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Thursday, 7 Nov 2019

Written Answers Nos. 80-95

School Services Staff

Ceisteanna (80)

Willie Penrose

Ceist:

80. Deputy Willie Penrose asked the Minister for Education and Skills the amount made available to pay caretakers in the respect of the scheme introduced in 2009, which provided extensive capitation grants to voluntary schools to employ caretakers and came into being following the withdrawal of the original employment scheme in 2008; and if he will make a statement on the matter. [45892/19]

Amharc ar fhreagra

Freagraí scríofa

Schemes were initiated in 1978 and 1979 for the employment of clerical officers and caretakers in schools. The schemes were withdrawn completely in 2008. These schemes have been superseded by the more extensive capitation grant schemes.

Voluntary secondary schools now receive assistance to provide for secretarial, caretaking and cleaning services under these grant schemes. The main grants are the Capitation Grant to cater for day to day running costs such as heating, lighting, cleaning, insurance, general up-keep etc. and the School Services Support Fund (SSSF), Secretary and Caretaker Grants to cater for the cost of employing ancillary services staff. Schools are permitted to regard the capitation and SSSF Grant as a combined grant.

The following are links to the most recent circulars published on my Department’s website in relation to capitation, SSSF, Secretary and Caretaker funding.

https://www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0077_2018.pdf.

https://www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0033_2019.pdf.

It is a matter for each individual school to decide how best to apply the grant funding to suit its particular needs. Where a school uses the grant funding for caretaking or secretarial purposes, any staff taken on to support those functions are employees of individual schools. Specific responsibility for terms of employment rests with the Board of Management of the school.

My Department provided €92 million in capitation funding to Voluntary Secondary Schools in the Free Education Scheme in 2018. This includes SSSF funding of €37m to cater for the cost of employing ancillary services staff including Caretakers. It also includes funding of €5m to provide for costs specifically associated with the employment of caretakers.

School Services Staff

Ceisteanna (81)

Willie Penrose

Ceist:

81. Deputy Willie Penrose asked the Minister for Education and Skills the number of voluntary secondary schools and private schools that receive assistance by way of capitation grant to provide for secretarial caretaking services; the system used to allocate to each school the particular amount to enable them to meet their particular needs in these areas; the supervision in place to ensure that persons employed in roles such as caretaking are paid the appropriate rate and have the relevant employment conditions appropriately applied in each situation; and if he will make a statement on the matter. [45893/19]

Amharc ar fhreagra

Freagraí scríofa

My Department provides assistance to 330 Voluntary Secondary Schools in the Free Education Scheme towards the cost of secretarial and caretaking services. Fee charging schools do not receive any capitation related grant funding from my Department.

Voluntary secondary schools, in the Free Education scheme, are funded by way of per capita grants.

The main grants are the Capitation Grant to cater for day to day running costs such as heating, lighting, cleaning, insurance, general up-keep etc. and the School Services Support Fund (SSSF), Secretary and Caretaker Grants to cater for the cost of employing ancillary services staff. Schools are permitted to regard the Capitation and SSSF Grant as a combined grant.

The following are links to the most recent circulars published on my Department’s website in relation to capitation, SSSF, Secretary and Caretaker funding.

https://www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0077_2018.pdf.

https://www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0033_2019.pdf.

It is a matter for each individual school to decide how best to apply the grant funding to suit its particular needs. Where a school uses the grant funding for caretaking or secretarial purposes, any staff taken on to support those functions are employees of individual schools. Specific responsibility for terms of employment rests with the Board of Management of the school.

On foot of a Chairman’s Note to the Lansdowne Road Agreement, my Department engaged with the Unions representing school secretaries and caretakers, including through an independent arbitration process in 2015. The Arbitrator recommended a cumulative pay increase of 10% between 2016 and 2019 for staff and that a minimum hourly pay rate of €13 be phased in over that period. This arbitration agreement covers the period up to 31 December 2019.

The increases recommended by the Arbitrator are binding and must be applied by all schools who employ staff to whom the Arbitrator’s recommendation applies. My Department receives informal correspondence by telephone in respect of grant-funded secretary and caretaker circulars, as regularly occurs with the publication of pay circulars. Advice is provided on the implementation of the circular and the appropriate steps to take. Caretakers and Secretaries who have queries regarding the application of the circular should raise queries directly with their individual employer / Board of Management.

