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Wednesday, 1 Apr 2015

Written Answers Nos. 88 - 104

Prison Education Service

Questions (88)

Jonathan O'Brien

Question:

88. Deputy Jonathan O'Brien asked the Minister for Justice and Equality if she will provide the value for money audit report on National College of Art and Design courses that were available to prisoners until 2011; the amount of money that was spent on those courses each year by the Irish Prison Service until they were discontinued; and the number of prisoners who participated during each of those years. [13492/15]

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Written answers

I am informed by officials from the Irish Prison Service that there is no information to hand regarding any audit of the NCAD scheme in prisons. I am further informed that records of prisoner participation in National College of Art and Design courses are not maintained in such a way as to provide the specific information sought by the Deputy.

The Irish Prison Service (IPS) is continuing to review its priorities for spending in the education budget and is targeting areas of greatest need and best potential outcomes. We have commenced a process of closer engagement with the Department of Education and the Education and Training Boards (ETB's) in order to bring a more coordinated approach to prison education including reviewing the curriculum being provided to prisoners.

The importance of arts and crafts classes for prisoners is fully acknowledged by the IPS as these classes are often the initial passage for prisoners to get involved in the education process. Many prisoners have very negative experiences of education in the community and it is only by attracting them into education units in prisons through these classes that other needs can be identified and addressed. Each Education Centre has the services of an Art teacher in addition to the 'Artists in Prison Scheme' which is run in conjunction with the Arts Council.

The Deputy may be aware of the IPS prisoner art exhibition which was held in the Hunt Museum in Limerick in late 2014 and in Dublin City Hall in January 2015. Both events were tremendous successes in the context of showcasing the talents of those in custody and engaging prisoner's families in celebrating their achievements.

The average cost of the NCAD programme from 2005 to 2010 was €60,000 annually. Regrettably it is not possible in the current economic climate to continue to fund this level of expenditure.

Immigration Status

Questions (89)

Bernard Durkan

Question:

89. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status of a person (details supplied) in County Galway; and if she will make a statement on the matter. [13521/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned have been in the State without permission since 30th December, 2006. Consequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified, by letter dated 19th June, 2009, that the then Minister proposed to make a Deportation Order in respect of them. They were given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of submitting written representations setting out the reasons why they should not have a Deportation Order made against them.

The position in the State of the persons concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Any representations submitted will be considered before a final decision is made.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.

Residency Permits

Questions (90)

Bernard Durkan

Question:

90. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and/or expected residency status of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [13523/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has been granted permission to remain in the State for the three year period ending 21st August, 2017. This decision was conveyed in writing to the person concerned by letter dated 4th September, 2014.

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.

Proposed Legislation

Questions (91)

Joan Collins

Question:

91. Deputy Joan Collins asked the Minister for Justice and Equality in relation to her statements that the person selling the sexual service will not be subject to an offence under the Criminal Law (Sexual Offences) Bill 2014, her plans to repeal sections 7, 8 and 11 of the Criminal Law (Sexual Offences) Act 1993 as applied to persons selling sexual services. [13543/15]

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Written answers

On 27 November, I published the General Scheme of the Criminal Law (Sexual Offences) Bill 2014 which includes two new offences of purchasing, in the context of prostitution, sexual services.

The first is a general offence of purchasing sexual services which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the more serious offence of purchasing a sexual service from a trafficked person and carries a potential penalty of up to 5 years imprisonment and a fine. In both cases, the person selling the sexual service will not be subject to an offence.

With regard to repealing existing prostitution offences, sections 7 and 8 of the Criminal Law (Sexual Offences) Act 1993 are aimed at addressing the public order and nuisance aspects associated with prostitution, such as soliciting and loitering for the purposes of prostitution, respectively. These offences apply to both the purchaser and seller of sexual services. I have received submissions in relation to decriminalising persons selling sexual services from the solicitation offence under section 7 and these are receiving consideration within my Department.

Section 11 of the 1993 Act provides for offences relating to brothels. The offence applies to persons keeping or managing or assisting in the management of a brothel. It also applies to a tenant or landlord who knowingly permits the use of the leased or rented premises as a brothel. Section 11 is not directed at individual sellers of sexual services. I have no plans to repeal this section.

