Thursday, 26 May 2016

Written Answers Nos. 21-40

Foreign Conflicts

Questions (21)

Mattie McGrath

Question:

21. Deputy Mattie McGrath asked the Minister for Foreign Affairs and Trade if he will support a motion in Dáil Éireann declaring the activities of the so-called "Islamic State" in Syria and the Middle East as a genocide against the Christian population and other religious and secular minorities, following similar declarations by the House of Commons in the United Kingdom and by the House of Representatives in the United States of America; and if he will make a statement on the matter. [10016/16]

Written answers

Minister for Foreign Affairs and Trade

I have repeatedly condemned the horrific crimes by ISIS against religious and ethnic minorities in Syria and Iraq. ISIS has boasted of its use of murder, torture, mass sexual violence and forced religious conversions in areas under its control. Ireland has publicly condemned ISIS and other terrorist groups at the United Nations, including at the Human Rights Council. I note that the High Commissioner for Human Rights concluded in his March 2015 report that, subject to a determination by an independent and competent court, ISIS may have committed war crimes, crimes against humanity and genocide. We echo his call that, in order to provide accountability and justice for the victims, all crimes are investigated in line with international human rights standards, and perpetrators are brought to justice. Determining the validity of claims of genocide by ISIS/Daesh is a matter which should be undertaken by a legally competent court. Ireland has repeatedly called for the referral of the situation in Syria to the International Criminal Court by the UN Security Council.

International Agreements

Questions (22)

Bríd Smith

Question:

22. Deputy Bríd Smith asked the Minister for Foreign Affairs and Trade if he examined the agreement on refugees between the European Union and Turkey prior to signing up to it; if it infringes the European Union Convention on Human Rights with regard to the forced movement of persons in any way; and if he will make a statement on the matter. [12129/16]

Written answers

Minister for Foreign Affairs and Trade

The need for the EU-Turkey agreement to comply with EU and international law was a key concern for very many Member States, including Ireland when the agreement was being negotiated by EU Heads of State and Government in March. Ireland raised it several times before the European Council, including at the General Affairs Council. The legal advice of the EU institutions was that there is such compliance. All migrants will be protected in accordance with the relevant international standards and in respect of the principle of non-refoulement, which provides that asylum seekers and refugees cannot be returned to a country where their lives or liberty would be at risk. Migrants arriving in the Greek islands are being registered and any application for asylum are being processed individually by the Greek authorities in accordance with the Asylum Procedures Directive. The agreement makes clear that there will be no blanket returns from Greece to Turkey, that every migrant is entitled to apply for asylum and to have a right of appeal, and that they will be protected in accordance with EU and international law.

Both the Council Legal Services and the Commission have been clear that returns to Turkey are legal, provided they are subject to the safeguards that are required by EU and international law. These include: prohibition on mass returns; individual assessments of asylum applications in Greece; a right of appeal; a guarantee that they would not be sent to third countries where their safety might be at risk; and respect for relevant international law.

All of these safeguards have been recognised and provided for within the terms of the agreement.

Diplomatic Representation

Questions (23)

Bríd Smith

Question:

23. Deputy Bríd Smith asked the Minister for Foreign Affairs and Trade if the Government will review its relationship with Egypt considering the brutal crackdown of the Egyptian security services on civil society, non-governmental organisations, trade union activists and other actions which endanger not just Egyptian citizens but European citizens such as persons (details supplied); and if he will make a statement on the matter. [12127/16]

Written answers

Minister for Foreign Affairs and Trade

In the course of Egypt’s Universal Periodic Review, which took place during our membership of the UN Human Rights Council, Ireland made a recommendation that “Egypt retract the draft legislation on civil society organisations, which threatens their independence by enabling the government to dissolve them without a court order or refuse to license new organisations on grounds including ‘national unity’”.The EU has also called on the Egyptian authorities “to respect freedom of expression and of association and assembly, enshrined in the Egyptian constitution. Disproportionate sentences against demonstrators and prominent activists, restrictions on freedom of expression, sentencing of journalists and increased pressure on civil society continue to be reason of grave concern.” Ireland continues to use its relations with Egypt, both bilaterally and through the EU, to support strengthening human rights protections which are guaranteed under the 2014 constitution which the Egyptian people approved by referendum.

