Written Answers Nos. 81 - 100
81. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 127 of 23 October 2014, if an application for family reunification has been refused in respect of a person (details supplied) in Dublin 22; and if she will make a statement on the matter. [44666/14]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that, further to Parliamentary Question No. 127 of 23 October 2014, no application has been received to date from the person referred to by the Deputy.
Information on the family reunification applications process is available on the website of the Irish Naturalisation and Immigration Service of my Department at www.inis.gov.ie.
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.
82. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [44667/14]
View answerI am advised by the Irish Naturalisation Immigration Service (INIS) of my Department that the person concerned was granted temporary permission to remain in the State for one year in 2000 under the arrangements then in place for the non-EEA national parents of Irish born citizen children. This permission was renewed subsequently until 1 September, 2008, the expiry date on the passport of the person concerned. Following a review of her case by the relevant officials in the INIS, her permission was renewed in 2013 and is currently valid until 11 February, 2015.
Section 15 of the Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in her absolute discretion, grant a certificate of naturalisation provided certain statutory conditions are fulfilled. One such condition is that the applicant must have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years.
An application for a certificate of naturalisation from the person concerned was received in the Citizenship Division of INIS on 17 September, 2014. On examination of the application submitted it was determined that the person in question did not meet the statutory residency requirements as set out in the Act and referred to above. The person concerned was informed of this by letter on 12 November, 2014 along with a calculation of her periods of reckonable residence.
It is open to the person concerned to lodge a further application for citizenship if and when she is in a position to meet the prescribed statutory requirements. The on-line Naturalisation Residency Calculator available on the INIS web-site at www.inis.gov.ie can be used as a guide to whether an individual satisfies the naturalisation residency conditions and, if not, give an indication of how long they should wait before making an application.
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 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.
83. Deputy Terence Flanagan asked the Minister for Justice and Equality the steps she is taking to tackle long waiting queues regarding immigration queries; and if she will make a statement on the matter. [44715/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the Garda National Immigration Bureau (GNIB) provides registration functions for all Non-EEA persons who intend to reside in the State for longer than 90 days. These functions are provided from the Burgh Quay offices in respect of the Dublin Metropolitan Region. The offices also provides a range of other immigration related services with in the region of 130,000 people per annum attending in person at the office. These include applications for re-entry visas which are issued to visa-required nationals resident in Ireland to ensure they can return following a trip to their home country or a third country. There is no requirement to attend in person to apply for such a visa and a postal service and a drop-box service are provided.
The nature of the services provided is such that it is demand led and accordingly, there are peaks and valleys in the numbers of callers at different times of the year. For the purpose of the efficient processing of the registration of up to five-hundred people who attend at this registration office every day, GNIB personnel who are employed there operate a shift system, which ensures it is open from 8am to 9pm each Monday to Thursday and 8am to 6pm each Friday (excluding bank holidays) and remains open through lunchtime. A numbered ticket issuing system is operated at this registration office, to ensure that those attending are dealt with on a ‘first come first served’ basis. In addition those attending are advised of the approximate time that they will be dealt with, which allows them to leave the office and return later in the day, if they so wish. A GNIB officer is also deployed to meet with each person on arrival at the office to ensure that they are in possession of all of the necessary documentation required for registration, so that unnecessary delays are avoided. Specific times are set aside for certain categories of persons such as students. In addition, to deal with the recent high level of demand for services the office opened on two recent Saturdays: 4 October and 11 October 2014.
In common with the operation of immigration functions in other States, immigrants seeking to register are required to present in person at my offices. This is necessary for establishment of identity and as an anti-fraud measure and is the practice of immigration services worldwide. For the majority of customers the Garda National Immigration Bureau provides a 'same day service' at its Burgh Quay office.
My Department’s customer service charter encompasses INIS and the organisation is continually seeking to improve the quality of services provided to customers. A major overhaul of the public reception facilities in Burgh Quay with vastly improved public areas was completed last year. In addition, the immigration service is planning to introduce an on-line booking system for appointments as part of a wider plan to transfer the registration function from the Garda National Immigration Bureau to INIS. The aim of the booking system is to give certainty to customers that they will be dealt with within a stated time window and at the same time enabling the immigration service to match its staff resources to meet demand at any particular time. The new reception facilities have been designed to cater for such a system.
