Written Answers Nos. 152-171
152. Deputy Richard Bruton asked the Minister for Further and Higher Education, Research, Innovation and Science the estimated cost of increasing the postgraduate SUSI fee grant by €1,000 to €5,000 based on the current enrolment numbers. [15519/23]
View answerI recognise that third level education can be a significant cost for families and students.
In addition to once-off cost of living measures, over the course of the past three Budgets, I have delivered a range of enhancements to the Student Grant Scheme to put more money into the pockets of students and their families.
As part of Budget 2023, I have increased the postgraduate fee contribution payment by €500 on 2021 levels from €3,500 to €4,000 effective from September 2023. This was estimated to affect circa 2,400 students at a cost of €1.2m.
The current enrolment numbers are not readily available as SUSI are still processing applications for the 2022/23 academic year and reconciliation of fees for 2022/23 are still ongoing. I have therefore based the estimated cost of increasing the postgraduate fee contribution payment from €4,000 to €5,000 on the aforementioned estimated number of students to benefit from this measure, and estimate that the cost may be in the region of €2.4m.
As I did for the first time last year, it is my intention to publish a cost of education options paper which will set out options for further enhancement of student supports for consideration as part of the Budgetary process in the Autumn.
153. Deputy Richard Bruton asked the Minister for Further and Higher Education, Research, Innovation and Science the estimated cost of increasing the lower income threshold for the full SUSI grant, which is currently €24,500, to €30,000, €40,000 and €45,000, respectively. [15520/23]
View answerThe information requested by the Deputy is not readily available. Colleagues in my Department are engaging with SUSI for a response. My Department will contact the Deputy directly when a response is available.
154. Deputy Holly Cairns asked the Minister for Justice the number of family reunification applications under the terms of the International Protection Act 2015 received by his Department in 2022, by month received, in tabular form; if he will provide the number of decisions issued per month on family reunification for the same period; and if he will make a statement on the matter. [15502/23]
View answerFamily reunification as provided for in the International Protection Act 2015, gives certain family members of a qualified person, the sponsor, an immigration permission allowing them to enter, remain and reside in the State with the sponsor.
An application for family reunification must be made by the sponsor within 12 months of them being granted an International Protection permission and is subject to the provisions of the International Protection Act 2015.
My Department received 760 family reunification applications for 2,245 family members under the International Protection Act 2015 in 2022.
The table below gives the number of applications received, including the number of family members encompassed in those applications, broken down by month.
|
2022 |
Received |
Decision (subjects) |
|
|
Primary Applicants |
Subjects |
||
|
Jan-22 |
80 |
253 |
179 |
|
Feb-22 |
53 |
161 |
76 |
|
Mar-22 |
49 |
143 |
48 |
|
Apr-22 |
53 |
143 |
129 |
|
May-22 |
67 |
246 |
97 |
|
Jun-22 |
71 |
202 |
132 |
|
Jul-22 |
71 |
191 |
146 |
|
Aug-22 |
74 |
199 |
86 |
|
Sep-22 |
81 |
247 |
156 |
|
Oct-22 |
73 |
200 |
187 |
|
Nov-22 |
54 |
154 |
113 |
|
Dec-22 |
34 |
106 |
82 |
|
2022 Total |
760 |
2,245 |
1,431* |
*Decisions issued in any month may relate to applications which were received in a previous month or year due to the time taken to process applications.
Information on how to apply for family reunification as provided for in the International Protection Act 2015 is available on my Department's website here: www.irishimmigration.ie/coming-to-join-family-in-ireland/family-reunification-of-international-protection-holders/
155. Deputy Alan Kelly asked the Minister for Justice the number of gardaí that have retired before full service was completed, by rank and year, in 2020, 2021 and 2022 and as of 23 March 2023, in tabular form. [15546/23]
View answerI have sought the information requested by the Deputy from An Garda Síochána, and will contact him again when this is to hand.