Crime Data

Questions (92)

Sean Fleming

Question:

92. Deputy Sean Fleming asked the Minister for Justice and Equality if the issues in relation to crime recording and classification highlighted by the Garda Inspectorate in the report published on 11 November 2014 have been adequately dealt with; when recorded crime statistics will be forwarded to the Central Statistics Office for publication; and if she will make a statement on the matter. [13552/15]

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Written answers

As the Deputy will be aware, the CSO has previously indicated that it is carrying out a detailed analysis of certain issues raised by the Garda Inspectorate in relation to the recording, classification and reclassification of crime, to see whether and to what extent they may have implications for the crime statistics which that Office produces. This process is currently ongoing and the CSO has indicated that it has resulted in a delay in publishing the Quarter 3 statistics for 2014.

The Deputy will appreciate that, as the CSO is the independent national statistical agency, the timing and format of the recorded crime statistics which it publishes are matters for it to determine.

The CSO has also agreed to chair an expert panel to examine the Inspectorate's recommendations on crime statistics. The expert panel will review the crime counting and detection rules, as recommended by the Inspectorate, with a view to introducing new national standards. As well as including representatives of the Department and An Garda Síochána, the intention is that the panel will have outside experts with relevant expertise. I understand that the panel will commence its work in the very near future.

I can also advise the Deputy that, while this work is underway, the Garda authorities have put in place a number of immediate measures arising from the Inspectorate's recommendations in relation to the recording of crime. Work is also underway with respect to planning for the necessary investment in Garda technology to support the recording and management of crime information, and to bring outdated paper based practices into the 21st century.

Student Visas Data

Questions (93, 94, 95)

Róisín Shortall

Question:

93. Deputy Róisín Shortall asked the Minister for Justice and Equality the number of current student visas granted, by country of origin. [13568/15]

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Róisín Shortall

Question:

94. Deputy Róisín Shortall asked the Minister for Justice and Equality the number of English language student visas granted for each of the past ten years. [13569/15]

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Róisín Shortall

Question:

95. Deputy Róisín Shortall asked the Minister for Justice and Equality the arrangements in place to ensure that visas awarded to foreign students are for bona fides purposes and not merely a way of bypasing the immigration law. [13570/15]

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Written answers

I propose to take Questions Nos. 93 to 95, inclusive, together.

The number of non-EEA nationals registered as per the latest snapshot of the Garda National Immigration Bureau registration system taken in February 2015 who have permission to remain in Ireland as students (on immigration permission stamp No. 2) is approximately 35,400. This figure does not include non-EEA students who are in the State to engage in studies for a period of less than 3 months or who have permission to remain in the State in a different category (for example as a dependant of an Irish or EEA national).

The main countries of origin for the persons concerned are the following: Brazil 30%, China 9%, USA 8%, India 7%, Malaysia 6%, Saudi Arabia 5%, Venezuela 4%.

It is not possible to provide visas statistics for each of the past ten years. Prior to the introduction of a new computerised visa system by the Irish Naturalisation and Immigration Service (INIS) of my Department in 2008 and rolled out to Irish Missions and Visa Office worldwide throughout 2008 and 2009, only limited statistical information was recorded, often manually, at individual offices. However I am advised by the Irish Naturalisation and Immigration Service that the following statistics are available.

Irish Study Visa Applications Outcomes

Year

Net Granted

Net Refused

Total

2007

4849

4405

9254

2008

4563

2238

6801

2009

4049

1140

5189

2010

5123

754

5877

2011

4741

671

5412

2012

6939

851

7790

2013

9099

1751

10850

2014

10462

1886

12348

It should be noted that nationals from many countries including for example Brazil, USA do not require a visa to come and study in Ireland. For nationals requiring a visa, in line with other jursidictions my Department operates a visa system which examines the bona fides of each study visa application. The requirements and procedures that are in place are designed to ensure that potential abuses of the study visa system are minimised, whilst also affording visa required non-EEA nationals with every opportunity to come and study in Ireland. Whilst the requirements are rigorous they are also fair.

