Written Answers Nos. 115-134
115. Deputy Darren O'Rourke asked the Minister for Justice the number of cases that the Meath divisional drugs unit has dealt with in the years of 2020, 2021, 2022 and to date in 2023, in tabular form. [31472/23]
View answerAs the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics. The CSO produces these statistics using data recorded on An Garda Síochána’s PULSE system and makes regular releases under reservation in relation to various crime statistics. The CSO also continues to work with An Garda Síochána to address quality issues in the underlying sources used to compile the statistics.
I hope the Deputy will appreciate that the breakdown by unit level is not available, however, figures in respect of drugs offences in the Meath division can be found on the CSO website at the link below.
data.cso.ie/table/CJQ06
116. Deputy Darren O'Rourke asked the Minister for Justice the percentage of members of An Garda Síochána who have a competency-based driving permit at Level 4. [31473/23]
View answerI have contacted An Garda Síochána for the information requested by the Deputy, regretfully this information was not available in time. I will write to the Deputy once the information is to hand.
117. Deputy Brendan Howlin asked the Minister for Justice if she is aware of the difficulties being experienced by non-EEA health care assistants in acquiring permission from her Department for family reunification for spouses and children (details supplied); her plans to address this issue; and if she will make a statement on the matter. [31517/23]
View answerI recognise and acknowledge the crucial role front-line workers play in the delivery of our healthcare system. They work in a challenging environment and deal with vulnerable people on a daily basis.
The position in regard to applications of this nature is set out in the Policy Document for Non-EEA Family Reunification, which is available on my Department's website. The policy, which was last amended in 2016, is currently under review.
The policy document sets out the rationale for applying resource requirements as part of the overall assessment of whether to approve an application for family reunification. In general terms, the sponsor must demonstrate their capacity to provide for their family member(s) if they are to be granted a permission to come to Ireland.
As a guideline, Category B sponsors such as those on General Employment Permits, regardless of occupation, must have a gross income in excess of that applied by the Department of Social Protection (DSP) in assessing eligibility for the Working Family Payment (formerly Family Income Supplement). In examining such applications, my Department applies the DSP income levels current at the time of assessment.
It is also open to the spouse of an applicant to make an application for an employment permit in their own right, independent of their partner's permission.
118. Deputy Paul Murphy asked the Minister for Justice if, in relation to the OASA Review Group Report, she will make a commitment to implement the Review Group’s recommendations; and if she will provide a timeline for implementation. [31546/23]
View answerLast week, following their consideration by Government, I published the majority report and the minority report of the Independent Review Group appointed to examine all aspects of the Offences Against the State Acts.
The Acts are Ireland's primary counter-terrorism legislation. They have and continue to serve the State well in tackling subversives and organised crime and fulfil a vital role in our criminal justice system.
Given their importance over many decades any proposals for reform must be thoroughly considered and approached with the utmost care.
There is much to digest in the majority’s package of recommendations and also in the perspective of the minority, and it is important, as I have said, to take the time to consider carefully how best to proceed.
With this in mind, I have asked my officials to consult with other Government Departments and the Garda Commissioner, the Office of the DPP and the Courts Service to inform the preparation of a substantive response for consideration by Government in due course.
I have also asked my officials to consult with the Irish Human Rights and Equality Commission to ensure that a broad human rights perspective is captured.
I intend in the short term to take two other initiatives in response to the work of the Review Group:
I intend to discuss with my officials the matter of jury reform to see if any measures – short of non-jury trials – can be identified which might in certain cases mitigate the risk of intimidation or other interference.
I also intend, having regard to the concern of the majority and the minority in relation to the limited data available in respect of the operation of the Special Criminal Court and the extent of jury and witness intimidation, to engage with the relevant agencies and offices to identify what improvements can be made in the collection and publication of data relating to these matters to support independent scrutiny and promote public confidence.
