Written Answers Nos. 75-94
75. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of Garda reserves in each of the years 2010 to 2017 and to date in 2018; and if he will make a statement on the matter. [37952/18]
View answerI am advised by the Commissioner that the strength of the Reserve on 31 July 2018 was 549. It is regrettable that there has been a substantial reduction in the strength of the Reserve in recent years from a peak of 1,164 in 2013. The fall-off arises from a range of factors, not least the lifting in 2014 of the moratorium on recruitment of trainee Gardaí which has affected Reserve numbers in two ways: firstly, since 2014, 276 serving Reserves have successfully applied to become trainee Gardaí, and secondly, both An Garda Síochána and the Public Appointments Service (PAS) have been focused on delivering an accelerated programme of recruitment of full time members of An Garda Síochána. I am sure that the Deputy will agree, notwithstanding the very valuable contribution of Reserve members throughout the country, that it was the right decision, with finite resources, to prioritise running recruitment campaigns to replenish the full-time ranks of An Garda Síochána over the last three years.
The Deputy will be aware that the Report of the Commission on the Future of Policing , while recognising the value of a Garda Reserve, has recommended that recruitment to the Garda Reserve should be paused, pending the outcome of the Strategic Review. I have indicated my intention to seek Government’s approval for a High Level Implementation Plan following further detailed consideration of the Report and discussions with the Garda Commissioner, relevant Government Departments and Agencies. Future plans for the Garda Reserve will be taken forward in that context.
The information requested by the Deputy as provided by the Garda Commissioner, is available on my Department’s website through the following link.
http://www.justice.ie/en/JELR/006_Garda_Reserve_Strength_2009_to_30_July_2018.xlsx/Files/006_Garda_Reserve_Strength_2009_to_30_July_2018.xlsx
For more general information on Garda Facts and Figures please see the following link:
http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures
76. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of Garda reserves who claimed the allowance of €1,000 which is only payable to reservists who complete a minimum of 208 hours annually in each of the years 2010 to 2017 and to date in 2018; and if he will make a statement on the matter. [37953/18]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I have requested the details of the number of Garda Reserves that claimed the allowance of €1,000 in each of the years 2010-2017 and to date in 2018 from the Commissioner and I will write to the Deputy on receipt of same.
77. Deputy Jim O'Callaghan asked the Minister for Justice and Equality when it is expected the committee appointed to monitor the effectiveness of the diversion programme will present its annual report for 2017; and if he will make a statement on the matter. [37954/18]
View answerAs the Deputy is aware, Section 44 of the Children Act 2001 provides for the appointment of a Committee to monitor the effectiveness of the Garda Diversion Programme. The Committee is comprised of four members, two civilian members and two Garda Members.
As set out under Section 44, the Committee is required to provide a report on the Programme to the Garda Commissioner annually, and the Commissioner is required to submit the report to the Minister.
While I understand that work on the Committee's 2017 Report is well advanced, it has not been provided to me to date. Once I receive the Report, I will arrange to have it laid before the Houses of the Oireachtas, as required under Section 44.
78. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the funding provided by his Department to Garda youth diversion projects in each of the years 2010 to 2017 and to date in 2018; and if he will make a statement on the matter. [37955/18]
View answerThe statutory framework relating to young offenders and the Garda Diversion Programme is set out in the Children Act 2001. The operation of the Garda Diversion Programme is supported by the nationwide network of Garda Youth Diversion Projects (GYDPs). There are now 105 of these projects in place nationally.
GYDPs are funded by the Irish Youth Justice Service (IYJS) and each project is managed locally by a Community Based Organisation (CBO). Funding is allocated under multi-annual funding agreements with the CBOs. From 2015, GYDPs have been co-funded under the Programme for Employability, Inclusion and Learning of the European Social Fund (ESF) 2014-2020
The funding provided to Garda Youth Diversion Projects from 2010 -2107 and up to August 2018 is set out as follows:
2010- €11.6m
2011- €11.3m
2012- €10.9m
2013- €11.3m
2014- €11.3m
2015- €11.3m
2016- €13m
2017- €13.3m
Jan- Aug 2018- €9.8m.
79. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of full-time staff in the Garda youth diversion programme in each of the years 2010 to 2017 and to date in 2018; and if he will make a statement on the matter. [37956/18]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel and I, as Minister, have no direct role in the matter. Garda management keeps this distribution under review in the context of crime trends and policing priorities to ensure optimum use is made of the resources.
The Garda Youth Diversion Office which forms part of the Garda Bureau of Community Engagement, is the national office for the management and implementation of the Garda Diversion Programme. The Diversion Programme provides that in certain circumstances a young person under 18 years of age who freely accepts responsibility for a criminal incident can be cautioned and supervised as an alternative to prosecution as provided in Part 4 of the Children Act 2001. I am advised by the Commissioner that Garda Juvenile Liaison Officers (JLOs) are specially trained to fulfil a key role in implementing the Garda Diversion Programme. Their role includes the administration of formal and informal cautions as well as appropriate supervision of children who have been admitted to the Diversion Programme.
For the Deputy's information I have set out in the spreadsheet, as supplied by the Commissioner, the staffing complement of the Garda Youth Diversion Office and the number of JLOs, in each of the years 2010-2018, the latest date for which figures are currently available.
Garda Youth Diversion Office 2010 – 2018*
|
Year |
S/Intendent |
Insp |
Sergeant |
Gardaí |
Clerical Officer |
Temp Clerical Officer |
Executive Officer |
Total |
|
2018 |
1 |
2 |
0 |
6 |
3 |
2 |
1 |
15 |
|
2017 |
1 |
1 |
1 |
3 |
4 |
10 |
||
|
2016 |
1 |
1 |
3 |
1 |
4 |
10 |
||
|
2015 |
1 |
1 |
3 |
1 |
3 |
9 |
||
|
2014 |
1 |
1 |
3 |
1 |
4 |
10 |
||
|
2013 |
1 |
1 |
3 |
1 |
4 |
1 |
11 |
|
|
2012 |
1 |
1 |
3 |
1 |
4 |
10 |
||
|
2011 |
1 |
1 |
4 |
1 |
4 |
11 |
||
|
2010 |
1 |
1 |
4 |
1 |
4 |
11 |
*Up to 17 September 2018
Juvenile Liaison Officers 2010-2018*
|
Year |
Total |
|
2010 |
109 |
|
2011 |
115 |
|
2012 |
111 |
|
2013 |
117 |
|
2014 |
116 |
|
2015 |
114 |
|
2016 |
107 |
|
2017 |
114 |
|
2018 |
112 |
*Up to 31 July 2018
80. Deputy Clare Daly asked the Minister for Justice and Equality if he will request GSOC to undertake an investigation of the activity of gardaí during an eviction at a location (details supplied) on 11 September 2018. [37983/18]
View answerI am of course aware of reports surrounding the removal of individuals from a property in Dublin City centre last week. I understand that this removal was conducted on behalf of the property’s owner, and was subject to an order of the High Court directing people who had been occupying the premises to vacate it.
It is important to note that the removal of individuals from the property was not conducted by An Garda Síochána, but by a private firm acting for the owner of the premises on foot of this High Court Order.
The Deputy will be aware that the manner in which Garda Operations are conducted is solely a matter for the Garda Commissioner and his management team. I am advised, however, that the role of the Gardaí who were in attendance at the scene that evening was to facilitate the High Court order being carried out safely, to ensure public order and to facilitate peaceful protest. Community Gardaí were deployed initially and later supported by a Garda Public Order Unit.
The Garda Commissioner has stated that the Gardaí in attendance were acting appropriately in the course of their duty and demonstrated professionalism and restraint in the face of physical and verbal abuse from a very small minority of protesters.
I would also like to assure the Deputy of my firm belief in the right to protest. It is a fundamental right in any democracy and one which must be protected and facilitated. It must, however, be exercised with due regard to the rights of others in society and carried out peacefully and in accordance with the law.
