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Wednesday, 28 Jan 2015

Written Answers Nos 71-93

Disadvantaged Areas Scheme Payments

Ceisteanna (71)

Noel Coonan

Ceist:

71. Deputy Noel Coonan asked the Minister for Agriculture, Food and the Marine the position regarding a 2013 disadvantaged area payment in respect of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [4069/15]

Amharc ar fhreagra

Freagraí scríofa

A review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that several of the land parcels declared by the person named contained ineligible features. Following the review of my Department’s decision, sought by the person named, a visit by a Department official to verify the position on the ground is deemed necessary. The visit has now taken place and the person named will shortly be advised, in writing, of the findings of the verification visit.

Family Reunification

Ceisteanna (72)

Ruth Coppinger

Ceist:

72. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she will report on the increase in processing time in family re-unification visas due to lack of resources and a higher volume of applications; if she will increase the resources to minimise the hardship on separated families; and if she will make a statement on the matter. [3983/15]

Amharc ar fhreagra

Freagraí scríofa

In January, 2014, my predecessor, Deputy Alan Shatter, introduced a Policy Document on Non-EEA Family Reunification. Contained therein is a stated business target that visa applications to join Irish citizens should be dealt with within six months of receipt of application. A target of twelve months applies to other applications for family reunification. However, it must be made clear that these are business targets for the immigration service. Accordingly, they in no way constitute legal obligations or convey any indication that a case not completed within the time-frame will in default of decision be resolved in the applicant’s favour.

These business targets reflect the detailed assessment that is required to be carried out in relation to applications for family reunification and are qualified by availability of resources. These targets are largely being met. Delays in achieving them are primarily related to more complex cases where the provision of additional documentation is requested by my officials, or where detailed assessments of family rights under the Constitution and the European Convention on Human Rights are required.

The stated targets are being largely met despite a 58% increase in the number of visa applications from persons wishing to join an Irish citizen spouse/partner from 2010 to 2014. This can partly be attributed to the significant increase in grants of Irish citizenship since this Government took office.

The management of resources is kept under constant review in my Department. While I am mindful of minimising the hardship on separated families as alluded to by the Deputy, I must balance the needs of this specific area of my Department with the requirements of other areas.

Garda Recruitment

Ceisteanna (73)

Pádraig MacLochlainn

Ceist:

73. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the cost to recruit 1,000 new members of An Garda Síochána. [4008/15]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Garda authorities that payroll costs for new Garda recruits include a basic allowance of €184 per week plus a living allowance of €77.92. After 32 weeks of training, Garda recruits are attested and move on to the first point of the Garda pay scale starting at €23,171 and rising to a maximum of €45,793 per annum after 19 years. They may also qualify for other allowances depending on their assignments.

The annual cost of 1000 new Garda recruits in their first year (assuming a commencement date of 1st January) is €18.8m. This figure includes Employer's PRSI but excludes any allowances which the recruits may qualify for following attestation. The annual cost will obviously increase as the members move up the Garda pay scale each year.

Fuel Quality

Ceisteanna (74)

Denis Naughten

Ceist:

74. Deputy Denis Naughten asked the Minister for Justice and Equality the number of complaints of petrol stretching received in each Garda division in the past seven months; the position regarding these complaints; the number that have been investigated resulting in a person being charged or a file being forwarded to the Director of Public Prosecutions; and if she will make a statement on the matter. [4025/15]

Amharc ar fhreagra

Freagraí scríofa

I have requested the information sought by the Deputy from the Garda authorities and I will be in contact with the Deputy again when the information is to hand.

UN Conventions

Ceisteanna (75)

Timmy Dooley

Ceist:

75. Deputy Timmy Dooley asked the Minister for Justice and Equality when Ireland will ratify the UN Convention on the Rights of Persons with Disabilities; and if she will make a statement on the matter. [4050/15]

Amharc ar fhreagra

Freagraí scríofa

The Government intends to proceed to ratification of the Convention as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. As the Deputy is aware, Ireland has a dualist legal system and therefore does not become party to treaties until it is first in a position to comply with the obligations imposed by them, including the amendment of domestic law as necessary.

A team has been charged with examining all outstanding obstacles to ratification, and has nearly completed the first phase of its work, which includes identifying all areas which will need attention to make ratification possible. An Interdepartmental Committee is in place, and met recently to review issues and the action and timeframe required to tackle them. Many of these issues involve amending unsuitable and outmoded language and in some cases, archaic legal provisions, in existing legislation. Another key task which is underway involves examining how the important issue of Reasonable Accommodation can be achieved in a meaningful way within our Constitutional framework as interpreted by the Supreme Court.

