Terence Flanagan
Ceist:101. Deputy Terence Flanagan asked the Minister for Justice and Equality the position regarding An Garda Síochána Reserve (details supplied); and if she will make a statement on the matter. [21083/15]
Amharc ar fhreagraGarda Reserve
Ceisteanna (101)
Freagraí scríofa
As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel 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 been informed by the Garda Commissioner that the current strength of the Garda Reserve on the 31 March 2015, the latest date for which figures are readily available, is 1,079.
I fully support the important role of the Garda Reserve in the delivery of the policing service. I am informed by the Garda Commissioner that she is currently finalising arrangements to extend the powers and functions of Reserve members with a view to implementation at an early date.
Garda Reserve
Ceisteanna (102)
Terence Flanagan
Ceist:102. Deputy Terence Flanagan asked the Minister for Justice and Equality the position regarding promoting members of An Garda Síochána Reserve to be full-time members of An Garda Síochána (details supplied); and if she will make a statement on the matter. [21084/15]
Amharc ar fhreagraFreagraí scríofa
Recruitment competitions to An Garda Síochána are open to all who meet the eligibility criteria which are set out in the Garda Síochána (Admissions and Appointments) Regulations 2013.
For those who do meet these requirements, the Admission and Appointment Regulations provide that, as part of the competitive selection process organised by the Public Appointments Service for full-time membership of An Garda Síochána, "due recognition to any satisfactory service by the person as a reserve member" shall be given to such candidates. This provision was introduced in order to acknowledge the beneficial experience and skills gained by a reserve member and to allow them, at assessments and at interview, the opportunity to highlight that experience and skill. It is important that all persons wishing to join the full time force undergo the same competitive selection and recruitment process. In doing so the integrity of the process is maintained at all stages of the competition.
Road Traffic Offences
Ceisteanna (103)
Pearse Doherty
Ceist:103. Deputy Pearse Doherty asked the Minister for Justice and Equality the amount of revenue that as been raised from speeding fines within a GoSafe safety camera location (details supplied) in County Donegal since January 2015; and if she will make a statement on the matter. [21163/15]
Amharc ar fhreagraFreagraí scríofa
I understand that it is not possible to extract from overall data with respect to Fixed Charge Notice income and Court fines the amount of revenue collected as a consequence of speeding detections at any individual Safety Camera location.
Immigration Status
Ceisteanna (104)
Bernard Durkan
Ceist:104. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [21171/15]
Amharc ar fhreagraFreagraí scríofa
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order and therefore has no entitlement to residency in the State.
Representations were received from the persons' legal representative, pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.
The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.
The cases of the children of the person concerned are at various stages of the immigration process and will be determined in due course. As none of them have a current permission to remain in the State, other than in the context of making applications for asylum or subsidiary protection, they are not eligible to apply for naturalisation.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by email using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
Immigration Status
Ceisteanna (105)
Bernard Durkan
Ceist:105. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [21172/15]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned has submitted written representations. These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, in advance of a final decision being made.
I am advised that the passport of the person concerned is not held on their immigration case file.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
Immigration Status
Ceisteanna (106)
Bernard Durkan
Ceist:106. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress in determining residency status in the case of a person (details supplied) in County Waterford; if all of the information required has been submitted to facilitate this person's case; and if she will make a statement on the matter. [21173/15]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned has submitted written representations.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, in advance of a final decision being made.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
Citizenship Applications
Ceisteanna (107)
Bernard Durkan
Ceist:107. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determining an application for naturalisation in the case of a person (details supplied) in County Kildare; if all the information requested from this person has been supplied; and if she will make a statement on the matter. [21174/15]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for a certificate of naturalisation from the person referred to by the Deputy, who currently has permission to reside in the State until 31 December, 2015, is at an advanced stage. A request for additional information was responded to. The application will be submitted to me for decision as expeditiously as possible.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
Immigration Status
Ceisteanna (108)
Bernard Durkan
Ceist:108. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in regard to regularising the residency/determining the status of of a person (details supplied) in County Clare; and if she will make a statement on the matter. [21175/15]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department, that the person mentioned by the Deputy arrived in the State on 10/05/2011 and was registered as a student until 16/05/2012. If it is the case that the individual in question has remained in the State since that time it would therefore seem that this person has remained here without permission. This is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-Irish national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non Irish national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.