I can assure the Deputy that I am fully committed to considering the reports and returning to Government with a response in due course.
119. Deputy Eoin Ó Broin asked the Minister for Agriculture, Food and the Marine for an update on the review of the use of metaldehyde as a plant protection product (details supplied); and if he will make a statement on the matter. [31460/23]
View answerMetaldehyde is currently approved at EU level, as an active substance for use in plant protection products. Whilst the approval was due to expire on 31 May 2023, European Commission Implementing Regulation (EU) 2023/918 extended this approval to 31 August 2026. This extension was agreed by the EU Member States to allow Poland, the rapporteur Member State, finalise its risk assessment on the substance.
Following completion of the risk assessment and subsequent peer review by the European Food Safety Authority and the Member States, a decision will be taken on the renewal of the approval of the active substance beyond 31 August 2026.
120. Deputy Eoin Ó Broin asked the Minister for Agriculture, Food and the Marine for an update on the roll-out of a national campaign for the collection of farm hazardous waste and an amnesty for banned substances such as carbofuran (details supplied); and if he will make a statement on the matter. [31461/23]
View answerThe Department is continuing to work closely with the Department of the Environment, Climate and Communications, the Environmental Protection Agency and other stakeholders to develop a plan for suitable national collection and transfer of farm hazardous wastes including stocks of plant protection products which are no longer authorised. Work is being progressed by the departments to identify the most suitable option. Following this, consultation will take place with relevant stakeholders to consider appropriate implementation.
121. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine if he will ensure that funding is allocated from the Brexit Adjustment Reserve for primary farm producers, in view of the challenges posed by Brexit for the farming sector; and if he will make a statement on the matter. [31481/23]
View answerThe Brexit Adjustment Reserve (BAR) provides financial support to the most affected Member States to counter the adverse economic, social, territorial and, where appropriate, environmental consequences of the withdrawal of the UK from the EU.
Expenditure under the BAR must demonstrate a direct link to the negative impact of the withdrawal of the UK from the EU, and failure to do so will see the European Commission deem expenditure ineligible.
I have applied these criteria when identifying impacts from Brexit on the agriculture and fisheries sectors. To date some €278m has been allocated to my Department for schemes to support the agriculture and fisheries sectors in addressing negative impacts of Brexit.
This includes funding for measures to support livestock and horticulture farmers (including specific schemes for the mushroom and potato sectors) as well as our fishers and fishing communities.
I remain committed to considering additional measures which seek to address negative impacts on producers which can be clearly attributed to Brexit and which meet the eligibility criteria of the Brexit Adjustment Reserve. It is important to highlight however that as the eligibility period for BAR funding closes at the end of this year any such negative impacts and proposed measures to address these impacts are identified and submitted to my Department as soon as possible.
122. Deputy Neasa Hourigan asked the Minister for Agriculture, Food and the Marine the number of non-coursing greyhounds who were microchipped and registered on the RCETS whose year of birth was 2021. [31530/23]
View answerRásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine.
The question raised by the Deputy is an operational matter for RCÉ and, therefore, the question has been referred to the body for direct reply.
123. Deputy Neasa Hourigan asked the Minister for Agriculture, Food and the Marine the number of non-coursing 'un-named' greyhounds recorded as 'dead' on RCETS whose year of birth was 2021. [31531/23]
View answerRásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine.
The question raised by the Deputy is an operational matter for RCÉ and, therefore, the question has been referred to the body for direct reply.
124. Deputy Fergus O'Dowd asked the Minister for Children, Equality, Disability, Integration and Youth the number of reports of alleged sexual abuse of residents in designated residential disability centres that HIQA has received since 2021 directly through unsolicited concerns and through its inspection work; the breakdown on the source of the allegations; the number of said reports that HIQA subsequently reported to An Garda Síochána; and if he will make a statement on the matter. [31405/23]
View answerThe information requested by the Deputy is being collated by Department officials and a deferred reply will be submitted within ten working days.