Progress towards ratification therefore continues to be made. One of the core elements of the remaining work to be completed is the enactment of capacity legislation. The Assisted Decision-Making (Capacity) Bill will comprehensively reform existing legislation governing capacity and will provide a series of options to support people with decision-making capacity difficulties to make decisions and exercise their basic rights in line with the principles of the Convention. The Bill is currently awaiting Committee Stage in the Dáil.

Prison Regulations

Ceisteanna (76)

David Stanton

Ceist:

76. Deputy David Stanton asked the Minister for Justice and Equality the measures in place in the prison services to prevent unlawful use of mobile phones by inmates; if consideration has been provided to the sue of any form of technology to block mobile phone signals in prisons; and if she will make a statement on the matter. [4065/15]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that possession of a mobile phone in prison is a criminal offence under section 36 of the Prisons Act, 2007. A prisoner found to be in possession of a mobile phone is liable to be dealt with under the prison disciplinary system and the matter referred to an Garda Síochána for investigation and possible prosecution.

My officials in the Irish Prison Service are currently considering a number of technologies with a view to blocking mobile phone signals in and out of prisons and for obvious security reasons, the Deputy will appreciate that I cannot go into detail on the range of options and issues currently being considered.

Through a vigorous approach to screening and searching, the Operational Support Group continues to recover numerous mobile phones and components. The provision of mobile phone blockers would limit this activity and reduce the threat that it poses to society both inside and outside of prisons.

The measures currently in place to prevent the use of mobile phones by prisoners include metal detectors and other screening equipment at the point of entry to prisons, the use of active canine detection teams in recovering same from vehicles and buildings, as well as random and intelligence-led targeted searching of prisoners and locations within the prison Estate.

These searches have been particularly effective and local intelligence indicates that the availability of mobile phones has decreased across the prison system. The number of mobile phones seized in prisons has reduced, year on year, since 2009, and the Deputy can be assured that the prevention of the smuggling of phones and other contraband remains a priority for the Irish Prison Service.

Mobile Phone Seizures 2010 to 2014

Prison/Place of Detention

2010

2011

2012

2013

2014

Arbour Hill

1

2

1

1

0

Castlerea

43

42

29

43

38

Cloverhill

16

20

35

30

50

Cork

13

30

11

8

3

Dóchas Centre

12

42

10

1

6

Limerick

133

100

123

55

18

Loughan House

155

104

57

52

66

Midlands

92

123

82

114

59

Mountjoy (Male)

742

420

336

238

223

Portlaoise

18

27

3

11

52

Shelton Abbey

88

77

86

19

5

St. Patrick's

138

220

278

119

109

Training Unit

191

113

78

92

55

Wheatfield

76

48

21

22

44

Total

1,718

1,368

1,150

805

728

Penalty Points System

Ceisteanna (77, 78, 79)

Niall Collins

Ceist:

77. Deputy Niall Collins asked the Minister for Justice and Equality if her attention has been drawn to the fact that senior members of An Garda Síochána continued to abuse the penalty points system despite a change in practice in this area in June 2014; the actions that will be taken against these members; and if she will make a statement on the matter. [4070/15]

Amharc ar fhreagra

Niall Collins

Ceist:

78. Deputy Niall Collins asked the Minister for Justice and Equality if she is satisfied that the penalty points system is now beyond abuse; and if she will make a statement on the matter. [4071/15]

Amharc ar fhreagra

Niall Collins

Ceist:

79. Deputy Niall Collins asked the Minister for Justice and Equality the actions she will now take to protect the integrity of the penalty points system; and if she will make a statement on the matter. [4072/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 77 to 79, inclusive, together.

As the Deputy will be aware, yesterday I published the Garda Professional Standards Unit Examination of the Procedures, Policy and Decision Making Processes in Relation to Cancellations on the Fixed Charge Processing System of Road Traffic Offences. This report represents a further important milestone in addressing concerns in relation to the operation of the penalty points system, and builds on the new Garda Policy on the operation of the Fixed Charge Penalty System (FCPS) which came into effect on 16 June, 2014. The report recognises that significant improvements have been made, confirming that only the three persons authorised to cancel fixed charge notices under the new policy are in fact carrying out cancellations. Furthermore, the impact of the new policy is evident in the reduction in the number of cancellations on discretionary grounds.

