Written Answers Nos. 121-141
121. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status of a person (details supplied) in County Cork; and if she will make a statement on the matter. [44583/15]
View answerIf the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 19(1) of the Refugee Act, 1996 (as amended) which provides for the protection of the identity of protection applicants.
With regard to residency status, the Deputy is reminded that protection applicants are issued with a temporary residence permission pending a final decision on their application. In the event that an applicant is finally determined not to be in need of protection, consideration is then given to whether the person should be granted leave to remain in the State on humanitarian grounds.
122. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a temporary travel pass and visa will be issued to a person (details supplied) in County Dublin; and if she will make a statement on the matter. [44584/15]
View answerThe Irish Naturalisation and Immigration Service (INIS) of my Department advises me that in exceptional cases an application for Irish temporary travel document may be considered in respect of qualifying non Irish nationals who are resident in Ireland. In all such cases, INIS must be satisfied that there is no alternative open to the applicant before an Irish temporary travel document will issue. The person concerned has to show that they have made reasonable and formal efforts to obtain a national passport, that it has been formally and unreasonably refused and that their own consular authorities are unable to offer consular assistance to them whilst resident in the State.
I am informed by INIS that the Travel Document Unit have no record of having received an application for a temporary travel document in respect of the person concerned.
It is open to the person in question to submit an application for a temporary travel document accompanied by the relevant supporting documentation to the Travel Document Unit of INIS which is located at 13-14 Burgh Quay, Dublin 2. Full information in this regard and the applicable application form is available at "www.inis.gov.ie" .
Queries on 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.
123. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed by a person (details supplied) in County Clare in regularising residency status; and if she will make a statement on the matter. [44585/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that as the person referred to by the Deputy is stated to be here for several years, it would appear that this person has remained in the State without the appropriate permission. This is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-national may be in the State other than in accordance with the terms of any permission given to him by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.
The person concerned should immediately contact their local Garda Immigration Officer.
Queries on 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.
124. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed by a person (details supplied) in County Clare in regularising residency status; and if she will make a statement on the matter. [44586/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons referred to by the Deputy never had an immigration permission to remain in the State. This is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-national may be in the State other than in accordance with the terms of any permission given to him by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.
The person concerned should immediately contact their local Garda Immigration Officer.
Queries on 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.
125. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status of a person (details supplied) in County Meath; and if she will make a statement on the matter. [44589/15]
View answerIf the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 19(1) of the Refugee Act, 1996 (as amended) which provides for the protection of the identity of protection applicants.
With regard to residency status, the Deputy is reminded that protection applicants are issued with a temporary residence permission pending a final decision on their application. In the event that an applicant is finally determined not to be in need of protection, consideration is then given to whether the person should be granted leave to remain in the State on humanitarian grounds.
126. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the potential residency status of a person (details supplied) in County Meath; and if she will make a statement on the matter. [44591/15]
View answerIf the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 19(1) of the Refugee Act, 1996 (as amended) which provides for the protection of the identity of protection applicants.
With regard to residency status, the Deputy is reminded that protection applicants are issued with a temporary residence permission pending a final decision on their application. In the event that an applicant is finally determined not to be in need of protection, consideration is then given to whether the person should be granted leave to remain in the State on humanitarian grounds.
127. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status of a person (details supplied) in Dublin 16; and if she will make a statement on the matter. [44592/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy, who currently has permission to reside in the State until 20 July 2016, is ongoing and the case will be submitted to me for decision as expeditiously as possible.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
The Deputy may wish to note that queries on 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.
128. Deputy Bernard J. Durkan asked the Minister for Justice and Equality notwithstanding her reply to previous parliamentary questions, when a person (details supplied) in County Kildare will qualify for naturalisation: and if she will make a statement on the matter. [44595/15]
View answerThe Irish Nationality and Citizenship Act 1956, as amended, sets out the conditions for naturalisation. It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if they meet the residency requirements.
A previous application for naturalisation from the person concerned was unsuccessful as it was determined that she did not satisfy the statutory residency requirements at the time and she was informed of this in a letter issued on 12 November, 2014.
Queries on the status of individual immigration cases may be made directly to 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
129. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will regularise residency and eligibility for stamp 4 for a person (details supplied) in County Longford; and if she will make a statement on the matter. [44597/15]
View answerI am advised by the Irish naturalisation and Immigration Service (INIS) of my Department that the person in question does not have a basis under which they may apply for a Stamp 4. I am informed that this person has not had the requisite four-year legal residence as an Employment Permit holder in order to qualify for a Stamp 4 and as such they will need to continue to hold Employment Permits in order to take up any offers of employment in the State.