In addition, the recent survey of Secretaries and Caretakers has identified some schools that are non-compliant with the provisions of the 2015 Arbitration Agreement, and my Department will be making contact with these schools to remind them of their obligations under the agreement, as implemented through various circulars.

Disabilities Assessments

Ceisteanna (82)

Bernard Durkan

Ceist:

82. Deputy Bernard J. Durkan asked the Minister for Education and Skills when an assessment in respect of dyslexia will be arranged in the case of a person (details supplied); and if he will make a statement on the matter. [45957/19]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware my Department’s National Educational Psychological Service (NEPS) provides educational psychological support to all primary and post-primary schools. This involves direct support in the event of a critical incident, access to national and regional support and development work to build school capacity to support students, access to a NEPS psychologist for responses to queries arising, and access to individual pupil casework via a NEPS psychologist or through the Scheme for the Commissioning of Psychological Assessments. (SCPA).

In common with many other psychological services and best international practice, NEPS has adopted a consultative model of service. The focus is on empowering teachers to intervene effectively with pupils whose needs range from mild to severe and transient to enduring. Psychologists use a problem solving and solution oriented consultative approach to maximise positive outcomes for these pupils. NEPS encourages schools to use a continuum based assessment and intervention process whereby each school takes responsibility for initial assessment, educational planning and remedial intervention for pupils with learning, emotional or behavioural difficulties. Teachers may consult their NEPS psychologist should they need to at this stage in the process. Only in the event of a failure to make reasonable progress, in spite of the school's best efforts in consultation with NEPS, will the psychologist become involved with an individual child for intensive intervention or assessment.

This system allows psychologists to give early attention to urgent cases and also to help many more children indirectly than could be seen individually. It also ensures that children are not referred unnecessarily for psychological intervention.

I would advise therefore if there are concerns in relation to the educational or social and emotional development of the student, the subject of the Deputy’s question, that these should be raised by his parents, in the first instance, with the Principal of the school he is attending, with a view to that Principal discussing the situation with the assigned NEPS psychologist or local NEPS service.

Special Educational Needs Service Provision

Ceisteanna (83)

Bernard Durkan

Ceist:

83. Deputy Bernard J. Durkan asked the Minister for Education and Skills when an SNA will be provided for a person (details supplied); and if he will make a statement on the matter. [45959/19]

Amharc ar fhreagra

Freagraí scríofa

The National Council for Special Education (NCSE) is responsible for allocating a quantum of Special Needs Assistant (SNA) support for each school annually taking into account the assessed care needs of children qualifying for SNA support enrolled in the school.

The NCSE allocates SNA support to schools in accordance with the criteria set out in Department Circular 0030/2014, which is available on my Department's website at www.education.ie, in order that students who have care needs can access SNA support as and when it is needed.

In considering applications for SNA support for individual pupils, the NCSE take account of the pupils' needs and consider the resources available to the school to identify whether additionality is needed or whether the school might reasonably be expected to meet the needs of the pupils from its current level of resources.

SNAs are not allocated to individual children but to schools as a school based resource.

SNA allocations to all schools can change from year to year as children with care needs leave the school, as new children with care needs enrol in a school and as children develop more independent living skills and their care needs diminish over time.

The NCSE Appeals Process may be invoked by a parent or a school where it is considered that a child was not granted access to SNA support because the requirements outlined in Circular 0030/2014 were not complied with. Schools may also appeal a decision, where the school considers that the NCSE, in applying Department policy, has not allocated the appropriate level of SNA support to the school to meet the special educational and/or care needs of the children concerned.

Where a school has received its allocation of SNA support for 2019/20, but wishes new enrolments or assessments to be considered, which were not taken into account when the initial allocation was made, they may continue to make applications to the NCSE.

As this question relates to a particular child, I have referred the question to the NCSE for their direct reply. I do not have a role in making determinations in individual cases.