|
A/Comm |
Chf/Supt |
Supt |
Insp |
Sgt |
Garda |
Total |
|
|
2023 |
0 |
0 |
0 |
0 |
0 |
4 |
4 |
|
2022 |
0 |
0 |
0 |
0 |
3 |
16 |
19 |
|
2021 |
0 |
0 |
0 |
0 |
0 |
8 |
8 |
|
2020 |
0 |
0 |
0 |
0 |
0 |
12 |
12 |
|
Total |
0 |
0 |
0 |
0 |
3 |
40 |
43 |
156. Deputy Alan Kelly asked the Minister for Justice the number of trainee gardaí who began training in each of the years 2016 to 2022, inclusive; and the number who completed training and were given Garda powers in the same years, in tabular form. [15547/23]
View answerI have sought the information requested by the Deputy from An Garda Síochána, and will contact him again when this is to hand.
157. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an EU Treaty Rights application in the case of a person (details supplied); and if he will make a statement on the matter. [15571/23]
View answerThe person referred to by the Deputy lodged a review application in respect of their EU Treaty Rights application decision on 28 September 2021. This application is currently under consideration by my Department. My officials will correspond with them if further documentation or information is required.
A letter was issued to the person referred to, to obtain a temporary permission to remain in the State pending the outcome of their review. This issued on 27 March 2023 and is valid to 26 September 2023. This permission is for the duration of the review only, and it should not be considered to be an acknowledgement that this person has a right of residence under EU Treaty Rights. This will be decided in due course when the Review Officer makes a decision on the case.
Applications are dealt with in strict chronological order, and a decision will issue to the applicant in due course. While every effort is made to process these applications as soon as possible, processing times will vary having regard to the volume of applications received, their complexity, the possible need for the EU Treaty Rights office to seek further information in relation to the application and the resources available to process them. Although it is not possible at the present time to provide a definitive date by which a decision will be reached in this case, the Deputy can be assured that there will be no avoidable delay in completing same.
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.
158. Deputy Bríd Smith asked the Minister for Justice if Carlow will have a women's refuge in place as promised in 2024; and if he will make a statement on the matter. [15577/23]
View answerUnder the Third National Strategy on domestic, sexual and gender-based violence we are committed to doubling the number of refuge spaces, bringing it to 280. This will be the fastest ever expansion of refuge spaces.
In addition, and by putting in place the correct structures to deliver additional refuge accommodation, the Government will accelerate the number of refuge spaces that can be opened each year.
Tusla is supporting a process to progress development of a refuge for Co Carlow.
A group of local stakeholders, associated with the local domestic violence network, has established the Carlow Refuge Development Advisory Group. This group is an interim, time-bound structure that has come together to undertake some initial scoping and develop options for appraisal about how best to take forward development of the refuge.
The group has had three meetings to date with further meetings scheduled, and independent consultancy has been engaged to work with the group.
The outcome of the work of the Carlow Refuge Development Advisory Group is what will inform the next steps and the resulting timeline for the development of a refuge.
The process for developing refuges will vary from area to area depending on the configuration of local services and agencies, two key elements are central to progressing with a formal development project:
1. The involvement of a lead organisation with Approved Housing Body (AHB) status, which is a requirement for access to Capital Assistance Scheme (CAS) funding through the Department of Housing.
2. An identified service provider organisation and plan for delivery of services in the new refuge, once completed. If there is not an organisation with capability to deliver these services at the outset, then the plan needs to set out how this capacity can be achieved.
In some instances, a domestic violence service provider organisation may have AHB status and be in a position to demonstrate capacity to operate services or a consortium or partnership arrangement may be required to take forward development of the refuge.
The development of standardised processes and provision of measures to assist with this are part of ongoing work to support the achievement of additional refuge units into the future.
In February, I secured Government approval for the drafting of legislation to create a statutory agency dedicated to tackling and reducing DSGBV.
One of its key responsibilities will be overseeing and supporting the provision of refuge accommodation for victims to help deliver on the commitments I have outlined.
The establishment of the agency will also ensure that there is permanent structure to help deliver further refuge accommodation over the long term.
To assist with this, the new agency will prepare and publish standards for service provision and governance in respect of the DSGBV services and accommodation, and monitor adherence to those standards.
