can decide between themselves on custody arrangements for their children or apply to the courts to decide on the matter. If the father is not married to the mother of the child, he will not automatically become a guardian of the child. The issue of automatic guardianship was considered during the passage of the Children and Family Relationships Bill through the Oireachtas. However, the automatic extension of guardianship to a father who is not involved and is not participating in his child’s life would have consequences for the child and the child’s mother, for example, if he does not consent to the issue of a passport or to the placement of a child for adoption.
There are provisions in place to facilitate non-marital fathers who have an ongoing relationship with their children to become guardians of their children. Section 2(4A) of the Guardianship of Infants Act 1964 (as inserted by section 43(c) of the Children and Family Relationships Act 2015) now provides for joint guardianship by a man who was not married to the mother of the child and was cohabiting with the mother for not less than 12 consecutive months. This 12 month period must include a period, occurring at any time after the birth of the child, of not less than 3 months during which both the mother and father have lived with the child. In addition, a father who is not married to the child's mother and does not satisfy the cohabitation requirements may become a guardian if the parents jointly make a statutory declaration appointing him as a guardian. It is also open to the father at any stage to make an application to court for guardianship of the child under section 6A of the Guardianship of Infants Act 1964.
The Deputy will be aware that Article 42A.4 of the Constitution requires that provision be made by law that in the resolution of all proceedings concerning the guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount consideration. Section 3 of the Guardianship of Infants Act 1964 provides that the best interests of the child shall be the paramount consideration for the court in any proceedings where guardianship, custody or upbringing of, or access to, a child is in question. Section 31 of the 1964 Act sets out a wide range of factors that the court is required to take into account when determining the best interests of the child in such proceedings. These factors include the benefit to the child of having a meaningful relationship with each of his or her parents. The courts shall have regard to all of these factors or circumstances that it regards as being relevant to the child concerned and his or her family and make its decision accordingly.
Section 11 of the Guardianship of Infants Act 1964 provides that either parent of a child, whether or not he or she is also a guardian of the child, may apply to court for a direction regarding the custody of a child or the right of access to the child. Section 11D of the 1964 Act obliges the court in proceedings under section 11 to consider whether the child's best interests would be served by maintaining personal relations and direct contact with each of his or her parents on a regular basis.
Section 25 of the 1964 Act also requires the court, as it thinks appropriate and practicable, to take into account the child's wishes in guardianship, custody and access matters, having regard to the age and understanding of the child.
Section 12A of the 1964 Act (inserted by section 58 of the Children and Family Relationships Act 2015) provides that in making any order under the Act, the court may impose such conditions as it considers to be necessary in the best interests of the child. It is a matter for the courts when making orders under the 1964 Act in relation to matters such as the guardianship, custody or upbringing of, or access to, a child to determine the best interests of the child and to consider whether or not any conditions should be attached to such orders.
The Children and Family Relationships Act 2015 made provision to assist parents who need to return to court because the other parent has breached a court order in relation to custody of, or access to, a child. Section 56 of the 2015 Act inserted a new section 18A into the Guardianship of Infants Act 1964. This provides that where a parent or guardian of a child has been granted custody of or access to the child under the 1964 Act, but he or she has been unreasonably denied such custody or access by another guardian or parent, that person may apply to court for an enforcement order.
Court orders in relation to guardianship, custody and access are of course a matter for the courts, which are, subject to the Constitution and the law, independent in the performance of their functions.
While there are no plans at present for further amendment of the Guardianship of Infants Act 1964, the operation of the law in this area is kept under ongoing review by my Department.
Immigration Status
Ceisteanna (426)
Bernard Durkan
Ceist:426. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if all required documentation in respect of an application for a stamp 4 visa has now been received in the relevant section of his Department in the case of a person (details supplied); if there is further documentation outstanding in this regard; and if he will make a statement on the matter. [35553/18]
Amharc ar fhreagraFreagraí 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.
Naturalisation Applications
Ceisteanna (427)
Bernard Durkan
Ceist:427. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); when the application will be brought to a conclusion; and if he will make a statement on the matter. [35565/18]
Amharc ar fhreagraFreagraí 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 ongoing and I understand that the case is due to be submitted to me for my decision shortly.
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.
