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Wednesday, 15 Jul 2020

Written Answers Nos. 123-134

Respite Care Services

Questions (123)

Pauline Tully

Question:

123. Deputy Pauline Tully asked the Minister for Children and Youth Affairs the number of persons that availed of respite care by county by month in 2019 and to date in 2020; the number of facilities providing respite that remained open during Covid-19 restrictions from mid-March to date; and his plans to reopen all facilities in tabular form. [16226/20]

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Written answers

Responsibility for disability related care services still remains with my colleague, the Minister for Health. As a result, the information requested by the Deputy is not available in my Department at present. However, I have referred the Deputy's question to the Department of Health with a request that they reply directly to you.

It is Government's intention to transfer these responsibilities to my Department as quickly and efficiently as possible and the transfer of functions process is ongoing in this regard.

Youth Justice Strategy

Questions (124)

David Stanton

Question:

124. Deputy David Stanton asked the Minister for Justice and Equality the number of submissions received under the public consultation of the draft youth justice strategy; her plans for the progression of the strategy; and if she will make a statement on the matter. [16165/20]

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Written answers

I would like to take this opportunity to acknowledge the Deputy’s leadership, in his term as Minister of State in my Department, in guiding the development of the new Youth Justice Strategy with the support of an expert Steering Group.

As the Deputy is aware, work to develop a new Youth Justice Strategy is a very important element in the State’s policy response to the involvement of children and young people in crime.

The public consultation process involved presenting a draft of the new Strategy, together with an on-line questionnaire, to help gauge opinions on a number of key questions.

My Department has received 360 responses directly through the online questionnaire which closed on June 30. The majority of responses to the questionnaire were individual members of the public. A further 38 written responses have been received from various stakeholders and members of the public through the email address provided as part of the online consultation. I understand that a number of additional responses are expected in the near future.

The outcome of the public consultations will inform some further engagement with relevant Departments, agencies and other key stakeholders in the Autumn, to further refine the details of the draft Strategy. It is intended that the new Strategy will be submitted for Government approval later this year.

Immigrant Investor Programme

Questions (125)

Alan Dillon

Question:

125. Deputy Alan Dillon asked the Minister for Justice and Equality the status of an application by a company (details supplied) to the immigrant investor section of her Department. [16152/20]

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Written answers

I can confirm that the Immigration Service Delivery function of my Department has received a number of endowment applications under the Immigrant Investor Programme for the organisation referred to by the Deputy.

The project was recently assessed by the Independent Evaluation Committee and a decision is expected to issue shortly.

EU Legislation

Questions (126, 127)

Catherine Connolly

Question:

126. Deputy Catherine Connolly asked the Minister for Justice and Equality the reason Ireland has not transposed in full European Council Framework Decision 2009/829/JHA; and if she will make a statement on the matter. [16160/20]

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Catherine Connolly

Question:

127. Deputy Catherine Connolly asked the Minister for Justice and Equality the reason Ireland has not transposed in full European Council Framework Decision 2008/909/JHA; and if she will make a statement on the matter. [16161/20]

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Written answers

I propose to take Questions Nos. 126 and 127 together.

First and in relation to Council Framework Decision 2008/829/JHA on the cross-border recognition of decisions on supervision measures as an alternative to provisional detention, I can inform the Deputy that transposition is well advanced through the drafting and publication of the Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Bill 2019 ("the 2019 Bill").

The 2019 Bill is detailed and technical and represents a straightforward transposition of Framework Decision 2009/829/JHA. It had already completed its passage through the Seanad by October 2019 and had been scheduled for Committee stage in the Dáil when the election was called for February. Restoration of this Bill has been sought and further progress will then be dependent on Oireachtas scheduling.

Second, in relation to Council Framework Decision 2008/909/JHA relating to the mutual recognition of judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty, I can confirm that transposition is being progressed with drafting of the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill.

The Government approved the General Scheme and drafting of this Bill recently, on 12 June. It is now with the Office of the Parliamentary Counsel (OPC) for drafting. Bearing in mind the significant assistance which the OPC provided to my Department in the preparation of the General Scheme, I hope that speedy drafting of the Bill for publication will be possible.

