Thursday, 30 Apr 2015

Written Answers Nos. 133 - 150

EU Directives

Questions (133)

Aengus Ó Snodaigh

Question:

133. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality her plans to transpose European Union Directive 2013/33 into law before the transposition deadline 20 July 2015. [17086/15]

Written answers

Minister for Justice and Equality

In June 2013 the Council of the European Union and the European Parliament adopted measures to complete the second phase of the Common European Asylum System (CEAS). Included in the measures adopted were recasts of the Directives dealing with reception conditions, procedures for the processing of applications and the qualification and status of persons as refugees or as persons who otherwise need international protection.

Measures relating to the CEAS are covered by Protocol No 21, annexed to the Treaty of European Union and the Treaty on the Functioning of the European Union, on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice. Ireland is not bound by EU instruments in this area but may opt-in to any it wishes to.

Ireland did not opt-in to Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection.

Spent Convictions Legislation

Questions (134)

Fergus O'Dowd

Question:

134. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the position regarding the issue raised in correspondence (details supplied) regarding spent convictions; and if she will make a statement on the matter. [17090/15]

Written answers

Minister for Justice and Equality

Before the Spent Convictions Bill 2014 could be enacted, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill. That review has been completed and amendments to the Vetting Act and consequential amendments to the Spent Convictions Bill are currently being drafted. I intend to bring the amendments to the Bill before the Oireachtas as soon as possible with a view to commencing the Act by the summer. Pending the amendment of the Bill, an Administrative Filter for Garda Vetting Disclosures has been introduced, which provides that certain minor offences that are over 7 years old are no longer disclosed. This Administrative Filter already gives effect to the main provisions likely to be contained in the amended Bill.

The Bill currently provides that sexual offences or sentences of imprisonment of more than 12 months are excluded from the terms of the Bill.

For reasons of public safety it is not intended to introduce any amendment that would provide that convictions in respect of sexual offences or other convictions for serious offences will become spent.

Military Aircraft Landings

Questions (135)

Clare Daly

Question:

135. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 110 of 23 April 2015, if she will reconcile her statement (details supplied) with evidence furnished by An Garda Síochána that requests to search aircraft at Shannon are always passed on to the Department of Foreign Affairs and Trade, rather than acted on by An Garda Síochána. [17167/15]

Written answers

Minister for Justice and Equality

As I have indicated to the Deputy in my response to Question No. 110 of 23 April 2015 and in previous Questions, the Garda Authorities consider fully in accordance with the law information in respect of any request to search an aircraft. An Garda Síochána remains fully committed to investigate all alleged breaches of criminal law involving the use of aircraft at Shannon Airport. I would point out, for the sake of clarity, that An Garda Síochána has no role in relation to the inspection of foreign State or military aircraft which, in accordance with international law, enjoy sovereign immunity.

Statutory powers of search and entry are bestowed on An Garda Síochána under various legislative provisions and when authorised by a Judge. However, these powers are exercised in circumstances where a member of An Garda Síochána has a reasonable suspicion that an offence has occurred supported by some evidence. The mere assertion of wrongdoing by a member of the general public is clearly insufficient in this regard. An Garda Síochána has investigated a range of complaints of alleged unlawful activity at Shannon Airport and, where appropriate, files have been submitted to the Director of Public Prosecutions. In all these cases, no further action was found to be warranted, owing to a lack of any evidence of unlawful activity.

It is not clear what evidence the Deputy refers to and if she lets me have further details in that regard I will seek the views of the Garda Authorities.

Courts Service

Questions (136)

Finian McGrath

Question:

136. Deputy Finian McGrath asked the Minister for Justice and Equality if she will provide an update on the proposal to introduce community courts; and if she will make a statement on the matter. [17178/15]

Written answers

Minister for Justice and Equality

As the Deputy may be aware, I have undertaken to consider the issue of Community Courts in Ireland. It will be important to learn from international experience, and I have asked my Department to evaluate how the Community Court model will work in the Irish context with a view to setting up a Community Court on a pilot basis in the Dublin city centre area. I envisage an initial project where stakeholders will engage in partnership, in conjunction with the local business community.

