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 Header Item Written Answers Nos. 445-465
 Header Item Local Authority Funding
 Header Item Local Authority Housing Maintenance
 Header Item Community Development Initiatives
 Header Item Litter Pollution Legislation
 Header Item Planning Issues
 Header Item Tribunals of Inquiry Reports
 Header Item Garda Síochána Ombudsman Commission Issues
 Header Item Garda Síochána Ombudsman Commission Issues
 Header Item Coroners Service
 Header Item Crime Levels
 Header Item Victim Support Services
 Header Item Prisoner Discipline
 Header Item Garda Stations Closures
 Header Item Residency Permits
 Header Item Residency Permits
 Header Item Residency Permits
 Header Item Residency Permits
 Header Item Deportation Orders Data

Tuesday, 18 December 2012

Dáil Éireann Debate
Vol. 787 No. 3

First Page Previous Page Page of 96 Next Page Last Page

Written Answers Nos. 445-465

  Question No. 445 answered with Question No. 423.

Local Authority Funding

 446. Deputy Joan Collins Information on Joan Collins Zoom on Joan Collins asked the Minister for the Environment, Community and Local Government Information on Phil Hogan Zoom on Phil Hogan if his attention has been drawn to the fact that in the local government auditors statutory report on the accounts of Sligo County Council for the year ended 31 December 2011, the Sligo County Manager states that the council's 2012 budget was agreed on the assumption that a sum of €4 million income in the draft budget would arise through effective savings by way of redeployment or voluntary transfer opportunities and from a significant voluntary redundancy package; the county manager further stated that because of the exceptional nature of these matters it was decided to show the financial impact as income rather than for the €4 million to be reduced from budgeted payroll charges across all programmes; if at any time in advance of the council's draft budget being published in December 2011 his Department stated that a significant voluntary redundancy package would be introduced in 2012; if his attention has been drawn to the fact that the Sligo County Manager has stated that the 2012 financial outturn for the council is projected to be a deficit of approximately €2.5 million; if his Department has any role in ensuring that local authorities prepare realistic, achievable budgets; and if he will make a statement on the matter.  [56835/12]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Information on Phil Hogan Zoom on Phil Hogan I have received a copy of the audit report on the accounts of Sligo County Council for the year ended 31 December 2011. My Department has written to the County Manager in relation to the audit report and a reply is awaited.

Under the Local Government Act 2001, it is a matter for each local authority to prepare and adopt a balanced annual budget for the coming year. Local authorities are required to adopt budgets which are sufficient to meet the expenditure arising in the year in accordance with the terms of section 10A of the City and County Management Act 1955, as inserted in that Act by section 113 of the Local Government Act 2001.

Given Ireland’s commitment under the EU-IMF programme to reducing the overall size of the public service, the Government decided that targeted voluntary redundancy schemes, as provided for under the Public Service Agreement, may be considered when other options such as redeployment have been fully examined. In order to reach optimum recommended staffing levels, as quickly as possible, consistently across local authorities in the context of, inter alia, work force planning and the shared services programme, targeted voluntary exit mechanisms may be required to supplement redeployment. My Department is considering the requirement for voluntary exit mechanisms in consultation with the Department of Public Expenditure and Reform. Sligo County Council is in direct contact with the Public Appointments Service with regard to possible redeployment opportunities.

Local Authority Housing Maintenance

 447. Deputy Barry Cowen Information on Barry Cowen Zoom on Barry Cowen asked the Minister for the Environment, Community and Local Government Information on Phil Hogan Zoom on Phil Hogan the finance that is available for the retrospective upgrading of local authority housing to BER rating; and if he will make a statement on the matter. [56926/12]

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 line with overall national policy which promotes a reduction in energy use, the enhancement of energy efficiency standards remains a priority within my Department’s overall strategy for the improvement of local authority housing. Under the Department’s Social Housing Investment Programme, local authorities are allocated capital funding each year in respect of a range of measures to improve the standard and overall quality of their social housing stock. The programme includes a retrofitting measure aimed at improving the energy efficiency of older apartments and houses by reducing heat loss through the fabric of the building and the installation of high-efficiency condensing boilers.