Finally, I might add that this office is probably one of the busiest Public Offices with some of the longest opening times in the State. As I indicated earlier, around 130,000 persons attend the Burgh Quay office each year, which I am sure the Deputy will appreciate presents ongoing logistical challenges. I am anxious that queuing be reduced to the absolute minimum at the earliest possible opportunity and consistent with the requirement to protect our immigration system from abuses. I am confident that the measures outlined above will further improve the services provided to customers calling to this office.
84. Deputy Niall Collins asked the Minister for Justice and Equality her plans to reform the firearms legislation; if her attention has been drawn to the concerns held by those who use firearms for sport with regard to this reform; and if she will make a statement on the matter. [44717/14]
View answerIn light of public safety concerns highlighted by An Garda Síochána and difficulties in the interpretation of the legislation expressed by members of the judiciary, a joint Department of Justice and Equality/An Garda Síochána Working Group was established by my Department to review firearms licensing. The Report of this Working Group was published on 13 November and submissions on the Report were originally sought from stakeholders and the public during a one month consultation period until 15 December. I have agreed to a request to extend the deadline for receipt of submissions to 31 January 2015 in order to ensure all interest groups get the opportunity to make submissions.
This process gives individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation. I am aware of concerns raised by a coalition of shooting groups and I hope to receive submissions from these groups and a broad range of people with an interest in firearms licensing.
I will not make any final decisions until I have had an opportunity to consider all the submissions which have been made and I have met the key stakeholders, including the organisations who represent those who use firearms for sporting purposes.
85. Deputy Niall Collins asked the Minister for Justice and Equality if she is satisfied with the current operation of legal services with regard to probate; if her office has received complaints or has been made aware of issues surrounding how the legal professions act with regard to probate; and if she will make a statement on the matter. [44718/14]
View answerMatters relating to wills and probate are generally subject to the provisions of the Succession Act 1965. As the Deputy will appreciate, it would not be appropriate for me, as Minister, to interpret or otherwise provide what would amount to legal advice on particular matters of probate which may also be the subject of ongoing legal dispute between any of the parties concerned. It should also be pointed out that a number of these matters come within the remit of the Probate Office, which is not a Government office but operates under the 'non-contentious' probate jurisdiction of the High Court. Further information relating to the Probate Office, which has a number of district branches, can be found on the website www.courts.ie.
While I do from time to time receive correspondence relating to probate matters and while the general issues so raised may come to inform policy and legislative change, I am not, as Minister, the appropriate authority to deal with specific or individual complaints in this area. Should a client have concerns about the conduct of a solicitor in dealing with specific matters relating to wills or probate, then he or she may wish to make a complaint under the Solicitors Acts 1954-2011. Under the Acts the Law Society is the designated regulatory body for solicitors in the State and complaints should be made within that legislative framework. An aggrieved client wishing to make such a complaint under the Solicitors Acts should contact the Law Society directly. Much of the relevant information, including the Society’s contact details, is to be found on the website www.lawsociety.ie including guidance on how to make a complaint.
The independent Solicitors Disciplinary Tribunal is a further route of redress for anyone who is unhappy with the legal services they received from a solicitor. The Tribunal deals with allegations of serious misconduct and may be accessed directly by members of the public. The website www.distrib.ie provides guidance in this regard. A request for a review of a decision of the Law Society in relation to a complaint made may also be made at a later stage to the Independent Adjudicator (www.independentadjudicator.ie). Should it be considered in their best interests, aggrieved clients may also choose to pursue their case through the judicial process.
86. Deputy Barry Cowen asked the Minister for Justice and Equality if she will provide in tabular form, the number of staff in her data protection office; if she has a specified data protection officer; and if she will make a statement on the matter. [44731/14]
View answerThe Deputy may wish to note that the Office of the Data Protection Commissioner (ODPC) is an Office under the aegis of my Department. However, the Office is statutorily independent in the discharge of its functions. There are currently thirty staff serving in the ODPC in Full Time Equivalent (FTE) terms.
