194. Deputy Willie Penrose asked the Minister for Justice and Equality if his attention has been drawn to the fact that private early years services providing full day ECCE, free preschool, are exempt from rates while those providing full day care services or afterschool services are obliged to pay commercial rates; if he has had contact with the Department of Children and Youth Affairs with a view to standardising the non-payment of rates by all early years services providers; if an equalisation grant to offset the cost of commercial rates can be provided to providers for which it is not possible to remove the rates obligation; and if he will make a statement on the matter. (Question 54012/17 asked on 14 Dec 2017 - Commercial Rates)

Minister for Justice and Equality (Deputy Charles Flanagan): I should point out that the Commissioner of Valuation is independent in the exercise of his duties under the Valuation Act 2001, as amended, and the making of valuations for rating purposes is his sole responsibility. I, as Minister for Justice and Equality, have no function in decisions in this regard. 
The Valuation Act, 2001 as amended by the Valuation (Amendment) Act 2015 provides that all buildings used or developed for any purpos...

195. Deputy Róisín Shortall asked the Minister for Justice and Equality if his attention has been drawn to reports that the Government is seeking to delay the implementation of European Union Work-Life Balance Directive; his views on the fact that Ireland is one of only six EU member states to not offer employer paid paternity leave; his plans to address this anomaly in respect of the implementation of the directive; and if he will make a statement on the matter. (Question 54181/17 asked on 14 Dec 2017 - EU Directives)

Minister of State at the Department of Justice and Equality (Deputy David Stanton): I propose to take Questions Nos. 195 and 218 together.
As the Deputy is aware, on 26 April 2017, the European Commission initiated a Proposal for a Directive of the European Parliament and of the Council on work-life balance for parents and carers and repealing Council Directive 2010/18/EU. The Directive is part of a package of measures aimed, inter alia, at addressing the underrepresentation of women in employm...

196. Deputy Imelda Munster asked the Minister for Justice and Equality the number of departmental staff by departmental premises and within statutory bodies within his remit and their grades employed in Drogheda. (Question 53533/17 asked on 14 Dec 2017 - Departmental Staff Data)

Minister for Justice and Equality (Deputy Charles Flanagan): The table sets out the information requested by the Deputy.
 Offices of the Department and Statutory Bodies under the remit of the Minister based in Drogheda Number of Officers Grade/Rank Premises/Address 3 Probation Officer 2 Clerical Officer Probation Service, Department of Justice and Equality 1 Community Service Supervisor 23 Laurence Street, Drogheda, Co. Louth.DroghedaLouth 84 Garda 15 Sergeant 2 I...

197. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the status of permission to work and attend college for persons (details supplied); and if he will make a statement on the matter. (Question 53541/17 asked on 14 Dec 2017 - Immigration Status)

Minister for Justice and Equality (Deputy Charles Flanagan): If an application for asylum or subsidiary protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant or their designated legal advisor should contact the International Protection Office directly either by email to info@ipo.gov.ie, by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protecti...

198. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. (Question 53553/17 asked on 14 Dec 2017 - Immigration Status)

Minister for Justice and Equality (Deputy Charles Flanagan): I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned. 
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration A...

199. Deputy Brendan Howlin asked the Minister for Justice and Equality the Acts, or parts of Acts, awaiting commencement within his area of statutory responsibility; the reason for the delay in the commencement of each; and if he will make a statement on the matter. (Question 53572/17 asked on 14 Dec 2017 - Commencement of Legislation)

Minister for Justice and Equality (Deputy Charles Flanagan): I wish to confirm to the Deputy that the information sought cannot be provided in the time allowed. As soon as the information has been collated I will write to the Deputy on the matter.
 ...

200. Deputy Michael McGrath asked the Minister for Justice and Equality his views on the criticisms made of the Prison Service in a report (details supplied) concerning the transfer of a certain prisoner. (Question 53582/17 asked on 14 Dec 2017 - Prison Service)

Minister for Justice and Equality (Deputy Charles Flanagan): I wish to advise the Deputy that the Director General of the Irish Prison Service accepted in full the recommendations contained in the Report of the Commission of Investigation into the Death of Gary Douche. 
The Irish Prison Service developed a comprehensive Action Plan for the implementation of the Commission’s recommendations which were relevant to the Irish Prison Service.
A central recommendation of the Report related to the issu...