159. Deputy Jackie Cahill asked the Minister for Justice how a South African national who is living in Ireland for a third consecutive year on a stamp 4 residency permit, is married to an Irish citizen and has two children with Irish citizenship can apply for Irish citizenship in order to get an Irish passport; and if he will make a statement on the matter. [15578/23]
View answerThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended, and all applications are processed in line with the eligibility criteria as set out under the Act. Each application is 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.
There are no provisions for the spouse or partner of an Irish citizen to acquire Irish citizenship solely by virtue of a marriage or civil partnership with an Irish citizen. The legal provision that provided for post nuptial citizenship was repealed with effect from 30 November 2005.
Section 15A of the 1956 Act sets out the conditions that apply where the application is based on being the spouse or civil partner of an Irish citizen. The requirements are: that the couple are married or civil partners to each other for a period of at least three years and are living together, and that immediately before the date of application, they have a period of one year’s continuous residence in the island of Ireland and, during the preceding four years, have a further period amounting to two years (i.e. three years in total) legal residence.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended and pay the appropriate fees.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.
160. Deputy Catherine Murphy asked the Minister for Justice if he will provide a schedule of brokers and or companies who acted as brokers for the immigrant investor programme, IIP, scheme to allow persons to invest in projects for visas, and the number outstanding to be processed. [15615/23]
View answer161. Deputy Catherine Murphy asked the Minister for Justice the number of IPP applicants that donated to GAA-related projects over the course of the IIP scheme; and the number outstanding to be processed. [15616/23]
View answer162. Deputy Catherine Murphy asked the Minister for Justice if he will set out the controls that are in place to ensure that all IIP applications are verified. [15617/23]
View answerI propose to take Questions Nos. 160, 161 and 162 together.
As the Deputy is aware, I obtained approval from the Government to close the Immigrant Investor Programme (IIP) to further applications from 15 February 2023.
The closure of the Programme will not affect existing projects or individuals already approved under the programme. My Department will continue to monitor existing approved projects in relation to the delivery and for compliance with the terms of the Programme. Current applications on hand at the time of closure will continue to be considered.
Due to the volume and current triaging, it is not possible at this time to provide a specific number of applications awaiting processing.
The IIP Unit has published a FAQ on my Department's website, which will be updated with any further arising questions from the closure, and is available here: www.irishimmigration.ie/faqs-closure-of-the-immigrant-investor-programme-iip/
My Department has no role in how investors are matched with specific projects or recommending any project. The matching of potential investors with projects are matters for the relevant project owners. Investments approved under the IIP are made directly to the projects concerned and not through the Department of Justice.
The Department is aware that there are a number of agents operating in the IIP field but does not maintain a register of those who assist matching investors to projects. This is a commercial transaction between two parties and any arrangements between them are a matter for those parties. Agent fees are not covered under the IIP programme. As part of the assessment process, the IIP unit routinely seek confirmation from projects that agent fees are not included in their proposal.
As I outlined to the Deputy in PQ 509 on 28 February 2023, all project applications submitted under the IIP are assessed by an Evaluation Committee, composed of senior civil and public servants from relevant Irish Government Departments and Agencies involved in enterprise development in the State. This structure ensures that the Programme benefits from expertise beyond that available in my Department.
The Committee makes a determination as to whether a project is suitable for IIP investment and if deemed suitable, the proposed project and individual’s investor application will be submitted to the Minister for final approval.
Given the significant immigration benefits accruing to successful applicants under the programme, all such persons are subject to rigorous screening by the IIP Unit as to their suitability during the application process. This screening includes due diligence and sanction checks in respect of applicants, and reputable international databases are accessed for this purpose, as and when required. These rigorous checks are aimed at protecting the integrity of the programme and the State’s interests.
My Department does not currently publish the details of individual approved IIP investments. However, any projects associated with GAA would be captured under the Endowment fund.
Approved applications by Investment type and value.
|
Investment Type |
Total Applications Approved |
Total Value of Investment |
|
Enterprise |
876 |
740,200,000 |
|
Investment Fund |
243 |
225,000,000 |
|
REIT |
6 |
12,000,000 |
|
Endowment |
546 |
220,900,000 |
|
Bond & Mixed Investment* |
56 |
53,950,000 |
|
TOTAL |
1,727 |
1,252,050,000 |
* Government bond and Mixed investment options were suspended in 2016.
