Wednesday, 3 Mar 2021

Written Answers Nos. 686-713

Ministerial Communications

Questions (686)

Alan Kelly

Question:

686. Deputy Alan Kelly asked the Minister for Justice if she received communication from the President of the Court of Justice of the European Union regarding the nomination by Ireland of a member of the Court; if so, the nature and content of such communication; if the President of the Court made a strong recommendation regarding the nomination; her views on whether it is appropriate for the President of the Court of Justice to engage in any communication with a member state regarding nominations to judicial office; and if she will make a statement on the matter. [11722/21]

Written answers

Minister for Justice

As set out in the Treaty on the Functioning of the European Union (TFEU), judges of the European Court of Justice are appointed by common accord of the Governments of Member States for a six-year term and judges are eligible for re-appointment. Member States are free to adopt their own domestic process for the nomination of judges of the Court of Justice.

Article 254 of the Treaty on the Functioning of the European Union sets out the criteria for persons to be appointed to the European Court of Justice as ‘persons who possess the ability required for appointment to the highest judicial office’. The qualifications for appointment to the highest judicial office in Ireland are set out in primary legislation and provide that a person who has practised for 12 years as a barrister or solicitor is qualified for appointment to the Superior Courts.

The President of the Court of Justice of the European Union wrote to the President of the Council of the European Union in April 2020 to note the forthcoming vacancies effective from October 2021, and request that appointments be made in good time and for Governments to submit their proposals as soon as possible to facilitate the management of cases before the Court. Member States were requested to submit their nominations by 30 November 2020.

Neither the President of the Council nor the President of the Court of Justice corresponded directly with me on the matter. The Attorney General brought to my attention in September that the President of the Council wished Ireland to fill the vacancy in good time and that there was no objection to a reappointment.

The recommendation of the preferred member of the European Court of Justice of Irish origin is a matter for the Irish Government solely. The recommendation is then subject to a ratification process under the EU Treaties. The decision to recommend the current serving judge for reappointment was that of the Government alone.

In considering candidates for appointment, the Government took into account the experience and qualifications of the present incumbent who had expressed his willingness to continue in the role for a further term, as well as those of such other candidates as had expressed their interest in being considered for the role.

Following his nomination by Ireland, Judge Regan’s nomination for re-appointment will be considered by the panel established under Article 255 of the Treaty on the Functioning of the European Union (TFEU). The panel’s task is to give an opinion on the candidate’s suitability to perform the duties of judge of the Court of Justice before the representatives of the Member States decide on the appointment.

Visa Applications

Questions (687)

Seán Sherlock

Question:

687. Deputy Sean Sherlock asked the Minister for Justice if her attention has been drawn to the case of a person (details supplied) whose application for a stamp 4 visa renewal was rejected due to insufficient proof of relationship status despite the person being in a committed relationship and with no additional detail given as to the reasons for this refusal; if she will provide a report on the overall status of the visa application extension; and if she will make a statement on the matter. [11753/21]

Written answers

Minister for Justice

The initial application by the person referred to by the Deputy was refused because it did not include any documents in relation to their partner at the time of submission. A new application was subsequently submitted with the required documentation. This application has been successfully completed and the person concerned can expect to receive their new Irish Residence Permit (IRP) card in the coming days.

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 ([e-mail]) 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 (688)

Aodhán Ó Ríordáin

Question:

688. Deputy Aodhán Ó Ríordáin asked the Minister for Justice if the automatic visa extensions given to stamp 4 visa holders until the end of April 2021 will count towards the minimum requirements for naturalisation for visa holders whose extended visas have an earlier date on them; and if she will make a statement on the matter. [11755/21]

Written answers

Minister for Justice

To ensure that people do not fall out of permission during the Covid-19 pandemic, six automatic extensions of immigration permissions have been provided, the most recent to 20 April 2021. The renewal of permission is on the same basis as the existing permission and the same conditions attach.

Periods of automatic renewal of permission at this time will count as reckonable residence for citizenship purposes in circumstances where the person already held a permission that counted as reckonable residence.

Due to the public health restrictions currently in place under Level 5 of the Government's Framework for Restrictive Measures in Response to Covid-19, the Registration Office in Burgh Quay has been closed since 23 December 2020, until further notice.

All registration renewals in the Dublin area are now being processed online only and the system has been available for all applicants since 20 July 2020 at https://inisonline.jahs.ie. Last December, the requirement to include a passport as part of an application was removed. This reduces the time taken to process the application and eliminates the associated cost of the registered post when sending the passport as part of the application.