In common with other jurisdictions the non-EEA student immigration system has suffered abuses. This became especially apparent last year through inspections by my Department and media revelations where colleges (many of which are now closed and one which is currently suspended) and in some cases students were effectively circumventing the rules which apply to non-EEA nationals studying in Ireland. In that regard I remain fully committed to delivering on the Government's regulatory reforms programme in this area which I announced in September 2014 in conjunction with my colleague the Minister for Education and Skills. These reforms provide the necessary regulatory framework through which abuses of the student immigration system can be curtailed to the benefit of bona fide students and colleges alike. The Government is committed to maintaining Ireland's reputation as a high quality destination for international students and will continue to implement all necessary reforms to protect that reputation.

Work is at an advanced stage in implementing these reforms taking into account a high court judgement in respect of that part of the reform programme relating to English language courses, and I expect that full details will be available shortly.

Registration of Title

Questions (96)

Finian McGrath

Question:

96. Deputy Finian McGrath asked the Minister for Justice and Equality if she will support a matter (details supplied) regarding a land registry query; and if she will make a statement on the matter. [13573/15]

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Written answers

I can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.

The Deputy will be aware of the service to Deputies and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round. I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.

Domestic Violence Refuges Provision

Questions (97)

Ruth Coppinger

Question:

97. Deputy Ruth Coppinger asked the Minister for Children and Youth Affairs if he will report on any recent discussions held between his Department and organisations providing accommodation for victims of violence in the home; his views on the current provision of refuge services; the steps he will take to improve the current provision of refuge places; and if he will make a statement on the matter. [13439/15]

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Written answers

Responsibility for the funding of Domestic, Sexual and Gender Based Violence Services transferred from the HSE to Tusla, the Child and Family Agency, upon its establishment on 1 January, 2014.

In 2014, Tusla provided funding in excess of over €17 million to support the provision of these services. This included the funding of some 60 services throughout the country:

- €10 million for 20 Crisis Refuges and support services

- Over €4 million for 16 Rape Crisis Centres

- Almost €3.5 million for 24 Domestic Violence Support Services.

In addition, funding of €2.54 million for domestic violence refuge services has recently transferred to my Department's Vote from the Department of Environment, Community and Local Government, and in turn to Tusla. The purpose of this funding transfer is to ensure that the State’s relationship with domestic violence services is managed in a manner which is more coherent and adapted to the needs of service users i.e. victims of domestic violence.

Tusla has concluded a review of Domestic, Sexual and Gender Based Violence Services and a consolidated national budget is now in place for these services. A roadmap for the future delivery of services has been approved by the Board of the Agency. There is for the first time a consolidated national budget for sexual violence and domestic violence services and an opportunity for more co-ordinated and equitable provision of domestic and sexual violence services across the country. The Agency will continue to engage with funded organisations and representatives of all those involved in the delivery of services were invited to consultations throughout the review process.

A structure for the national oversight of Domestic, Sexual and Gender Based Violence Services is currently being put in place, with dedicated roles to support the delivery of these services. This approach will facilitate the provision of effective, high quality services with more equitable availability of services across different geographical areas and different population groups. Future planning for domestic violence and sexual violence services will seek to address gaps, avoid duplication and support effective delivery of frontline services nationally.

I have met recently with representatives of many of the 16 Rape Crisis Centres around the country to discuss issues and developments in that sector. I continue to be updated on Domestic, Sexual and Gender Based Violence Service matters as they arise and my Department is in close contact with Tusla in relation to this important area.

Children in Care

Questions (98)

Clare Daly

Question:

98. Deputy Clare Daly asked the Minister for Children and Youth Affairs the annual running cost of Crannóg Nua in Portrane in County Dublin; and the reason no residents are living there, and yet staff continue to be employed there. [13468/15]

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Written answers

Crannog Nua, in Co. Dublin, has been designated as a secure special care unit from June 2014, and is in the process of being upgraded to provide secure and expanded residential facilities. Up to this time in 2014, it was operational as a high support unit. Staff from the residential component of this unit have been temporarily reassigned to other locations while the capital project is underway. The education component at this location is not provided by the Child and Family Agency. I have been informed that this is continuing to function, providing education facilities for other children in care while the residential component is undergoing refurbishment.

The capital project at this location is at an advanced stage with construction expected to begin later this year, with completion in 2016. The Agency has informed me that the running costs for 2014 attributed to Crannog Nua were €3.061 million.

