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 Header Item Written Answers Nos. 61 - 80
 Header Item Fuel Allowance Applications
 Header Item Back to Education Allowance Eligibility
 Header Item Fuel Allowance Applications
 Header Item Air Services Provision
 Header Item Commemorative Events
 Header Item Íocaíochtaí Deontas
 Header Item Údarás na Gaeltachta Funding
 Header Item Inland Fisheries Issues
 Header Item Broadcasting Sector Regulation
 Header Item Security of the Elderly
 Header Item Building Regulations Amendments
 Header Item Private Rented Accommodation Standards
 Header Item Water and Sewerage Scheme Grants
 Header Item Departmental Programmes
 Header Item Traveller Accommodation
 Header Item Planning Issues
 Header Item Residency Permits
 Header Item Deportation Orders

Thursday, 6 December 2012

Dáil Éireann Debate
Vol. 785 No. 3

First Page Previous Page Page of 80 Next Page Last Page

Written Answers Nos. 61 - 80

Fuel Allowance Applications

 61. Deputy Bernard J. Durkan Information on Bernard Durkan Zoom on Bernard Durkan asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton if free fuel allowance is available in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [55039/12]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton In order to qualify for a fuel allowance a jobseeker’s allowance recipient must, in addition to a number of other qualifying conditions, have been in receipt of jobseeker’s allowance for over 390 days. The person concerned has been in receipt of jobseeker’s allowance for 240 days and therefore does not at present qualify for a fuel allowance.

Back to Education Allowance Eligibility

 62. Deputy Bernard J. Durkan Information on Bernard Durkan Zoom on Bernard Durkan asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton if back-to-education allowance is payable in lieu of unemployment assistance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter.  [55040/12]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton A back to education allowance application form must be completed in order to determine if a person has an entitlement to the allowance. According to the records of this Department, the person concerned has not applied for a back to education allowance.

Fuel Allowance Applications

 63. Deputy Bernard J. Durkan Information on Bernard Durkan Zoom on Bernard Durkan asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton when free fuel allowance will be paid in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [55041/12]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton The person concerned is in receipt of invalidity pension since 15 September 2011. In order to qualify for the national fuel scheme, applicants must satisfy a means assessment and be living alone or only with persons who satisfy specific criteria. On 24 May 2012, in order to determine entitlement to free fuel allowance, the person in question was requested to furnish details regarding means and his household composition. While household composition has now been confirmed, to date no correspondence has been received from him regarding the means enquiry. According to my department’s records, it appears that the claimant’s son has earnings from employment which exceed the limit allowed for entitlement to fuel allowance. However, once full and up to date information as requested from the person in question is received, their entitlement will be assessed and decided upon and the person will be notified directly of the outcome.

Air Services Provision

 64. Deputy Michael Healy-Rae Information on Michael Healy-Rae Zoom on Michael Healy-Rae asked the Minister for Arts, Heritage and the Gaeltacht Information on Jimmy Deenihan Zoom on Jimmy Deenihan if funding will be provided to maintain the service that Aer Arann provides to the Aran islands; and if he will make a statement on the matter. [54865/12]

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): Information on Dinny McGinley Zoom on Dinny McGinley As the Deputy may be aware, the current contract for provision of an air service for the Aran Islands is in place until 31 August 2013. No decision has been made in relation to renewal of the contract. The issue will be examined in the context of the budget available to my Department for the provision of island transport services for future years.

Commemorative Events

 65. Deputy Patrick O'Donovan Information on Patrick O'Donovan Zoom on Patrick O'Donovan asked the Minister for Arts, Heritage and the Gaeltacht Information on Jimmy Deenihan Zoom on Jimmy Deenihan if he will consider the possibility of engaging with the Northern Ireland Executive to discuss the possibility of the National Famine Commemoration being held on an all Ireland basis; if he will consider the holding of the national ceremony in conjunction with the Northern Ireland Executive in Northern Ireland; and if he will make a statement on the matter. [54844/12]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Information on Jimmy Deenihan Zoom on Jimmy Deenihan The National Famine Commemoration Committee was first established in 2008 following a Government decision to commemorate the Great Irish Famine with an annual national famine memorial day. I would like to emphasise that the National Famine Commemoration is, and will remain, an inclusive event, which recognises the significant impact of the famine on all communities on the island of Ireland. Indeed, in the context of the Deputy's Question, respected historians have pointed to the significant impact of the famine on Ulster as a whole. The main objective of the National Famine Commemoration Committee is to ensure that all victims of the Great Irish Famine are remembered in a dignified manner and, as Chair of this Committee, I will seek to ensure that this work continues.