Ireland makes the fullest possible use of our diplomatic relations with Egypt to support Irish citizens’ rights in Egypt, including the case mentioned by the Deputy. They are invaluable channel for communications, on this case and on the wider issues raised by the Deputy. Any change to our diplomatic relations with Egypt would undermine our capacity to represent the interests and rights of Irish citizens in Egypt.

I do not wish to make any comment on the case of another EU national, which is a matter for national Government of the person named.

Question No. 24 answered with Question No. 8.

Ministerial Meetings

Questions (25)

Seán Crowe

Question:

25. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if he will provide a report of the meetings that he held when he visited Belfast on 18 May 2016; if he has any future engagements with political representatives planned; and his plans to support efforts to implement the unfulfilled commitments from previous Agreements. [11953/16]

Written answers

Minister for Foreign Affairs and Trade

My visit to Belfast last week was my first since my re-appointment as Minister for Foreign Affairs and Trade. I undertook a series of meetings with political, community and sports representatives. During my visit, I put forward the Government’s position on the UK-EU Referendum and our priorities in the new Programme for Government, which has detailed commitments in relation to Northern Ireland.

I met with the newly appointed Speaker of the Assembly, Mr. Robin Newton MLA, and with the recently reappointed deputy First Minister, Mr. Martin McGuinness MLA. I made clear the Government’s readiness to work together with the Executive and the Assembly, in the months and years ahead on the important issues facing our island, North and South, including the full implementation of the Stormont House and Fresh Start Agreements.

I also held discussions with the Commissioner for Victims and Survivors, Ms. Judith Thompson, and UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Mr. Pablo de Greiff on issues arising from the legacy of the past, including how to progress the establishment of the institutions provided for under the Stormont House Agreement. Following the recent Assembly elections, it is now crucial that the outstanding issues relating to the legacy of the past are resolved and the necessary political agreement achieved.

I was pleased to have the opportunity to meet with the Chief Commissioner of the Northern Ireland Human Rights Commission, Mr. Les Allamby. Our discussion focused on the human rights commitments contained in the Good Friday Agreement some of which are still outstanding. As a co-guarantor, the Government is determined to work to ensure the full implementation of the provisions of the Good Friday Agreement and subsequent agreements.

I visited the Houben Centre in the grounds of the Holy Cross monastery in North Belfast, to meet with community representatives and to show my solidarity with them as they work to improve their local area in the face of considerable challenges. While there, I met with the widow of Michael McGibbon, who was murdered earlier this month, and expressed to her my condolences and those of the Government.

I also met with Mr. Jim Shaw, the President of the Irish Football Association, ahead of the participation by both the Ireland and Northern Ireland teams in the Euro2016 championships. We discussed this very positive development for soccer on the island of Ireland, as well as some of the practical arrangements relating to the travel of tens of thousands of fans of both teams to France next month.

Following on from my visit to Belfast, I was in Derry earlier this week for a programme which included elements on the EU referendum in the UK, the Irish language and community relations. These early visits are a signal of the high priority which the Government attaches to North/South matters and this will be reflected in regular Northern Ireland engagements.

Irish Prisoners Abroad

Questions (26)

Paul Murphy

Question:

26. Deputy Paul Murphy asked the Minister for Foreign Affairs and Trade his views on the comments by the United Nations High Commissioner on Human Rights that a person (details supplied) has been subjected to torture; and the efforts he is making to secure this person's release. [11949/16]

