Skip to main content
Normal View

Wednesday, 25 Jun 2014

Written Answers Nos. 131 - 150

Citizenship Applications

Questions (131)

Michael Healy-Rae

Question:

131. Deputy Michael Healy-Rae asked the Minister for Justice and Equality with regard to citizenship, if she can waive the waiting period that one has to wait if a Deputy makes strong representations on behalf of a person and believes it is a genuine situation; and if she will make a statement on the matter. [27488/14]

View answer

Written answers

I take it the Deputy is referring to the length of time taken to process an application and I am pleased to inform him there is no waiting period as such in relation to the processing of applications for naturalisation with a majority of cases now being processed within six months.

Applications are continuously processed from date of receipt. Enquiries are made to establish if the applicant satisfies the conditions for naturalisation such as residency and good character. As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level. There are no circumstances under which these necessary checks would be waived as to do so would undermine the integrity of the process. The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process and, in some instances, completing the necessary checks can take a considerable period of time. It is recognised that all applicants for citizenship would wish to have a decision on their application without delay and every effort is made to process each application as expeditiously as possible, having regard to the particular circumstances of the case.

As the Deputy is no doubt aware, the Irish Nationality and Citizenship Act 1956, as amended, requires that an applicant for naturalisation is required to have one year's continuous reckonable residence in the State immediately before the date of the application and, during the eight years preceding that, to have a total reckonable residence amounting to four years. The INIS website www.inis.gov.ie includes a residency calculator to assist prospective applicants in this regard. Section 16 of that act provides that I may, in my absolute discretion, waive the conditions for naturalisation in certain circumstances, for example where the applicant has Refugee status or is of Irish associations.

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.

Road Traffic Offences

Questions (132)

Robert Dowds

Question:

132. Deputy Robert Dowds asked the Minister for Justice and Equality if photographs taken by traffic cameras of persons who commit traffic offences may be used by the Garda for the purposes of identifying the persons concerned. [27502/14]

View answer

Written answers

I am informed by the Garda authorities that while driver images may in some cases be captured by the Garda safety camera system, the system's purpose and configuration is designed to identify the registration number of the vehicle concerned.

Direct Provision System

Questions (133)

Brendan Griffin

Question:

133. Deputy Brendan Griffin asked the Minister for Justice and Equality her views on a matter (details supplied) regarding direct provision; and if she will make a statement on the matter. [27524/14]

View answer

Written answers

I have read the letter attached to this Dáíl Question from a Kerry resident in which concern is expressed about the direct provision system of accommodation for protection applicants while a final decision is awaited on their protection or any related leave to remain application. The Reception and Integration Agency (RIA) of my Department is responsible for operation of the direct provision system. As of 8 June 2014, there were 4,353 persons availing of direct provision accommodation and supports in 34 accommodation centres across 16 counties Since the system was introduced, over 52,000 protection applicants have been accommodated by RIA.

Extensive information is available on the RIA website - www.ria.gov.ie - about the system of direct provision, including information regarding the inspection regime to ensure standards are maintained in centres, about RIA's Child Protection policy and about the complaints procedures in centres. I accept that the direct provision system is not ideal and I further acknowledge that the length of time that residents spend in Direct Provision is an issue to be addressed. My immediate priority is that the factors which lead to delays in the processing of cases are dealt with so that protection seekers spend as little time as necessary in direct provision.

A key priority for this Government is legislative reform aimed at establishing a single application procedure for the investigation of all grounds for protection and any other grounds presented by applicants seeking to remain in the State. Such reform would substantially simplify and streamline the existing arrangements by removing the current multi-layered and sequential processes and provide applicants with a final decision on their application in a more straightforward and timely fashion. In consultation with my officials, I am reviewing the work done to date in respect of the Immigration, Residence and Protection Bill and will then decide on how best to progress the implementation of the Government's priorities, in particular to expedite those relating to the establishment of a single application procedure.

Garda Vetting of Personnel

Questions (134)

Éamon Ó Cuív

Question:

134. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the reason Garda clearance does not apply to an applicant for a fixed period of time irrespective of the employment a person is in during that period; the reason it is not just person specific rather than being person and employment specific; the reason a Garda clearance card could not be issued to all persons with Garda clearance that could be verified against the central database; and if she will make a statement on the matter. [27525/14]

View answer

Written answers

Ensuring the safety of children and vulnerable adults is the primary consideration in any vetting process and accordingly such vetting processes demand rigorous procedures to ensure their integrity and to maintain the highest level of confidence by the public and organisations availing of the service. To that end full vetting checks are conducted by the Garda Central Vetting Unit (GCVU) for each new vetting application received to ensure that the most recent data available is taken into account.