Some €18 million was allocated to local authorities for this purpose in 2012. My Department provides a grant of up to €15,000 per dwelling, depending on the energy improvement achieved, for necessary works such as attic and wall insulation, the replacement of windows and external doors and the fitting of energy-efficient condensing boilers. Additional funding, to a maximum of €3,000, is available for other essential improvement works to the dwelling. Under this year’s improvement works programme, the focus remains on returning vacant properties to productive use. Given the constraints on new local authority housing supply, it is important that the existing stock of local authority housing is available and in fit condition to meet housing need.

While the objective is to improve the general standard of a local authority house and increase the Building Energy Rating (BER) to as high a level as possible, with C1 being the target figure, it may not be practicable to bring every dwelling to this standard, especially in the case of older stock. I intend to review the retrofitting measure, in the context of the work programme for 2013, with a view to possible changes to improve the effectiveness of the measure.

Community Development Initiatives

 448. Deputy Micheál Martin Information on Micheál Martin Zoom on Micheál Martin asked the Minister for the Environment, Community and Local Government Information on Phil Hogan Zoom on Phil Hogan his plans for the future of the Dodder Valley Partnership and CPLN area partnership including assurances regarding future funding, confirmation that there will be no reductions in services and proposals for the headquarters of the new partnership company; if he appreciates the need to assure the community in this matter; and if he will make a statement on the matter. [56931/12]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Information on Phil Hogan Zoom on Phil Hogan Following Government approval, I published the action programme for effective local government, Putting People First, which, inter alia, addresses the alignment of local and community development with local government. This involves an enhanced role for local government in local and community development and seeks to create greater efficiencies in structural arrangements and service delivery to the citizen, at local level.

In June 2012 my Department requested that CPLN Local Development Company, Dodder Valley Local Development Company and South Dublin County Council (SDCC) develop a plan to establish a single structure for Local and Community Development Programme (LCDP) delivery in the two areas in question. The new structure will operate within the SDCC boundary and will facilitate the generation of efficiencies; in the longer term it will allow a more effective sharing of resources, reducing overall administration and operating costs, while at the same time preserving the core, front-line element of the LCDP.

Following consultations between my Department, the Chairpersons, CEOs and Boards of Management of both companies and SDCC, an agreement was reached. This involves the establishment of a single Company to promote and deliver Local and Community Development Programmes in the South County Dublin Area. In advancing this work and the broader alignment initiative, I am concerned that the integrity of the local development model is appropriately protected as outlined in the Alignment Report.

Guidelines for the governance of all Local Development Companies were drawn up in 2007 and these include a structure for the Board of each Company. The Board structure of the new company will allow for a strong community presence commensurate with the catchment area for the merged entities.

Notwithstanding financial constraints on all programmes, some €49 million will be available for the Local Community Development Programme in 2013. While unavoidable reductions present challenges to all delivery bodies in managing their costs for 2013, I nevertheless expect that groups will continue to maintain key services and supports through prioritising resources at the front-line.

The location of the headquarters for the integrated company is a matter for the new Board of the company. However, Dodder Valley Partnership recently moved to County Hall, in Tallaght, and I understand that the headquarters of the newly integrated company will be based there with outreach offices providing services across the South County Dublin area.

Litter Pollution Legislation

 449. Deputy Micheál Martin Information on Micheál Martin Zoom on Micheál Martin asked the Minister for the Environment, Community and Local Government Information on Phil Hogan Zoom on Phil Hogan if he will provide funding to South Dublin County Council to allow the authority to continue to effectively tackle the scourge of graffiti which creates much upset in local communities; and if he will make a statement on the matter. [56932/12]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Information on Phil Hogan Zoom on Phil Hogan Management and enforcement responses to litter problems, including defacement by graffiti, are a primary responsibility of each local authority to be met from their existing resources. I am well aware of the major blight on communities caused by graffiti. To this end, and in order to support efforts to tackle graffiti, my Department provides funding to local authorities under the anti-litter and anti-graffiti awareness grant scheme to encourage long-term behavioural change in this regard. It is a matter for each local authority to apply for funding for suitable projects under this scheme. The grant allocation in 2012 for South Dublin County Council under the scheme was €35,000.

It is a matter for each local authority, in this case South Dublin County Council, to ensure that their functional area is, as far as practicable, kept free of litter, including graffiti. I am satisfied that local authorities have adequate powers under the Litter Pollution Acts 1997 to 2009 to tackle the problem of graffiti and adequate resources to discharge their responsibilities. Sections 19 and 20 of the 1997 Act empower local authorities to take action in relation to graffiti and, as necessary, to remove or otherwise remedy the defacement. Each local authority must determine the level of expenditure on individual local services as part of its annual estimates process and prioritise its resources accordingly.