As for the suggestion that any aspect of the matter should be investigated by the Garda Síochána Ombudsman Commission (GSOC), it is of course open to any individual who believes that a member or members of An Garda Síochána have committed any wrongdoing to report the matter to GSOC. It is the independent body charged with receiving complaints from the public concerning members of An Garda Síochána.
It is, of course, open to GSOC to commence their own public interest investigation under section 102(4) of An Garda Síochána Act 2005, if they consider there may be grounds or reason to do so.
82. Deputy Clare Daly asked the Minister for Justice and Equality if he has sought information on the reason private security operators in attendance at an eviction at a location (details supplied) on 11 September 2018 did not display their PSA identification in a prominent place on their torso and-or arms where it can be clearly seen; and if criminal background checks were made on the alleged private security operators prior to or on the day they arrived in Dublin to ascertain if they were appropriate persons to be engaged in these activities. [37985/18]
View answerThe Private Security Authority (PSA), established under the Private Security Services Act 2004 (as amended), is the statutory body with responsibility for the licensing and regulation of the private security industry in the State. The Authority is an independent body under the aegis of my Department.
A “security service” is defined in the Private Security Services Act 2004 (as amended) as a service provided by a private security employer or by any one of the following persons in the course of an employment or as an independent contractor:
(a) door supervisor,
(b) installer of security equipment,
(c) private investigator,
(d) security consultant,
(e) security guard,
(f) provider of protected forms of transport,
(g) locksmith,
(h) supplier or installer of safes.
The persons in attendance at the location specified by the Deputy were involved in the execution of a court order and are not subject to regulation by the PSA. Accordingly, the display of PSA identification and the conduction of criminal background checks did not apply.
However, I have asked the relevant officials in my Department to review the relevant legislation and report to me in due course.
84. Deputy Joan Collins asked the Minister for Justice and Equality if the private security company that cleared a premises (details supplied) in Dublin on 11 September 2018 has health and safety clearance; if its employees have been vetted by An Garda Síochána; the name, address and identification of the employees who cleared the premises; if the vehicle used by the security company was compliant for tax and insurance; if the driver or drivers have a full licence; and if An Garda Síochána ensured that the vehicle was road safety compliant. [38026/18]
View answerIn relation to the incident referred to by the Deputy, I am advised by the Garda authorities that a removal was conducted on behalf of the property’s owner and was the subject of a High Court order directing people who had been occupying the premises to vacate it. The removal of individuals from the property was conducted by a private firm acting for the owner of the premises on foot of this High Court Order.
I am further advised that the role of the Gardaí who were in attendance at the scene that evening was to facilitate the High Court’s order being carried out safely, to ensure public order and to facilitate peaceful protest. The Deputy will appreciate that the manner in which any Garda operation is conducted is solely a matter for the Garda Commissioner and his management team and I, as Minister, have no role in this regard.
It is also important to note that the execution of such orders is not a matter which falls within the remit of the Private Security Authority. The law and procedures governing the execution of Court Orders are contained in the Enforcement of Court Orders Acts and the Rules of Court made under them, and any dispute in relation to the enforcement of a Court Order is solely a matter for the Courts. Accordingly, the persons involved in the execution of the High Court order are not licensable by the Private Security Authority.
I note Commissioner Harris’s recent statement in relation to the protest and he has requested a report from the Assistant Commissioner, Dublin Metropolitan Region (DMR), to see what lessons can be learned from the event. I understand that this review will include an examination of a particular vehicle involved in the removal of the persons from the premises, as well as any other associated Road Traffic Act offences that might have occurred. I also note that the Policing Authority will be pursuing this matter with An Garda Síochána too.
The right to protest is a fundamental one in any democracy and one which must be protected and facilitated. However, it is also a right that must be exercised peacefully and with respect for the rights of others. In this context, we must not lose sight of the fact that the members of An Garda Síochána were enforcing the law of the land in what were very difficult circumstances.
It is a sad fact and a worrying development that Gardaí, and particularly those who undertake public order policing, are frequently personally targeted and subjected to vile abuse and threats, particularly online. At the protest itself, the Gardaí were subject to sustained abuse, including in one incident, racist abuse and I condemn that behaviour. Where behaviour crosses the line into criminality, it may be investigated, but it would be preferable if the crime did not occur at all. I would appeal to people to recognise that Gardaí simply doing their jobs should not be targeted in this way.