The current procedures for Garda vetting ensure the integrity of the system. This is because once there has been any significant lapse of time between one employment and another, the original Garda Vetting Disclosure would not include information regarding any recent criminal convictions, and the second employer could not safely rely on it. Furthermore, under the Data Protection Acts, any sensitive personal data which employers use in regard to their employees must be current, accurate and up-to-date and employers would be exposed to civil liability if they knowingly recruited staff based on out-of-date criminal records information where the person in fact had a more recent criminal conviction. Effectively, the non-transferability and contemporaneous nature of the current process protects against the risk of fraud or forgery and is a guarantee of the integrity of the vetting service and such procedures are in line with best practice internationally.

There are, however, certain limited circumstances where organisations can share a single vetting disclosure where this is agreed to by the vetting applicant. For example, persons involved in voluntary work may be doing work with more than one voluntary organisation at the same time, and may agree with the vetting applicant to share a single vetting disclosure. Similar arrangements arise in the health sector in regard to persons working as locums, agency nurses or other temporary employees in a number of different organisations, or in the education sector where substitute teachers are on panels for substitute teaching in more than one school.

Finally, the current average processing time for vetting applications is four weeks. Any vetting process will take a certain minimum amount of time to complete and, taking into account the need to protect children and vulnerable adults while providing an effective and efficient service, I do not think that this time period is unreasonable.

Garda Station Expenditure

Questions (135)

John Browne

Question:

135. Deputy John Browne asked the Minister for Justice and Equality the total amount of moneys spent to date on the purchasing of lands for the proposed new Garda station in Wexford town; and if she will make a statement on the matter. [27551/14]

View answer

Written answers

The provision of Garda accommodation, including all site purchases and new buildings, comes under the remit of the Office of Public Works (OPW). The relevant expenditure is met from the OPW Vote. In that context, I am advised by the Office of Public Works that expenditure of €1.95 million has been incurred in relation to the purchase of land, at Rocksborough, for the provision of a Garda Divisional Headquarters in Wexford.

Criminal Law

Questions (136)

Eoghan Murphy

Question:

136. Deputy Eoghan Murphy asked the Minister for Justice and Equality the reason the Irish definition of hatred as per the Prohibition of Incitement to Hatred Act 1989 does not include gender as its basis, or gender identity or expression, as per EU law. [27580/14]

View answer

Written answers

EU Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law requires the Member States to criminalise incitement to hatred, hatred being defined by reference to race, colour, religion, descent, or national or ethnic origin. The Prohibition of Incitement to Hatred Act 1989 defines "hatred" by reference to race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation.

It is important not to confuse the 2008 framework decision with Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime, which is a separate EU instrument. This does not address the criminalisation of incitement to hatred. It includes a requirement for the individual assessment of victims to identify specific protection needs and to determine whether, and to what extent, they would benefit from special measures in the course of criminal proceedings due to their particular vulnerability to secondary or repeat victimisation, intimidation or retaliation. Such assessments include the personal characteristics of the victim. Recital 56 of the directive indicates that personal characteristics, in this context, includes "gender and gender identity or expression". The Member States are required to bring into force the laws, regulations and administrative provisions necessary to comply with the directive by November, 2015.

Crime Prevention

Questions (137)

Finian McGrath

Question:

137. Deputy Finian McGrath asked the Minister for Justice and Equality if the Garda can come up with a prevention plan in respect of break-ins in an area (details supplied) in Dublin 3; and if she will make a statement on the matter. [27586/14]

View answer

Written answers

The Deputy will be aware that Gardaí pursue a range of strategies to counter crime trends, including the coordinated national strategy targeting burglary crime under Operation Fiacla, which has led to steady reductions in the level of burglary crimes as well as the arrest of 9,343 persons and charges being brought against 5,341 persons since it was established in early 2012. As part of the measures which are coordinated under Operation Fiacla, Operation Acer is in force throughout the Dublin Metropolitan Region, including Clontarf. It is an intelligence driven operation and includes analysis led checkpoints and patrols to target specific areas and case manage targeted offenders. These arrangements are kept under review to ensure adjustments are made to maintain the effective focus of the operation. I have requested a report from the Garda authorities in relation to the specific circumstances referred to by the Deputy and I will contact him directly as soon as the report is to hand.

Respite Care Services

Questions (138)

Bernard Durkan

Question:

138. Deputy Bernard J. Durkan asked the Minister for Health if longer respite will be provided for the child of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [27458/14]

View answer

Written answers

As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply to the Deputy.

Medical Card Applications

Questions (139)

John O'Mahony

Question:

139. Deputy John O'Mahony asked the Minister for Health further to Parliamentary Questions Nos. 209, 210, 211 and 212 of 4 June 2014, when the information requested will issue; and if he will make a statement on the matter. [27422/14]

View answer

Written answers

I have issued a reminder to the HSE and will revert to the Deputy once the information requested has been received.

