Written Answers Nos. 308-322
308. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [45787/21]
View answerAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 2 September 2020. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.
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: INISOireachtasMail@justice.ie, 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.
309. Deputy Bernard J. Durkan asked the Minister for Justice the reason stamp 4 and not stamp 1 has been awarded in the case of a person (details supplied); and if she will make a statement on the matter. [45788/21]
View answerAn incorrect stamp was unfortunately issued in error to the person referred to by the Deputy. A new residence permit with the correct permission will be issued immediately.
The person referred to by the Deputy lodged a review application in respect of their EU Treaty Rights application decision on 2 August 2017. This application was examined in detail and a decision was made to uphold the decision to refuse their EU Treaty Rights application on 1 March 2021. Reasons for the refusal are outlined in the refusal letter.
This person's case may need to be examined to see if it falls within the parameters of the European Court of Justice (ECJ) ruling in the Chenchooliah case. As the Deputy may already be aware, the ECJ's ruling in that case requires a new process to be developed in this State to deal with the cases of third country national persons who may have been deemed to come within the scope of the EU Free Movement Directive but for whom the circumstances which allowed those persons to remain in the State no longer apply. The required process is still under development and will be finalised in the coming months.
As this person's longer-term position in the State remains to be determined and the new post-Chenchooliah process is still being developed, a decision was taken to grant them a short-term permission to remain in the State. As an exceptional measure, they have been granted permission to remain in the State, on Stamp 1 conditions, (without the requirement to obtain an employment permit), for a period of six months.
310. Deputy Catherine Connolly asked the Minister for Justice when details of the IHAP 3 scheme will be announced; and if she will make a statement on the matter. [45795/21]
View answerI do not propose to reopen the IHAP programme, which is closed to new applications. Approximately 76 Afghan nationals have been issued with immigration status letters by my Department so far this year under IHAP, enabling them to reside and work in the State.
In response to the worsening humanitarian situation in Afghanistan, I have asked my Department officials to examine, as a matter of urgency, proposals for a humanitarian admission programme whereby persons resident in Ireland could apply for family members in Afghanistan to be granted admission to Ireland. The introduction of any new scheme, along similar lines to the previous Syrian Humanitarian Admission Programme (SHAP) and IHAP, would require a Government decision. I intend to bring proposals to Government in relation to this matter in the near future.
As you will be aware, the Government announced that a significant number of Afghan people would be allocated places on the Irish Refugee Protection Programme (IRPP), which is under the remit of my colleague, Minister O’Gorman. My Department is providing the visas to facilitate their travel to Ireland and has issued more than 340 visas or letters in lieu to date. Priority has been given to those working on human rights issues, including the rights of women and girls and minorities, as well as those working with NGOs and European and international organisations.
My Department is currently focused on processing applications for Afghan family members of Irish citizens and Afghan nationals living in Ireland. We are prioritising all such applications and processing them speedily and sympathetically.
In addition to visa applications, my Department is currently processing family reunification applications for 65 Afghan family members. These are being prioritised, with full consideration given to the current humanitarian context. To date this year, family reunification permission has been granted to 106 Afghan family members under the terms of the International Protection Act 2015.
International protection applications from Afghan nationals are already prioritised and, to date this year, 70 Afghan nationals have applied for protection in Ireland. The processing of these applications takes full account of whether a person will be in danger if not provided with a permission to remain here. My Department is currently reviewing all international protection applications on hand from Afghan nationals with a view to expediting their progress, in line with recent updated advices provided by UNHCR.
311. Deputy Brendan Howlin asked the Minister for Justice the expected timeline on the publication and presentation to the Dáil Éireann for the proposed new hate crime legislation; and if she will make a statement on the matter. [45796/21]
View answerThe General Scheme of the Criminal Justice (Hate Crime) Bill 2021 was published on 16 April and is available on my Department's website.
Following its publication in April, the General Scheme was referred to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny. The scheduling of pre-legislative scrutiny is a matter for the Committee.
