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Thursday, 5 Nov 2020

Written Answers Nos. 186-210

Residency Permits

Questions (186)

Brendan Griffin

Question:

186. Deputy Brendan Griffin asked the Minister for Justice if advice will be provided in relation to matters raised in correspondence by a person (details supplied); and if she will make a statement on the matter. [34237/20]

View answer

Written answers

Based on the information provided it is not clear which immigration permission the person currently holds to support their residency in the state for the last two years. Therefore, while I am unable to provide a detailed response, I have provided some general information that may be of assistance.

As the person is an American citizen they do not require a Visa to travel to Ireland and visit for up to 90 days. If it is their intention to remain longer than 90 days then they should contact their local Immigration Officer or if they believe that there has been an unexpected change in their circumstances - that the person could not have foreseen before entering the State - they can make an application for an extension of their visitor permission.

They must apply in writing to:

Extension of Visitor Permission,

Residence Division Unit 6,

Immigration Service,

PO Box 12695,

Dublin 2.

Any such application must include:

- A full copy of the visitor's current passport showing entry stamp to the State

- Detailed account of the unforeseen circumstances that have arisen.

- Documentary supporting evidence (e.g. medical reports if applicable).

- How much extra time is required.

- Details of any family members resident in the State and their current circumstances (i.e. studying or working).

- Evidence of private medical insurance.

- Contact address in the State, telephone number and/or e-mail address.

Queries in relation to extension of visitor permission can be sent to:

EVICsResidenceDivision@justice.ie

The question of entry for any individual, whether visa or non-visa required, is determined by the Immigration Officer at the port of entry at the time the individual seeks entry into the State. All relevant factors are taken into account with the principal ones being the purpose of the visit, the duration of stay, the ability of the individual to support themselves during their stay, and proof that the person will exit the country on or before the expiry of any permission given.

If the person has been working in the state under work permit conditions then that work permit should be registered with their local immigration office and renewed as required. Once the permission is renewed and in date at the time of travel there should be no issue with re-entry to the state following return from the US. However, each application for entry to the State is assessed on its own merits. Therefore, it is advisable for the individual to carry any relevant documentation for presentation to the Immigration Officer on arrival.

Further information on visa requirements and documentation recommended for entry into the State is available on the Immigration Service website at: http://www.inis.gov.ie/en/INIS/Pages/check-irish-visa

Prison Accommodation

Questions (187)

Éamon Ó Cuív

Question:

187. Deputy Éamon Ó Cuív asked the Minister for Justice when a detailed reply will issue to Parliamentary Question No. 251 of 1 October 2020 in relation to prison conditions in the Dóchas centre for female prisoners; and if she will make a statement on the matter. [34204/20]

View answer

Written answers

I wish to apologise for the delay in responding to the initial Parliamentary Question from the Deputy.

The Irish Prison Service is committed to the provision of safe, secure and humane custody for people who are sent to prison in this State and the Deputy will be aware of their outstanding record of safeguarding those in their care during the current pandemic.

The Chaplaincy Service is independent and professional, while working as part of the prison multi-disciplinary team reporting to the Governor. Chaplains have a crucial supporting role in prison life by providing pastoral and spiritual care to any prisoners who wish to avail of the service.

As the Deputy will appreciate, I am regularly briefed by officials on a range of matters relating to the operation of the Irish Prison Service and I understand that the reports from the Prison Chaplains will be published on the IPS website shortly.

These reports will contribute to the ongoing engagement on prisons matters, including in relation to the operation of the Dochas centre.

Visa Applications

Questions (188)

Michael McNamara

Question:

188. Deputy Michael McNamara asked the Minister for Justice if her Department has ceased processing visa applications in respect of non-national family members of persons lawfully resident in, or citizens of, Ireland who have a human right to maintain family unity during the current lockdown and ongoing restrictions since April 2020, given that the right to family life is a basic human right and Ireland has not, formally at least, declared a state of emergency; and if she will make a statement on the matter. [34223/20]

View answer

Written answers

The COVID-19 pandemic has had a significant impact on the way the Immigration Service of my Department conducts its business. All operational decisions taken during this time are in line with Government and public health advice.

There was a temporary suspension on the acceptance of some visa application, including join-family applications, introduced in March 2020. The Immigration Service continued to process those join-family applications which it had received before the suspension was introduced. The suspension on the acceptance of join-family applications was removed in June 2020, and join-family visa applications continue to be accepted and processed. It remains the position that we are not accepting most short stay (fewer than 90 days) visa applications. Details of the other visas which are being processed are available on our website: www.inis.gov.ie.