Student Grant Scheme Applications

Ceisteanna (84)

Bernard Durkan

Ceist:

84. Deputy Bernard J. Durkan asked the Minister for Education and Skills the position regarding entitlement to a higher education grant in the case of a person (details supplied); and if he will make a statement on the matter. [45961/19]

Amharc ar fhreagra

Freagraí scríofa

My officials were advised by the awarding authority that the Appeals Officer in SUSI has determined that further documents are required in order to fully assess this student's application. The awarding authority issued a letter to the student in question on the 24th of October 2019 requesting additional documentation which I understand is still outstanding.

Under the terms of the Student Grant Scheme, grant assistance is awarded to students attending an approved course in an approved institution who meet the prescribed conditions of funding, including those relating to nationality, residency, previous academic attainment and means.

The decision on eligibility for a student grant is a matter, in the first instance, for SUSI (Student Universal Support Ireland) to determine. When the student submits the additional documentation, a determination will be made on the student’s eligibility for grant support.

Special Educational Needs Service Provision

Ceisteanna (85)

Bernard Durkan

Ceist:

85. Deputy Bernard J. Durkan asked the Minister for Education and Skills his plans for an ASD unit to be developed at a school (details supplied) to meet increased demand for such a facility in the area; and if he will make a statement on the matter. [45966/19]

Amharc ar fhreagra

Freagraí scríofa

The provision of education for children with special needs is an ongoing priority for Government.

Currently, almost 20% of the total Education Vote or €1.9bn is invested in supporting children with special needs. The numbers of special classes, special education teachers and Special Needs Assistants are at unprecedented levels. Nationally, 167 new special classes opened for the 2019/20 school year, which means there are 1,618 special classes in place, compared to 548 in 2011. Of these 1,353 special classes cater for students diagnosed with ASD.

In Co. Kildare, there are currently 4 special schools and 77 special classes in mainstream schools, including 6 ASD Early Intervention classes, 48 primary ASD classes and 16 ASD post primary ASD classes.

The National Council for Special Education (NCSE) has a statutory function to plan and co-ordinate the provision of education and support services to children with special educational needs, in consultation with the relevant education partners and the Health Service Executive (HSE).

The Council has well established structures in place to plan and coordinate special education provision throughout the country. This includes identifying the need for and establishing special class placements in various geographical areas where they are required. The Council ensures that schools in an area can, between them, cater for all children who have been identified as needing special class placements.

Before approaching a particular school to request the establishment of a special class, the NCSE take into account both present and future potential need within the area and must be satisfied that the class is sustainable and appropriately located.

The NCSE is continuing its work at local level to ensure all children can access a suitable school placement for the forthcoming school year and beyond.

When the NCSE sanction a special class in a school, the school can apply to my Department for capital funding to re-configure existing spaces within the school building to accommodate the class and/or to construct additional accommodation.

As the Deputy's question relates to the NCSE planning for special class provision in a particular school area I have arranged for the question to be forwarded to the NCSE for their attention and direct reply.

Schools Building Projects Status

Ceisteanna (86)

Robert Troy

Ceist:

86. Deputy Robert Troy asked the Minister for Education and Skills the timeframe for completion of works at a school (details supplied). [45972/19]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that this project has been devolved for delivery to Westmeath County Council (WCC).

Officials in my Department continue to engage with WCC and the relevant contractor to ensure that the project is completed as quickly as possible while also ensuring that the quality and integrity of the project is fully protected. We are all fully focussed on completing the project by the end of the year in that context.

School Staff

Ceisteanna (87)

Seán Fleming

Ceist:

87. Deputy Sean Fleming asked the Minister for Education and Skills the position regarding an appeal in respect of a suppression of a teaching post by a school (details supplied); and if he will make a statement on the matter. [45978/19]

Amharc ar fhreagra

Freagraí scríofa

The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30th September.

However, the staffing arrangements for primary schools also includes the provision whereby schools experiencing rapid increases in enrolment can apply for additional permanent mainstream posts on developing grounds, using projected enrolment for the following September, in this case September 2019.

The school referred to by the Deputy were allocated a teaching post on developing grounds, but did not achieve the required enrolment on 30th September 2019 to retain the post for the remainder of the school year.

The staffing process includes an appeals mechanism for schools to submit a staffing appeal under certain criteria to an independent Appeals Board.

The school submitted an appeal to the Primary Staffing Appeals Board and, having considered the appeal, the Board deemed the appeal ineligible.

The Primary Staffing Appeals Board operates independently of the Department and its decision is final.