It is the case, however, that the report has identified areas which require further attention and a series of recommendations are made to address these.

A number of these relate to Garda operations and procedures and have been accepted by the Commissioner. These include a proposal to establish a new Enforcement Unit within the Fixed Charge Processing Office to allow for more extensive enquiries to be made when considering whether to cancel a notice. This will include additional scrutiny of cases where notices are returned. Other system enhancements are also recommended, and accepted by the Commissioner.

A further key recommendation, which has also been accepted is that, in order to maintain public confidence in relation to the operation of the FCPS, where an application for cancellation is made by a Garda to avail of the statutory exemption for emergency vehicles where the Garda is driving a private vehicle in the course of their duties, such applications would now be forwarded to the Office of the DPP for evaluation.

The report also makes a number of recommendations with respect to legislative and related cross-cutting aspects of the fixed charge processing system, and I intend to refer these to the Criminal Justice (FCPS) Working Group for further examination. This group was set up to take forward the recommendations of the Garda Inspectorate on the FCPS and is jointly chaired by the Departments of Justice and Equality, and Transport, Tourism and Sport.

I have also decided, again in the interests of maintaining public confidence in the system, to put in place a further assurance and oversight mechanism. In particular, I have appointed Judge Matthew Deery, former President of the Circuit Court, to act as Independent Oversight authority for the FCPS cancellation process. This role would be in addition to the ongoing internal audit of the system. He would be free to inspect at random any fixed charge notice cancellation and report his or her findings on the operation of the system to the Minister.

Finally, it is also important to note that the Commissioner is forwarding the Report to GSOC, the CA&G and the Garda Inspectorate. The Garda Inspectorate had already indicated, as part of the recommendations in its March 2013 Report on the operation of the FCPS, that it intended to carry out a follow-up examination after 12 months, and this is expected to commence as indicated.

I am determined that the progress and improvements recognised in the report will continue and will be further enhanced by these additional measures I have announced, so that the public can have confidence in the operation of the penalty points system.

Detention Centres Places

Ceisteanna (80)

Aengus Ó Snodaigh

Ceist:

80. Deputy Aengus Ó Snodaigh asked the Minister for Children and Youth Affairs his views on the lack of beds in juvenile detention centres for juveniles who have been convicted, but have to be discharged due to the bed shortage. [4005/15]

Amharc ar fhreagra

Freagraí scríofa

The 3 children detention schools, located at Oberstown, Lusk, Co. Dublin, currently provide a total of 46 detention places for young people ordered to be remanded in custody or committed to serve a sentence of detention by the courts. These comprise 6 places for girls up to the age of 18 on admission and 40 places for boys up to the age of 17 on admission. Boys aged 17 on admission are currently accommodated by the Irish Prison Service. This practice will cease, meeting the commitment in the Programme for Government to end the practice of detaining children in adult prison facilities, with the new children detention facilities currently being constructed to extend the capacity of the Oberstown campus. It is intended that this will provide sufficient accommodation for all children under 18 years of age ordered to be detained by the courts.

In the interim, pending introduction of the expanded facilities, the existing facilities at Oberstown are being used to meet demand from the courts. The Irish Youth Justice Service of the Department of Children and Youth Affairs operates a twenty four hour bed management service for children detention places, with the aim of having the maximum degree of coordination in this area. This service is available at all times to courts, the Probation Service and the Garda Síochána to assess the up to date position with regard to the availability of places. This is a demand led service and every effort is made to meet the needs of the courts in this area.

Services for People with Disabilities

Ceisteanna (81)

Dessie Ellis

Ceist:

81. Deputy Dessie Ellis asked the Minister for Health the reason a child (details supplied) in Dublin 15 was only provided a special needs assistant for two hours a day when they require one between 9 a.m. and 1 p.m. due to difficulties arising from delayed global development syndrome; and if he will review the matter. [3990/15]

Amharc ar fhreagra

Freagraí scríofa

The Early Childhood Care and Education (ECCE) Programme, which is the responsibility of my colleague, the Minister for Children and Youth Affairs, provides for a free pre-school year to eligible children in the year before they commence primary school. The objective of this scheme is to support early learning in a formal setting in advance of starting school. I understand that certain flexibilities are built into the scheme in an effort to accommodate children with special needs, such as an overage exemption, or waiver, for children with special needs who do not meet the age criteria and the option to avail of the free pre-school year over two years.