A considerable amount of preparatory work needs to be undertaken in collaboration with all stakeholders before the pilot project can be established. It is essential that the project is fully evaluated to ensure that it delivers the required results. Each of the stakeholders involved is operating with limited resources so the preparation and planning stages of the project are essential to ensure that the resources involved are used effectively. It is important that the project would operate in a fully integrated way.

Regrettably, it was not possible to progress the initiative during 2014 due to the need to dedicate resources to other priority projects including the establishment of the new Court of Appeal and also to progress other ongoing projects, such as the judicial appointments review and the reform of the family law courts. However, I can assure the Deputy that the matter is currently under active consideration in my Department and it is my intention that the proposal will be further progressed in the coming months.

Inter-Country Adoptions

Questions (137, 138, 139, 140)

Aengus Ó Snodaigh

Question:

137. Deputy Aengus Ó Snodaigh asked the Minister for Children and Youth Affairs the steps that have been taken to complete the negotiation of a bilateral agreement with Russia to enable some of the many thousands of children who remain in state care in that jurisdiction to be legally adopted into loving families here; and if he will make a statement on the matter. [17103/15]

Seán Kyne

Question:

138. Deputy Seán Kyne asked the Minister for Children and Youth Affairs the current status on securing a bilateral agreement between Ireland and Russia, which would facilitate inter-country adoptions; and if he will re-affirm his intention to secure such an agreement. [17105/15]

Róisín Shortall

Question:

139. Deputy Róisín Shortall asked the Minister for Children and Youth Affairs if he will provide an update on the negotiation of a bilateral agreement on inter-country adoption between Ireland and the Russian Federation; when he expects an agreement to be finalised; and the steps he is taking to bring this long-running matter to a close. [17132/15]

Mattie McGrath

Question:

140. Deputy Mattie McGrath asked the Minister for Children and Youth Affairs the action being taken to address concerns (details supplied) regarding adoption; and if he will make a statement on the matter. [17145/15]

Written answers

Minister for Children and Youth Affairs

I propose to take Questions Nos. 137 to 140, inclusive, together.

Efforts are ongoing in my Department in relation to a bilateral agreement on intercountry adoption between Ireland and the Russian Federation. It was intended to visit Russia in January of this year. However it has been decided to liaise with officials in the Ministry of Education and Science in Russia to ensure that Irish proposals in regard the provision of post placement reports are acceptable to the Russian Federation.

The Irish Constitution protects the integrity of family life and that once adopted in Ireland the child is treated in the same way as other Irish children. This means that the ability of the State to intervene in a family, when a child’s welfare and protection is not compromised, is limited. The Department has advised the Russian Federation of this Constitutional imperative in instances where families, who had given commitments to the Russian authorities in regard to the provision of post placement reports, fail to adhere to those commitments. In these instances the State has no legislative power to enforce compliance with the commitments given by Irish families, legal or otherwise, to provide post placement reports. It is imperative that this matter is fully addressed so as to ensure that further discussions on other aspects of the bilateral agreement are beneficial.

Child Care Costs

Questions (141)

Willie Penrose

Question:

141. Deputy Willie Penrose asked the Minister for Children and Youth Affairs the financial assistance available from his Department for parents to deal with child care costs; and if he will make a statement on the matter. [17170/15]

Written answers

Minister for Children and Youth Affairs

In the region of €260 million is provided annually by my Department to support a number of childcare programmes which assist parents in accessing quality and affordable childcare. More than 100,000 children benefit from this investment each year. These programmes are in addition to the support provided to all parents in the form of Child Benefit.

The childcare programmes include the free pre-school year provided under the Early Childhood Care and Education (ECCE) programme. In the region of 67,000 children benefit each year from the free pre-school provision. To ensure that the provision is free to each eligible child enrolled for the programme, a standard weekly capitation payment of €62.50 is provided with a higher capitation payment of €73 for children enrolled in services where staff hold higher childcare qualifications.

The Community Childcare Subvention (CCS) programme provides funding to community childcare services to support disadvantaged or low income families. In the case of full day care, parents can have up to €95 per week deducted from the overall charge. In the region of 25,000 children benefit each year from the CCS programme.

