Thursday, 12 Oct 2017

Written Answers Nos. 84-103

Foreign Conflicts

Questions (84, 85, 86, 87)

Clare Daly

Question:

84. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade if clarification will be sought on the incidents that occurred in Tumaco on 5 October 2017 (details supplied). [43295/17]

Clare Daly

Question:

85. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade if he will make representations to ensure that those responsible for the massacre on 5 October 2017 in Tumaco, Colombia, are brought to justice and held to account for their crimes. [43296/17]

Clare Daly

Question:

86. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade if he will condemn the violence in Colombia, the militarisation of territories and the use of repressive strategies against rural dwellers; and if he will make a statement on the matter. [43297/17]

Clare Daly

Question:

87. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade if he will propose immediate political dialogue in Argelia and Cauca in Colombia to ensure the end of the militarisation of the area and the ongoing threat of state violence. [43298/17]

Written answers

Minister for Foreign Affairs and Trade

I propose to take Questions Nos. 84 to 87, inclusive, together.

I wish to express my sincere condolences to the families of those killed and my sympathies to those injured in the violence which took place in Tumaco in the Nariño province of Colombia on 5 October, which resulted in the deaths of at least six civilians and the wounding of many more. Such violence is entirely unacceptable. It must be thoroughly investigated and its perpetrators brought to justice.

I note that the President of Colombia has instructed the National Police and the Colombian Armed Forces to cooperate with the Colombian DPP to determine what occurred on 5 October and that the Colombian National Police have ordered the suspension of four of its officers in connection with the incident. I welcome this as a sign of the resolve of the Colombian government to ensure that the events are investigated in full.

I am also deeply concerned at the attack which took place on 8 October against the United Nations-led humanitarian mission which travelled to the scene of the violence in Tumaco to investigate the shooting of civilians. I urge the Government of Colombia to carry out a full investigation of this incident also.

Tumaco is among the regions of Colombia which has suffered most the consequences of the country’s conflict. My Department has an ongoing commitment to supporting peace and human rights in this troubled region and officials from my Department visited the region in 2015 and 2016.

Incidences of violence and intimidation against local communities in the Departments of Cauca, Argelia and Nariño, and elsewhere in Colombia, as well as the continued presence of armed groups in such communities, remain a matter of great concern. As well as ongoing exchanges with the Colombian authorities at Government-level, officials of my Department engage regularly with human rights defenders and civil society leaders active in Colombia, including those working in some of the communities most affected by conflict.

I reiterate that I am deeply concerned at the recent violent incidents, which must be thoroughly investigated.

At the same time, I must acknowledge the extraordinary strides which have been made in the implementation of the peace process to date. The full decommissioning of FARC weapons was complete by July 2017, eight months after the agreement was finalised. A ceasefire with the country’s second largest guerrilla group, the ELN, took effect at the beginning of October. The peace process provides the framework in which the endemic violence and impunity which has afflicted Colombian society can successfully be addressed. Ireland is committed to supporting its full implementation to ensure a future of peace for all Colombians.

Direct Provision System

Questions (88)

Mick Wallace

Question:

88. Deputy Mick Wallace asked the Minister for Justice and Equality the progress made in rolling out self-catering and shared kitchen facilities in the Ballyhaunis, Athlone, Kinsale Road and Clonakilty Lodge centres similar to the facilities available at the Mosney direct provision centre; and if he will make a statement on the matter. [43241/17]

Written answers

Minister of State at the Department of Justice and Equality

Recommendation 4.75 from the Working Group Report to Government on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers, chaired by Dr. Bryan MacMahon (formerly of the High Court) recommended that all families should have access to cooking facilities (whether in a self contained unit or through use of a communal kitchen) in so far as is practicable.

The Programme for Partnership Government also recognises that “Long durations in direct provision are acknowledged to have a negative impact on family life. We are therefore committed to reforming the Direct Provision system, with particular focus on families and children.”  

In addressing these issues, the Government has established a process for the provision of cooking facilities and food through a points system. This has been fully implemented in Mosney, the Old Convent, Ballyhaunis, Co. Mayo and in Clonakilty Lodge, Clonakilty, Co. Cork. Cooking facilities are provided in each accommodation unit in Mosney and Ballyhaunis and by way of communal kitchens in Clonakilty.

Both the accommodation centres in Athlone, Co. Westmeath and Kinsale Road, Cork are owned by the State and managed on its behalf by a contractor who was appointed following a public procurement process. My Department, through the Reception and Integration Agency, is currently working towards the provision of a food hall at each location so that residents will be able to choose food items through a points system. While each accommodation unit in Athlone is already fitted with cooking facilities, a communal kitchen is available for residents in Kinsale Road. 