Written answers

Minister for Foreign Affairs and Trade

Significant resources continue to be deployed by my Department, both in Cairo and in Dublin, in support of our objectives in this case. Those objectives, as previously reported to the House, are to seek the release of this citizen at the earliest opportunity so that he can return to his family and his studies in Ireland, and to provide consular assistance to the citizen and his family while he remains in detention. In support of these objectives, the Government has engaged extensively with the Egyptian authorities and repeatedly underlined the importance which we attach to this case. I have had numerous discussions with my Egyptian counterpart and HRVP Mogherini about this case, and officials in my Department remain in close contact with the Egyptian authorities in Dublin and in Cairo. The Taoiseach has also discussed the case directly with the Egyptian President on two occasions. Furthermore, my Department has consulted with other countries who have had citizens in similar situations in order to inform our approach and ensure that any actions taken are in this citizen’s best interests. The information we receive from all of our contacts is carefully considered and we retain the flexibility to adapt our strategy as necessary.

My Department has noted the recent media commentary on correspondence between the Egyptian Government and the UN in 2015. Last summer, petitions were filed on behalf of this citizen by their legal representatives with the United Nations Working Group on Arbitrary Detention, the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.

On 14 August 2015, the Working Group on Arbitrary Detention; the United Nations Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; the United Nations Special Rapporteur on the independence of judges and lawyers; the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions; the United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism and the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment wrote jointly to the Egyptian Government presenting a number of allegations made on behalf of the citizen and seeking that Government’s views. As an interim measure they called for the citizen’s bail or unconditional release. On 11 December 2015 a reply issued from the Egyptian Government rebutting the allegations.

The exchange of correspondence between the United Nations Working Group on Arbitrary Detention and the United Nations Special Rapporteurs on the one hand and the Egyptian Government on the other was noted in the most recent Communications report of Special Procedures submitted by the United Nations Working Group on Arbitrary Detention and the United Nations Special Rapporteurs to the Human Rights Council dated 19 February 2016. In so far as the Government is aware there have been no substantive findings by the Working Group on Arbitrary Detention or the United Nations Special Rapporteurs in relation to this case and the matter remains under consideration.

Given that the trial of this citizen in Egypt is ongoing, the Government must remain measured and responsible in its public comment. This is entirely consistent with our approach in other consular cases, with our clear objectives in this case and with what we firmly believe to offer the best prospect for a positive outcome for this young man.

Middle East Issues

Questions (27)

Seán Crowe

Question:

27. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if he is aware of a new UNICEF report that confirms that 25 Palestinian children were killed in the last three months of 2015, and that the number detained was the highest in seven years; that the report also states that more than 1,300 Palestinian children were injured during this period, almost all in the West Bank and east Jerusalem; the strategy he believes is behind this increase in attacks; and the action his Department is taking in the face of such brutal attacks against children. [11954/16]

Written answers

Minister for Foreign Affairs and Trade

The UNICEF report for the fourth quarter of 2015 confirms the tragic picture of which we were already aware, and which was the subject of much discussion in this House and elsewhere at the time. The deaths and other casualties detailed in the report relate largely to the outbreak of a wave of violent incidents from October last year, first in Jerusalem and then spreading to other cities. I do not think it is accurate to talk of strategy involved. What seemed clear at the time was that the attackers were acting as individuals.

The report reminds us of the tragic cost of these events for both Palestinians and Israelis. Israelis killed in the attacks included a number of civilians attacked at random in the street, and a shocking number of the Palestinian attackers were teenagers. Both Palestinian and Israeli families were devastated by these events, and an atmosphere of fear and suspicion created, which led in some cases to persons being shot when mistaken for attackers.

Along with other leaders at the time, I called for an end to violent attacks but also for any security forces response to be restrained and measured, and for all sides to avoid any provocative actions which could further inflame the situation.

These concerns were expressed at EU level in the Conclusions of the Foreign Affairs Council on 18 January, to which Ireland contributed. These stated:

“The Council is deeply concerned that the continuing cycle of violence has led to serious loss of life in Israel and the Palestinian territory in recent months. The EU firmly condemns the terror attacks and violence from all sides and in any circumstances, including the death of children. The EU calls on political leaders to work together through visible actions to contribute to calm and address the underlying causes of the tensions.”

