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Wednesday, 11 Nov 2020

Written Answers Nos. 189-208

Leave to Remain

Questions (189)

Pa Daly

Question:

189. Deputy Pa Daly asked the Minister for Justice the monthly number of applications, approvals and refusals for permission to remain since the commencement of the International Protection Act 2015 in tabular form; and if she will make a statement on the matter. [35649/20]

View answer

Written answers

Since the International Protection Act 2015 (the 2015 Act) commenced on 31 December 2016, the International Protection Office has carried out the function of considering Permission to Remain (under section 49 of the 2015 Act), in respect of those applicants who have been refused international protection at first instance.

Table 1 provides the applications made for the years 2017-2019 and to end September 2020 as well as those cases that were on hand in the former Office of the Refugee Applications Commissioner at the commencement date and which were transitioned to the new body for processing. The figures provided are those available as of 10 November 2020.

Table 1: Applications for International Protection

Applications for international protection

Month Application

Transition cases pre-

2017

2017

2018

2019

2020

Jan

246

162

312

411

306

Feb

247

221

288

344

246

Mar

226

214

375

368

177

Apr

266

171

221

344

30

May

245

294

219

385

16

Jun

321

212

234

383

41

Jul

318

179

301

445

107

Aug

416

217

327

414

118

Sep

450

334

365

668

173

Oct

379

311

377

436

Nov

543

297

309

289

Dec

605

308

346

294

Grand Total

4262

2920

3674

4781

1214

Table 2 – Decisions to grant permission to remain at first instance for the years 2017-2019 and to end September 2020

Grants

Year Decision

Month Decision

2017

2018

2019

2020 (up to 30.09.2020)

Jan

20

8

15

Feb

25

3

16

Mar

13

30

11

Apr

14

35

May

16

53

Jun

1

4

31

Jul

3

20

35

29

Aug

4

22

19

28

Sep

4

10

13

35

Oct

12

20

15

Nov

34

20

8

Dec

8

14

16

Grand Total

66

198

266

134

Table 3 – Decisions to refuse permission to remain at first instance for the years 2017-2019 and to end September 2020

Refusals

Year Decision

Month Decision

2017

2018

2019

2020 (up to 30.09.2020)

Jan

117

109

229

Feb

130

21

242

Mar

144

164

147

Apr

2

170

194

May

46

216

218

Jun

60

154

201

18

Jul

95

137

225

204

Aug

120

147

175

189

Sep

143

132

198

144

Oct

135

161

199

Nov

146

190

231

Dec

84

129

147

Grand Total

831

1827

2082

1173

Table 4: Decisions to grant permission to remain following a review for the years 2017-2019 and to end September 2020

PTR Review Grants 2017 to 30.09.2020*

Year Decision

Month Decision

2018

2019

2020 (up to 30.09.2020)

Jan

2

14

Feb

14

24

Mar

13

10

Apr

1

16

May

6

Jun

28

Jul

38

1

Aug

14

27

Sep

9

30

Oct

19

6

Nov

9

4

Dec

20

Grand Total

29

170

106

Table 5: Decisions to refuse permission to remain following a review for the years 2017-2019 and to end September 2020

PTR Review Refusals 2017 to 30.09.2020*

Year Decision

Month Decision

2018

2019

2020 (up to 30.09.2020)

Jan

7

86

Feb

65

55

Mar

2

37

Apr

4

16

May

38

8

Jun

16

75

Jul

26

55

Aug

50

97

Sep

15

44

37

Oct

53

61

Nov

37

43

Dec

59

60

Grand Total

298

533

215

Garda Investigations

Questions (190)

Michael McNamara

Question:

190. Deputy Michael McNamara asked the Minister for Justice if her Department has received a report of the inquiry into the adequacy of the Garda Síochána investigations and disciplinary inquiries that took place between 1984 and 1986 following the death of Patrick Nugent (details supplied); and if she will make a statement on the matter. [35660/20]

View answer

Written answers

The Deputy will be aware that an inquiry under Section 42 of the Garda Síochána Act 2005 was carried out by former Judge Patrick Clyne into the Garda Síochána investigation following the death of Mr Patrick Nugent in 1984.

Judge Clyne completed his inquiry on 31st October 2020. My Department received Judge Clyne’s report on 3rd November 2020 and it has recently been brought to my attention. I am currently considering the report and will be seeking the advice of the Attorney General on its contents.

I have written to the Nugent family to inform them of this progress.

Question No. 191 withdrawn.

