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Wednesday, 11 Jun 2014

Written Answers Nos. 121-142

Single Payment Scheme Eligibility

Questions (121)

Brendan Griffin

Question:

121. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a person (details supplied) in County Kerry is entitled to increased entitlements now that they are milking and have moved away from sucklers. [24935/14]

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Written answers

The Single Payment Scheme entitlements established for every farmer under the Single Farm Payment Scheme in 2005 were based on the average number of animals or of Arable Aid, and the average number of hectares on which payment was made, under the Livestock Premia schemes and/or Arable Aid Schemes during the reference years 2000, 2001 and 2002. A change of farming enterprise from Suckler to Dairy following this reference period does not lead to a recalculation of the value of entitlements held by a farmer under the Single Farm Payment Scheme.

As the person was eligible for a Single Farm Payment in 2013, she is automatically entitled to receive an allocation of entitlements in 2015 under the new Basic Payment Scheme. The number of entitlements that will be allocated will be based on the number of eligible hectares declared in 2013 or 2015, whichever is lesser. The value of entitlements in 2015 will be based on a percentage of a farmer’s value in 2014. This value will be spread across the number of entitlements allocated in 2015 to give an Initial Unit Value for each entitlement. The Initial Unit Value of every farmer will be subject to convergence, i.e. entitlements with an Initial Unit Value below 90% of the national average will be increased while those with an Initial Unit Value above the national average will be reduced.

It is not possible to give the value of entitlements that will be allocated to the person in 2015, however based on the eligible hectares declared by her in 2013 and the 2014 value of the entitlements owned by her, her Initial Unit Value in 2015 will be below the national average and therefore will be converged upwards over the five years of the scheme.

Single Payment Scheme Payments

Questions (122)

Denis Naughten

Question:

122. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 585 of 4 February 2014 and 292 of 19 December 2013, if he will furnish the corresponding figures for 2013; and if he will make a statement on the matter. [24946/14]

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Written answers

A comprehensive process to finalise the results of the 2013 Single Farm Payment/Disadvantaged Areas Schemes inspections is nearing completion. On completion of this process the detailed range of data requested will be forwarded directly to the Deputy.

Turbary Rights

Questions (123)

Seán Fleming

Question:

123. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine if he will supply a copy of the Q3 agreement in respect of turbary rights from the Irish Land Commission in respect of a person (details supplied) in County Laois; and if he will make a statement on the matter. [24952/14]

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Written answers

Certified copies of Q3 Sale Agreements drawn up by the former Irish Land Commission can be obtained from the Records Branch of my Department located at Unit 11, Clonminam Industrial Estate, Portlaoise and are issued to the purchasers or their solicitors on payment of the prescribed fee as set out in Statutory Instrument No 260 of 2012. However, it appears from the details supplied that no Q3 Sale Agreement exists in this instance as the area identified was in the ownership of Bord na Mona prior to being transferred to the Minister for Arts, Heritage and the Gaeltacht.

Single Payment Scheme Payments

Questions (124)

Éamon Ó Cuív

Question:

124. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when payment under the 2013 single payment scheme will issue to a person (details supplied) in County Mayo; the reason for the delay in issuing the payment; and if he will make a statement on the matter. [24963/14]

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Written answers

The person named applied to lease in additional Single Payment Scheme entitlements for the 2013 scheme year. Following correspondence with the person named requesting additional information, this application was processed. Payment on these specific entitlements is due to issue shortly.

Asylum Applications

Questions (125)

Bernard Durkan

Question:

125. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of an application for asylum in the case of a person (details supplied) in County Meath and his family; and if she will make a statement on the matter. [24851/14]

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Written answers

If the person whose details were supplied has made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such cases for so long as they are in the protection process.

Asylum Applications

Questions (126)

Eoghan Murphy

Question:

126. Deputy Eoghan Murphy asked the Minister for Justice and Equality if she will provide information on a person (details supplied) in Dublin 2 in the asylum process; and if she will make a statement on the matter. [24887/14]

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Written answers

I am advised that the person concerned arrived in the State on 1 September 2005, and applied for asylum on the same date at the Office of the Refugee Applications Commissioner. This application was refused, and the person concerned was informed of this refusal by letter dated 31 May 2007.

The person concerned also made an application for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations, 2006 (Statutory Instrument No. 518 of 2006), together with representations against the making of a Deportation Order pursuant to Section 3 of the Immigration Act, 1999 (as amended), on 22 June 2007. His Subsidiary Protection application was refused by my Department on 10 December 2009. Further, a Deportation Order was signed in respect of the person concerned on 15 December 2009.