125. Deputy Bríd Smith asked the Minister for Children, Equality, Disability, Integration and Youth if he intends to hold any review of the workings of the Employment Equality Acts 1998-2015 or the Equality (Miscellaneous Provisions) Act 2015, specifically in relation to the rights of people with disabilities to take cases relating to workplace discrimination; and if he will make a statement on the matter. [31465/23]
View answerThe Employment Equality Act 1998 and the Equal Status Act 2000 prohibit discrimination and harassment on specified grounds, including that of disability, in the field of employment and in the access to and supply of goods and services, respectively. The Acts place obligations on employers and service providers to take reasonable steps to accommodate the needs of people with disabilities.
The ongoing review of the Equality Acts is examining the operation of the Equality Acts from the perspective of the person taking a claim under its redress mechanisms. It is further examining the degree to which those experiencing discrimination are aware of the legislation and whether there are practical or other obstacles which preclude or deter them from taking an action.
In July 2021, my Department undertook a public consultation process as part of the review of the Equality Acts to examine the functioning of the Acts and their effectiveness in combatting discrimination and promoting equality. A report summarising the key issues raised in the public consultation will be published in the coming weeks. It is hoped that legislative proposals arising from the review will be brought forward later this year.
126. Deputy Denis Naughten asked the Minister for Children, Equality, Disability, Integration and Youth the number of minors taken into State care in 2020, 2021, 2022 and to date in 2023 respectively; the number of children accommodated within the foster care system in each year; the number of children who went missing from State care in each year; the type of accommodation they went missing from; the number of children who were subsequently returned to State care; and if he will make a statement on the matter. [31400/23]
View answerAs this relates to Tusla operational matters, the question has been forwarded to Tusla for direct reply to the Deputy.
127. Deputy Aodhán Ó Ríordáin asked the Minister for Children, Equality, Disability, Integration and Youth the Government’s position on implementing the recommendations of the recent report titled: ‘Review of Children’s Rights and Best Interests in the Context of Assisted Human Reproduction (AHR) and Surrogacy in Irish Law’; and if he will make a statement on the matter. [31403/23]
View answerThe Special Rapporteur published the report “Review of Children’s Rights and Best Interests in the Context of Assisted Human Reproduction (AHR) and Surrogacy in Irish Law” in December 2020. The report comprises issues relating to parentage and the right to identity in donor-assisted human reproduction (DAHR) and surrogacy carried out in this jurisdiction and abroad. Surrogacy and DAHR undertaken abroad give rise to a range of legal, ethical and social issues, and concern areas of law that intersect across the remits of several Government Departments. Since the publication of the report, my Department has been working with the Departments of Health and Justice in respect of these policy areas.
As the Deputy is probably aware, the Health (Assisted Human Reproduction) Bill 2022 passed Second Stage in the Dáil in March 2022 and has been referred to the Select Committee on Health for Third Stage.
This legislation, brought by the Minister for Health, encompasses the regulation, for the first time in this country, of a wide range of assisted human reproduction (AHR) practices, including domestic altruistic surrogacy. The published Bill does not contain provisions to regulate surrogacy arrangements undertaken in other jurisdictions.
In January 2022, the Government agreed that issues relating to international surrogacy required further detailed consideration and agreed to the establishment of a Special Joint Oireachtas Committee on International Surrogacy. The Special Rapporteur appeared before that Committee, as did a range of stakeholders and officials.
Following the publication of the Final Report of the Special Oireachtas Joint Committee on International Surrogacy, an Inter-Departmental Group was established to review the Report’s recommendations, along with other relevant matters, with the aim of determining an agreed policy position and suitable next steps, in the form of a Policy Paper and appropriate outline legislative proposals.
In mid-December 2022, the Government approved a policy approach in respect of both the regulation of international surrogacy and the recognition of certain past surrogacy arrangements (domestic and international). It also approved outline legislative proposals for inclusion in the Health (Assisted Human Reproduction) Bill 2022.
