Written Answers Nos. 85-116
85. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the number of women who have accepted lesser amounts than they applied for under the restorative justice scheme for the survivors of the Magdalen laundries. [5097/15]
Amharc ar fhreagra86. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the number of applicants under the restorative justice scheme for the survivors of the Magdalen laundries who have received lesser amounts than they applied for because of inaccurate and-or missing records. [5098/15]
Amharc ar fhreagraI propose to take Questions Nos. 85 and 86 together.
If an applicant receives a lump sum payment she has agreed with the assessment made by my officials and has signed an acceptance form to that effect. I can also advise the deputy that in the vast majority of cases the applicants are availing of independent legal advice with regard to accepting the offer and my department is facilitating this by providing a payment of up to €500 + VAT towards the cost of obtaining legal advice.
The processing of all applications starts off on the premise that the testimony of the applicant is correct and the officers processing the application then seek to verify the application by checking appropriate records. If there are records and they are consistent with the application, then an offer is made. If there is a discrepancy, or in cases where the religious congregations have incomplete or no record for an applicant my officials must carry out a thorough examination, checking whatever records are available from other departments, agencies and institutions to support the application. The records of the religious congregations are not regarded as decisive, they are just one factor that is taken into consideration.
In some instances, applicants will have a very clear recollection and records will be found to confirm their recollection.
In other instances applicants may have difficulty in recollecting details and may be mistaken about the institution they were in and also about the period of time they were there. This is not surprising as we could be talking about events that happened 50, 60 or 70 years ago.
The Deputy will also be aware that for cases where there is insufficient documentary evidence to make a determination as to whether an applicant was in a relevant institution and for what period of time my officials have commenced a process whereby those women are given the opportunity to meet with my officials and provide oral testimony about their time in an institution. These meetings are proving to be informative and productive.
Each application is assessed on an individual basis taking into account any available records or documents as well as the applicant's testimony. The Deputy will also be aware that if the applicant disagrees with this assessment she can avail of an internal review process and also an independent appeal process which involves a review by Ombudsman's Office.
87. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the number of applications made under the restorative justice scheme for the survivors of the Magdalen laundries that have been rejected. [5099/15]
Amharc ar fhreagra88. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the number of applications made under the restorative justice scheme for the survivors of the Magdalen laundries that have been rejected because of inaccurate and-or missing records. [5100/15]
Amharc ar fhreagraI propose to take Questions Nos. 87 and 88 together.
Some 94 applications have been refused as they were not in one of the 12 specified institutions.
If there is a discrepancy with regard to a record, or in cases where the religious congregations have incomplete or no record for an applicant my officials must carry out a thorough examination, checking whatever records are available from other departments, agencies and institutions to support the application. For cases where there are missing records or no records available my officials have commenced a process whereby those women are given the opportunity to meet with my officials and provide oral testimony about their time in an institution. These meetings are proving to be informative and productive.
89. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if the restorative justice scheme for the survivors of the Magdalen laundries has been advertised in Ireland’s Own magazine, as promised by her. [5101/15]
Amharc ar fhreagra90. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if her Department has alerted Irish embassies to the existence of the restorative justice scheme for the survivors of the Magdalen laundries. [5102/15]
Amharc ar fhreagraI propose to take Questions Nos. 89 and 90 together.
The Deputy will be aware that the Scheme attracted world wide media coverage. In addition, at my request the Department of Foreign Affairs and Trade circulated an information note on the Scheme through their embassies around the world to the local Irish communities in late October 2014.
My officials contacted the Ireland's Own publication in October 2014 and asked them to consider publishing an article about the Scheme. A follow-up request was sent to the publication and the editor has advised that they plan to publish an article providing information on the scheme in the very near future.
The Deputy will also be interested to note that the Irish Women Survivors Support Network in the UK has also circulated thousands of newsletters to the wider Irish community informing them of the Scheme and they continue to raise awareness and assist clients in this regard.
91. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if, following her communications with the Minister for Health and her officials' communications with the Health Service Executive, she will unequivocally confirm that survivors of the Magdalen laundries will be provided with a physical card, either a HAA card or a RWRCI card, under the Redress for Women Resident in Certain Institutions Act 2015, once it is passed into law. [5105/15]
Amharc ar fhreagraIt will be a matter, for the Health Service Executive to decide on the practical arrangements, such as a type of card, to be put in place in order to ensure that the women can easily demonstrate their eligibility for services under this legislation. One operational possibility is that an RWRCI card, based on the name of the legislation, may be issued to the qualifying women. Final decisions will be made when the legislation is enacted.