The online renewal system is available to people who:

- Are resident in Dublin City or Dublin County;

- Are currently in the State;

- Have previously registered with the Immigration Service;

- Are renewing one of the following stamps: Stamp 0, Stamp 1, Stamp 1A, Stamp1G Stamp 2, Stamp 2A, Stamp 3, Stamp 4, or Stamp4EUFAM; and

- Have an IRP card that is expired or is due to expire within 29 days.

Further information on the operation of this service is available on our website at: http://www.inis.gov.ie/en/INIS/Pages/renew-registration

Renewals of registrations for persons residing outside of the Dublin area are processed by the Garda National Immigration Bureau through the Garda Station network. Information on the contact details for all the registration offices outside Dublin is available at: https://www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/news-media/reopening-of-registration-offices.html.

Further updates will be provided on the Immigration Service website when available at: http://www.inis.gov.ie/en/INIS/Pages/COVID-19-updates-and-announcements.

Stardust Fire

Questions (689)

Paul Murphy

Question:

689. Deputy Paul Murphy asked the Minister for Justice if she will address a matter (details supplied) regarding recognition of professional researchers; and if she will make a statement on the matter. [11757/21]

Written answers

Minister for Justice

In relation to the claims for historical costs relating to the work of independent researchers who carried out work on behalf of the families, I understand that these are the subject of civil proceedings instituted by the researchers against the Minister for Justice. Therefore, I am not in a position to comment further.

The conduct of the inquests is entirely a matter for the Senior Dublin Coroner, Dr Myra Cullinane, who has already begun her work on this inquest. Three pre-inquest hearings have already taken place. Some delays have unfortunately been unavoidable with Covid-19 restrictions. The Coroners Society of Ireland agreed that all inquests in the State were not to be held in January given public health considerations under Level 5 restrictions. However, the public facing elements of the inquest are expected to commence in Spring 2021, as originally committed to, public health guidance permitting.

Government funding has been allocated for the new inquests to cover a number of areas including legal aid for the families, the facilities and equipment for the public facing elements of the inquest at the RDS, advice to the Coroner and related costs. Budget 2021 included an allocation of up to €8m to cover such costs and all costs will be fully published upon conclusion of the inquests.

Ministerial Correspondence

Questions (690)

Pa Daly

Question:

690. Deputy Pa Daly asked the Minister for Justice if she has received correspondence from a person (details supplied); and if she will make a statement on the matter. [11761/21]

Written answers

Minister for Justice

I can confirm that correspondence has been received in my Department from the person referred to by the Deputy. Given the personal nature of the matter, I will write to the Deputy directly to set out the position.

Fines Data

Questions (691)

Catherine Murphy

Question:

691. Deputy Catherine Murphy asked the Minister for Justice the number of issued fines relating to Covid-19 breaches to date since the introduction of fining commenced; the amount that has been collected to date; the amount outstanding; the number of fines that are under appeal; and the number of successful appeals to cover the time that the offence is punishable by fine. [11801/21]

Written answers

Minister for Justice

I have requested the information sought by the Deputy from the Garda Commissioner but unfortunately it was not possible to compile it in the time available.

I will write to the Deputy directly with the information requested, when it is available.

Garda Data

Questions (692)

Catherine Murphy

Question:

692. Deputy Catherine Murphy asked the Minister for Justice the number of persons that have been placed in custody relating to Covid-19 breaches in 2020 and to date in 2021; the number that have been charged with an offence as a result of arrest; and the number released without any charge or caution. [11802/21]

Written answers

Minister for Justice

As the Deputy will be aware, responsibility for the legislation underpinning the response to the Covid-19 pandemic lies with my colleague, the Minister for Health. The responsibility for the enforcement of current public health regulations rests with the Garda Commissioner.

An Garda Síochána continue to use the 'Four E's' approach in line with their strong tradition of community policing and policing by consent. This sees Garda members Engage with, Encourage and Educate members of the public on public health advice and regulations, with Enforcement used only as a last resort.

Both the Policing Authority and An Garda Síochána provide regular reports and updates in relation to the Gardaí's efforts during this difficult time and I am pleased to note that both the Authority and the Garda Commissioner have noted high levels of compliance by the public and positive interaction between Gardaí and communities.

The Health (Amendment) Act 2020, which amended the Health Act 1947, was signed into law by the President on 25 October 2020. Regulations providing for a new system of fines under the Act were subsequently signed by the Minister for Health on 21 November 2020. The Act allows for a system of fixed penalty notices for those found in breach of those COVID-19 regulations which have been designated as penal provisions. It also allows for a speedier system of fines, without the requirement for the person to be brought before the Courts and prosecuted.

I am advised by the Garda authorities that the table below shows the number of confirmed Covid-19 incidents in which at least one arrest was made, where the reason for the arrest was given as a Covid-19 breach. It should be noted that other arrests may have occurred in the context of a Covid-19 incident but the arrest was made in relation to another simultaneous offence (for example, public order):

Covid-19 Incidents	2020*	2021*
Total number of Covid-19 Incidents in which at least one arrest was made	66	0

*Figures for 2020 are from 8 th April onwards, figures for 2021 are up to 6 th February.

