Written Answers Nos. 143-162
143. Deputy John Lahart asked the Minister for Justice and Equality the model of the car or cars used by him and the Tánaiste and Minister for Foreign Affairs and Trade in the performance of their official duties; and if it is a diesel, petrol or electric engine. [28716/19]
Amharc ar fhreagraThe resources provided by Government to An Garda Síochána have reached unprecedented levels, with an allocation for 2019 of €1.76 billion. Very significant capital investment is also being made in An Garda Síochána, including a total of €46 million for investment in the Garda fleet between 2016 and 2021. This continuing investment is intended to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.
The Deputy may further wish to be aware that a total of €10 million has been made available for the purchase and fit-out of Garda vehicles in 2019. I understand from the Garda authorities that this allocation will be used for purchase and fit-out of over 300 new vehicles for operational use this year.
Regarding the specific matter raised by the Deputy, I can inform the Deputy that six office holders have been assigned vehicles from the Office Holder Fleet. Details, as conveyed to me by the Garda authorities, are set out in the following table identifying the vehicle type and fuel type of the vehicles assigned to office holders, correct as of 2 July 2019.
|
Vehicle Make |
Office Holder |
Fuel type |
|
BMW 740s |
President Main Car |
Diesel |
|
Mercedes S350 |
President Second Car |
Diesel |
|
BMW 740s |
Taoiseach Main Car |
Diesel |
|
BMW 740s |
Taoiseach Second Car |
Diesel |
|
Audi A6Q |
Tánaiste Main Car |
Diesel |
|
Audi A6Q |
Tánaiste Second Car |
Diesel |
|
BMW 530 |
Minister for Justice and Equality |
Diesel |
|
BMW 530 |
Chief Justice |
Diesel |
|
Audi A6Q |
Director of Public Prosecutions |
Diesel |
The Deputy may also be interested to know that the feasibility of the use of hybrid or electric vehicles is under consideration within An Garda Síochána. I am informed by the Garda authorities that 2 electric vehicles were purchased by An Garda Síochána in 2018, in order to evaluate the potential for their use in Garda operational environments.
144. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the number of serving gardaí by rank on career breaks, unpaid leave or special leave; and if he will make a statement on the matter. [28723/19]
Amharc ar fhreagraAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for managing An Garda Síochána including personnel, and I, as Minister, have no role in the matter.
Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
The following table shows the number of Gardaí on unpaid leave as at 01/07/2019:
|
01/07/2019 |
Garda |
Sergeant |
Inspector |
Total |
|
Career Break |
72 |
8 |
1 |
81 |
|
Unpaid Maternity |
43 |
3 |
1 |
47 |
|
Shorter working year |
72 |
4 |
|
76 |
|
Carer’s leave |
16 |
1 |
|
17 |
|
Special unpaid leave |
5 |
2 |
|
7 |
For more general information on Garda Facts and Figures please see the following link:
www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.
145. Deputy John Brady asked the Minister for Justice and Equality the rights to educational support of asylum seekers housed in emergency accommodation. [28753/19]
Amharc ar fhreagraChildren of international protection applicants who are residing in emergency accommodation can access school places in local primary and post-primary schools in the same manner as the general population. They can also avail of the Back to School Clothing and Footwear Allowance, which is administered by the Department of Employment Affairs and Social Protection.
While an international protection claim is being examined, accommodation and related services are offered as a whole-of-Government approach to anyone without means. This includes all meals, medical care and utilities. A weekly personal allowance is paid to each person by the Department of Employment Affairs and Social Protection and they can also cover exceptional needs. The Department of Education and Skills provides school places for children residents and the HSE provides mainstreamed health services.
146. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality when it is planned to publish the 2018 report on the Transfer of Sentenced Persons Act 1995; the reason it was not published within the timeframe set out in the Act; and if he will make a statement on the matter. [28837/19]
Amharc ar fhreagraSection 11 of the Transfer of Sentenced Persons Act, 1995 requires me to make a report to the Houses of the Oireachtas on the operation of matters within the Act in the preceding year
I have just received the 2018 Annual Report on the operation of the Transfer of Sentenced Persons Acts 1995 & 1997. I appreciate that the timeframe of 4 months after the end of preceding year for laying the report before the Houses has not been met, but I wish to assure the Deputy that the report will now be published and laid before the Houses of the Oireachtas very shortly.
147. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of inward applications received for transfer under the Transfer of Sentenced Persons Act 1995 to date; the number of new applications received since 1 January 2018; the number decided since 1 January 2018, by country of application by prisoners; the number being considered by the Office of the Chief State Solicitor; the number that have been returned with advices from the Office of the Chief State Solicitor; and if he will make a statement on the matter. [28838/19]
Amharc ar fhreagraI wish to advise the Deputy that since the Act came into operation on 1 November 1995, 552 inward applications have been received up to 2nd July 2019, of which 10 were received in 2018 and a further 6 in 2019. During that period 154 prisoners have transferred here from abroad.
