Results 11,881-11,900 of 16,537 for speaker:Brian Lenihan Jnr

Written Answers — Residency Permits: Residency Permits (7 Feb 2008)

Brian Lenihan Jnr: The persons concerned claimed asylum in the State on 2 July, 2001 and had their claims examined by the Office of the Refugee Applications Commissioner who recommended that they be recognised as refugees. Based on these recommendations, the then Minister granted them formal declarations of refugee status and they were informed accordingly by letters dated 29 July, 2002. This communication also...

Written Answers — Residency Permits: Residency Permits (7 Feb 2008)

Brian Lenihan Jnr: The persons in question made applications for asylum in the State in March 2001 and February 2001 respectively. On 18 March 2001 the second person concerned gave birth to a child. They subsequently withdrew their asylum applications and sought residency on the basis of parentage of an Irish born child and this was approved. This permission to remain has been renewed for the first person...

Written Answers — Residency Permits: Residency Permits (7 Feb 2008)

Brian Lenihan Jnr: The person concerned arrived in the State on 12 April, 2004 and applied for asylum. 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. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), she was informed, by letter dated 9 September, 2005 that...

Written Answers — Asylum Applications: Asylum Applications (7 Feb 2008)

Brian Lenihan Jnr: The person concerned arrived in the State on 7 October 2003 and applied for asylum. His 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), he was informed, by letter dated 16 August 2005, that...

Written Answers — Voluntary Assisted Return Programme: Voluntary Assisted Return Programme (7 Feb 2008)

Brian Lenihan Jnr: The person concerned wrote to my Department on 10th October, 2007 indicating that he wished to apply to return voluntarily to Congo-Brazzaville. A reply was issued on 16th October advising him of the various options open to him and he was asked to contact either the International Organisation for Migration (IOM) who would assist with travel costs and travel documents if necessary, or the...

Written Answers — Citizenship Applications: Citizenship Applications (7 Feb 2008)

Brian Lenihan Jnr: Applications for certificates of naturalisation from the first two persons referred to in the Deputy's question were received in the Citizenship section of my Department in July 2006 and an application from the third person referred to was received in February 2007. Officials in that section are currently processing applications received in July 2005 and have approximately 6,000 applications...

Written Answers — Asylum Applications: Asylum Applications (7 Feb 2008)

Brian Lenihan Jnr: This applicant applied for asylum on 1st August, 2003. His application was refused and a Deportation Order was made in respect of him on 21 July, 2005. Under Statutory Instrument No. 518 of 2006, which transposed Council Directive 2004/83/EC into Irish law, persons in respect of whom a deportation order was made before 10 October, 2006 are not automatically entitled to have an application for...

Written Answers — Drugs in Prisons: Drugs in Prisons (7 Feb 2008)

Brian Lenihan Jnr: The confiscation of drugs (or suspected drugs) is recorded by our prisons under the generic description of "prohibited articles/substances". An accurate breakdown of statistics as requested by the Deputy is not available without the manual examination of records going back over a considerable time period. Such an examination would require a disproportionate and inordinate amount of staff...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: As regards these amendments, the Prosecution of Offences Act 1974 established the Office of the Director of Public Prosecutions, DPP. Under section 2 of that Act, the holder of the office is independent in the performance of his or her functions. That is a basic principle of our polity. The functions of the DPP include all those capable of being performed relating to criminal matters,...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: Those issues can be addressed in the context of the immigration Bill, when we have a discussion on it.

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: Again, we are back to the discretion of the director. I want to correct one impression conveyed by Deputy Rabbitte. Of course, the file submitted by the Garda to the Director of Public Prosecutions would refer to trafficking if there was any suggestion of trafficking. The difficulty Deputies Rabbitte and Naughten have, and the difficulty we have with this whole phenomenon, is the...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: This is to train the Garda Síochána in how to recognise the indicators of trafficking beyond what traffickers say. To date, 150 gardaí have received specific training in this area.

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: The Deputy will have to deal with that in the context of the Immigration, Residence and Protection Bill. Clearly there cannot be a provision in the Bill that exempts a person who is not lawfully in the State from deportation. I do not want to anticipate our discussion on the Immigration, Residence and Protection Bill.

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: First, I should have said in reply to Deputy Ó Snodaigh in respect of the previous amendments that the question of a person who is a non-EU national and who has been given a period of recovery and reflection in the State is not contingent on a prosecution taking place. I have read into the record of the House and the Immigration, Residence and Protection Bill states that the period of...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: I am opposed to the amendments at this stage. However, in view of the eloquence of the arguments put forward by Deputies Rabbitte and Naughten, I am willing to look at the narrow amendment proposed and to make that statement in the legislation. I remain doubtful as to whether there will be successful prosecutions. However, given the horrific character of the phenomenon of trafficking, I...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: I will revisit this issue when the Bill is debated in the Seanad.

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 5: In page 5, to delete lines 9 to 11 and substitute the following: "(5) A person guilty of an offence under this section shall be liable upon conviction on indictment— (a) to imprisonment for life or a lesser term, and (b) at the discretion of the court, to a fine.". My amendments Nos. 5, 8 to 10, inclusive, and 16 are in response to an amendment proposed by Deputy...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: Deputy Ó Snodaigh's amendment seeks to give the court power to order the payment of compensation to the victims of trafficking, but such a general power already exists. Section 6 of the Criminal Justice Act 1993 deals with the power of the court to order the offender to pay compensation to an injured party. Under section 6, on conviction of a person for an offence, the court may make a...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: Of course I would dearly love to have control over these funds, but they go to the Exchequer and I support the Government policy and the views of the Minister for Finance on this matter.

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: That is correct. There is an option to establish a fund under the Council of Europe convention and I have no doubt that is an issue that the high level working group will examine.