It should also be noted that confirmed Covid-19 incident figures (powers used/breaches of regulations) are crime incidents in which files are prepared for the Office of the Director for Public Prosecutions (DPP) in order to charge/issue summons. Due to the substantial checking and reviews undertaken on these incidents prior to publication, there is a slight reporting time lag. Updates are published on the Garda website when available (currently, approximately every four weeks). The most recent figures available cover incidents which occurred between 8th April 2020 and 6th February 2021.

I am further advised that the table below shows the most recently available status of these 66 incidents, where at least one arrest was made for a Covid-19 breach. More than one charge/summons may have been generated in relation to each incident. The table also includes details of the number of incidents in which the Office of the DPP has directed no proceedings and the number of incidents in which investigations remain on-going or directions are awaited from the Office of the DPP. These figures relate to incidents from 8th April 2020 to 6th February 2021.

Covid-19 Incidents with at least one Covid-19 breach related arrest

	Charges/ Summons	DPP – No Proceedings	On-going/ Pending	Total
Total number of Covid-19 Incidents*	52[1]	6	8	66

[1] Includes a number (less than 10), where the offender was a juvenile so they have been referred to the Diversion Programme.

The Deputy should note that confirmed Covid-19 incident figures (powers used/breaches of regulations) are based on PULSE as of 8th February 2021 – these are operational and the most recent verified figures available. Figures will change as investigations are completed and/or directions are received. Information on Covid related Fixed Payment Notices (fines) is published weekly on the Garda website on the following link:

https://www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/press-releases/2021/january/an-garda-sochna-commence-fixed-charge-notices-for-breaches-of-covid-19-travel-restrictions-11th-january-2021.html

International Protection

Questions (693)

Catherine Connolly

Question:

693. Deputy Catherine Connolly asked the Minister for Justice the number of cessations of refugee status and subsidiary protection sections 9 and 11 of the International Protection Act 2015 in 2020; the number of persons excluded from refugee protection and subsidiary protection sections 10 and 12 of the International Protection Act 2015; and if she will make a statement on the matter. [11855/21]

Written answers

Minister for Justice

The International Protection Act 2015, recognises that international protection ends under certain clearly defined conditions. Sections 9 and 11 contain the respective cessation provisions for both refugee status and subsidiary protection status and set out the situations where an international protection status that has been granted comes to an end.

Sections 10 and 12 of the 2015 Act set out the criteria by which individuals may be excluded from international protection because there are serious reasons/grounds for considering that they have, inter alia, committed various types of serious crimes, or that they are already receiving United Nations assistance, or that they have access to national or other protection.

The table below sets out the statistics requested by the Deputy.

Type of Case	2020
Cessations of Refugee Status	NIL
Cessations of Subsidiary Protection Status	NIL
Recommendations for exclusion - Refugee Status	1
Recommendations for exclusion - Subsidiary Protection status	NIL

Garda Data

Questions (694)

Denise Mitchell

Question:

694. Deputy Denise Mitchell asked the Minister for Justice the number and quantity by type of drugs seized by gardaí attached to Coolock district drugs unit in each of the years of 2018 to 2020 and to date in 2021, in tabular form. [11880/21]

Written answers

Minister for Justice

I have requested information from the Garda Commissioner in relation to this matter but unfortunately it was not possible to compile it in the time available.

I will write to the Deputy directly with the information requested, when it is available.

The following deferred reply was received under Standing Order 51

I refer to Parliamentary Question 694 which was for answer on 3 March 2021 where you asked for the number and quantity by type of drugs seized by Gardaí attached to Coolock district drugs unit in each of the years of 2018 to 2020 and to date in 2021, in tabular form.

You will recall that the information could not be obtained in the time available and I undertook to consult with An Garda Síochána and contact you again when more up to date information was available.

A core focus of the work carried out by An Garda Síochána is aimed at tackling drug distribution and organised crime. The continued disruption of the supply of all illicit drugs remains a priority for An Garda Síochána and the other state agencies tasked with responsibilities in this regard.

Since its establishment in 2015, the Garda National Drugs and Organised Crime Bureau, which manages national and international drug trafficking and organised crime investigations, has continued to make significant seizures of controlled drugs and to make related arrests.

Such seizures represent a major blow to criminal gangs, who planned to profit from selling these drugs. The success of this and other operations demonstrates the effectiveness of the various enforcement bodies within this State working together with their international counterparts.

