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Thursday, 21 Sep 2017

Written Answers Nos. 123-141

Citizenship Applications

Questions (123)

Bernard Durkan

Question:

123. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) can be considered for Irish citizenship; and if he will make a statement on the matter. [40055/17]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation from the persons referred to by the Deputy. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.

It is open to any individual to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956, as amended, which governs the granting of Irish citizenship through naturalisation.

Detailed information on Irish citizenship and naturalisation, as well as the relevant application forms, is available on the INIS website at www.inis.gov.ie. The website also contains guidance on the completion of an application for naturalisation and an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the statutory residency requirements are met.

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 (124)

Bernard Durkan

Question:

124. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or possible residency status in the case of a person (details supplied); and if he will make a statement on the matter. [40058/17]

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Written answers

The International Protection Act 2015 was commenced on 31 December 2016. Under the Act, a new single application procedure was introduced under which all aspects of a person's claim (asylum, subsidiary protection and permission to remain) are considered together by the International Protection Office (IPO) rather than sequentially as heretofore. The IPO replaced the Office of the Refugee Applications Commissioner (ORAC) from the commencement date. The Chief International Protection Officer (CIPO) and the International Protection Officers in the IPO are independent by law in the exercise of their international protection functions. They are also bound by confidentiality provisions in respect of applicants, as set out in Section 26 of the 2015 Act.

If an application for asylum or subsidiary protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant should contact the International Protection Office directly either by email to info@ipo.gov.ie, by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.

The Chief International Protection Officer, following consultation with the United Nations High Commissioner for Refugees (UNHCR), published a statement on the Prioritisation of Applications for International Protection under the International Protection Act 2015 on 27 February 2017, which is available on the website of the International Protection Office www.ipo.gov.ie.

Family Reunification Applications

Questions (125)

Bernard Durkan

Question:

125. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when it is expected that a full review of the family reunification application will occur in the case of a person (details supplied); and if he will make a statement on the matter. [40062/17]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a valid Deportation Order made on 20 June 2002. The Deputy might wish to note that persons the subject of a Deportation Order are obliged to remove themselves from the State and to remain out of the State.

Representations were received from the person concerned, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended), requesting that the Deportation Order be revoked. Following the detailed consideration of the information submitted in support of the request, the Deportation Order was affirmed on 25 April 2016.

As regards a re-examination of the case, further representations have now been received from the legal representative of the person concerned, again pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended), again requesting the revocation of the Deportation Order. This request will be considered as soon as it is possible to do so. The Deputy might wish to note that the decision to ensue from the consideration of this request will be that the existing Deportation Order will be either 'revoked' or 'affirmed'. Once such a decision has been made, this will be notified in writing.

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.

Penalty Points System Investigation

Questions (126)

Clare Daly

Question:

126. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 641 of 11 September 2017, the rank of each of the gardaí disciplined in each of the years. [40067/17]

View answer

Written answers

The Deputy will appreciate that disciplinary matters within An Garda Síochána are governed by the Garda Síochána Act 2005 and the Garda Síochána (Discipline) Regulations 2007 and are a matter for the Garda Commissioner.

I have requested the specific information sought by the Deputy from the Commissioner and I will write to her on receipt of same.

The deferred reply under Standing Order 42A was forwarded to the Deputy.

UN Conventions Ratification

Questions (127)

Róisín Shortall

Question:

127. Deputy Róisín Shortall asked the Minister for Justice and Equality the status of the ratification of the UNCRPD; the obstacles that are preventing the implementation process; and if he will make a statement on the matter. [40098/17]

View answer

Written answers

Ireland signed the Convention on the Rights of Persons with Disabilities in 2007 and since then, successive Governments have emphasised Ireland’s strong commitment to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. This Government remains committed to ratification of the Convention.

It is essential that the State is in a position to meet the obligations that it assumes under the terms of an international agreement from the moment of its entry into force for Ireland. Before the State can ratify the Convention on the Rights of Persons with Disabilities, enactment of new legislation and amendment of existing legislation is required to ensure obligations will be met upon entry into force for Ireland.  Ratification of a Convention before we have amended domestic legislation that contradicts it makes no sense and does nothing to ensure compliance or to protect the people for whose benefit the Convention exists.  The previous Government published a Roadmap in October 2015, which sets out the legislative measures needed to meet those requirements, along with declarations and reservations to be entered by Ireland on ratification.

Considerable progress has already been made to overcome the remaining legislative barriers to Ireland's ratification of the Convention. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Act 2017 has reformed Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights.