The National Famine Commemoration Committee has agreed that the annual national commemoration should revolve between the four provinces of Ireland. The Deputy may be aware that the 2011 National Famine Commemoration was held in Ulster, in Clones, County Monaghan, at which President McAleese led the official representation. Attendance at the National Famine Commemoration is wide-ranging and in this regard, members of the Legislative Assembly in Northern Ireland, as well as organisations and individuals both North and South of the border, were invited to attend. In the two weeks leading up to the national event, the local community devised a programme of events which took place across Monaghan and Fermanagh. In addition, schools, North and South, were invited to hold a minute's silence in honour of the victims of the famine.

Members of the Northern Ireland Legislative Assembly were also invited to attend the 2012 National Famine Commemoration in Drogheda, County Louth and, indeed, the Deputy First Minister was among those who attended, together with a number of Northern Ireland Ministers. The 2015 National Famine Commemoration is due to take place in Ulster. I and the officials in my Department will be working with the Department of Foreign Affairs and Trade, the Department of the Taoiseach and all relevant stakeholders, North and South, to ensure that this event will be a fitting tribute to those who perished in Ulster during the Great Famine.

Íocaíochtaí Deontas

 66. D'fhiafraigh Deputy Éamon Ó Cuív Information on Éamon Ó Cuív Zoom on Éamon Ó Cuív den Aire Ealaíon, Oidhreachta agus Gaeltachta Information on Jimmy Deenihan Zoom on Jimmy Deenihan  cé mhéad deontas a ceadaíodh do Chomhar Chuigéil ó 2007 go dáta, cé mhéad deontas díobh sin a íocadh amach, cén méid den airgead a ceadaíodh atá fós gan tarraingt, céard a chaithfear a dhéanamh leis an airgead seo a fháil; agus an ndéanfaidh sé ráiteas ina thaobh.  [54958/12]

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): Information on Dinny McGinley Zoom on Dinny McGinley Seo a leanas sonraí na ndeontas atá ceadaithe do Chomhar Chuigéal Teo. faoi Scéimeanna Tacaíochta Gaeltachta mo Roinne ó 2007 go dáta:

Sonraí an deontais Ceadaithe

Íoctha

Fuílleach

Obair athchóirithe ar an gclós (2008) 30,582 20,182.06 10,399.94
Athchóiriú an chórais séarachais (2012) 18,222 0 18,222.00
Iomlán 48,804 20,182.06 28,621.94


  Sa chaoi is go mbeifear in ann fuílleach an dá dheontais thuasluaite a chúiteamh, bheadh gá bailchríoch a bheith curtha leis an ngné a bhaineann leis an ngníomhas cúnaint agus muirir. Tuigtear dom go bhfuil an t-ábhar seo á leanúint suas leis na páirtithe cuí. Maidir leis an deontas i leith an chórais séarachais, ní foláir don iarratasóir na coinníollacha eile a cuireadh leis an deontas ag am a cheadaithe a chomhlíonadh. Tuigtear dom go bhfuil sé sin mínithe don chomharchumann.

Údarás na Gaeltachta Funding

 67. D'fhiafraigh Deputy Éamon Ó Cuív Information on Éamon Ó Cuív Zoom on Éamon Ó Cuív den Aire Ealaíon, Oidhreachta agus Gaeltachta Information on Jimmy Deenihan Zoom on Jimmy Deenihan cén líon de na hiarfhostaithe atá amuigh ar pinsean ón Údarás atá 65 bliana d’aois nó os a cionn, cén líon atá idir 60 bliain d’aois agus faoi bhun 65 bliana d'aois agus cén líon atá faoi bhun 60 bliain d’aois agus cén méid airgid san iomlán a íocfar le gach grúpa acu seo i 2013 nó a íocadh i 2012, cad é líon na ndaoine i ngach grúpa atá ag fáil pinsin is mó na €50,000 sa mbliain; agus an ndéanfaidh sé ráiteas ina thaobh.  [54959/12]

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): Information on Dinny McGinley Zoom on Dinny McGinley Bunaithe ar eolas atá faghte ag mo Roinnse ó Údarás na Gaeltachta, tá na sonraí atá iarrtha ag an Teachta leagtha amach sa tábla thíos.