I can further advise the Deputy that since 1 January 2018, I have made decisions on 4 applications to transfer here from the UK and Northern Ireland respectively. Three of these cases were refused and one was approved. I am informed by my officials of the Irish Prison Service that in that timeframe, 10 more cases were closed in view of the fact that 9 prisoners were released in their sentencing state and 1 applicant withdrew their application.
The Deputy will appreciate that where a sentenced person is seeking to transfer into this country, legal confirmation is obtained from the State's legal officers that the offence for which the sentence is being served would also constitute an offence under Irish Law. As at 2 July 2019 there are 30 live cases at various stages of progression with the Irish Prison Service.
The Office of the Chief State's Solicitor's have provided the necessary legal advise to the Irish Prison Service on 17 of these cases and is currently considering the remaining 13 cases. The Deputy will appreciate that some of these cases refer to years prior to 2018.
148. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if an application has been received under the Transfer of Prisoners Act 1995 by a person (details supplied); if the application is under active consideration; and if he will make a statement on the matter. [28839/19]
Amharc ar fhreagraI am advised by my officials in the Irish Prison Service that an application from the person referred to by the Deputy to transfer to Ireland to serve his sentence here has been received and is under consideration. The application process involves obtaining reports from outside agencies including An Garda Síochána and the Probation Service. My officials in the IPS have confirmed that these reports have been received. I am informed by my officials that they are awaiting the required legal advice from the Chief State Solicitor's Office and the Office of the Attorney General in relation to this application. When received it will be examined by my officials and the application will be processed accordingly.
On foot of the legal advice received it may however, be necessary to make further contact with the sentencing State to seek clarification in relation to the sentence imposed and/or other issues relating to the applicant's conviction. Therefore it is not possible at this time to provide an estimated date for the conclusion of this application.
I wish to advise the Deputy that applications received for a period in 2016 and 2017 were placed 'on hold' following the outcome of the Supreme Court Judgement in the Rafferty et al v Governor of Portlaoise case. The person referred to was made aware of this by way of a letter from the UK authorities in April 2018.
Following the Judgement in the case of McKeon v Minister for Justice and Equality, all applications were reactivated. The administration process was re-activated in May 2018.
149. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in regard to eligibility for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [29035/19]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of a current application for a certificate of naturalisation from the person referred to by the Deputy.
A previous application was returned in its entirety on 12 June 2019 as it was deemed ineligible as it did not satisfy the residency requirements and was not accompanied by an application fee or supporting documents.
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.
Full details of the eligibility criteria and extensive guidelines are available on the INIS website at www.inis.gov.ie.
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.
150. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in relation to eligibility for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [29036/19]
Amharc ar fhreagraI 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 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. All representations submitted will be fully considered in advance of a final decision being made. This case is amongst many to be considered by the Minister at present and, as such, at this point in time, it is not possible to provide a specific indication as to when the case will be finalised. However, the person concerned can be assured that there will be no avoidable delay in having their case brought to finality.
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.
151. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [29038/19]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service of my Department that a request for further permission was received from the person concerned on 7 May, 2019. The Deputy will appreciate that such requests are dealt with in chronological order. I understand that the request is under active consideration and a decision will be made as soon as possible.
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.
152. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when appropriate residency status to facilitate employment will be offered in the case of a person (details supplied); and if he will make a statement on the matter. [29039/19]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it would appear this person's presence in the State may be unlawful as they do not appear to hold a current permission to remain in the State.
The Deputy will appreciate that, under the relevant provisions of the Immigration Act, 2004, a non-national may not be in the State other than within the terms of a permission from the Minister for Justice and Equality. In order to allow for a full examination of the person's circumstances, the person concerned should write to Unit 2, Domestic Residence and Permissions Division, INIS, 13/14 Burgh Quay, Dublin 2 and provide a detailed account and documentary evidence of their personal circumstances since the expiration of their permission to reside in this 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 e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
153. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if appropriate residency can be awarded to facilitate study and part-time employment in the case of a person (details supplied); and if he will make a statement on the matter. [29040/19]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a request from the person concerned for permission to reside in the State as an adult dependent of his father was received on 11 May, 2018. I am also advised that INIS wrote to person concerned on 25 February, 2019, 13 May, 2019 and 1 July, 2019 seeking further information. No response has been received to date. I understand the matter will be given detailed consideration by INIS upon receipt of a response.
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.
154. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [29042/19]
Amharc ar fhreagraAs the Deputy is aware, if an application for asylum or subsidiary protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant or his legal representative should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate.