92. Deputy Seán Kenny asked the Minister for Justice and Equality the position regarding the sale of alcohol on Good Friday; the reasons for the continued prohibition of the sale of alcohol on this day; her plans to permit the sale of alcohol on Good Friday; and if she will make a statement on the matter. [5141/15]
Amharc ar fhreagraThe statutory provisions restricting the sale of alcohol on Good Friday, which have historical origins, will be examined in the context of the forthcoming Sale of Alcohol Bill. This Bill will update the law relating to the sale, supply and consumption of alcohol in licensed premises and will provide an opportunity for reviewing statutory restrictions on alcohol sales. The Bill will repeal the Licensing Acts 1833 to 2011, and the Registration of Clubs Acts 1904 to 2008, and replace them with streamlined and updated provisions.
93. Deputy Joan Collins asked the Minister for Justice and Equality under the provisions of the employment control framework, the specific minimum and maximum numbers of positions in each grade for the Probation and Welfare Service of probation officers, senior probation officers, assistant principal probation officers-regional managers and clerical officers. [5145/15]
Amharc ar fhreagraThe Employment Control Framework or ECF is a tool used to monitor staff numbers across the Civil Service. The ECF is set for each Vote. The Probation Service is part of the Department's Vote. I am advised the current serving staff by grade in the Probation Service in full time equivalent terms at the end of November 2014 is outlined in the table.
|
Grade |
Full Time Equivalent |
|
Director |
1 |
|
Deputy Director |
4 |
|
Assistant Principal Regional Manager |
5 |
|
Senior Probation Officer |
48 |
|
Professional Accountant |
1 |
|
Assistant Principal Officer |
2 |
|
Higher Executive Officer |
4 |
|
Probation Officer |
217 |
|
Locum Probation Officer |
4 |
|
Executive Officer |
11 |
|
Clerical Officer |
56 |
|
Service Officer |
3 |
|
Community Service Supervisors |
42 |
|
Total |
398 |
In 2014, promotions were made to the grades of Deputy Director and Senior Probation Officer and a panel from which locum probation officers can be appointed was also established.
94. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will report on Garda operation, Acer; the number of persons arrested and charged to date under this operation; the number of successful convictions obtained to date under this operation; and if she will provide extra resources to this vital operation. [5147/15]
Amharc ar fhreagraAs part of the measures which are coordinated under Operation Fiacla, burglary related operations have been put in place in each Garda region. Operation Acer is the regional operation applying to the Dublin Metropolitan Region (DMR) and is an intelligence driven operation which includes analysis led checkpoints and patrols to target specific areas and case manage targeted offenders.
Operation Fiacla, and its regional components including Operation Acer, is targeting in particular mobile gangs involved in burglary and other property crime. Operation Fiacla adopts a focused, targeted and coordinated approach to investigating mobile and organised criminal groups throughout the jurisdiction. It is primarily an intelligence led operation with local, regional and national units all playing a key role. The operation has had many successes in terms of disrupting those involved in this type of criminality and, as of 31 December 2014, has led to the arrest of 11,688 persons with charges being brought against 6,711 persons.
Operation Acer commenced in the Dublin Metropolitan Region (DMR) in early 2012. I am advised by the Garda authorities that since it commenced there has been 5,389 arrests, 2,746 charges and 1,087 convictions for burglary and related offences in the DMR to date. Figures provided are provisional, operation, and liable to change.
Burglary Response Units attached to each Division take the lead in Operation Acer and are assisted by other units as required. In addition, a further and related operation, Operation Creeper, assists in the surveillance of Acer targets by monitoring their movements and this Operation has been tasked solely with targeting burglary suspects resulting in the arrest of several Acer targets. Operation Acer also operates alongside ongoing community policing measures, including problem solving with local communities and ongoing liaison with businesses and households in providing crime prevention advice and assistance to victims of burglary.
The Deputy will be aware that the Garda Commissioner is responsible for the deployment of Garda resources. I am advised that Garda management keep the distribution of resources under continuing review in the context of security assessments, crime trends and policing priorities. I am also advised that the arrangements in relation to Operation Acer are kept under review to ensure that appropriate adjustments are made to maintain the effective focus of the operation.
95. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will provide, in tabular form, the number of gardaí allocated to the Garda traffic corps in the years 2011, 2012, 2013, 2014 and to date in 2015. [5148/15]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
I have however been informed by the Garda Commissioner that the personnel strength of the Garda Traffic Corps on 31 December 2011 to 2014, the latest date for which figures are readily available, was as set out in the following table.
