Bernard Durkan
Ceist:114. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration will be given to the application for naturalisation in the case of a person (details supplied). [29427/17]
Amharc ar fhreagraNaturalisation Applications
Ceisteanna (114)
Freagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation on behalf of the person referred to by the Deputy has been recommenced and 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.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most straightforward cases are generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
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.
Residency Permits
Ceisteanna (115)
Bernard Durkan
Ceist:115. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 101 of 9 of May 2017, the procedure to be followed to regularise residency in the case of a person (details supplied). [29429/17]
Amharc ar fhreagraFreagraí scríofa
I refer to my response to Parliamentary Question No. 101 of 9 May 2017.
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that it has not received any correspondence or an application for an immigration permission from the person concerned. The person mentioned by the Deputy should be advised to present themselves to their local Immigration Office as soon as possible.
From the limited information provided, it appears that the person concerned may never have had permission to remain in the State, and they should be aware that under Section 5 of the Immigration Act 2004 it is unlawful for a non-national to be in the State other than in accordance with the terms of any permission given by the Minister for Justice and Equality. A person who contravenes such a requirement may have committed an offence and if found guilty is liable, under section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.
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 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 Question process. The Deputy may consider using the e-mail service except in questions where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
Residency Permits
Ceisteanna (116)
Bernard Durkan
Ceist:116. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration will be given to the issue of stamp 4 in the case of a person (details supplied); and if he will make a statement on the matter. [29430/17]
Amharc ar fhreagraFreagraí scríofa
I refer to my response to Parliamentary Question No. 100 of 9 May 2017.
The Irish Naturalisation and Immigration Service (INIS) of my Department have advised that the person mentioned by the Deputy registered as a student in the State on 10 March 2014 and also that their permission expired on 2 March 2015. INIS inform me that, to date, no further application has been received from the person concerned.
It appears that this person has been unlawfully in the State since March 2015. A non-national may not be in the State other than with the terms of any permission given to the person concerned by the Minister for Justice and Equality. A person who contravenes this requirement may have committed an offence and if found guilty is liable, under section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As this person does not have current immigration permission they are not entitled to work in the State.
As the person concerned appears to be illegal in the State, it is incumbent on them to present themselves at their local Immigration Office within 28 days.
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 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 Question process. The Deputy may consider using the e-mail service except in questions where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
Residency Permits
Ceisteanna (117)
Bernard Durkan
Ceist:117. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if stamp 4 will issue in the case of a person (details supplied); and if he will make a statement on the matter. [29431/17]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 11th March 2005 and therefore has no entitlement to residency in the State.
Representations were received on behalf of the person concerned 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 meantime, the Deportation Order remains valid and in place.
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.
Residency Permits
Ceisteanna (118)
Bernard Durkan
Ceist:118. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to regularise residency in the case of a person (details supplied); if this case can be urgently considered; and if he will make a statement on the matter. [29435/17]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in November 2011, the person concerned applied for Long Term Residency in the State. Long Term Residency is granted on the basis that a non-EEA national has completed five years legal residency in the State on work permit / work authorisation / working visa conditions. Residency is calculated from the corresponding Stamp 1 or Stamp 4 endorsements in an applicant's passport and not by the dates of commencement and expiry of each work permit. Periods of time where a person has not had legal residency cannot be counted in any application for long term residency.
My officials in INIS were in contact with the person concerned on 22 October 2012, seeking further information. To date this information has not been received by INIS and the application has been deemed abandoned.
As the person concerned has not held permission to reside in the State since 23 June 2012, it would therefore seem that they have 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-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-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.
It would appear that the person referred to by the Deputy 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, I would draw the Deputy's attention 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.
It is open to the person concerned to write to the Residence Unit 2 in INIS seeking a temporary permission (Stamp 1) in order for them to apply for a employment permit under the Reactivation Employment Permit scheme. Please see www.inis.gov.ie for details. The Employment Permits (Amendment) Act 2014 introduced on a statutory footing a new Employment Permit type, the "Reactivation Employment Permit", which will address this situation i.e where non-EEA nationals who entered the labour market legally on foot of an employment permit have now fallen out of the Employment Permits regime.
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 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
Residency Permits
Ceisteanna (119)
Bernard Durkan
Ceist:119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will consider offering temporary or medium-term residency status in the case of a person (details supplied); and if he will make a statement on the matter. [29436/17]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned are a husband and wife who are the subject of Deportation Orders made on 11th March 2005.
Both persons were deported from the State on 4th June 2006, however, according to information received from their legal representatives, they returned to this State the year after they were deported.
Representations were received on behalf of the persons concerned requesting that the Deportation Orders be revoked, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). The Deputy might wish to note that any such decision will be to ‘affirm’ or to ‘revoke’ the existing Deportation Orders. In the meantime, the Deportation Orders remain valid and in place.
The Deputy may wish to note that 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.
Residency Permits
Ceisteanna (120)
Bernard Durkan
Ceist:120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when stamp 4 will be renewed in the case of a person (details supplied); and if he will make a statement on the matter. [29439/17]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted leave to remain in the State for the period to 21 December, 2015. This decision was conveyed in writing to the person concerned by letter dated 21 December, 2012.
The person concerned is required to apply in writing for the renewal of this permission. As my Department's records show no evidence of such a renewal application having been made to date, it is recommended that the person concerned should do so without further delay.