There are still restrictions in place in some countries which are outside our control and the Immigration Service intends to resume accepting join-family visa applications as soon the local conditions permit in those countries. The extent of the resumption of visa services will continue to be decided in accordance with World Health Organisation (WHO) and Health Service Executive (HSE) guidelines both in Ireland and globally.

The Immigration Service has implemented a suite of measures to help in reducing the spread of the COVID-19 virus including the implementation of remote working for staff in order to comply with social and physical distancing measures. Unfortunately, these measures have led to a reduction in processing capacity. While delays are expected including in the processing of join-family visa applications, we are endeavouring to processing such applications as quickly as possible, processing times inevitably vary as a result of these factors.

Naturalisation Applications

Questions (189)

Cian O'Callaghan

Question:

189. Deputy Cian O'Callaghan asked the Minister for Justice the number of applications for naturalisation being processed; the number that are over 24 months in process since the application was first submitted; if his Department sets targets for the processing time of applications; and if she will make a statement on the matter. [34387/20]

View answer

Written answers

There are approximately 21,300 citizenship applications on hand in my Department at various stages of processing within the system, ranging from those just received, to those where a decision has been made but where it has not been possible to hold a ceremony. 5,378 of these applications are over 24 months in process since the application was first submitted. Over 80% of these applications were received in the preceding 24 months. Older cases are complex in nature, may be subject to judicial review and/or continue to be active for a range of reasons.

In general, the current target is that it should take around 12 months for a standard application to be processed from the date it is received to the date a decision is made. However, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks, including security checks can take a considerable period of time with the result in some applications taking longer than the average timescale.

Processing timescales can be impacted by incomplete applications having to be returned; further documentation being required from the applicant; where the payment of the required certificate fee is awaited; or if the applicant has not been engaging with the Immigration Service of my Department. In some instances, the input of several government agencies, both within and outside the jurisdiction is needed and the request and receipt of information from these sources can result in delays in processing some applications. Issues can also arise at the final stage of the naturalisation process, for example, where additional information comes to light which is required to be considered before a final decision is taken.

Additionally a number of issues have impacted on the processing of citizenship applications over the past 12 months. A High Court case which was subsequently successfully appealed to the Court of Appeal resulted in significant delays last year. This has been compounded by the COVID-19 restrictions which have impacted the delivery of normal services to date this year. The combined impact of the Jones judgement and the COVID-19 disruption has resulted in the loss of over six months processing time. As a result, the processing timeline for standard applications has increased to 12 months.

My Department is working on various solutions to process the existing caseload on hand, including the enhanced website which provides perspective applicants with greater information than before, the roll-out earlier this year of the e-payments facility, along with a range of other ICT solutions which are been progressed. Moving to e-tax clearance and e-Vetting will also support speedier processing going forward. The situation continues to be monitored in order to improve service to our customers.

COVID-19 has unfortunately prevented the holding of our large scale citizenship ceremonies which is impacting the processing of applications. I have recently given approval for the priority drafting of a statutory instrument covering applicants who are 'ceremony ready' where my Department will issue the naturalisation certificate on receipt of a statutory declaration. In this way, we hope to alleviate the delays currently impacting those seeking to start their new lives as Irish citizens. This will enable approximately 3,000 applicants to be granted citizenship in the near future. It remains my intention that large scale ceremonies will recommence once circumstances allow.

Garda Data

Questions (190)

Neale Richmond

Question:

190. Deputy Neale Richmond asked the Minister for Justice the average age of a member of An Garda Síochána; and if she will make a statement on the matter. [34413/20]

View answer

Written answers

I am informed by the Garda authorities that the personnel strength of An Garda Síochána as at 31 October 2020 is 14,549 with an average age of 40.

The Deputy may further wish to note that the average age for a Garda is 38, Sergeant is 46, Inspector is 48, Superintendent is 52, Chief Superintendent is 54 and Acting Commissioner, Deputy Commissioner and Commissioner is 57.

Naturalisation Applications

Questions (191)

Bernard Durkan

Question:

191. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for naturalisation in the name of a person (details supplied); and if she will make a statement on the matter. [34482/20]

View answer

Written answers

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 9 April 2018. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. If any further documentation is required, it will be requested from the person in due course.

