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Tuesday, 17 Jun 2014

Written Answers Nos. 598 - 622

Visa Applications

Questions (598)

Bernard Durkan

Question:

598. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when a visa will issue in the case of a person (details supplied) in Dublin 3; and if she will make a statement on the matter. [25984/14]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question was notified by letter in January 2012 that permission had been granted under section 18 of the Refugee Act 1996 (as amended) to allow their family member to travel to the State to reside with them. I am further advised that the person in question was informed that they should make a visa application for the family member concerned. No visa application has been submitted by the person referred to by the Deputy.

It is open to the person concerned to make a visa application on-line through the following link: https://www.visas.inis.gov.ie.

Queries in relation to general immigration matters may be made directly to INIS by e-mail 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 INIS is, in the Deputy's view, inadequate or too long awaited.

Residency Permits

Questions (599)

Bernard Durkan

Question:

599. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 143 of 10 April 2014, if she will clarify the additional documentation outstanding in the case of a person (details supplied) in County Carlow who is anxious to regularise their residency; and if she will make a statement on the matter. [25995/14]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that further to my reply to Parliamentary Question 143 of 10 April 2014, the applicant was informed by letter dated 28 February 2014 that their application for Long-Term Residency was deemed incomplete as they had failed to submit the appropriate additional documentation requested by letter dated 27 November 2013.

The letter of 28 February 2014, which was forwarded to the applicant's representatives, clearly indicated that if the applicant wished to apply for Long-Term Residency, they would be required to submit a fresh application. The letter set out clearly the requirements for a fresh application to be considered. The applicant was advised that once they had returned to full-time employment and had 60 months lawful residence in the State on the basis of work permit/ work authorisation/work visa conditions, they could submit a new application. To evidence compliance with the requirements for Long-Term Residency, any new application must be accompanied by a clear and legible full copy of the applicant's passport, together with a copy of any passports which have expired since the applicant commenced employment. The applicant must also submit a copy of their current certificate of registration and copies of all work permits/ working visa endorsements /work authorisation endorsements.

I am advised by INIS that to date no fresh application for Long-Term Residency has been received from the applicant. 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. 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 email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Citizenship Applications

Questions (600)

Michael Healy-Rae

Question:

600. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding an application for citizenship in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [26002/14]

View answer

Written answers

Deputies

I refer the Deputy to Parliamentary Question No. 693 of Tuesday, 27 May 2014. The position remains as stated.

Reply to Parliamentary Question No. 693 of Tuesday, 27 May 2014.

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. The application is at an advanced stage of processing and the person concerned will be informed of my decision in due course.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically 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 INIS is, in the Deputy’s view, inadequate or too long awaited.

English Language Training Organisations

Questions (601)

Finian McGrath

Question:

601. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding the reimbursement of fees in respect of a student (details supplied); and if she will make a statement on the matter. [26109/14]

View answer

Written answers

As I understand it, the private sector college referred to by the Deputy closed because of claimed financial difficulties rather than being implicated in immigration abuse.

My colleague, the Minister for Education and Skills, and I have established a task force to assist genuine students affected by these private sector college closures. Jointly chaired by the Department of Education and Skills and the Department of Justice and Equality, the task force’s first priority is to establish the number of genuine students affected by the closure of private sector colleges in recent weeks, how many students have been accommodated in other colleges within the sector and what more can be done to assist international students. The work of the task force is at an advanced stage.

As an EU national the student in question does not require a permission to be present in the State. The matter of reimbursement of fees is a private matter between this EU national and the private sector college in question. However, the Student Review Office of the Irish Naturalisation and Immigration Service will forward the details of this query to Marketing English in Ireland (MEI) a representative body for a group of ACELS accredited English Language Schools for their attention.