Residency Permits
Ceisteanna (428)
Bernard Durkan
Ceist:428. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when an update of a stamp 4 visa can be facilitated in the case of a person (details supplied); and if he will make a statement on the matter. [35571/18]
Amharc ar fhreagraFreagraí scríofa
I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that correspondence issued to the legal representative of the person concerned on 27 July 2018 confirming their right of residence in the State under the European Communities (Free Movement of Persons) Regulations 2015 up to 12 June 2022. I am also informed that INIS advised that the person concernced may now attend their local registration office to have the remainder of their permission to reside in the State endorsed on their passport.
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 (429)
Bernard Durkan
Ceist:429. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a relevant visa or travel document will issue in the case of a person (details supplied); and if he will make a statement on the matter. [35572/18]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned does not have valid permission to be in the State and would not, therefore, be granted a re-entry visa. A person who leaves the State without a re-entry visa must apply again for a new long stay or short stay visa from abroad. There is no guarantee that an application will be successful and, while a visa allows travel to Ireland, it does not guarantee entry to the State.
The person is not eligible for a travel document and should apply to the authorities of his or her country of origin for a passport.
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 (430)
Bernard Durkan
Ceist:430. 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. [35574/18]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State on 2 July 2008. The permission was subsequently renewed and the person concerned is currently registered with the Garda National Immigration Bureau up to 7 November 2018. I am further informed that it is open to the person concerned to contact their local registration office for a further renewal period.
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 (431)
Bernard Durkan
Ceist:431. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for residency pursuant to section 3(6) of the Immigration Act 1999 (as amended) in the case of persons (details supplied); and if he will make a statement on the matter. [35575/18]
Amharc ar fhreagraFreagraí 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.
Residency Permits
Ceisteanna (432)
Bernard Durkan
Ceist:432. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application pursuant to section 49 of the International Protection Act 2015 in the case of a person (details supplied); and if he will make a statement on the matter. [35576/18]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that as the case of the person concerned predated the coming into force of the provisions of the International Protection Act 2015, their case does not fall due for consideration under section 49 of the International Protection Act 2015. Instead, and in light of the fact that the protection claims of the person concerned were determined, and refused, under the provisions of the Refugee Act 1996 and the European Union (Subsidiary Protection) Regulations 2013, the provisions of section 3 of the Immigration Act 1999 (as amended) now apply to the case of the person concerned. Against this background, the person concerned was served with a notification under section 3 of the Immigration Act 1999 (as amended) on 20 July, 2018 and, in response, the person concerned has submitted written representations.
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, before a final decision is made in the case of the person concerned. Once such a decision has been made, this decision will be notified in writing.
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 (433)
Bernard Durkan
Ceist:433. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status of a person (details supplied); and if he will make a statement on the matter. [35577/18]
Amharc ar fhreagraFreagraí scríofa
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was the holder of an immigration permission valid until 21 October 2016. Their permission to remain in the State has now expired.
I am further informed that INIS wrote to the person concerned on 25 October 2016. INIS advised that all applications for permission to remain in the State on the basis of parentage of an Irish citizen child from a Non-EEA parent must be submitted on the Irish citizen child application Form. No such application has been received to date by INIS from the person concerned.
I am also advised that it remains open to the person concerned to submit an Irish citizen child application. Any such applications must be made in writing using the application form available from the INIS website (http://www.inis.gov.ie).
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.
Closed-Circuit Television Systems
Ceisteanna (434)
Brian Stanley
Ceist:434. Deputy Brian Stanley asked the Minister for Justice and Equality the actions being taken to resolve the dispute over whether it is An Garda Síochána or local authorities that control the data from community CCTV schemes in view of the fact that it is preventing a number of community alert groups from drawing down grant aid; and if he will make a statement on the matter. [35586/18]
Amharc ar fhreagraFreagraí scríofa
The Deputy will be aware that CCTV systems installed for the purposes of crime prevention and as aids to policing in areas to which the general public routinely have access, such as town centres, fall into two distinct but complementary categories, namely Garda CCTV systems and community-based CCTV systems. Neither type of CCTV system may be established without authorisation by the Garda Commissioner under section 38 of the Garda Síochána Act 2005, among other requirements.
Community CCTV is governed by section 38 of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI No 289 of 2006). This legal framework requires that any proposed community CCTV scheme must
- be approved by the local Joint Policing Committee,
- have the prior support of the relevant local authority, which must also act as data controller, and
- have the authorisation of the Garda Commissioner.
This is the legal basis for all community CCTV schemes, regardless of whether or not grant funding is sought from my Department to assist in their establishment.