Foster Care Supports

Questions (99)

Denis Naughten

Question:

99. Deputy Denis Naughten asked the Minister for Children and Youth Affairs if there is provision within the budget of Tusla, the Child and Family Agency, to provide a payment (details supplied); and if he will make a statement on the matter. [13528/15]

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Written answers

Fostering care allowances are provided in order to allow foster carers meet all of the child’s daily living needs, e.g. food, clothing, school uniform, school books, extra-curricular activities, school trips, pocket money (depending on the age of the child), and treats such as toys, games or holidays. The foster care allowance is currently €325 per week per child up to 12 years of age, and €352 per week per child over 12 years of age. The foster care allowance is tax exempt.

Respite care is defined in the National Standards for Foster Care as ‘short term care provided to a child in order to support the child, his or her parent(s) or foster carers by providing a break for the child and his or her primary caregivers’. It is acknowledged that respite care can play an invaluable role in supporting children to remain at home, and during placement breakdown.

Where a child is in care, the issue of respite periods would be considered in the context of the best interests of the child. Respite care would not feature in all placements, and would normally be included as part of the child's care plan if it is to be availed of during the placement. Where planned respite care is for a period of less than a week, then a pro rata payment is made based on the foster care allowance for a full week. In relation to the particular issue, I have asked the Child and Family Agency to comment and I will revert to the Deputy when this is to hand.

Medical Card Applications

Questions (100)

Tom Fleming

Question:

100. Deputy Tom Fleming asked the Minister for Health if he will examine and expedite an application for a medical card in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [13426/15]

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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.

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.

Speech and Language Therapy Provision

Questions (101)

Sandra McLellan

Question:

101. Deputy Sandra McLellan asked the Minister for Health the reason a school (details supplied) in County Waterford has been without a speech and language therapist since November 2014; his views that this is acceptable; when this vital therapy will be restored; and if he will make a statement on the matter. [13433/15]

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Written answers

The particular issue raised by the Deputy is a service matter for the Health Service Executive. Accordingly I have arranged for the question to be referred to the Health Service Executive for direct reply to the Deputy. 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.

Mental Health Services Provision

Questions (102)

Patrick O'Donovan

Question:

102. Deputy Patrick O'Donovan asked the Minister for Health the position regarding the creation of a Jigsaw hub in County Limerick; and if he will make a statement on the matter. [13469/15]

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Written answers

As this is a service issue this question has been referred to the HSE for direct reply. If you have not received a reply within 15 working days, please contact my Private Office and they will follow up the matter with them.

Nursing Home Accommodation Provision

Questions (103)

Bernard Durkan

Question:

103. Deputy Bernard J. Durkan asked the Minister for Health the progress to date in constructing a proposed nursing home on the Maynooth Road in Maynooth, County Kildare; and if he will make a statement on the matter. [13441/15]

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Written answers

There will always be more projects than can be funded by the Exchequer.  As with all capital projects, developments to be included in the CNU programme, must be considered within the context of the overall capital envelope available to the health service.

There is limited funding available for new projects over the next multi-annual period 2015-2019 given the level of commitments and the costs to completion already in place. In addition, the HSE cannot exceed or plan to exceed its approved commitment thresholds. The HSE is concentrating on applying the limited funding available for capital works in the most effective way possible to meet residential need now and in the future.

In relation to minor capital developments proposed for the Maynooth CNU, your question has been referred to the HSE for update and direct reply. If you have not received a reply from the HSE within 15 working days please contact my Private Office who will follow up.

Primary Care Centres Provision

Questions (104)

Dessie Ellis

Question:

104. Deputy Dessie Ellis asked the Minister for Health his plans for the primary health care facility which was recently refused planning permission in the Finglas area in Dublin 11; if he has issued instructions to the Health Service Executive to view new sites and begin this process as a matter of urgency, as it is extremely important that progress is made on a new site as soon as possible. [13452/15]

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Written answers

Both Minister Varadkar and I are extremely disappointed by the decision of An Bord Pleanala not to grant planning permission for the Finglas primary care centre which was to be located at Mellowes Road and serve the local communities of Finglas south and west. Finglas south and west remains a priority for both the Department and the HSE as it is one of the communities most in need of access to primary care services. The HSE is reviewing the situation to determine what can be done; therefore there has been no need to issue instructions.

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