Departmental Properties

Questions (192)

Matt Carthy

Question:

192. Deputy Matt Carthy asked the Minister for Justice if her Department or bodies under the aegis of her Department rent office space from a company (details supplied) or an Irish subsidiary; the number of employees who work out of such office space; the length of time they have been working from the offices; the cost to date of renting such offices; the tender process by which it was decided to make use of the services of the company; and if she will make a statement on the matter. [35718/20]

View answer

Written answers

The majority of properties occupied by my Department are owned or leased on its behalf by the Office of Public Works (OPW). Any short term accommodation type leased by my Department and it’s agencies directly is for private office space only.

Having sought confirmation from agencies under the remit of my Department, I can confirm that neither the Department nor it's agencies have rented office space from WeWork Companies LLC or an Irish subsidiary of theirs.

I have also referred the Deputy's question to the office of the Garda Commissioner and I will issue their response to the Deputy in line with Standing Orders.

Question No. 193 answered with Question No. 186.

Oireachtas Joint Committee Reports

Questions (194)

Verona Murphy

Question:

194. Deputy Verona Murphy asked the Minister for Justice when the recommendations of the report of the Oireachtas Joint Committee on Justice and Equality on the reform of the family law system, published on 25 October 2019, will be considered and implemented; and if she will make a statement on the matter. [35736/20]

View answer

Written answers

A Family Justice Oversight Group has recently been established in my Department which, in addition to department officials, also includes representation from the judiciary, the Courts Service, the Legal Aid Board and the Department of Children, Equality, Disability, Integration and Youth. The Group held its first meeting in September and has been tasked with agreeing a high-level vision and key medium and longer-term objectives for the development of a national family justice system having regard to international best practice, in parallel with the establishment of the dedicated Family Court structure as envisaged by the forthcoming Family Court Bill.

A work plan is currently being developed by the group and I understand that one of the tasks to be undertaken is consideration of the various recommendations contained in the Joint Committee on Justice and Equality Report on Reform of the Family Law System.

The Programme for Government contains a commitment to enact a Family Court Bill to create a new dedicated Family Court within the existing court structure and provide for court procedures that support a less adversarial resolution of disputes.

In September, the Government approved the drafting of a Family Court Bill to provide for the establishment of a District Family Court, a Circuit Family Court and a Family High Court as divisions within the existing court structures.

In the preparation of the General Scheme, account has been taken of the Report of the Joint Oireachtas Committee on Justice and Equality on the Reform of the Family Law System, published in October 2019.

The publication of the General Scheme is a first step in an ongoing process of improving how people are able to resolve family-based problems that require a legal solution. The overall aim is to change the culture so that the focus of the family justice system meets the complex needs of people who need help with family justice issues.

The General Scheme of the Family Court Bill has been referred to the Office of the Parliamentary Counsel for drafting and to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny. It is not possible at this stage to indicate when the Bill is likely to be published or to predict the timeframe for the legislative process with regard to the Bill after its publication.

Legislative Measures

Questions (195)

Jim O'Callaghan

Question:

195. Deputy Jim O'Callaghan asked the Minister for Justice the consideration being given to the introduction of laws on parental alienation; if the recommendations of the Oireachtas Joint Committee on Justice and Equality report on family law will be fully implemented. [35739/20]

View answer

Written answers

As the Deputy may be aware, there is no specific legislative provision regarding parental alienation in Irish family law. Section 246 of the Children Act 2001 provides for an offence of frightening, bullying or threatening a child in a manner likely to cause unnecessary suffering or injury to the child's physical, mental or emotional health or wellbeing. There are also legislative provisions in place to deal with child welfare particularly regarding the relationship between a child and his/her parents or guardians, providing the framework for a legal response to a wide spectrum of child welfare issues. However, I am very much aware that parental alienation is a complex issue and that further analysis may be desirable.

The Oireachtas Joint Committee on Justice and Equality published a report last year on Reform of the Family Law System which includes parental alienation among a broad range of issues in the area of family law.

My department has recently established the Family Justice Oversight Group which will agree a high-level vision and key medium and longer-term objectives for the development of a national family justice system in parallel with the establishment of a dedicated Family Court structure as envisaged by the forthcoming Family Court Bill. As part of its work, the oversight group will consider the various recommendations, including the recommendation on parent alienation, contained in the Report of the Joint Committee.

The oversight group includes representation from the judiciary, the Courts Service, the Legal Aid Board and the Department of Children, Equality, Disability, Integration and Youth as well as officials from my Department.