I am informed by the Garda authorities that a search of PULSE was carried out on 11 March 2021. The query searched for incidents of category “Drugs” which were recorded in the Coolock district for the years 2018, 2019, 2020 and 2021

I am further informed that a total of 1,678 incidents meeting these criteria were recorded in the district, which is comprised of the Coolock, Malahide and Swords Garda stations.

The table included in the attached Appendix, which has been provided to me by the Garda authorities, sets out the number of drug incidents by year in the Coolock District.

In an effort to provide some insight into drug types, the Garda authorities have examined the drugs detailed in the charges/summonses. Data related to charges and summonses is also included in the attached Appendix. Multiple charges or summonses may be issued for incidents, for example, if there are multiple offenders, multiple drug types, or multiple categories of charges.

I trust this information is of assistance.

Appendix

					Coolock District: Drugs Incidents
Stations	2018	2019	2020	2021	Total
Coolock	274	344	362	55	1035
Malahide	74	54	52	10	190
Swords	118	144	163	28	453
Total	466	542	577	93	1678

This information was drawn down on 11/03/2021. Multiple charges or summonses may be issued for incidents, for example, if there are multiple offenders, multiple drug types, or multiple categories of charges. Furthermore, charges or summonses may not have been issued in relation to all incidents to date. The figures in the table below should not therefore be taken to be a direct subset of the incident numbers above.

				Coolock District: Charges & Summonses linked to Drugs Incidents
Drug Category	2018	2019	2020	2021
Cannabis	371	421	324	16
Cocaine	113	100	66	<10
Diamorphine	30	35	18	<10
Benzodiazepine	18	16	<10	<10
All Other Drugs	26	21	<10	<10
Total	558	593	417	24

Additional Information

Charges and Summonses figures are taken from PULSE as of 11/03/2021. Incident figures are taken from PULSE as of 01:30 on 17/03/2021, they are operational and liable to change.

Prisoner Transfers

Questions (695)

Thomas Pringle

Question:

695. Deputy Thomas Pringle asked the Minister for Justice the number of applications for inward transfer under the Transfer of Sentenced Persons Acts that were refused in 2019 and 2020; the reason for the refusals; and if she will make a statement on the matter. [11918/21]

Written answers

Minister for Justice

I can inform the Deputy that three inward applications were refused in 2019. One was refused by the Sentencing state and the remaining two were refused as the sentences imposed by the Sentencing states are not compatible with Irish Law and would require a change in the current legislation to execute the transfer.

The 2020 figures as requested by the Deputy will be made available on the publication of the 2020 Transfer of Sentenced Persons Annual Report which is due to be laid before the Oireachtas before the end of April 2021.

As the Deputy may be aware, on foot of a number of relevant Supreme Court judgements, it is necessary to amend legislation which facilitates the transfer of prisoners from abroad to serve their sentences here in the State.

The Government approved the General Scheme of the Transfer of Sentenced Persons (Amendment) Bill in 2019 in order to amend the Transfer of Sentenced Persons Acts 1995 and 1997. The relevant 2016 Supreme Court judgments raises the issue of how best to adapt and administer under Irish law a foreign sentence that contains features not found in Irish sentences. This Bill is designed to address this issue.

Officials in my Department are currently working with the Office of the Attorney General with a view to progressing this matter so that a finalised Bill can be brought to Government and presented to the Oireachtas as soon as possible.

Legislation to transpose Framework Decision 2008/909/JHA is also being progressed and is on the Government Legislative Programme Priority List for publication this session

Legislative Measures

Questions (696)

Carol Nolan

Question:

696. Deputy Carol Nolan asked the Minister for Justice if legislation has been passed and enacted that defines a hate crime and a non-hate crime; and if she will make a statement on the matter. [11962/21]

Written answers

Minister for Justice

In line with a commitment under the Programme for Government I recently announced my intention to bring forward new legislation to combat incitement to hatred and hate crime in Ireland. This announcement coincided with the publication of the results of a widespread consultation process, which included in-depth consultations with various civil society and community groups, academics and experts, a public consultation process and a detailed comparative study of approaches to hate crime in 5 other jurisdictions.

The purpose of this extensive work was to ensure my Department could identify how Ireland’s law in this area could be improved, based on a clear understanding of the experiences of those impacted by hate speech and hate crime.

The Deputy will be able to see from the report and the appendices that many of those who engaged in the consultation process were victims of hate speech and hate crime themselves, while others were concerned about the very real need to respect the human rights of everyone involved, including the right to freedom of speech.

