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Written Answers — Residency Permits: Residency Permits (15 Dec 2005)

Michael McDowell: On 11 October 2005, an application was received from the person in question's guardian to have their permission to remain in the State, on humanitarian grounds, renewed. On 8 December 2005, the person in question's guardian was issued with a letter granting her and the person in question permission to remain in the State for a further period of one year. On foot of that letter, the person...

Written Answers — Citizenship Applications: Citizenship Applications (15 Dec 2005)

Michael McDowell: The person referred to by the Deputy arrived in the State in December 1996 and claimed asylum. That application was refused in June 1997 and leave to remain in the State was granted to her as an exceptional measure. An application for a certificate of naturalisation by the person concerned was received in the citizenship section of my Department on 4 December 2001. I considered this...

Written Answers — Citizenship Applications: Citizenship Applications (15 Dec 2005)

Michael McDowell: The main point that must be made is that the acquisition of Irish citizenship through the naturalisation process is a privilege, not a right. The discretionary nature of the naturalisation process is in keeping with international practice. Thus, it is not the case that a person who has been resident here has, after a period of time, or even an extended period of time, a right to...

Written Answers — Refugee Status: Refugee Status (15 Dec 2005)

Michael McDowell: The applicant in question made an application for permission to remain in the State on the basis of being the parent of an Irish born child born before 1 January 2005, under the revised arrangements announced by me on 15 January 2005. One of the conditions of the revised arrangements is that the parent concerned be continuously resident in the State with the Irish born child since his or her...

Written Answers — Citizenship Applications: Citizenship Applications (15 Dec 2005)

Michael McDowell: I informed the Deputy in response to Question No. 227 of 24 November last that an application for a certificate of naturalisation from the person concerned was received in July 2005 and it is likely that it will be finalised around the middle of 2007. That is still the position.

Written Answers — Crime Levels: Crime Levels (15 Dec 2005)

Michael McDowell: I have been informed by the Garda authorities that the tables which follow this reply indicate the relevant figures for the headline offence of assault for each Garda district in the Carlow-Kildare division between 2002, the year in which I became Minister for Justice, Equality and Law Reform, and 30 November 2005. I am pleased that the number of assaults in the division decreased by 28%...

Written Answers — Deportation Orders: Deportation Orders (15 Dec 2005)

Michael McDowell: Asylum seekers are people who come here seeking refugee status. Their asylum claims are thoroughly investigated. If they are found not to need protection under the Geneva Convention, they are no longer asylum seekers. They are given an opportunity to voluntarily go home or to give reasons they should not be deported before any deportation takes place. There are two fundamental underlying...

Written Answers — Gangland Killings: Gangland Killings (15 Dec 2005)

Michael McDowell: I refer the Deputy to my detailed reply to Priority Questions Nos. 48 and 49 of 23 November last.

Written Answers — Visa Applications: Visa Applications (15 Dec 2005)

Michael McDowell: An appeal against the decision to refuse the visa application in this case has not been received by the Department of Justice, Equality and Law Reform. It was open to the applicant to appeal against the refusal of the visa by writing to the Department's visa appeals officer within two months of the date of refusal, which in this case was 29 September 2005. It is open to the applicant to...

Written Answers — Citizenship Applications: Citizenship Applications (15 Dec 2005)

Michael McDowell: Section 8 of the Irish Nationality and Citizenship Act 1956, as amended, provided for the making of a declaration of Irish citizenship as post-nuptial citizenship by a non-national who had been married for at least three years to an Irish citizen who was Irish other than by naturalisation, post-nuptial citizenship or honorary citizenship. This process was repealed in the Irish Nationality and...

Written Answers — Departmental Correspondence: Departmental Correspondence (15 Dec 2005)

Michael McDowell: The press office of the Department of Justice, Equality and Law Reform issues press releases and statements to the media bye-mail only. Such documents are made available to all other interested parties shortly after their release on the Department's website, www.justice.ie.

Written Answers — Visa Applications: Visa Applications (15 Dec 2005)

Michael McDowell: It is not clear from the details supplied whether the person in question is in the State on the basis of a work permit or a working holiday visa. If the person is residing in the State on work permit conditions, he or she can undertake a part-time evening college course, which would not be in conflict with the conditions of residency in the State. If the course is a full-time day course with...

Written Answers — Visa Applications: Visa Applications (15 Dec 2005)

Michael McDowell: The applications in question were received by the Department of Justice, Equality and Law Reform on 27 July 2005. When assessing applications of this type, the visa officer considers, among other factors, whether the level of salary of the worker would come within the ambit of qualifying for payment from public funds. The criteria set by the Department of Social and Family Affairs for...

Seanad: Commission of Investigation (Child Sexual Abuse) Order 2005: Motion. (15 Dec 2005)

Michael McDowell: At the outset I remind the House of the circumstances which give rise to the motion which is before it. In November 2002, an RTE "Prime Time" documentary reported on child sexual abuse by priests in the Roman Catholic Archdiocese of Dublin. The programme made a number of disturbing assertions as to the inadequate way in which allegations and complaints of sexual abuse of children by priests...

Seanad: Commission of Investigation (Child Sexual Abuse) Order 2005: Motion. (15 Dec 2005)

Michael McDowell: That is not the case in Ireland.

Seanad: Commission of Investigation (Child Sexual Abuse) Order 2005: Motion. (15 Dec 2005)

Michael McDowell: If a 14 year old boy has sex with a 16 year old girl, the boy commits an offence but the girl does not.

Seanad: Commission of Investigation (Child Sexual Abuse) Order 2005: Motion. (15 Dec 2005)

Michael McDowell: I thank Senators for their contributions and their welcoming sentiments. It is provided for in the statute that the Minister can extend the time for the commission without returning to the Dáil so it is not set in stone. Without saying the 18-month period is an abstract ideal, everyone would support the Minister in being reasonable to ensure the work is done with a requisite timeframe and an...

Seanad: Coroners (Amendment) Bill 2005: Second Stage. (15 Dec 2005)

Michael McDowell: The Bill has a very specific focus, namely, to address certain deficiencies in the current law pertaining to the conduct of an inquest by a coroner. These deficiencies, including the restriction on the number of medical witnesses and the outdated sanction for non-attendance of a witness or juror, have, albeit in a limited number of cases, combined to inhibit the conduct of fair inquests in a...

Seanad: Coroners (Amendment) Bill 2005: Second Stage. (15 Dec 2005)

Michael McDowell: Senators have another day to go in this House. It is useful in the last days of the legislative term and in the Christmas spirit that all parties should get together and engage in a good piece of non-adversarial law reform. I am grateful to the movers and drafters of this Bill for allowing me to do that.

Seanad: Coroners (Amendment) Bill 2005: Second Stage. (15 Dec 2005)

Michael McDowell: Before Easter we will have the full——

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