- Líon daoine Iomlán

pinsean

Líon daoine le pinsin os cionn €50,000 Asbhaintí a bhaineann le pinsin na seirbhíse poiblí

Pinsin tar éis asbhaintí

Líon daoine le pinsin os cionn €50,000 tar éis asbhaintí
Faoi 60 25 379,299.16 0 11,032.56 368,266.60 0
Idir 60-64 26 836,561.75 7 44,079.24 792,482.51 5
Os cionn 65 85 2,679,118.93 19 137,596.41 2,541,522.52 16
- 136 3,894,979.84 26 192,708.21 3,702,271.63 21

Inland Fisheries Issues

 68. Deputy Patrick O'Donovan Information on Patrick O'Donovan Zoom on Patrick O'Donovan asked the Minister for Communications, Energy and Natural Resources Information on Pat Rabbitte Zoom on Pat Rabbitte his plans to restructure the services and personnel of the Inland Fishery Service based in Limerick; if there is a personnel structure envisaged for the service; if there is a time frame for any potential restructuring of the service; and if he will make a statement on the matter. [54825/12]

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Fergus O'Dowd): Information on Fergus O'Dowd Zoom on Fergus O'Dowd Inland Fisheries Ireland (IFI) is a National Body, formed in July 2010 from an amalgamation of the former Central Fisheries Board and the 7 Regional Fisheries Boards. The establishment of IFI has facilitated more efficient and effective management of the inland fisheries resource. In addition it has brought to bear a national perspective to formulating policy which is more streamlined, coherent and integrated while at the same time retaining a regional focus essential to operational efficiency in managing often distinct diverse water based resources.

IFI has developed a proposal in relation to the overall future structure of the inland fisheries service. This proposal was developed in line with the requirements of the Workforce Planning Framework document issued by the Department of Public Expenditure and Reform (DPER). This proposal has been reviewed by my Department and has recently been submitted to DPER for consideration. IFI has committed to enter into a detailed consultative process with staff representatives regarding the detail of the proposal, once approval is received from DPER to proceed with the restructuring programme.

Broadcasting Sector Regulation

 69. Deputy Thomas P. Broughan Information on Thomas P. Broughan Zoom on Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources Information on Pat Rabbitte Zoom on Pat Rabbitte if he will list the State aid granted to community radio and television stations over the past five years 2008, 2009, 2010, 2011 and to date in 2012; and the amounts granted in supports for each individual station. [54902/12]

 70. Deputy Thomas P. Broughan Information on Thomas P. Broughan Zoom on Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources Information on Pat Rabbitte Zoom on Pat Rabbitte if he will include the amount of broadcasting time and other requirements in terms of production of local news and current affairs programmes by local community radio and television station; if he will set out the way those requirements have been fulfilled each year since 2008 by the community radio and television stations licensed by the Broadcasting Authority of Ireland and receiving grants or other financial supports from the State. [54903/12]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Information on Pat Rabbitte Zoom on Pat Rabbitte I propose to take Questions Nos. 69 and 70 together.

The Broadcasting Authority of Ireland (BAI) is assigned responsibility under Part 10 of the Broadcasting Act 2009 for the development, management and administration of the Broadcasting Funding Scheme. In line with the legislative provisions, the Scheme aims, inter alia, to develop local and community broadcasting. In operating the Scheme, the BAI introduces date-specific funding rounds for radio and television on an annual basis, the results of which are subsequently published on the BAI website.

The BAI is also responsible for the licensing of independent radio broadcasting services in Ireland, including the licensing of community broadcasters. An objective of the Authority, provided for under the Broadcasting Act 2009, is to stimulate the provision of high quality, diverse and innovative programming by community broadcasters. Part 6 of the 2009 Act sets out the licensing process for commercial, community, temporary and institutional radio services. Further information on this process is also available from the Authority. In this regard, I have forwarded the Deputy’s questions to the BAI and asked that they respond directly to him.

Security of the Elderly

 71. Deputy Michael Healy-Rae Information on Michael Healy-Rae Zoom on Michael Healy-Rae asked the Minister for the Environment, Community and Local Government Information on Phil Hogan Zoom on Phil Hogan the position regarding panic button alarms in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [54826/12]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Information on Phil Hogan Zoom on Phil Hogan The person referred to in the question has now been approved for a pendant alarm.  The installation of the alarm will be arranged by the local community and voluntary group in due course.