Further childcare support is provided under a number of labour activation measures which support parents returning to work or availing of education or training opportunities. These include the Childcare Education and Training Supports (CETS) programme providing €145 per week for full day care where parents are availing of training and education courses provided by Solas or the Education Training Board (ETB). The After-School Child Care (ASCC) programme provides €40 per week for after-school care, or €80 per week where a pick up service is available, with €105 per week for full day childcare during the holiday period. A Community Employment Childcare (CEC) programme has also been introduced and provides up to €80 a week to support qualifying parents who are participating in Community Employment (CE) schemes.

The funding to support these childcare programmes has been maintained despite the difficult budgetary position that has prevailed in recent years. To ensure that all the benefits of current (and future) investment are fully realised, it must be evidence-based and strategically coordinated. Accordingly, I have established an Inter-Departmental Group to develop a coherent whole-of-Government approach to investment in childcare. This Group is considering the needs of children in their early years as well as the needs of school-going children. The Group is expected to submit its final report to Government in June 2015.

Child Protection

Questions (142)

Finian McGrath

Question:

142. Deputy Finian McGrath asked the Minister for Children and Youth Affairs if he will support the Hands Up for Children campaign in order to deliver on the National Policy Framework for Children and Young People 2014 to 2020; and if he will make a statement on the matter. [17181/15]

Written answers

Minister for Children and Youth Affairs

I support the Hands Up for Children Campaign organised by the Prevention and Early Intervention Network with regard to the importance of prevention and early intervention. It is critical that we are in a position to intervene where required at a young age, or early in the onset of difficulties, or at points of known increased vulnerability such as school transitions, adolescence and parenthood. Early intervention plays an important role in ensuring that children and young people achieve their full potential.

The importance of promoting prevention and early intervention for the Government is demonstrated by Better Outcomes, Brighter Futures: The National Policy Framework for Children and Young People (2014-2020) which was launched in 2014. The Framework is the first overarching national policy framework which comprehends the age ranges of children and young people 0 – 24 years.

Better Outcomes, Brighter Futures puts the everyday lives of children and young people at its centre and requires Government Departments and State agencies to work together in an integrated way along with non-government organisations to achieve better outcomes for children and young people.

Prevention and early intervention is a very important element of this Framework. As part of the process of structuring a work plan for 2015, Better Outcomes Brighter Futures 'sponsor' Departments were requested to identify a cross-sectoral priority for this. My Department identified 'prevention and early intervention' as our key cross-sectoral priority. Officials in my Department have met with representatives of the Prevention and Early Intervention Network (PEIN) and welcome on-going engagement and support in advancing the theme of Prevention and Early Intervention so that we can collectively ensure better outcomes for our children and young people.

Hospital Appointments Status

Questions (143)

Barry Cowen

Question:

143. Deputy Barry Cowen asked the Minister for Health the position regarding an appointment at Cappagh National Orthopaedic Hospital in Dublin 11 in respect of a person (details supplied) in County Offaly; and when that person will receive an appointment. [17009/15]

Written answers

Minister for Health

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

The 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 should take the matter up with the consultant and the hospital involved. In relation to the specific case raised, 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.

Services for People with Disabilities

Questions (144)

Clare Daly

Question:

144. Deputy Clare Daly asked the Minister for Health the options that are available to person (details supplied) in County Dublin in relation to a placement with adult services next term. [17010/15]

Written answers

Minister of State at the Department of Health

Each Local Health Office area in the Health Service Executive (HSE) has a dedicated Disability Manager to coordinate the delivery of services to people with disabilities. It is open to the individual and their family to pursue this matter with the Disability Manager for their area who can be contacted at Coolock Health Centre, Cromcastle Road, Coolock, Dublin 5, telephone [phone].

As the Deputy's question relates to service matters, I have arranged for the question 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, she can contact my Private Office and they will follow the matter up with the HSE.

Hospital Waiting Lists

Questions (145)

Brendan Griffin

Question:

145. Deputy Brendan Griffin asked the Minister for Health the plans that exist to reduce the number of patients on waiting lists at Kerry General Hospital; and if he will make a statement on the matter. [17017/15]

Written answers

Minister for Health

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.