The Programme for Government contains a commitment to enact a Family Court Bill. In the preparation of the General Scheme of that Bill, account has been taken of the Report of the Joint Oireachtas Committee on Justice and Equality on the Reform of the Family Law System.

The Family Court Bill will be a key element of the development of a more efficient and user-friendly family court system that puts families at the centre of its activities, provides access to specialist supports and encourages the use of alternative dispute resolution in family law proceedings. The development of sensible, comprehensive and sensitive family law procedures, particularly for vulnerable families, will be central to the new system.

Food Safety Authority of Ireland

Questions (196)

Matt Carthy

Question:

196. Deputy Matt Carthy asked the Minister for Health the locations of all offices rented by the Food Safety Authority of Ireland; the amount spent renting each location; the number of employees in each office in each of the years 2016 to 2019 and to date in 2020; and if he will make a statement on the matter. [35513/20]

View answer

Written answers

As this is an operational matter, I have asked the Food Safety Authority of Ireland to respond to the Deputy directly, as soon as possible.

Covid-19 Pandemic

Questions (197)

Mary Lou McDonald

Question:

197. Deputy Mary Lou McDonald asked the Minister for Health the reason behind the decision made regarding the operation of acupuncture services under level 5 restrictions; if he will engage with an organisation (details supplied) to discuss its concerns about these matters; and if he will make a statement on the matter. [35542/20]

View answer

Written answers

As the Deputy is aware, the situation regarding COVID-19 has been, and continues to be, an evolving situation. COVID-19 is still having a major impact both here in Ireland and elsewhere.

On Tuesday 15 September the Government published ‘Resilience and Recovery 2020-2021: Plan for Living with COVID-19’. This Plan outlines our medium-term strategy for COVID-19 and 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. It will be possible for different regions and counties to be at different levels, depending on prevailing epidemiological situation. The Plan is designed to help everyone – individuals, organisations and sectors – to better understand, anticipate and prepare for the measures that might be introduced to contain transmission of the virus. The intention is that Departments and sectors will provide guidance for specific sectors and activities in line with the 5 level framework.

At Level 5 of the Plan, 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.

The public health advice relating to Covid-19 is kept under continuing review by the National Public Health Emergency Team (NPHET), and it provides advice to Government in line with the current epidemiological position. The latest public health advice on these matters is available at the links below and is updated on a regular basis:

https://www.gov.ie/en/organisation/department-of-health/

https://www2.hse.ie/coronavirus/

https://www.gov.ie/en/

Covid-19 Pandemic

Questions (198, 235)

Emer Higgins

Question:

198. Deputy Emer Higgins asked the Minister for Health if an association (details supplied) will be considered as an essential service; and if he will make a statement on the matter. [35913/20]

View answer

Catherine Murphy

Question:

235. Deputy Catherine Murphy asked the Minister for Health if massage treatments can continue during level 5 restrictions; and if not, the rationale for the restriction on these services. [35726/20]

View answer

Written answers

I propose to take Questions Nos. 198 and 235 together.

Firstly, I would like to assure the Deputies that the Government is committed to ensuring a balanced and proportionate response to COVID-19 by finding ways to implement public health measures in response to the pandemic in a way that is fair, reasonable and proportionate.

As the Deputies will be aware, in response to the rapidly deteriorating epidemiological situation across the country, Ireland has moved to level 5 of the Government’s medium-term strategy for dealing with COVID-19.

This 5 level Framework reflects a careful consideration of the impact of the introduction of restrictions on employment and livelihoods, keeping as many businesses open as possible at different stages, while acknowledging that some businesses and services are critical.

Any measures introduced at any level of the Plan are aimed at limiting the spread and damage of COVID-19, and are necessary to protect our key priorities of supporting and maintaining health and social care services, keeping education and childcare services open and protecting the most vulnerable members of our communities.

As I'm sure the Deputies 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, unfortunately, this means closing many businesses and amenities to reduce the person-to-person contacts which allow the virus to spread. At Level 5 essential retail and essential services will remain open. Further information on essential retail and essential services at Level 5 can be found at: https://www.gov.ie/en/publication/2dc71-level-5/#retail-and-services-for-example-hairdressers-beauticians-barbers

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.