Garda Stations

Ceisteanna (88)

Willie O'Dea

Ceist:

88. Deputy Willie O'Dea asked the Minister for Justice and Equality if the provision of a new Garda station for the Castletroy and Annacotty suburb of Limerick city will be considered (details supplied); and if he will make a statement on the matter. [45806/19]

Amharc ar fhreagra

Freagraí scríofa

In accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána. This includes responsibility for the formulation of proposals in relation to the opening and closing of Garda stations, taking into account crime trends and policing priorities.

In that regard, I would recall that the Programme for a Partnership Government included a commitment for a review of Garda districts and dispersement of resources. The resulting report of the Garda Síochána Inspectorate entitled “Policing with Local Communities”, was submitted to me as Minister by the Policing Authority and published in December 2018. That Inspectorate Report also finds that the responsibility for decisions on boundaries and dispersement of Garda resources – including the number, type and location of Garda stations - should rest with the Garda Commissioner, as is currently the case.

I consulted with the Garda authorities on the matter raised by the Deputy. I understand from the Garda authorities that Castletroy, the area referred to by the Deputy, is located on the N7 Limerick – Dublin road and that there are three existing Garda stations between 5 and 10 kilometres away, namely Henry Street Garda station, Roxboro Road Garda station and Castleconnell Garda station. I am further informed that a Garda Clinic is run on campus at the University of Limerick by Community Policing members based in the Henry Street District, to cater for student requirements and that this is currently held 3 times a month.

More generally, the Garda authorities inform me that crime in the Castletroy and Annacotty area is stable.

In these circumstances, the Deputy will appreciate that development of a new station in the location referred to by the Deputy is not proposed by Gardaí at the present time.

I would also point out that Garda numbers are increasing - we now have over 14,200 Garda members supported by over 2,800 Garda staff.

And the resources provided by Government to An Garda Síochána have reached record levels. The allocation made to An Garda Síochána for 2019 of €1.76 billion. I am also pleased to have secured an overall increase of €122 million to increase An Garda Síochána's budget for 2020 to an unprecedented €1.882 billion for next year.

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. €10 million capital funding has been made for the purchase and fit-out of Garda vehicles in 2019. I understand from the Garda authorities that this allocation is being used for purchase and fit-out of over 300 new vehicles for operational use this year. A further €9 million capital funding has been allocated for the Garda fleet in Budget 2020.

This continuing investment is intended to ensure that Gardaí can be mobile, visible and responsive in all communities nationwide, including in the areas of Limerick referred to by the Deputy.

Public Inquiries

Ceisteanna (89)

Mary Lou McDonald

Ceist:

89. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will publish the amended terms of reference of the scoping exercise into the circumstances leading to the death of a person (details supplied) and related matters submitted by a person to his Department earlier in 2019. [45817/19]

Amharc ar fhreagra

Freagraí scríofa

The circumstances surrounding the tragic death of Shane O'Farrell have previously been addressed by me in both the Dáil and the Seanad and I have met with the O'Farrell family.

As the Deputy will be aware, following the Dáil motion calling for a public inquiry last year, I sought the advice of the Attorney General on how best to proceed, given the fact that the Garda Síochána Ombudsman Commission was still investigating certain matters in relation to the case. Following the conclusion of the GSOC investigation, I appointed retired District Court Judge Gerard Haughton to conduct a scoping exercise into the circumstances leading to Shane's tragic death.

I am grateful to Judge Haughton for agreeing to undertake this sensitive and important work.

The terms of reference of the scoping exercise being conducted by Judge Haughton have been finalised and will be published on my Department's website shortly. I can confirm that these Terms of Reference have already been shared with the O'Farrell family.

While the terms of reference for the scoping exercise are focused, they allow for review of the issues intended. I can assure the Deputy that there is no intention on my part to in any way limit the scoping exercise.

Judge Haughton has been asked to make an initial report by mid-November. I expect that interim report will set out the expected time-frame for completion of the scoping exercise that he has been charged with.

Judge Haughton is free to make any recommendation he sees fit, including the establishment of any form of statutory or non-statutory inquiry. Finally, should he consider it necessary to recommend an inquiry, of whatever type, I have asked Judge Haughton to provide me with draft terms of reference for that process.