The Bill has also been referred to the Office of Parliamentary Counsel for drafting.
The Bill will create new, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic, which include sexuality and gender.
The General Scheme provides for amendments to the Non-Fatal Offences Against the Person Act to provide for harassment aggravated by prejudice against one of the protected characteristics and also provides for harassment aggravated by prejudice against a protected characteristic with threats to kill or cause serious harm.
The aggravated offences will generally carry an enhanced penalty, compared to the ordinary offence, and the record of any conviction for such an offence would clearly state that the offence was a hate crime.
312. Deputy Peadar Tóibín asked the Minister for Justice the assessment her Department has made of Ireland being ranked as a tier two watchlist country in the 2021 Trafficking in Persons Report (details supplied); the action she is taking to combat human trafficking; and if she will make a statement on the matter. [45816/21]
View answerHuman trafficking is a heinous crime based on deception and exploitation of vulnerable people. Combatting it is, and will continue to be, a priority for this Government and over the past year we have introduced significant measures to combat trafficking, to create a more victim-centred approach to identifying and supporting victims and to raise awareness and provide training.
While it was very disappointing that the US State Department did not acknowledge the significant progress made by Ireland over the past 12 months as sufficient to upgrade our ranking in the latest ‘Trafficking in Persons’ Report, I am confident that the work we are doing should be reflected in the next TiPs report and that Ireland’s ranking should be upgraded accordingly.
I note that a number of key areas identified in the latest TiPs Report reflect the ongoing work that is, in some cases, already well-advanced, including:
- The recent approval by Government to revise the National Referral Mechanism to make it easier for victims of trafficking to come forward, be identified and access advice, accommodation and support;
- The drafting of a new National Action Plan on Human Trafficking;
- The development of training, through NGOs, targeting front line staff in industries such as hospitality, airline and shipping who may come into contact with trafficked persons;
- The work being undertaken to provide dedicated accommodation for female victims of sexual exploitation;
- The improvements being made to the Criminal Justice System to support victims through the implementation of Supporting A Victim's Journey;
- The running of a new awareness-raising campaign in partnership with the International Organisation for Migration (IOM) to build on the success of previous campaigns:
- An increase in funding for supporting victims of crime generally and increased funding dedicated specifically to supporting victims of trafficking.
The latest report also highlighted that at the time of drafting there were no convictions for human trafficking in Ireland. In this regard it is important to highlight the significance of the recent convictions for human trafficking handed down by the Courts and to acknowledge the dedication of An Garda Síochána in investigating and tackling this hideous crime.
It was concerning that one of the factors given weight in this latest report was the continued reliance on an assessment made in an earlier TiPs report in relation to the fishing industry. This assessment was fully investigated by An Garda Síochána and no evidence was found to support the allegations of widespread human trafficking in the fishing industry. It is unclear why the State Department chose to place weight on one voice and not to take account of the balance of stakeholder assessment – including assessment by NGOs active in Ireland in tackling human trafficking – that these accusations are without foundation.
The allegations in that regard should be assessed also in the light of the High Court judgment in the case International Transport Workers' Federation v the Minister for Justice and Equality [2018 No. 5398 P] which referred, in refusing an application for an injunction on behalf of the International Transport Federation, inter alia, to 'the extent of reliance by the plaintiff on speculation and the reports of others without applying due process like procedures to those accounts'.
As the Deputy will be aware, Ireland has strong separation of powers and the courts are independent of Government. A High Court judgment cannot be dismissed as an expression of opinion amongst potentially many others, but – unless overturned on appeal – is a conclusive finding of law or fact.
I am hopeful that the State Department will look at this particular issue more objectively when assessing Ireland's ranking for the next TiPs Report.