Health Insurance Prices

Questions (146)

Brendan Griffin

Question:

146. Deputy Brendan Griffin asked the Minister for Health the reason all women are charged in respect of maternity cover in their private health insurance premiums; if this is a matter that he will raise with the insurance companies; and if he will make a statement on the matter. [17018/15]

Written answers

Minister for Health

The inclusion of maternity benefit in all health insurance products is a statutory requirement, as part of a legal obligation on health insurers to provide a specific minimum level of benefit in all health insurance products sold. Minimum benefit is one of the key principles on which the Irish private health insurance regulatory system is based. Minimum Benefit Regulations, made under the Health Insurance Acts, require insurers to offer a minimum benefit to every insured person. The key purpose of the Regulations is to ensure the continued availability of the type of broad hospital cover traditionally held as a minimum by the insured population and to ensure that individuals do not significantly under-insure.

The Minimum Benefit Regulations ensure that all consumers obtain an appropriate minimum level of health insurance cover regardless of what plan they purchase and that every plan available is inclusive of a minimum suite of benefits/procedures, some of which are available to the market as a whole and some of which will be applicable specifically to either men or women. By way of example, the Regulations include provision for such medical treatments as a prostatectomy or testicular biopsy (in the case of men) and cervical biopsy or maternity services (in the case of women).

The health services and procedures provided by minimum benefit should be viewed as a cohort of procedures that are important and of benefit to the community of the insured population, and thus should be protected and provided as a minimum base to all.

Orthodontic Services Waiting Lists

Questions (147)

Brendan Griffin

Question:

147. Deputy Brendan Griffin asked the Minister for Health the current waiting times for orthodontic assessment and treatment in County Kerry; if he will provide, in tabular form, the number of persons awaiting both and in each case; the number that have been waiting less than 12 months, between one and two years, between two and three years, between three and four years, and over four years; the way the current figures compare to previous figures in recent years; if progress is being made; and if he will make a statement on the matter. [17023/15]

Written answers

Minister of State at the Department of Health

As this is a service matter, it has been 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.

Hospital Appointments Status

Questions (148)

Barry Cowen

Question:

148. Deputy Barry Cowen asked the Minister for Health when a person (details supplied) in County Offaly will receive a hospital appointment. [17028/15]

Written answers

Minister for Health

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

The 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 should take the matter up with the consultant and the hospital involved. In relation to the specific case raised, 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.

Services for People with Disabilities

Questions (149)

Aengus Ó Snodaigh

Question:

149. Deputy Aengus Ó Snodaigh asked the Minister for Health when the alternative payment to the motorised transport grant and the mobility allowance will be put into place. [17032/15]

Written answers

Minister of State at the Department of Health

Conscious of the reports of the Ombudsman regarding the legal status of the Motorised Transport Grant and Mobility Allowance Scheme, in the context of the Equal Status Acts, the Government decided to close both schemes. The Government is aware of the needs of people with a disability who rely on individual payments which support choice and independence. Work is ongoing on the policy proposals to be brought to Government for the drafting of primary legislation for a new travel subsidy scheme. Once policy proposals have been finalised and approved by Government, the time frame for the introduction of a new scheme will become clearer. The Health (Transport Supports) Bill is included in the Government's legislative programme for 2015.

The Department of Health is seeking a solution which would best meet the aim of supporting people with severe disabilities who require additional income to contribute towards the cost of their mobility needs, while remaining within the available budget and satisfying all legal and equality concerns. Although both schemes are closed, monthly payments of up to €208.50 have continued to be made by the Health Service Executive to 4,700 people who were in receipt of the Mobility Allowance at the time that the scheme was closed, in order to prevent hardship and alleviate stress, anxiety and uncertainty among a vulnerable group in society.

Drugs Payment Scheme Coverage

Questions (150)

Jack Wall

Question:

150. Deputy Jack Wall asked the Minister for Health his views on a matter (details supplied) regarding a concession on medical cards; and if he will make a statement on the matter. [17042/15]

Written answers

Minister of State at the Department of Health

The Health Service Executive (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.

In the current financial environment, the HSE faces a continuing challenge to deliver services in a way that will minimise any adverse impact on patients and continue to protect, as far as possible, the most vulnerable citizens. Unfortunately, as a result it has become necessary for the HSE to suspend certain products from its list of items reimbursable under the GMS and other community drug schemes. This includes gluten-free products.

Gluten-free products have become more widely available in supermarkets in recent years and tend to be significantly cheaper than products sold through community pharmacies. There are no plans to reinstate these products on the list of reimbursable items under the GMS and other community drug schemes.