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. However, 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 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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Naturalisation Eligibility

Questions (192)

Bernard Durkan

Question:

192. Deputy Bernard J. Durkan asked the Minister for Justice the position and progress to date in the determination of an eligibility for naturalisation and or stamp 4 in the case of a person (details supplied); and if she will make a statement on the matter. [34483/20]

View answer

Written answers

An application for residence in this State as a family member of an EU citizen was submitted by the person concerned on 12 September 2019, under the provisions of the European Communities (Free Movement of Persons) Regulations 2015 and EU Directive 2004/38/EC.

This application is still under consideration. A letter issued on 21 September 2020, and also re-issued on 2 November 2020, to the person concerned granting them a temporary extension to their permission up to 11 April 2021.

To be fair to all applicants, 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.

Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy's view, inadequate or too long awaited.

Asylum Applications

Questions (193)

Bernard Durkan

Question:

193. Deputy Bernard J. Durkan asked the Minister for Justice the procedure available to a person (details supplied) to facilitate an appeal against the decision refusing their application for asylum under the international protection programme; and if she will make a statement on the matter. [34484/20]

View answer

Written answers

In order to maintain full confidentiality, it is not my Department's practice to comment on whether an application for international protection has been made in the State or to comment on recommendations made in respect of any application.

The staff of the Chief International Protection Officer and International Protection Officers are independent by law in the exercise of their international protection functions. They are also bound by confidentiality provisions in respect of applicants as set out in the 2015 Act. They will only communicate with the applicant or their legal representative in the processing of their application. To do otherwise would be to compromise the applicant’s right to confidentiality.

Therefore, when information is required in relation to an application the applicant for international protection status, or their legal representative, should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate, where advice in relation to their application and the options available and procedures to be followed will be provided.

The International Protection Office may be contacted: 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.

Naturalisation Applications

Questions (194)

Bernard Durkan

Question:

194. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [34502/20]

View answer

Written answers

An application for a certificate of naturalisation in relation to the person referred to is currently being processed with a view to establishing whether they meet the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

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 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 is, in the Deputy’s view, inadequate or too long awaited.

Garda Stations

Questions (195)

Róisín Shortall

Question:

195. Deputy Róisín Shortall asked the Minister for Justice if urgent consideration can be given to the provision of a Garda station for areas (detailed supplied) in County Dublin in view of the rapid population growth here; if immediate provision can be made for increased dedicated Garda resources for the areas; and if she will make a statement on the matter. [34508/20]

View answer

Written answers

The Deputy will be aware that the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including personnel matters and the deployment of resources. As Minister, I have no role in these matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.

The Deputy will appreciate that the Office of Public Works (OPW) has responsibility for the provision and maintenance of Garda accommodation. As a result, all works related to the Garda estate involve close cooperation between the OPW and the Garda authorities.

I am informed by the Garda authorities that there are no immediate plans to develop a Garda Station in the Donabate and Portrane area, but local Garda management are conscious of the increasing population of the area and have factored this into the District Policing Plan.

I am informed by the Garda authorities that the area of interest to the Deputy is policed by Swords Garda station and that dedicated Garda patrols are detailed for that area. The area is also regularly patrolled by Divisional and Regional Roads Policing Units and the Burglary Response Unit.

An Garda Síochána continues to review resources in the DMR North Division to ensure sufficient policing service is provided. The allocation of additional probationer Gardaí from the Garda College to the Coolock District this week will increase An Gardaí Síochána’s presence and effectiveness in the Donabate and Portrane area.

A detailed breakdown of the Garda workforce, including both Garda members and staff, is available on my Department’s website. Details of Garda deployment for all Garda Divisions, as furnished to me by An Garda Síochána, is available at the following link:

http://www.justice.ie/en/JELR/002_Garda_Numbers_by_Division_District_and_Station_2009_to_September_

2020.xlsx/Files/002_Garda_Numbers_by_Division_District_and_Station_2009_to_September_2020.xlsx

This information is updated every month with the latest data provided by An Garda Síochána and published on my Department's website, in the interests of transparency and for the convenience of Deputies and the wider public.

Additional information on the Garda workforce, as furnished to me by An Garda Síochána, is available at the following link: http://www.justice.ie/en/JELR/Pages/Garda_Workforce

Information on Garda staff, as furnished to me by An Garda Síochána, is available at: http://www.justice.ie/en/JELR/Pages/Garda_Staff.

Community Policing

Questions (196)

Róisín Shortall

Question:

196. Deputy Róisín Shortall asked the Minister for Justice the position regarding a community policing unit in a Garda sub-district (details supplied) in County Dublin; the number of Garda members by rank in this community policing unit in each of the years 2016 to 2019 and to date in 2020; if this community policing unit is operational; and if she will make a statement on the matter. [34510/20]

View answer

Written answers

As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. Further, the allocation of Garda resources is made in light of identified operational demands. This includes deployment of personnel among the various Garda Divisions. As Minister, I have no direct role in the matter.