The Health Service Executive has no statutory obligation to provide assistant supports for children with special needs wishing to avail of the free pre-school year. However, the HSE does work at local level and in partnership with the relevant disability service providers to address individual needs as they arise. This is done, for example, by funding special pre-schools that cater specifically for children with disabilities. In some limited cases at local level, disability services have also facilitated children with disabilities to attend mainstream pre-schools by providing assistant supports where possible and where resources are available.

In general terms, the HSE’s role in supporting children with disabilities involves it working in close co-operation with the disability service providers that it funds, with the education sector, with the Department of Children and Youth Affairs and with the parents and families of the children in question. At a national level, a dedicated Cross-Sectoral Team, comprising representatives of my Department, the HSE, the Department of Education and Skills and the Department of Children and Youth Affairs plays a key role in fostering greater collaboration on children’s disability issues and to build on the cross-sectoral working arrangements that are already in place. A sub group of this Cross-Sectoral Team is examining the issue of the integration of children with disabilities into mainstream pre-school settings, including supports for these children. It is expected to conclude its work shortly.

Finally, I have asked the HSE to reply directly to the Deputy in respect of the individual case that he has raised. If you have not received a reply from the HSE within 15 working days please contact my Private Office and they will follow up the matter with them.

Ministerial Correspondence

Ceisteanna (82)

Michael Healy-Rae

Ceist:

82. Deputy Michael Healy-Rae asked the Minister for Health his views on correspondence (details supplied) regarding laboratory facilities; and if he will make a statement on the matter. [4033/15]

Amharc ar fhreagra

Freagraí scríofa

As this is a service matter, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up.

Hospital Waiting Lists

Ceisteanna (83)

Thomas P. Broughan

Ceist:

83. Deputy Thomas P. Broughan asked the Minister for Health if there is any evidence that there is alleged gaming of waiting lists at Beaumont Hospital, whereby citizens waiting for investigation or treatment are arbitrarily and unfairly removed from lists for non-reply to letters which had actually not been sent prior to them receiving letters informing those citizens they had been removed from the waiting lists concerned. [3955/15]

Amharc ar fhreagra

Freagraí scríofa

The Special Delivery Unit (SDU) Protocol: The Management of Outpatient Services Ver 2.0 (Jan 2014) sets out the process for referral and management of outpatient services. The protocol also helps to maximise efficiency and reduce duplications. Also, the National Waiting List Management Policy, A standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, January 2014, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the Health Service Executive, sets out the processes that hospitals are to implement to manage waiting lists. In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up with them.

Medical Qualifications

Ceisteanna (84)

Marcella Corcoran Kennedy

Ceist:

84. Deputy Marcella Corcoran Kennedy asked the Minister for Health if the phlebotomy course that is provided for by the Irish Training Institute based in County Longford is recognised by his Department as a qualification to work in the health care system; and if he will make a statement on the matter. [3961/15]

Amharc ar fhreagra

Freagraí scríofa

Section 22 of the Health Act 2004 gives the HSE the authority to appoint persons to be its employees and may determine their duties. Under Section 22 of the Act, the HSE has responsibility for setting and approving eligibility criteria, including qualifications and relevant experience, for appointments to HSE posts. This includes recruitment to posts in the area of Phlebotomy. In this context, the Deputy’s question has been referred to the HSE for direct reply.

If the Deputy has not received a reply from the HSE within 15 working days, she can contact my Private Office and they will follow the matter up with the HSE.

Disease Incidence

Ceisteanna (85)

Fergus O'Dowd

Ceist:

85. Deputy Fergus O'Dowd asked the Minister for Health his views on the recent cases of Guillain-Barré syndrome diagnosed in the Duleek area, County Meath; and if he will make a statement on the matter. [3964/15]

Amharc ar fhreagra

Freagraí scríofa

As this is a service matter it has been referred to the Health Services Executive for direct reply.

If you have not received a reply from the HSE within 15 working days please contact my Private Office and they will follow up the matter with them.

Medical Card Administration

Ceisteanna (86)

Thomas P. Broughan

Ceist:

86. Deputy Thomas P. Broughan asked the Minister for Health if he will report on the processing times of medical card applications for young children who have been identified as having a medical need; if he will report on the standard timeframes from receipt of such application to decision. [3973/15]

Amharc ar fhreagra

Freagraí scríofa

The Health Service Executive has been asked to examine this matter and to reply to the Deputy as soon as possible.

