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Wednesday, 15 Apr 2015

Written Answers Nos. 643-656

Health Services Provision

Ceisteanna (644)

Finian McGrath

Ceist:

644. Deputy Finian McGrath asked the Minister for Health the position regarding occupational and speech and language therapy in respect of a person (details supplied) in Dublin 5; and if he will make a statement on the matter. [14939/15]

Amharc ar fhreagra

Freagraí scríofa

As the issue raised by the Deputy relates to an individual case, this is a service matter for the Health Service Executive. I have asked the HSE to look into the particular matter raised and to reply directly to the Deputy. 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.

Semi-State Bodies

Ceisteanna (645)

Billy Timmins

Ceist:

645. Deputy Billy Timmins asked the Minister for Health if he will provide a list of the semi-State commercial companies under his control; the policy of a dividend payment to the Exchequer from each company; the dividend paid by each company to the Exchequer for each year from 2000 to 2014, inclusive; and if he will make a statement on the matter. [14966/15]

Amharc ar fhreagra

Freagraí scríofa

The VHI is the only commercial semi-State Company under the aegis of my Department. VHI is not required under its governing legislation to make dividend payments to the Exchequer.

Undocumented Irish in the USA

Ceisteanna (646)

Gerry Adams

Ceist:

646. Deputy Gerry Adams asked the Minister for Foreign Affairs and Trade if he raised with the Obama Administration the introduction of a waiver policy for Ireland, currently available through the embassies of the United States of America in several other states, which would remove the current obstacle of the three and ten-year bars for undocumented Irish citizens in the United States of America. [12790/15]

Amharc ar fhreagra

Freagraí scríofa

Achieving relief for undocumented Irish migrants in the US is a priority for the Government in our contacts with the United States. Through our Embassy in Washington and our Consulates throughout the U.S., we continue to work closely with high level Government contacts and with many other individuals and groups across Irish America and beyond. All of this work is aimed at achieving relief for undocumented Irish migrants in the United States and improved channels for legal migration between Ireland and America.

Throughout his recent visit to the US and in a series of high level contacts with the US Administration, with Congress and at State level, the Taoiseach raised the issue of immigration reform and the plight of the undocumented Irish, stressing that almost every family in Ireland is related to or knows somebody who is caught up in this deeply distressing situation.

During his meeting with President Obama on 17 March the Taoiseach commended him on his executive action announced late last year. The Deputy would be aware that this action is currently the subject of legal proceedings in the US federal courts. The Taoiseach emphasised the need to allow the undocumented to come out of the shadows and be free to travel home for family events. He also highlighted the issue of those amongst the Irish undocumented who might be eligible for visas, but who would be required to return to Ireland for their issuance and hence would require waivers for their prior period of undocumented residence.

The Taoiseach also pointed to the need for a legal pathway to allow for future Irish immigration to the US for those who wish to make a contribution there, expressing the hope that a political way forward could be found on this issue which would encourage progress on a comprehensive legislative package by Congress. President Obama spoke of his executive actions on immigration reform and acknowledged the contribution of Irish immigrants to America’s development. He considered that one of the great strengths of the United States had always been its willingness to welcome new immigrants to its shores.

The Government has had many contacts in recent years with the US to promote immigration reform and to press for any viable opportunities which would be of potential value to the Irish undocumented. As part of this ongoing process, and on my instructions, a letter was sent from my Department to the US Embassy in Dublin on 24 February in regard to immigration reform and particularly raising the issue of visa waivers. The US Embassy has acknowledged receipt of the letter and has indicated that it hopes to respond in the near future. Both I and my Department are keeping in close contact with the US Embassy on this matter.

I also raised immigration reform issues, including the issue of travel for the Irish undocumented and the visa waiver issue, when I met with Vice President Biden in Boston on 30 March.

The Government as a whole, including my Department in Dublin and our Embassy in Washington, will continue to actively follow up on all of the issues raised in recent contacts with the US Administration, with Congress and with the US Embassy in Ireland.

Foreign Conflicts

Ceisteanna (647, 648)

Paul Murphy

Ceist:

647. Deputy Paul Murphy asked the Minister for Foreign Affairs and Trade the discussions he has held with European Union Ministers for Foreign Affairs and the High Representative for Foreign Affairs on the conflict in Yemen; and his views on the support France and the United Kingdom are providing to one side in the conflict. [13897/15]

Amharc ar fhreagra

Paul Murphy

Ceist:

648. Deputy Paul Murphy asked the Minister for Foreign Affairs and Trade if representations have been made to embassies of Middle Eastern or north African states to Ireland on the conflict in Yemen; and the representations that have been made by embassies of Ireland in the region to respective states on the conflict in Yemen. [13898/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 647 and 648 together.