I am assured, however, that Garda management keeps this distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use. I understand that it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her, having regard to the profile of each area within the Division and its specific needs.

To date, the official categorisation as a Community Garda has simply referred to those who are exclusively assigned to building relationships with local communities and civil society including giving talks to schools, community groups and others. However, it is important to note that community policing is at the heart of An Garda Síochána and that all Gardaí have a role to play in community policing in carrying out their duties. Indeed, this has never been more evident than in the work carried out by all members of the Gardaí over the last eight months as we have tackled the COVID-19 pandemic.

I have been advised by the Garda authorities the table below sets out the number of Community Gardaí assigned to Swords Garda Station in the years in question.

Year

Sergeant

Garda

Total

2019

1

8

9

2018

1

9

10

2017

1

9

10

2016

1

9

10

Insofar as the current year is concerned, I am further advised that Garda Members attached to Swords Community Policing Unit were temporarily re-assigned to the Regular units at the commencement of the new roster introduced as part of the response by An Garda Síochána to Covid-19. I am assured by the Garda authorities that members from the Community Policing Unit remain in contact with their contacts throughout the community, and have been providing valuable assistance to vulnerable persons throughout the crisis.

As the Deputy will be aware, Swords is located in the DMR North Garda Division, and forms part of the Coolock District. At 30 September 2020, the latest date for which figures are available, there 237 Gardaí assigned to the Coolock District. As of the same date there were 88 Gardaí members were assigned specifically to Swords Garda Station, which included 76 Gardaí, 11 Sergeants and 1 Inspector.

I can inform the Deputy that detailed information in relation to Community Garda numbers is available on my Department’s website. This information is updated every month with the latest data provided by An Garda Síochána, at the following link:

http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures

Tribunals of Inquiry

Questions (197)

Neasa Hourigan

Question:

197. Deputy Neasa Hourigan asked the Minister for Justice if all recommendations of the Moriarty tribunal have been implemented; the recommendations that are outstanding; when they will be implemented; and if she will make a statement on the matter. [34515/20]

View answer

Written answers

As the Deputy will be aware, the Moriarty Tribunal made a number of recommendations which related to the responsibilities of different Government Departments. Insofar as my Department is concerned, I can advise the Deputy that since the Tribunal produced its findings, there have been a number of significant steps taken to strengthen the State’s ability to tackle corruption and related activities.

In particular, I would refer the Deputy to the Criminal Justice (Corruption Offences) Act 2018 which is a very important piece of legislation in the fight against corruption both in Ireland and abroad. The Act represents a complete overhaul of anti-corruption offences in Ireland, which dated as far back as 1889 and were contained in seven different statutes.

The Act provides a single, consolidated modern piece of legislation which is more comprehensive and more accessible. As well as being a consolidation, the Act is also responding to recommendations from the Mahon Tribunal, from GRECO, from the OECD Working Group on Bribery and from the UNCAC Implementation Review Mechanism. Some of the key aspects of the Act include the introduction of new offences and tougher penalties in areas relating to the giving of gifts; trading in influence; false documentation; and a liability offence for bodies corporate where any individual connected with the company has been found guilty of corruption. Further information relating to the Act and the Government’s cross-Departmental approach to tackling corruption and bribery can be found on www.anticorruption.ie.

The new Programme for Government, Our Shared Future , recognises the reputational and economic damage that corruption and white collar crime can cause to the State and commits the Government to introduce and implement new anti-fraud and anti-corruption structures informed by the work of the Review Group on structures and strategies to combat corruption and fraud (Hamilton Review Group) with a focus on legislative, structural and resourcing measures to enhance agency and multi-agency enforcement and prevention capacity in the criminal justice sphere.

The Hamilton Review Group was established as part of a package of measures to enhance Ireland’s ability to combat economic crime and corruption. Its membership comprised representation from Government Departments and the key State agencies with responsibility for the prevention, investigation and prosecution of economic crime and corruption as well as a small number of experts from outside the public service.

I can inform the Deputy that I intend to publish the Report of the Hamilton Review Group in the near future.

