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Wednesday, 2 Dec 2020

Written Answers Nos. 119-139

Covid-19 Pandemic Supports

Questions (119)

Matt Carthy

Question:

119. Deputy Matt Carthy asked the Minister for Further and Higher Education, Research, Innovation and Science if he will consider allowing students of Teagasc agricultural colleges to access student supports such as the student hardship fund and the once-off Covid-19 payment scheme. [40702/20]

View answer

Written answers

Requests for funding for Teagasc students is a matter for the Department of Agriculture, Food and Rural Development.

I have been in contact with my colleague the Minister for Agriculture on this matter and I will refer your query to him for direct response.

Student Grant Scheme

Questions (120)

Brendan Griffin

Question:

120. Deputy Brendan Griffin asked the Minister for Further and Higher Education, Research, Innovation and Science if an application for support by a student (details supplied) to complete a course will be reviewed; the reason the full-time course is not recognised for support under the student grant scheme; and if he will make a statement on the matter. [40744/20]

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Written answers

The Student Grant Scheme, administered by Student Universal Support Ireland (SUSI), provides grant assistance to students attending an approved course in an approved institution who meet the prescribed conditions of funding, including those relating to nationality, residency, previous academic attainment and means.

An approved course for grant support must lead to a major award between Level 5 and Level 10 on the National Framework of Qualifications, as per Regulation 4(a)(iv), (b) and (d) of the Student Support Regulations 2020 and Section 8 of the Student Support Act 2011. Under section 8(1)(c) of the Act — students must be attending full-time courses, known as post-leaving certificate courses and on the successful completion of which, a student is awarded a major education and training award which is a recognised qualification that is not at a lower level than Level 5 in the framework of qualifications,

Courses leading to a special purpose/minor award rather than a major award are not approved for the purposes of the Student Grant Scheme.

With regard to this specific application, I been advised by my officials that the student that you refer to is attending a course who on completion will be awarded a minor award therefore, is not eligible for grant funding.

Deportation Orders

Questions (121, 122, 125)

Catherine Connolly

Question:

121. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 180 of 25 November 2020, the number of deportation orders issued by month from 1 March to date in 2020 including the list of countries they refer to; and if she will make a statement on the matter. [40518/20]

View answer

Catherine Connolly

Question:

122. Deputy Catherine Connolly asked the Minister for Justice the number of deportation orders issued by month in 2019 including the countries they refer to; the number of deportation orders issued in January and February 2020 respectively including the countries they refer to; and if she will make a statement on the matter. [40519/20]

View answer

Catherine Connolly

Question:

125. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 180 of 25 November 2020, of the 469 deportation orders issued since the outbreak of Covid-19 in March 2020, the number effected; and if she will make a statement on the matter. [40561/20]

View answer

Written answers

I propose to take Questions Nos. 121, 122 and 125 together.

Of the 469 Deportation Orders issued since the outbreak of COVID-19 in March 2020, there has only been one case where the person was deported from the State. Three further deportations have been enforced since March 2020. However, in each of these three cases, the deportation order issued prior to March 2020.

The enforcement of Deportation Orders is an operational matter for the Garda National Immigration Bureau (GNIB). However, I can assure the Deputy that both my own Department and the GNIB are taking a pragmatic approach in relation to the enforcement of Deportation Orders during the current COVID-19 pandemic. This is evidenced by the low number of deportations actually carried out during this time.

A detailed consideration of all aspects of a person's case will have been carried out before a decision is made to grant permission to remain in the State or to make a Deportation Order. This includes a full consideration of their private and family rights in accordance with the European Convention on Human Rights as well as consideration of their work situation, among other issues. If a Deportation Order is subsequently made, Section 3 (11) of the Immigration Act 1999 (as amended) allows an Order to be amended or revoked by making a request to me as Minister for Justice. I encourage people to be as detailed as possible in their representations to me and my Department so that we can make fully informed decisions at the appropriate time.

Deportation Orders

Legal Services Regulation

Questions (123)

Alan Dillon

Question:

123. Deputy Alan Dillon asked the Minister for Justice if her Department has legislative plans to remove the Edward's principle, which allows a party causing a nuisance to refuse compensation to the suffering part due to the land outside their railings, trestles; and if she will make a statement on the matter. [40545/20]

View answer

Written answers

It is not clear from the Deputy's question what piece of legislation he is referring to or where responsibility for this matter may ultimately rest. My officials will contact the Deputy directly to find out more information and to see if my Department can be of further assistance.