I am keen that both pieces of legislation will progress as quickly as possible.

Crime Data

Questions (128)

James Browne

Question:

128. Deputy James Browne asked the Minister for Justice and Equality the number of convictions for animal theft; the type of animal that was subject to the theft; the court in which the perpetrators of the theft were convicted; the number of those sentenced to imprisonment in each of the years 2015 to 2019, in tabular form; and if she will make a statement on the matter. [16168/20]

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Written answers

I regret that it will not be possible to provide the data the Deputy has requested.

I am informed by the Courts Service that the ability to pull together data for this PQ is dependent upon being able to isolate animal theft in their records over any other type of theft. For other offences, this is possible because the offence type has a specific code on An Garda Síochána's PULSE system, which the Courts Service use for populating their own records.

Unfortunately, there is no specific code on PULSE for theft of animals. The same code is used for all types of theft and it would require the checking of individual records to separate out theft of animals from other types of theft. Given the numbers of offences of theft every year, this is too onerous a task to narrow down over the four year period the deputy has requested.

Visa Applications

Questions (129)

Bríd Smith

Question:

129. Deputy Bríd Smith asked the Minister for Justice and Equality the process in which a foreign person here on a stamp 2 visa for study until September 2020 and at present working under 20 hours per week may apply for a work visa for a longer stay in circumstances in which the person has been offered a permanent position in an Irish company. [16172/20]

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Written answers

In order to take up employment in the State, a person must be in possession of a valid employment permit or a valid green card from the Employment Permit Section of the Department of Business, Enterprise and Innovation.

All non-EEA nationals who are already lawfully resident in the State and hold a valid Certificate of Registration - i.e. an Irish Residence Permit (IRP) or a GNIB Card - with Stamps 1, 1A, 2, 2A and 3 immigration permissions may apply for an Employment Permit if offered employment in any eligible occupation.

Normal Employment Permit application criteria will apply. The assessment of skills, labour market shortages and appropriateness of the salary level will be determined by the Department of Business, Enterprise and Innovation.

If an application is successful, the person concerned must apply to the Immigration Service Delivery of my Department on receipt of the Employment Permit for a change/update of their immigration permission.

Further details on making an application for an Employment Permit is available on the website of the Department of Business, Enterprise and Innovation at: https://dbei.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Permit-Types/General-Employment-Permit/.

Immigration Status

Questions (130)

Kieran O'Donnell

Question:

130. Deputy Kieran O'Donnell asked the Minister for Justice and Equality the residency status or eligibility for stamp 4 naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [16256/20]

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Written answers

The records available to my Department indicate that the person referred to by the Deputy has no legal status in the State since 28 February 2018.

In all cases, where persons have no permission to remain in the State, they must engage with the immigration authorities if they wish to be permitted to remain here legally.

The person is advised to write to Unit 2, Residence Division, Immigration Service Delivery, 13/14 Burgh Quay, Dublin 2, supplying a full copy of their passport and full details outlining their current circumstances. Queries can be sent by email to unit2residencedivision@justice.ie.

I would encourage any person who is resident in the State without permission to contact the Department or their local immigration office and to take all appropriate steps to regularise their position in the state.

Queries in relation to the status of individual immigration cases may be made directly to my Department by email 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 Question process. The Deputy may consider using the email service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Hospital Appointments Status

Questions (131)

Michael Healy-Rae

Question:

131. 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. [16155/20]

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Written answers

In response to the Covid-19 pandemic the HSE had to take measures to pause most elective scheduled care activity with effect from the end March 2020. This was to ensure patient safety and that all appropriate resources were made available for Covid-19 related activity and time-critical essential work. This decision was in line with the advice issued by National Public Health Emergency Team (NPHET) and in accordance with World Health Organisation guidelines, and the National Action Plan.

To ensure services are re-introduced in a safe, clinically-aligned and prioritised way, the HSE launched its Strategic Framework for ‘Service Continuity in a Covid Environment’ on 24th June 2020. Its implementation will ensure service resumption is done in an integrated way. This will involve a phased approach to ensure community services are strengthened. The Framework will also consolidate new ways of working and build on international knowledge. The HSE is currently developing a Service Continuity Roadmap for the resumption of services across the health system. My Department, the HSE and the National Treatment Purchase Fund are currently working together to evaluate the impact of Covid 19 on Scheduled Care waiting lists, in order to be prepared to address pent up demand.