Planning Issues

 450. Deputy Tony McLoughlin Information on Tony McLoughlin Zoom on Tony McLoughlin asked the Minister for the Environment, Community and Local Government Information on Phil Hogan Zoom on Phil Hogan if his attention has been drawn to the fact that local authorities are in many cases differing in their interpretation of the 2010 Planning Act which refers to the extension of time for planning permissions after their time limits have expired; and if he will make a statement on the matter.  [56943/12]

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 Section 28 of the Planning and Development (Amendment) Act 2010 amended Section 42 of the Planning and Development Act 2000 to provide that the duration of a planning permission may be extended where substantial works have not been done, or where the development has not even commenced, in cases where the planning authority is satisfied that there were considerations of a commercial, economic or technical nature beyond the control of the applicant which substantially militated against either the commencement of development or the carrying out of substantial works, pursuant to the planning permission (again provided that an application complying with the relevant Regulations was made before the expiration of the initial period).

This latter provision is, however, subject to the following qualifications: that the planning authority is satisfied that there have been no significant changes in the development objectives in the development plan or in regional development objectives in the Regional Planning Guidelines for the area of the planning authority since the date of the permission such that the development would no longer be consistent with the proper planning and sustainable development of the area; that the planning authority is satisfied that the development would not be inconsistent with the proper planning and sustainable development of the area, having regard to any guidelines issued by the nister under section 28, notwithstanding that they were so issued after the date of the grant of permission in relation to which an application is made under this section; and/or that the planning authority is satisfied where the development has not commenced, that an environmental impact assessment, or an appropriate assessment, or both of those assessments, if required, was or were carried out before the permission was granted.

This means that in cases where substantial works have not been carried out, and where the relevant development plan objectives or the objectives in the relevant regional planning guidelines have changed since the permission was granted to the extent that the development in question would no longer be consistent with the proper planning and sustainable development of the area, the duration of the permission will not be extended. However, the previous provision remains in the Planning and Development Act 2000, whereby an extension of permission is automatically given on application, in a case where substantial works have been carried out within the original duration (subject only to the condition that an application complying with the relevant Regulations was made before the expiration of the initial period).

I consider that the amendment made in 2010 strikes an appropriate balance and that in cases where substantial works have not been carried out the duration of permission should not be extended in respect of developments for which the planning authority would now refuse permission in respect of current applications. I have no plans to further amend the Act in this regard.

Tribunals of Inquiry Reports

 451. Deputy Micheál Martin Information on Micheál Martin Zoom on Micheál Martin asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the progress that has been made in relation to the implementation of recommendations arising from the Moriarty Tribunal; and if he will make a statement on the matter. [56535/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The Moriarty Tribunal made two recommendations for changes to company law, as follows: that a provision similar to section 172 of the UK Companies Act, 2006 be adopted, together with the adoption of additional implementation or enforcement measures; and that consideration be given by the Oireachtas, and/or by the Company Law Review Group, to enacting provisions similar to those contained in Part 14 of the UK Companies Act 2006, governing the control of political donations and expenditure.

The Government considered that provisions in the forthcoming Companies Bill, which will consolidate and give a statutory footing to the duties of directors, meet the objectives of the first recommendation above. The first, and main, part of the Companies Bill, including the provisions on directors’ duties, was published in “soft copy” in May 2011. With regard to the second recommendation above, provisions restricting corporate donations are contained in the Electoral Amendment (Political Funding) Act 2012, which comes within the remit of the Minister for the Environment, Community and Local Government.

Garda Síochána Ombudsman Commission Issues

 452. Deputy Pádraig Mac Lochlainn Information on Pádraig MacLochlainn Zoom on Pádraig MacLochlainn asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter if there is a standard Garda protocol or policy for dealing with sudden death, suicide, homicide and death in suspicious circumstances; if Gardaí have access to this; and if this is available to the public.  [56199/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I am informed by the Garda authorities that the protocol for An Garda Síochána for dealing with situations of sudden death or deaths of unknown causes is set out in the Coroners Act 1962. It is Garda policy to appoint a Family Liaison Officer to act as a liaison with the family of victims of murder, manslaughter, homicide, kidnapping, victims of fatal traffic collisions and in relation to crimes which result in life changing injuries or other crimes where the District Officer (Superintendent) deems it necessary to appoint a liaison officer. The Family Liaison Officer will provide the immediate family with timely and accurate information on the progress of a Garda investigation.

