Written Answers Nos. 108-122
110. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed by the parents of a child (details supplied) to secure citizenship for their child; and if she will make a statement on the matter. [6866/22]
View answerThe Irish Nationality and Citizenship Act 1956 as amended provides that an application may be submitted for a minor if the minor's parents have already been naturalised or if the minor is of Irish descent or has Irish associations or, at the time of their birth, was not entitled to Irish citizenship but has since accumulated five years reckonable residency in the State.
Minors cannot apply for naturalisation in their own right. The application must be made by their parent, legal guardian or person acting on the child's behalf "in loco parentis".
If one or more of the minor’s parents has already been naturalised they should apply using Form 9. If the minor is of Irish descent or has Irish associations they should use Form 10. If the minor was born in the State after 1 January 2005, and was not entitled to Irish citizenship at the time of birth, but has since accumulated five years’ reckonable residence they should use Form 11.
The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
Further information on applying for naturalisation in respect of a minor can be found on my Department's website at www.irishimmigration.ie/how-to-become-a-citizen/become-an-irish-citizen-by-naturalisation/#Minor-Child
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 (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 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.
111. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to regularise their position in the case of a person (details supplied); if the person is eligible to apply for the recently announced scheme for the undocumented; and if she will make a statement on the matter. [6900/22]
View answerThe Regularisation of Long Term Undocumented Migrants Scheme opened for applications on 31 January 2022. Applications will be accepted for six months until 31 July 2022, when the scheme will close. The scheme is only open to those who do not have a current permission to reside in the State and will enable eligible applicants to remain and reside in the State and to regularise their residency status.
Any person who currently has a temporary permission to remain while their application pursuant to the relevant legislation is under consideration or at review stage would not be considered as undocumented and therefore will not meet the criteria for the recently launched regularisation scheme.
The person referred to by the Deputy is a dependent of a person who was issued with a Stamp 4 residence permission which is valid until 22 July 2022. As such, the family are not eligible for the scheme. It may be open to this person to request a Stamp 3 permission after they reach the age of 16 and to register that permission at their local Immigration Office. People under the age of 16 years are exempt from the requirement to register under Section 9(6)(a) of the Immigration Act 2004.
Full details regarding the qualifying criteria, a Frequently Asked Questions (FAQ) document and the required documentation for the Scheme is available on my Department's website at: www.irishimmigration.ie/regularisation-of-long-term-undocumented-migrant-scheme/.
112. Deputy Paul McAuliffe asked the Minister for Justice when the next recruitment for the Garda band will commence; and if she will make a statement on the matter. [6944/22]
View answerAs the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including all matters relating to the recruitment, training and appointment of its members. This responsibility extends to members of the Garda Band. As Minister, I have no role in these matters.
As well as performing at official Garda and State functions, the band is dedicated to the development of good relations between An Garda Síochána and the community it serves. It achieves this through performance of a varied, entertainment-focused programme, which evolves to suit every audience, event or setting. Many Garda Band concerts serve not only as Garda community relations events, but as essential fundraising opportunities for local communities, sports clubs and charities.
In mid 2020, the members of the Garda Band were temporarily transferred to frontline policing duties to assist with the implementation of, and monitoring of adherence to, COVID-19 restrictions. The temporary transfers remained in place until June 2021, when the band members returned to Garda Headquarters to resume band duties as the restrictions were lifted. I understand that the Garda Band has been carrying out limited official and community based engagements since July 2021.
I am advised by the Garda authorities that An Garda Síochána are currently engaging with the Public Appointments Service (PAS) to recruit suitable Garda staff candidates to fill the vacancies which were previously undertaken by professionally trained musicians, who were also serving Gardaí.
Vacancies in the Garda Band, when they do arise, are advertised in the national media and on www.publicjobs.ie and are filled following an interview, test of musical ability, medical examination and character clearance.
113. Deputy Brendan Smith asked the Minister for Justice the present status of the Immigration Investment Programme; if she will ensure that there will be no reduction in potential investment funding for public good projects including the disability, sports and arts sectors; and if she will make a statement on the matter. [6982/22]
View answerThe Immigrant Investor Programme (IIP) was introduced in April 2012 to encourage inward investment and create business and employment opportunities in the State. The IIP provides investors with the opportunity to invest in Ireland. Key to the IIP is that the investments are beneficial for Ireland, generate or sustain employment and are generally in the public interest. To date, more than 1,400 IIP applications have been approved for investment with a value of over €1 billion.
The IIP has been subject to a number of reviews, both internal and external, in recent years and the second phase of the external review is being considered by my officials. Any actions and recommendations beneficial to the IIP will be assessed and evaluated and consideration will be given to their introduction.
In the meantime, applications to the IIP continue to be accepted and examined by an independent Evaluation Committee and, where assessed positively, are submitted to me for approval.
114. Deputy Paul McAuliffe asked the Minister for Justice the status of a stamp 4 renewal application by a person (details supplied). [6990/22]
View answerI can confirm that an application for a Stamp 4 immigration permission from the person referred to by the Deputy has been approved. They can expect to receive their new Irish Residence Permit (IRP) card within the next 10 working 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 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.