My Department also has responsibility for data protection legislation and policy including the negotiations which are currently ongoing at European level in relation to the updating of the European Union Data Protection framework.
In respect of the administration of Data Protection access requests received by my Department, I understand that such requests for the Department's main offices are processed by the Information Access Unit. There are three staff members in this Unit including the Data Protection Access Officer.
87. Deputy Niall Collins asked the Minister for Justice and Equality if her attention has been drawn to the case outlined by a person (details supplied) in County Clare; her views on this matter; if she will take action on this matter; and if she will make a statement on the matter. [44756/14]
View answerThe person to whom the Deputy refers is amongst those whose complaints are being considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, or to other public representatives with a view to determining to what extent and in what manner further action may be required in each case.
A panel consisting of two Senior and five Junior Counsel was established for the purpose. The counsel appointed to the panel were all selected on the basis of their experience of the criminal justice system. The review of each complaint will consist of an examination of the papers in the complaint by a counsel from the panel. Following the review of each complaint a recommendation will be made as to whether any further action is desirable and could practicably be taken.
88. Deputy Robert Troy asked the Minister for Children and Youth Affairs if the terms of reference for the inquiry into mother and baby homes will include an investigation into the Bethany Home in County Dublin, Westbank Orphanage in County Wicklow and the Church of Ireland Magdalen home in County Dublin; and if he will make a statement on the matter. [44577/14]
View answerAs the Deputy will be aware, I am consulting with a number of key stakeholders, including the Bethany Survivor's Campaign and Survivors of Protestant Children's Institutions whom I have met in recent days, in order to update the parties on the emerging issues and to seek their further views.
Requests to include a range of institutions, and concerns related to particular practices are being examined in our current deliberations. While I have not finalised my considerations on the scope of the Investigation, it is clear at this stage that at least some of the issues being raised in public debate are beyond the intended central focus on Mother and Baby Homes as debated in this House.
A key challenge in deciding on the scope of the investigation is to ensure that a realistic approach is taken so that the Commission is in a position to investigate these matters in a workable and effective manner. As recommended by the Inter-Departmental Report, our approach should have regard to the facts established through recent inquiries into related institutions, and the general experience gained in conducting similar investigations into matters of public importance. The House is only too well aware of previous Tribunals and Commissions that generated a great deal of expense and due to their protracted nature took much longer to arrive at conclusions than most centrally concerned or than this House would have wished.
Following the finalisation of the terms of reference it is my intention to bring these matters to Government as soon as possible thereafter.
89. Deputy Robert Troy asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 255 of 12 June 2014 if he will provide the expenses claimed by members of staff attending Health Service Executive child care conferences; his views on the number of staff attending these conferences; and to which section of the HSE they are affiliated. [44644/14]
View answerI am assuming the child care case conferences referred to by the Deputy are those which come under the aegis of the Child and Family Agency. It should be noted that case conferences of this type are case specific. Consequently, the composition of the attendees would not be set and can include staff from the Agency, doctors, public health nurses, psychologists, other health professionals, teachers, Gardaí, Probation officers and other self employed professionals. In relation to expenses claimed by HSE staff from the HSE, this is outside of my remit and I cannot provide this information to the Deputy.
In relation to expenses claimed by Agency staff, I have asked if it is possible to disaggregate the relevant information and I will revert to the Deputy when a response is to hand.
90. Deputy Terence Flanagan asked the Minister for Children and Youth Affairs his plans for introducing new youth facilities in Dublin in 2015; and if he will make a statement on the matter. [44712/14]
View answerMy Department administers a range of funding schemes and programmes to support the provision of youth services to young people throughout the country including those from disadvantaged communities. The funding schemes support national and local youth work provision to some 380,000 young people and involve approximately 1,400 youth work staff in 477 projects and 40,000 volunteers working in youth work services and communities throughout the country. In 2014, funding of €49.78m has been provided to my Department for these schemes.