The EU Foreign Affairs Council most recently considered the situation in Yemen at its meeting on 9 February 2015. At this meeting, I participated in a discussion of the crisis in Yemen with my fellow Ministers and with the High Representative. In light of this, conclusions were published which set out the EU’s views on the steps required to achieve a sustainable solution to the developing crisis in the country at that time.

Regrettably, the political and security crisis in Yemen has deepened since then. In recent weeks, a coalition of states led by Saudi Arabia has launched air strikes in response to advances by Houthi forces.

My Department has not, to date, discussed the recent crisis in Yemen with the Embassies of Middle Eastern or North African countries.

Our Embassy in Riyadh, which covers Yemen, is carefully monitoring the evolving crisis and its implications for the region, as well as providing consular assistance to Irish citizens affected by recent events.

Yemen is expected to feature in discussions at the upcoming Foreign Affairs Council on 20 April. At this meeting I look forward to engaging in a discussion of the crisis in Yemen in light of recent events with the High Representative and with my fellow Ministers, including those from France and the UK.

I am not in a position to comment on the support, if any, provided by other states to the Saudi-led coalition.

My own view is that peace talks are the optimum way to achieve a political consensus which can restore order to Yemen and avoid a protracted and sectarian conflict with implications for the future of Yemen and for the stability of the region. I would encourage all parties to engage with UN Special Adviser Jamal Benomar to this end, so that a ceasefire can be agreed and a negotiated political solution found.

Human Rights

Ceisteanna (649)

Clare Daly

Ceist:

649. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade if he will immediately and publicly call on the Egyptian Government to release a person (details supplied). [13979/15]

Amharc ar fhreagra

Freagraí scríofa

I, and officials in my Department including our Embassy in Cairo, have raised this case with the Egyptian authorities on many occasions.

The Irish Government has formally supported applications by this individual’s lawyers for his release. I have spoken personally to my Egyptian counterpart on a number of occasions, including as recently as 2 April, to underline our support for this citizen’s release and to highlight key humanitarian concerns.

We keep all aspects of this case, including the Department’s own approach, under review. However, at all times, the key consideration for me and my Department has been, and will continue to be, to ensure that any action that is taken is in this citizen’s best interests.

Given that the trial has now commenced and a petition for the individual’s release on bail is now currently being considered by the Egyptian courts we would not propose to be making further public comment on this case at this time. This is entirely consistent with our approach in other cases involving Irish citizens. W here Irish citizens are charged with offences abroad, it is the foreign court which decides matters such as bail and release. Just as responsible public representatives here cannot interfere with legal cases ongoing before the Irish courts, Ireland cannot directly intervene in cases before foreign courts.

However, I would like to assure the deputy that officials in the Department of Foreign Affairs and Trade, both in Dublin and in Cairo, remain in ongoing contact with this individual and his family, and will continue to offer full consular support. We will continue to engage appropriately with the Egyptian authorities, will remain resolute in seeking to protect the interests of the citizen concerned and will do all possible to achieve a positive outcome.

Irish Language

Ceisteanna (650)

Terence Flanagan

Ceist:

650. Deputy Terence Flanagan asked the Minister for Foreign Affairs and Trade the steps being taken to promote the use of Irish in his Department; and if he will make a statement on the matter. [14174/15]

Amharc ar fhreagra

Freagraí scríofa

In accordance with the Official Languages Act 2003 and the 20-Year Strategy for the Irish Language, my Department is committed to continued implementation of the regulations under the Official Languages Act, including increasing the number of functional bilingual officials to promote the use of the Irish language and to deliver services in Irish. The most recent skills audit of all staff revealed that 55 staff members in my Department had advanced or fluent Irish language skills, while a further 160 officers declared that their Irish language skills were at an intermediate level. This is approximately 20% of permanent HQ-based staff.

My Department fully supports all staff in the development and maintenance of their Irish language proficiency and has provided in-house classes in recent years, which over 200 officers registered to attend. Officers at some of our diplomatic missions have also availed of Irish language classes, particularly in countries with the largest diaspora communities. New, intensive refresher courses are being developed this year for officers to enhance the capacity of our overseas missions to promote the use of Irish abroad.

Officers are also encouraged to develop their Irish language skills in their own time and my Department is happy to fund appropriate and relevant tuition undertaken outside of office hours.

The Department’s Coiste Gaeilge (Irish Committee), an active group comprising officers at all levels of the Department, meets on a regular basis. The promotion of the Irish language within the Department is a standing item on its agenda. A notable example of their activity was an interactive Seachtain na Gaeilge event, held last month, involving a bilingual panel discussion on the Department’s role in promoting the Irish language in Ireland and abroad. The event attracted a capacity audience in our largest meeting space, and was characterised by a high level of participation in the discussion, including by staff based abroad, who participated via video conference technology.