Garda Síochána Ombudsman Commission Issues

 453. Deputy Pádraig Mac Lochlainn Information on Pádraig MacLochlainn Zoom on Pádraig MacLochlainn asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter if all gardaí are trained in scene management.  [56200/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I am informed by the Garda authorities that all Gardaí are trained in preserving/managing scenes of crime as part of their initial Garda training.

Coroners Service

 454. Deputy Pádraig Mac Lochlainn Information on Pádraig MacLochlainn Zoom on Pádraig MacLochlainn asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the number of deaths reported to coroners in each county during each of the past three years in tabular form. [56201/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The number of deaths reported to coroners country-wide in each of the years 2009, 2010 and 2011 was 14,228, 14,883 and 13,904 respectively. The breakdown of these figures according to coroners' districts is available in tabular form on www.coroners.ie under the publications tab.

Crime Levels

 455. Deputy Pádraig Mac Lochlainn Information on Pádraig MacLochlainn Zoom on Pádraig MacLochlainn asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the number of homicides in each county during each of the past three years in tabular form. [56202/12]

 456. Deputy Pádraig Mac Lochlainn Information on Pádraig MacLochlainn Zoom on Pádraig MacLochlainn asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the number of unsolved homicides in each county. [56203/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I propose to take Questions Nos. 455 and 456 together.

  I am informed by the Garda authorities that the following tables show the number of manslaughter and murder incidents recorded and undetected by Garda Division for the years 2009 to 2011 and in 2012 up to 13 December. It should be noted that not all Garda Divisions align exactly with county boundaries. The figures provided are operational and liable to change. As the Deputy will appreciate, it is expected that the number of detections will increase over time as Garda investigations are concluded and proceedings commenced.

  I am further informed that all outstanding incidents are under active investigation, or are before the Courts and members of An Garda Síochána are utilising all available legislation to pursue these crimes. I will continue to support the Gardaí in their work to investigate and detect these offences.

Number of Homicide Incidents Recorded and Undetected by Garda Division in 2012, up to 13 December

Division
Manslaughter
Murder
Undetected
Cavan/Monaghan
1
2
1
Clare
0
1
1
Cork City
2
2
0
Cork North
0
1
0
D.M.R. North Central
0
3
0
D.M.R. Northern
0
5
2
D.M.R. South Central
2
3
1
D.M.R. Southern
0
3
1
D.M.R. Western
0
5
1
Donegal
0
2
2
Kerry
0
2
1
Kildare
0
3
3
Kilkenny/Carlow
0
3
0
Laois/Offaly
0
2
1
Limerick
0
1
0
Louth
0
3
2
Mayo
0
1
0
Roscommon/Longford
0
1
0
Sligo/Leitrim
0
1
0
Tipperary
1
2
1
Waterford
0
3
0
Wexford
0
2
0
Total
6
51
17


Number of Homicide Incidents Recorded and Undetected by Garda Division in 2011
Division
Manslaughter
Murder
Undetected
Cavan/Monaghan
0
2
0
Clare
0
2
0
Cork City
0
3
1
Cork North
0
1
0
Cork West
0
2
0
D.M.R. North Central
0
1
0
D.M.R. Northern
1
4
3
D.M.R. South Central
1
4
1
D.M.R. Southern
0
1
0
D.M.R. Western
0
5
2
Galway
0
3
0
Kerry
0
1
0
Laois/Offaly
0
1
0
Limerick
0
4
0
Louth
0
2
0
Mayo
0
1
0
Meath
1
0
0
Roscommon/Longford
0
1
0
Westmeath
0
1
0
Wexford
0
2
0
Total
3
41
7


Number of Homicide Incidents Recorded and Undetected by Garda Division in 2010
Division
Manslaughter
Murder
Undetected
Cavan/Monaghan
0
1
0
Cork City
1
3
1
Cork North
0
3
0
D.M.R. Eastern
0
1
0
D.M.R. North Central
1
3
1
D.M.R. Northern
1
7
4
D.M.R. South Central
1
2
0
D.M.R. Southern
0
2
0
D.M.R. Western
0
14
6
Kildare
2
1
0
Laois/Offaly
0
1
0
Limerick
0
7
1
Louth
0
4
2
Meath
1
0
0
Sligo/Leitrim
1
0
0
Tipperary
0
1
0
Waterford
0
2
0
Wicklow
0
3
1
Total
8
55
16


