Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

423. To ask the Minister for Justice and Equality the position regarding residency in the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [11106/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am advised 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 entitlement to residency in the State.

The person concerned initiated Judicial Review proceedings challenging the decision of a 17 (7) application which is an application to make a new asylum claim under section 17 (7) of the Refugee Act 1996. Following the outcome of these proceedings, the 17 (7) application will be reconsidered. In the meantime, the Deportation Order remains valid and in place.

Queries in relation to the Status of individual immigration cases may be made directly to the INIS by Email 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.

Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context | Oireachtas source

424. To ask the Minister for Justice and Equality the reason the decision has been made not to hold a commission of investigation into the death of a person (details supplied); and if she will make a statement on the matter. [11135/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As I have indicated to the Deputy previously, I met with family members of the victim to whom the Deputy refers and their legal representative to hear their concerns about aspects of the Garda investigation of the murder of their loved one and their call for an inquiry. I also committed to consider the family's request on the basis of information which they furnished to me. The case at hand was one of those inquired into by the late Mr. Justice Henry Barron and examined subsequently by a sub-committee of the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights.

I have had a review of the material which the family provided to me and other available material regarding this murder carried out and I wrote to the family recently setting out my conclusion that I could not recommend the establishment of a Commission of Investigation in this case and detailing my reasoning in this regard. I understand that the Deputy has a copy of the letter and is aware of the details.

In summary, in the circumstances where an independent judicial inquiry had already been carried out which focused in great detail on the Garda investigation and found that it could not advance the issues to a conclusive outcome; where an Oireachtas committee had carried out an examination of these same issues, including public hearings, and found also that it could not conclusively address questions relating to the investigation; and where a public apology for identified failings in the investigation was made to the family by former Garda Commissioners and a former Justice Minister, I could not conclude that the issues relating to the Garda investigation could be addressed any more conclusively now than they have been already.

I would note in addition that the Garda Síochána carried out a full review of the original investigation and the original evidence and submitted a file to the Director of Public Prosecutions who directed that no prosecution should be brought.

I regret that my decision in this case is, inevitably, a disappointment for the family. There can be no doubt that the brutal murder of this innocent man by a gunman caused untold grief to his family and friends, and I convey my sympathy once again to them on their loss.

The Deputy will be aware that dealing with the legacy of the troubles on this island is difficult. The Stormont House Agreement sets out a series of useful measures to put in place an overarching framework to deal with the past. The Government is fully committed to playing its part in implementing those measures and I hope they may provide an opportunity for the families of persons killed during the troubles to access further information.