Garda Traffic Corps
|
Year |
Total Allocation |
|
2011 |
947 |
|
2012 |
877 |
|
2013 |
811 |
|
2014 |
749 |
96. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will provide, in tabular form, the number of marked and unmarked Garda cars, marked and unmarked vans, and marked motorcycles that were assigned to the Garda traffic corps in the years 2011, 2012, 2013, 2014 and to date in 2015. [5149/15]
Amharc ar fhreagraThe Deputy will be aware that decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources.
In that context, I am advised by the Garda authorities that information requested by the Deputy is outlined in the following table.
|
YEAR |
CARS |
CARS |
VANS |
VANS |
MOTORCYCLES |
|
- |
MARKED |
UNMARKED |
MARKED |
UNMARKED |
- |
|
2011 |
125 |
37 |
7 |
10 |
137 |
|
2012 |
79 |
29 |
7 |
10 |
113 |
|
2013 |
95 |
26 |
6 |
9 |
94 |
|
2014 |
109 |
28 |
4 |
15 |
95 |
|
2015 (To date) |
106 |
30 |
4 |
15 |
91 |
97. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding a murder case; and if she will make a statement on the matter. [5160/15]
Amharc ar fhreagraThe correspondence supplied by the Deputy contains a request by a third party to have the particular case reviewed under the Independent Review Mechanism set up to consider allegations of Garda misconduct and inadequacies in the investigation of such allegations.
As the Deputy is aware, the Independent Review Mechanism was set up for the specific purpose of considering matters of, or relating to, Garda misconduct. The concerns raised in the material provided do not, on the face of it, appear to raise any issues of Garda misconduct but refer to matters which occurred during the course of a trial.
While I appreciate the difficulties and distress that people engaged in court proceedings can experience, the position is that the courts are subject only to the Constitution and the law, independent in the exercise of their judicial functions. The conduct of any court case is a matter entirely for the presiding judge. As the Deputy is aware, I cannot comment or intervene in any way in relation to how particular proceedings are conducted or on the outcome of those proceedings.
A copy of the correspondence was also forwarded directly to my Department by e-mail on 26 January 2015 and a reply will issue to the writer in due course.
98. Deputy Michael McGrath asked the Minister for Children and Youth Affairs the accountability and reporting obligations of the Adoption Authority of Ireland; and if he will make a statement on the matter. [5143/15]
Amharc ar fhreagraThe Adoption Authority of Ireland was established in November 2010 and is the independent statutory body charged with implementing the Adoption Act, 2010. The Authority has responsibility for the direct operational implementation of legislation and Government policy relating to adoption. It has a quasi-judicial role and is independent in its decision-making functions. Part 12 of the Adoption Act, 2010 provides for the establishment of the Authority and outlines its functions, accountability and reporting requirements.
99. Deputy Michael McGrath asked the Minister for Children and Youth Affairs if he will arrange for a detailed response to be issued by the Health Service Executive to a letter sent to child protection services by a person (details supplied) in County Cork in November 2014 in view of the seriousness of the matters raised. [5136/15]
Amharc ar fhreagraAs the Deputy may appreciate, it would not be appropriate for me to comment on an individual case. I would ask if the Deputy could forward any correspondence he may have to the Chief Operations Officer, Mr. Fred McBride, in the Child and Family Agency. In the interim, I have referred the information provided by the Deputy to the Child and Family Agency for immediate attention.
100. Deputy Michael McCarthy asked the Minister for Children and Youth Affairs if funding for school completion programmes will be ring-fenced for 2015; and if he will make a statement on the matter. [5072/15]
Amharc ar fhreagra101. Deputy Michael McCarthy asked the Minister for Children and Youth Affairs the total funding allocation for 2015 for school completion programmes; and if he will make a statement on the matter. [5073/15]
Amharc ar fhreagra102. Deputy Michael McCarthy asked the Minister for Children and Youth Affairs if the same level of funding or a greater level of funding will be provided for school completion programmes in 2015; and if he will make a statement on the matter. [5074/15]
Amharc ar fhreagraI propose to take Questions Nos. 100 to 102, inclusive, together.
The School Completion Programme aims to retain young people in the formal education system to completion of senior cycle and to generally improve the school attendance, participation and retention of young people who are risk of educational disadvantage. The Programme is a targeted intervention aimed at school communities identified through the Department of Education and Skills’ DEIS Action Plan for Educational Inclusion. It provides targeted supports annually to approximately 36,000 children.
Since 1 January 2014, the Child and Family Agency has operational responsibility for the School Completion Programme, including the allocation of funds to local projects. In 2014, an allocation of €24.756 million has been provided for the School Completion Programme. The Agency has approved local projects' school retention plans for the 2014/2015 academic year. The first instalment of 2014/15 funding issued to local projects last September. Further payments totalling approximately €9.5m have issued over the past month, with a third instalment planned for payment in May 2015.