The formal drafting of these legislative provisions by the Office of the Parliamentary Counsel, in conjunction with the three relevant Departments (Health, Justice and Children, Equality, Disability, Integration and Youth), is at an advanced stage.
The new provisions will need to be approved by Government following the completion of this process.
It is crucial that the final detailed provisions are robust and able to withstand rigorous scrutiny, given, for instance, the range of complexities involved, the rights of the various parties involved in surrogacy arrangements, and the necessity to ensure consistency with any related existing legislation on the Statute Book.
It is intended that the new parts dealing with international surrogacy as well as recognition of certain past surrogacy arrangements will be introduced into the Health (Assisted Human Reproduction) Bill at Committee Stage.
I wish to reiterate my commitment to achieving the goal of providing for a route to formal recognition by the State of past surrogacy arrangements or surrogacy arrangements in other jurisdictions.
128. Deputy Carol Nolan asked the Minister for Children, Equality, Disability, Integration and Youth if he or his Department have engaged with Tusla to discuss the issues highlighted in reports (details supplied) of the alarming levels of exploitation being experienced by children in the agency’s care; and if he will make a statement on the matter. [31412/23]
View answerI welcome the ‘Scoping Study on the Sexual Exploitation of Children and Young People in Ireland’ conducted by UCD. The findings outlined in the report are alarming.
Since the report was published, my Department has been working closely with Tusla senior management on the matters raised in the report. My Department will prioritise a review of the findings of this scoping report and its recommendations urgently.
I also note a number of key developments by Tusla in this area in recent years including the introduction of its child sexual exploitation procedure and its continuing close liaision with An Garda Síochána, including having a Principal social worker based permanently with Garda National Protective Bureau services.
The study is an important piece of research into the sexual exploitation of children by potentially organised groups in our society. Close liaison into the study’s findings will take place by Tusla with An Garda Síochána. My Department Officials will also work with the Department of Justice to review the findings and recommendations of this report.
129. Deputy Niall Collins asked the Minister for Children, Equality, Disability, Integration and Youth when a service provider (details supplied) will receive payment; and if he will make a statement on the matter. [31458/23]
View answerIreland has responded to the largest displacement of people on the European continent since the Second World War. Since February 2022, my Department has worked intensively as part of the cross-government humanitarian response to assist over 85,000 arrivals fleeing the war in Ukraine, including 63,000 that have sought accommodation from this Department.
Overseeing provision of accommodation on this scale during this timeframe for all those who require it remains immensely challenging. Due to the urgent need to source accommodation, my Department has contracted in excess of 49,000 beds to accommodate Beneficiaries of Temporary Protection (BOTPs) in more than 800 settings including hotels, guesthouses, B&Bs, hostels, commercial self-catering accommodation and certain other repurposed settings.
The priority is to place people fleeing the war in safe and secure accommodation.
I am advised by my officials that one payment was made to this provider today 27th of June 2023. The second Invoice mentioned in the details supplied is currently being processed with payment expected to issue shortly subject to final checks.
Whilst there have been some delays in payment due to the very large volume of invoices received, progress has been made. Additional resources have been assigned within my Department and the volume of payments issuing is steadily growing. My Department will continue to press on to eliminate the backlog while ensuring appropriate governance is in place to safeguard the proper spending of Exchequer funding
130. Deputy Gino Kenny asked the Minister for Children, Equality, Disability, Integration and Youth when he will make the order or orders required to bring the Work Life Balance and Miscellaneous Provisions Act 2023 into operation; and if he will make a statement on the matter. [31486/23]
View answerThe Work Life Balance and Miscellaneous Provisions Act 2023 was signed into law by the President on 4th April. Its aim is to support employees to achieve a better balance between their home lives and work lives.