Passport Applications

Ceisteanna (651)

Paul Murphy

Ceist:

651. Deputy Paul Murphy asked the Minister for Foreign Affairs and Trade further to Parliamentary Question No 742 of 24 March 2015, the procedures with regard to establishing whether, in fact, a passport applicant has reduced capacity; and the acceptable documentation or proof that a person must furnish to show they are duly authorised to act on behalf of an applicant with reduced capacity. [14247/15]

Amharc ar fhreagra

Freagraí scríofa

All Passports are issued in accordance with the Passport Act 2008. When it is brought to the attention of the Passport Service that a passport applicant has reduced capacity, then the provisions of S6 (4) of the Passports Act 2008 are applied. Section 6 (4) states, “An application for the issue of a passport to a person who is suffering from a physical or mental incapacity may be made on his or her behalf by a person duly authorised to act on his or her behalf.”

Where these circumstances occur, the Passport Service requires evidence from an individual(s) that they are duly authorised to act on behalf of the applicant and where this evidence is provided, generally in the form of a court order, a passport issues.

Citizenship Status

Ceisteanna (652)

Terence Flanagan

Ceist:

652. Deputy Terence Flanagan asked the Minister for Foreign Affairs and Trade if he will address a matter (details supplied) regarding a passport; and if he will make a statement on the matter. [14286/15]

Amharc ar fhreagra

Freagraí scríofa

The Passports Act, 2008 (the Act) provides, among other things, that only Irish citizens are entitled to be issued with Irish passports. Each application received by the Passport Service must, therefore, contain relevant evidence that demonstrates that person’s entitlement to Irish citizenship before a passport can issue to him/her.

The child in question was born in the State in 2012. Her entitlement to Irish citizenship is, therefore, subject to the terms of section 6A of the Irish Nationality and Citizenship Act, 1956, as amended (the 1956 Act). This provides that a person, born in the State on or after 1 January 2005, where neither parent is an Irish or British citizen or otherwise entitled to reside in the State or Northern Ireland without restriction at the time of that person’s birth, may claim citizenship by birth in the State (and thereby establish eligibility for an Irish passport) only where a parent has been lawfully resident in the State for three years of the four years preceding that person’s birth.

Moreover, section 6B(4)(b) of the 1956 Act specifies that certain periods of residence shall not be reckonable for the purposes of section 6A. This includes periods of residence which are allowed under the Immigration Act 2004 for the purposes of study.

The evidence of permissions which were issued to the child’s parent during the four year period prior to her birth (i.e. 2008 to 2012) show that these were issued for the purpose of study in Ireland. This residence is not, therefore, reckonable for the purposes of section 6A of the 1956 Act. Accordingly, the child’s entitlement to Irish citizenship has not been demonstrated and therefore no entitlement to an Irish passport exists under the Act.

As the Deputy is aware, a passport was issued in 2012. This was an error on the part of the Passport Service which was only detected when the child’s parents applied to renew the issued passport. The Passport Service has both met and written to the parents to give notice of its decision to refuse their child a passport under the Act and to explain the reasons, for this course of action. In accordance with fair procedure, they have been given the opportunity, before the 14th of May, to make any representations in the matter or present additional evidence that may warrant the issue of a passport under the Act. No final decision will be taken in this matter until this period of time for additional information has elapsed.

In the event that additional information is provided, the application will be reviewed.

International Relations

Ceisteanna (653)

Maureen O'Sullivan

Ceist:

653. Deputy Maureen O'Sullivan asked the Minister for Foreign Affairs and Trade if he will reaffirm Ireland's position of supporting small countries' right to self-determination and their right to apply social policies that their Governments were democratically elected to apply without interference from larger powers in the region, in view of a recent statement from the President of the United States of America condemning Venezuela as being a threat to the national security of the United States of America solely on the basis that Venezuela has a left-wing socialist Government that does not agree with the capitalist agenda of the United States of America; and if he will make a statement on the matter. [14299/15]

Amharc ar fhreagra

Freagraí scríofa

I am following the situation in Venezuela closely and with great concern. Increasing tension and political polarisation, coupled with a severe economic crisis, have resulted in serious shortages in medical supplies and daily goods for the people of Venezuela. If the situation is not resolved soon, I fear that a severe humanitarian crisis may develop.

As I have indicated before, the deaths, casualties and detentions arising from the unrest in Venezuela require full, impartial investigation in accordance with due legal process. The apparently high levels of impunity in the case of serious crimes is a matter of further concern.

I share the view expressed by EU High Representative Mogherini, and by Venezuela’s regional partners, that the government there must work with all parties and with civil society to overcome the difficult situation in the country and meet the legitimate concerns of the people.