Child and Adolescent Mental Health Services

Questions (198)

Thomas Pringle

Question:

198. Deputy Thomas Pringle asked the Minister for Health the waiting lists for CAMHS services, per region, indicating the length of time that persons are waiting in tabular form; and if he will make a statement on the matter. [34382/20]

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 Insurance

Questions (199)

Michael McNamara

Question:

199. Deputy Michael McNamara asked the Minister for Health if there are exemptions for the lifetime community rating for a person (details supplied) in County Clare; and if he will make a statement on the matter. [34497/20]

View answer

Written answers

Lifetime Community Rating (LCR) was introduced in 2015 as a support to Ireland’s community rated-health insurance market, where people who are old or sick do not have to pay more than the young and healthy when taking out a health insurance policy. LCR encourages people to join the health insurance market at a younger age to avoid late entry loadings of 2% per annum which may apply at age 35 and older. The objective of LCR is to ensure sufficient balance between older and younger people, between those who tend to claim more and those who tend to claim less, with the aim of ensuring sustainability of the community-rated market overall.

A person who lived outside the State on 1 May 2015 and moves to Ireland has 9 months (from the date of moving) to purchase inpatient private health insurance without incurring any LCR loadings. In circumstances where loadings do apply, previous periods of inpatient cover are taken into account and can reduce the level of loading applied to a premium. Any loading will apply for a maximum period of 10 years.

Covid-19 Pandemic

Questions (200)

Neasa Hourigan

Question:

200. Deputy Neasa Hourigan asked the Minister for Health if reflexology is considered an essential therapy in relation to level 5 Covid-19 restrictions; and if he will make a statement on the matter. [34179/20]

View answer

Written answers

As the Deputy is aware, Ireland is currently at Level 5 of Resilience and Recovery 2020-2021 - the Plan for Living with COVID-19. At Level 5, only essential retail outlets and essential services are allowed to open to the public.

The list of essential services that can remain open during Level 5 includes therapy services provided by a member of a designated profession within the meaning of section 3 of the Health and Social Care Professionals Act 2005 (No. 27 of 2005). There are seventeen professions designated under the 2005 Act, which are encompassed in the list of essential services. These are: Dietitians, Dispensing Opticians, Medical Scientists, Occupational Therapists, Optometrists, Physiotherapists (which includes Physical Therapists), Radiographers, Radiation Therapists, Social Workers, Speech and Language Therapists, Clinical Biochemists, Counsellors, Orthoptists, Podiatrists, Psychologists, Psychotherapists and Social Care Workers.

Covid-19 Pandemic

Questions (201)

Neasa Hourigan

Question:

201. Deputy Neasa Hourigan asked the Minister for Health if massage therapists are considered an essential therapy service in relation to level 5 Covid-19 restrictions; and if he will make a statement on the matter. [34180/20]

View answer

Written answers

As the Deputy is aware, Ireland is currently at Level 5 of Resilience and Recovery 2020-2021 - the Plan for Living with COVID-19. At Level 5, only essential retail outlets and essential services are allowed to open to the public.

The list of essential services that can remain open during Level 5 includes therapy services provided by a member of a designated profession within the meaning of section 3 of the Health and Social Care Professionals Act 2005 (No. 27 of 2005). There are seventeen professions designated under the 2005 Act, which are encompassed in the list of essential services. These are: Dietitians, Dispensing Opticians, Medical Scientists, Occupational Therapists, Optometrists, Physiotherapists (which includes Physical Therapists), Radiographers, Radiation Therapists, Social Workers, Speech and Language Therapists, Clinical Biochemists, Counsellors, Orthoptists, Podiatrists, Psychologists, Psychotherapists and Social Care Workers.

Hospital Appointments Status

Questions (202)

Johnny Mythen

Question:

202. Deputy Johnny Mythen asked the Minister for Health when a person (details supplied) will be given a date for a right total hip replacement operation at University Hospital Waterford [34196/20]

View answer

Written answers

It is recognised that waiting times for scheduled appointments and procedures have been impacted as a direct result of the COVID-19 pandemic.

In response to the Covid-19 pandemic the HSE had to take measures to defer most scheduled care activity in March, April, and May of this year. 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 the National Public Health Emergency Team (NPHET) in accordance with the advice of the World Health Organisation.

Patient safety remains at the centre of all hospital activity and elective care scheduling. To ensure services are provided in a safe, clinically-aligned and prioritised way, hospitals are following HSE clinical guidelines and protocols.

The HSE continues to optimise productivity through alternative work practices such the use of alternative settings including private hospitals, community facilities and alternative outpatient settings.

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 Health Service Executive to respond to the Deputy directly, as soon as possible.