Deportation Orders

Questions (124)

Catherine Connolly

Question:

124. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 180 of 25 November 2020, the number of the 469 deportation orders issued by the immigration service of her Department since the outbreak of Covid-19 in March 2020 that were revoked pursuant to section 3(11) of the Immigration Act 1999 (as amended); the number of deportation orders amended pursuant to section 3(11) of the Immigration Act 1999; the details of amendments made; the monthly breakdown of the number of deportation orders amended or revoked pursuant to section 3(11) of the Immigration Act 1999 during this period; and if she will make a statement on the matter. [40550/20]

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Written answers

A detailed consideration of all aspects of a person's case will have been carried out before a decision is made to grant permission to remain in the State or to make a Deportation Order. This includes a full consideration of their private and family rights in accordance with the European Convention on Human Rights as well as consideration of their work situation, among other issues.

If a Deportation Order is subsequently made, Section 3 (11) of the Immigration Act 1999 (as amended) allows an Order to be amended or revoked by making a request to me as Minister for Justice. I encourage people to be as detailed as possible in their representations to me and my Department so that we can make fully informed decisions at the appropriate time.

Of the 469 deportation orders issued by my Department during the period since March 2020, 23 of those orders have since been revoked under the procedure I have outlined.

None of those 469 orders have subsequently been amended. It is quite rare for a deportation order to be amended. Where this happens, it is most likely to arise where an additional iteration of the person’s identity comes to light after the order has been made and the relevant order is then amended to incorporate the additional detail.

It should be noted that of the 469 Deportation Orders issued since the outbreak of COVID-19 in March 2020, there has only been one case where the person was deported from the State. Three further deportations have been enforced since March 2020. However, in each of these three cases, the deportation order issued prior to March 2020.

Every decision to make, amend or to revoke a deportation order is taken at the highest levels of the Immigration Service of my Department. The Deputy can be assured that where any such decision is made, it is made following a comprehensive examination of the individual circumstances involved.

The overall numbers of deportation orders revoked and amended during the same period is set out in the table below. These figures will predominantly refer to deportation orders that were issued prior to March 2020.

Month (all in 2020)

March

April

May

June

July

August

September

October

November

Orders revoked

52

0

0

12

36

19

3

40

60

Orders amended

0

0

0

0

0

0

0

2

0

The two deportation orders amended in that period were for the reasons outlined above.

Immigration Status

Questions (126)

Bernard Durkan

Question:

126. Deputy Bernard J. Durkan asked the Minister for Justice the progress in the determination of an application for leave to remain in the case of a person (details supplied); and if she will make a statement on the matter. [40620/20]

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Written answers

As a person who was accepted as being a family member of an EU citizen who was exercising EU Treaty Rights in the State, the immigration case of the person concerned falls within the parameters of the European Court of Justice Ruling in the Chenchooliah case. In light of that situation, the notification issued to the person concerned by letter dated 20 November 2018, has recently been withdrawn.

Their case is under active consideration by the Immigration Service of my Department and they can expect to hear from them within the coming weeks.

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.

Immigration Status

Questions (127)

Bernard Durkan

Question:

127. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for leave to remain in the case of a person (details supplied); and if she will make a statement on the matter. [40626/20]

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Written answers

The immigration case of the person concerned was finalised on 29 October 2019. Leave to remain in the State was refused and a Deportation Order was made. That Order was served on the person concerned by registered post dated 10 January 2020, which was sent to their last notified address. This communication was copied to their legal representative on the same date.

This Deportation Order remains valid and in place and, as such, the person concerned remains legally obliged to comply with any reporting requirements placed on them by the Garda National Immigration Bureau (GNIB). The enforcement of a Deportation Order is an operational matter for GNIB.

It is open to any person subject of a Deportation Order to make a request, under section 3(11) of the Immigration Act 1999 (as amended), to have that Order revoked. Any such request would, however, need to be founded on some material change in the person’s circumstances which has arisen since the original decision to deport was made. Where such a request is made, the outcome of that request will be that the existing deportation order will either be 'affirmed' or 'revoked'.

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.

Visa Applications

Questions (128)

Bernard Durkan

Question:

128. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of the join family visa applications in the case of a person (details supplied); when the applications will be concluded; and if she will make a statement on the matter. [40632/20]

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Written answers

A decision on the applications from the persons referred to by the Deputy for Long Stay Join Family (non-EEA national sponsor) visas is due to issue within the next two weeks.

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.

Judicial Appointments

Questions (129)

Alan Farrell

Question:

129. Deputy Alan Farrell asked the Minister for Justice the number of judicial vacancies at present; and if she will make a statement on the matter. [40666/20]

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Written answers

There are three judicial vacancies in our national courts at present: 1 Supreme Court, 1 Circuit Court and 1 District Court.

As I outlined to the House last week, it has been the practice to maintain a vacancy in the Supreme Court due to the reduction achieved in waiting times in that court in recent years. However, this arrangement is kept under review, having regard to emerging pressures, planned retirements, etc.