The report and its appendices are available on - http://www.justice.ie/en/JELR/Legislating_for_Hate_Speech_and_Hate_Crime_in_Ireland_Web.pdf/Files/Legislating_for_Hate_Speech_and_Hate_Crime_in_Ireland_Web.pdf

I have tasked my officials with drawing on the conclusions of the Report to draft the General Scheme of a new Hate Crime Bill, which will deal with both incitement to hatred and hate crime. It is my intention to bring the General Scheme to Government before Easter of this year. The new legislation will provide the necessary means to prosecute perpetrators who deliberately or recklessly incite hatred against others on the basis of a protected characteristic, while bearing in mind the provisions of the Constitution and our human rights obligations including those contained in the European Convention on Human Rights Act 2003 to protect the right to freedom of expression.

Residency Permits

Questions (697)

Patrick Costello

Question:

697. Deputy Patrick Costello asked the Minister for Justice if she will report on the commitment in action 11 of the National Migrant Integration Strategy to introduce a statutory scheme for long-term residency; when such a scheme is expected to commence; the criteria that will apply to the scheme; and if she will make a statement on the matter. [11990/21]

Written answers

Minister for Justice

Unfortunately, it has not been possible to compile the requested information in the time available. I will write to the Deputy directly in the coming days.

Liquor Licences

Questions (698)

Michael Healy-Rae

Question:

698. Deputy Michael Healy-Rae asked the Minister for Justice if she will address a matter regarding the renewal of a licence (details supplied); and if she will make a statement on the matter. [12009/21]

Written answers

Minister for Justice

Section 24 of the Courts (Supplemental Provisions) Act 1961 provides that the Circuit Court shall have jurisdiction in all cases of applications for new on-licences. Where an existing on-licence has lapsed during the preceding five years, this provision also applies to the grant of a new licence. This is a necessary part of the checks and balances in place for appropriate licensing for the sale of alcohol.

In cases where licences are not renewed with the Revenue Commissioners for over a year, it is open to an applicant to apply to court to restore it. I am advised that the Courts Service has no discretion in this matter. The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge.

While I have overall responsibility for the licensing laws in my capacity as Minister for Justice, it would not be appropriate for me to intervene in, or comment on, a particular licensing case.

The Deputy will be aware of my intention to modernise the law relating to the sale, supply and consumption of alcohol on licensed premises by repealing the Licensing Acts 1833 to 2011, as well as the Registration of Clubs Acts 1904 to 2008, and replacing them with streamlined provisions more suited to modern conditions, including appropriate appeals provisions. This commitment is restated in the Justice Plan 2021, which I launched last week.

Complaints regarding legal practitioners can be made to the Legal Services Regulatory Authority (LSRA), which is the independent regulator for legal services providers. Further details are available on the LSRA website at: https://www.lsra.ie/for-consumers/making-a-complaint/.

Crime Prevention

Questions (699)

Neasa Hourigan

Question:

699. Deputy Neasa Hourigan asked the Minister for Justice the main initiatives undertaken by her Department since 27 June 2020 to tackle sexual and gender-based violence; and if she will make a statement on the matter. [12018/21]

Written answers

Minister for Justice

Tackling domestic abuse and providing supports for victims is a priority for me as Minister and for Government. Since my appointment I have been continuously working with my colleagues and with our partners to ensure that we have robust legislation, policies and infrastructure that can support and assist victims and hold perpetrators to account.

With regard to the specific information requested by the deputy, my Department is leading on the delivery of a number of important commitments to make sure that we are responding effectively to the needs of victims of domestic abuse and sexual violence.

These include delivering on -

- The Justice Plan 2021 which outlines our commitment to an audit of how domestic, sexual and gender based violence services are organised to ensure a comprehensive approach is taken to providing for the needs of victims of domestic abuse is on target to be completed by the end of March 2021;

- The review of outstanding action under the Second National Strategy on Domestic, Sexual and Gender-based Violence which is a whole of Government approach to delivering on the many actions necessary to address these matters. The outcome of this review will inform the Third National Strategy which is to be adopted before the end of 2021 and which will focus on prevention and reduction and will include a National Preventative Strategy;

- The full and timely implementation of the detailed roadmap for the introduction of the recommendations contained in the O'Malley review. Entitled Supporting a Victim's Journey - A plan to help victims and vulnerable witnesses in sexual violence cases this plan will, when implemented, will protect and support vulnerable witnesses during the investigation and prosecution of sexual offences. I chaired the first meeting of the Implementation oversight group in December and I am pleased that all actions are progressing in accordance with the plan;

- The continuation of campaigns to raise public awareness of sexual harassment, domestic and sexual violence in order to bring about a change in long-established societal behaviours and attitudes and to activate bystanders with a view to decreasing and preventing this type of behaviour and violence;

- Increased funding to support victims of crime and to raise awareness and combat domestic, sexual and gender-based violence. I have secured funding of €4.1 million to support victims of crime and some €3 million for raising awareness of domestic, sexual and gender based violence. These figures reflect the additional €2.3 million provided in Budget 2021 for the implementation of Supporting a Victim's Journey;

- The continuation of the additional Covid specific resources, support, enforcement and services for key organisations working to provide support services to victims of domestic abuse and sexual violence during the pandemic and the continued prioritisation by frontline services of domestic abuse incidents;

- The recent launch of a new Victim’s Charter website to inform and support victims of crime. This has a dedicated section providing specialist information for victims of sexual offences;

- Enactment of the Criminal Procedure Bill 2021 which was before Dáil Éireann on February 10th for its second stage debate. The primary purpose of this bill is the introduction of preliminary trial hearings. It is the first of the legislative changes being brought in as part of ‘Supporting a Victims Journey’.