The people of Venezuela must of course enjoy the right to determine their own future. I remain of the view that the best hope for progress is for an inclusive dialogue to address challenges facing the country, which fully respects the democratic rights of people on all sides.

Foreign Conflicts

Ceisteanna (654)

Maureen O'Sullivan

Ceist:

654. Deputy Maureen O'Sullivan asked the Minister for Foreign Affairs and Trade if he will condemn, and make Ireland's views known at European Union level regarding, the serious reports (details supplied) that Israeli authorities illegally bulldozed temporary shelters for Palestinians in east Jerusalem which were funded by the European Union, particularly in view of the discussions in Brussels recently regarding the trend of Israel destroying hundreds of millions of euro of aid from the European Union to the Palestinian people, if he will make Ireland's position on this serious matter known. [14300/15]

Amharc ar fhreagra

Freagraí scríofa

Ireland has consistently condemned the dispossession and eviction of Palestinian people in order to clear land for Israeli settlements. This is clearly contrary to international law. We have also consistently made this clear at EU level, and urged stronger action to oppose this policy.

The report cited by the Deputy in relation to Bedouin communities in East Jerusalem is part of this general pattern, although in this case the stated basis for eviction was that the area is in a national park.

The EU has consistently condemned these policies, most recently in the Conclusions of the Foreign Affairs Council in November 2014.

Foreign Conflicts

Ceisteanna (655)

Maureen O'Sullivan

Ceist:

655. Deputy Maureen O'Sullivan asked the Minister for Foreign Affairs and Trade if he will use the upcoming Foreign Affairs Council to raise the deplorable situation in Gaza and the fact that six months on from the ceasefire rebuilding in the latter has not begun; if he will oblige the European Union to put pressure on Israel to completely lift the blockade of Gaza; if he will request the European Union to put pressure on Egypt to remove restrictions on the border with Gaza at Rafah; and if he will make a statement on the matter. [14301/15]

Amharc ar fhreagra

Freagraí scríofa

Ireland will continue to press, at EU level and elsewhere, to maintain focus on the need both to reconstruct Gaza and to work to break the cycle of violence which has operated there. The EU has consistently called for the opening of Gaza, and a broad change of Israeli policies there, most recently in the Conclusions of the Foreign Affairs Council in November last. I made these points directly to the Israeli Foreign Minister during my visit to the region in February.

During my visit, I saw for myself the huge humanitarian needs in Gaza. Some reconstruction has indeed begun. UN agencies have to date been concentrating on the huge task of clearing rubble to allow for new building to take place, and in the meantime in repairing houses which were damaged but not destroyed. At the time of my visit, more than 47,000 people had obtained repair materials for their homes through the Gaza Reconstruction Mechanism. I was pleased to announce Irish funding of €4.7 million for UNRWA and the UN’s Emergency Response Fund in the course of my visit.

Clearly, more needs to be done in all these areas – for donors to make good on their pledges, for increased supply of construction materials into Gaza, and ultimately for the opening of Gaza to normal trade and movement.

I do urge the Egyptian Government to try to keep the Rafah crossing point open as much as possible. However, we must recognize that Egypt is fighting a growing insurgency in northern Sinai, some of which they believe has links to groups in Gaza, and their own security is at present their priority concern. This was underlined by the attacks in Sinai which killed at least 14 Egyptian police, soldiers and civilians on Sunday, including a bomb attack in El Arish, the city and port directly outside Gaza. I offer our condolences to the families of all those killed or injured.

Civil Registration Documentation

Ceisteanna (656)

Brendan Smith

Ceist:

656. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade the reason there has been a delay in processing the MP2A and MP1 forms in respect of a person (details supplied) in County Dublin who is due to be married in July in Latvia; if he is aware of the difficulties that may arise as a result of the delay; if his Department will endeavour to complete this process as soon as possible; and if he will make a statement on the matter. [14498/15]

Amharc ar fhreagra

Freagraí scríofa

The Department of Foreign Affairs and Trade issues civil letters of freedom (known as Certificats de Coutume) to facilitate Irish citizens who wish to get married or enter into a civil partnership abroad. It is not an Irish requirement, but rather a requirement of the country abroad where the marriage or civil partnership is taking place. I am aware that the individual concerned is planning to get married in Latvia on 18 July.

As you will appreciate, the majority of the applications received are for marriages taking place over the summer months. As a result of the very large volume of applications being received within a narrow time frame, we are currently issuing Certificats de Coutume between six to eight weeks in advance of the date of the marriage or civil partnership.

I note that the applicant submitted his application in good time and he was advised that his application will be finalised in early May, which would be approximately ten weeks before his wedding date.

My Department has always sought to facilitate Irish citizens who are seeking letters of freedom to marry or enter into a civil partnership abroad and I would like to reassure the Deputy that the applicant’s letter will be issued at the earliest possible opportunity.

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