Building Regulations Amendments

 72. Deputy Paschal Donohoe Information on Paschal Donohoe Zoom on Paschal Donohoe asked the Minister for the Environment, Community and Local Government Information on Phil Hogan Zoom on Phil Hogan if he has considered the submission made by the Chartered Institute of Architectural Technologists regarding the forthcoming Building Control (Amendment) Regulation 2012; if he has been able to address same; and if he will make a statement on the matter. [54872/12]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Information on Phil Hogan Zoom on Phil Hogan Over 500 submissions have been received by my Department following the public consultation process on the proposed Building Control Amendment Regulations 2012 undertaken earlier this year.  All submissions received have been comprehensively considered and the Building Control (Amendment) Regulations 2012 are currently being finalised. My Department has met and corresponded with the executive of the Chartered Institute of Architectural Technologists in relation to concerns it raised in the context of the recent public consultation process which relate to the arrangements for the registration of architects and surveyors provided for under the Building Control Act 2007.

The Building Control Act 2007, among other things, provides at parts 3 and 5 respectively for the registration of persons entitled to use the title of Architect and Building Surveyor. A variety of routes to registration as either Architect or Building Surveyor are provided for, having regard to the academic qualifications, professional attainment and practical experience of prospective candidates for registration. Depending on their academic qualifications, professional attainments and practical experience members of CIAT can be considered for registration as architects and/or registration as Building Surveyors under the arrangements currently provided for under the Act.  I would encourage members of CIAT interested in signing the statutory certificates of compliance that will be introduced under the forthcoming Building Control regulations to explore and pursue the routes to registration which may be open to them having regard to their own professional background.

Private Rented Accommodation Standards

 73. Deputy Olivia Mitchell Information on Olivia Mitchell Zoom on Olivia Mitchell asked the Minister for the Environment, Community and Local Government Information on Phil Hogan Zoom on Phil Hogan with the remaining provisions of the Housing (Standards for Rented Houses) (Amendment) Regulations 2009 being introduced on 1 February 2013, if landlords will be subject to a fine in examples (details supplied); and if he will make a statement on the matter. [54952/12]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O'Sullivan): Information on Jan O'Sullivan Zoom on Jan O'Sullivan Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. Section 34 of the Housing (Miscellaneous Provisions) Act, 1992 as amended by the Housing (Miscellaneous Provisions) Act 2009, provides that any person who by act or omission, obstructs an authorised person in the lawful exercise of the powers, or contravenes a provision of, or a regulation made under, section 17, 18 or 20 of the 1992 Act, or fails to comply with an improvement notice, or re-lets a house in breach of a prohibition notice, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both. If the obstruction, contravention, failure to comply or re-letting is continued after conviction the person is guilty of a further offence and is liable, on summary conviction, to a fine not exceeding €400.

All landlords have a legal obligation to ensure that their rented properties comply with these regulations. Responsibility for enforcing the regulations rests with the relevant local authority, supported by a dedicated stream of funding allocated by my Department.

The Residential Tenancies Act 2004 provides the main regulatory framework for the private rented residential sector and for the operation of the Private Residential Tenancies Board (PRTB). The Act provides for minimum entitlements in relation to security of tenure based on four year tenancy cycles, known as a Part 4 tenancy. The Act also sets out the grounds for the termination of a Part 4 tenancy. However, the Act does not preclude a landlord giving rights to tenants in a tenancy agreement in addition to those provided for in the Act. Where additional security of tenure rights are given to a tenant in a tenancy agreement, the termination of those rights will depend on the terms of that agreement. The parties to a tenancy may refer any matter relating to the tenancy , in respect of which there is a dispute between them, to the PRTB for resolution.