In establishing the scoping exercise and in determining its terms of reference, I was guided by legal advice from the Office of the Attorney General. While the most recent advice available to my Department recommended focused and specific terms of reference to take account of the Supreme Court’s decision in the Shatter v Guerin case, it is important to say that there is no impediment on Judge Haughton to make any recommendation he sees fit in relation to any future inquiry.

While I regret that this process has taken some time, the Deputy will appreciate the importance of ensuring that the scoping exercise was framed and conducted in accordance with the law.

I urge all those concerned to engage fully with Judge Haughton and to input to his important work.

Citizenship Status

Ceisteanna (90)

Michael McGrath

Ceist:

90. Deputy Michael McGrath asked the Minister for Justice and Equality the steps he is taking in response to the recent judgment of the High Court relating to continuous residency under section 15(1)(c) of the Irish Nationality and Citizenship Act 1956 (as amended); and if he will make a statement on the matter. [45821/19]

Amharc ar fhreagra

Freagraí scríofa

I am fully cognisant of the fact that the recent judgment of the High Court relating to continuous residency under Section 15(1)(c) of the Irish Nationality and Citizenship Act, 1956 (as amended) has given cause for concern. The matter remains before the courts, with the Court of Appeal reserving judgement, and is therefore sub-judice. The outcome of the appeal will have a bearing on whether or not legislation is required. Should it be necessary, I intend to introduce a Bill in the Oireachtas as soon as possible this term.

My Department is doing everything possible to put a solution in place on an urgent basis. At the end of July, I obtained Cabinet approval for a proposed Bill to address the matter and intensive work is taking place in the Department where officials are working with the Office of Parliamentary Counsel in the Attorney General’s Office to finalise the draft Bill.

As soon as the legal issues are resolved, my Department will make all necessary arrangements for the next Citizenship Ceremony. Invitations will issue four weeks in advance of the ceremony to ensure everyone has adequate notice.

The advice to those who are planning to apply for citizenship is to continue to collect all of the necessary proofs that support their application and to submit a comprehensive application form. Once a solution is in place, if any additional information is required, applicants will be contacted as part of the processing of their application.

The ruling is not considered to have consequences for anyone who has already obtained citizenship under the Act.

Policing Issues

Ceisteanna (91)

Catherine Murphy

Ceist:

91. Deputy Catherine Murphy asked the Minister for Justice and Equality if he has met with Irish Rail and-or the NTA in respect of forming a dedicated transport police service; and if he will make a statement on the matter. [45883/19]

Amharc ar fhreagra

Freagraí scríofa

I, along with my colleague the Minister for Transport, Tourism and Sport Shane Ross TD, co-chair the Ministerial Committee on Road Safety. I meet regularly in that forum with some of the key stakeholders in the field of transport, including the Transport Infrastructure Ireland, Road Safety Authority, An Garda Síochána, the Health and Safety Authority, the Medical Bureau of Road Safety, the Department of Health, the City and County Managers' Association and the Attorney General.

However in relation to the matter raised by the Deputy, I would point out that the Garda Commissioner has responsibility for managing An Garda Síochána and for the allocation of Garda resources, in light of identified operational demands. This includes responsibility for personnel matters and the distribution of personnel across the various Garda Divisions. As Minister I have no direct role in these matters.

In terms of contact by An Garda Síochána with Irish Rail or other transport operators - I am advised by Garda management that it engages extensively with transport operators and that a range of regional and local operations have been put in place to address incidents and issues that have arisen at specific locations. I am further informed that there is ongoing communication between An Garda Síochána and the respective control centres, and access to good quality CCTV helps provide assistance to Gardaí when investigating such incidents.

In terms of safety on public transport generally, I am advised by the Garda authorities that Operation Twin Track is a Community Engagement & Rail Safety Policing Initiative conducted in partnership between An Garda Síochána and other Public Transportation stakeholders such as Iarnród Éireann, DART Services, and Transdev [Luas].

Its purpose is to provide High Visibility Policing of Rail and light Rail transport within the DMR region and nationwide and to deliver crime prevention advice. Local Crime Prevention Officers and Community Policing Gardaí operated community engagement/crime prevention stands with support from national units at Connolly and Heuston Station on 13 September 2019.