Garda Complaints Procedures

Questions (602)

Finian McGrath

Question:

602. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding a complaint to GSOC in respect of a family (details supplied) in Mayo; and if she will make a statement on the matter. [26110/14]

View answer

Written answers

The Garda Síochána Act 2005 established the Garda Síochána Ombudsman Commission to receive complaints from members of the public concerning the conduct of members of the Garda Síochána. The Act stipulates that the Ombudsman Commission is independent in the exercise of its functions. I have no role in the processing of individual complaints which are referred to the Ombudsman Commission for investigation

Health Services Funding

Questions (603)

John McGuinness

Question:

603. Deputy John McGuinness asked the Minister for Health the amount of funding allocated to an organisation (details supplied) for each year since the commencement of the project; if his Department obtains a comprehensive financial report each year from the organisation; if the assets are listed and in the name of his Department or the organisation; if the funding granted by his Department is allocated thereafter on the basis of set guidelines; if his Department is satisfied that these guidelines are being observed; and if he will make a statement on the matter. [25462/14]

View answer

Written answers

My Department does not provide any funding to this organisation but I understand that the Health Service Executive (HSE) provides funding by way of grant aid and I have referred the Deputy's question to the HSE for direct reply.

Medical Card Eligibility

Questions (604)

Noel Harrington

Question:

604. Deputy Noel Harrington asked the Minister for Health if the means test report carried out for farm assist and non-contributory old age and widows' pensions can be deemed as evidence of means for the purpose of processing of medical cards by the Health Service Executive for persons who are in receipt of these payments; and if he will make a statement on the matter. [25574/14]

View answer

Written answers

The information sought by the Deputy is not readily available. However, I have asked the Health Service Executive to supply this information to me and I will forward it to the Deputy as soon as possible.

Health Services Allowances

Questions (605)

Seán Fleming

Question:

605. Deputy Sean Fleming asked the Minister for Health the amount of money received from the UK Government in each of the past five years and the number of persons covered by these payments in respect of persons living here who are on pensions or other payments from the UK Government as a payment for those persons' health services and their cover by medical card for such persons here; and if he will make a statement on the matter. [25651/14]

View answer

Written answers

Ireland operates a bilateral healthcare reimbursement agreement with the United Kingdom, in respect of health services provided under EU Regulations, covering such persons as temporary visitors between the two countries, pensioners of one country and their dependants residing in the other country, and the dependant families of persons employed in the other country. Under the terms of the agreement net liability between the two countries is calculated on a lump sum basis rather than an individual basis. The agreement does not provide for reimbursement to, or in respect of, a particular individual. The payment made in any one year is based on an estimate of the number of persons falling within categories eligible for reimbursement and for whom each country is liable and an estimate of the average cost of providing healthcare treatment. The amount payable is agreed following compilation of the necessary data and discussions between the two administrations. Payments are made in advance and are subject to final settlement once all necessary statistical and financial information is complete. Total payments in any one year can relate to both final settlements in respect of previous years' liabilities and advance payments in respect of the current year. The net amounts received by Ireland from the United Kingdom in respect of reimbursement of healthcare costs provided under Regulation (EC) No 883/2004 for the years in question are:

2009 - €286m; 2010 - €320m; 2011 - €270m; 2012 - €220m; 2013 - €220m

By far the largest part of the payments made on an annual basis relates to the provision of healthcare to pensioners of one country residing in the other country. The estimated number of pensioners for whom each country is liable has been based on a sample survey undertaken by both administrations every three years. The most recent sample survey was completed in 2008 and the United Kingdom accepted liability for 40% of its pensioner caseload residing in Ireland, equating to 43,600 persons. Both administrations have since agreed in principle to work towards a form of pensioner registration which will form the basis for calculating pensioner reimbursement costs in the future and agreed interim arrangements for determining pensioner liability, based on previous survey results trends.

Direct Provision System

Questions (606)

Stephen Donnelly

Question:

606. Deputy Stephen S. Donnelly asked the Minister for Health if he will provide a yearly breakdown of the number of persons that have been admitted from direct provision accommodation to psychiatric units in the past five years. [26135/14]

View answer

Written answers

As this is a service matter this question has been referred to the HSE for direct reply.

Orthodontic Service Waiting Lists

Questions (607)

Seán Fleming

Question:

607. Deputy Sean Fleming asked the Minister for Health when orthodontic treatment will be approved in respect of a person (details supplied) in County Loais; and if he will make a statement on the matter. [25230/14]

View answer

Written answers

The HSE provides orthodontic treatment to patients based on their level of clinical need. An individual's access to orthodontic treatment is determined against a set of clinical guidelines and priority is given to patients with greatest needs. The HSE has been asked to examine the specific query raised by the Deputy and to reply to him as soon as possible.