The Government will continue with this process across all family centres until the commitment in the MacMahon report and the Programme for Partnership Government is fully met.

Forensic Science Ireland Laboratory

Questions (89)

Joan Burton

Question:

89. Deputy Joan Burton asked the Minister for Justice and Equality if tenders have now been invited from contractors for the construction of the new State forensics laboratory in Celbridge, County Kildare; if so, the date on which they must be returned; and if he will make a statement on the matter. [43301/17]

Written answers

Minister for Justice and Equality

The construction of the new Forensic Science Laboratory is being managed by the Office of Public Works (OPW) on behalf of my Department.

I am informed by the OPW that, in accordance with normal procurement rules, expressions of interest from suitably qualified contractors were sought via eTenders and the Official Journal of the European Union (OJEU) on 4th April 2017. Following consideration by the assessment panel of the responses received, a total of seven contractors were deemed suitable and were invited to tender on 25th September 2017. The closing date for the return of tenders is 20th November 2017, after which the tenders will then be assessed with a view to the project commencing in 2018.

Immigration Policy

Questions (90)

Bernard Durkan

Question:

90. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the most appropriate procedure to regularise the residency status here of persons (details supplied); if the persons can be facilitated in their efforts; and if he will make a statement on the matter. [43315/17]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it is not possible to identify either of the persons concerned based on the limited details provided by the Deputy. If the Deputy can provide further details such as dates of birth, passport numbers, references such as the Person IDs and GNIB Registration numbers, details of any children and/or other family dependants in the State that may be associated with both persons, I can then have the matter investigated further.

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.

Family Reunification Applications

Questions (91)

Bernard Durkan

Question:

91. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when family reunification will be considered in the case of persons (details supplied); and if he will make a statement on the matter. [43316/17]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it is open to any visa required national to apply for a visa for any purpose. If an applicant wishes to join a family member who is an Irish National in the State, they may make an application for a Join Family Visa. 

The INIS website (http://www.inis.gov.ie/en/INIS/Pages/Join%20Family) contains comprehensive guidelines to assist the applicant with the application process.  The information contained on the website is for guidance purposes only and does not limit the discretion of the Visa Officer in dealing with individual applications. The onus rests at all times with the applicant to satisfy the Visa Officer that any visa sought should be granted.

Such applications, where the sponsor is an Irish national, can normally be expected to be dealt with within 6 months of receipt of all the required documentation, as set out in the Policy Document on Non-EEA Family Reunification. This is a business target which reflects the detailed assessment that is required to be carried out in relation to applications for family reunification.  It does not constitute a legal obligation and such applications may take longer due to the individual circumstances of the application, or to the number of applications within the visa category and the resources available to process them. 

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.

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

Immigration Status

Questions (92)

Bernard Durkan

Question:

92. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the residency status of persons (details supplied); and if he will make a statement on the matter. [43318/17]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned had their permission to remain in the State renewed for a further three year period to 06 May 2018. The child of the persons concerned has been granted leave to remain in line with their mother. These decisions were conveyed in writing to the persons concerned by registered post dated 06 May 2015.

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.

Leave to Remain

Questions (93)

Bernard Durkan

Question:

93. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress in the determination of eligibility for leave to remain in the case of persons (details supplied); and if he will make a statement on the matter. [43320/17]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned have not submitted written representations.

The position in the State of the persons concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation. If any representations are submitted, they will be considered before a final decision is made. 

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Immigration Policy

Questions (94)

Bernard Durkan

Question:

94. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to regularise residency and leave to remain in the case of persons (details supplied); and if he will make a statement on the matter. [43321/17]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it is not possible to identify either of the persons concerned based on the limited details provided by the Deputy. If the Deputy can provide further details such as dates of birth, passport numbers, references such as the Person IDs and GNIB Registration numbers, details of any children and/or other family dependents in the State that may be associated with both persons, I can then have the matter investigated further.

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. 

Immigration Policy

Questions (95)

Bernard Durkan

Question:

95. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure now available to a person (details supplied) in respect of their planned application for stamp 4 status and-or leave to remain; and if he will make a statement on the matter. [43323/17]

Written answers

Minister for Justice and Equality

Following the commencement of the International Protection Act 2015 on 31 December 2016, new arrangements for the investigation and determination of applications for international protection (refugee status and subsidiary protection) and cases involving permission to remain in the State have been introduced. Such applications are now processed, as part of a single application procedure, by a new International Protection Office (IPO) which has replaced the Office of the Refugee Applications Commissioner (ORAC) from that date. 