85. Deputy Michael Healy-Rae asked the Minister for Business, Enterprise and Innovation the status of an application by a person (details supplied) for a work permit; and if she will make a statement on the matter. [37981/18]
View answerThe Employment Permits Section of my Department informs me that that an application for a General Employment Permit for the named person (details supplied) was received on 3 July 2018.
As part of the decision making process my officials wrote to the prospective employer on 13 September 2018, seeking further information regarding this application. Upon receipt of this requested additional information, a decision on the application will be made.
86. Deputy Jan O'Sullivan asked the Minister for Business, Enterprise and Innovation the quantum of State funding provided to a company (details supplied) through Enterprise Ireland since its establishment; the nature of the funding made available to the firm; and if she will make a statement on the matter. [37920/18]
View answerI am committed to ensuring that the State Agencies under the aegis of my Department, Enterprise Ireland, IDA Ireland, Science Foundation Ireland, and the Local Enterprise Offices will continue to work with enterprise in County Meath to support investment and enterprise development through the provision of appropriate funding.
The company in question received €1,246,257 in funding from Enterprise Ireland between 2002 and 2014. Due to commercial sensitivity, the exact nature of the funding made available to the company cannot be disclosed.
87. Deputy Jan O'Sullivan asked the Minister for Business, Enterprise and Innovation the number of jobs supported by the IDA in a company (details supplied); the quantum of State funding through the IDA provided to the company across all of its Irish based operations; the nature of the grants provided to the organisation since its establishment here; and if she will make a statement on the matter. [37921/18]
View answerIDA Ireland provides grant support to Synergy Health Ireland LTD, a company in the STERIS Plc (STERIS) group. STERIS is a provider of infection prevention, contamination control, surgical and critical care technologies for the life sciences and research industries. There are two Synergy Health operations in Ireland, in Tullamore and Westport. The company employs 129 full time staff (115 in Tullamore and 19 in Westport). Since 1989, IDA Ireland has provided €678,000 in capital, employment, feasibility and research grant support to the Tullamore and Westport operations.
88. Deputy Eamon Scanlon asked the Minister for Health when the drug Spinraza will be approved for persons with spinal muscular atrophy; and if he will make a statement on the matter. [38029/18]
View answerThe HSE has statutory responsibility for medicine pricing and reimbursement decisions, in accordance with the Health (Pricing and Supply of Medical Goods) Act 2013. The Act specifies the criteria for decisions on the reimbursement of medicines.
HSE decisions on which medicines are reimbursed by the taxpayer are made on objective, scientific and economic grounds, on the advice of the National Centre for Pharmacoeconomics (NCPE). The NCPE conducts health technology assessments (HTAs) for the HSE and makes recommendations on reimbursement to assist HSE decisions.
The HSE strives to reach a decision in as timely a manner as possible. However, because of the significant monies involved, it must ensure that the best price is achieved, as these commitments are often multi-million euro investments on an on-going basis. This can lead to a protracted deliberation process.
Nusinersen (Spinraza) is for the treatment of 5q spinal muscular atrophy (SMA).
An application for the reimbursement of Nusinersen (Spinraza) is currently being processed by the HSE. No decision has been arrived at as yet as the statutory assessment process is still ongoing.
89. Deputy Eamon Scanlon asked the Minister for Health his plans to address the restoration of pay in section 39 organisations; if the claim that there will be no retrospective pay element for section 39 workers will be addressed; if his Department and the HSE are actively engaging with section 39 organisations; if funding will be provided to ensure continued services, for example, users of a service (details supplied) which is at risk during planned strike action; and if he will make a statement on the matter. [37891/18]
View answer108. Deputy Mattie McGrath asked the Minister for Health his plans to restore the pay for staff in section 39 organisations; and if he will make a statement on the matter. [37963/18]
View answerI propose to take Questions Nos. 89 and 108 together.