115. Deputy Neasa Hourigan asked the Minister for Justice if the Courts Service own the curtilage of the Court House, Washington Street, Cork; if planning permission exists for a car park at the curtilage of the courthouse; and if she will make a statement on the matter. [7006/22]
View answerUnder the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in its functions. However, in order to be of assistance to the Deputy, I have had enquiries made with the Courts Service regarding the Court House on Washington Street in Cork.
I am informed that with the exception of a limited amount of plaza space at the front of the courthouse, the footpaths and on street public parking in the streets surrounding the courthouse are in the ownership of Cork City Council. The area in front of the courthouse indicated by the Deputy belongs to the Courts Service and is used to facilitate parking by travelling judges and contractors providing maintenance services when there is no other available parking at the back of the courthouse. Removable barriers are installed to prevent public parking in this area.
I am further advised that Courts Service local management have undertaken to review the use of this area and will contact Cork City Council with a view to exploring options going forward.
116. Deputy John Lahart asked the Minister for Justice if she has engaged with the Garda Commissioner regarding actions being taken to address the incidence of knife crime. [7106/22]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the management and administration of Garda business under the Garda Síochána Act 2005 (as amended), which includes all operational policing decisions and direction of priorities for An Garda Síochána. Neither Minister McEntee nor I have a role in these independent functions.
Minister McEntee is regularly kept appraised on matters under the Commissioner's remit by Commissioner Harris and his management team, including on matters related to violent crime.
As the Deputy is aware, I established an Expert Forum on Anti-Social Behaviour (ASB) last year. This forum is considering the effectiveness of existing legislation and looking at proposals for new ways forward, including whether new powers for Gardaí and additional interventions to support parenting of offenders are needed. Members of the Forum, which I chair, include An Garda Síochána, Government Departments, community groups, business community members and NGOs.
The Forum is examining a broad range of issues with a focus on developing measures which will counteract the negative impact of ASB on community morale and quality of life. This has included two subgroups established to consider the specific issues of knife crime and the misuse of scramblers and quad bikes. Other subgroups may be established to tackle additional specific issues as required.
The knife crime subgroup is assessing available evidence to inform policy on knife crime, with particular reference to effectiveness of proposals, to inform both legislation and community safety policies, programmes and practices. The work of this subgroup is ongoing and is expected to conclude in Q1 2022.
As the Deputy will be aware, there is a comprehensive and robust legal framework in place in Ireland with respect to knife crime including heavy penalties for breaches of the laws concerned. Indeed, the maximum penalty in the Firearms and Offensive Weapons Act 1990 for a conviction for possessing a knife in a public place without good reason or lawful authority was increased from one to five years in an amendment introduced via the Criminal Justice (Miscellaneous Provisions) Act 2009.
Legislative responses alone will not provide a ready solution and evidence from other jurisdictions indicate that simply adopting harsher penalties will not lead to a reduction in the incidence of these crimes. Our existing five year sentence for knife possession is longer than in the UK, for example, where a four year penalty applies. It is important to note that there are no quick-fix solutions, based on international experience, and longer term, evidence-based strategies are needed.
We will continue to examine all possible options as part of the work of the sub-group, including those undertaken in other jurisdictions, and do our utmost to ensure that our communities are, and feel, safe.
An Garda Síochána run a number of proactive policing initiatives aimed at reducing assaults and improving feelings of community safety, including Operation Soteria (the national assault reduction strategy) and Operation Citizen in Dublin City Centre, which sees increased Garda visibility at peak times and focused on areas where ASB and violent crime incidents have arisen recently in the capital. An Garda Síochána's 'Use Your Brain, Not Your Fists' campaign also highlights the impacts on both victim and perpetrator of an assault.
I would therefore appeal to anyone who believes that carrying or using any form of weapon, be it a knife, or even a fist, to stop and think of the lasting damage and consequences of those decisions. Even if you believe that you are protecting yourself, the lasting impact of an assault is felt long after the blow is struck.
117. Deputy Paul Murphy asked the Minister for Health the way he plans to tackle the long waiting lists for children to receive operations; and the way his Department plans to improve the management of waiting lists for children for operations going forward. [6766/22]
View answerIt is recognised that waiting times for scheduled appointments and procedures have been affected by the Covid-19 pandemic. While significant work continues to positively impact on waiting times and improve pathways to elective care, acute hospitals have been impacted by operational challenges arising from surges in cases related to the Delta and Omicron variants.
The HSE has confirmed to the Department that 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.
It is of particular regret that children can experience long waiting times for treatment especially for time sensitive procedures. As Minister for Health, I am acutely aware of the impact this has on children and their families. Reducing paediatric waiting times remains a Ministerial priority and will be addressed as a key priority area in the 2022 Waiting List Action Plan. Officials in the Department of Health remain in regular contact with Children’s Health Ireland in relation to developing plans to reduce waiting times, improve activity levels, and associated service planning.