Number of Homicide Incidents Recorded and Undetected by Garda Division in 2009
Division
Manslaughter
Murder
Undetected
Clare
1
1
0
Cork City
0
2
0
Cork North
1
0
0
Cork West
0
1
0
D.M.R. Eastern
0
1
0
D.M.R. North Central
3
3
0
D.M.R. Northern
1
4
4
D.M.R. South Central
0
1
0
D.M.R. Southern
0
4
1
D.M.R. Western
0
13
10
Donegal
0
1
0
Galway
0
2
0
Kerry
0
2
0
Kildare
0
1
1
Kilkenny/Carlow
0
2
0
Laois/Offaly
0
2
0
Limerick
1
4
1
Mayo
0
2
0
Meath
0
1
0
Tipperary
0
2
1
Wexford
2
1
0
Wicklow
0
4
0
Total
9
54
18
Note: None of the manslaughter incidents recorded for the period in question are undetected, so the figures given for undetected incidents refer to murders.

Victim Support Services

 457. Deputy Pádraig Mac Lochlainn Information on Pádraig MacLochlainn Zoom on Pádraig MacLochlainn asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the support available from the authorities for the families of homicide victims. [56204/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter An Garda Síochána endeavours to ensure that all families of murder victims or victims of other unlawful killing are kept fully informed. The local Garda Superintendent keeps contact directly with the family and any organisation supporting victims that they have asked to help.   An Garda Síochána keeps up contact between the families, the investigating Garda and any relevant support organisation through a named Garda Family Liaison Officer from the investigation team throughout the case. The Commission for the Support of Victims of Crime, an independent body working under the aegis of my Department, has provided grants to two voluntary sector organisations supporting families of victims of homicide. The total amount granted to these organisations since 2005 is of the order of €450,000.

Prisoner Discipline

 458. Deputy Tom Fleming Information on Tom Fleming Zoom on Tom Fleming asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the number of mobile telephones that were seized from inmates in each prison here in 2008, 2009, 2010, 2011 and to date in 2012. [56208/12]

 459. Deputy Tom Fleming Information on Tom Fleming Zoom on Tom Fleming asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the measures he has taken to clamp down on the use of mobile telephones in prisons; and if he will make a statement on the matter. [56209/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I propose to take Questions Nos. 458 and 459 together.

  The information requested by the Deputy on the number of mobile phone seizures in the years 2008 to date is set out in the table.

Prison/Place of Detention
2008
2009
2010
2011
2012 (25.11.12)
Arbour Hill
3
2
1
2
1
Castlerea
106
70
43
42
24
Cloverhill
128
41
16
20
29
Cork
64
27
13
30
10
Dóchas Centre
55
40
12
42
10
Limerick
292
309
133
100
119
Loughan House
58
78
155
104
53
Midlands
136
87
92
123
78
Mountjoy (Male)
580
904
742
420
304
Portlaoise
41
48
18
27
3
Shelton Abbey
72
103
88
77
80
St. Patrick's Institution
160
121
138
220
265
Training Unit
120
116
191
113
54
Wheatfield
232
228
76
48
17
Total
2,047
2,174
1,718
1,368
1,047


  Section 36 of the Prisons Act, 2007, which was brought into operation on 1 May, 2007, makes it an offence for prisoners to have unauthorised possession of or use of mobile telecommunication devices. Under the Act it is also an offence to supply such a device to a prisoner. The penalties for such an offence, on summary conviction, include a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both. It is Irish Prison Service policy to report and hand over seizures of mobile phones to the Gardaí.

  Cell and area searches for contraband such as mobile phones take place in all prisons on a daily basis. These include random, targeted and intelligence led searches. These searches have been particularly effective and local intelligence indicates that the availability of mobile phones has decreased across the prison system. As the Deputy can see the number of mobile phones seized in prisons has reduced, year on year, from 2009 and given the figure for the year to date it is expected that the final figure for 2012 will show a further decrease . This is as a direct consequence of the security measures introduced, including airport style scanners and x-ray machines, which are in operation at the entrances of all the relevant closed prisons.