The staff of that Office (the Chief International Protection Officer and International Protection Officers) are also independent in the performance of their protection functions.

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 [e-mail], 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.

For your information, 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).

Criminal Assets Bureau

Questions (96, 97)

Catherine Murphy

Question:

96. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of sites and-or land seized by the Criminal Assets Bureau in the past ten years by land size, location and year seized, in tabular form; and if he will make a statement on the matter. [43337/17]

Catherine Murphy

Question:

97. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of properties seized by the Criminal Assets Bureau in the past ten years by property type, location and year seized, in tabular form; and if he will make a statement on the matter. [43338/17]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 96 and 97 together.

As the Deputy may know, the objectives and functions of the Criminal Assets Bureau are set out in sections 4 and 5 respectively of the Criminal Assets Bureau Act 1996.  In summary, they require the Bureau to:

(i) identify and investigate the proceeds of criminal conduct;

(ii) take action under the Proceeds of Crime Acts 1996-2016 to deny and deprive people of the benefit of assets that are the proceeds of criminal conduct by freezing, preserving and confiscating them;

(iii) take action under the Revenue Acts to ensure that the proceeds of criminal activity are subject to tax; and

(iv) investigate and determine claims for or in respect of benefits under the Social Welfare (Consolidation) Act 1993.

The Proceeds of Crime Acts 1996 - 2016 provide the legal framework underpinning the Bureau's powers to take all necessary actions, including the making of applications to the High Court, in relation to the seizing and securing of assets with a view to their disposal in due course in accordance with the provisions of that legislation.

With regard to the specific information sought by the Deputy, I would point out that Section 21 of the Criminal Assets Bureau Act 1996 requires the Bureau, through the Garda Commissioner, to provide a report of its activities each year to the Minister for Justice and Equality who is then required to lay copies of the report before each House of the Oireachtas.  The Annual Reports, including the most recent one for 2016 which was published last July, are available in the Oireachtas library and on the website of An Garda Síochána and my own Department.  In Part 3 of the 2016 Report for instance, detailed information is provided in relation to the number of cases brought before the High Court under the various provisions of the Act; the number and types of assets broken down by reference to jewellery, property, vehicles and cash/financial and their respective valuations; and the value of assets transferred to the Minister for Finance following the making of a disposal order by the High Court under Section 4 of the Proceeds of Crime Acts 1996 - 2016.  Comparative data relating to the actions of the Bureau under the Revenue Acts and the Social Welfare Consolidation Act are also provided in the Annual Reports of the Bureau.

In order to mitigate any risk of harm to a property, the Deputy will appreciate that it would not be appropriate to be specific about individual properties which could be in the process of sale on behalf of the Bureau, or which have been purchased.

Data Retention

Questions (98)

Róisín Shortall

Question:

98. Deputy Róisín Shortall asked the Minister for Justice and Equality his views on the findings of a review (details supplied) of the law on retention of and access to communications data; the steps he plans to take to on foot of this report other than measures included in the proposed communications (retention of data) Bill 2017; and if he will make a statement on the matter. [43359/17]

Written answers

Minister for Justice and Equality

On 3 October 2017 I published the report of Mr. Justice John L. Murray’s Review of the Law on Retention of and Access to Communications Data.  The report is available on my Department's website.

While the Review was initially commissioned to look at issues concerning access by statutory bodies to communications data of journalists held by communications service providers, Mr. Justice Murray also undertook a very detailed analysis of the law in this area including recent and significant judgments of the European Court of Justice.

I thank Mr. Justice Murray for his work on the review which, I would note, he carried out pro bono.  His report provides very valuable advice in this complex and dynamic area of the law.

The Deputy will be aware that on 3 October I also published the general scheme of a Communications (Retention of Data) Bill 2017.  This proposal for new legislation responds to recent judgments of the European Court of Justice and will update the current law in Ireland.  In particular, the Deputy will note that I propose to provide for prior judicial authorisation in all cases where State agencies seek access to communications data in the context of investigations into serious crime and safeguarding the security of the State.

I have written to the Oireachtas Committee on Justice and Equality to ask it to undertake pre-legislative scrutiny of the general scheme of the Communications (Retention of Data) Bill and I have also forwarded Mr. Justice Murray's report to the Committee in this context.  I look forward to the outcome of the Committee’s considerations in this matter in the context of bringing forward the proposals for legislation in this area.

