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Thursday, 20 Jun 2019

Written Answers Nos. 120-144

Residency Permits

Questions (120)

Bernard Durkan

Question:

120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when consideration will be given to awarding appropriate residency status in the case of a person (details supplied); and if he will make a statement on the matter. [26008/19]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for a residence card as a family member of an EU citizen, in this case a spouse, on 07/09/2012 under the provisions of the European Communities (Free Movement of Persons) Regulations 2015 and Directive 2004/38/EC of the European Parliament and of the Council.

Following a review of the original decision of 08/03/2013 to refuse to approve a residence card, the person concerned was granted a residence card under EU Treaty Rights on 06/02/2014 valid for a period of 5 years.

The person concerned subsequently applied on 04/07/2018 for a permanent residence card as a family member of an EU citizen under the provisions of the aforementioned Regulations and Directive. This application is under consideration.

In light of information that became available to the Minister, the residence card granted to this person in 2014 was revoked for the reasons set out in the letter that issued to the person concerned on 21/01/2019. The person concerned submitted a request for a review of that decision on 07/02/2019. The review is under consideration.

A decision in respect of the application for a permanent residence card and the request for review will issue to the person concerned in due course. Although it is not possible at the present time to provide a definitive date by which a determination will be made in this case, there will be no avoidable delay in completing same.

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

Residency Permits

Questions (121)

Bernard Durkan

Question:

121. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in regard to residency status and eligibility for stamp 4 in the case of a person (details supplied); and if he will make a statement on the matter. [26009/19]

View answer

Written answers

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for a residence card as a family member of an EU citizen, in this case a stepchild, on 07/09/2012 under the provisions of the European Communities (Free Movement of Persons) Regulations 2015 and Directive 2004/38/EC of the European Parliament and of the Council. Following a review of the original decision of 08/03/2013 to refuse to approve a residence card, the person concerned was granted a residence card under EU Treaty Rights on 06/02/2014 valid for a period of 5 years.

The person concerned subsequently applied on 19/11/2018 for a permanent residence card as a family member of an EU citizen under the provisions of the aforementioned Regulations and Directive. This application is still under consideration. Applications are dealt with in chronological order, and a decision will issue to the person concerned in due course. Although it is not possible at the present time to provide a definitive date by which a determination will be made in this case, there will be no avoidable delay in completing same.

In light of information that became available to the Minister, the residence card granted to this person in 2014 was revoked on 21/01/2019. The person concerned was afforded an opportunity to seek a review of that decision. However, a request for review of the decision to revoke the residence card was not received within the allocated 15 days or since.

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

Residency Permits

Questions (122)

Bernard Durkan

Question:

122. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status in the case of a person (details supplied); and if he will make a statement on the matter. [26010/19]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for a right of residency, accompanied by a right to work, based on their parentage of an Irish citizen child on 15 October 2018. The Deputy will appreciate that applications are dealt with in chronological order. I understand that the application is under consideration at present and INIS will be in contact with the person concerned in due course.

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.

Deportation Orders Re-examination

Questions (123)

Bernard Durkan

Question:

123. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a proposed deportation order will be set aside in the case of a person (details supplied); and if he will make a statement on the matter. [26011/19]

View answer

Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order issued on 12 June 2019. This Order requires the person concerned to remove themselves from the State and remain outside the State. The enforcement of Deportation Orders are a matter for the Garda National Immigration Bureau.

It is open to the person concerned to submit representations requesting that the Deportation Order be revoked, pursuant to Section 3(11) of the Immigration Act 1999 (as amended). However, I wish to make clear that such an application would require substantial grounds to be successful.

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 expected residency position in the case of a person (details supplied); and if he will make a statement on the matter. [26012/19]

View answer

Written answers

As the Deputy is aware, 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 or his legal representative should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate.

The IPO may be contacted 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 International Protection Appeals Tribunal may be contacted either by email to info@protectionappeals.ie, by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.

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 the 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 independent in the performance of their protection functions.

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

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 (125)

Bernard Durkan

Question:

125. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [26013/19]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for a certificate of naturalisation from the person referred to by the Deputy, who currently has permission to reside in the state until 27 December 2019, is ongoing. On completion of the necessary processing the application will be submitted to me for decision as expeditiously as possible. Should further documentation be required it will be requested from the applicant in due course.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

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 (126)

Bernard Durkan

Question:

126. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [26014/19]

View answer

Written answers

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), written representations have been submitted on behalf of the person concerned.