The estimate for the Child and Family Agency for 2015 is €631 million, a 4.3% increase on its 2014 allocation. My Department has recently issued a Performance Statement to the Agency under Section 45 of the Child and Family Agency Act, 2013. This includes my priorities for consideration in the development of the Agency's 2015 Business Plan. The Business Plan will set out the Agency's proposed activities, programmes and priorities for 2015, including provision for the School Completion Programme, in the light of the monies available.
A review of the School Completion Programme has commenced. It is being carried out by the ESRI following a procurement process managed by the Agency. The programme has been in operation since 2002 and I believe that it is timely that a review be carried out. The Review is an important initiative to plan for the future development of this Programme. It is envisaged that the review will be completed during the 2014/2015 academic year.
103. Deputy Michael McCarthy asked the Minister for Children and Youth Affairs when the Child and Family Agency will publish its 2015 business plan; the reason the 2015 business plan has not been published yet; and if he will make a statement on the matter. [5075/15]
Amharc ar fhreagraSection 44 of the Child and Family Agency Act, 2013, provides that the Minister for Children and Youth Affairs shall develop an annual Performance Statement for issue to the Child and Family Agency. The Performance Statement is designed to provide the Agency with specific policy guidance, direction, prioritisation and resource parameters to inform the preparation of its annual Business Plan. The Performance Statement issued to the Agency in December last.
I am advised by Tusla that the Business Plan for 2015 was approved in principle by its Board last week and I expect to receive the Plan very shortly.
The Agency is in receipt of exchequer funding of €643.401 million in 2015, including €12.386 million in capital funding. This compares favourably with the 2014 provision of €609.124 million.
104. Deputy Michael McCarthy asked the Minister for Children and Youth Affairs when the review of the school completion programme will be published; the progress of the review to date; and if he will make a statement on the matter. [5076/15]
Amharc ar fhreagraThe planned programme review of the School Completion Programme, indicated in the Comprehensive Review of Expenditure 2012 - 2014 is under way. The objectives of the review are to examine the programme's structures, clarify roles and responsibilities, to analyse the interventions and supports provided and identify best practice for young people at risk of early school leaving and make recommendations for the future of the programme.
The plan for the review includes arrangements to capture the views of a range of stakeholders, including staff and all those involved in the organisation and administration of the School Completion Programme. It includes a survey to gather the views of project coordinators and chairpersons of the 124 local school completion programme projects throughout the country, case studies of projects involving staff and participating schools and interviews with national stakeholders who have a direct interest in the programme.
The review of the School Completion Programme is an important initiative in planning for the future development of the programme. It will assist in identifying the reforms necessary to consolidate the programme on a sustainable footing for the future. Preliminary information gathered in the review indicates that the School Completion Programme encompasses a broad and diverse range of measures and interventions that have been developed by local projects over the years. The intention is to learn more about the most successful of these, share the learning across the programme and ensure that available funds are targeted to those services that provide the greatest contribution to good educational outcomes for children and young people at risk of educational disadvantage.
Work is at an advanced stage and it is anticipated that the review will be completed during this current academic year.