Thankfully, it appears that this cycle of violence has abated for the moment. But it remains imperative that the underlying tensions which have led so many individuals to take such despairing actions must be addressed and alleviated.

Question No. 28 answered with Question No. 12.

Consular Services Provision

Questions (29)

Robert Troy

Question:

29. Deputy Robert Troy asked the Minister for Foreign Affairs and Trade the status of his consultation with persons (details supplied) in County Westmeath. [11893/16]

Written answers

Minister for Foreign Affairs and Trade

My Department has been working closely with our Embassy in New Delhi and the Consulate in Mumbai to provide consular assistance to the family of the Irish citizen at the centre of this tragic case, and officials remain in ongoing direct contact with the family. In the course of the past 17 months, my Department has provided extensive consular assistance in this case. My Department assisted with notifying the family of the death through the Gardaí. The Embassy in New Delhi assisted with the practicalities in the immediate aftermath of the death and the subsequent repatriation of the deceased’s remains. The Embassy also obtained the death certificate and arranged for the return to the family of personal items. The Consular Assistance team in my department in Dublin kept the family apprised of the progress of the repatriation and arranged the authentications of the death certificate and the deceased’s passport in order for the family to pursue certain formalities in Australia.

The Director of Consular Services met with the family on 30 November 2015 to discuss the case and to update them on developments. In India, our Honorary Consul in Mumbai has engaged with the local police to emphasise our pressing interest in this case and to seek updates on the investigation. In addition, the Embassy in New Delhi has been very active in seeking the relevant toxicology reports relating to this case.

My Department has received a request from the family to provide them with copies of certain other documents relating to the case and this matter is being actively pursued. I can assure the Deputy that my Department will continue to provide all appropriate consular assistance in this case.

Irish Sign Language

Questions (30)

Fergus O'Dowd

Question:

30. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Justice and Equality her views on issues raised by the Irish Deaf Society (details supplied); and if she will make a statement on the matter. [12386/16]

Written answers

Tánaiste and Minister for Justice and Equality

In 2013 the National Disability Authority (NDA) facilitated consultations with the Deaf Community in Ireland at my Department's request in relation to actions that could make improvements in the lives of deaf people. Submissions received as part of that process informed the National Disability Strategy Implementation Plan which was published in July 2013. As part of the follow-up to that initiative, in November 2013 the first special themed meeting of the National Disability Strategy Implementation Group focussed on the issue of Irish Sign Language. This meeting brought together representatives of relevant Departments, the NDA, the Deaf Community and other relevant stakeholders, who reviewed the current situation across Government Departments and their Agencies with regard, in particular to promoting recognition of Irish Sign Language, including in service provision. The Group also examined mechanisms which could promote the further use and recognition of Irish Sign Language and address practical implications for service users. Further to this meeting, the Deaf Community prepared a report to reflect their views on key actions and priorities.

As the Deputy will be aware, my Department is currently progressing a three Phase consultation process with a view to putting a new Disability Inclusion Strategy in place. Phase 2, which focused on agreeing high-level objectives for the Strategy, was completed at the end of 2015. Phase 3 will involve agreeing specific actions with timescales to deliver on each of the high-level objectives. This will commence shortly. I expect to have a set of draft actions for the Strategy for publication shortly. The consultations on this draft will include consideration by the National Disability Strategy Steering Group and, as with Phase 2, a series of regional consultation meetings. The Strategy will then be revised as necessary and submitted to Government for final approval.

Issues in relation to the Deaf Community have featured strongly in the consultation process to date and I intend that the new Disability Inclusion Strategy will respond credibly to the issues raised, including making a real difference in relation to facilitating the use of Irish Sign Language and ensuring that public bodies provide ISL users with ISL interpretation when availing of their statutory services.

Private Security Industry Regulation

Questions (31)

Niall Collins

Question:

31. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality the compliance costs and the administrative criteria required for private security contractors to provide intruder alarm installation services; the National Standards Authority of Ireland and other standard certifications they require; the associated costs; and if she will make a statement on the matter. [12426/16]

Written answers

Tánaiste and Minister for Justice and Equality

The Private Security Authority, established under the Private Security Services Act 2004, as amended, is the regulatory body with responsibility for regulating and licensing the private security industry in the State. The Authority is an independent body under the aegis of my Department and I have no involvement in its day to day operations.

