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Wednesday, 26 Nov 2014

Written Answers Nos. 84-88

Policing Authority

Questions (84)

Lucinda Creighton

Question:

84. Deputy Lucinda Creighton asked the Minister for Justice and Equality the precise process that was followed in appointing the new Chair of the Independent Policing Authority; the reason this was not an open, competitive application process; and if she will make a statement on the matter. [45492/14]

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Written answers

Following an open process undertaken by the Public Appointments Service seeking expressions of interest, the Government has nominated Ms Josephine Feehily as the Chairperson-designate of the forthcoming Independent Policing Authority. Ms Feehily is a woman of unimpeachable integrity and unquestioned ability who will bring a wealth of experience and competences, including in the area of investigations, to her new position.

I believe that, in nominating Ms Feehily as the Chairperson-designate, the Government has selected a person of the highest calibre and I have no doubt that she will provide excellent as well as focused leadership in this role. As the Deputy will be aware, Ms Feehily has participated in the final rounds of the recruitment process for the new Garda Commissioner and she will also be actively involved in the preparations to be made for the establishment of the Authority.

Judicial Appointments

Questions (85)

Ciara Conway

Question:

85. Deputy Ciara Conway asked the Minister for Justice and Equality if her attention has been drawn to the difficulties that have been caused nationwide and that are anticipated in coming weeks due to a delay in appointing nine Circuit Court judges to fill vacancies that have arisen recently; if she will commit to making these appointments as a matter of urgency; the timeframe regarding same; and if she will make a statement on the matter. [45513/14]

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Written answers

The scheduling of court cases and the allocation of court business is a matter for the Presidents of the courts and the presiding judge who are under the Constitution independent in the exercise of their judicial functions. There are currently seven vacancies on the Circuit Court arising from a retirement on 30 September 2014; the elevation of one judge to the Court of Appeal on 29 October 2014 and the elevation of five judges to the High Court on 30 October 2014. The Government is, of course, cognisant of the need to ensure that the establishment of the Court of Appeal does not adversely affect the business of the other court jurisdictions.

As the Deputy will note, the vacancies in the Circuit Court have only arisen in the past few weeks and at its meeting on 19 November 2014, the Government formally made a decision to advise the President of Ireland to appoint seven persons, including a serving Judge of the District Court, to the Circuit Court. Arrangements are being made for the signature of the necessary appointment warrants and the swearing in of the judges to the Circuit Court.

Legal Costs

Questions (86)

Robert Troy

Question:

86. Deputy Robert Troy asked the Minister for Children and Youth Affairs if he will provide in tabular form the individual fees paid to guardians ad litem to date in 2014. [45437/14]

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Written answers

Under the Child Care Act 1991, as amended, the Child and Family Agency has responsibility for payment of any costs incurred by a person who has been appointed by a court to act as a guardian ad litem in proceedings under the Act.

The Deputy's question has been referred to the Child and Family Agency and it has been requested to provide the information sought directly to him.

Departmental Meetings

Questions (87)

Lucinda Creighton

Question:

87. Deputy Lucinda Creighton asked the Minister for Children and Youth Affairs if he will provide in tabular form, the dates of meetings of his Department's Management Advisory Council in 2011, 2012, 2013 and to date in 2014; the civil servants present at each of these meetings; if he or his Department's Minister of State was present at each of these meetings; and if he will make a statement on the matter. [45472/14]

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Written answers

The Management Advisory Committee (MAC) of my Department is comprised of the most Senior Officials in my Department. The Committee currently comprises the Secretary General (Acting), an Assistant Secretary and two Directors (one Acting). On occasion other Senior Officials may be requested to attend to brief the Committee on certain agenda items. A member of Departmental staff is also present to take minutes. As Minister I do not attend these meetings. I meet with the members of the MAC both as a group and individually on a regular basis. Since the establishment of my Department in 2011 there has been no Minister of State for the Department of Children and Youth Affairs.

The minutes of my Department's MAC Meetings up to July 2014 are published on my Department's website www.dcya.gov.ie. Since then the MAC has met on 6 occasions on the 8th and 22nd of September, the 6th and 20th of October and on the 3rd and 17th of November. The minutes of these meetings will also be posted on the website in due course.

For ease of reference I attach the web address of the section of the website containing the minutes.

http://www.dcya.gov.ie/viewdoc.asp?fn=/documents/MACMinutes/MACMinutesPage.htm

Professional Fees

Questions (88)

Clare Daly

Question:

88. Deputy Clare Daly asked the Minister for Health if he will ensure that the nursing and midwifery professions are not unfairly hit with a yearly retention fee of €150, in view of the fact that other medical professions have their fees capped at €100 [45406/14]

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Written answers

A 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. The Act also ensures the enhancement of 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. It has 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.

The Minister is aware that a campaign by the staff associations not to pay the fee is actively underway and is concerned regarding the possible implications for the health service and patient safety should this action continue. The Department of Health requested the Board to give this matter very careful consideration at its meeting of the 19th November, with a view to agreeing and implementing a course of action most likely to achieve a satisfactory outcome.

The Minister for Health continues to monitor the situation closely and has asked NMBI and the staff associations to continue these discussions in order to seek a satisfactory resolution in the interests of patient safety and continuity of care.

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