313. Deputy David Cullinane asked the Minister for Health his views on a matter raised in correspondence (details supplied); if this is in line with his Department’s workforce planning; and if he will make a statement on the matter. [45755/21]
View answerThe Programme for Government commits to the introduction of a statutory scheme to support people to live in their own homes, which will provide equitable access to high-quality, regulated home care. The Department of Health is in the process of developing a statutory scheme for the financing and regulation of home-support. It is intended that the new scheme will provide equitable and transparent access to high-quality services based on a person’s assessed care-needs.
As part of this work, my department is examining the potential demand and cost of introducing such a scheme. Following this, work will be undertaken to examine the associated workforce requirements for the introduction of such a scheme and officials from my department will engage with relevant stakeholders from other sectors as required.
The Department of Health is cognisant of the challenges associated with the recruitment and retention of staff in the home care sector and is committed to working across Government with relevant stakeholders to ameliorate these issues.
The employment permits system operated by the Department of Enterprise Trade and Employment is designed to facilitate the entry of appropriately skilled non-EEA nationals to fill skills and/or labour shortages. This objective must be balanced by the need to ensure that there are no suitably qualified Irish/EEA nationals available to undertake the work. The employment permits system is managed through the operation of the critical skills and the ineligible occupations lists which determine employments that are either in high demand or are ineligible for consideration for an employment permit.
The critical skills and ineligible occupation lists are reviewed twice yearly in a process led by the Department of Enterprise Trade and Employment. It is an evidence-based process that takes account of labour market conditions and submissions from sectors and other stakeholders together with contextual factors, including in the current context, COVID-19. The purpose of the system is to maximise the benefits of economic migration while minimising the risk of disrupting the Irish labour market.
The review of the occupations list for 2021 is currently underway and officials from my department are engaging in discussions with officials from the Department of Enterprise Trade and Employment in respect of submissions received relating to the health sector. The public consultation phase of this review commenced on 1st July 2021 with a closing date for submissions of Thursday, 12th August 2021. The submissions received from the home care sector will be considered by the Department of Health and the Interdepartmental Group for Economic Migration Policy in the context of this review.
314. Deputy Pádraig Mac Lochlainn asked the Minister for Health when the Sláintecare project on the development of a national diabetes register will recommence; and if he will make a statement on the matter. [45757/21]
View answer315. Deputy Pádraig Mac Lochlainn asked the Minister for Health his views on the need for a national diabetes register; the reason there is no current register; and if he will make a statement on the matter. [45758/21]
View answerI propose to take Questions Nos. 314 and 315 together.
In September 2019 Sláintecare Integration funding was allocated to the HSE to design and procure a National Diabetes Registry demonstrator product and develop a full specification plan for a National Diabetes Registry.
The development of a National Diabetes Registry will have a long-term benefit on
- Patient care by facilitating benchmarking of individual care against guideline recommendations and QI feedback to practitioners
- Provision of appropriate health services by providing reliable information to healthcare planners and policymakers.
This project was paused as it was dependent on the input and expertise of key HSE staff who were redeployed onto urgent on-going COVID-19 work. This project remains a priority and, subject to COVID-19, will be revisited in the future.
316. Deputy Michael Healy-Rae asked the Minister for Health the status of an appointment for a person (details supplied); and if he will make a statement on the matter. [45764/21]
View answerUnder 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.
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.
317. Deputy Niamh Smyth asked the Minister for Health if he will request the Health Service Executive to include the maintenance and upkeep of an AED register in the report that the HSE has commissioned on Out of Hospital Cardiac Arrest Strategy of Ireland (details supplied); and if he will make a statement on the matter. [45768/21]
View answerAEDs (defibrillators) are available in many locations across society under the management of various organisations. The maintenance and upkeep of these devices is a matter for the supplying organisations. The HSE is not responsible for the supply or upkeep of AEDs. As such, an AED register would not be within the scope of the Out of Hospital Cardiac Arrest Strategy.
318. Deputy Mairéad Farrell asked the Minister for Health his plans in moving forward with regard to Covid-19 testing sites as testing and tracing efforts remain a key part of a response to the pandemic; if there are plans to expand testing in any capacity to rural areas; and if he will make a statement on the matter. [45769/21]
View answerTesting and contact tracing has been a key component of our response to the pandemic and has been fundamental to identifying the source, and containing the spread of the virus.