These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being 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.

Residency Permits

Questions (127)

Bernard Durkan

Question:

127. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when temporary or extended residency will be awarded in the case of a person (details supplied); and if he will make a statement on the matter. [26015/19]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of correspondence from the person concerned in relation to a request for temporary or extended permission to remain in the State.

I also understand that it would appear the person's presence in the State may be unlawful as they do not appear to hold a current permission to remain in the State. The Deputy will appreciate that, under the relevant provisions of the Immigration Act, 2004, a non-national may not be in the State other than within the terms of a permission from the Minister for Justice and Equality.

I am, however, further informed that it is open to the person concerned to contact Unit 2, Domestic Residence and Permissions Division, 13/14 Burgh Quay, Dublin 2, in writing, setting out their particular circumstances. Any such request will be given detailed consideration by INIS upon receipt of the relevant information from the individual concerned.

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.

Court Accommodation Provision

Questions (131)

Charlie McConalogue

Question:

131. Deputy Charlie McConalogue asked the Minister for Justice and Equality if the OPW has carried out a recent assessment of Carndonagh Court House, Carndonagh, County Donegal; if issues have been identified; his plans to remedy same; the timeframe involved; if the OPW will work with the Courts Service to ensure a temporary venue is made available and that court sittings continue to be held in Carndonagh; and if he will make a statement on the matter. [26049/19]

View answer

Written answers

As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and been advised by the Courts Service that immediate health and safety issues were identified by the Office of Public Works following an inspection of Carndonagh Courthouse. Unfortunately, court hearings could not continue at the courthouse in the short term. I have also been advised that a review is still being carried out on the future viability of the courthouse.

As to future sittings, I understand Carndonagh District Court sits once per month. While the court sat earlier this week (18 June) in Buncrana, no decision has yet been made regarding the location of the July sitting. There will no sitting in August.

Work Permits Applications

Questions (132)

Bernard Durkan

Question:

132. Deputy Bernard J. Durkan asked the Minister for Business, Enterprise and Innovation if an application for a work permit will be considered in the case of a person (details supplied); and if she will make a statement on the matter. [26006/19]

View answer

Written answers

There does not appear to be current employment permit applications for either of these persons.

Applications for an employment permit by the persons concerned will be considered should such applications be made, subject to those applications fulfilling all relevant criteria.

In order to apply for an employment permit a non-EEA national must have a secured a job offer for an eligible occupation from an Irish registered employer.

Details on how to apply for an employment permit are available on my Department's website at the following link - https://dbei.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/

In order to assist with the application process, the Department has produced a suite of information including various checklist documents, a ‘User Guide' to our online application system and a comprehensive FAQ Document which answers the most common queries received regarding employment permits. All this information can be found in the Employment Permit section of my Department’s website at www.dbei.gov.ie

Respite Care Services Data

Questions (133, 156, 157)

Pearse Doherty

Question:

133. Deputy Pearse Doherty asked the Minister for Health the number of respite hours provided for adults with an intellectual disability in County Donegal in each of the years 2008 to 2018, in tabular form. [25968/19]

View answer

Pearse Doherty

Question:

156. Deputy Pearse Doherty asked the Minister for Health the number of respite hours provided for children with an intellectual disability in County Donegal in each of the years 2008 to 2018, in tabular form. [25969/19]

View answer

Pearse Doherty

Question:

157. Deputy Pearse Doherty asked the Minister for Health the number of respite hours provided for adolescents in County Donegal with an intellectual disability in each of the years 2008 to 2018, in tabular form. [25970/19]

View answer

Written answers

I propose to take Questions Nos. 133, 156 and 157 together.

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.

The Programme for Partnership Government states that the Government wishes to provide more accessible respite care to facilitate full support for people with a disability.

As the Deputy's questions relate to service matters, I have arranged for the questions to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.

Home Help Service Provision

Questions (134)

Michael Healy-Rae

Question:

134. Deputy Michael Healy-Rae asked the Minister for Health the status of home help for a person (details supplied); and if he will make a statement on the matter. [25859/19]

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.