163. Deputy Carol Nolan asked the Minister for Justice if he will provide in tabular form and by county the number of checkpoints conducted by An Garda Síochána to ascertain immigration status in each year from 2018 to date; the number of individuals found to be in breach of immigration requirements at these checkpoints; the actions taken in response to this; and if he will make a statement on the matter. [15676/23]
View answerThe State has a duty to protect its borders and following examination, ensure that all persons arriving at the borders of the State are entitled to enter the State. This is a fundamental exercise of State sovereignty, which is necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is at all times subject to the law and to respect for individual rights.
The Border Management Unit (BMU) of my Department has responsibility for frontline immigration duties at Dublin Airport only. Other ports of entry, including the land border with Northern Ireland, are the responsibility of the Garda National Immigration Bureau (GNIB).
Garda checkpoints are generally multi-functional, with Gardaí dealing with any legislative breaches or criminality that they encounter, including immigration legislation.
An Garda Síochána does not record the number of times persons are determined to be in compliance with the law. For example, no records are kept of enquiries on establishing someone’s identify for immigration purposes if there is no offence disclosed.
164. Deputy Michael Lowry asked the Minister for Justice concerning the firearms expert committee, if he has received correspondence (details supplied) from an association regarding the firearms expert committee's proposed recommendations and amendments for persons in receipt of a firearms licence; if he will meet with the organisation ; and if he will make a statement on the matter. [15699/23]
View answerAs the Deputy may be aware, the Firearms Expert Committee (FEC) was established in June 2022 on a non-statutory basis, with representation from stakeholders, my Department and An Garda Síochána. The purpose of the FEC was to serve in an advisory capacity to me as Minister, providing guidance on a wide range of matters related to firearms licensing in the State. In line with its comprehensive terms of reference, which were made publically available, the FEC was tasked with making recommendations on a range of firearms matters for my subsequent consideration.
I can inform the Deputy that the correspondence from the named organisation requesting a meeting regarding the FEC’s recommendations has been brought to my attention. However, the final meeting of the FEC took place on 3 March, 2023, and its reports have been submitted to me today. As I have emphasised throughout the process, any proposed changes to policy or legislation arising from any of the recommendations by the FEC will of course be subject to prior consultation with firearms stakeholders. I therefore intend to publish the reports in full very shortly and engage in wider consultation.
An immediate meeting with the named group prior to publication of the finalised reports would pre-empt this process. However, I look forward to receiving the input of the named group during this wider consultation and remain open to meeting interested parties in due course.
165. Deputy Michael Creed asked the Minister for Justice his views on the establishment of the firearms expert committee in his Department in June of 2022, the focus and purpose of this committee; the number of times it has met; the agenda items considered at each of its meetings; the expert witnesses invited to attend each of its meetings; the reason the Firearms Users Representative Group, FURG, and other representative bodies have been excluded from input to the committee to date; if this representative body will be invited to attend the next meeting of the committee; and if he will make a statement on the matter. [15700/23]
View answerThe Firearms Expert Committee (FEC) was established on a non-statutory basis, with representation from stakeholders, my Department and An Garda Síochána. The purpose of the FEC was to serve in an advisory capacity to me as Minister, providing guidance on a wide range of matters related to firearms licensing in the State. In line with its comprehensive terms of reference, which were made publically available, the FEC was tasked with making recommendations on a range of firearms matters for my subsequent consideration.
The FEC was made up of five members: an independent Chairperson, a representative of An Garda Síochána, a representative of the Department of Justice, and two non-governmental Ordinary Members having experience of firearms. This structure was chosen to give balanced representation to both governmental and non-governmental stakeholders. Appointment to the FEC was conducted in line with the process advised in the expressions of interest document, which was published on the Department of Justice’s website and shared with various stakeholder organisations. As was advised therein, the Ordinary Members of the FEC were appointed on a personal basis only and not as formal representatives of a particular body or group. I would point out, however, that both of the Ordinary Members appointed are Registered Firearms Dealers and are, or have been, members of national firearms organisations.