Garda Stations Closures

 460. Deputy Terence Flanagan Information on Terence Flanagan Zoom on Terence Flanagan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the position regarding the closure of Garda stations (details supplied); and if he will make a statement on the matter. [56222/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The Commissioner's Policing Plan for 2013, which I laid before both Houses of the Oireachtas on 5th December 2012, sets out details of the closure of 100 Garda stations throughout the country, the future opening hours of other stations in Cork and Dublin and a number of District amalgamations. It is important to remember that while some Garda stations are listed for revised opening hours from 24 hour stations, they will remain as functioning Garda stations on a 24 hour basis. The full list of these details is available in the Policing Plan which is available in the Oireachtas Library. The Garda station mentioned by the Deputy is not listed for closure.

Residency Permits

 461. 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 progress made to date in the determination of residency entitlement to naturalisation in the case of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [56232/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The person concerned has been granted leave to remain in the State for a three year period following the consideration of her case under Section 3 (6) of the Immigration Act 1999 (as amended). This decision was conveyed in writing to the person concerned by letter dated 12th December, 2012. This communication advised the person concerned that her leave to remain decision will become operative once she completes the necessary registration process.

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.

Residency Permits

 462. 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 if he will set out the sequence of events and progress made to date in the determination of residency status and or eligibility for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter.  [56233/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The person concerned applied for asylum on 24 October, 2005. She has given birth to two children in Ireland. The first child was born on 19 January, 2006. Another child was born on 2 October, 2008. Both children claimed asylum in this State on 1 June, 2010.

  An interview under section 11 of the Refugee Act took place on 29 November, 2005 in relation to the person concerned with the Office of the Refugee Applications Commissioner. A report pursuant to section 13(1) of the Refugee Act, 1996 was compiled on 30 November, 2005 and recommended that the person concerned be refused a declaration of refugee status. The person concerned was informed of this recommendation by letter dated 2 December, 2005.

  Two separate interviews under section 11 of the Refugee Act took place on 30 June, 2010 in relation to the children with the Office of the Refugee Applications Commissioner. Two separate reports pursuant to section 13(1) of the Refugee Act, 1996 were compiled on 30 November, 2005 and recommended that the children be refused a declaration of refugee status. The children were informed of these recommendations by letters dated 13 July, 2010.

A letter was sent to the person concerned from the Department dated 14 October, 2009 informing her that it was proposed to make a Deportation Order in respect of her. Similar letters were sent to the children on 14 October, 2010. The letters outlined the three options open to each applicant, one being to make written representations to the Minister under Section 3 of the Immigration Act, 1999 (as amended) setting out the reasons as to why Deportation Orders should not be made. Each applicant   was given fifteen working days to respond. Deportation Orders were made in respect of the person concerned and the children on 23 November, 2011.

  Judicial Review proceedings were instituted on 7 December, 2011 and were struck out on consent on 22 October, 2012. It was agreed to revoke the Deportation Order against the person concerned only. It was further agreed that fresh representations pursuant to section 3 of the Immigration Act 1999 (as amended) will be considered. An undertaking not to deport has been given until the determination on the fresh representations and the Applicants’ solicitor was notified of same.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the 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 this information through the more administratively expensive Parliamentary Questions process.

Residency Permits

 463. 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 progress made to date in the matter of determination of eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [56236/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I am advised by the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in November, 2011.

  The application 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, and will be submitted to me for decision as expeditiously as possible. As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

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

Residency Permits

 464. 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 if he will review or revoke the decision in respect of residency or asylum in the case of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [56246/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter There is currently no application pending in my Department for residency in the case of the person whose details were supplied.

If an application for asylum has been made by the person concerned, the Deputy will be aware that it is not the practice to comment on applications which have not completed this process. All applications for refugee status are considered on their individual merits on a case by case basis having regard to the subjective and objective elements of the claim.

Deportation Orders Data

 465. 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 if he will accept a submission as a request for reconsideration and deferred of deportation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [56247/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The person concerned arrived in the State in March, 2011. As she did not have any legal basis to remain in the State, she was, in accordance with the provisions of Section 3 of the Immigration Act 1999, notified, by letter dated 26th November, 2012, that the Minister proposed to make a Deportation Order in respect of her. She 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 she should not have a Deportation Order made against her. To date, no representations have been received from, or on behalf of, the person concerned.

  Once the 15 working day period referred to in my Department's letter dated 26th November, 2012 has expired, the position in the State of the person concerned will 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.   Any 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.


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