In accordance with this legal framework, I understand that the large majority of local authorities have previously undertaken to act as data controllers in the context of specific community CCTV schemes, in the course of the previous grant-aid scheme operated by Pobal on behalf of the Department. Nonetheless, my Department is engaging with the Local Government Management Agency and the County and City Management Association to clarify any queries arising.
Concerning the available grant aid, the Deputy will be aware that the Programme for a Partnership Government commits to supporting investment in CCTV systems. In pursuance of this commitment, a new grant-aid scheme was launched by my Department in 2017 to assist groups in the establishment of community-based CCTV systems in their local areas. It is intended that the scheme will run for 3 years with funding of some €1 million being made available each year.
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 total of €40,000.
The Department receives a regular flow of enquiries regarding the scheme from a broad spectrum of the public. There have to date been 27 applications to the scheme. 5 applications have been approved to date. 19 applications are being considered. The remaining 3 applications have been returned to the applicants concerned to enable them to supply the information necessary to qualify for grant aid.
I am keen to ensure that all interested groups, in both rural and urban areas, take advantage of the availability of this grant aid scheme. If the Deputy is aware of community groups wishing to avail of the scheme, I would point out that full details of the grant aid package are available to download from my Department's website - www.justice.ie - and support and guidance is available to help interested groups to apply for this funding through a dedicated email address, communitycctv@justice.ie.
Immigration Status
Ceisteanna (435)
Bernard Durkan
Ceist:435. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when stamp 4 status will issue in the case of a person (details supplied); and if he will make a statement on the matter. [35587/18]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a deportation order made on 11 March 2005.
The person was deported from the State on 04 June 2006; however, according to information received from her legal representatives, she returned to this State the year after she was deported.
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). This request will be considered as soon as possible.
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.
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.
Family Reunification
Ceisteanna (436)
Bernard Durkan
Ceist:436. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the correct procedure to be followed in order to facilitate the mother and sister of a person (details supplied) to stay with them here on a long-term basis; and if he will make a statement on the matter. [35589/18]
Amharc ar fhreagraFreagraí scríofa
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. The onus rests at all times with the applicant to satisfy the Visa Officer that the visa sought should be granted.
Guidelines on how to apply for particular types of visas are available on the INIS website at www.inis.gov.ie. In addition, detailed 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 which is also available on the INIS website.
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 (437)
Bernard Durkan
Ceist:437. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [35591/18]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State on 3 December 2007. The permission was subsequently renewed and the person concerned is currently registered with the Garda National Immigration Bureau up to 5 December 2018. I am further informed that it is open to the person concerned to contact their local registration office for a further renewal period.
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 (438)
Bernard Durkan
Ceist:438. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed by a person (details supplied) whose stamp 4 visa expires on 25 October 2018 and who wishes to have it extended; and if he will make a statement on the matter. [35594/18]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned had their permission to remain in the State renewed for a further three-year period, to 25 October 2018. This decision was conveyed in writing to the person concerned by letter dated 7 October 2015.
The renewal decision letter referred to advised the person concerned of the requirement that they apply for further renewal of their permission to remain, two weeks before their existing permission expired, to their Local District Headquarters.
Responsibility for the registration process referred to is vested in the Garda National Immigration Bureau.
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.
Deportation Orders Re-examination
Ceisteanna (439)
Bernard Durkan
Ceist:439. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 289 of 12 July 2018, if the relevant section has processed a letter of application regarding the circumstances of the husband of a person (details supplied); and if he will make a statement on the matter. [35595/18]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the spouse of the person referred to is the subject of a valid Deportation Order made on 20 June 2002.
Representations were received, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended), requesting that the Deportation Order be revoked. Following detailed consideration of the information submitted in support of the request, including all representations made around family reunification, the Deportation Order was affirmed on 9 November 2017.
Having checked records in INIS, there are no outstanding applications in respect of the person concerned.
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.
Deportation Orders Re-examination
Ceisteanna (440)
Bernard Durkan
Ceist:440. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a review of the case of a person (details supplied) will be undertaken; the address to which notice regarding same was sent; and if he will make a statement on the matter. [35599/18]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 11 March 2005 and therefore has no entitlement to residency in the State.
As previously advised, representations were received on behalf of the person concerned pursuant to Section 3(11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. Following the consideration of those representations, a decision was taken in July 2018 that the Deportation Order should be affirmed and this decision was communicated to the person concerned by registered post dated 16 July 2018.
The person concerned is required to present at the Offices of the Garda National Immigration Bureau on 4 October 2018 to make arrangements for his deportation from the State.