In line with my prioritisation of tackling sexual violence and following on from the O’Malley Report and its implementation document, scoping is under way for a new Sexual Offences Bill. The Bill will encompass provisions to implement the O’Malley Report recommendations as well as for additional harassment orders to the 2017 Sexual Offences Act and to implement the recommendations of the 2019 Law Reform Commission Report on Knowledge or Belief concerning Consent in Rape Law.

The Deputy may also be interested to know that there is now a Divisional Protective Services Unit (DPSU) established in every Garda division across the country. This ensures that vulnerable victims of crimes such as domestic abuse and sexual violence presenting to Gardaí are met with a consistently high standard of specialist, sensitive, professional and expert assistance which in turn helps to get cases and perpetrators before the courts.

Gender Recognition

Questions (700)

Fergus O'Dowd

Question:

700. Deputy Fergus O'Dowd asked the Minister for Justice if she will address a matter raised in correspondence (details supplied) regarding changing a name by deed poll; and if she will make a statement on the matter. [12035/21]

Written answers

Minister for Justice

The details provided by the person concerned in the correspondence to the Deputy indicate that the question centres on gender recognition and the manner in which applications for gender recognition certificates are recorded, rather than changing one’s name by deed poll. Gender recognition certificates are a matter for the Department of Social Protection, which is also responsible for the General Register Office.

Naturalisation Applications

Questions (701)

Michael Ring

Question:

701. Deputy Michael Ring asked the Minister for Justice when an application for naturalisation by a person (details supplied) will be finalised; and if she will make a statement on the matter. [12086/21]

Written answers

Minister for Justice

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 5 February 2019. 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 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 at: [e-mail], 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.

National Broadband Plan

Questions (702)

Seán Sherlock

Question:

702. Deputy Sean Sherlock asked the Minister for Justice if she has engaged with National Broadband Ireland on any aspect of broadband provision in the past six months; and the outcome of any engagement. [12124/21]

Written answers

Minister for Justice

As Minister of Justice, I have not engaged with National Broadband Ireland on any aspect of broadband provision in the past six months.

I have engaged, through my constituency office, with National Broadband Ireland. However, it would not be appropriate to provide details of this engagement, which has been in my capacity as a member of Dáil Éireann, not as Minister for Justice.

Covid-19 Pandemic

Questions (703)

Bríd Smith

Question:

703. Deputy Bríd Smith asked the Minister for Health the number of confirmed outbreaks of Covid-19 on construction sites and in industry in general. [11702/21]

Written answers

Tánaiste and Minister for Enterprise, Trade and Employment

Between the 1st September 2020 to the 27th February 2021 the Health and Safety Authority (HSA) has carried out 4,119 workplace inspections across a wide range of sectors, of which 1,495 were carried out on the construction sector. All of these inspections in the construction sector were unannounced.

The table below details the numbers of inspections per month in all sectors and construction sector since 1st September 2020 to the 27th February 2021.

Health & Safety Authority Inspections

	September 2020	October 2020	November 2020	December 2020	January 2021	February 2021
All Inspections	823	660	637	820	556	623
Construction Inspections	453	328	312	75	121	206

Note: The inspection figures are provisional. Inspection figures are subject to change due to delays in recording inspections arising from other priority work commitments

Under the Public Health Act (Infectious Diseases) Regulations, all infectious diseases are required to be reported to the Public Health Computerised Infectious Disease Reporting system (CIDR), which is managed by the Health Protection Surveillance Centre (HPSC). COVID -19 was included under the Infectious Diseases (Amendment) Regulations 2020 (S.I. No. 53 of 2020) on the 28th February 2020. Request for numbers and details on numbers of outbreaks in any sector should be made to the HPSC. Management of outbreaks of COVID-19 come under the Departments of Public Health and specifically the Medical Officer of Health.

The HSA is involved with Public Health outbreak control teams, including those in the construction sector and it continues to support and work with public health experts in dealing with COVID-19 outbreaks.

The HSA is the lead agency in relation to the assessment of compliance with the Work Safely Protocol in workplaces, including construction sites, which remain open at the various levels of restrictions.