Over a period of nine months, the FEC held nine in-person Committee meetings, in addition to one videoconference with representatives of the PSNI firearms licensing branch and one final videoconference Committee meeting concerning the finalisation of the reports. Reports of the in-person Committee meetings, detailing the items of discussion, were published on the Gov.ie website following the conclusion of each meeting and are publically available. The report of the ninth meeting will also be made available on Gov.ie shortly. The FEC heard from a number of expert witnesses during the course of its meetings: officials from the National Parks and Wildlife Service; two experienced licencing officers from An Garda Síochána; officials from the PSNI firearms licencing branch; and officials from the Northern Ireland Office. The FEC further considered a number of submissions that were made to the committee. There is no question of the Committee having sought to exclude input from the group referred to by the Deputy; however, I am informed that no submission was received from it.
I can inform the Deputy that the final meeting of the FEC took place on 3 March, 2023 and its reports have been submitted to me today. As I have emphasised throughout the process, any proposed changes to policy or legislation arising from any of the recommendations by the FEC will of course be subject to prior consultation with firearms stakeholders and I therefore intend to publish the reports in full very shortly.
166. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed to regularise the status of a person (details supplied); and if he will make a statement on the matter. [15719/23]
View answerThe person referred to by the Deputy does not currently hold a valid immigration permission to remain in the State and there is no application on hand awaiting processing.
It is important that persons keep their immigration permission up to date if they wish to continue to reside in the State. Where a person remains resident in the State without an immigration permission, I encourage them to contact the Immigration Service Delivery (ISD) or their local immigration office and to take all the appropriate steps to regularise their status.
Any application submitted should explain their current circumstances and future intentions in the State and provide any documentation they feel will support their application.
In all cases, people must engage with the authorities if they wish to be permitted to remain here legally.
The Immigration Service Delivery (ISD) examines each application to remain in the State on a case-by-case basis and has consistently urged anyone in this position to come forward if they wish to apply to regularise their immigration position in the State.
Queries in relation to the status of individual immigration cases may be made directly to my Department by email 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 email service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
167. Deputy Jennifer Whitmore asked the Minister for Health why workers (details supplied) were excluded from the pandemic special recognition payment; and if he will make a statement on the matter. [15649/23]
View answerAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly.
168. Deputy Emer Higgins asked the Minister for Health if he will provide an update on plans to introduce publicly funded IVF. [15880/23]
View answer171. Deputy Holly Cairns asked the Minister for Health if he will provide greater clarity on how the publicly funded IVF treatment system will work, including: how the funding will be distributed; how many cycles will a patient be able to avail of; if patients will only be able to avail of public treatment via a GP referral or will be able to self-refer; if there will be age or BMI restrictions; and if he will make a statement on the matter. [15505/23]
View answer181. Deputy Jackie Cahill asked the Minister for Health if he will provide an update on his work to introduce free IVF treatment; and if he will make a statement on the matter. [15573/23]
View answer204. Deputy Michael Lowry asked the Minister for Health if he will provide an update on and define the qualifying criteria for publicly funded IVF fertility treatment as outlined in the programme for Government; if people who pay for IVF treatment between now and September 2023 will be reimbursed for their costs starting in September 2023, given his stated plan to start providing interim public support for IVF treatment via private clinics in September 2023 and the urgency of receiving IVF treatment; and if he will make a statement on the matter. [15693/23]
View answerI propose to take Questions Nos. 168, 171, 181 and 204 together.
As the Deputy may be aware, the Model of Care for Fertility was developed by the Department of Health in conjunction with the HSE’s National Women & Infants Health Programme (NWIHP) in order to ensure that fertility-related issues are addressed through the public health system at the lowest level of clinical intervention necessary.
This Model of Care comprises 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 (in-vitro fertilisation), ICSI (intra-cytoplasmic sperm injection) and other advanced assisted human reproduction (AHR) treatments), with patients being referred onwards through structured pathways.