Hospital Appointments Administration

Questions (608)

Aengus Ó Snodaigh

Question:

608. Deputy Aengus Ó Snodaigh asked the Minister for Health the reason for the delay in the Royal Victoria Eye and Ear Hospital in referring a person (details supplied) to Tallaght hospital to have hearing aids implanted; and when the procedure will take place [25231/14]

View answer

Written answers

In relation to the particular patient query raised by the Deputy, as this is a service matter, I have asked the Health Service Executive to respond to him directly.

Medical Card Eligibility

Questions (609)

Lucinda Creighton

Question:

609. Deputy Lucinda Creighton asked the Minister for Health if he will investigate the circumstances regarding a medical card in respect of a person (details supplied) in Dublin 6W; if he will review the cessation of the medical card in November 2013 and ensure that a medical card will be issued; if schizophrenia and-or schizo-affective disorder is an illness which qualifies for a medical card; and if he will make a statement on the matter. [25235/14]

View answer

Written answers

Under the Health Act, 1970, eligibility for a medical card is founded primarily on the undue financial hardship test and every application must be assessed on that basis. Under the legislation, determination of an individual’s eligibility for a medical card is the responsibility of the HSE. The 1970 Health Act obliges the HSE to assess whether a person is unable, without undue hardship, to arrange GP services for themselves and their family, having regard to their overall financial situation and reasonable expenditure.

The legislation is clear that qualification for a medical card is means-tested. Medical cards are not awarded - nor have they ever been - on the basis of a particular illness or disease. Medical cards are not issued 'automatically' - or irrespective of means - even if an applicant is suffering from a serious medical condition or a life long condition.

While there is no automatic entitlement to a medical card for persons with specific illnesses, or with a disability, the HSE has discretion to award a medical card to avoid undue hardship, having regard to person’s or the family’s overall financial situation, even where the person’s income exceeds the income guidelines. The HSE is obliged to operate within the legal parameters as set out in the Health Act, while also responding to the variety of circumstances and complexities faced by individuals who apply for a medical card.

However, the Government has decided to develop a new policy framework for eligibility for the award of medical cards to take account of on-going medical conditions. The HSE has established an Expert Panel to examine the range of conditions that should be considered as a basis of eligibility and has been asked to make an early report to Government.

In this context, the HSE has suspended reviews of medical cards where discretion had been exercised to take account of medical circumstances, pending the outcome of this process. This includes people who are currently in the appeals process. The HSE has extended eligibility of the individuals concerned, who are in the process of being advised in the normal way.

The Government is examining how best to address the situation of persons with serious medical conditions who had been issued with a medical card on a discretionary basis, but who have already completed the review process (and appeal process, as relevant) and who are not eligible to retain that card. The Government is examining the most effective and timely way of progressing such change.

The Health Service Executive has been asked to examine the specifics of 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.

Hospital Staff Data

Questions (610)

Pearse Doherty

Question:

610. Deputy Pearse Doherty asked the Minister for Health if the same person holds the role of chief operations office and facilities director at University Hospital Limerick; if so, the total remuneration this person receives; and if he will make a statement on the matter. [25237/14]

View answer

Written answers

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

Hospital Staff Data

Questions (611)

Pearse Doherty

Question:

611. Deputy Pearse Doherty asked the Minister for Health the measures in place to prevent a hospital-Health Service Exective employee from awarding contracts where they may have a conflict of interest; if any such allegations are being investigated; and if he will make a statement on the matter. [25238/14]

View answer

Written answers

As this is an operational matter, I have referred the question to the HSE for directly reply.

Cancer Screening Programmes

Questions (612)

Tony McLoughlin

Question:

612. Deputy Tony McLoughlin asked the Minister for Health the progress that has been made to date in extending the free BreastCheck service to women up to age 70; and if he will make a statement on the matter. [25253/14]

View answer

Written answers

The BreastCheck Programme provides free mammograms to all women aged 50-64. A priority of the BreastCheck Programme at present is to maximise national uptake in the 50-64 year age cohort. It also aims to extend the upper age range to include the 65-69 age cohort as soon as possible in line with available resources.