Water and Sewerage Scheme Grants

 74. Deputy Éamon Ó Cuív Information on Éamon Ó Cuív Zoom on Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government Information on Phil Hogan Zoom on Phil Hogan his plans to increase the grants for group sewerage schemes; if there was any provision in budget 2013 to do so; and if he will make a statement on the matter. [54993/12]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Information on Phil Hogan Zoom on Phil Hogan The rate of grant available for Group Sewerage Schemes is €2,031.58 per house or 75% of the cost of the scheme, whichever is the lesser. The National Rural Water Services Committee, which has a role in advising me on rural water policy, proposed that the rate of grant be reviewed during 2012. As a result of a review carried out by my Department, I propose, in the first instance, to carry out a number of pilot schemes based on an increased grant level. My Department will ask local authorities to include in their requests for funding under the 2013 Rural Water Programme proposals for group sewerage schemes which might be viable if an increased grant was available. The selection of the pilot schemes and related funding arrangements will be completed as soon as possible after proposals have been received from local authorities in 2013.

Departmental Programmes

 75. Deputy Éamon Ó Cuív Information on Éamon Ó Cuív Zoom on Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government Information on Phil Hogan Zoom on Phil Hogan the amount of money spent under the Clár programme by his Department in each county each year since its inception; and if he will make a statement on the matter. [54994/12]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Information on Phil Hogan Zoom on Phil Hogan The information requested is being compiled and will be forwarded to the Deputy as soon as possible.

Traveller Accommodation

 76. Deputy Éamon Ó Cuív Information on Éamon Ó Cuív Zoom on Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government Information on Phil Hogan Zoom on Phil Hogan the budget allocation for traveller accommodation allocated by his Department each year since 2007; the amount of this expended each year; and if he will make a statement on the matter. [54995/12]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O'Sullivan): Information on Jan O'Sullivan Zoom on Jan O'Sullivan In accordance with the Housing (Traveller Accommodation) Act 1998, statutory responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller accommodation programmes, designed to meet the accommodation needs of Travellers, rests with individual housing authorities. My Department’s role is to ensure that there is an adequate legislative and financial system in place to assist the authorities in providing such accommodation. My Department provides 100% capital funding to housing authorities for Traveller-specific accommodation. Traveller families are also accommodated in local authority social housing dwellings, which are funded through the main local authority social housing programme. The capital allocations and amounts recouped in respect of Traveller-specific accommodation over the period 2007-2012 are set out in the following table.

YEAR
Allocation (€)
Amount Recouped (€)
2007
3 9 , 000 , 000
3 5 ,000,000
2008
40 ,000,000
35 ,000,000
2009
3 5 ,000,000
19,601,979
2010
3 5 ,000,000
16,108,693
2011
15 ,000,000
9,314,910
2012
6,000,000
*
   

*Outturn figures for 20 12 are not available at this time   

Furthermore, in recognition of the particular difficulties being experienced by the Traveller community, my Department has provided specific accommodation-related supports to operate in tandem with the capital programme. Funding has been provided in respect of:

 - 90% of the salary and expenses of social workers employed by local authorities and voluntary bodies to work with Travellers

 - a percentage of costs for the management and maintenance of halting sites, with a view to securing a high standard of up-keep on sites.

The amounts recouped to local authorities for these purposes since 2007 are set out in the following table.
YEAR
Allocation
2007

€7.11m
2008

€7.17m
2009

€7.17m
2010

€6.439m
2011

€7.001m
2012

€4m (allocation only)
   

Planning Issues

 77. Deputy Joanna Tuffy Information on Joanna Tuffy Zoom on Joanna Tuffy asked the Minister for the Environment, Community and Local Government Information on Phil Hogan Zoom on Phil Hogan the position regarding any recent audits of land zoned for housing and yet to be built on land that his Department has sought or had sight of; and if he will make a statement on the matter. [55020/12]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O'Sullivan): Information on Jan O'Sullivan Zoom on Jan O'Sullivan The Housing Land Availability Survey is an annual survey undertaken by my Department which seeks information from local authorities to inform the publication of the amount of zoned residential land in their areas that is currently serviced. The published data from the 2011 survey, which is available on my Department’s website www.environ.ie, indicates that there are currently 17,223 hectares of serviced residentially zoned land nationally. In addition, the background data from the 2011 survey indicates that there are currently 35,243 hectares of residentially zoned land nationally.

