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 Header Item Written Answers Nos. 273-287
 Header Item Court Procedures
 Header Item Visa Numbers
 Header Item EU Directives
 Header Item Court Accommodation Provision
 Header Item Residency Permits
 Header Item Residency Permits
 Header Item Naturalisation Applications
 Header Item Naturalisation Applications
 Header Item Deportation Orders Issues
 Header Item Residency Permits
 Header Item Deportation Orders Issues
 Header Item Deportation Orders Issues
 Header Item Deportation Orders Issues
 Header Item Residency Permits
 Header Item Naturalisation Applications

Tuesday, 15 October 2013

Dáil Éireann Debate
Vol. 817 No. 1

First Page Previous Page Page of 89 Next Page Last Page

Written Answers Nos. 273-287

Court Procedures

 273. Deputy Thomas P. Broughan Information on Thomas P. Broughan Zoom on Thomas P. Broughan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter further to Parliamentary Questions Nos 138 of 26 September 2012 and 426 of 8 October 2013, if he will provide a breakdown of the courts in the 24 districts managed by the Courts Service that are enforcing section 63 of the Road Traffic Act 2010; and the level of enforcement taking place in each of those districts. [43556/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter As the Deputy is aware, the Courts Service has put in place arrangements to ensure that summonses issued since May 2012 include wording to advise persons charged with an offence under the Road Traffic Acts to bring their driving licence together with a photocopy of the licence when they are attending court. The conduct of any case before a court is a matter for the presiding judge. I am informed that the Courts Service has communicated with the judiciary to facilitate an arrangement whereby defendants who appear before the court are requested in court to produce their driving licence, and a copy thereof, to the court registrar for the purpose of having the driving licence number recorded. In this regard, where in accordance with the directions of the judge, a licence is produced in any District Court throughout the country to the court registrar, the licence details are recorded.

  The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of statistics. However, in order to be of assistance to the Deputy, I have had enquiries made and the table below provides a breakdown of the number of defendants convicted of penalty point offences and the number of driving licences recorded in each Court District in respect of those convictions for the period March 2012 to August 2013.

District Number No. of defendants convicted No. of driving licence numbers recorded % of Licences

(rounded to nearest %)
1 - Donegal 175 29 17%
2 - Sligo/Donegal/Leitrim 337 75 22%
3 - Mayo 95 22 23%
4 - Roscommon / Galway 675 180 27%
5 - Cavan / Monaghan 236 41 17%
6 - Drogheda / Dundalk 372 57 15%
7 - Galway 412 122 30%
8 - Tipperary 110 30 27%
9 - Westmeath / Longford 470 173 37%
10 - Meath/Louth 251 53 21%
12 - Clare 395 110 28%
13 - Limerick 831 230 28%
15 - Laois /Offaly 363 103 28%
16 - Wicklow 664 123 19%
17 - Kerry 205 38 19%
18 - West Cork 335 129 39%
19 - Cork City 1,243 436 35%
20 - North / East Cork 658 164 25%
21 - South Tipperary /West Waterford 195 61 31%
22 - Carlow / Kilkenny 456 103 23%
23 - Wexford 526 311 59%
24 - Waterford City 383 104 27%
25 -Kildare 777 148 19%
Dublin Metropolitan District 6,329 3,811 60%
TOTAL 16,493 6,653 40%
  Note: The Courts Service report does not include convictions in respect of mandatory court appearances. Where a defendant appeared in court in a District on more than one occasion the defendant is recorded once on the report.

Visa Numbers

 274. Deputy Thomas P. Broughan Information on Thomas P. Broughan Zoom on Thomas P. Broughan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the number of student and work visas that were granted to workers from outside the European Economic Area in 2012 and to date in 2013.  [43557/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The Deputy may wish to note that not all non-EEA nationals are required to be in possession of a visa in order to travel to Ireland for work or study. Many thousands of persons from countries such as the United States of America and Brazil currently working or studying in the State fall into this category.

In relation to visa required non-EEA nationals, I am advised by the Irish Naturalisation and Immigration Service of my Department that the number of study visas granted in 2012 and to end-September 2013 was just under 7,000 and 7,500 respectively.

The Deputy may also wish to note that the holder of a Student visa, who is registered on a "Stamp 2" student permission, is allowed access to the Irish labour market without the need for an employment permit from the Department of Jobs, Enterprise and Innovation. That access is limited to 20 hours per week during academic terms and 40 hours per week during college holidays.

It is not possible to show separately figures solely for visas for the purpose of employment as data relating to employment visas are aggregated with a number of other categories such as short term business, conference and business permission visas, visas for medical professionals and event/performance visas.

EU Directives

 275. 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 the Government intends to opt in to the new EU directive on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings.  [43579/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The Directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty was formally adopted on 7 October 2013 by the Council of the European Union.

Ireland did not exercise its option under Article 3 of Protocol 21 to the Lisbon Treaty to participate in the adoption of the measure when the proposal was presented by the European Commission in 2011. Under Article 4 of the Protocol, Ireland may at any time following the adoption of a measure by the Council notify the Council and the European Commission that it wishes to accept that measure.

Such acceptance is subject to the Commission being satisfied that the conditions necessary for participation in the measure have been fulfilled. The question of pursuing this course of action remains open.