The Disability (Miscellaneous Provisions) Bill 2016 was published immediately prior to Christmas and completed Second Stage in February 2017.  The primary purpose of the Bill is to address the remaining legislative barriers to Ireland’s ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD).   Work is ongoing on all the other issues set out in the previous Government’s Roadmap for Ratification published in October 2015 and these will be progressed as Committee Stage amendments.  The Bill will be progressed to enactment at an early date to facilitate ratification of the UN Convention as soon as possible.

The precise timing of ratification now depends on how long it will take for this Bill to progress through the enactment process and on issues in relation to commencement both of deprivation of liberty provisions, which will be included in the Bill at Committee Stage, and of the Assisted Decision Making (Capacity) Act 2015.     

The major issue at this stage is in relation to deprivation of liberty – in the case of persons in nursing homes for example, whose capacity to consent may be in doubt.  This is a sensitive and important issue and we must get it right. Unfortunately, it is taking longer than expected to develop a proposal that is constitutionally sound and operationally effective and reasonable.  The Department of Justice and Equality continues to engage with the Department of Health to assist with that work, but there is still some work to be done.

While Ireland’s not having ratified the CRPD is a recurring point of criticism by the UN as well as by domestic civil society and NGOs, it should be noted that in terms of quality of service and the actual position of people with disabilities in society, Ireland is in many respects in advance of other EU states.  This is not to be complacent and we are continuing to take practical measures to improve the lives of people with disabilities.  The Report of the Make Work Pay Group was published earlier this year and already action, as announced by Minister Harris has been taken on its recommendations.  We have a Comprehensive Employment Strategy in place and the Government recently published a new National Disability Inclusion Strategy (2017 – 2021). This strategy contains a wide range of practical commitments to improve the position of people with disabilities.

I would like to take this opportunity to assure the Deputy that ratification of the UNCRPD remains a very high priority for me as Minister.

Departmental Expenditure

Questions (128)

Éamon Ó Cuív

Question:

128. Deputy Éamon Ó Cuív asked the Minister for Culture, Heritage and the Gaeltacht the amount of capital expenditure carried over from 2016 to 2017; the amount of this spent to date by subheading; if she is satisfied that all of this money will be spent by the end of 2017; and if she will make a statement on the matter. [40018/17]

View answer

Written answers

The Oireachtas provides approval for the carryover amounts through its approval of the Appropriation Bill and the Estimates. Provision is made in the Revised Estimates Volume for the capital carryover amount by subhead and in a Ministerial Order to be made by the Minister for Public Expenditure and Reform before 31 March in the year of carryover. In the period since the making of the relevant Order by the Minister for Public Expenditure and Reform on the 6th of March 2017 up to the 31st August 2017, provisional expenditure totalling €3.843 million has been incurred against the total carryover amount of €13.548 million for my Department as follows:

-

Subhead A.7 Cultural Infrastructure and Development €721,000

€721,000

Subhead A.15 Decade of Centenaries 1912-1922 €1,122,000

€1,122,000

Subhead B.5 Natural Heritage (National Parks and Wildlife Service)

€2,000,000

Capital expenditure by its very nature is difficult to predict and generally expenditure on capital projects accelerates in the final quarter of the year. I do not anticipate any significant underspend on capital carryover by year end.

Dental Services Provision

Questions (129)

Michael McGrath

Question:

129. Deputy Michael McGrath asked the Minister for Health when a person (details supplied) in County Cork will be assessed by an orthodontist in HSE Cork south Lee; and if he will make a statement on the matter. [39918/17]

View answer

Written answers

As this is a service matter, it has been referred to the Health Service Executive for direct reply to the Deputy.

Medical Card Applications

Questions (130)

Bernard Durkan

Question:

130. Deputy Bernard J. Durkan asked the Minister for Health the progress to date in the determination of an application for a medical card in the case of a person (details supplied); and if he will make a statement on the matter. [39919/17]

View answer

Written answers

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 HSE has been asked to examine this matter and to reply to the Deputy as soon as possible.

Services for People with Disabilities

Questions (131)

Dara Calleary

Question:

131. Deputy Dara Calleary asked the Minister for Health if his Department has received an application for funding for a case (details supplied) in County Mayo; if his attention has been drawn to the urgency of this case; and when a decision will be made on same. [39920/17]

View answer

Written answers

The Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.

As the Deputy's question relates to an individual case, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.

Hospital Appointments Status

Questions (132)

Seán Fleming

Question:

132. Deputy Sean Fleming asked the Minister for Health when a person (details supplied) will have an operation carried out; and if he will make a statement on the matter. [39925/17]

View answer

Written answers

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.

