Written Answers Nos. 122-140
122. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding stamp 4 status in the case of a person (details supplied) who has been informed by an immigration officer that ministerial authorisation is required; if same can be arranged; and if he will make a statement on the matter. [41129/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for residence in this State as a family member of an EU citizen was submitted by the person concerned on 5 January 2015. I am informed that the person concerned did not meet the criteria.
On 13 July 2015, INIS granted the person permission to reside in this State for one year under Stamp 4 conditions. INIS informed the person that further extension of that permission may be granted by the relevant local immigration officer subject to the applicant providing a valid passport and providing evidence of employment or self-sufficiency at that stage.
I am informed by INIS that when the person attended her local immigration office to seek the further permission it was declined as the person did not appear to meet the required conditions. I understand that the person was advised to contact INIS directly in relation to the matter. INIS has no record of correspondence from the person concerned to date.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using Oireachtas Mail facility which has been specifically established for this purpose. The service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
123. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position with regard to the determination of eligibility for long-term residency in the case of a person (details supplied); and if he will make a statement on the matter. [41131/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for residency in the State arising from marriage to an Irish national was received from the person concerned on 20 March 2017. Applications of this kind, in fairness to all other such applicants, are dealt with in chronological order. INIS will be in contact with this individual in due course. It should be noted that marriage to an Irish national does not confer an automatic right of residence in 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 e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
124. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position with regard to an application for naturalisation in the case of a person (details supplied); if all documentation requested has been supplied; and if he will make a statement on the matter. [41132/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for a certificate of naturalisation from the person referred to by the Deputy is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence. A letter issued to the person concerned on 6 September 2017 requesting certain information, a reply to which has been received.
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.
125. 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. [41133/17]
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 persons concerned have not submitted written representations.
The position in the State of the persons 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.
126. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if all of the requested documentation has been received in the relevant section of his Department regarding the case of a person (details supplied); if appropriate consideration of the person's application for the regularisation of residency status can now take place; and if he will make a statement on the matter. [41134/17]
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), 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.
127. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the application for residency and naturalisation will be considered in the case of a person (details supplied); and if he will make a statement on the matter. [41135/17]
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), written representations have been submitted on behalf of the person 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.
128. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected residency status and-or entitlement to naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [41136/17]
Amharc ar fhreagraThe person concerned arrived in the State in 2007, was registered as a student here up to 26 November 2014, and through Trayers & Company Solicitors, submitted an application for permission to remain in the State on 22 May 2015. By letter of 24 May 2016 permission was refused.
The person concerned instituted Judicial Review proceedings on 06 September 2016 challenging the refusal to grant permission to remain and accordingly, as the matter is sub judice, I do not propose to comment further.
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.
129. 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); the correct procedure to be followed in the circumstances to upgrade the person's position; and if he will make a statement on the matter. [41150/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a request for further permission was received from the persons in question on 6 June 2017. This is currently receiving attention and correspondence will issue in the coming weeks to the persons 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.
130. Deputy Clare Daly asked the Minister for Justice and Equality when the Inspector of Prisons vacancy will be filled; the status of reports which were not completed by a person (details supplied) as a result of that person's unexpected death; if they will be concluded and-or published; if not, if they will need to be recommenced; and if he will make a statement on the matter. [41156/17]
Amharc ar fhreagraThe Public Appointment Service (PAS) is currently running a Top Level Appointment Competition to appoint a new Inspector of Prisons. The competition was publicly advertised on 25 August 2017. It is understood from PAS that, following a shortlisting process and preliminary interviews, the final interview process is likely to begin in late October this year.
The Office of the Inspector of Prisons is a statutory, independent office established under the Prisons Act 2007. The previous holder of the post, Judge Michael Reilly, died suddenly on 26 November 2016. Although there is no statutory provision for assigning these powers to any other individual, the Principal Officer in the Inspector of Prison’s office in Nenagh has been the Acting Inspector of Prisons in the meantime. She was appointed under a warrant signed by the previous Minister. All staff in the prison system were instructed to co-operate with her and she remains independent of the Department and the Irish Prison Service as far as investigations are concerned and the content of any report produced. Further, she was authorised to complete any outstanding reports and submit them to me as Minister for Justice and Equality on a non-statutory basis and these are being published in the normal way.
Plainly, this arrangement will end when the new Inspector is appointed through the competition described above.
131. Deputy Alan Kelly asked the Minister for Justice and Equality the number of arrests and convictions that were recorded in the recent Operation Thor carried out by An Garda Síochána; and if he will make a statement on the matter. [41161/17]
Amharc ar fhreagraAs the Deputy will be aware, since its inception in November 2015, there has been concentrated activity under Operation Thor which is reflected in the implementation of over 83,260 targeted checkpoints nationwide and 28,633 searches carried out. There have also been in the region of 5,541 arrests and 6,156 charges covering a range of offences which, in addition to burglary, have included handling stolen property, possession of firearms and drugs offences.