Home Help Service

Questions (135)

Denis Naughten

Question:

135. Deputy Denis Naughten asked the Minister for Health if he will report on the meeting between the Minister of State with special responsibility for mental health and older people and HSE CHO managers on the delivery of home help hours; if the €18.3 million home support hours committed to in the service plan will be delivered in 2019; the cost of compliance with a decision (details supplied); and if he will make a statement on the matter. [25864/19]

View answer

Written answers

Home supports enable older people to remain in their own homes and communities, as well as facilitating timely discharge from hospital. The Government has made improved access to home support services a priority. This is reflected in the ongoing additional investment made in these services in recent years with the budget growing from €306 million in 2015 to almost €446 million in 2019. That is about a 45% increase in the annual budget for home support.In 2018, the total budget for the service was €416.8 million, providing over 17.5 million hours. In 2019 almost €30 million has been added to the home support budget. This year the HSE intends to provide over 18.2 million home support hours, including intensive home care packages, to over 53,000 people. When one looks at the year-on-year targets, this means that this year’s National Service Plan aims to deliver about 800,000 more hours than the 2018 target. I expect the HSE to deliver on this service plan commitment.The allocation of funding for home supports, though significant, is finite and services must be delivered within the funding available. The Home Support Service is not demand led and is therefore operated in line with agreed budgetary limits and targets as set out in the HSE National Service Plan.To achieve compliance with its funding allocation, the HSE must ensure that the value of the total number of hours provided does not exceed the budget. This means that the HSE has to manage its service delivery over the course of the year to align with the total funding available. It also has a responsibility to ensure that activity is planned so as to anticipate critical demand pressures, most particularly emergency pressures in the initial and latter parts of the year.

As the Deputy is aware, I am meeting senior HSE representatives this week to further discuss the delivery of home support in the context of the National Service Plan and I am happy to keep colleagues updated on the issue.

The cost of compliance with the decision referred to by the Deputy is a service matter and I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.

Health Services Staff

Questions (136, 137)

Clare Daly

Question:

136. Deputy Clare Daly asked the Minister for Health if his attention has been drawn to concerns involving allegations of assault by staff working for an organisation (details supplied) and the apparent failure of the HSE to investigate and deal with same; and if he will make a statement on the matter. [25865/19]

View answer

Clare Daly

Question:

137. Deputy Clare Daly asked the Minister for Health his views on concerns regarding an organisation (details supplied); and if he will make a statement on the matter. [25866/19]

View answer

Written answers

I propose to take Questions Nos. 136 and 137 together.

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

Hospital Waiting Lists

Questions (138)

Joan Collins

Question:

138. Deputy Joan Collins asked the Minister for Health if the case of a person (details supplied) will be examined. [25872/19]

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 National Waiting List Management Policy, a standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, since 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 the Deputy directly.

Services for People with Disabilities

Questions (139)

Seán Fleming

Question:

139. Deputy Sean Fleming asked the Minister for Health the services available for children with cerebral palsy in County Laois; and if he will make a statement on the matter. [25892/19]

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 service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.

Hospital Staff Data

Questions (140)

Lisa Chambers

Question:

140. Deputy Lisa Chambers asked the Minister for Health the number of staff working in Ballina hospital by position, that is, nurses, agency staff, consultants, contract and so on; and if he will make a statement on the matter. [25895/19]

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.

Home Help Service

Questions (141)

Michael Healy-Rae

Question:

141. Deputy Michael Healy-Rae asked the Minister for Health if he will address a matter regarding conditions for home help workers (details supplied); and if he will make a statement on the matter. [25896/19]

View answer

Written answers

I have asked the HSE to respond directly to the Deputy on this matter.

Nursing Homes Support Scheme Applications

Questions (142)

Kevin O'Keeffe

Question:

142. Deputy Kevin O'Keeffe asked the Minister for Health the status of an application by a person (details supplied). [25902/19]

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.

Health Services Provision

Questions (143)

Willie Penrose

Question:

143. Deputy Willie Penrose asked the Minister for Health if, in view of the unacceptable delays for cataract surgery and limited services for children with ophthalmology issues, he will consider the roll-out of the Sligo cataract scheme nationally with optometrists and hospital eye departments working together and further permit the roll-out of a national scheme to enable children that do not need medical or surgical management to be examined in the community by optometrists; and if he will make a statement on the matter. [25907/19]

View answer

Written answers

As this is a service matter it has been referred to the HSE for reply to the Deputy.

Home Care Packages Provision

Questions (144)

Eamon Scanlon

Question:

144. Deputy Eamon Scanlon asked the Minister for Health when home support will be in place for a person (details supplied); and if he will make a statement on the matter. [25910/19]

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.

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