Stroke Care

Questions (133, 134)

Ruth Coppinger

Question:

133. Deputy Ruth Coppinger asked the Minister for Health the measures being taken to increase capacity of the health service's treatment of strokes in view of the projected increase in incidents of strokes; and if he will make a statement on the matter. [39929/17]

View answer

Ruth Coppinger

Question:

134. Deputy Ruth Coppinger asked the Minister for Health the measures he will take to implement a manifesto (details supplied). [39930/17]

View answer

Written answers

I propose to take Questions Nos. 133 and 134 together.

The National Clinical Programme for Stroke (NCPS) has been in place since early 2010. The vision of the programme is to design standardised models of integrated care pathways for the delivery of clinical care to ensure sustained quality clinical operational management. Overall, the NCPS aims to improve quality, access and cost-effectiveness of stroke services in Ireland.

Some of the achievements of this programme in improving access to services to date include:

National 24/7 access to safe stroke thrombolysis

Emergency thrombolysis is provided to patients in all parts of the country, via improved hospital and ambulance protocols, health professional training and the appointment of new stroke physicians. The national stroke thrombolysis rate has increased from 1% in 2006 to a current rate of 12% (2016).

The NCPS has developed a number of initiatives including a telemedicine programme to allow delivery of expert thrombolysis therapy in smaller level three hospitals. It has been involved in the training of over 250 doctors nationally to deliver thrombolysis therapy and has participated in a training programme for Stroke in the Royal College of Physicians of Ireland.

Improved access to stroke unit care

Access to stroke unit care has been shown to improve stroke patient outcomes through reduced mortality rates, reduced dependency and shorter lengths of stay in hospital by patients. Since the commencement of the NCPS, nine new stroke units have been opened, bringing the total number of stroke units in acute hospitals to twenty-two. Two further stroke units are currently in development with a third at planning stages.

Stroke Unit Available n22

Stroke Unit in development/planning n3

No Stroke Unit n2

Mater Misericordiae University Hospital

University Hospital Kerry

Midland Regional Hospital Tullamore

St Vincent’s University Hospital

Connolly Hospital

Our Lady’s Hospital Navan

Midland Regional Hospital, Mullingar

Letterkenny University Hospital

Wexford General Hospital

St Luke’s Hospital Kilkenny

St James’s Hospital

Tallaght Hospital

Naas General Hospital

Midland Regional Hospital, Portlaoise

Beaumont Hospital

Our Lady of Lourdes Hospital, Drogheda

Cavan General Hospital

University Hospital Limerick

University Hospital Waterford

South Tipperary General Hospital Clonmel

Cork University Hospital

Mercy University Hospital

Bantry General Hospital

University Hospital Galway

Portiuncula Hospital

Mayo University Hospital

Sligo University Hospital

This is a major improvement from the first national stroke care audit report in 2006 which reported one stroke unit in the country. However stroke units are typically too small and the recent national Audit showed that only half of stroke patients admitted spent any time in a stroke unit.

Admission to a stroke unit is a National Key Performance Indicator. In 2016, 65.6% of Stroke patients were admitted to a Stroke Unit.

Early Discharge of Stroke Patients

It has been recognised internationally that Early Supported Discharge of stroke patients from hospital, improves outcomes, reduces need for long term care and increases acute hospital capacity by freeing up beds. It is estimated the 10-25% of patients could benefit from an ESD service.

The programme has helped establish 3 small but effective ESD teams in Dublin and Galway. In 2016, 137 patients were discharged to ESD services representing 15.6% of total stroke discharges. It is estimated that there was an average reduction in length of stay of 10.4 days per ESD patient.

Funding for increasing capacity in the three operational sites has been secured for 2017 with further funding secured to support the establishment of two further teams in University Hospital Limerick and Cork University Hospital. Recruitment of these ESD staff is on-going. University Hospital Limerick is due to commence its ESD Service on 11/9/17.

Emergency Endovascular Therapy – Thrombectomy

Thrombectomy is an emergency endovascular procedure that permits patients with severe strokes caused by clots occluding the major vessels of the brain and neck to have these clots removed using specialist devices. HIQA has completed a Health Technology Assessment which finds that this intervention is value for money. Full report of the HIQA HTA can be found at:

https://www.hiqa.ie/reports-and-publications/health-technology-assessments/hta-mechanical-thrombectomy-stroke.

Provision of emergency endovascular thrombectomy remains highly specialised in Beaumont Hospital and Cork University Hospital and this model has been endorsed by the HSE, Acute Hospital Division with a view to a third centre when numbers increase as expected.

To date, the number of patients undergoing this procedure has risen annually, on average almost 50% increase each year: 2015=122 cases, 2016=172 cases, 2017 – end of August=154 cases. These patients have been referred from 20 different hospitals around the country.