It would seem that this person failed to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non nationals in respect of registration and in particular to the requirements of Section 9(2)(b) of the Act of 2004.
A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence is liable under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.
The person in question should now present himself to his local Garda Station.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
Immigration Status
Ceisteanna (109)
Bernard Durkan
Ceist:109. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status in the case of a person (details supplied) in Dublin 6, with particular reference to the updating of the person's residency status; and if she will make a statement on the matter. [21178/15]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service that the person mentioned by the Deputy arrived in the State on 03/10/2008 as a dependent and had permission, as such, until 30/07/2010. As this permission was not renewed, it would therefore seem that this person has remained in the State without the permission of the Minister for Justice and Equality. This is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-EEA national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non EEA national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State. It would seem that this person has failed to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non nationals in respect of registration and in particular to the requirements of Section 9(2)(b) of the Act of 2004.
A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence is liable under Section 13 of the Act of 2004 to a fine not exceeding €3000 or to imprisonment for a term not exceeding 12 months or to both.
As this person is in the State as a dependant they should be advised to make an application to INIS.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
Deportation Orders Re-examination
Ceisteanna (110)
Bernard Durkan
Ceist:110. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if it will be possible to review on humanitarian grounds the case of a person (details supplied) in Dublin 6; and if she will make a statement on the matter. [21179/15]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is a subject of a Deportation Order that was effected on 16 June 2013. The person concerned recently returned to the State in breach of the conditions of that order.
The person concerned has ongoing Judicial Review proceedings seeking to quash a decision refusing readmittance to the asylum process under Section 17(7) of the Refugee Act, 1996 (as amended). As the foregoing matters are sub judice, I am precluded from commenting further.
Queries in relation to the status of individual immigration cases may be made directly to INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.
Employment Rights
Ceisteanna (111)
Michael McGrath
Ceist:111. Deputy Michael McGrath asked the Minister for Justice and Equality the legal position regarding entitlement to maternity leave and parental leave in respect of a person who becomes a parent through surrogacy abroad; and if she will make a statement on the matter. [21227/15]
Amharc ar fhreagraFreagraí scríofa
Under existing Irish law and EU Directives, maternity leave is only available to a mother who gives birth to a child. This position has been supported by Judgment C-363/12 of the European Court of Justice delivered in March 2014.
Eligibility for parental leave is wider. Parental leave may be available to persons who are the natural parents, adoptive parents, adopting parents or acting in loco parentis to a child.
Family Support Services
Ceisteanna (112)
Finian McGrath
Ceist:112. Deputy Finian McGrath asked the Minister for Children and Youth Affairs the position regarding a crisis at a resource centre (details supplied) in Dublin 5; and if he will make a statement on the matter. [21153/15]
Amharc ar fhreagraFreagraí scríofa
As advised previously, the Resource Centre referred to by the Deputy had closed temporarily due to ongoing difficulties.
Tusla met with the Voluntary Board of Management of the Centre on Wednesday, May 20th and were informed by the Board that the Centre is now open to the community.
Tusla has agreed a strategy with the Board regarding the continued funding of the Centre under the Family Resource Centre Programme, in the context of Tusla's mandate for community-based early intervention and family support.
Palliative Care Services
Ceisteanna (113)
John Halligan
Ceist:113. Deputy John Halligan asked the Minister for Health the percentage of patients in University Hospital Waterford provided with a specialist palliative care service in their place of residence within seven days of referral in each of the years 2010 to 2014 and in 2015 to date; the staff resources allocated to the provision of specialist palliative care service in the home in County Waterford; if additional resources have been allocated through the 2015 operational plan; when these will come on stream; the percentage of patients admitted to a specialist palliative care inpatient bed within seven days of referral in the hospital in each of the years 2010 to 2014 and in 2015 to date; the percentage of patients who received a specialist palliative care service in the community in County Waterford in the same years; if he will provide an update on the status of the new 20-bed palliative care unit to be situated on the grounds of the hospital; the way the construction of this new unit is to be funded; and if he will make a statement on the matter. [20885/15]
Amharc ar fhreagraFreagraí scríofa
An average of 87% of patients in University Hospital Waterford referred were provided with a specialist palliative care service in their place of residence within seven days of referral in each of the years 2010, 2011, 2012, 2013, 2014 and to date in 2015. The average percentage of patients referred who were admitted to a specialist palliative care in-patient bed in University Hospital Waterford within seven days of referral for each year identified is 100%. The average number of patients in receipt of specialist palliative care in the community per month for the same years in County Waterford is 87.