The Government is acutely aware of the importance of testing and contact tracing, and how the system has responded to periods of increased demand, including the high demand currently being experienced. The availability of an accessible testing service remains an essential tool in the immediate fight against Covid-19.
Current standing capacity is 175,000 tests per week. 140,000 in Community and Serial Testing, and 35,000 in Acute hospitals. Serial Testing Programmes are ongoing in Nursing Homes, Mental Health Facilities, Food Production Facilities and in Mandatory Quarantine Sites.
The success of our vaccination programme provides an opportunity to consider the national approach to testing and tracing and how it might change in the evolving public health response to the virus. A key priority in planning the future of our testing and tracing model is ensuring that the service is appropriate to the needs of our ongoing response, and we will continue to monitor and amend the testing strategy in line with the epidemiological profile of the disease, its impact on healthcare utilisation and outcomes, and the vaccination status of the population.
The National Public Health Emergency Team (NPHET) has made a number of recommendations for the testing and tracing programme for the coming period, subject to an assessment of the impact of the return to education on the epidemiological profile of the disease.
I have approved a recommendation, for implementation in the coming days, focusing on children in early years and primary education settings to ensure that the education of the children of this country can continue uninterrupted to the greatest extent possible. NPHET has advised that any further potential changes will be subject to ongoing assessment of the prevailing epidemiological conditions, and I will give them consideration at the appropriate time.
It is important to state that people with COVID-19 symptoms, including children in school and childcare settings, should continue to rapidly self-isolate and not attend school/college/workplaces or to socialise until 48 hours after resolution of symptoms.
319. Deputy Rose Conway-Walsh asked the Minister for Health when capital funding will be allocated to Belmullet Hospital for a modular build that will ensure the safety of patients and a maximum of 12 step-down beds can be operated in relation to infection prevention control issues identified during a HIQA inspection of the service at Belmullet Hospital; and if he will make a statement on the matter. [45774/21]
View answerAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
320. Deputy Charles Flanagan asked the Minister for Health the status of the provision of specialised respite services for those affected by Prader-Willi syndrome; and if he will make a statement on the matter. [45776/21]
View answerAs this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.
321. Deputy Brendan Howlin asked the Minister for Health if he will provide funding to appoint a clinical psychologist to each acute hospital diabetes multidisciplinary team; his views on whether psychosocial support in diabetes care is not formally embedded as part of diabetes management; and if he will make a statement on the matter. [45778/21]
View answerDiabetes is a complex condition that can have a profound impact on the quality of life of people living with the condition, the management of emotional and psychological well-being is an important part of diabetes care and self-management. Self-management education programmes such as DAFNE (for people living with type 1 diabetes) and DESMOND and Discover Diabetes (for people living with type 2 diabetes) help provide psychosocial support for many people living with diabetes.
The Model of Integrated Care for Patients with Type 2 Diabetes sets out that diabetes is to be managed within the acute system by the diabetes multidisciplinary team including access to psychology support where available. However, I acknowledge there is a deficit in the number of hospital staff providing psychological services dedicated to diabetes care.
The 2021 National Service Plan recognised the need for an unprecedented expansion of the permanent health workforce through permanent appointments. Funding has been provided for an increase to approximately 135,655 WTE across the health service by December 2021, which is an increase of 15,838 WTE over funded 2020 levels. There is significant workforce recruitment underway. The HSE Pay and Numbers Strategy identifies the specific roles and grades to be hired,
322. Deputy Brendan Howlin asked the Minister for Health if a diabetes psychology resource will be provided to each community diabetes specialist team hub under the integrated model of care for the prevention and management of chronic disease implementation guide; his views on whether access to psychosocial support in these teams should be made available; and if he will make a statement on the matter. [45779/21]
View answerAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