Phase One of the roll-out of the Model of Care has involved the establishment, at secondary care level, of Regional Fertility Hubs within maternity networks, in order to facilitate the management of a significant proportion of patients presenting with fertility-related issues at this level of intervention. The completion of Phase One of the roll-out of the Model of Care, envisaged later this year, will result in fully operational Regional Fertility Hubs at six locations across the country. Phase Two of the roll-out of the Model of Care will see the introduction of tertiary fertility services, including IVF, provided through the public health system. In this regard, funding was secured in Budget 2023 to support access to advanced AHR treatments, including, crucially, to allow the commencement of Phase Two of the roll-out of the Model of Care. This investment will facilitate the first steps to be taken towards the provision of a complete publicly-provided fertility service, which is the ultimate objective of Government. In particular, it will allow the historic development of the first National Advanced AHR Centre, delivering IVF and ICSI through a wholly public clinic. This is scheduled to open in the early part of 2024 and will provide a nationwide service, with all six Regional Fertility Hubs having equity of access for onward referral to it, via a shared care pathway. Subject to the provision of additional funding in future, it is envisaged that additional National Advanced AHR Centres will be developed and become operational on a phased basis elsewhere in the country.The 2023 allocation is also being utilised to support the Regional Fertility Hubs in order to expand their scope of services later this year by introducing the provision of IUI (intrauterine insemination), which can, for certain cohorts of patients, be a potentially effective, yet less complex and less intrusive, type of AHR treatment.
Separately, as an interim measure, I have instructed that some funding be made available to support access to advanced AHR treatment via private providers from September 2023. My officials, in conjunction with NWIHP, are continuing to actively prepare for the operationalisation of both the publicly- and privately- provided service, including finalising a national eligibility framework and determining how the interim funding for private treatments will be provided to individual eligible patients. However, as the design and scope of this final phase of the Model of Care for Fertility have not yet been finalised, the Department is not in a position at this juncture to provide details in respect of, for instance, any specific criteria to be utilised for accessing advanced AHR treatment, or the precise mechanism by which the support will be delivered. Overall, my Department and the Government is fully committed, through the full implementation of the Model of Care for Fertility, to ensuring that patients always receive care at the appropriate level of clinical intervention and then those requiring, and eligible for, advanced AHR treatment such as IVF will be able to access same through the public health system. The underlying aim of the policy to provide a model of funding for AHR, within the broader new AHR regulatory framework, is to improve accessibility to AHR treatments, while at the same time embedding safe and appropriate clinical practice and ensuring the cost-effective use of public resources.
169. Deputy Holly Cairns asked the Minister for Health if he will outline the routes available to persons wishing to report alleged abuse in nursing homes. [15503/23]
View answer170. Deputy Holly Cairns asked the Minister for Health the steps he is taking to tackle abuse in nursing homes. [15504/23]
View answerI propose to take Questions Nos. 169 and 170 together.
Safeguarding adults who may be at risk of abuse, harm, and neglect by others in the context of their interactions with the health and social care sector, including in nursing homes, is a key objective of the Department of Health, every statutory body under its aegis and every relevant service that interacts with such adults.
In the health and social care sector, a framework of standards, policies and procedures for safeguarding adults who may be at risk of abuse, harm, neglect, and exploitation within the sector, including in nursing homes, is in place, and further measures are being developed to strengthen this framework.
Existing governance measures
Key governance provisions currently in place include:
- The significant inspection and other regulatory powers of the Health Information and Quality Authority (HIQA) and the Mental Health Commission in relation to the quality and safety of healthcare and social care provision generally (under the Health Act 2007 and the Mental Health Acts).
- The roles of health and social care professional regulatory bodies (including CORU, the Irish Medical Council, the Nursing and Midwifery Board of Ireland, the Dental Council of Ireland and the Pharmaceutical Society of Ireland) in relation to, inter alia, professional registration requirements and professional codes of conduct.
- Joint National Standards for Adult Safeguarding developed by HIQA and the Mental Health Commission and approved by the Minister for Health, that apply to all regulated health and social care centres.
HIQA has advised that:
- It takes a proactive approach to inspecting the provider systems in place for safeguarding residents.
- All statutory notifications of abuse are reviewed, risk rated by an inspector of social services and a decision taken as to the regulatory action required as soon as possible and no later than 5 days following receipt of the information.