The person concerned instituted Judicial Review proceedings on 25 February 2010, challenging the decision not to grant him Subsidiary Protection, as well as the making of a Deportation Order in his case, and accordingly, as the matter is sub judice, I do not propose to comment further.

Queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Courts Service

Questions (127)

Niall Collins

Question:

127. Deputy Niall Collins asked the Minister for Justice and Equality if she will discuss with the board of the Courts Service its threat to close the Tallaght courthouse; if she will convey to the board the serious upset and concerns of the Tallaght community at the loss of the court services in a major population centre; and if she will make a statement on the matter. [24910/14]

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Written answers

As the Deputy may be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had inquiries made and have been informed that following a review undertaken in 2013 into the delivery of court services in the greater Dublin Area, the proposals which have recently been published by the Courts Service include a proposal to close the District Court venue in Tallaght. The purpose of the review was to examine options to ensure that the Courts Service can continue to maintain an appropriate level of front line services to court users throughout Dublin city and county. The review has been the first comprehensive assessment of the delivery of court services in Dublin in many decades. In addition, the proposals arising from the review are designed to ensure the maximum utilisation of court accommodation and resources while at the same time providing opportunities for efficiencies across the justice system.

The Courts Service recognises that the proposal to close the court venue in Tallaght would inevitably have an impact on a range of organisations and courts users who avail of the existing level of service. In this context, I welcome the consultative approach which is being adopted by the Courts Service in seeking submissions on the proposal from any interested parties or local interests. I have been assured by the Courts Service that all submissions received on the proposal will receive consideration. I also understand that it is intended that proposals arising from the review including the closure of the court venue in Tallaght will be considered by the Board at the end of July. It should, of course, be noted that the final decision in relation to the closure of any court venue is a matter for the Board of the Courts Service

Residency Permits

Questions (128)

Bernard Durkan

Question:

128. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which a person (details supplied) in Dublin 7 can be facilitated to regularise, by way of work permit or otherwise, their residency status from stamp 1 to stamp 4 in view of their ethnic employment in the catering industry; and if she will make a statement on the matter. [24917/14]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that correspondence is due to issue to the person in question in the coming days in relation to the matter raised by the Deputy.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This services 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.

Garda Investigations

Questions (129)

Stephen Donnelly

Question:

129. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if the coroner has received any communications from members of the gardaí, as required by section 18(3) of the Coroner's Act 1962, in regard to the remains found in the grounds of a home in Tuam, run by the Sisters of the Bon Secours; and if she will make a statement on the matter. [24947/14]

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Written answers

As the Deputy will be aware I have asked the Garda Commissioner for a report in relation to the issues arising with respect to the Tuam Home. I understand that Gardaí have been in contact with the Coroner as part of their preliminary examinations of this matter. Although the functions referred to by the Deputy relate to the independent role of the coroner under the Coroners Act 1962, my understanding is that circumstances did not arise which would have led to a communication of the kind referred to by the Deputy. In any event, the Deputy will be aware that the complex and tragic issues relating to Mother and Baby Homes are to be the subject of a Commission of Investigation, informed by the work of an Interdepartmental Group which has been gathering information on this subject and on which my Department has been participating fully.

Magdalen Laundries

Questions (130)

Maureen O'Sullivan

Question:

130. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if she will ensure that there are no additional delays or interruptions on the Magdalen implementation plan especially by supporting the completion of pending legislation and the expeditious payment of pensions. [24948/14]

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Written answers

The Deputy will be aware that significant progress has been made on the implementation of the Magdalen Scheme. Within my own Department, a unit of 9 officials is working full time on engaging with the women and processing applications. To date, 346 women have been paid their lump sums at a cost of €12.4m.

In addition to the lump sum payment each woman is entitled to a top up payment to bring her weekly income from the State to €230.30 if aged 66 or over and €100 if under that age. The Department of Social Protection is establishing a separate scheme in order to give effect to this recommendation. I have been informed that this scheme will be in place in the next couple of weeks and that the eligible women will receive written notification from that Department before their payments issue. The payments will be backdated to the 1st August 2013 so the women will not be at a loss.

As the Deputy will be aware, legislation relating to taxation issues has already been addressed. It was agreed by Government that my Department would coordinate legislation to implement Judge Quirke's other recommendations where legislation is required. The Bill will include measures to deal with:

(a) the provision of medical and other services, and

(b) provision that payments made under the Scheme should not be taken into account for assessment purposes under the Nursing Home Support Scheme,

and

(c) provisions to protect vulnerable women in the context of the scheme.

A Scheme of the Bill has now been drafted by my Department in consultation with the Department of Health. The Scheme of the Bill will be considered by Government shortly and I anticipate that the Government will approve the drafting of the Bill at that stage. With the cooperation of the Oireachtas, I expect that the Bill will have a reasonably speedy progress towards enactment.