I am informed that a multi-agency review was conducted to examine the effectiveness of this operation and that it is agreed that An Garda Síochána will continue to proactively engage with public transportation stakeholders and providers to conduct further similar operations.

Finally, I would like to confirm that the resources provided by Government to An Garda Síochána have reached record levels, with an allocation for 2019 of €1.76 billion. I am also pleased to have secured an additional €122 million to increase An Garda Síochána's budget to an unprecedented €1.882 billion for next year. The Commissioner is responsible for the efficient use of these resources and I am assured that Garda management keeps the distribution of these resources under continual review, to ensure their optimum use.

Direct Provision Data

Ceisteanna (92)

Éamon Ó Cuív

Ceist:

92. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of offers received for the provision of direct provision centres in 2019 by local authority area; the number of rooms available in each centre; and if he will make a statement on the matter. [45909/19]

Amharc ar fhreagra

Freagraí scríofa

My Department has two separate approaches to securing accommodation centres for persons seeking international protection. In order to meet the long term needs of the Department, a regional procurement process on a national basis is ongoing. As the Deputy can appreciate, it would not be appropriate for me to comment on any individual bids before these processes are complete.

To meet the Department’s short to medium term requirements, expressions of interest were sought by way of advertisement through the national media. The Department has received many responses from every county. However, many offers of accommodation are not progressed to contract stage. This is due to a variety of reasons including -

- The offers of accommodation are for premises only with no on-site catering/management service

- Premises are unsuitable

- Capacity of premises are too small to be viable on an operational level

- Premises are offered by potential contractors for accommodation of asylum seekers as one of a range of commercial opportunities being pursued by the owners who subsequently choose to pursue alternative opportunities

- Agreement on commercial terms cannot be reached.

It would be inappropriate to list all of these offers by county and capacity as it could lead to inaccurate speculation on any premises that may match the capacity, which may compromise either the ongoing commercial activities or potential commercial opportunities for those premises.

Deportation Orders Re-examination

Ceisteanna (93, 105)

Bernard Durkan

Ceist:

93. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an application to revoke a deportation order under section 3 of the Immigration Act 1999, as amended, in the case of a person (details supplied) will be accepted; and if he will make a statement on the matter. [45934/19]

Amharc ar fhreagra

Bernard Durkan

Ceist:

105. 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. [45946/19]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 93 and 105 together.

No deportation order has been issued by my Department to the person concerned. The person mentioned by the Deputy was issued with a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended) on 21st October 2019, in response to this notification, 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 Immigration Service 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.

Residency Permits

Ceisteanna (94)

Bernard Durkan

Ceist:

94. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to regularise status in the case of a person (details supplied); and if he will make a statement on the matter. [45935/19]

Amharc ar fhreagra

Freagraí scríofa

I am informed by my officials that the person's presence in the State may be unlawful as their most recent permission to remain in the State expired in June 2012. I am further advised that the Immigration Service has no record of an outstanding request from the person concerned for 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 1, Domestic Residence and Permissions Division, Immigration Service, 13/14 Burgh Quay, Dublin 2 and provide a detailed account and documentary evidence of their personal circumstances since they entered the State.

Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.

Immigration Status

Ceisteanna (95)

Bernard Durkan

Ceist:

95. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration will be given to upgrading stamp status to facilitate access to the workplace in the case of a person (details supplied); and if he will make a statement on the matter. [45936/19]

Amharc ar fhreagra

Freagraí scríofa

The person mentioned by the Deputy made an application for permission to remain in the State as a dependent of a non-EEA national in May 2018. The person concerned was informed in writing on 20 September 2019, that the case was fully considered. The outcome of this consideration is that I have decided to grant the person concerned temporary permission to remain in the State, on Stamp 3 conditions, for one year.

The person concerned has been granted temporary permission to remain on the basis of the conditions which attach to the grant of Stamp 3 which means they may not enter employment or engage in a business or profession and that they have sufficient resources to maintain themselves and that they are not dependent on the State.

An explanation of the general conditions attaching to a particular stamp may be found on www.inis.gov.ie.

It should be noted that the person concerned is required by law under Section 9(2) (a) of the Immigration Act, 2004 to register this permission with their local Immigration Registration Officer as soon as may be. The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to Immigration Services 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.

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