Funding provided by my Department to support youth projects in the Dublin City area is administered, on behalf of my Department, by the City of Dublin Youth Services Board/City of Dublin ETB, County Dublin and Dún Laoghaire ETB, Dublin City Council, Dún Laoghaire-Rathdown County Council and a number of other administering bodies. Over €20m has been provided for local youth services in the Dublin area in 2014. In addition, under the 2013 Youth Café Scheme funding was approved for 4 new youth cafés in Dún Laoghaire, Tallaght, Castleknock and the Peter McVerry Trust, Dublin 7 to the value of €210,000. These projects are currently working with Pobal to develop their projects to the next stage.
I am pleased to advise the Deputy that Budget 2015 has confirmed that funding of €49.78m will again be provided to my Department in 2015 to support the provision of youth services. There will be no reduction in the overall allocation for youth services in 2015 which was a key priority for youth organisations. My Department has commenced work on the detailed allocations for youth services and projects in 2015. Every effort will be made to notify youth organisations and projects of their 2015 allocations in respect of their youth services as soon as possible. The focus in 2015 will again be on maintaining frontline services for young people, particularly those for the most vulnerable young people.
91. Deputy Barry Cowen asked the Minister for Children and Youth Affairs if he will provide in tabular form, the number of staff in his data protection office; if he has a specified data protection officer; and if he will make a statement on the matter. [44722/14]
View answerThe Department of Children & Youth Affairs does not have a specific data protection office. This function falls under the Support Services Unit within my Department with the head of this area also acting as the data protection officer for the Department.
As part of the ongoing work in this area my Department has developed a records management protocol and database system to manage all records held within the Department. Policy and best practice will continue to be developed in this area and in the area of data protection. This will be updated as appropriate.
92. Deputy Sean Fleming asked the Minister for Health his views on the registration fees for nurses charged by the Nursing and Midwifery Board of Ireland in view of the fact that the fee has gone up from €88 a couple of years ago to €150; if he is satisfied that this is reasonable; and if he will make a statement on the matter. [44554/14]
View answerA new Nurses and Midwives Act was passed into legislation in 2011. The Act provides, inter alia, for the protection of the public in its dealings with nurses and midwives and the enhancement of their high standards of professional education and competencies. The Department of Health is responsible for oversight of the governance of the Nursing and Midwifery Board of Ireland (NMBI). The Department has no role in setting or approving registration fees.
The Board is an independent body, answerable to the Oireachtas, with the responsibility to ensure that it has the financial capacity to undertake all its legal obligations. The cost of enacting the additional requirements under the Nurses and Midwives Act 2011 was set out in the Regulatory Impact Analysis that was carried out prior to the enactment of the legislation. These costs include an enhanced regulatory process with supporting systems for continued professional development and certain education and training requirements for the professions.
It was also made clear at the time of the legislation that the Board would continue to be self-funding and needed to plan and cost how it would fulfil its legal obligations. Following detailed negotiations with the Executive and Board members in 2013 it was agreed in October 2013 that an initial once-off sum of €1.6m would be granted by the Department to the Board to cover 2013/2014 costs, but that the Board would have to increase its income in 2015 to undertake its commitments in the legislation. The Board of the NMBI made the decision to increase the annual registration fee at its meeting on 17th September, 2014. A helpline, email address and website information page have been made available by the NMBI to provide clarification for registrants who may have queries on this matter.
I am aware that a campaign by the staff associations not to pay the fee is actively underway and I am concerned regarding the possible implications for the health service and patient safety should this action continue. My Department requested the Board to give this matter very careful consideration at its meeting on 19th November, with a view to agreeing and implementing a course of action most likely to achieve a satisfactory outcome. I understand that the staff associations have sought discussions with the Board in this regard.
93. Deputy Billy Kelleher asked the Minister for Health if he will provide in tabular form, for October 2013 and October 2014 for each local health area, the number of medical cards in circulation; the number of which are issued on the basis of the exercise of discretion; and the number of which are allocated to over 70s. [44564/14]
View answerThe 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.
If the Deputy has not received a reply from the HSE within 15 working days, please contact my Private Office who will follow up the matter with them.