105. Deputy Mary Lou McDonald asked the Minister for Health the progress that has been made to date on the mechanism to deal with health care for survivors of the Magdalen laundries who live overseas, as referred to by her on 24 September 2014. [5103/15]
Amharc ar fhreagra107. Deputy Mary Lou McDonald asked the Minister for Health if private general practitioner services will be made available to survivors of the Magdalen laundries under the provisions of the Redress for Women Resident in Certain Institutions Bill 2014. [5106/15]
Amharc ar fhreagra108. Deputy Mary Lou McDonald asked the Minister for Health if any and all prescribed drugs including high-tech drugs, medicines, aids and appliances, will be made available to survivors of the Magdalen laundries under the provisions of the Redress for Women Resident in Certain Institutions Bill 2014, or if provision of drugs, medicines, aids and appliances will be restricted to the reimbursement list within the meaning of the Health (Pricing and Supply of Medical Goods) Act 2013, as stated in the Bill as originally published; and if the latter is the case, the types of drugs, medicines, aids and appliances that will consequently not be made available to these women. [5107/15]
Amharc ar fhreagra109. Deputy Mary Lou McDonald asked the Minister for Health if any and all chiropody and podiatry services from any qualified chiropodist or podiatrist, including those in private practice, will be made available to survivors of the Magdalen laundries under the provisions of the Redress for Women Resident in Certain Institutions Bill 2014 without the need for a general practitioner’s referral. [5108/15]
Amharc ar fhreagra110. Deputy Mary Lou McDonald asked the Minister for Health if complementary therapies, including massage, reflexology, acupuncture, aroma therapy or hydrotherapy, once referred by a general practitioner, will be made available to survivors of the Magdalen laundries under the provisions of the Redress for Women Resident in Certain Institutions Bill 2014; if not, if in making this decision, she has considered the international medical evidence in relation to massage therapy and acupuncture in particular; and if consideration has been provided to the international scientific evidence in relation to the use of aroma therapy specifically in the counselling treatment of survivors of physical and-or sexual abuse. [5109/15]
Amharc ar fhreagra111. Deputy Mary Lou McDonald asked the Minister for Health if counselling, including psychological and psychotherapy services, from any professionally accredited counsellor will be made available to survivors of the Magdalen laundries and their immediate relatives under the provisions of the Redress for Women Resident In Certain Institutions Bill 2014, without restriction or limit on the number of sessions attended and without the need for general practitioner referral. [5110/15]
Amharc ar fhreagra112. Deputy Mary Lou McDonald asked the Minister for Health if comprehensive dental care, including access to private dentists not within the dental treatment services scheme available to medical card holders, will be made available to survivors of the Magdalen laundries under the provisions of the Redress for Women Resident In Certain Institutions Bill 2014. [5111/15]
Amharc ar fhreagra113. Deputy Mary Lou McDonald asked the Minister for Health if, where necessary services are not available within the public health service, audiology services from private practitioners will be made available to survivors of the Magdalen laundries under the provisions of the Redress for Women Resident In Certain Institutions Bill 2014. [5112/15]
Amharc ar fhreagra114. Deputy Mary Lou McDonald asked the Minister for Health if dedicated liaison officers, such as those available to HAA cardholders to help obtain optimum home nursing and home support services, will be made available to survivors of the Magdalen laundries under the provisions of the Redress for Women Resident In Certain Institutions Bill 2014. [5113/15]
Amharc ar fhreagra115. Deputy Mary Lou McDonald asked the Minister for Health if enhanced ophthalmic services provided to HAA cardholders, will be made available to survivors of the Magdalen laundries under the provisions of the Redress for Women Resident In Certain Institutions Bill 2014, or if these survivor will be restricted to those ophthalmic services already available to medical card holders. [5114/15]
Amharc ar fhreagra116. Deputy Mary Lou McDonald asked the Minister for Health if private physiotherapy services will be made available to survivors of the Magdalen laundries under the provisions of the Redress for Women Resident In Certain Institutions Bill 2014. [5115/15]
Amharc ar fhreagraI propose to take Questions Nos. 105 and 105 to 116, inclusive, together.
As the Deputy will be aware, the Redress for Women Resident in Certain Institutions Bill 2014, which was published by the Minister for Justice, completed Second Stage in the Dáil last week. The Committee Stage of the debate is scheduled to commence today.
It is anticipated that the Bill, which provides, inter alia, for health services to be made available without charge to participants in the redress scheme, will continue its passage through both Houses over the coming weeks. The final provisions of the Bill will be determined in the course of the Oireachtas debate.
It will be a matter for the HSE to decide on the practical arrangements to be put in place for access to health services for participants living in the State and abroad when the legislation is in place. These arrangements are currently being considered by the HSE.
106. Deputy Mary Lou McDonald asked the Minister for Health if the breaches outlined in the Health Service Executive internal audit of the Positive Action group were attributed to expenses incurred under the HAA cards in the possession of hepatitis C survivors. [5104/15]
Amharc ar fhreagraThe HSE provided funding to Positive Action from 2005 to March 2014 under section 39 of the Health Act 2004. An internal audit of Positive Action was commenced in October 2013 as part of the HSE's audit plan for that year. The audit related to the period 1 January 2009 to 31 August 2013. It examined Positive Action's financial records, systems of internal controls, corporate governance procedures and processes and compliance with the provisions of Service Level Agreements/Funding Agreements/Grant Aid Agreements linked to the expenditure incurred by the organisation and its board of Directors. The audit concluded in July 2014 and the HSE ceased funding the organisation in March 2014.
A Health (Amendment) Act (HAA) Card is provided to men, women and children who contracted Hepatitis C from the administration within the State of contaminated blood or blood products. This card entitles the holder to a range of healthcare services including GP services, all prescribed drugs, medicines and appliances, dental and ophthalmic services, home support, home nursing, counselling services and other services without charge. Positive Action did not have any role in the administration of services to HAA cardholders.