EU Directives

Questions (613)

Pearse Doherty

Question:

613. Deputy Pearse Doherty asked the Minister for Health the reason nine months after its due transposition date the EU Commission says Ireland has not yet notified it of any transposition measures for Directive 2011/24/EU; and if he will make a statement on the matter. [25254/14]

View answer

Written answers

With the commencement of S.I. 203 of 2014 on 1st June 2014 the principal areas of the Directive have been transposed and the HSE is in a position to operate the terms of the Directive.  Details are available on the HSE website at http://www.hse.ie/eng/services/list/1/schemes/cbd/.   The formal process of notification to the Commission of this transposition is in hand and is expected to be completed by the end of this week.

Transposition measures in relation to two provisions of the Directive remain to be completed, namely, changes to the Prescription Regulations and measures relating to mandatory liability insurance for regulated health professionals providing cross-border healthcare.  These matters are being worked on by my Department.  The Commission is aware that this work is ongoing.

Cancer Screening Programmes

Questions (614)

Tony McLoughlin

Question:

614. Deputy Tony McLoughlin asked the Minister for Health when Sligo Regional Hospital will be up and running as a colonoscopy centre for the national colorectal screening programme as announced in the autumn of 2011; and if he will make a statement on the matter. [25257/14]

View answer

Written answers

BowelScreen, the National Bowel Screening Programme, commenced operation in late 2012 for men and women aged 60 to 69 years. Sligo General hospital has been operational as a Screening Colonoscopy Unit for BowelScreen since Spring 2013.

Medical Card Reviews

Questions (615, 675)

Seán Ó Fearghaíl

Question:

615. Deputy Seán Ó Fearghaíl asked the Minister for Health if discretionary medical cards will be immediately returned to a family (details supplied); and if he will make a statement on the matter. [25258/14]

View answer

Seán Ó Fearghaíl

Question:

675. Deputy Seán Ó Fearghaíl asked the Minister for Health if a discretionary medical card will be immediately returned to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [25664/14]

View answer

Written answers

I propose to take Questions Nos. 615 and 675 together.

The Government has decided to develop a new policy framework for eligibility for the award of medical cards to take account of on-going medical conditions. The HSE has established an expert panel to examine the range of conditions that should be considered as part of this process and has been asked to make an early report to Government.

In this context, the HSE has suspended reviews of medical cards where discretion had been exercised to take account of medical circumstances, pending the outcome of this process. This includes people who are currently in the appeals process. The HSE has extended eligibility of the individuals concerned, who are in the process of being advised in the normal way.

The Government is examining how best to address the situation of persons with serious medical conditions who had been issued with a medical card on a discretionary basis, but who have already completed the review process (and appeal process, as relevant) and who are not eligible to retain that card. The Government is examining the most effective and timely way of progressing such change.

Audiology Services Provision

Questions (616)

Seán Fleming

Question:

616. Deputy Sean Fleming asked the Minister for Health when a person (details supplied) in County Laois will have their hearing aids installed; and if he will make a statement on the matter. [25259/14]

View answer

Written answers

The Health Service Executive Community Audiology service administers and monitors hearing tests for adults who are at risk for hearing loss. Appointments for the audiology service are sent in a strict chronology according to clinical priorities and date of receipt of referral. The HSE has been asked to examine this matter and to reply to the Deputy as soon as possible.

Medical Card Reviews

Questions (617)

Ciaran Lynch

Question:

617. Deputy Ciarán Lynch asked the Minister for Health further to Parliamentary Question No. 219 of 23 January 2014 and 259 of 3 April 2014, if the information requested has been compiled (details supplied); and if he will make a statement on the matter. [25280/14]

View answer

Written answers

I can advise the Deputy that, during 2013, the HSE issued 644,858 review notices.

At end-February 2014, the assessment of eligibility had been concluded in relation to 482,866 cardholders. Continuing eligibility was confirmed in relation to 465,608 cards (96.4% of assessments). In the case of 17,258 cards were not renewed (3.6% of assessments) because the eligibility criteria, e.g. income thresholds, were not met.

In 52,322 cases, medical cards were not renewed because the cardholder did not respond to the review process (8.1% of review notices).

The assessment of eligibility was on-going in relation to 102,934 cards and in 6,736 cases the cardholder was deceased (16% of review notices).