An Order commencing much of the Act will be made on 3rd July 2023. This includes the provisions introducing 5 days leave for medical care purposes for employees and the extension of breastfeeding breaks to two years after the birth of the child.
Section 7 of the Work Life Balance and Miscellaneous Provisions Act 2023 introduces 5 days paid domestic violence leave. Under section 7, regulations are to be made setting out a rate of pay for the leave. In line with the provisions of the Act, I have written to employers representatives, employees representatives and domestic violence support providers seeking their views on the rate of pay. Work on the regulations is ongoing and I intend to publish the regulations and commence the relevant provisions in the autumn.
The right to request flexible working for parents and carers will be commenced once a Code of Practice has been prepared by the Workplace Relations Commission in line with Part 4 of the Act. Work on the development of the Code of Practice is ongoing. The Workplace Relations Commission have recently held a public consultation, which was receiving submissions up until 9 June.
Commencement of Parts 3 and 4 of the Act is a matter for the Minister for Enterprise, Trade and Employment.
131. Deputy Mick Barry asked the Minister for Children, Equality, Disability, Integration and Youth if his Department has a policy of offering alternative accommodation to those who have a right to reside in the State after having been through the international protection process but are still living in the direct provision system that is far from their current residence (details supplied); if he will ensure that offers of alternative accommodation to those cohorts are in the locality of the direct provision centre; if he will ensure that a refusal of accommodation in an area that is far from their current residence will not result in the loss of access to homeless services; and if he will make a statement on the matter. [31547/23]
View answerAs the Deputy will appreciate, the Department is responding to the largest increase in the number of people seeking refuge in the State's history. Approximately 7,500 such individuals were provided with accommodation and supports towards the end of 2021. Today that figure is closer to 90,000, including all international protection applicants and those fleeing Ukraine, in both State provided and private pledged accommodation.
The Deputy will also recall that, despite intensive and exhaustive efforts on the part of Department officials, for some time this year the State was in a position of not being able to offer accommodation immediately to all new arrivals.
The International Protection Accommodation Service (IPAS) currently accommodates over 5,200 people that have been granted status (Refugee/Subsidiary Protection/Leave to Remain). As those with status have had their application for International Protection determined they are no longer considered applicants and therefore no longer entitled to Material Reception Conditions.
Due to the unprecedented and acute pressure on available IPAS accommodation it is not always possible to transfer those with Status the greatest length of time to emergency accommodation close to where they currently reside.
Those with "status" the greatest length of time are being offered a transfer to alternative emergency accommodation so that those currently still in the International Protection process can be accommodated in our Accommodation Centres where they can receive supports. Those currently being offered this transfer have had their status for at least 18 months.
A dedicated IPAS unit works intensively with funded organisations like the Peter McVerry Trust and DePaul to assist people who have been granted international protection or permission to remain in their efforts to move into housing within the community. IPAS write to all persons in IPAS accommodation once granted status and notify them of their support workers contact details from either PMVT or Depaul.
Since 2020 over 2,800 people have progressed into the community from IPAS accommodation.
132. Deputy Robert Troy asked the Minister for Children, Equality, Disability, Integration and Youth if he will review correspondence (details supplied); and undertake to have the matter reviewed. [31576/23]
View answerAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
133. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the procedure to be followed by a refugee (details supplied) wishing to relocate to care for two people in need of care, who is currently in a refugee centre; and if he will make a statement on the matter. [31640/23]
View answerIreland has responded to the largest displacement of people on the European continent since the Second World War. Since February 2022, my Department has worked intensively as part of the cross-government humanitarian response to assist over 85,000 arrivals fleeing the war in Ukraine, including 63,000 that have sought accommodation from this Department.
Overseeing provision of accommodation on this scale during this timeframe for all those who require it remains immensely challenging. Due to the urgent need to source accommodation, my Department has contracted in excess of 49,000 beds to accommodate Beneficiaries of Temporary Protection (BOTPs) in more than 800 settings including hotels, guesthouses, B&Bs, hostels, commercial self-catering accommodation and certain other repurposed settings.