Medical Aids and Appliances

Questions (203)

Jackie Cahill

Question:

203. Deputy Jackie Cahill asked the Minister for Health further to Parliamentary Question No. 268 of 14 October 2020, the reason a wheelchair recommended by the Central Remedial Clinic is not on the approved list for purchase by the aids and appliance department and the HSE will not consider same when the said wheelchair is necessary for certain persons living with multiple sclerosis and recommended for them by their medical professionals; and if he will make a statement on the matter. [34197/20]

View answer

Written answers

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

Covid-19 Pandemic

Questions (204)

Brendan Howlin

Question:

204. Deputy Brendan Howlin asked the Minister for Health if private music schools are included in the permissible activities under the Covid-19 regulations to attend a school, higher education institution or other education and training facility; the permissible activities in this regard; and if he will make a statement on the matter. [34215/20]

View answer

Written answers

The Resilience and Recovery 2020-2021: Plan for Living with COVID-19 was published by the Government on 15 September, 2020. Until 1 December, Ireland is at Level 5 of the Plan. Under this level the public health risk means that we are all being asked to stay at home, with certain exceptions. Information on the public health measures in currently in place in relation to the different Levels can be found at www.gov.ie/en/campaigns/resilience-recovery-2020-2021-plan-for-living-with-covid-19/

The Health Act 1947 (Section 31A-Temporary Restrictions) (COVID-19) (No.8) Regulations 2020, which give effect to the level 5 restrictions under the Plan, provide the list of essential retail and essential services which may operate under level 5 restrictions. This list does not include private or commercial music classes.

Education is, however, considered an essential service under the regulations. Under Part 2 of the schedule to the regulations, essential education encompasses primary and post-primary schools, and higher and further education where remote learning is not possible. Where a service provider considers that they fall into the essential education category e.g. as part of the national curriculum or as part of a specific, state-sponsored course of study, they should refer to the Department of Education’s guidance in relation to the operation of education services under Level 5 restrictions: https://www.education.ie/en/covid-19/

Covid-19 Pandemic

Questions (205)

Seán Sherlock

Question:

205. Deputy Sean Sherlock asked the Minister for Health the impacts being assessed for older persons being limited in their movement due to level 5 restrictions; and if he will make a statement on the matter. [34218/20]

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Written answers

The COVID-19 pandemic has led to extraordinary demands on everyone across all age groups and this has to be recognised and acknowledged. The Resilience and Recovery 2020-2021: Plan for Living with COVID-19, sets out Ireland's approach to managing and living with COVID-19 in a range of areas over the next 6 - 9 months. The plan sets out five levels of response, each with several measures designed to help us all lower COVID-19 transmission and setting out what is permitted at that moment in time. It aims to allow society and businesses to be able to operate as normally as possible, while continuing to suppress the virus.

Prevention and suppression of the disease in the community is the critical first step to protecting vulnerable groups but specific measures also need to be in place. Keeping the number of cases of COVID-19 as low as possible in the community provides the greatest protection to those who are most vulnerable from the severest impacts of this disease. As such, preventing people becoming infected is still the most effective tool available to deal with COVID-19.

The Government has already identified the high-risk conditions and places where COVID-19 spreads most easily as well as the groups of people who are most likely to be affected and are most vulnerable to the disease. We continue to ensure implementation of the existing measures and will advance additional measures to prevent spread in these high-risk areas. We are aware that older people, particularly those who are medically compromised or frailer, are at severe risk for poorer outcomes from COVID-19, and that congregated settings such as long-term residential care facilities have been severely impacted.

Earlier this year, the National Public Health Emergency Team (NPHET) recommended the establishment of an Expert Panel on Nursing Homes to examine the complex issues surrounding the management of COVID-19 among this particularly vulnerable cohort. The Report of the COVID-19 Nursing Home Expert Panel includes 86 recommendations in total, over 15 thematic areas, with associated timelines for implementation over the short, medium and long term. I have established an oversight structure to ensure the implementation of the important recommendations contained in this Report. This encompasses the establishment of both an Implementation Oversight Team and a Reference Group. I can advise the Deputy that there is a key focus on the implementation of recommendations that require immediate action to ensure ongoing preparedness as we move into the winter months.

