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Written Answers — Succession Rights: Succession Rights (27 Feb 2008)

Brian Lenihan Jnr: Section 91 of the Succession Act 1963 provides that, unless a contrary intention appears from the will, in cases where a gift under a will fails to take effect for any reason, e.g. because the intended beneficiary did not survive the testator, and the property is not otherwise disposed of, it falls into the residue and passes with any residuary gift contained in the will. Where there is no...

Written Answers — Residency Permits: Residency Permits (27 Feb 2008)

Brian Lenihan Jnr: Long-term residency is an administrative scheme that was introduced in May2004 and is focused on persons who have been legally resident in the State for over five years on the basis of work permit / work authorisation / work visa conditions. Such persons may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be...

Written Answers — Asylum Applications: Asylum Applications (27 Feb 2008)

Brian Lenihan Jnr: It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status...

Written Answers — Deportation Orders: Deportation Orders (27 Feb 2008)

Brian Lenihan Jnr: The person concerned arrived in the State on 5 September 2002. She claimed asylum on 1 October 2002 and her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. The person concerned was informed by letter dated 19 November 2004 that the Minister proposed to make a Deportation Order...

Written Answers — Citizenship Applications: Citizenship Applications (27 Feb 2008)

Brian Lenihan Jnr: I refer the Deputy to my reply to Parliamentary Question 1249 on 30 January 2008. The position remains as stated.

Written Answers — Asylum Applications: Asylum Applications (27 Feb 2008)

Brian Lenihan Jnr: The immigration case histories and up to date positions of the two persons concerned, a husband and wife, are almost identical. As a result, for the purposes of this Parliamentary Question, I will deal with the two cases as one. Both of the persons concerned arrived in the State on 17 August 2004 and applied for asylum the following day. Their respective asylum applications were refused...

Written Answers — Community Service Orders: Community Service Orders (27 Feb 2008)

Brian Lenihan Jnr: The Deputy will be aware that under the Criminal Justice (Community Service) Act, 1983, a Court may make a Community Service Order as an alternative to a sentence of imprisonment or detention in respect of any individual over the age of 16 years who has been convicted of a criminal offence and who consents to the Order being made. The Community Service Order requires an offender to perform...

Written Answers — Garda Deployment: Garda Deployment (27 Feb 2008)

Brian Lenihan Jnr: It is the responsibility of the Garda Commissioner to assign members of the Force throughout the country. In doing this he takes into account all relevant factors, including of course population but also including other factors such as crime rates and trends as well as operational priorities. The attested strength of An Garda Síochána as at the 31 January 2008, the latest date for which...

Seanad: Civil Marriage: Motion (27 Feb 2008)

Brian Lenihan Jnr: The High Court settled that.

Seanad: Civil Marriage: Motion (27 Feb 2008)

Brian Lenihan Jnr: As the motion from the Independent Senators points out, it was my distinguished predecessor, Máire Geoghegan-Quinn, who in 1993 introduced the ground-breaking legislation to decriminalise homosexuality in this country. Senator Norris played a signal part in the evolution of the law in this area but she deserves credit for introducing the legislation.

Seanad: Civil Marriage: Motion (27 Feb 2008)

Brian Lenihan Jnr: Since that time, there has been much positive change for lesbians and gay men. A broad range of equality legislation and the associated equality infrastructure has been put in place. The Government's amendment to the motion before the House this evening quite properly records that progress and shows that in the particular area of protection against discrimination, Ireland has been to the...

Seanad: Civil Marriage: Motion (27 Feb 2008)

Brian Lenihan Jnr: I referred to the date on which the heads of the Bill will be published.

Seanad: Civil Marriage: Motion (27 Feb 2008)

Brian Lenihan Jnr: The High Court took a different view on that issue. It heard all that evidence as well.

Written Answers — Garda Equipment: Garda Equipment (28 Feb 2008)

Brian Lenihan Jnr: I am informed by the Garda authorities that the surveying equipment referred to by the Deputy is not required to carry out the role of Public Service Vehicle (PSV) Inspector. PSV Inspectors are issued with a range of protective clothing and safety equipment in addition to mechanical equipment such as hydraulic jacks and a complete set of mechanics tools. The Garda authorities advise that...

Written Answers — Road Traffic Offences: Road Traffic Offences (28 Feb 2008)

Brian Lenihan Jnr: I propose to take Questions Nos. 167 and 168 together. I am informed by the Garda authorities that, as a result of an issue arising from the local authority by-laws in force at the location referred to, 1,793 motorists who paid on foot of fixed charge notices are due to have their money refunded. The awarding and removal of penalty points from driver records is a matter for my colleague the...

Written Answers — Asylum Applications: Asylum Applications (28 Feb 2008)

Brian Lenihan Jnr: The person concerned arrived in the State on 27 February 2003 and made an application for asylum. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed,...

Written Answers — Garda Stations: Garda Stations (28 Feb 2008)

Brian Lenihan Jnr: I am informed by the Commissioner that the personnel strength of Blessington Garda station, as at 31 January 2008, is 16. For security and operational reasons, it is not Garda policy to disclose the number or percentage of personnel on duty in any specific area during any specific period of time. The Deputy will appreciate that, as with any large organisation on any given day, personnel...

Written Answers — Garda Deployment: Garda Deployment (28 Feb 2008)

Brian Lenihan Jnr: I am informed by the Garda authorities that the location referred to is in the Santry Garda Sub-District and is patrolled by foot and mobile patrols from that Garda station. I am further informed that local Garda management is aware of a number of incidents of public disorder and drug related activity in the area concerned. Additional Garda patrols, including patrols by the District Detective...

Written Answers — Citizenship Applications: Citizenship Applications (28 Feb 2008)

Brian Lenihan Jnr: The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory residency conditions are fulfilled. These conditions are that the applicant must have had a period of one year's continuous residency in the State immediately before the date of application...

Written Answers — Crime Prevention: Crime Prevention (28 Feb 2008)

Brian Lenihan Jnr: I understand that the device referred to by the Deputy is used to deter people from congregating or loitering. Section 2 of the Non-Fatal Offences Against the Person Act 1997 creates the offence of assault and refers to the application of force. The section specifies that "force" includes application of, inter alia, noise. I am informed by the Garda authorities that an instruction has issued...

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