Hospital Appointment Delays

Questions (618)

Tom Fleming

Question:

618. Deputy Tom Fleming asked the Minister for Health if he will expedite a hospital appointment in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [25293/14]

View answer

Written answers

Should a patient's general practitioner consider that the patient's condition warrants an earlier appointment, he or she would be in the best position to take the matter up with the consultant and hospital involved. In relation to the specific hospital appointment query raised by the Deputy, as this is a service matter it has been referred to the HSE for direct reply.

Medical Card Reviews

Questions (619)

Lucinda Creighton

Question:

619. Deputy Lucinda Creighton asked the Minister for Health if he will investigate the circumstances regarding a medical card in respect of a person (details supplied) in Dublin 6; if he will review the refusal and-or revocation of the full medical card in August 2013 in view of the fact that their condition is incurable and progressive; if a medical card will be issued; and if he will make a statement on the matter. [25302/14]

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.

Ambulance Service Staff

Questions (620)

Brian Walsh

Question:

620. Deputy Brian Walsh asked the Minister for Health if a transfer request in respect of a person (details supplied) in county Galway employed in the ambulance service will be accommodated; and if he will make a statement on the matter. [25310/14]

View answer

Written answers

As this is an operational matter, I have referred the question to the HSE for direct reply.

Hospital Waiting Lists

Questions (621)

Brian Walsh

Question:

621. Deputy Brian Walsh asked the Minister for Health if a surgical procedure in respect of a person (details supplied) in County Westmeath awaiting an appointment will be expedited; and if he will make a statement on the matter. [25313/14]

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.

Health Services

Questions (622)

Finian McGrath

Question:

622. Deputy Finian McGrath asked the Minister for Health the position regarding the services that are available in respect of a person (details supplied); and if he will make a statement on the matter. [25324/14]

View answer

Written answers

The HSE operates a Treatment Abroad Scheme (TAS), for persons entitled to treatment in another EU/EEA member state or Switzerland under EU Regulation 1408/71, as per the procedures set out in EU Regulations 574/72, and in accordance with Department of Health Guidelines. Patients, in conjunction with their Irish based public referring hospital consultant, have the ability to apply to the HSE TAS seeking access to public healthcare outside the state through model form E112. The treatment must not be available within the State or not available within a time normally necessary for obtaining it. Applications to TAS are processed and a determination given in accordance with the statutory framework prior to a patient travelling to avail of treatment. A decision is made on each application in accordance with this legislation and guidelines and on the basis of a review by clinical experts. Approved applicants/patients' hospital treatment costs are covered through the issue of form E112 (IE) for the specific identified episode of care. Once a patient is discharged from a specific episode of care abroad, their care immediately reverts to their Irish based consultant.

The TAS allows for an Irish based medical consultant to refer a patient that is normally resident in Ireland for treatment, in a public hospital, in another EU/EEA member state or Switzerland, where the treatment in question meets the following criteria:

(a) The application to refer a patient abroad has been assessed and a determination given before that patient goes abroad.

(b) Following clinical assessment, the referring Consultant certifies the following:

- They recommend the patient be treated in another EU/EEA country or Switzerland;

- The treatment is medically necessary and will meet the patient’s needs;

- The treatment is a proven form of medical treatment and is not experimental or test treatment;

- The treatment is in a recognised hospital or other institution and is under the control of a registered medical practitioner;

- The hospital outside the state will accept EU/EEA form E112 (IE).

Each application to the HSE TAS is reviewed individually on its own merits and there are no restrictions, regarding age or otherwise, on a person making an application to the HSE TAS for review and decision. Previous approvals or declines are not used as an influencing factor on subsequent applications. Each application is for an individual episode of care unless otherwise specified by the consultant on the application form. Each application to TAS is processed and given a formal written decision. If that decision is one of decline, the reason for that decision is clearly outlined and the option of an appeal is afforded.

I understand from the Deputy that this individual is in the care of the National Rehabilitation Hospital. I am advised by the HSE's Treatment Abroad Scheme Office that where it is envisaged that further care outside the State is required this would be subject to a referral, in respect of that treatment abroad, from the relevant consultant responsible for this individual's care. I am further advised that as yet no referral for treatment abroad has been received by the Treatment Abroad Scheme Office in respect of this individual and that this position has been advised to the Deputy in replies to previous Parliamentary Questions. Until such time as a fully completed application, completed by both the individual and her Irish-based referring consultant, is received by the Treatment Abroad Scheme Office no determination on treatment abroad can be made.

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