The public health advice relating to Covid-19 is kept under continuing review by the National Public Health Emergency Team (NPHET), and it provides advice to Government in line with the current epidemiological position. The latest public health advice on these matters is available at the links below and is updated on a regular basis:

https://www.gov.ie/en/organisation/department-of-health/

https://www2.hse.ie/coronavirus/

Cancer Services

Questions (199, 200)

Peadar Tóibín

Question:

199. Deputy Peadar Tóibín asked the Minister for Health the number of women currently involved in court cases, litigation and negotiation with the HSE regarding the alleged misreading of their smear tests by the HSE's CervicalCheck. [35462/20]

View answer

Peadar Tóibín

Question:

200. Deputy Peadar Tóibín asked the Minister for Health the number of women who took legal proceedings against the HSE regarding the alleged misreading of their smear tests by the HSE's CervicalCheck since 2018. [35461/20]

View answer

Written answers

I propose to take Questions Nos. 199 and 200 together.

The State Claims Agency (SCA) has a statutory remit to manage personal injury claims on behalf of Delegated State Authorities including the Health Service Executive. I have been informed by the SCA that the information contained within this document was extracted from the National Incident Management System (NIMS) and is correct as at 10/11/2020.

164 legal proceedings have been issued to date (of which 160 were received since 01/01/2018) relating to the Cervical Check issue. 139 relate to the alleged misreading of a smear of a service user. The remaining 25 claims are from family members/dependents alleging psychological injuries. There are 142 claims in the claim litigation stage having not yet been concluded relating to the Cervical Check issue. 117 relate to the alleged misreading of a smear of a service user. The remaining 25 claims are from family members/dependents alleging psychological injuries.

Primary Care Centres

Questions (201)

Rose Conway-Walsh

Question:

201. Deputy Rose Conway-Walsh asked the Minister for Health the status of the planned primary care centre, Bangor Erris, County Mayo; and if he will make a statement on the matter. [35464/20]

View answer

Written answers

As the HSE has responsibility for the provision, along with the maintenance and operation of Primary Care Centres and other Primary Care facilities, the Executive has been asked to reply directly to the Deputy.

Covid-19 Pandemic

Questions (202)

Peadar Tóibín

Question:

202. Deputy Peadar Tóibín asked the Minister for Health further to Parliamentary Question Nos. 894 and 895 of 29 September 2020, regarding an increase in suicide and mental health issues during the Covid-19 pandemic, if the correspondence will be provided to this Deputy. [35465/20]

View answer

Written answers

The reply to Parliamentary Question No. 895 mentioned that concern has been expressed, including in correspondence to me, that there has been, and is likely to continue to be, an increase in mental health issues arising from the Covid-19 pandemic, including in suicide, suicidal ideation and self-harm.

The Deputy will appreciate, in current circumstances, that it may take some time to review such correspondence. I have instructed my officials to carry out this work, in compliance with data protection requirements. and to forward all relevant documents to the Deputy.

There are anecdotal reports of increased acute hospital admissions from suicide attempts, compared to the same period in 2019. While initial data does not support these claims, the Department and HSE continue to monitor the situation.

At present, we do not yet fully understand the impact of Covid-19 on mental health, the extent of subsequent supports that may be required and how this will affect longer term demand for services. However, already this year we have allocated €2.2 million for additional psychological supports and the Department is working closely with the HSE, monitoring demand and providing additional supports where required.

Vaccination Programme

Questions (203)

David Cullinane

Question:

203. Deputy David Cullinane asked the Minister for Health the number of influenza vaccines by type ordered in 2019; the number administered in 2019; the stock unused in 2019; the estimates for 2020 in this regard; and if he will make a statement on the matter. [35470/20]

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.

Dental Services

Questions (204)

Michael Ring

Question:

204. Deputy Michael Ring asked the Minister for Health the actions that will be taken to decrease waiting times for a service (details supplied) in County Mayo. [35472/20]

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.

Vaccination Programme

Questions (205)

Jennifer Whitmore

Question:

205. Deputy Jennifer Whitmore asked the Minister for Health the quantity of the LAIV flu vaccine for winter 2020-21 distributed to date; the current uptake of the vaccine by county; when general practitioners commenced giving the winter flu vaccine to patients; the length of time the vaccine will be made available for free; and if he will make a statement on the matter. [35477/20]

View answer

Written answers

The Government has expanded the provision of seasonal influenza vaccination without charge to all of those in the HSE-defined at-risk groups and to all children aged from 2 to 12 years. Vaccines are being administered via GPs and pharmacists, as in previous years.

This season, 1.95 million doses of influenza vaccine have been purchased, which is double the amount administered last season. The HSE has procured 1.35 million doses of the Quadrivalent Influenza Vaccine (QIV) for the forthcoming winter. This vaccine is being made available to all persons in an at-risk group and aged from 6 months up. In addition, the HSE has purchased 600,000 doses of the Live Attenuated Influenza Vaccine (LAIV), which is delivered via nasal drops rather than by injection and is being made available to all children aged from 2 to 12 years old inclusive.