With regard to the staff resources allocated to the provision of specialist palliative care service in the home in County Waterford, the Health Service Executive provides funding to the Waterford Hospice Movement through the Section 39 grant aid process to support the delivery of Community Specialist Palliative Care Services. The current staffing resources allocated to this service include 6 WTE Nursing Staff and 0.5 WTE Occupational Therapists, with Complementary Therapist Sessions as demand requires. There was one additional Clinical Nurse Specialist allocated to this service in 2015 by the Health Service Executive and this post is currently being recruited.
A new 20-bed Specialist Palliative Care In-Patient Unit is to be built as part of the €20m redevelopment of University Hospital Waterford. Enabling works have been completed and a planning permission application has been submitted to Waterford County Council. Construction is planned to commence in Q1 2016 and is expected to be completed in Q4 2017. Following fit-out and commissioning the unit is planned to open in early 2018 and will comprise of 20 in-patient palliative care beds, palliative care day care, and a further three floors of 24 single rooms on each floor. The Waterford Hospice Movement has committed to providing substantial capital funding towards the palliative care element of this development.
The Palliative Care Unit at University Hospital Waterford was approved on the basis that it is revenue neutral. This will be staffed by existing resources currently working in Palliative Care, both in acute and sub-acute services and across the South East. Resources will be in place to operate the unit as planned in 2018 in line with the Project Plan.
Nursing Home Services
Ceisteanna (114)
John McGuinness
Ceist:114. Deputy John McGuinness asked the Minister for Health if funding will be provided to New Ross Community Hospital in County Wexford towards running costs and refurbishments to meet Health Information and Quality Authority standards; and if he will make a statement on the matter. [21056/15]
Amharc ar fhreagraFreagraí scríofa
New Ross Community Hospital Ltd. is a voluntary organisation providing long term residential and short term care. As an approved centre for the purposes of the Nursing Homes Support Scheme residents can receive financial support towards their cost of care at New Ross. The hospital also receives funding from the HSE under Section 39 of the Health Act 2004.
Since 2009 all nursing homes - public, voluntary (including New Ross Community Hospital) and private - have been registered and inspected by HIQA. I understand that significant refurbishment works are required at the hospital to comply with HIQA standards. If a centre is not in compliance by July 2015 it must agree a realistic time bound costed plan with the Authority. This is a matter for the management of the Hospital and HIQA.
Demand for capital investment for the Community Nursing Unit programme far exceeds the funding available, and investment must therefore be allocated as effectively as possible based on the HSE's assessment of priorities. At present this funding programme focuses on the upgrade and refurbishment of existing public facilities to achieve compliance with HIQA.
I understand that the HSE has worked closely with New Ross Community Hospital in relation to the challenges faced and will continue to support them in every way possible.
Pension Provisions
Ceisteanna (115)
John McGuinness
Ceist:115. Deputy John McGuinness asked the Minister for Health the reason a full pension is not being paid in respect of a person (details supplied) in County Tipperary; and if the special circumstance of the case will be reviewed and a positive result expedited. [21057/15]
Amharc ar fhreagraFreagraí scríofa
I have asked the HSE to respond to the Deputy directly on the matter. 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.
HIQA Remit
Ceisteanna (116)
Billy Kelleher
Ceist:116. Deputy Billy Kelleher asked the Minister for Health if the Health Information and Quality Authority has authority to carry out inspections of the premises used by general practitioners to provide services to patients covered by the medical card scheme or private patients; if such inspections have been carried out to date; if the reports of any such inspections are available; if it is planned to carry out such inspections in the future; and if he will make a statement on the matter. [21067/15]
Amharc ar fhreagraFreagraí scríofa
The Health Information and Quality Authority was established by the Health Act 2007. As general practitioners are self employed contractors they do not come within the existing scope of the Health Act 2007 and, therefore, are not subject to HIQA inspections.