Magdalen Laundries

Questions (131)

Maureen O'Sullivan

Question:

131. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if she supports the broader interpretation of Justice Quirke's recommendations on health care which will afford all women, regardless of place of residence, full health care equal to the holders of the HAA card. [24949/14]

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Written answers

Judge Quirke recommended that "As an integral part of the ex gratia Scheme a card entitling its holder to health services equivalent to those provided to the holder of a HAA card should be given to each of the women who were admitted to and worked in a designated Magdalen laundry."

Appendix G of Judge Quirke's report contains information extracted from the Guide to Community Services Available to HAA Card Holders Under Health (Amendment) Act 1996. In this regard, Judge Quirke advised that "not all the community services described in that Guide may be directly relevant to the Magdalen women and any comparable Guide for the Magdalen women would require suitable adaptation. Judge Quirke specifically recommended that legislation should be introduced to give effect to his recommendation regarding the provision of medical services. While this is a Health issue, the Government agreed that my Department would coordinate legislation to implement several of Judge Quirke's recommendations. A Scheme of the Bill has now been drafted by my Department in consultation with the Department of Health. The Scheme of the Bill will be considered by Government shortly and I anticipate that the Government will approve the drafting of the Bill at that stage. Details of what medical services will be provided, how they will be provided and where they will be provided will be fully determined by the Department of Health in accord with the Government decision on the matter.

Equality Issues

Questions (132)

Finian McGrath

Question:

132. Deputy Finian McGrath asked the Minister for Justice and Equality if there is a need for a referendum on marriage equality as Article 40.1° of the Constitution states that all citizens shall be treated equally; and if she will make a statement on the matter. [24973/14]

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Written answers

We have been advised that while, as the Deputy indicates, Article 40.1 of the Constitution states that all citizens shall be treated equally, the institution of Marriage referred to in Article 41 of the Constitution has been interpreted by the courts as confined to unions between persons of the opposite sex. As recommended by the Constitutional Convention in its report to the Oireachtas of 2 July 2013, a referendum is needed to ascertain the views of the people on the question of whether the Constitutional interpretation can be broadened to include unions between same-sex couples as well as those between opposite sex couples. As the Deputy will be aware, the Government has agreed to hold a referendum on marriage equality in 2015.

Garda Investigations

Questions (133)

Finian McGrath

Question:

133. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding an alleged non-investigation of a crime by An Garda Síochána; and if she will make a statement on the matter. [24975/14]

View answer

Written answers

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.

Ambulance Service Provision

Questions (134)

Dominic Hannigan

Question:

134. Deputy Dominic Hannigan asked the Minister for Health if his attention has been drawn to an incident (details supplied); if he will request a response from the Ambulance Control Centre on the reason the ambulance had to come from Trim; the current timetable regarding ambulances that are dispatched from Dunshaughlin, County Meath; and if he will make a statement on the matter. [24877/14]

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Written answers

In relation to the specific incident raised by the Deputy, I have asked the Health Service Executive to respond to him directly.

Health Services Staff

Questions (135)

Finian McGrath

Question:

135. Deputy Finian McGrath asked the Minister for Health his views on correspondence regarding employment issues in respect of a person (details supplied) in Dublin 3; and if he will make a statement on the matter. [24977/14]

View answer

Written answers

I have been advised by the HSE that the matter was referred to the Assistant National Director HR - Dublin North East for attention on 30th May, 2014 who has subsequently written to arrange a meeting with the person concerned. I understand that as of yesterday 10th June the person had not yet responded to the HSE.

HSE Reports

Questions (136)

Simon Harris

Question:

136. Deputy Simon Harris asked the Minister for Health if the Health Service Executive has received internal audits into two section 39 organisations (details supplied); and if he will make a statement on the matter. [24810/14]

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Written answers

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Long-Term Illness Scheme Eligibility

Questions (137)

Niall Collins

Question:

137. Deputy Niall Collins asked the Minister for Health if a long-term illness card will be made available to a person (details supplied) in County Cork; and if he will make a statement on the matter. [24826/14]

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Written answers

The Long Term Illness (LTI) Scheme was established under Section 59(3) of the Health Act, 1970 (as amended). Regulations were made in 1971, 1973 and 1975 specifying the conditions covered by the LTI Scheme.