Contractors installing intruder alarm systems require a licence from the Private Security Authority. In terms of compliance costs, I am informed by the Authority that the fee for such a licence is made up of two elements, the first of which is an administration fee of €1,000 and the second which is a turnover fee based on the annual turnover of a contractor. For example, the turnover fee for a contractor with a turnover of €300,000 or less is €250, bringing the overall fee payable in that instance to €1,250. The licence issued to the contractor by the Authority is valid for a two year period.

While the provision of a regulatory environment understandably has cost implications for the industry, the Deputy will appreciate that both the public and the industry itself benefit from regulation. Having regard to this, the Authority has made every effort to ensure that costs are kept to a minimum and in fact it reduced the fees payable by contractors in 2013. The Authority has also introduced an instalment payment option to assist contractors with paying for their licence.

With regard to the administrative criteria aspect of the Deputy's question, I am informed that contractors applying for a licence in the intruder alarm installer sector are required to provide the following standard documentation in support of their application:

- Completed Application Form,

- Valid Tax Clearance Certificate,

- Completed Garda Vetting Form,

- Evidence of attainment of the required technical and security management sector standard.

Finally, with regard to the issue of standard certifications, I can inform the Deputy that all contractor licences issued by the Authority are underpinned by standards. The specific standard required for an installer of intruder alarms licence is EN 50131. Certification for EN 50131 may be obtained from an accredited certification body, all of which are listed on the PSA website at www.psa.gov.ie. All accredited certification bodies, including the National Standards Authority of Ireland, are commercial entities and it is therefore up to the contractors themselves to choose the body that best meets their requirements. The issue of certification fees is a matter for these bodies and not for my Department or the Authority.

Judicial Appointments

Questions (32)

Timmy Dooley

Question:

32. Deputy Timmy Dooley asked the Tánaiste and Minister for Justice and Equality the number of members of the judicial appointments advisory board who are barristers, former barristers, benchers of the King's Inns or solicitors. [12247/16]

Written answers

Tánaiste and Minister for Justice and Equality

The Judicial Appointments Advisory Board consists of 11 members. It is chaired by the Chief Justice and includes the Presidents of the Court of Appeal, High Court, Circuit Court and District Court, the Attorney General, nominated representatives of the Bar Council and the Law Society and three persons nominated by the Minister for Justice and Equality. Six members of the Board are barristers or former barristers and 2 members are solicitors or former solicitors while the three Ministerial nominees are appointed to the Board on the basis of their knowledge or experience of commerce, finance, or administration or have experience as consumers of services provided by the courts. As the Deputy will be aware, the Programme for Government proposes extensive reform of the judicial appointments process, to ensure it remains transparent, fair and credible.

Courts Staff

Questions (33)

Timmy Dooley

Question:

33. Deputy Timmy Dooley asked the Tánaiste and Minister for Justice and Equality the number of judges on the Supreme Court, the Court of Appeal, the High Court and the Circuit Court who are former barristers or solicitors. [12248/16]

Written answers

Tánaiste and Minister for Justice and Equality

I wish to inform the Deputy that the information requested is not readily available. However in order to be helpful to the Deputy I have requested the information be collated and forwarded to him as soon as possible. As the Deputy will be aware, the Programme for Government proposes extensive reform of the judicial appointments process, to ensure it remains transparent, fair and credible.