You will be aware that in February 2018, an agreement was reached at the Workplace Relations Commission (WRC) between my Department, the HSE and health sector Trade Unions in relation to a process aimed at resolving the pay restoration issue for staff employed by section 39 bodies.
I asked the HSE to engage with the Section 39 organisations to establish the facts around what cuts were applied and how and when they were implemented. The HSE has completed the first phase of their work in relation to the 50 agencies identified as part of the WRC process. This exercise has shown that of the agencies who returned data, a majority did apply pay reductions of some form. It also showed that some agencies made some form of pay restoration between 2016 and 2018.
Two conciliation meetings took place between the parties at the WRC in July 2018. Unfortunately, the unions withdrew from this process and SIPTU indicated its intention to proceed with industrial action on 18 September 2018.
However, I am pleased to say that on 14 September, SIPTU agreed to the deferral of industrial action in favour of reconvening talks on the issues in dispute at the WRC. These talks will commence on 18 September 2018.
90. Deputy Mattie McGrath asked the Minister for Health his plans to provide for automatic medical cards for persons with life changing spinal cord injuries in budget 2019; if the matter will be considered in order to ensure that those with serious spinal cord injury will be able to rebuild their lives without fear of losing their medical card and the essential services that this guarantees; and if he will make a statement on the matter. [37896/18]
View answerThe HSE's Expert Group on Medical Need and Medical Card Eligibility examined the issue of awarding medical cards on the basis of illness and concluded that it was not feasible, desirable, nor ethically justifiable to list medical conditions in priority order for medical card eligibility. The Expert Group also concluded that a person’s means should remain the main qualifier for a medical card. This position remains unchanged.
Medical card provision is based on financial assessment. In accordance with the provisions of the Health Act 1970 (as amended), eligibility for a medical card is determined by the HSE. The Act obliges the HSE to assess whether a person is unable, without due hardship, to arrange general practitioner services for himself or herself and his or her family, having regard to his or her overall financial position and reasonable expenditure and every application must be assessed on that basis. Under the legislation, having a particular illness, in itself, does not establish eligibility for a medical card and therefore, the medical conditions of applicants for this scheme are not monitored on that basis. Where the applicant's income is within the income guidelines, a medical card or GP visit card will be awarded.
Every effort is made by the HSE, within the framework of the legislation, to support applicants in applying for a medical card and, in particular, to take full account of the difficult circumstances in the case of applicants who may be in excess of the income guidelines. It should be noted, in certain circumstances, the HSE may exercise discretion and grant a medical card, even though an applicant exceeds his or her income threshold, where he or she faces difficult financial circumstances, such as extra costs arising from an illness. Social and medical issues are considered when determining whether undue hardship exists for an individual accessing general practitioner or other medical services. The HSE affords applicants the opportunity to furnish supporting information documentation to fully take account of all the relevant circumstances that may benefit them in the assessment, including medical evidence of cost and necessary expenses.
91. Deputy Robert Troy asked the Minister for Health the status of plans to implement a national opt-out organ donation policy; his views on whether this needs to be implemented as a matter of urgency; and if he will make a statement on the matter. [37901/18]
View answerThe General Scheme of a Human Tissue Bill is being finalised at present and will be submitted to Government for approval shortly.
The proposed legislation will include provisions for a soft opt-out organ donation system.
92. Deputy Jack Chambers asked the Minister for Health the status of plans to publicly fund the treatment Spinraza for persons with spinal muscular atrophy here; and if he will make a statement on the matter. [37922/18]
View answer104. Deputy Paul Murphy asked the Minister for Health when persons suffering with spinal muscular atrophy can expect to have the drug nusinersen approved for reimbursement; and if he will make a statement on the matter. [37948/18]
View answerI propose to take Questions Nos. 92 and 104 together.
The HSE has statutory responsibility for medicine pricing and reimbursement decisions, in accordance with the Health (Pricing and Supply of Medical Goods) Act 2013. The Act specifies the criteria for decisions on the reimbursement of medicines.