Queries on the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been 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 Parliamentary Question 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.
130. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 233 of 22 October 2015, when the Irish Naturalisation and Immigration Service will be in contact with a person (details supplied) in County Longford; and if she will make a statement on the matter. [44600/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the circumstances of the person in question are under consideration at present and it expects to issue a letter to him in the next seven days outlining the current position in respect of the application.
Queries on the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been 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 Parliamentary Question 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.
131. 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 Laois; and if she will make a statement on the matter. [44603/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 15 July 2011.
Representations were received from the person's legal representative, to request the Minister to use her discretion, pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.
Queries on 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.
132. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application for naturalisation by a person (details supplied) in County Kildare; and if she will make a statement on the matter. [44605/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence are satisfied.
A letter issued to the solicitor of the person concerned requesting certain information. Upon receipt of the requested information, or in the event that the person concerned does not respond, the case will be further processed and will be submitted to me for decision as expeditiously as possible.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
The Deputy may wish to note that queries on 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.
133. Deputy Sandra McLellan asked the Minister for Justice and Equality if a person who reports an issue and provides a lengthy written statement to An Garda Síochána is entitled to an update on the stage that the investigation is at, whether the Director of Public Prosecutions has made any comment on the matter, and if a definite line of inquiry is being followed; and if she will make a statement on the matter. [44612/15]
View answerThe Deputy will appreciate that the conduct of particular Garda investigations is a matter for the Garda authorities and I, as Minister, do not have a role in this regard. The Deputy will also be aware that the Director of Public Prosecutions (DPP) is independent in the performance of her functions and it would be inappropriate for me to comment on the actions of the DPP in a particular case.
However, I can advise the Deputy in general terms that An Garda Síochána have always endeavoured to keep victims updated on the progress of investigations. Moreover, since the coming into force of the EU victims directive on 16 November 2015, on reporting a crime victims are entitled to be given contact details within An Garda Síochána for communications about their case. From the same date, victims are entitled to tell An Garda Síochána that they wish to receive updates on the stage the investigation is at. If they express such a wish, they must be provided with information on the state of criminal proceedings, unless in exceptional circumstances where the proper handling of the case may be adversely affected by such notification.
134. Deputy Jack Wall asked the Minister for Justice and Equality the status of an application for Garda Síochána vetting by a person (details supplied) in County Kildare; and if she will make a statement on the matter. [44634/15]
View answerI am informed by the Garda authorities that a vetting application in respect of the person referred to was received by the Garda Central Vetting Unit on 24 September 2015. However, the application was incomplete and returned to the registered organisation concerned for completion.
I am further informed that on 17 November 2015 the application was once again received by the Garda Central Vetting Unit. The application was processed and returned to the registered organisation on 3 December 2015.
It would be advisable for the applicant to contact the registered organisation to ascertain the current position.
135. Deputy Finian McGrath asked the Minister for Children and Youth Affairs the number of applications for reinstatement, following retirement on grounds of ill health, with prior notice granted since 2004; the legislation, rules and procedures under which they were granted; and if he will make a statement on the matter. [44553/15]
View answerSince its establishment in June 2011, my Department has not received any applications for re-instatement following retirement on grounds of ill-health.
136. Deputy Michael McNamara asked the Minister for Health if and when he will reinstate the rural practice allowance, the distance code and the prescribing physicians allowance; and if he will make a statement on the matter. [44437/15]
View answerPayments to GPs under the General Medical Services (GMS) Scheme in respect of the Rural Practice Allowance and Dispensing arrangements to eligible patients under the specified criteria continue to exist. The rates of payment are set out in the Health Professionals (Reduction of Payments to General Practitioners) Regulations 2013.
Where a GP currently holds the Rural Practice Allowance but the circumstances underpinning this have changed, the GP retains the allowance while they continue to practise in this location. However, an application for the allowance is considered afresh by the HSE when a new GP commences in the area.
The HSE has recently produced revised Rural Practice Allowance guidelines for remote rural areas. The purpose of the new guidance is to ensure consistency, transparency and fairness in decision-making regarding relevant discretionary provisions of the GMS contract as they apply to rural GP practices.
The guidance also provides for greater flexibility in considering applications from GPs than was provided for in the original governing circular, as well as providing additional options to support GPs. The new guidance does not affect existing holders of the allowance.