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 is a standardised approach used by the HSE to manage scheduled care treatment for in-patient, day case and planned procedures. It sets out the processes that hospitals are to implement to manage waiting lists and was developed in 2014 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.

In relation to the particular query raised, as this is a service matter, I have asked the HSE to investigate the matter and provide you with a direct response.

Disability Services Provision

Questions (132)

Seán Sherlock

Question:

132. Deputy Sean Sherlock asked the Minister for Health when a service will be restored to a person (details supplied); and if he will make a statement on the matter. [16156/20]

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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.

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

Medicinal Products

Questions (133)

Seán Sherlock

Question:

133. Deputy Sean Sherlock asked the Minister for Health if a treatment will be funded for persons diagnosed with ATTR amyloidosis at the National Amyloidosis Centre at the Royal Free Hospital in London; and if patisiran and equivalent drugs required for their treatment will receive funding. [16157/20]

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Written answers

The HSE has statutory responsibility for decisions on pricing and reimbursement of medicines under the community drugs schemes, 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.

In line with the 2013 Act and the national framework agreed with industry, a company must submit an application to the HSE to have a new medicine added to the reimbursement list.

Reimbursement is for licensed indications which have been granted market authorisation by the European Medicines Agency or the Health Products Regulatory Authority.

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 NCPE uses a decision framework to systematically assess whether a drug is cost-effective as a health intervention.

I am advised by the HSE that it has received an application for the reimbursement of patisiran (Onpattro®) for the treatment of hereditary transthyretin-mediated amyloidosis (hATTR amyloidosis) in adult patients with stage 1 or stage 2 polyneuropathy.

In January 2019, a full health technology assessment was commissioned by the HSE. This assessment was completed in February 2020 with the NCPE recommending that patisiran (Onpattro®) is not considered for reimbursement unless cost-effectiveness can be improved relative to existing treatments.

The HTA report will be an important input into the decision making processes of the HSE. The HSE is currently reviewing the report received and has recently met with the applicant company to discuss this.

Once negotiations between the HSE and the applicant company are complete, this application must then be formally considered by the HSE Drugs Group. The HSE Drugs Group is the national committee which the HSE has in place to make recommendations on the pricing and reimbursement of medicines. The decision making authority in the HSE is the HSE Executive Management Team.

In general, the HSE's Treatment Abroad Scheme (TAS) does not provide access to drug therapies which are not provided (funded) by the public healthcare system in Ireland. However, I am advised by the HSE that in the case of treatments provided by the National Amyloidosis Centre at the Royal Free Hospital in London a patient can make an application to the TAS. Each application is dealt with by the HSE on an individual basis and subject to independent medical advice.

Hospital Appointments Status

Questions (134)

Michael Healy-Rae

Question:

134. Deputy Michael Healy-Rae asked the Minister for Health when an operation will be expedited for a child (details suppled); and if he will make a statement on the matter. [16164/20]

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Written answers

I am conscious that waiting times are often unacceptably long and of the burden that this places on patients and their families.

In response to the Covid-19 pandemic the HSE had to take measures to defer all most elective scheduled care activity in line with the advice of the National Public Health Emergency Team (NPHET). This was to ensure patient safety and that all appropriate resources were made available for Covid-19 related activity and time-critical essential work.

The decision to delay appointments and admissions is not undertaken lightly and when such a decision is made, it is based on the safe delivery of care to all patients. The trajectory of the disease means there is now an opportunity for increasing the provision of non-covid care including more routine care. In this context Children’s Health Ireland (CHI) is now re-establishing services on an incremental basis.

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 line with this policy, the clinical prioritisation of patients is the responsibility of the treating Consultant.

My Department has been made aware of the specific patient query raised. Children’s Health Ireland (CHI) have advised the Department that the hospital remains in constant contact with the patient’s family to provide updates and advice.

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