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 email service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.
Immigration Status
Ceisteanna (441)
Bernard Durkan
Ceist:441. 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. [35600/18]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a deportation order made on 17 May 2012.
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). This request will be considered as soon as possible.
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.
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.
Prisoner Data
Ceisteanna (442)
Clare Daly
Ceist:442. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 809 of 24 July 2018, the figures for the total for each prison and place of detention on the day of the Census of Restricted Regime Prisoners in January 2018 and on the day of the Census of Restricted Regime Prisoners in April 2018, in tabular form. [35630/18]
Amharc ar fhreagraFreagraí scríofa
I am advised by my officials in the Irish Prison Service that there are no prisoners on protection who are not on a form of restricted regime with the exception of one prisoner on Portlaoise Campus.
A prisoner may, either at his/her own request or when the Governor considers it necessary, in so far as is practicable and subject to the maintenance and good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause significant harm to him/her. This is provided for under Rule 63 of the Prison Rules 2007.
In addition, the Governor may decide, for the maintenance of good order in the prison, to remove a prisoner from general association or structured activity to reduce the negative effect that a prisoner or prisoners may have on the general population. This is provided for under Rule 62 of the Prison Rules 2007. There may also be a smaller number of prisoners who would be restricted for medical (Rule 64) or discipline reasons (Rule 67).
The Census undertaken by the Irish Prison Service on a quarterly basis provides figures in respect of all of these categories of restricted regime prisoners.
Prison Staff
Ceisteanna (443)
Clare Daly
Ceist:443. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 297 of 10 July 2018, if he will correct the inaccuracy contained in the reply thereto (details supplied). [35650/18]
Amharc ar fhreagraFreagraí scríofa
In my response of 10 July 2018 I stated, inter alia, that all Governors are assigned by the Director with responsibility for Human Resources of the Irish Prison Service in consultation with the Director General and that both operate on behalf of the Minister for Justice and Equality. This is an accurate statement. It is an incorrect interpretation of the 'Carltona' principle, as appears to be set out in the details supplied with this question, that persons are individually nominated by the Minister to the Director General of the Irish Prison Service for assignment as Governors to particular prisons.
Prisoner Data
Ceisteanna (444, 445, 446)
Clare Daly
Ceist:444. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 673 of 24 July 2018, the reason the figures for prisoners sleeping on the floor in Cloverhill Prison between April and June 2018 provided in the reply were substantially different and substantially higher than the figures originally provided in response to Parliamentary Question No. 287 of 10 July 2018. [35651/18]
Amharc ar fhreagraClare Daly
Ceist:445. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 673 of 24 July 2018, if seven prisoners slept on the floor of Cloverhill Prison on the night of 17 July 2018 and not zero prisoners, as stated in the response to the question. [35652/18]
Amharc ar fhreagraClare Daly
Ceist:446. Deputy Clare Daly asked the Minister for Justice and Equality his views on the fact that the figures for prisoners sleeping on the floor in Cloverhill Prison between April and June 2018 provided in reply to Parliamentary Question No. 673 of 24 July 2018 were substantially different and substantially higher than the figures originally provided in response to Parliamentary Question No. 287 of 10 July 2018; and if he will investigate whether the first response was sent in error or with the intention to mislead. [35653/18]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 444 to 446, inclusive, together.
In relation to Parliamentary Question No. 444, reference No. 35651/18, the matter has been looked into and I am advised that the word 'average' was omitted from the response to Parliamentary Question No. 287 of 10 July 2018; therefore, the figures were presented as actual as opposed to average. I sincerely regret any confusion this may have caused and the Dáil record will be amended accordingly.
The table provided in response to Parliamentary Question No. 673 of 24 July 2018 provided the nightly figures for prisoners on the floor for each of the nights in the months of April, May and June. These figures diverge from the response to Parliamentary Question No. 287 as these figures were actual as opposed to average.
In relation to Parliamentary Question No. 445, reference No. 35652/18, I can also advise the Deputy that in my response to Parliamentary Question No. 673 of 24th July 2018 it was stated that on the 17th July there were 396 prisoners in custody in Cloverhill Prison with a bed capacity of 431, equating to an occupancy rate of 92%. However, it was incorrectly assumed and stated that there were no prisoners sleeping on mattresses on the floor. I am advised by the Irish Prison Service that Cloverhill Prison Management have confirmed there were 2 prisoners sleeping on mattresses on the floor on that date.