- Safeguarding is reviewed on inspection and inspector will speak with residents, relatives and staff.
- In all situations, the Chief Inspector continues to monitor the actions of the provider to ensure they are effective in addressing the safeguarding concerns and ensuring that residents are supported and safeguarded.
- The Chief Inspector can, and has, taken further action, up to and including the cancellation of registration, where providers fail to sustain improvements to residents’ safety.
- All inspectors of social services receive training as part of their role which includes how to assess compliance with safeguarding regulations.
- In addition to having published the National Standards for Adult Safeguarding in 2019, HIQA together with the Mental Health Commission have developed online resources to support staff working in services has developed and 27,976 people have completed the online Adult Safeguarding course since it was launched.
- HIQA, along with a number of other organisations, strongly supports the work of the Department of Health on the development of safeguarding policy for the sector and related underpinning legislation.
In addition, significant regulatory reform has been undertaken or is under way in conjunction with HIQA in line with the COVID-19 Nursing Home Expert Panel’s recommendations and lessons from the pandemic. In this regard,
- The Department of Health entered a new contract for the continued delivery of the Patient Advocacy Service (PAS) and the expansion of the service to residents in private nursing homes, effective from 1 November 2022.
- The PAS service was available already under the previous contract to residents in Health Service Executive (HSE) and voluntary nursing homes.
- The PAS service provides a free and independent national service which helps people using healthcare services to make a formal complaint regarding the care they have received.
- PAS is a critical support service for patients, residents, and their families who have been through a serious patient safety incident or who are making a complaint about healthcare services.
- The PAS will extend its services this year on a phased basis to private nursing homes, with the focus initially on building awareness of the service.
- To support this extension of the service to private nursing homes, amendments were made in December 2022 to the Regulations on Care and Welfare of Residents in Designated Centres for Older People to provide clarity on residents’ right of access to independent advocacy services, and came into effect at the start of March 2023.
- The Regulations were also amended to enhance and standardise requirements in relation to complaints processes, including introducing prescribed timeframes and requirements so that key personnel are suitably trained to deal with complaints.
- Funding was provided to the HSE in 2022 to recruit a Social Worker and a Social Worker Team Leader in all nine Community Health Organisations (CHOs) to work with the safeguarding teams/Community Response Teams currently in place in the CHOs. 12 of the 18 staff have been recruited / positions have been filled.
- Funding has been made available in 2023 to provide for the recruitment/filling of outstanding positions.
Existing operational safeguarding measures
The existing framework also includes a range of operational structures and procedures, including in particular the HSE’s national operational adult safeguarding policy Safeguarding Vulnerable People at Risk of Abuse – Policy and Procedures (2014) , which is in place primarily in all HSE and HSE-funded social care settings. The HSE has put in place a range of structures and processes to support and further develop its national operational adult safeguarding policy, including:
- A HSE National Safeguarding Office leading policy development and oversight.
- Clear guidelines set out in the existing policy for HSE and HSE-funded staff to follow in cases of suspected abuse or neglect of adults at risk (including a “zero tolerance” approach to abuse, meaning that abuse must be reported by staff in all instances).
- An adult safeguarding policy and procedures training programme, and a requirement that staff must attend training (the training is also accessible to non-HSE and HSE-funded services).
- A specialist Safeguarding and Protection Team in each of the 9 HSE Community Healthcare Organisation areas.
- Over 2,000 designated safeguarding officers nominated by service providers and provided with additional training.
- Implementation planning for a revision by the HSE of its operational adult safeguarding policy which is expected to extend the policy beyond the social care pillar and to all HSE and HSE-funded services.
Cross-sectoral legislative provisions relevant to adult safeguarding are also applied throughout the health and social care sector, including, for example, legislation on vetting and on obligations to report information to An Garda Síochána of about the commission or suspected commission of certain offences against vulnerable adults or against children.
Policy and legislation development – health sector
The Department of Health remains committed to ensuring that the best possible safeguards are in place to protect any of our service users who may be at risk of abuse, including such services users in any setting where health or social care services are provided to them (for example residential care services, acute hospital services, services in non-acute hospitals and units, home support services, day care services and primary care services).