Medical Card Applications

Questions (140)

John O'Mahony

Question:

140. Deputy John O'Mahony asked the Minister for Health when a person (details supplied) in County Mayo will receive a decision on their application for a medical card; and if he will make a statement on the matter. [27424/14]

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.

Health Services

Questions (141)

Michael McGrath

Question:

141. Deputy Michael McGrath asked the Minister for Health if he will provide details of the community care services being provided in respect of a person (details supplied) in County Cork. [27429/14]

View answer

Written answers

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

Hospital Staff

Questions (142)

Gerald Nash

Question:

142. Deputy Gerald Nash asked the Minister for Health if he will provide details on the current position regarding the staffing arrangements pertaining to nursing, psychology and dietetics for IBD patients at Our Lady's Hospital, Crumlin; if the Health Service Executive will provide on a ring-fenced and exclusive basis a psychologist, a nurse and a dietician to operate exclusively with IBD patients at the hospital; and if he will make a statement on the matter. [27432/14]

View answer

Written answers

In relation to the detailed queries raised by the Deputy, as these are service matters they have been referred to the HSE for direct reply.

Medical Card Eligibility

Questions (143)

Billy Kelleher

Question:

143. Deputy Billy Kelleher asked the Minister for Health if spinal cord injury will be one of the eligible long-term illnesses that will be included in the new medical card assessment framework; and if he will make a statement on the matter. [27437/14]

View answer

Written answers

The current eligibility system for health services, which has been in place since 1970, is based primarily on financial criteria. Therefore, the Government has decided to develop a policy framework for providing eligibility for health services to take account of medical conditions, including new legislation as appropriate and a HSE clinical expert group is to examine the range of conditions that should be considered as part of this process. The group has been asked to make an early report to the Minister for Health in the autumn.

Medical Card Applications

Questions (144)

Jack Wall

Question:

144. Deputy Jack Wall asked the Minister for Health if a medical card in respect of a person (details supplied) in County Kildare will be renewed; and if he will make a statement on the matter. [27441/14]

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.

Hospital Services

Questions (145)

Michael Creed

Question:

145. Deputy Michael Creed asked the Minister for Health further to Parliamentary Question No. 222 of 26 March 2014, if he is satisfied that sufficient resources, including resources for theatre availability for surgery and post-operative care, are available within the public health service to deal with adolescent scoliosis; the information available to him regarding the numbers of young adolescents awaiting surgery in this area; the number of procedures carried out weekly in our public hospitals; and if he will make a statement on the matter. [27446/14]

View answer

Written answers

In relation to the detailed query raised by the Deputy I have asked the HSE to respond directly to them in relation to this matter.

Health Services

Questions (146)

Billy Kelleher

Question:

146. Deputy Billy Kelleher asked the Minister for Health if financial assistance is available to pay for the transportation of a nursing home resident (details supplied) and a companion to allow them to move to England and into the care of their child; and if he will make a statement on the matter. [27447/14]

View answer

Written answers

The HSE does not provide financial assistance towards the transportation costs of moving from one nursing home to another or, as in this case, from a nursing home in Ireland to live with family in England.

Home Help Service Provision

Questions (147)

Bernard Durkan

Question:

147. Deputy Bernard J. Durkan asked the Minister for Health the position regarding home help in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [27448/14]

View answer

Written answers

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

Medical Card Reviews

Questions (148)

Jack Wall

Question:

148. Deputy Jack Wall asked the Minister for Health the position regarding an application for a review of the decision to only grant a GP visit card in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [27449/14]

View answer

Written answers

In the context of the Government's decision to develop a policy framework for providing eligibility for health services on the basis of medical conditions, the Government recently announced that a medical card or GP visit card is to be issued to a person, with a serious illness, whose discretionary card was refused renewal since the centralisation of medical card assessments. If the medical card or GP visit card to which the Deputy refers was awarded by way of discretion and was refused renewal in the period from 1 July 2011 to 31 May 2014 following the completion of an eligibility review, a card will issue by the HSE.

The HSE has commenced the process of identifying and contacting persons to advise them that their medical cards and GP visit cards will issue. It is estimated that this process will take 3 weeks. No action is required on the part of those affected as the HSE will be in contact. If people do not hear from the HSE by mid July, they should contact the HSE on its Lo-Call contact number: 1890 25 29 19. These individuals will be able to access medical card and GP visit card services in the normal manner when they have been advised by the HSE that their medical card or GP visit card is active.

The Health Service Executive has been asked to examine the specific query raised 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 Applications

Questions (149)

Bernard Durkan

Question:

149. Deputy Bernard J. Durkan asked the Minister for Health if and when a medical card will issue in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [27450/14]

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 Applications

Questions (150)

Bernard Durkan

Question:

150. Deputy Bernard J. Durkan asked the Minister for Health if and when a medical card will issue in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [27451/14]

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.

Top
Share