Extensive guidance for medically vulnerable and other vulnerable groups has been produced by the HPSC and can be found at https://www.hpsc.ie/a-z/respiratory/coronavirus/novelcoronavirus/guidance/vulnerablegroupsguidance/

I understand that the HPSC has recently published guidance for Older People and Others at Risk of Severe Disease on Reducing Risk of COVID-19 Infection. It is noted that the guidance should be used in line with the Five Level Framework.

https://www.hpsc.ie/az/respiratory/coronavirus/novelcoronavirus/guidance/vulnerablegroupsguidance/

Guidance%20For%20Older%20People%20and%20Others-Reducing%20COVID-19%20Exposure%20Risk.pdf

Last week, the “Keep Well” campaign was launched, which aims to support people and communities to mind their physical and mental health over the coming months. The “Keep Well” campaign is aimed at showing people of all ages how we can mind our own physical and mental health and wellbeing by adding healthy and helpful habits to our daily and weekly routines. It will provide guidelines, information, and tips on things that will help us keep well through the coming months. The campaign is focussed on five main themes: Keeping active; Staying connected; Switching off and being Creative; Eating Well; and Minding your mood. All of these themes are relevant to older persons, with staying connected with people, addressing isolation, supporting volunteerism and initiatives that support person-to-person connection being particularly important to wellbeing for older persons. Building on the Community Call response earlier in the year, Local Authorities are being supported to provide a local community helpline and befriending service. Working with partner organisations, including An Garda Síochána, NGOs and Volunteer Ireland, there will be a particular emphasis on identifying and supporting those most at risk of isolation.

There are a range of existing services which offer online text and telephone supports to people seeking mental health information and advice. Details of these services are listed on the HSE website, www.yourmentalhealth.ie, and information on available services is also provided through the free mental health telephone information line, 1800 111888. In order to respond to the anticipated additional needs of the population during this crisis, additional online services are being delivered to support the population, including online counselling, expanded crisis textline support and online life skills training, building on existing pilot schemes and developments in digital mental health in recent years.

Finally, I understand that the fieldwork for an interim TILDA (The Irish Longitudinal Study on Ageing) survey has been completed. Part of this data will capture the experience of cocooning during the 1st wave of the pandemic and the analysis will seek to determine the impact of cocooning on a range of health and social outcomes.

Hospital Appointments Status

Questions (206)

Danny Healy-Rae

Question:

206. Deputy Danny Healy-Rae asked the Minister for Health if he will address a matter (details supplied) regarding appointments at University Hospital Kerry; and if he will make a statement on the matter. [34224/20]

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Written answers

In response to the Covid-19 pandemic the HSE had to take measures to defer most routine scheduled care activity in March, April, and May of this year. 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 the National Public Health Emergency Team (NPHET) in accordance with the advice of the World Health Organisation.

Since early June 2020 University Hospital Kerry (UHK), in line with other hospitals throughout the system, have gradually re-commenced services. Patient safety remains at the forefront of service resumption. To ensure services are re-introduced in a safe, clinically-aligned and prioritised way, hospitals, including UHK, are following HSE clinical guidelines and protocols which has resulted in reduced capacity and activity.

The South/South West Hospital Group has advised my Department that UHK is currently not providing an Elective Orthopaedic service, however, patients requiring joint replacements are being referred to the Bon Secours Hospital Tralee for treatment and 96 patients have been referred under the National Treatment Purchase Fund (NTPF) to date. UHK are also in the process of drafting a plan to resume elective orthopaedic surgery.

The HSE have further advised that Orthopaedic Trauma/Emergency services in UHK have resumed in full. Plans are being put in place to send referrals from the UHK Orthopaedic Outpatient waiting list to the Bon Secours Hospital Tralee under the National Treatment Purchase Fund (NTPF).

Covid-19 Pandemic

Questions (207)

Michael McNamara

Question:

207. Deputy Michael McNamara asked the Minister for Health if persons can exercise by hunting within 5km of their homes under SI No. 448 of 2020 Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 8) Regulations 2020 given that the pheasant hunting season opened on 1 November 2020; and if he will make a statement on the matter. [34226/20]

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Written answers

As you will be aware, the country has moved to level 5 of the Government’s medium-term strategy for dealing with COVID-19: Resilience and Recovery 2020-2021: Plan for Living with COVID-19.

This Plan sets out a Framework of 5 Levels which outline the broad measures which will apply depending on the level of the virus at any given time. The Plan is designed to help everyone – individuals, families, organisations and sectors – to better understand, anticipate and prepare for the measures that might be introduced to contain transmission of the virus.

As I'm sure you can appreciate, COVID-19 spreads when individuals and groups come into close contact with one another, enabling the virus to move from one person to another. COVID-19 is infectious in a person with no symptoms, or for the period of time before they develop symptoms. The number of people allowed to gather in different scenarios in the Government's Framework are based on a review of international practice and the judgment of public health experts. It seeks to balance the risks of different types of gatherings against the desire to allow normal activities to proceed in so far as possible.