With regard to GP dispensing arrangements under the GMS Scheme, such arrangements may cease in certain circumstances, e.g. where a pharmacy opens within three miles of the relevant GP’s main centre of practice.
The HSE, Department of Health and Irish Medical Organisation are currently engaged in a comprehensive review of the GMS and other publicly funded health sector contracts involving GPs. It is envisaged that the issue of supports for General Practice in remote rural areas and dispensing arrangements will be considered under this review process.
Under the Financial Emergency Measures in the Public Interest Act 2009 (FEMPI), the “distance from the GP’s surgery” was removed as a factor in calculating certain fees payable to GPs under the GMS Scheme. Any reversal of this measure would have to be considered in the context of the review of fee adjustments introduced under FEMPI for contracted professionals in the health sector, which will be undertaken shortly.
137. Deputy Noel Harrington asked the Minister for Health the status of the appointment of a replacement nurse on Cape Clear Island in County Cork, including the steps the Health Service Executive has taken to fill this vacancy (details supplied); and if he will make a statement on the matter. [44442/15]
View answerAs this is a service issue, it has been referred to the Health Service Executive for direct reply to the Deputy. If he has not received a reply from the HSE within 15 working days he should contact my Private Office and they will follow up the matter with the Executive.
138. Deputy Robert Troy asked the Minister for Health if he will confirm that the most recent projection by the project team of cost is €740 million, not including fit-out of the hospital, as against original budget of €485 million; and if he will make a statement on the matter. [44445/15]
View answerI take it that the Deputy is referring to the capital project to develop the new children's hospital. Minister Howlin has committed to making €200m available from the sale of the National Lottery for the new children's hospital, adding to the existing €450m Exchequer funding and underlining the Government's commitment to the project. Current estimates are that the core hospital, including both satellite centres, will be delivered within this envelope. This includes provision for inflation, VAT and contingencies; it does not include equipment or ICT which can be purchased, licensed or leased separately. Philanthropic and commercial funding streams will be targeted as appropriate for supporting elements of the project to include car parking, academic and research facilities, and estimates will continue to be reviewed and refined at each stage of the project. I do not intend to provide further detail on the cost breakdown at this stage, on the basis of commercial sensitivity. In regard to the figure of €485m to which the Deputy refers, this figure has never been a confirmed estimate for the project.
139. Deputy Aengus Ó Snodaigh asked the Minister for Health the expected cost in 2015 of purchasing medical procedures, consultations, operations and aftercare from private hospital facilities and of addressing the various lengthening waiting lists in adult and children's hospitals, the type and number of these, and the equivalent spend in 2014. [44446/15]
View answerI have asked the HSE to respond to the Deputy directly. If he has not received a reply from the HSE within 15 working days he should contact my Private Office and my officials will follow the matter up.
140. Deputy Gerry Adams asked the Minister for Health if he has investigated why the price of units of cancer drugs is up to more than €200 higher in this State than elsewhere, given recent research (details supplied) highlighting this; and if he will make a statement on the matter. [44447/15]
View answer141. Deputy Gerry Adams asked the Minister for Health why Bevacizumab which is used to treat breast, lung, renal and ovarian cancer costs €1,319 in Ireland as against €1,085 in the United Kingdom, if he has queried this price difference with the manufacturer and supplier of this drug; and if he will make a statement on the matter. [44448/15]
View answerI propose to take Questions Nos. 140 and 141 together.
The prices of drugs vary between countries for a number of reasons, including different prices set by manufacturers, different wholesale and pharmacy mark-ups, different dispensing fees and different rates of VAT. The size of the market can also be a factor in the prices set by manufacturers.
The Lancet Oncology study referred to by the Deputy relates to list prices of products. The authors make clear that the study does not consider the actual commercially confidential discounted prices in place, and therefore has limitations.
For example, gemcitabine and zoledronic acid are off-patent hospital drugs, for which Irish hospitals would have contracts in place with additional discounts below the list prices. The final prices paid for those drugs would be significantly lower than those reported in the Lancet article, which clearly states that the prices surveyed are list prices only.
Similarly, the price of the hospital-administered drug bevacizumab reported in the article is a list price, and does not reflect any commercially confidential discounts that may be in place.
With regard to drug prices in Ireland more generally, engagement between the State and the Irish Pharmaceutical Healthcare Association regarding a possible successor pricing and supply agreement to the existing (2012) Agreement is expected to commence early in 2016.