Court Accommodation Provision

 276. Deputy Gerald Nash Information on Gerald Nash Zoom on Gerald Nash asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter when he expects the new courthouse in Drogheda, County Louth to be fully operational; if he and the Courts Service envisage that the new development will facilitate sittings of the Circuit Court; the overall cost of the project; and if he will make a statement on the matter.  [43596/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter In July 2012 the Government announced an infrastructure stimulus package which includes seven courthouse projects in Drogheda, Wexford, Mullingar, Waterford, Limerick, Cork and Letterkenny.

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions. In order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that they are currently working with the National Development Finance Agency and Office of Public Works with a view to bringing these projects to the market shortly. The projects are to be procured and delivered through a Public Private Partnership.

In relation to the proposed Drogheda Courthouse project, the Service has stated that the design provides a level of flexibility by including two courtrooms, one of which is a jury courtroom, which would make the courthouse suitable for use by all court jurisdictions. It is envisaged that the new courthouse will be open in 2016. The Service has confirmed that there will be no up-front capital expenditure on the project. As it is a Public Private Partnership project, it will be paid for by means of regular unitary charges over a period of time.

Residency Permits

 277. 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 procedures to be followed to validate residency status and update Stamp 4, in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter.  [43610/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The person concerned was granted temporary permission to remain in the State on 3 January, 2001 under the arrangements then applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005. This permission was renewed on a regular basis up until 4 October, 2013.

The person concerned sought to have his permission renewed for a further period by the Garda National Immigration Bureau (GNIB) recently. However, I am informed that due to concerns regarding his family situation, and as he was not in possession of a valid passport, his permission was renewed for three months only, until 14 January, 2014. This was in order to allow him to write to the Irish Naturalisation and Immigration Service (INIS) in my Department to outline his situation. A written request was received by my officials from the person concerned on 10 October, 2013. On the same day further documentation was requested from him by my officials. When the requested documentation is submitted, his case will be given further consideration.

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

 278. 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 procedures to be followed to correct the date of birth recorded on her Stamp 4 in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter.  [43611/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The person concerned, through her legal representative, has made a request to have her personal details amended on Irish Naturalisation and Immigration Service (INIS) records to match those detailed on her national passport. This request is under consideration at present. Once the consideration of this request has been completed, and a decision arrived at, this decision will be conveyed in writing to the person concerned and, as is INIS custom and practice, the decision will be copied to the relevant legal representative at the same time.

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

Naturalisation Applications

 279. 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 and any procedures yet to be pursued in order to determine residency and eligibility for naturalisation in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [43612/13]

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 a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. I am informed that this application is now at an advanced stage of processing and will be submitted to me for decision shortly.

The Deputy may wish to note that 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 established specifically 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.

Naturalisation Applications

 280. 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 procedures to date and yet to be followed in examination and determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [43613/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I am advised that an application for a certificate of naturalisation from the person referred to by the Deputy was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) of my Department and I decided to refuse the application. The person concerned was informed of this and the reasons for it in a letter issued on 17th September, 2013.

It is open to the person in question to lodge a new application if and when he is in a position to meet the statutory residency requirements applicable at that time.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

The Deputy may wish to note that 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.

Deportation Orders Issues

 281. 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 extent to which extension of residency and medium to long term residency can be facilitated in the case of a person (details supplied) in County Dublin 22; and if he will make a statement on the matter. [43614/13]

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 15th February, 2012, 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 written 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 final 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 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.

Residency Permits

 282. 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 procedure to be followed to regularise residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [43615/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I have been advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy registered with the Garda National Immigration Bureau on student conditions on 22 June 2010. There is no record of his presence in the State prior to that date. This person's permission expired on 14 November 2012. It would appear, therefore, that the person concerned is unlawfully present in the State and should make arrangements to leave the State.

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.

Deportation Orders Issues

 283. 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 further to Parliamentary Questions Nos 198 of 26 September 2013 and 549 of 2 July 2013, the procedure to be followed to validate residency in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [43616/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I have outlined details in relation to the person concerned to the Deputy in previous Parliamentary Questions. The situation remains unchanged.

The person concerned is the subject of a Deportation Order and one of the stipulations of the Order is that the person must present to the Garda National Immigration Bureau. To date he has not presented.

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 Issues

 284. 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 undertake a review of the residency status in the case of a person (details supplied) in Dublin 2 having particular regard to the time elapsed since the original determination of residency entitlement; and if he will make a statement on the matter. [43617/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order and therefore has no right to residency/naturalisation in the State. The Deportation Order was made following a comprehensive and thorough examination of his asylum claim and of his application to remain temporarily in the State.

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 Issues

 285. 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 extent to which the residency status will be regularised and updated on humanitarian grounds in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [43618/13]

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 26th May, 2010, that the then 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 written representations to the then 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 initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in his case. His judicial review leave application was refused by the High Court on 13th May, 2013 meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood.

The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be fully considered before a final decision is made. Once a final 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 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.

Residency Permits

 286. 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 when it is expected residency status will be updated and Stamp 4 issued in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter.  [43624/13]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I have been advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for the person mentioned by the Deputy has been granted and the passport has been returned to the applicant.

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.

Naturalisation Applications

 287. 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 to date in the determination of residency status and or eligibility for naturalisation in the case of persons (details supplied) in Dublin 24; and if he will make a statement on the matter. [43625/13]

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) of my Department that applications for a certificate of naturalisation have been received from the persons referred to by the Deputy and their daughter.

The applications are being processed with a view to establishing whether the applicants meet 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.

The Deputy may wish to note that 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 established specifically 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.


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