It is also encouraging to note that burglary figures in particular have shown a significant downward trend. The CSO official recorded crime statistics for Q4 of 2016 show a 30% decrease in burglary for the twelve months of 2016 when compared to the same period in 2015 - which parallels the implementation of Operation Thor.
The Government made it a particular priority to strengthen our legislative provisions through the enactment of the Criminal Justice (Burglary of Dwellings) Act 2015 which is targeted at repeat burglars who have previous convictions and who are charged with multiple offences of residential burglary. I am very pleased that this new legislation is now available to support the work which is being carried out by An Garda Síochána under Operation Thor.
Underpinning all of these measures is the Government's commitment to Garda recruitment, ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. The Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021.
As the Deputy will be aware, the Programme for Government underlines the need for close engagement between An Garda Síochána and local communities and this is an essential feature of the strong community policing ethos which has long been central to policing in this jurisdiction. The Deputy will also be aware that as part of the overall strategy to oppose criminality, the Garda authorities pursue a range of partnerships with community stakeholders, including the farming organisations. There are a range of partnership initiatives which have been established between An Garda Síochána and important rural-based organisations such as the Irish Farmers Association, Muintir na Tire and other rural community organisations, including the well established Community Alert Programme, the ongoing work of the Metal Theft Forum, the Crimestoppers campaign highlighting the Theft of Livestock, the Theftstop initiative in relation to farm equipment, and the highly successful Garda Text Alert Scheme.
132. Deputy Róisín Shortall asked the Minister for Justice and Equality the timeframe for completion of the independent review of the reporting of breath tests and the issuing of fixed charges notices commissioned by the Policing Authority; and if he will make a statement on the matter. [41206/17]
Amharc ar fhreagraAs the Deputy is aware, my predecessor as Minister for Justice and Equality wrote to the Chairperson of the Policing Authority in accordance with section 62O(6) of the Garda Síochána Act, 2005 (as amended) requesting that the Authority report on its oversight of the issues which have arisen in relation to mandatory alcohol testing.
This report is to include an examination of all aspects of the matter, addressing to the extent possible the reasons why issues have arisen, the incidence and scale of the issues and the solutions implemented to ensure there is no recurrence.
The Policing Authority contracted an independent company to carry out the examination of these issues in accordance with the request. I am advised that the independent examination is at an advanced stage and the Policing Authority expects to be in receipt of the report in October.
133. Deputy Róisín Shortall asked the Minister for Justice and Equality his Department's policy on vulnerability assessments of persons entering direct provision; the details of this assessment; if these assessments are now or planned to be standard practice; and if he will make a statement on the matter. [41207/17]
Amharc ar fhreagraAll services for protection applicants (either those in State provided accommodation or those who live in the community) are delivered under the Government policies of direct provision and dispersal.
This system of direct provision is the system whereby State services are delivered directly to protection applicants through the relevant Government Department or Agency – for example the Department of Education & Skills delivers education services through the established school system; the HSE delivers medical services through the established GP and hospital systems.
In the case of the Department of Justice and Equality, full board accommodation and related services are offered to residents while their application for protection is being processed . Not every person who seeks international protection in Ireland chooses to accept the offer of full board accommodation and of course many choose to live with colleagues, family or friends in communities across the country, as they are entitled to do.
Those who accept the offer of accommodation are in turn offered a health screening check on arrival at the initial Reception Centre in Balseskin. These services are provided by the HSE and assessments as to individual vulnerabilities are made at this stage by the HSE team. This service is, by definition, made available by the HSE on a voluntary and strictly confidential basis. Screening covers Hepatitis, TB, HIV, immunisation status and any other ailments or conditions that the medical officers feel require further investigation and/or treatment. In addition, arrangements are in place in various parts of the country to offer this service to those who do not avail of it in Dublin. Figures supplied by the HSE show that approximately 84% of asylum seekers availed of health screening in 2015 while residing in the reception centre in Dublin. No figures are available in relation to those who subsequently availed of screening after being dispersed from the Reception Centre.
While the Health Unit in RIA assists in the coordination of the provision of health services and communications with various stakeholders, RIA has no role in the provision of health services as this remains the sole responsibility of the HSE.
Following on from this initial health screening, access to health services in Ireland thereafter for asylum seekers residing in State provided accommodation is 'mainstreamed' i.e. it is provided on the same basis as the general population. Asylum seekers in State provided accommodation will also generally qualify for a medical card and an exemption from prescription charges. They are then eligible to avail of a wide range of health services free of charge including GP services. They also have access to the Public Health Nursing System, social work services and Community Welfare services. A dedicated asylum seeker psychological service operates in Balseskin Health Centre and the North Strand Health Centre. North Strand Road, Dublin 1.