The Department of Health continues to work with the HSE and the National Treatment Purchase Fund (NTPF) to identify ways to improve access to care, including through increased use of private hospitals, funding weekend and evening work in public hospitals, funding “see and treat” services, providing virtual clinics, and increasing capacity in the public hospital system.
In addition, the Department of Health, the HSE and the NTPF are also working on a Multi Annual Waiting List Plan to bring waiting lists in line with Sláintecare targets over the coming years. This process will be overseen by a Ministerial Taskforce, chaired by the Secretary General of the Department of Health and includes representatives from the HSE and National Treatment Purchase Fund.
For 2022 an additional allocation of €250 million, comprised of €200 million to the HSE and €50 million to the National Treatment Purchase Fund has been provided in respect of work to reduce hospital and community waiting lists. The €250 million will be used to fund additional activity in both the public and private sectors. The €50 million additional funding provided to the NTPF brings its total allocation for 2022 to €150 million, and as a consequence there will be a budget of €350 million available to support vital initiatives to improve access to acute hospitals and community health services.
118. Deputy David Stanton asked the Minister for Health the details with respect to enhanced community care chronic disease hubs to be established in County Cork; the geographical areas that each hub will cover; the population serviced by each hub; if there will be outreach services provided to towns and areas that are distanced from such hubs; and if he will make a statement on the matter. [6767/22]
View answerAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
119. Deputy Fergus O'Dowd asked the Minister for Health if he will respond to serious concerns raised (details supplied) in respect of additional nursing home charges that has become a widespread scandal across the country; his plans to address these unacceptable charges that are leaving nursing residents without any disposable weekly income; and if he will make a statement on the matter. [6768/22]
View answerThe Nursing Homes Support Scheme (NHSS), commonly referred to as Fair Deal, is a system of financial support for people who require long-term residential care. Participants contribute to the cost of their care according to their means while the State pays the balance of the cost. The NHSS covers the cost of the standard components of long-term residential care which are:
- Nursing and personal care appropriate to the level of care needs of the person
- Bed and board
- Basic aids and appliances necessary to assist a person with the activities of daily living
- Laundry service
A person's eligibility for other schemes, such as the medical card scheme or the drugs payment scheme, is unaffected by participation in the NHSS or residence in a nursing home. In determining the services covered by the NHSS it was considered very important that the care recipient and the taxpayer would be protected and would not end up paying for the same services twice. For this reason, medications and aids that are already prescribed for individuals under an existing scheme are not included in the services covered by the NHSS, as this would involve effectively paying twice for the same service.
Although the NHSS covers core living expenses, residents can still incur some costs in a nursing home, such as social programmes, newspapers or hairdressing. In recognition of this, anyone in receipt of financial support under the NHSS retains at least 20% of their income. The minimum amount that is retained is the equivalent of 20% of the State Pension (Non-Contributory). An operator should not seek payment from residents for items which are covered by the NHSS, the medical card or any other existing scheme.
Part 7 of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 stipulates that the registered provider of the nursing home must agree a contract in writing with each resident on their admission to the nursing home. This contract must include details of the services to be provided to that resident and the fees to be charged. Residents should never be charged fees which are not set out in the contract. The Department of Health and the HSE are not a party to such contracts which are concluded between each resident and their nursing home.
Registered providers of nursing home care are obliged to provide an accessible and effective complaints procedure. Concerns about additional charges should in the first instance be taken up with the nursing home provider. The Office of the Ombudsman can examine complaints about the actions of a range of public bodies and, from 24 August 2015, complaints relating to the administrative actions of private nursing homes. The Office of the Ombudsman normally only deals with a complaint once the individual has already gone through the complaints procedure of the private nursing home concerned.
The Competition and Consumer Protection Commission (CCPC) is an independent statutory body with a dual mandate to enforce competition and consumer protection law in Ireland. CCPC’s mission is to promote competition and enhance consumer welfare. The CCPC has published consumer protection guidelines for contracts of care in long-term residential care services for older people. The guidelines set out the obligations and responsibilities that providers must adhere to under consumer protection law and are aimed at providing greater transparency, clarity and certainty for consumers.
120. Deputy Neasa Hourigan asked the Minister for Health further to Parliamentary Question No. 1719 of 19 January 2022, the population size of the North Lee and South Lee catchments served by a new adult mental health rehabilitation consultant psychiatrist in County Cork; if there will be a full multidisciplinary team working alongside them; the time frame for their recruitment; and if he will make a statement on the matter. [6771/22]
View answerAs this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
121. Deputy Róisín Shortall asked the Minister for Health if he plans to carry out an investigation into the treatment of a person (details supplied) and the circumstances which led to them resigning from the HSE; and if he will make a statement on the matter. [6775/22]
View answerAs this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
122. Deputy Róisín Shortall asked the Minister for Health the number of children on waiting lists for early intervention services by CHO, age category and time waiting in tabular form. [6776/22]
View answerAs this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.