Rape Crisis Network Funding

Questions (704)

Bernard Durkan

Question:

704. Deputy Bernard J. Durkan asked the Minister for Health the funding available for an organisation (details supplied) in County Kildare; if the full extent of the demand has been assessed with a view to meeting the demand in full and in line with provisions and requirements throughout the country; and if he will make a statement on the matter. [10958/21]

Written answers

Minister for Health

The Department of Health does not provide funding to this service. As Tusla has statutory responsibility for the care and protection of victims of domestic, sexual or gender based abuse, the Department of Children, Equality, Disability, Integration and Youth is best placed to answer queries of funding for organisations under this remit.

Covid-19 Pandemic

Questions (705)

Verona Murphy

Question:

705. Deputy Verona Murphy asked the Minister for Health the provisions being put in place to move the Safepass training course online; and if he will make a statement on the matter. [10960/21]

Written answers

Minister for Health

This is a policy matter for my colleague the Minister for Enterprise, Trade and Employment and the Health and Safety Authority as an agency under the aegis of that Department. As Minister for Health I have no role in relation to Safepass training.

Covid-19 Tests

Questions (706)

Joan Collins

Question:

706. Deputy Joan Collins asked the Minister for Health the number of meat plants that have had full Covid-19 testing from 4 January 2021 to 19 February 2021. [10961/21]

Written answers

Minister for Health

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 (707)

Joan Collins

Question:

707. Deputy Joan Collins asked the Minister for Health the positivity rate of Covid-19 in meat factory workers and fruit-picking workers. [10964/21]

Written answers

Minister for Health

As this is a service matter, it has been referred to the Health Service Executive for attention and direct reply to the Deputy.

Primary Medical Certificates

Questions (708)

Michael Healy-Rae

Question:

708. Deputy Michael Healy-Rae asked the Minister for Health the status of a primary medical certificate for a person (details supplied); and if he will make a statement on the matter. [10971/21]

Written answers

Minister of State at the Department of Health

The Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme is underpinned by statute and comes under the remit of the Department of Finance and the Revenue Commissioners.

The extent of the involvement of Health Service Executive (HSE) personnel in the Scheme relates to making a professional clinical determination as to whether an individual applicant meets the specified medical criteria for a Primary Medical Certificate, which is a requirement for the Scheme. This determination is undertaken by Community Medical Doctors for the relevant HSE Community Health Organisation on behalf of the Department of Finance and the Revenue Commissioners.

The Deputy may be aware that following a Supreme Court decision of June 2020, the assessment process for Primary Medical Certificates was suspended at the request of the Minister for Finance, Paschal Donohoe T.D.. Following the approval of the Finance Act 2020 which provides for the medical criteria in primary legislation, the Minister for Health, Stephen Donnelly, T.D., issued an instruction to the Chief Executive Officer of the HSE to the effect that Primary Medical Certificate assessments can recommence with effect from 1st January, 2021.

In the context of the national effort to suppress and manage the impact of COVID, the ability to hold assessments is impacted by, among other things, the public health restrictions in place and the role of the HSE Medical Officers in the roll out of the COVID vaccination programme. The HSE has confirmed that the Community Medical Doctors and their teams are predominately deployed to the COVID vaccination roll-out in residential care facilities and other health care settings.

I have been informed that the HSE is considering the matter of Primary Medical Certificate assessments in the context of their revision of the HSE Recovery and Restoration Plan, taking into account the pressures and challenges to the health services presented by COVID.

As the specific issue raised by the Deputy is a service matter, I have arranged to have the question referred to the HSE for consideration and direct reply to the Deputy.

Covid-19 Pandemic

Questions (709, 716, 717, 743, 788, 933)

Richard Boyd Barrett

Question:

709. Deputy Richard Boyd Barrett asked the Minister for Health if healthcare assistants and social care workers are being considered as vaccinators during the roll-out of the Covid-19 vaccine; and if he will make a statement on the matter. [10983/21]

David Cullinane

Question:

716. Deputy David Cullinane asked the Minister for Health if he will provide details of the professions which are generally qualified or permitted to administer vaccinations; and if he will make a statement on the matter. [10993/21]

David Cullinane

Question:

717. Deputy David Cullinane asked the Minister for Health the professions which are permitted to administer Covid-19 vaccinations; the reason phlebotomists, healthcare assistants, social care workers, and others who could be trained to administer these vaccines are not included; and if he will make a statement on the matter. [10994/21]

Seán Haughey

Question:

743. Deputy Seán Haughey asked the Minister for Health if he will bring forward amendments to Statutory Instrument No. 698 of 2020 to allow dentists to administer the Covid-19 vaccine; if he will endeavour to obtain approval from an association (details supplied) for this measure; and if he will make a statement on the matter. [11107/21]

Malcolm Noonan

Question:

788. Deputy Malcolm Noonan asked the Minister for Health the reason dentists were not included in the list of those personnel who can administer Covid-19 vaccinations. [11279/21]

Cormac Devlin

Question:

933. Deputy Cormac Devlin asked the Minister for Health when he expects dentists and qualified dental hygienists to be utilised to help the national vaccination effort; and if he will make a statement on the matter. [11831/21]

Written answers

Minister for Health

I propose to take Questions Nos. 709, 716, 717, 743, 788 and 933 together.