Tusla and the HSE link in with accommodation centres to provide on-site services and monitoring of children and families through Public Health Nurse and GP services, social work teams, mental health specialists and through the positive engagement of accommodation centre management teams.
The Community Welfare Service of the Department of Social Protection holds clinics in many centres to assist families with needs which may fall to be assisted under the Exceptional Needs Payments.
Children are linked in by local management to mainstream primary and post-primary schools in a like manner to the general population. Younger children may also avail of the free ECCE pre-school placements. Homework clubs are provided at certain family centres. The Department of Education has also made changes to allow children who are 5 years in the system and who have attended a minimum of five years in the Irish school system to avail of third level education.
RIA has a dedicated Child and Family Services Unit, whose role is to manage, deliver, coordinate, monitor and plan all matters relating to child and family services for all asylum seekers residing in State provided accommodation. It also acts as a conduit between RIA and Tusla, the latter having statutory functions in this area. The Unit is headed up by an official seconded from Tusla who has clinical expertise in the area of child welfare and protection.
The Child Protection and Welfare Policy and Practice Document in force in all accommodation centres is based on the HSE's “Children First - National Guidelines for the protection and welfare of children". The HSE and Tusla have provided 'Keeping Safe' child protection training and Designate Liaison Person Training (DLP) to each centre's Designated Liaison Persons and other staff members. RIA has recently updated its Child Protection Policy to include a Practice Document. Briefing sessions were held in family centres around the country for centre staff members and all other relevant personnel. All staff of centres under contract to RIA are Garda vetted.
In summary, those in the protection process have access to the same set of assessments as other persons resident in communities across the country and have the same rights to appeal decisions or make complaints through the relevant Departmental channels and through the relevant Ombudsmen where appropriate and necessary. Any vulnerabilities that are identified at any assessment are identified and addressed by the relevant Government Department or Agency.
134. Deputy Róisín Shortall asked the Minister for Justice and Equality the current stage of the drafting of the Legal Services Regulatory Authority report which is due by October 2018; if he has received interim reports, briefings or updates on the results of this review of the Legal Services Regulatory Authority; and if he will make a statement on the matter. [41208/17]
Amharc ar fhreagraThe Deputy will appreciate that the Legal Services Regulatory Authority is an independent statutory body and that I do not, as Minister, have a role in relation to its day to day operations. Under section 34 of the Legal Services Regulation Act 2015 the Legal Services Regulatory Authority is the body which has, by law, been given the specific task of preparing, with the support of a public consultation process, a comprehensive report in relation to the education and training (including on-going training) arrangements in the State for legal practitioners, including the manner in which such education and training is provided. This report is, under the terms of the Act, to be provided to the Minister for Justice and Equality by the Legal Services Regulatory Authority within two years of its establishment day, 1 October 2016. The Government will, therefore, take account of any specific findings and recommendations that are made on these matters by the Authority in its report including in deciding the appropriate policy responses to be made. Similarly, account will also be taken of any interim report provided under the terms of section 34(6) of the 2015 Act. It is expected that the Authority will commence its work on these matters in due course.
The Deputy will also wish to note that the Regulatory Authority has been deeply engaged in the conduct of public consultations and in the making of reports on a whole series of issues which it remains obliged to deal with under the 2015 Act within set deadlines. For example, on 31 March 2017, the Authority presented its report under section 118 (Legal Partnerships) which was laid before the Houses of the Oireachtas on 28 April 2017. The Authority then submitted a further short report on Legal Partnerships on 31 July 2017 which is in the process of being laid before the Houses. At present, the Authority is finalising two more reports which it is to submit by 30 September 2017. The first follows commissioned research and a public consultation on the establishment, regulation, monitoring, operation and impact of Multi-Disciplinary Practices conducted under section 119 of the 2015 Act while the second follows public consultations on certain issues relating to barristers conducted under section 120 of the Act.
The Regulatory Authority also submitted its first Annual Report on 26 April 2017 which, under the terms of the Act, covers its activities for the quarter since establishment on 1 October 2016 to the end of that year. That report was laid before each House of the Oireachtas on 18 May 2017. It should be noted that in addition to such reports being laid before the Houses, the Regulatory Authority also makes them available, as may be appropriate, on its website www.LSRA.ie along with other useful information.