The vacancies in the Circuit and District Courts will be filled as soon as possible. The Government is committed to ensuring adequate resources for the Courts to provide access to justice for all citizens and to filling judicial vacancies at the earliest opportunity generally.

Judicial appointments are made in accordance with Articles 13.9 and 35.1 of the Constitution, by the President acting on the advice of the Government. As with all judicial vacancies, a request is made to the Judicial Appointments Advisory Board (JAAB) for a list of suitable candidates for appointment and the names of all those who applied. The JAAB recommendations, along with any expressions of interest from serving judges, and all eligible judges for appointment, are considered. I then, as Minister for Justice, submit a Memorandum for Government to the Cabinet Agenda at which point Cabinet agrees on a nominee for appointment by the President.

The Programme for Government contains a commitment to reform the judicial appointments process and I intend to bring forward new legislation to do this very quickly. I will shortly seek the approval of the Government for a new General Scheme of a Judicial Appointments Commission Bill 2020 to provide for the establishment of a new Commission to replace the Judicial Appointments Advisory Board.

The Programme for Government also contains a commitment to establish a working group to consider the numbers and types of judges required to ensure the efficient administration of justice over the next five years. Preparatory work within my Department is under way and I anticipate that this group will be established soon.

Garda Stations

Questions (130)

Paul Donnelly

Question:

130. Deputy Paul Donnelly asked the Minister for Justice if consideration has been given to the building of a new Garda station in Ongar, Dublin 15 given the increased population in the area. [40735/20]

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Written answers

The Deputy will be aware that the Garda Commissioner is by law 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 programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the OPW, which has responsibility for the provision and maintenance of Garda accommodation.

The Garda Building and Refurbishment Programme 2016-2021 is based on agreed Garda priorities and benefits over 30 locations around the country, underpinned by significant Exchequer funding across the Garda and OPW Votes. The objective of this investment is to address deficiencies in the Garda estate and provide fit-for-purpose facilities for Garda members and staff as well as the public interacting with them.

I am informed that the current Garda Building and Refurbishment Programme does not include the development of a new Garda station in Ongar, Co. Dublin.

An Garda Síochána will give consideration to the need for new Garda Stations, in Ongar and for other locations, in the context of the overall accommodation requirements arising from the ongoing expansion of the Garda workforce, the policing reform plan A Policing Service For Our Future, and the implementation of the new Garda operating model which will inform the overall accommodation priorities of An Garda Síochána over the years 2022-2026.

Crime Data

Questions (131)

Paul Donnelly

Question:

131. Deputy Paul Donnelly asked the Minister for Justice the statistics relating to crime in the Ongar local electoral area, which is serviced by the K district Garda station. [40736/20]

View answer

Written answers

As the Deputy is aware, the Central Statistics Office (CSO) is the responsible authority for official recorded crime statistics. These statistics are available on the CSO website at the following link: https://www.cso.ie/en/statistics/crimeandjustice/.

For the Deputy's information, the following table shows the recorded crime offences for Blanchardstown Garda Station (which includes the Ongar area in the K district of the DMR West division) by type of offence and year for 2018 and 2019, the latest years for which figures are published:

BLANCHARDSTOWN STATION, DMR WEST

2018

2019

Attempts/threats to murder, assaults, harassments and related offences

426

470

Dangerous or negligent acts

146

205

Kidnapping and related offences

5

2

Robbery, extortion and hijacking offences

110

82

Burglary and related offences

452

514

Theft and related offences

2061

2000

Fraud, deception and related offences

196

283

Controlled drug offences

295

367

Weapons and explosive offences

49

84

Damage to property and to the environment

483

529

Public order and other social code offences

361

399

Offences against government, justice procedures and organisation of crime

1313

1403

The Deputy will note that these statistics are published under reservation. According to the CSO, the classification of “Under Reservation” is in keeping with other jurisdictions and other statistical domains. This indicates that, while the statistics have been determined to be of sufficient quality to allow publication, ongoing issues mean that the quality does not yet meet the higher standard required of official statistics by the CSO.

The Deputy may further wish to note the following information, taken from the CSO Crime Counting Rules document, which sets out the approach to recording of criminal offences as being against the Garda sub-district in which the particular offence was committed:

" A criminal offence should be recorded (and counted) against the Garda Sub-district in which the particular offence was committed. Where the place of commission cannot be determined the offence should be recorded against the Garda Sub-district in which it was reported. Criminal offences under Irish law that are committed abroad (such as those under the Sexual Offences (Jurisdiction) Act, 1996) should be recorded against the Garda Sub-district in which it was reported.”