At level 5 of the Plan, people are asked to stay at home, with certain exceptions, and must exercise within 5km of home. No matches or other sporting events may be held with the exception of professional elite sports and senior inter-county gaelic games and horse and greyhound racing, which may continue behind closed doors. All other training activities should be individual only. It is possible to meet with 1 other household in an outdoor setting which is not a home or garden, such as a park, including for the purpose of exercise. It is appreciated that these measures are difficult, but they have been put in place to protect public health.

You may wish to note that recreational hunting is not among the exemptions provided for under the current regulations - the Health Act 1947 (Section 31A - Temporary Restrictions) (COVID-19) (No. 8) Regulations 2020)(S.I. No. 448 of 2020).

It is also important to note that individuals who have hunting licences or other licences issued by the National Parks and Wildlife Service under the Wildlife Acts, must adhere to all public health guidelines at level 5. Further information on this and hunting at level 5 is available from the National Parks and Wildlife Service at the following link: https://www.npws.ie/news/hunting-under-covid-19-level-5

The Government's guidelines for exercise and sporting events at all levels of the Plan are available at: https://www.gov.ie/en/campaigns/resilience-recovery-2020-2021-plan-for-living-with-covid-19/. Level 5 guidance from Sport Ireland is available at: https://www.sportireland.ie/news/return-to-sport-expert-group-issues-guidance-to-sports-sector .

Current regulations and other Statutory Instruments related to the Covid-19 pandemic are available here: https://www.gov.ie/en/collection/1f150-view-statutory-instruments-related-to-the-covid-19-pandemic/

Prescriptions Charges

Questions (208)

Martin Browne

Question:

208. Deputy Martin Browne asked the Minister for Health his plans to reduce the prescription charge as announced in 2019. [34236/20]

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Written answers

Budget 2020 provided for a €0.50c reduction in prescription charges for all medical card holders. The charge will be reduced by €0.50c to €1 per item for the over 70s and by €0.50c to €1.50 for persons under 70. The maximum monthly charge would also be reduced to €10 and €15 respectively.

I am pleased to inform the Deputy that these reductions took effect from 1 November 2020.

Disability Services Data

Questions (209)

Michael Moynihan

Question:

209. Deputy Michael Moynihan asked the Minister for Health the number of persons with disabilities in receipt of home support hours in each LHO area as of 31 October 2020 or the latest date available; the number on the waiting list for same in each LHO area; and the number waiting zero to three, three to six, six to 12 and more than 12 months, respectively in tabular form. [34243/20]

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Written answers

Assisted living services including Home support and Personal Assistant (PA) services are funded by the Department of Health to support individuals to maximise their capacity to live full and independent lives.

Home support and PA Services are provided either directly by the HSE or through a range of voluntary service providers. The majority of specialised disability provision (80%) is delivered through non-statutory sector service providers.

Services are accessed through an application process or through referrals from public health nurses or other community based staff. Individuals’ needs are evaluated against the criteria for prioritisation for the particular services and then decisions are made in relation to the allocation of resources. Resource allocation is determined by the needs of the individual, compliance with prioritisation criteria, and the level of resources available. As with every service there is not a limitless resource available for the provision of home support services and while the resources available are substantial they are finite. In this context, services are discretionary and the number of hours granted is determined by other support services already provided to the person/family.

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

Disability Services Data

Questions (210)

Michael Moynihan

Question:

210. Deputy Michael Moynihan asked the Minister for Health the number of persons with disabilities in receipt of personal assistance hours in each LHO area as of 31 October 2020 or latest date available; the number on the waiting list for same in each LHO area; and the number waiting zero to three, three to six, six to 12 and more than 12 months, respectively in tabular form. [34244/20]

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Written answers

Assisted living services including Personal Assistant (PA) services are funded by the Department of Health to support individuals to maximise their capacity to live full and independent lives.

PA Services are provided either directly by the HSE or through a range of voluntary service providers. The majority of specialised disability provision (80%) is delivered through non-statutory sector service providers.

Services are accessed through an application process or through referrals from public health nurses or other community based staff. Individuals’ needs are evaluated against the criteria for prioritisation for the particular services and then decisions are made in relation to the allocation of resources. Resource allocation is determined by the needs of the individual, compliance with prioritisation criteria, and the level of resources available. As with every service there is not a limitless resource available for the provision of home support services and while the resources available are substantial they are finite. In this context, services are discretionary and the number of hours granted is determined by other support services already provided to the person/family.

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

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