201. Deputy Michael McGrath asked the Minister for Justice and Equality when a hearing will take place in relation to an application to the Criminal Injuries Compensation Tribunal (details supplied); and if he will make a statement on the matter. (Question 53583/17 asked on 14 Dec 2017 - Criminal Injuries Compensation Tribunal)

Minister for Justice and Equality (Deputy Charles Flanagan): As the Deputy may be aware, the Criminal Injuries Compensation Tribunal administers the Scheme of Compensation for Personal Injuries Criminally Inflicted. Under the terms of the Scheme, the Tribunal is entirely independent in considering applications made under the Scheme. However, to be of assistance to the Deputy, I have had enquiries made of the Tribunal. 
The application referred to by the Deputy is the subject of an appeal by t...

202. Deputy Ruth Coppinger asked the Minister for Justice and Equality if a court ruling (details supplied) will be examined to determine if recognition of Traveller ethnicity will require a legislative basis; and if he will make a statement on the matter. (Question 53611/17 asked on 14 Dec 2017 - Traveller Community)

Minister of State at the Department of Justice and Equality (Deputy David Stanton): As you will appreciate, I cannot comment on the conduct of an individual court case.
 As you are aware, the Traveller community campaigned for many years to have their unique heritage, culture and identity formally recognised by the Irish State. The recognition of Travellers as an Ethnic Group by the then Taoiseach last March, was a strong message from the State and a symbolic and positive step in acknowledging t...

203. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the steps he is taking to ensure that there will be accountability for the estimated two million fake breath tests; if he will publish the statistics of these tests for each district of An Garda Síochána; and if he will make a statement on the matter. (Question 53898/17 asked on 14 Dec 2017 - Garda Disciplinary Proceedings)

Minister for Justice and Equality (Deputy Charles Flanagan): As the Deputy will be aware, I have previously put on record my deep concern at the serious failures of the Garda organisation in relation to mandatory alcohol testing checkpoints (MATs) and fixed charge notices.
In relation to the particular issue of whether disciplinary action should be taken against individual members of An Garda Síochána arising from the mandatory alcohol testing checkpoints issues, this is solely a matter for the ...

204. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. (Question 53917/17 asked on 14 Dec 2017 - Immigration Status)

Minister for Justice and Equality (Deputy Charles Flanagan): I refer to my previous response to the Deputy on 28 September, 2017 in relation to this issue. I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that INIS has no record of correspondence since then in relation to the person’s current circumstances. I am further informed that it remains open to the person concerned to contact INIS directly in the matter.
Response to Parliamentary Question 41129/...

205. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. (Question 53918/17 asked on 14 Dec 2017 - Residency Permits)

Minister for Justice and Equality (Deputy Charles Flanagan): I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for residence permission and a right to work based on their parentage of an Irish citizen child on 23 May 2017. The Deputy will appreciate that applications are dealt with in chronological order. If further information or documentation is required, the person concerned will be contacted in writing by the relevant o...

206. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency options available in the case of a person (details supplied); and if he will make a statement on the matter. (Question 53919/17 asked on 14 Dec 2017 - Immigration Status)

Minister for Justice and Equality (Deputy Charles Flanagan): I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned. 
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration A...

207. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed to regularise residency in the case of a person (details supplied); and if he will make a statement on the matter. (Question 53920/17 asked on 14 Dec 2017 - Immigration Policy)

Minister for Justice and Equality (Deputy Charles Flanagan): I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned has not submitted written representations. 
The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and all ...

208. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of residency entitlement in the case of a person (details supplied) with particular reference to their stamp 4 application; and if he will make a statement on the matter. (Question 53921/17 asked on 14 Dec 2017 - Immigration Status)

Minister for Justice and Equality (Deputy Charles Flanagan): I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Ac...

209. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied) who has lived here for more than ten years; and if he will make a statement on the matter. (Question 53922/17 asked on 14 Dec 2017 - Immigration Status)

Minister for Justice and Equality (Deputy Charles Flanagan): I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted leave to remain in the State for the period to 07 December 2017. This decision was conveyed in writing to the person concerned by letter dated 07 December 2016. 
The person concerned is required to apply in writing for the renewal of this permission. As my Department’s records show no evidence of such a renewa...

210. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when residency status in the context of stamp 4 citizenship will be awarded in the case of persons (details supplied); if their case will be urgently considered; and if he will make a statement on the matter. (Question 53923/17 asked on 14 Dec 2017 - Immigration Status)

Minister for Justice and Equality (Deputy Charles Flanagan): I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of an application for a certificate of naturalisation on behalf of the first named person who currently has permission to reside in the State until 14 June 2018, is ongoing and will be submitted to me for decision as expeditiously as possible.
There is no record of an application for a certificate of naturalisation from the seco...

211. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the relevant section of his Department has received all papers required in connection with the examination of entitlement to residency in the case of a person (details supplied); and if he will make a statement on the matter. (Question 53924/17 asked on 14 Dec 2017 - Immigration Status)

Minister for Justice and Equality (Deputy Charles Flanagan): I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration A...

212. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status and possible entitlement to naturalisation in the case of persons (details supplied); and if he will make a statement on the matter. (Question 53925/17 asked on 14 Dec 2017 - Immigration Status)

Minister for Justice and Equality (Deputy Charles Flanagan): I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that requests were received for permission to remain in the State in respect of the persons concerned. 
However, these cases are among a number of such cases which are currently being held by my Department pending the outcome of the appeal to the Supreme Court of the Court of Appeal judgment in Luximon v. Minister for Justice and Equality which was...

213. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 121 of 30 November 2017, if on the basis of current circumstances they are likely to be eligible for consideration for naturalisation in the near future in the case of a person (details supplied); and if he will make a statement on the matter. (Question 53926/17 asked on 14 Dec 2017 - Naturalisation Applications)

Minister for Justice and Equality (Deputy Charles Flanagan): I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation from the persons referred to by the Deputy.  A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received. 
It is open to any individual to lodge an application for a certificate of ...

214. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration will be given to an application for stamp 4 leave to remain in the case of a person (details supplied); and if he will make a statement on the matter. (Question 53928/17 asked on 14 Dec 2017 - Leave to Remain)

Minister for Justice and Equality (Deputy Charles Flanagan): I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that they have received a request for permission to remain in the State from the person concerned. 
However, this case is among a number of cases which are currently being held by my Department pending the outcome of the appeal to the Supreme Court of the Court of Appeal judgment in Luximon v. Minister for Justice and Equality which was heard in th...

215. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will consider on humanitarian grounds the serious health condition of a person (details supplied) in relation to their case; and if he will make a statement on the matter. (Question 53931/17 asked on 14 Dec 2017 - Immigration Status)

Minister for Justice and Equality (Deputy Charles Flanagan): I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a deportation order made on 11 March 2005. 
The person was deported from the State on 04 June 2006, however, according to information received from her legal representatives, she returned to this State the year after she was deported. 
Representations were received on behalf of the persons concerned reque...

216. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when consideration on humanity, compassionate and human rights grounds will be given in the case of a person (details supplied); if their case will be urgently reviewed in view of the circumstances with a view to granting residency status; and if he will make a statement on the matter. (Question 53933/17 asked on 14 Dec 2017 - Immigration Status)

Minister for Justice and Equality (Deputy Charles Flanagan): I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 12 November 2008, following the refusal of the international protection claim made by the person concerned and the detailed consideration of their case under Section 3 of the Immigration Act 1999 (as amended). That Order remains valid and in place. 
Representations were receive...

217. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 97 of 28 September 2017, the current and or expected entitlement to temporary permanent residency in the case of a person (details supplied); and if he will make a statement on the matter. (Question 53934/17 asked on 14 Dec 2017 - Residency Permits)

Minister for Justice and Equality (Deputy Charles Flanagan): I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration A...

218. Deputy Róisín Shortall asked the Minister for Justice and Equality his plans in respect of the implementation of the European Union Work Life Balance Directive; his views on the fact that Ireland is one of only six EU member states to not offer employer paid parental leave; his plans to address this anomaly in respect of the implementation of the directive; and if he will make a statement on the matter. (Question 53952/17 asked on 14 Dec 2017 - EU Directives)

Minister of State at the Department of Justice and Equality (Deputy David Stanton): I propose to take Questions Nos. 195 and 218 together.
As the Deputy is aware, on 26 April 2017, the European Commission initiated a Proposal for a Directive of the European Parliament and of the Council on work-life balance for parents and carers and repealing Council Directive 2010/18/EU. The Directive is part of a package of measures aimed, inter alia, at addressing the underrepresentation of women in employm...