Hospital Appointments Status

Questions (99)

Michael Healy-Rae

Question:

99. Deputy Michael Healy-Rae asked the Minister for Health the status of a hospital appointment for a person (details supplied); and if he will make a statement on the matter. [43210/17]

Written answers

Minister for Health

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

The scheduling of appointments for patients is a matter for the hospital to which the patient has been referred. Should a patient's general practitioner consider that the patient's condition warrants an earlier appointment, he or she should take the matter up with the consultant and the hospital involved. In relation to the specific case raised, I have asked the HSE to respond to you directly.

Medicinal Products Availability

Questions (100)

Seán Sherlock

Question:

100. Deputy Sean Sherlock asked the Minister for Health the reason a certain product (details supplied) is no longer supplied under the medical card scheme for those who experience extreme pain through arthritis. [43213/17]

Written answers

Minister for Health

Medicines play a vital role in improving the health of Irish patients. Securing access to existing and new and innovative medicines is a key objective of the health service. However, the challenge is to do this in an affordable and sustainable manner. The medicines bill for the community drugs schemes – primarily the GMS, Long Term Illness and Drugs Payment schemes and the High Tech Arrangement – is forecast at just over €1.7 billion in 2017.

To ensure patients receive the highest quality care, resources invested in medicines must be used efficiently and effectively. This requires an integrated approach to secure best value for money for all treatments, greater efficiencies in the supply chain and the use of the most cost-effective treatments.

Lidocaine 5% medicated plaster (Versatis) is licensed for the symptomatic relief of neuropathic pain associated with previous herpes zoster (shingles) infection, known as post-herpetic neuralgia (PHN), in adults. It has been reimbursed in the community drugs schemes since 2010. The projected budget impact was low due to the specific licensed indication but total expenditure has increased significantly, from €9.4 million in 2012 to over €30 million in 2016, mainly from off-licence use for pain not associated with shingles. Currently, over 25,000 patients are in receipt of this item.

An HSE Medicines Management Programme (MMP) review of Versatis highlighted that the clinical evidence for its use in PHN is limited due to lack of comparative data and its value is uncertain for all other types of pain. The National Centre for Pharmacoeconomics estimated that, in Ireland, between 5-10% of prescribing of this product is for the licensed indication of PHN.

Following the MMP review, the HSE introduced a new reimbursement system for Versatis from 1 September 2017. This process supports the appropriate use of Versatis, ensuring that PHN patients continue to receive this treatment. The HSE estimates that this protocol will reduce expenditure on this product by approximately 90%.

Under the protocol, all patients who receive antivirals for shingles are automatically approved for Versatis for three months. No action is required by GPs and the patient’s pharmacy is notified of his or her approval status.

All patients who currently use Versatis have been identified and automatically registered on the HSE-PCRS system for three months and will continue to receive the treatment from their pharmacy until 30 November 2017. However, from 1 December 2017, non-shingles patients will no longer get Versatis under the community drugs schemes. The HSE has produced information leaflets for patients and advised GPs on treatment alternatives.

In exceptional circumstances, the product may be approved for supply through the community schemes for unlicensed indications. GPs apply for reimbursement for unlicensed indications through the online system. The MMP reviews applications before a decision is made and communicated to the GP.

Full details of the Versatis review are available on the HSE website at http://hse.ie/eng/about/Who/clinical/natclinprog/medicinemanagementprogramme/yourmedicines/lidocaine-plaster/lidocaine-medicated-plaster.html.

As this is a matter for the HSE, I have no role in this decision in relation to individual treatments. However, I fully support the objectives of the HSE Medicines Management Programme.

Health Services Provision

Questions (101)

Mary Lou McDonald

Question:

101. Deputy Mary Lou McDonald asked the Minister for Health his plans to proceed with changes to the national policy for post-mastectomy patients; and his further plans to increase the proposed value of post-surgery vouchers to reflect the true cost to persons of products such as prosthesis and bras for women recovering from a mastectomy. [43221/17]

Written answers

Minister for Health

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

Hospital Waiting Lists

Questions (102)

Pearse Doherty

Question:

102. Deputy Pearse Doherty asked the Minister for Health when a person (details supplied) in County Donegal can expect to receive a date for an operation; and if he will make a statement on the matter. [43228/17]

Written answers

Minister for Health

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

The National Waiting List Management Policy, A standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, January 2014, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the HSE, sets out the processes that hospitals are to implement to manage waiting lists.

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

General Practitioner Services

Questions (103)

Maurice Quinlivan

Question:

103. Deputy Maurice Quinlivan asked the Minister for Health the reason the weekend hours of operation of Shannondoc have been curtailed; if full service will be reinstated; and if he will make a statement on the matter. [43229/17]

Written answers

Minister for Health

As this question relates to service matters, I have arranged for the question to be referred to the Health Service Executive for direct reply.