The HSE are building and deploying its workforce in order to be prepared for the requirements associated with rolling out the COVID-19 vaccine programme.

The vaccine roll-out is being conducted on a 7-day week basis and to date, more than 8,600 staff have received training to operate as vaccinators. To support the expanded immunisation programme the HSE launched a vaccinator recruitment campaign last week.

GPs, Pharmacists, doctors, nurses, paramedics, and many healthcare professionals, will have a role to play in the vaccination programme.

In addition, on Tuesday 23 February 2021, I signed the Medicinal Products (Prescription and Control of Supply) (Amendment) (No. 4) Regulations 2021. The purpose of these amending Regulations is to add registered optometrists and registered dentists to the list of professionals who may supply and administer Covid-19 vaccinations.

Assisted Human Reproduction

Questions (710)

Catherine Murphy

Question:

710. Deputy Catherine Murphy asked the Minister for Health the status of the development of a model of associated public funding for assisted human reproduction; the existing and proposed level of assistance he plans to offer; and the qualifying criteria for publicly funded assisted human reproduction. [10985/21]

Written answers

Minister for Health

As the Deputy will be aware, a commitment to introduce the model of care for infertility, which was developed by officials in my Department in conjunction with the HSE’s National Women & Infants Health Programme, is included in the Programme for Government, “Our Shared Future”. This model of care will ensure that infertility issues will be addressed through the public health system at the lowest level of clinical intervention necessary. It will comprise three stages, starting in primary care (i.e., GPs) and extending into secondary care (i.e., Regional Fertility Hubs) and then, where necessary, tertiary care (i.e., IVF and other advanced assisted human reproduction (AHR) treatments). Structured referral pathways will be put in place and patients will be referred onwards for further investigations or treatment as required and as clinically appropriate. It is intended that, in line with available resources, this model of care for infertility will be rolled out on a phased basis over the course of the coming years. As such, no decisions have been made on the eligibility criteria which will need to be satisfied to a enable a person to access advanced AHR treatments through the public system.

An important consideration in developing the model of care, and in determining the parameters that would frame it, was its interplay with the broader AHR regulatory framework and the provision of safe, effective and accessible infertility services at all levels of the public health system as part of the full range of services available in obstetrics and gynaecology.

It should be noted that while AHR treatment is not currently funded by the Irish public health service, a defined list of fertility medicines needed for fertility treatment is covered under the High Tech Arrangements administered by the HSE. Medicines covered by the High Tech Arrangements must be prescribed by a consultant/specialist and authorised for supply to the client’s nominated community pharmacy by the High Tech Hub managed by the Primary Care Reimbursement Service. The cost of the medicines is then covered, as appropriate, under the client’s eligibility, i.e., Medical Card or Drugs Payment Scheme. Given the costs associated with certain fertility medicines, I am aware that these schemes can have a material impact on the total cost of AHR treatment for individuals who avail of them.

In addition, there is other support available in that patients who access IVF treatment privately may claim tax relief on the costs involved under the tax relief for medical expenses scheme.

Health Services Staff

Questions (711)

Paul McAuliffe

Question:

711. Deputy Paul McAuliffe asked the Minister for Health the number of primary care posts in Ballymun, Dublin 11 for speech and language therapy, occupational therapy, physiotherapy and psychology; and if he will make a statement on the matter. [10987/21]

Written answers

Minister for Health

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.

Health Services Staff

Questions (712)

Paul McAuliffe

Question:

712. Deputy Paul McAuliffe asked the Minister for Health the number of vacant primary care posts in Ballymun, Dublin 11 for speech and language therapy, occupational therapy, physiotherapy and psychology; and if he will make a statement on the matter. [10988/21]

Written answers

Minister for Health

As this is a service matter, I have asked the HSE to respond directly to the Deputy on this matter, as soon as possible.

Health Services Staff

Questions (713)

Paul McAuliffe

Question:

713. Deputy Paul McAuliffe asked the Minister for Health the number of primary care posts that are redeployed or on maternity leave without temporary cover in Ballymun, Dublin 11 for speech and language therapy, occupational therapy, physiotherapy and psychology; and if he will make a statement on the matter. [10989/21]

Written answers

Minister for Health

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.