The Health Service Executive operates the General Medical Services scheme, which includes medical cards and GP visit cards, under the Health Act 1970, as amended. It has established a dedicated contact service for members of the Oireachtas specifically for queries relating to medical cards and GP visit cards, which the Deputy may wish to use for an earlier response. Contact information has issued to Oireachtas members.

If the Deputy has not received a reply from the HSE within 15 working days, please contact my Private Office who will follow up the matter with them.

Medicinal Products Availability

Ceisteanna (87)

Emmet Stagg

Ceist:

87. Deputy Emmet Stagg asked the Minister for Health when Tecfidera on BT12 will be available to multiple sclerosis sufferers under the long-term illness scheme. [3976/15]

Amharc ar fhreagra

Freagraí scríofa

The HSE has statutory responsibility for decisions on pricing and reimbursement of medicinal products under the community drug schemes in accordance with the provisions of the Health (Pricing and Supply of Medical Goods) Act 2013. This requires consideration of a range of statutory criteria prior to reimbursing any medicine, including clinical need, cost-effectiveness and the resources available to the HSE.

The decisions on which medicines are reimbursed by the taxpayer, are made on objective, scientific and economic grounds by the HSE on the advice of the National Centre for Pharmacoeconomics. They are not political or ministerial decisions.

The HSE received an application for the inclusion of Tecfidera, in the GMS and community drugs schemes. The application was considered in line with the procedures and timescales agreed by the Department of Health and the HSE with the Irish Pharmaceutical Healthcare Association for the assessment of new medicines.

In accordance with these procedures, the National Centre for Pharmacoeconomics conducted a pharmacoeconomic evaluation of Tecfidera and concluded that it is not considered cost-effective for the treatment of adult patients with relapsing remitting MS and therefore is not recommended for reimbursement at the submitted price.

The HSE is considering the findings of the report. No further comment is possible at this time as the HSE decision making process is ongoing.

Medical Card Applications

Ceisteanna (88)

Finian McGrath

Ceist:

88. Deputy Finian McGrath asked the Minister for Health the position regarding a medical card application that was made in February 2014 in respect of a person (details supplied) in Dublin 5; and if he will make a statement on the matter. [3977/15]

Amharc ar fhreagra

Freagraí scríofa

The Health Service Executive has been asked to examine this matter and to reply to the Deputy as soon as possible.

The Health Service Executive operates the General Medical Services scheme, which includes medical cards and GP visit cards, under the Health Act 1970, as amended. It has established a dedicated contact service for members of the Oireachtas specifically for queries relating to medical cards and GP visit cards, which the Deputy may wish to use for an earlier response. Contact information has issued to Oireachtas members.

If the Deputy has not received a reply from the HSE within 15 working days, please contact my Private Office who will follow up the matter with them.

Services for People with Disabilities

Ceisteanna (89, 90, 91, 92, 93)

Terence Flanagan

Ceist:

89. Deputy Terence Flanagan asked the Minister for Health the supports, such as funding and respite that are available for those families who look after a family member with Prader-Willi syndrome; and if he will make a statement on the matter. [3978/15]

Amharc ar fhreagra

Terence Flanagan

Ceist:

90. Deputy Terence Flanagan asked the Minister for Health his views on concerns that there is little specialist knowledge here regarding Prader-Willi syndrome; and if he will make a statement on the matter. [3979/15]

Amharc ar fhreagra

Terence Flanagan

Ceist:

91. Deputy Terence Flanagan asked the Minister for Health if he will ensure that more support is provided by his Department to the Prader-Willi Syndrome Association; and if he will make a statement on the matter. [3980/15]

Amharc ar fhreagra

Terence Flanagan

Ceist:

92. Deputy Terence Flanagan asked the Minister for Health if he will ensure that enough funding is provided so that the Health Service Executive can properly manage people with Prader-Willi syndrome; and if he will make a statement on the matter. [3981/15]

Amharc ar fhreagra

Terence Flanagan

Ceist:

93. Deputy Terence Flanagan asked the Minister for Health if he will meet with a person (details supplied) to discuss their concerns about Prader-Willi syndrome; and if he will make a statement on the matter. [3982/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 89 to 93, inclusive, together.

As the Deputy's question's relates to service matters, I have arranged for the question's to be referred to the Health Service Executive (HSE) for direct reply to the Deputy. If the Deputy has not received a reply from the HSE within 15 working days, he can contact my Private Office and they will follow the matter up with the HSE.

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