The IPO may be contacted either by email to info@ipo.gov.ie, by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2. The International Protection Appeals Tribunal may be contacted either by email to info@protectionappeals.ie, by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.
Following the commencement of the International Protection Act 2015 on 31 December 2016, new arrangements for the investigation and determination of applications for international protection (refugee status and subsidiary protection) and cases involving permission to remain in the State have been introduced. Such applications are now processed, as part of a single application procedure, by the International Protection Office (IPO) which has replaced the Office of the Refugee Applications Commissioner (ORAC) from that date. The staff of that Office (the Chief International Protection Officer and International Protection Officers) are independent in the performance of their protection functions.
155. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in regard to long-term residency and naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [29043/19]
Amharc ar fhreagraI 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. On completion of the necessary processing the application will be submitted to me for decision as expeditiously as possible. Should further documentation be required it will be requested from the applicant in due course.
The records indicate that the person's permission to reside in the State expired on 21 July 2016. All non-EEA nationals are required to keep their permission to remain in the State up to date at all times, and to have such permission registered. Failure to do so may adversely affect an application for a certificate of naturalisation.
I am further advised by INIS that no application for Long Term Residency was received from the person concerned.
In order to make an application for Long Term Residency in the State the person concerned must have been legally resident in the State for a minimum of 5 years (i.e. 60 months) on work permit/work authorisation/working visa conditions. Details of the application process are available on the INIS website at www.inis.gov.ie/en/INIS/Pages/Long_Term_Residency.
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. 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.
156. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when eligibility for naturalisation will be considered for a person (details supplied); and if he will make a statement on the matter. [29044/19]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy, who currently has permission to reside in the State until 2 February 2020.
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.
Full details of the eligibility criteria and extensive guidelines are available on the INIS website at www.inis.gov.ie.
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.
157. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in regard to residency with permission to take-up employment in the case of a person (details supplied); and if he will make a statement on the matter. [29045/19]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of a request for permission to reside from the person concerned.
I am further informed that it is open to the person concerned to write to Unit 5, Domestic Residence and Permissions Division, INIS, PO Box 12695, Dublin 2, setting out his current circumstances. Alternatively the person concerned may email INISdefacto@justice.ie for further information on how to proceed.
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.
158. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in regard to residency with permission to take-up employment in the case of a person (details supplied); and if he will make a statement on the matter. [29046/19]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it would appear this person's presence in the State may be unlawful as they do not appear to hold a current permission to remain in the State.
The Deputy will appreciate that, under the relevant provisions of the Immigration Act, 2004, a non-national may not be in the State other than within the terms of a permission from the Minister for Justice and Equality. In order to allow for a full examination of the person's circumstances, the person concerned should write to Unit 2, Domestic Residence and Permissions Division, INIS, 13/14 Burgh Quay, Dublin 2 and provide a detailed account and documentary evidence of their personal circumstances since the expiration of their permission to reside in this 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 e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
159. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected long-term residency and citizenship status of a person (details supplied); and if he will make a statement on the matter. [29048/19]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for Long Term Residency from the person concerned. In order to make an application for Long Term Residency the person concerned must have been legally resident in the State for a minimum of 5 years (i.e. 60 months) on an employment permit/work authorisation/working visa conditions. Details of the application process are available on the INIS website at www.inis.gov.ie/en/INIS/Pages/Long_Term_Residency.
I am also advised that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy. It is, however, 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. Full details of the eligibility criteria and extensive guidelines are available on the INIS website at 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.
160. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in regard to residency status in the case of a person (details supplied); and if he will make a statement on the matter. [29049/19]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person was granted a declaration of refugee status in 2002.
The INIS advises that return by a refugee to his or her country of nationality will provide grounds for consideration of revocation of his or her refugee status under Section 52 of the International Protection Act 2015.
The Deputy may also wish to note that more generally, 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.
161. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if further information has been received in respect of an application by a person (details supplied); and if he will make a statement on the matter. [29050/19]
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 29 September 2017. This Order requires the person 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.
As previously advised, representations were received from the person concerned, pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended), requesting that the Deportation Order be revoked including information regarding her marriage. Following the detailed consideration of the information submitted in support of the request, the Deportation Order was affirmed and notified to the person concerned by letter dated 27 November 2018. There are no outstanding applications for this applicant.
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.
162. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application by a person (details supplied); and if he will make a statement on the matter. [29053/19]
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 20/06/2002. This Order requires the person to remove themselves from the State and remain outside the State.
Requests were received from the person concerned, pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended), requesting that the Deportation Order be revoked. Following the consideration of these requests the Deportation Order was affirmed. There are no outstanding applications for this applicant.
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.