The conditions covered by the LTI Scheme are as follows: Acute Leukaemia; Mental handicap; Cerebral Palsy; Mental Illness (in a person under 16); Cystic Fibrosis; Multiple Sclerosis; Diabetes Insipidus; Muscular Dystrophies; Diabetes Mellitus; Parkinsonism; Epilepsy; Phenylketonuria; Haemophilia; Spina Bifida; Hydrocephalus; and conditions arising from the use of Thalidomide. There are no plans to extend the list of conditions covered by the LTI Scheme.

Under the Drug Payment Scheme, no individual or family pays more than €144 per calendar month towards the cost of approved prescribed medicines. The scheme significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines.

Under the provisions of the Health Acts, medical cards are provided to persons who are, in the opinion of the Health Service Executive (HSE), unable without undue hardship to arrange GP services for themselves and their dependants. In the assessment process, the HSE can take into account medical costs incurred by an individual or a family.

The Health Service Executive (HSE) is responsible for the administration of primary care schemes, therefore, I have requested that the HSE investigate the circumstances of this case and reply directly to the Deputy as soon as possible.

Medical Card Applications

Questions (138)

Tom Fleming

Question:

138. Deputy Tom Fleming asked the Minister for Health if he will expedite a medical card application in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [24830/14]

View answer

Written answers

The Health Service Executive has been asked to examine this matter and to reply to the Deputy as soon as possible. The Health Service Executive operates the General Medical Services scheme, which includes medical cards and GP visit cards, under the Health Act 1970, as amended. It has established a dedicated contact service for members of the Oireachtas specifically for queries relating to medical cards and GP visit cards, which the Deputy may wish to use for an earlier response. Contact information has issued to Oireachtas members.

Medical Card Application Numbers

Questions (139)

Peadar Tóibín

Question:

139. Deputy Peadar Tóibín asked the Minister for Health the number of medical cards that have been issued per capita in each county. [24832/14]

View answer

Written answers

The table provides the most recent medical card figures, at 1 May 2014, as requested by the Deputy. The HSE collate medical card statistical data by Local Health Office area, and not by county.

 Local Health Office 

Medical Cards

 Carlow/ Kilkenny 

59,323

 Cavan/ Monaghan 

57,772

 Clare 

47,242

 Cork - North Lee 

78,037

 Cork - South Lee 

60,996

 Donegal 

88,033

 Dublin North Central 

54,046

 Dublin South City 

37,728

 Dublin South East 

24,185

 Dublin South West 

66,679

 Dublin West 

60,887

 Dún Laoghaire 

23,837

 Galway 

99,686

 Kerry 

59,720

 Kildare/ West Wicklow 

74,360

 Laois/ Offaly 

68,258

 Limerick 

78,571

 Longford/ Westmeath 

56,006

 Louth 

60,345

 Mayo 

64,341

 Meath 

66,269

 North Cork 

34,339

 North Dublin 

78,839

 North Tipp./ East Limerick 

29,768

 North West Dublin 

67,340

 Roscommon 

29,236

 Sligo/ Leitrim 

41,872

 South Tipperary 

40,959

 Waterford 

55,534

 West Cork 

21,057

 Wexford 

69,452

 Wicklow 

45,465

 Total National 

1,800,182

Medicinal Products Availability

Questions (140)

Bernard Durkan

Question:

140. Deputy Bernard J. Durkan asked the Minister for Health his future plans to make adequate provision for the potential life-saving availability of an epipen without prescription in emergency situations with particular reference to minors; and if he will make a statement on the matter. [24833/14]

View answer

Written answers

Adrenaline pens, as injectable medicines, may only be supplied on foot of a valid prescription. However, there is provision in the Medicinal Products (Prescription and Control of Supply) Regulations 2003 (as amended) which permits pharmacists, in emergency circumstances, to supply certain prescription only medicines without a prescription.

My Department is currently examining the possibility of amending the regulations to facilitate the wider availability of adrenaline pens without prescription in emergency situations, by persons trained in the administration of these pens.

Hospital Appointment Status

Questions (141)

Tom Fleming

Question:

141. Deputy Tom Fleming asked the Minister for Health if he will expedite knee surgery in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [24841/14]

View answer

Written answers

The National Waiting List Management Policy, A standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, January 2014, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the Health Service Executive, sets out the processes that hospitals are to implement to manage waiting lists. In relation to the particular query raised by the Deputy, I have asked the HSE to respond directly to him on this matter.

Medicinal Products Availability

Questions (142)

Joan Collins

Question:

142. Deputy Joan Collins asked the Minister for Health the reason a person (details supplied) in Dublin 12 cannot access a drug called Daxas, a very effective medication for their chronic obstructive pulmonary disease, on their medical card. [24848/14]

View answer

Written answers

The HSE is responsible for the administration of primary care schemes, therefore, the matter has been referred to the HSE for attention and direct reply to the Deputy.

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