135. Deputy Éamon Ó Cuív asked the Minister for Culture, Heritage and the Gaeltacht the allocation made to Údarás na Gaeltachta in each of the years 2010 to 2017 by capital and current allocations in tabular form; and if she will make a statement on the matter. [41103/17]
Amharc ar fhreagraThe information sought by the Deputy is outlined in the table:
|
Year |
Capital €m |
Current (Admin) €m |
Current (Programmes) €m |
Total €m |
|
2010 |
11 |
3.915 |
18 |
32.915 |
|
2011 |
6.0 |
10.3 |
3.3 |
19.6 |
|
2012 |
5.938 |
9.871 |
3.273 |
19.082 |
|
2013 |
6.0 |
9.009 |
3.4 |
18.409 |
|
2014 |
5.687 |
8.798 |
3.0 |
17.485 |
|
2015 |
6.687 |
8.798 |
3.0 |
18.485 |
|
2016 |
9.087* |
8.823 |
3.0 |
20.910 |
|
2017 |
8.187** |
8.958 |
3.250 |
20.395 |
* An additional capital allocation of €2.4m, arising from savings elsewhere in the Department’s Vote, was secured for an tÚdarás in 2016 and is included in the figure provided.
** An additional capital allocation of €1.5m, arising from savings elsewhere in the Department’s Vote, has been secured for an tÚdarás to date in 2017 and is included in the figure provided.
136. Deputy Éamon Ó Cuív asked the Minister for Culture, Heritage and the Gaeltacht the allocation made to Foras na Gaeilge in each of the years 2010 to 2017 by capital and current allocations in tabular form; and if she will make a statement on the matter. [41104/17]
Amharc ar fhreagraThe funding provided by my Department to Foras na Gaeilge over the period 2010-2016, along with the allocation for this year is set out in the Revised Estimates Volume 2017, relates to current expenditure only and is set out in the following table:
|
Year |
€ |
|
2010 |
15,458,996 |
|
2011 |
15,016,140 |
|
2012 |
14,563,603 |
|
2013 |
13,690,340 |
|
2014 |
12,711,090 |
|
2015 |
12,614,150 |
|
2016 |
12,527,548 |
|
2017 |
13,989,000 |
This funding comprises the Department's share of the budget approved by the North/South Ministerial Council, ringfenced funding for Clár na Leabhar Gaeilge and Colmcille in addition to one-off unmatched funding in 2016 and 2017.
137. Deputy Clare Daly asked the Minister for Culture, Heritage and the Gaeltacht her plans to review and revise the law on metal detecting here. [41115/17]
Amharc ar fhreagraI refer the Deputy to my reply to Parliamentary Question No. 120 on 27 September 2017. I have no plans to propose a change in the law in this regard.
138. Deputy Micheál Martin asked the Minister for Culture, Heritage and the Gaeltacht what attempts she made to secure funding to buy the Yeats collection for the State; and if she will make a statement on the matter. [41125/17]
Amharc ar fhreagra139. Deputy Micheál Martin asked the Minister for Culture, Heritage and the Gaeltacht if her departmental officials are of the view that the most recent Yeats memorabilia that has become available to auction should be bought by State; and if she will make a statement on the matter. [41126/17]
Amharc ar fhreagra140. Deputy Micheál Martin asked the Minister for Culture, Heritage and the Gaeltacht if she has received many requests for the Sate to buy the latest Yeats collection at auction; and if she will make a statement on the matter. [41127/17]
Amharc ar fhreagraI propose to take Questions Nos. 138 to 140, inclusive, together.
I am happy to confirm that I was able to support the National Library of Ireland and the National Museum of Ireland in acquiring a number of items in advance of the auction in London yesterday.
In July this year I agreed to provide funding of up to €500,000 to the National Library of Ireland to assist in the acquisition of more than 500 letters between W.B. Yeats and his wife George Yeats.
I also provided €150,000 to the National Museum of Ireland to assist in the acquisition of such items as the National Museum of Ireland deemed appropriate, including furniture and other artefacts.
These letters and other items were withdrawn from auction as a result.
This support is in addition to €518,000 which I provided in December 2016 to the National Library to assist in purchasing 10 signed letters from James Joyce to W.B. Yeats, the Dream Diary of W.B. Yeats's wife George and the Yeats Family Library.
Alongside these purchases, the National Library of Ireland has announced the forthcoming donation by the Yeats family of both the remaining Yeats family archive and items currently on loan to the National Library of Ireland for its Yeats exhibition.
These donations will be made under Section 1003 of the Taxes Consolidation Act 1997, the tax relief available in respect to donors of important national heritage items to the Irish national collections.
It is worth pointing out that the donation by the family of Yeats’ Nobel medal and certificate in 2016 along with the further donation of material which is currently being finalised will have a total value of almost €2.5m. This will mean that in total, over the past 2 years the State has acquired material from the Yeats family collection amounting to a total value of over €4 million.
The combined acquisitions of Yeats material by the National Library make the National Library the world's largest W.B. Yeats archive.
The National Gallery of Ireland, the Office of Public Works and the trustees of Muckross House in Killarney National Park were also successful in acquiring items at yesterday’s auction, and the various institutions have now published details of the items which they have acquired either at auction or in advance of it.