The priority is to place people fleeing the war in safe and secure accommodation.
All requests to relocate on medical grounds must be sent to DCEDIY UkraineTempAccom at -UkraineTempAccom@equality.gov.ie
UCTAT is focussed on providing temporary accommodation to BOTPs and state that they will not consider alternative accommodation unless it is due to the contract with the provider ending or on medical grounds, if there is availability in the system.
Medical Grounds Protocol
The Health Service Executive (HSE) has seconded a HSE staff member into DCEDIY UCTAT to respond to accommodation requests including priority medical conditions.
The intention supporting this Protocol responds to three scenarios:
1. For those BOTPs who are in hospital and are awaiting suitable accommodation in order for a discharge to proceed or
2. Where placement is essential in supporting the BOTP in accessing specialist services.
The final decision in relation to the offer of accommodation lies with UCTAT and is dependence on contracted accommodation stock and availability.
134. Deputy Martin Browne asked the Minister for Health if he has conducted or will conduct a review of pharmacy dispensing fees and the extent of service provision by community pharmacists; if he has engaged or will engage with an organisation (details supplied) on the matter; if so, the dates on which he has engaged or will engage it; if he will establish a review which encompasses the scope of services provided or which could be provided by community pharmacy; and if he will include scoping of a minor ailments or minor illness scheme in community pharmacy in the terms of reference of the aforementioned review. [31822/23]
View answer159. Deputy Pearse Doherty asked the Minister for Health if he has or will conduct a review of pharmacy dispensing fees and the extent of service provision by community pharmacists; if he has or will engage with an organisation (details supplied) on the matter; the dates on which he has or will engage with same; if he will establish a review which encompasses the scope of services provided or which could be provided by community pharmacy; and if so, whether he will include scoping of a minor ailments or minor illness scheme in community pharmacy in the terms of reference of the aforementioned review. [31487/23]
View answer169. Deputy Claire Kerrane asked the Minister for Health if he has or will conduct a review of pharmacy dispensing fees and the extent of service provision by community pharmacists; if he has or will engage with an organisation (details supplied) on the matter; the dates on which he has or will engage; if he will establish a review which encompasses the scope of services provided or which could be provided by community pharmacy; and if so, whether he will include scoping of a minor ailments or minor illness scheme in community pharmacy in the terms of reference of the aforementioned review. [31554/23]
View answerI propose to take Questions Nos. 134, 159 and 169 together.
I recognise the significant role community pharmacists play in the delivery of patient care and acknowledge the potential for this role to be developed further in the context of healthcare service reform.
In that regard, various approaches to extending the scope of practice of community pharmacists are being progressed by my Department. The implementation of these necessitates engagement with a range of stakeholders and full consideration of all the relevant legislative and operational issues involved.
The regulations governing the pharmacy fee structure are set out in the Public Service Pay and Pensions Act 2017 (No. 34 of 2017) and in S.I. No. 639 of 2019, the Public Service Pay and Pensions Act 2017 (Payments to Community Pharmacy Contractors) Regulations 2019, which put the current fee structure in place, with effect from 1 January 2020.
Under Section 42(14) of the Public Service Pay and Pensions Act 2017 the pharmacy fee structure must be reviewed every third year after 2020. Section 42(10) of the 2017 Act sets out the matters that may be considered during this review. My Department is currently carrying out a comprehensive review.
Department officials held a meeting with the Irish Pharmacy Union on 20th June 2023 and a further meeting is scheduled for 26 July 2023.
I believe that there is a real opportunity to work collaboratively with community pharmacists, and with other healthcare providers, to make a significant difference to patient outcomes. Of course, any publicly funded pharmacy service expansion should address unmet public healthcare needs, improve access to existing public health services, and provide better value for money.