This expanded programme will ensure that those most vulnerable to the effects of influenza will have access without charges. This is in line with the advice of the National Immunisation Advisory Committee and represents a significant step forward in providing vaccination without charges.

Following an initial delay in delivery from the manufacturer of QIV, the vaccine for those in at-risk groups, the first round of distribution to all sites (GPs, pharmacies, nursing homes etc.) started on 17 September. By 11 November, when the fourth round of deliveries will be completed, 1.3 million doses of the injected vaccine have been distributed to GPs, pharmacists, and healthcare settings.

The new nasal (LAIV) influenza vaccine programme for children is well underway across the country, with all sites having received their first delivery by 09 October. A high uptake of the vaccine in children has been shown to reduce the spread of influenza in the community. The full quantity of LAIV ordered has been received and as of 06 November 420,000 doses of LAIV have been distributed, with the remainder being distributed to GPs and pharmacists as required. A breakdown of vaccination uptake by county is not currently available.

It is not possible at this time to provide information on the composition of the influenza vaccination programme for future winter seasons.

Animal Culls

Questions (206)

Matt Carthy

Question:

206. Deputy Matt Carthy asked the Minister for Health if he has been apprised of a mink cull in Denmark linked to a mutated strain of Covid-19 that has apparently been shown to be transmissible to humans; the actions he will take in respect of same; and if he will make a statement on the matter. [35539/20]

View answer

Written answers

Officials from the Department of Health, the HPSC, the National Virus Reference Laboratory (NVRL) and the Department of Agriculture, Food and the Marine have met to discuss transmission of SARS-CoV-2 virus in mink in Denmark and identification of the transmission of the virus occurring from humans to mink and vice-versa.

The HPSC and the NVRL have confirmed that this particular mutation of the virus has not, to date, been identified in Ireland. There are 3 active mink farms currently in operation in Ireland and no mink have been imported in to Ireland in 2020 to date.

The Department of Agriculture, Food and the Marine will test for the SARS-CoV-2 virus in each of the three farms to see if the virus is present in Irish mink farms and will continue its surveillance for the virus in mink on Irish mink farms. The HSE will also conduct serial testing of the mink farm workers and their household contacts.

Passengers arriving into Ireland from Denmark have been asked to self-isolate for 14 days after their arrival, including those travelling for an essential purpose as defined by Council Recommendation 2020/1475.

Covid-19 Pandemic

Questions (207)

Jackie Cahill

Question:

207. Deputy Jackie Cahill asked the Minister for Health further to Parliamentary Question No. 1163 of 3 October 2020, if he will allow dance schools to be treated the same as sports clubs and gymnastics classes for the purposes of Covid-19 restrictions; if he will allow dance schools to operate under level 3 and 4 Covid-19 restrictions rather than arbitrarily treating dance schools differently from other exercise activities; and if he will make a statement on the matter. [35540/20]

View answer

Written answers

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. For this reason, we are all asked to be extra careful when socialising and working with others. For now, we must act like we have the virus to protect those around us from infection.

As you are aware, the Government's medium-term strategy, 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 number of people allowed to gather in different scenarios in this 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. 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 under the Framework dance and gymnastic classes are regarded as exercise and sporting events and where possible under levels 3 and 4 such classes can be held online.

Under Levels 3, 4 and 5 indoor training is only permitted on an individual basis, therefore exercise and sporting events, including classes, cannot take place.

Under Level 2 restrictions, indoor training and exercise can take place in pods of up to 6 people, once sufficient space is available and strict public health protocols are in place. Under Level 1 of the Framework, there is no specific capacity limit, with capacity guided by what can be accommodated safely in the venue while ensuring all protective measures are in place, including social distancing.

Information on the public health measures currently in place, including for exercise and sporting events, 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/.

Hospital Appointments Status

Questions (208)

Aengus Ó Snodaigh

Question:

208. Deputy Aengus Ó Snodaigh asked the Minister for Health when a child (details supplied) will be assessed. [35541/20]

View answer

Written answers

The Programme for Government, Our Shared Future, recognises the need to improve services for both children and adults with disabilities through better implementation and by working together across Government in a better way.

The Government commits to prioritising early diagnosis and access to services for children and ensuring that the most effective interventions are provided for each child, to guarantee the best outcomes.

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

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