Judicial Appointments

Questions (34)

Timmy Dooley

Question:

34. Deputy Timmy Dooley asked the Tánaiste and Minister for Justice and Equality the number of persons and the number of solicitors the judicial appointments advisory board nominated to fill vacancies in the Circuit Court in November 2015 and April 2016. [12249/16]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will be aware under the Constitution, the Government nominates to the President for appointment persons who have been recommended as suitable for appointment to judicial office by the Judicial Appointments Advisory Board. The current process for the appointment of judges in Ireland is set out in Part IV of the Courts and Court Officers Act 1995. The Judicial Appointments Advisory Board deals with applications from candidates for judicial office. The Board submits to me, as Minister for Justice and Equality, the names of those deemed suitable for appointment. Under the provisions of section 20 of the Court and Court Officers Act 1995, all proceedings of the Board and all communications to the Board are confidential and shall not be disclosed except for the purposes of Act.  The Board publishes an Annual Report and I understand the 2015 Report will be published shortly. The reports are available on the Board's website www.jaab.ie. As the Deputy will be aware, the Programme for Government proposes extensive reform of the judicial appointments process, to ensure it remains transparent, fair and credible.

Direct Provision System

Questions (35)

Mick Barry

Question:

35. Deputy Mick Barry asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 33 of 17 May 2016, to provide the paragraph numbers and text of the 90 recommendations of the McMahon report which have been implemented fully and of the 26 recommendations which are in the process of being implemented and the status of the remaining 57 recommendations in tabular form; and if she will make a statement on the matter. [12255/16]

Written answers

Tánaiste and Minister for Justice and Equality

The Programme for Government acknowledges that long durations in direct provision have a negative impact on family life. The new Government, as set out in our Programme for a Partnership Government, is “committed to reforming the Direct Provision system, with particular focus on families and children”.

As outlined in my response to Parliamentary Question 38 of 17th May, the Report of the Working Group on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers has implications for a number of Government Departments and services. Following its publication the Report was the subject of detailed discussion by the Cabinet Committee on Social Policy and Public Service Reform. The Committee agreed that my Department should prepare a report for the Committee, in conjunction with relevant Departments and agencies on the legal, financial and practical implications of the Report's recommendations. Relevant Government Departments and Offices were contacted seeking their views on the Report's recommendations and asking them to identify any impacts and issues that may arise and timescales for implementation. An analysis of responses was presented to the Committee which subsequently advised that recommendations should be progressed, where possible, with those requiring further consideration to be afforded such consideration as soon as practicable.

My Department has since been in regular contact with the relevant Departments and Agencies with a view to progressing the recommendations in line with the advice from the Cabinet Committee. My Department continues to actively co-ordinate implementation and has also recently engaged with relevant stakeholders to provide a progress update for the 173 recommendations in the Report. This information is currently being compiled and I will arrange for it to be forwarded to the Deputy.

Court Judgments

Questions (36)

Michael McGrath

Question:

36. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality the number of occasions since the passing of the relevant legislation in 2016 that the courts have overturned a bank veto in a personal insolvency case; and if she will make a statement on the matter. [12278/16]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have had enquiries made and I am informed that the information requested is not compiled by the Courts Service in the manner sought by the Deputy.

However, the Insolvency Service of Ireland (ISI) has advised that, as of 24 May 2016, there have been 46 review applications notified to the ISI. Of those applications 4 have been approved and 1 has been rejected. 5 have been withdrawn and 2 struck out by consent, both outcomes often result from settlement negotiations between the parties. There are 32 cases currently being administered by the Courts Service where there has been an initial hearing but new affidavits or additional material has been requested and adjournments have been given to allow for filing of this material in advance of a full hearing and 2 cases are awaiting an initial hearing.

Garda Investigations

Questions (37)

Michael McGrath

Question:

37. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality the status of the 12 outstanding complaints to An Garda Síochána involving the National Asset Management Agency; if any more complaint cases have been closed; and if she will make a statement on the matter. [12285/16]

Written answers

Tánaiste and Minister for Justice and Equality

The Deputy will appreciate that, as Minister for Justice and Equality, I have no direct role in the management of criminal investigations by An Garda Síochána. I have, however, sought an update from the Garda authorities in respect of the information previously supplied by them in relation to the matters raised by the Deputy and will contact him again when that material is received.