I have noted the contents of the Stroke Manifesto published by the Irish Heart Foundations and it will be one of the factors that will contribute to the on-going policy development in this area.

Motorised Transport Grant

Questions (135)

Martin Heydon

Question:

135. Deputy Martin Heydon asked the Minister for Health the position regarding the review of the mobility grant and motorised transport grant; when he expects details of an updated scheme to be available; and if he will make a statement on the matter. [39931/17]

View answer

Written answers

Conscious of the reports of the Ombudsman in 2011 and 2012 regarding the legal status of both the Mobility Allowance and Motorised Transport Grant Scheme in the context of the Equal Status Acts, the Government decided to close both schemes in February 2013.

The Government is aware of the continuing needs of people with a disability who rely on individual payments that support choice and independence. In this regard, 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.

The Government decided that the detailed preparatory work required for a new Transport Support Scheme and associated statutory provisions should be progressed by the Minister for Health and the Programme for a Partnership Government acknowledges the ongoing drafting of primary legislation for a new Transport Support Scheme. I can confirm that work on the policy proposals for the new Scheme is at an advanced stage. The proposals seek to ensure that:

- There is a firm statutory basis to the Scheme's operation;

- There is transparency and equity in the eligibility criteria attaching to the Scheme;

- Resources are targeted at those with greatest needs; and

- The Scheme is capable of being costed and is affordable on its introduction and on an ongoing basis.

The next step is to seek Government approval to the drafting of a Bill for the new Scheme.

Health Services Provision

Questions (136)

Jackie Cahill

Question:

136. Deputy Jackie Cahill asked the Minister for Health the funding which is potentially available to a centre (details supplied) to replace the bus it uses to transport 90 persons that use the service in view of the fact that the current bus it is using is inappropriate and no longer fit for purpose; and if he will make a statement on the matter. [39935/17]

View answer

Written answers

As this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.

Rare Diseases Strategy Implementation

Questions (137)

Richard Boyd Barrett

Question:

137. Deputy Richard Boyd Barrett asked the Minister for Health the position regarding the implementation of the National Rare Disease Plan for Ireland 2014-2018; and if he will make a statement on the matter. [39936/17]

View answer

Written answers

The National Rare Disease Plan recommended that an Oversight Implementation Group of relevant stakeholders, including patients' groups, be established to oversee and monitor implementation of the plan's recommendations. This group was established by the Department of Health in 2015 and it has met on a number of occasions. One of the principal recommendations in the Plan was the establishment of a National Clinical Programme for Rare Diseases which was established in 2013 with Professor Eileen Treacy as the Clinical Lead. Over time among other functions the Programme is assisting with mapping and developing care pathways for rare diseases; facilitating timely access to centres of expertise – nationally and internationally; and developing care pathways with European Reference Centres for those ultra-rare disorders where there may not be sufficient expertise in Ireland.

The Plan contains a number of recommendations and I have asked the Health Service Executive to reply directly to the Deputy outlining the progress to date.

Long-Term Illness Scheme Coverage

Questions (138)

Richard Boyd Barrett

Question:

138. Deputy Richard Boyd Barrett asked the Minister for Health if he will make the PKU products from a company (details supplied) available on the long-term illness scheme; and if he will make a statement on the matter. [39937/17]

View answer

Written answers

Under the Health (Pricing and Supply of Medical Goods) Act 2013, the HSE has statutory responsibility for the administration of the community drug schemes; therefore, the matter has been referred to the HSE for attention and direct reply to the Deputy.

Hospital Services

Questions (139)

Eamon Scanlon

Question:

139. Deputy Eamon Scanlon asked the Minister for Health if the venesection and phlebotomy therapy is a free treatment in St James's Hospital, Dublin, for haemochromatosis patients that do not qualify for a medical card; if so, the reason it is not a free treatment in all hospitals; and if he will make a statement on the matter. [39938/17]

View answer

Written answers

In relation to the query raised by the Deputy, as this is a service issue, I have asked the HSE to respond to you directly.

Hospital Appointments Status

Questions (140)

Robert Troy

Question:

140. Deputy Robert Troy asked the Minister for Health if an appointment will be scheduled for a person (details supplied) and ensure that the HSE supply sufficient funding in this case; and if he will make a statement on the matter. [39940/17]

View answer

Written answers

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.

Hospital Appointments Status

Questions (141)

Robert Troy

Question:

141. Deputy Robert Troy asked the Minister for Health if a date for cataract surgery can be expedited for a person (details supplied). [39942/17]

View answer

Written answers

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.

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