I intend bringing a Memo to Government shortly seeking Government approval to draft amendments to the Health Act 2007 as an interim step towards the licensing of healthcare providers. This amendment would seek to extend HIQA's remit for standard setting and monitoring to the private healthcare sector in the shorter term. This would mean that HIQA’s powers to set and monitor standards and, where necessary, to undertake investigations would apply to both public providers and certain private healthcare providers. It is not intended to extend HIQA's remit to cover general practice at this time.
Medical Aids and Appliances Provision
Ceisteanna (117, 142)
Billy Kelleher
Ceist:117. Deputy Billy Kelleher asked the Minister for Health if Medtronic's i-port Advance injection device will be added on the long-term illness card; the advancement of the assessment process; and if he will make a statement on the matter. [21070/15]
Amharc ar fhreagraMichael McGrath
Ceist:142. Deputy Michael McGrath asked the Minister for Health his plans to make Medtronic’s i-port Advance injection device available on the long-term illness scheme for children with diabetes; and if he will make a statement on the matter. [21228/15]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 117 and 142 together.
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.
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 the product, i-port Advance™, to be added to the List of Reimbursable Items 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.
An Expert Group, chaired by the Clinical Lead of the HSE Diabetes Programme, was convened by the HSE to (i) assess the clinical evidence to support the use of the product, (ii) consider whether the product is appropriate for reimbursement status under Schemes and (iii) assist in the determination of the ‘value’ that the innovation presents. The Expert Group did not find that the product was either clinically effective or cost effective, and therefore did not recommend that the product should be reimbursed. The Director of Primary Care accepted the recommendation of the Expert Group and the company was informed of the HSE's decision on the 20th April 2015.
Orthodontic Services Provision
Ceisteanna (118)
Caoimhghín Ó Caoláin
Ceist:118. Deputy Caoimhghín Ó Caoláin asked the Minister for Health when a person (details supplied) in County Meath will receive an appointment for orthodontic surgery; and if he will make a statement on the matter. [21072/15]
Amharc ar fhreagraFreagraí 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.
Medical Card Eligibility
Ceisteanna (119)
Michael Healy-Rae
Ceist:119. Deputy Michael Healy-Rae asked the Minister for Health the position regarding an entitlement to a medical card in respect of persons (details supplied) with motor neuron disease; and if he will make a statement on the matter. [21077/15]
Amharc ar fhreagraFreagraí scríofa
In accordance with the Health Act 1970 (as amended), the assessment for a medical card is determined primarily by reference to the means, including the income and expenditure, of the applicant and his or her partner and dependants. There is no entitlement to a medical card for a person with a particular illness or medical condition.
The Deputy will be aware of the publication of the Report of the Expert Panel on Medical Need for Medical Card Eligibility and the Medical Card Process Review in November 2014. Key findings of the Expert Panel were that it would not be feasible, desirable or ethically justifiable to list medical conditions in priority order for medical card eligibility and that a person’s means should remain the main qualifier for a medical card.
However, the Government recognises that the health service needs to be responsive to the circumstances of people with significant medical needs. Following publication of the two reports, in November 2014, the Minister for Health and I announced a series of measures to enhance the operation of the medical card scheme and make it more sensitive to people’s needs, especially where serious illness is involved. Where deemed appropriate in particular circumstances, the HSE may exercise discretion and grant a medical card even though an applicant's means exceed the prescribed threshold. Where a person does not qualify for a medical card, they may be provided with a GP Visit Card, appropriate therapy or other community supports.
The Deputy will also be aware that a Clinical Advisory Group has been appointed and it will provide an interim update on its work in June on the development of guidance on assessing medical card applications involving significant medical conditions, so as to take account of the burden involved and the needs arising from the condition and to ensure that appropriate services are provided to people who need them.
The medical card system is now operating in a more sensible and sensitive manner. The HSE is exercising greater discretion, as is evident in the increase in the number of discretionary medical cards in circulation - by over 63% from about 52,000 in mid-2014 to over 85,000 at the end of April this year.
Community Care
Ceisteanna (120)
Michael Healy-Rae
Ceist:120. Deputy Michael Healy-Rae asked the Minister for Health his views on a matter regarding a day care centre (details supplied) in County Kerry; and if he will make a statement on the matter. [21135/15]
Amharc ar fhreagraFreagraí scríofa
As this is a service issue this question has been referred to the HSE for direct reply. If a reply has not been issued within 15 working days, please contact my Private Office and they will follow up the matter with them.