HSE decisions on which medicines are reimbursed by the taxpayer are made on objective, scientific and economic grounds, on the advice of the National Centre for Pharmacoeconomics (NCPE). The NCPE conducts health technology assessments (HTAs) for the HSE and makes recommendations on reimbursement to assist HSE decisions.
The HSE strives to reach a decision in as timely a manner as possible. However, because of the significant monies involved, it must ensure that the best price is achieved, as these commitments are often multi-million euro investments on an on-going basis. This can lead to a protracted deliberation process.
Nusinersen (Spinraza) is for the treatment of 5q spinal muscular atrophy (SMA).
An application for the reimbursement of Nusinersen (Spinraza) is currently being processed by the HSE. No decision has been arrived at as yet as the statutory assessment process is still ongoing.
93. Deputy Mary Butler asked the Minister for Health when funding will be approved for Spinraza in line with the BeNeLuxA initiative; and if he will make a statement on the matter. [37928/18]
View answerThe HSE has statutory responsibility for medicine pricing and reimbursement decisions, in accordance with the Health (Pricing and Supply of Medical Goods) Act 2013. The Act specifies the criteria for decisions on the reimbursement of medicines.
HSE decisions on which medicines are reimbursed by the taxpayer are made on objective, scientific and economic grounds, on the advice of the National Centre for Pharmacoeconomics (NCPE). The NCPE conducts health technology assessments (HTAs) for the HSE and makes recommendations on reimbursement to assist HSE decisions.
The HSE strives to reach a decision in as timely a manner as possible. However, because of the significant monies involved, it must ensure that the best price is achieved, as these commitments are often multi-million euro investments on an on-going basis. This can lead to a protracted deliberation process.
Nusinersen (Spinraza) is for the treatment of 5q spinal muscular atrophy (SMA).
An application for the reimbursement of Nusinersen (Spinraza) is currently being processed by the HSE. No decision has been arrived at as yet as the statutory assessment process is still ongoing.
Two members of the Beneluxa Initiative (Belgium and the Netherlands) completed a joint negotiation for the reimbursement of Spinraza in July 2018. This process began before Ireland joined the collaboration and Ireland was not party to these negotiations.
94. Deputy Mary Butler asked the Minister for Health if he has agreed to or plans to engage with an organistaion (details supplied) and the pharmaceutical industry to ensure new medicines are available for persons with MS; and if he will make a statement on the matter. [37929/18]
View answerThe HSE has statutory responsibility for medicine pricing and reimbursement decisions, in accordance with the Health (Pricing and Supply of Medical Goods) Act 2013. The Act specifies the criteria for decisions on the reimbursement of medicines. As Minister for Health, I do not have any statutory power or function in relation to reimbursement of medicines.
Under the 2013 Act, if a company wishes to have a medicine reimbursed through the community drugs schemes, it must submit an application to the HSE to have the medicine added to the Reimbursement List.
As outlined in the 2016 Framework Agreement on the Supply and Pricing of Medicines, and in line with the 2013 Act, the HSE will decide, within 180 days of receiving the application (or a longer period if further information is sought from the company), to add the medicine to the reimbursement list, agree to reimburse it as a hospital medicine or refuse to reimburse it.
HSE decisions on which medicines are reimbursed by the taxpayer are made on objective, scientific and economic grounds, on the advice of the National Centre for Pharmacoeconomics (NCPE). The NCPE conducts health technology assessments for the HSE, and makes recommendations on reimbursement to assist HSE decisions. The NCPE uses a decision framework to systematically assess whether a drug is cost-effective as a health intervention.
The HSE strives to reach a decision in as timely a manner as possible. However, because of the significant monies involved, it must ensure that the best price is achieved, as these commitments are often multi-million euro investments on an ongoing basis. This can lead to a protracted deliberation process.
I am keen to explore ways in which new medicines might be more easily available for public patients in Ireland, but innovative approaches must be compatible with the statutory provisions in place and must also recognise fundamental pricing and funding issues, in the context of finite Exchequer resources.
Owing to scheduling difficulties, it was not possible for me to meet with MS Ireland in June. However, I am willing to meet with MS Ireland on a mutually convenient date.