Direct Provision System

Questions (38)

Éamon Ó Cuív

Question:

38. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality her plans to deliver comprehensive reform of the direct provision system; the steps she is taking to ensure that persons are not in the system for extended periods of time; and if she will make a statement on the matter. [12295/16]

Written answers

Tánaiste and Minister for Justice and Equality

As per the Programme for Government long durations in direct provision are acknowledged to have a negative impact on family life. The Government is therefore committed to reforming the Direct Provision system, with particular focus on families and children. The report of the Working Group to Government on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers, otherwise known as the McMahon Report, has set out a blueprint for a number of reforms in this area including a number which focus on the Direct Provision system itself.

The McMahon Report indicated a two-way approach towards improving the life of persons within the protection process by (i) improving the application process and thereby reducing the length of time spent by applicants in State provided accommodation and (ii) improving the quality of life of those in accommodation through improvements of services within the accommodation system itself but also the supports available through other agencies and bodies. That Report documented some 173 recommendations covering a broad spectrum of services and supports, including those relating to direct provision accommodation. To date, many of these recommendations have been implemented including an increase to the direct provision allowance for children, improvements in child protection supports and linkages with Tusla, and access to third level education for children five years in the direct provision system.

Major improvements are anticipated in the length of time that applicants spend in RIA accommodation once the International Protection Act 2015 has been commenced. Also, the efforts made to address the situation of those who have been in the system for more than five years, another key recommendation in the Report, is already impacting positively on the numbers of persons in accommodation centres. The Citizens Information Board, supported by a range of other State agencies, has provided information sessions within RIA centres to former asylum seekers who have permission to stay in the State and who are now moving out of the Direct Provision system.

The Reception and Integration Agency is currently working to implement remaining recommendations. While the Reception and Integration Agency continues to explore ways in which accommodation services can be improved, a number of the more relevant recommendations in this area are complex. This includes access to cooking facilities and additional living space for families.

Statute of Limitations

Questions (39)

Clare Daly

Question:

39. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality when she will reinstate a three-year statute of limitations period for families who have to fight for inquests into maternal and baby deaths, given the absence of legislation regarding a statutory duty of candour for clinicians and until such time as such legislation is introduced and given the inordinate length of time for which families have to fight for these. [12308/16]

Written answers

Tánaiste and Minister for Justice and Equality

The previous Government gave its approval in November 2015 to the drafting of provisions to support open disclosure of patient safety incidents, for inclusion in the Civil Liability (Amendment) Bill. I should add that legislative responsibility for open disclosure rests with my colleague, the Minister for Health.

I understand from my colleague the Minister for Health that the provisions to support open disclosure are currently being drafted by the Office of the Parliamentary Counsel. Open disclosure is about communicating with patients and their families when things go wrong in healthcare. This includes expressing regret for what has happened, keeping the patient informed, providing feedback on investigations and the steps taken to prevent a recurrence of the adverse event. Under the proposed legislation open disclosure will have certain specified legal protections on the civil side, when made in line with national standards - an approach intended to promote and support a culture of open disclosure. The legislation builds on the joint development by the HSE and State Claims Agency of the National Policy on Open Disclosure (2013). The HSE is progressing the implementation of the Policy across all health and social care services.

The appropriate legislative provisions on open disclosure will be included in the Civil Liability (Amendment) Bill 2015. Work is progressing on the drafting of the Bill in the Office of the Parliamentary Counsel and my Department is urgently examining a number of queries and comments on the proposed legislation raised by that office. I fully expect that further progress on the Bill will be made in the coming weeks with a view, subject to Government approval, to Autumn publication. I do not propose to make detailed comment on the content of the legislation ahead of its publication.

Visa Applications

Questions (40)

Michael Healy-Rae

Question:

40. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the status of a spousal visa for a person (details supplied); and if she will make a statement on the matter. [12311/16]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to by the Deputy was received by the Irish Visa Office in New Delhi on 17 November, 2015. A decision was made in respect of this application on the 25 May 2016; the applicant will be notified of this decision in the coming days.

The Deputy may wish to note that 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.

In addition, applicants may themselves e-mail queries directly to INIS ([e-mail]).