94. Deputy Martin Ferris asked the Minister for Health if he will review the decision not to include the multiple sclerosis drug Fampyra under the drugs payment scheme. [44582/14]
View answerThe decisions on which medicines are reimbursed by the taxpayer, are not political or ministerial decisions. These are made on objective, scientific and economic grounds by the Health Service Executive (HSE) on the advice of the National Centre for Pharmacoeconomics (NCPE).
The HSE has statutory responsibility for decisions on pricing and reimbursement of medicinal products under the community drug schemes in accordance with the provisions of the Health (Pricing and Supply of Medical Goods) Act 2013.
The HSE received an application for the inclusion of Fampridine in the GMS and community drugs schemes. The application was considered in line with the procedures and timescales agreed by the Department of Health and the HSE with the Irish Pharmaceutical Healthcare Association for the assessment of new medicines.
In accordance with these procedures, the NCPE conducted a pharmacoeconomic evaluation of Fampridine and concluded that, as the manufacturer was unable to demonstrate sufficient effectiveness and a fair price for Fampridine in the Irish healthcare setting, it was unable to recommend the reimbursement of the product. The report is available on the NCPE's website (www.ncpe.ie).
On foot of this, the HSE decided that it was not in a position to add the drug to the List of Reimbursable Items supplied under the GMS and other community drug schemes.
It is open to the supplier, at any time, to submit a new application to the HSE for the inclusion of Fampridine on the community drugs schemes incorporating new evidence which demonstrates the cost-effectiveness of the drug, by offering a reduced price or both. A revised application was received by the HSE on 25th July 2014 and is currently being considered in line with the agreed procedures and timescales. No further comment is possible at this time as the HSE decision making process is ongoing.
I would like to assure the Deputy that the Department, and the HSE, fully understand the concerns of patients regarding the availability of this drug. While I appreciate that some may take the view that the taxpayer should reimburse every licensed medicine for whatever the price the drug company demands, I hope the Deputy will appreciate that the better interests of the health service require that we reimburse only the most effective medicines and only at a fair price.
95. Deputy Aengus Ó Snodaigh asked the Minister for Health the position regarding a surgery appointment in respect of a person (details supplied) in Dublin 10. [44587/14]
View answerAs the query raised is a service matter, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up.
96. Deputy Tom Fleming asked the Minister for Health if he will review a hospital referral in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [44598/14]
View answerThe scheduling of appointments for patients is a matter for the hospital to which the patient has been referred. 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 case raised, as this is a service matter, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up.
97. Deputy Tom Fleming asked the Minister for Health if he will examine a fair deal application in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [44599/14]
View answerAs this is a service matter it has been referred to the Health Service Executive for direct reply. If you have not received a reply from the HSE within 15 working days please contact my Private Office and they will follow up the matter with them.
98. Deputy Maureen O'Sullivan asked the Minister for Health if he will be heeding recommendations from experienced doctors in the field regarding the setting up of a national review process for the provision of wheelchair and assistive technologies in view of the fact that the current system of allocating said equipment for persons diagnosed with debilitating conditions is often not fit for purpose due to a lack of a central database; and his views on the importance of this topic as the recent national review raised serious questions regarding the current system in place. [44611/14]
View answer99. Deputy Maureen O'Sullivan asked the Minister for Health if he will consider the University of Limerick research calling for a Government mandate to set up a national body with a specific remit for the provision, maintenance and registration of assistive technologies; his further views on establishing such a register in the country; and if he will make a statement on the matter. [44612/14]
View answerI propose to take Questions Nos. 98 and 99 together.
The governance, organisation, development and processes in relation to aids and appliances and assistive technologies is a matter for the Health Service Executive (HSE). I have arranged for the Deputy's questions to be referred to the HSE for direct reply to the Deputy. If the Deputy has not received a reply from the HSE within 15 working days, he can contact my Private Office and they will follow the matter up with the HSE.
100. Deputy Brendan Griffin asked the Minister for Health when a date for an operation will be provided in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [44622/14]
View answerThe 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.
As this is a service matter, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up.