Residency Permits

 78. Deputy Bernard J. Durkan Information on Bernard Durkan Zoom on Bernard Durkan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the current and or expected residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [54838/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The person concerned is a failed asylum applicant. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 28th July, 2011, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Deportation Orders

 79. Deputy Aodhán Ó Ríordáin Information on Aodhán Ó Ríordáin Zoom on Aodhán Ó Ríordáin asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter if he will provide in tabular form the number of deportation orders signed under section 3 of the Immigration Act 1999 since its enactment; the numbers of those enforced and the number of those subsequently revoked under section 3 (11); and if he will make a statement on the matter.  [54881/12]

 80. Deputy Aodhán Ó Ríordáin Information on Aodhán Ó Ríordáin Zoom on Aodhán Ó Ríordáin asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter if he will provide in tabular form the number of persons granted leave to remain on humanitarian grounds under section 3 of the Immigration Act 1999 since its enactment; the number of such applications still pending; and if he will make a statement on the matter.  [54882/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I propose to take Questions Nos. 79 and 80 together.

  I am advised by the Irish Naturalisation and Immigration Service that in the period 1999 to 2012 (to end October) in accordance with the provisions of the Immigration Act 1999 a total of 20,163 deportation orders were signed, 6,275 persons were granted leave to remain, and 4,472 persons were removed from the State (this does not include persons who were refused leave to land at Irish ports of entry and subsequently removed from the State). The Deputy may not be aware that the making of a deportation order against a person requires him or her to leave the State. It is also believed that significant numbers of these persons have left the State. In the same period, a total of 150 deportation orders were revoked under section 3(11) of the Immigration Act (these figures relate to asylum cases only).

  A breakdown of the annual figures for deportation orders signed, persons granted leave to remain and persons deported for each of the past five years was provided in my reply to PQ Number 540 of 27 November 2012, the relevant portions of which I have appended for the Deputy’s information. I can further inform the Deputy that the number of deportation orders revoked in each year in the period 2008 to end October 2012 was 25, 14, 21, 15 and 18 respectively. The penultimate paragraph of my reply to PQ number 540 outlines the complexities of the process and accordingly why it is not possible to provide details of the status of the remaining caseload.

  It should be noted that the leave to remain figures provided also include persons granted leave to remain made in accordance with the principles set out in the Judgement of the European Court of Justice in the Zambrano case but not those granted leave to remain under the 2005 Irish Born Child Administrative Scheme or other arrangements in place prior to that time. Finally, I might add that I recently approved an initiative to put in place a panel with legal expertise who will assist the Irish Naturalisation and Immigration Service in processing a cohort of repatriation cases thus speeding up the overall process and reducing the time spent by persons in the Direct Provision system. I would expect to see significant dividends from this initiative in the coming months.

Extract from PQ reply to PQ number 540 of 27th   November 2012

  I can inform the Deputy that in the years 2008, 2009, 2010, 2011 and 2012 (to end the October) a total of 3,185, 5,037, 4,326, 2,471 and 1,779 notifications of intention to deport were issued by the Irish Naturalisation and Immigration Service (INIS). During the same period, 757, 1,077, 1034, 1334 and 1,234 deportation orders were signed and a total of 161, 338 343, 280 and 246 persons have been removed from the State together with 529, 539 461, 475 and 387 who have voluntarily returned to their country of origin. These figures do not include approximately 2,500 persons per annum who have been refused leave to land and are subsequently removed from the State.

  As outlined in my response to PQ Numbers 962, 968 and 971 of 18th April last, a total of 1,052, 512, 232, 1957 and 951 were granted leave to remain in accordance with the provisions of the immigration acts. The increase in the figures in 2011 and in 2012 to date is mainly due to the impact of the Zambrano judgement which was delivered by the European Court of Justice on 8th   March, 2011.

  With regard to the numbers evading deportation, it is difficult to produce precise figures. Persons against whom a deportation order has issued may for short periods fail to report to their local immigration office but many subsequently do so. In addition, I am informed that a significant number of persons who are the subject of a Deportation Order will have left the jurisdiction.

  The processing of cases at the repatriation stage is a complex one with obligations to adhere to both domestic and international law and to make decisions in accordance with the UN Convention on Human Rights.   The process can be a lengthy one often punctuated with judicial reviews taken by the applicants at various stages including at deportation stage. Accordingly, not all cases fit neatly into particular categories. For example, in the case of families, one member of the family may have lodged a judicial review which in turn may mean that the remainder of the family may not be processed until its outcome is determined. In addition, some applicants may also be party to an application under EU Treaty Rights or through marriage to an Irish citizen or may have been granted leave to remain as a result of these applications. Therefore, it is not possible to provide figures in respect of the remainder of the case load without engaging in a very detailed exercise which could not be justified as it would divert resources from case processing.


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