Work to develop health sector adult safeguarding policy and legislation, building on the robust structures already in place, is at an advanced stage. The policy will apply to all public, voluntary and private healthcare and social care settings and agencies under the Department’s remit.
Significant policy development work has been undertaken to date, including completion of the stakeholder consultation and primary evidence development phases of this major and complex policy project:
- A high-level inter-sectoral Steering Group was established to assist the Department in its development of the policy.
- The Department commissioned the Institute of Public Health (IPH) to undertake focus groups with cohorts of health and social care service users who may be affected by the national adult safeguarding policy for the health and social care sector, to ensure their voices are heard during policy development. A total of 12 focus groups were held, with 82 participants, between November 2019 and March 2020. The report was published in February 2021.
- The Department engaged with key stakeholders in relation to the development of the national sectoral policy and the resulting output pack detailing stakeholders’ feedback is posted on the Department’s website.
- An independent international research evidence review to inform the policy for the sector was commissioned by the Department and published in February 2021.
- Updates and related papers such as presentations to the Steering Group and discussion papers on the policy content are published on the Department's website.
The Department is now preparing for a public consultation and costing study on a draft health sector policy on adult safeguarding and aims to submit a costed draft policy to Government for its approval later this year. Subject to Government approval of this national sectoral policy, legislation as required to underpin the approved policy will thereafter be prepared. The introduction of safeguarding legislation remains a priority for me.
Further regulatory framework reform
The Government is committed to the reform of the regulatory framework governing nursing homes and has approved the inclusion of a Health (Amendment) Bill on its legislative agenda. The General Scheme of this Bill was published in October 2022 and pre-legislative scrutiny by the Oireachtas Joint Committee on Health completed on 6 December 2022.
The purpose of the Bill is to introduce legislation to amend the Health Act 2007, to enhance aspects of the regulatory framework for designated centres regulated under the Act. The ultimate objective of these proposals is to drive improvements for people living in these centres.
A key driver for this legislation is the report of the COVID-19 Nursing Homes Expert Panel, which made a series of recommendations, not only in relation to the response to COVID-19, but also in relation to reform across the nursing home sector. The Bill addresses the Panel’s recommendations regarding the requirement to modernise and enhance the regulatory framework governing nursing homes and the need for mandatory reporting of data by nursing home providers.
The need for reform of the regulatory framework has also been identified in a number of reports from HIQA. It has been agreed that a programme of regulatory reform in the nursing home sector will be pursued on a phased basis, with initial enhancements provided for in this legislation.
The intention is that the initial enhancements addressed by the Bill will span two thematic areas: firstly, providing for a broader suite of enforcement tools available to the Chief Inspector of Social Services and secondly, the collection, sharing and publication of key data on designated centres. Drafting of the Bill by the Office of the Parliamentary Counsel is ongoing.
As part of a second phase of work, the Department will undertake a further, more comprehensive review of the regulatory framework.
Reporting routes
HIQA has advised as follows regarding available reporting routes in relation to alleged abuse in nursing homes:
- All providers of nursing homes are required to have in place policies and procedure to ensure residents are protected from abuse.
- Training for staff is required to ensure that they can recognise, respond to and report any suspected abuse or allegations of abuse.
- In situations where substantiated safeguarding issues are identified, providers are required to take action to ensure the safety of residents.
- If immediate risks to the safety of residents are identified, providers must take immediate action to address these issues and to prevent a recurrence and this can also include where required referral to An Garda Síochána.
- Registered providers are also encouraged to engage the expertise of the local safeguarding teams.
- In addition providers are required to notify the Chief Inspector in HIQA of any suspected, alleged or actual abuse within 3 days in line with regulatory requirements.
- If staff in a centre are concerned that a provider has not taken appropriate action, they can contact the HIQA concerns team.
- All concerns are logged and passed to an inspector of social services to assess and respond to.
As the question of available reporting routes in relation to alleged abuse in HSE or HSE-funded nursing homes is an operational matter, I have referred the question in that regard to the HSE for direct response to you.
Finally, it is important to note that if a case of abuse is suspected to be a criminal matter, it should also be reported to An Garda Síochána for investigation and appropriate action.