Immigration Status

Questions (132)

Louise O'Reilly

Question:

132. Deputy Louise O'Reilly asked the Minister for Justice when a person (details supplied) can expect to have their documentation returned from the Irish Naturalisation and Immigration Service. [40743/20]

View answer

Written answers

The person concerned made an application for permission to remain in the State as the spouse of an Irish national on 18 September 2019. To be fair to all applicants, applications are dealt with in chronological order. The Immigration Service of my Department endeavours to process applications as quickly as possible. However, processing times may vary due to a number of factors, such as the number of applications on hands, individual circumstances, the complexity of applications, whether further information is required, and the resources available.

The Immigration Service will contact the applicant in due course and, once a decision is made, this will be communicated to the person directly.

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.

Health Services Staff

Questions (133)

Michael Healy-Rae

Question:

133. Deputy Michael Healy-Rae asked the Minister for Health if funding will be provided to restore pay to outstanding section 39 organisations (details supplied); and if he will make a statement on the matter. [40601/20]

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Written answers

An agreement reached at the Workplace Relations Commission (WRC) in October 2018 provided for pay restoration in relation to 50 pilot organisations in the first instance. Pay restoration for these bodies commenced in April 2019 with further payments due in October 2020 and October 2021 as appropriate.

The agreement recognised that some of the remaining Section 39 organisations were also likely to have pay restoration issues and a process to address these issues commenced in 2019 under the auspices of the WRC. Despite the engagement which took place, it has not yet been possible to reach agreement.

The HSE are currently costing this next phase of pay restoration and are expected to complete the exercise in the coming weeks. Engagement will take place with the Department of Public Expenditure and Reform once the HSE has completed this work. Health sector management remain committed to the process.

Mental Health Services

Questions (134)

Kathleen Funchion

Question:

134. Deputy Kathleen Funchion asked the Minister for Health the additional funding and resources that have been allocated to HSE counselling services to deal with the inevitable rise in numbers of those who will access counselling services upon the publication of the report of the Commission of Investigation into Mother and Baby Homes and other related matters. [40718/20]

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Written answers

The package of health and wellbeing supports for former residents of Mother and Baby Homes, agreed by Government in December 2019, includes the provision of additional counselling services to help support the needs of former residents and the introduction of a dedicated patient advocacy liaison service for former residents.

Funding of €1.7m has been provided to the HSE to support service delivery in 2020, while €4m is allocated to cover the costs of these services in 2021. Enhanced supports are available through the National Counselling Service and the Connect Live helpline, while call centre teams at HSE Live and the YourMentalHealth information line have also been updated on all available support options to assist former residents. This will ensure that former residents have somewhere to turn for assistance should they require it.

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

Cross-Border Health Initiatives

Questions (135)

Pearse Doherty

Question:

135. Deputy Pearse Doherty asked the Minister for Health the reason an online video conference consultation is not permitted during Covid-19 for a cross-Border directive application (details supplied); and if he will make a statement on the matter. [40522/20]

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.

Hospital Services

Questions (136)

Donnchadh Ó Laoghaire

Question:

136. Deputy Donnchadh Ó Laoghaire asked the Minister for Health the status of the provision of paediatric rheumatology services in Ireland; when a third paediatric rheumatologist will commence their position; and the steps he is taking to lessen the significant waiting list which is currently three years long. [40527/20]

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.

Hospital Services

Questions (137)

Donnchadh Ó Laoghaire

Question:

137. Deputy Donnchadh Ó Laoghaire asked the Minister for Health when the outcome of the meeting held in December 2019 between rheumatology specialists and an organisation (details supplied) will be relayed to parents of children with arthritis; and when the information leaflets on the incidence of arthritis in children with Down's syndrome will be supplied to general practitioners and other health professionals.. [40528/20]

View answer

Awaiting reply from the Department.

Hospital Waiting Lists

Questions (138)

Alan Dillon

Question:

138. Deputy Alan Dillon asked the Minister for Health his plans to alleviate the waiting list of 4 to 8 months for urgent paediatric scans; and if he will make a statement on the matter. [40531/20]

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. Children’s Health Ireland (CHI) is working with the HSE and the NTPF to improve access to treatment and reduce waiting times for children, including access to diagnostics such as MRI scans.

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.

Covid-19 Pandemic

Questions (139)

Alan Dillon

Question:

139. Deputy Alan Dillon asked the Minister for Health if his Department will update Covid-19 advice for pregnant women to include the findings of The Royal College of Obstetricians and Gynaecologists and The Royal College of Midwives and the Faculty of Occupational Medicine that women who are 28 weeks pregnant and beyond are at an increased risk of becoming severely ill upon contraction of the virus; and if he will make a statement on the matter. [40532/20]

View answer

Written answers

Given the role of the HSE’s National Women & Infants Health Programme in the dissemination of pregnancy related clinical guidelines, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

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