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.
Residency Permits
Ceisteanna (121)
Bernard Durkan
Ceist:121. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of entitlement to short medium-term residency eligibility to apply for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [29443/17]
Amharc ar fhreagraFreagraí scríofa
If the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 26 of the International Protection Act, 2015.
Both the staff of the International Protection Office (the Chief International Protection Officer and International Protection Officers) and the Members of the International Protection Appeals Tribunal are independent in the performance of their protection functions.
A Customer Service Centre established by the International Protection Office may be contacted by individuals with any queries - info@ipo.gov.ie. Similarly, the International Protection Appeals Tribunal operate an email which can be contacted by individuals with any queries regarding their application - info@protectionappeals.ie.
Family Reunification Applications
Ceisteanna (122)
Bernard Durkan
Ceist:122. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if family reunification will be facilitated in the case of a person (details supplied); and if he will make a statement on the matter. [29445/17]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for family reunification from the person referred to by the Deputy is ongoing and will be submitted to me for decision as expeditiously as possible.
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.
Departmental Contracts Data
Ceisteanna (123)
Bríd Smith
Ceist:123. Deputy Bríd Smith asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the monetary value of all work contracted out under the aegis of her Department to external agencies or consultancies for work completed or investigations undertaken in human resources and industrial relations including hiring and interviewing of staff, disciplinary procedures and workplace related issues such as allegations of bullying and so on or dignity at work issues in each of the years 2015 and 2016. [29332/17]
Amharc ar fhreagraFreagraí scríofa
I am advised that no Human Resource or Industrial Relations work as described by the Deputy was contracted out by my Department to external agencies or consultancies during 2015 and 2016.
Action Plan for Rural Development
Ceisteanna (124)
Anne Rabbitte
Ceist:124. Deputy Anne Rabbitte asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs when the monetary committee meeting held on 29 March 2017 will reconvene; and if she will make a statement on the matter. [29415/17]
Amharc ar fhreagraFreagraí scríofa
I am assuming the Deputy is referring to Monitoring Committee for the Action Plan for Rural Development which met on the 23rd March 2017. The next meeting of this Committee is scheduled to take place on 20th July 2017.
Western Development Commission Funding
Ceisteanna (125)
Éamon Ó Cuív
Ceist:125. Deputy Éamon Ó Cuív asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs her plans to provide funding to the Western Development Commission in 2017 for investment in business and industrial projects under the western investment fund or other instrument the Western Development Commission has to assist business in the west in view of the growing underspend in her Department; and if she will make a statement on the matter. [29450/17]
Amharc ar fhreagraFreagraí scríofa
The Western Investment Fund (WIF) is an integral element of the Western Development Commission's (WDC) strategy for accelerating the economic and social development of the Western Region. The Fund provides risk capital, by the way of loans and equity (but not grant aid, which is prohibited under the Act) on a commercial basis to micro-enterprises, SMEs and social enterprises.
All investments from the WIF are repayable and all monies recouped are re-invested in enterprises in the region. The WDC works closely with its clients, supporting them on a long-term basis and helping them to achieve their growth targets.
The original Government Decision sanctioning Exchequer funding to the WIF set the upper limit for Exchequer investment at £25 million (€31.7 million). Funding was drawn down on an ongoing basis as required by the WDC.
There has been no additional allocation of Exchequer funding provided to the Fund in recent years, as the limit of €31.7 million was reached in 2010.
To date, the WDC has invested over €45 million in enterprises in the region. My understanding is that there is sufficient return on existing investments from the WIF to address any current and future investment needs.
Departmental Correspondence
Ceisteanna (126)
Jim Daly
Ceist:126. Deputy Jim Daly asked the Minister for Health his views on correspondence (details supplied) regarding indigenous medicine; and if he will make a statement on the matter. [29262/17]
Amharc ar fhreagraFreagraí scríofa
The World Health Assembly agreed a Resolution on Strengthening integrated, people-centred health services, which interalia urges WHO Member States
“to integrate where appropriate traditional and complementary medicine and modern health systems, based on national context and knowledge-based policies, while assuring the safety, quality and effectiveness of health services and taking into account a holistic approach to health ”.
The Resolution recalled the earlier World Health Assembly Resolution 67.18 (2014) on Traditional Medicine which requested the Director General of the World Health Organization (WHO):
- to continue to provide policy guidance to Member States on how to integrate traditional and complementary medicine services within their national and/or subnational health care system(s), as well as the technical guidance that would ensure the safety, quality and effectiveness of such traditional and complementary medicine services with emphasis on quality assurance;
- to continue to promote international cooperation and collaboration in the area of traditional and complementary medicine in order to share evidence-based information, taking into account the traditions and customs of indigenous peoples and communities.
My Department is keen that the WHO would act to support Member States particularly in relation to technical guidance and the sharing of evidence-based information on traditional and complementary medicine as, in their absence, evidence-based decisions cannot be taken. In this light, it is not my intention to integrate complementary and traditional medicine in the Irish healthcare services.
Hospital Appointments Status
Ceisteanna (127)
Michael McGrath
Ceist:127. Deputy Michael McGrath asked the Minister for Health the position regarding an admission date for surgery for a person (details supplied) in County Cork. [29264/17]
Amharc ar fhreagraFreagraí scríofa
Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.
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 HSE, 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.
HSE Staff
Ceisteanna (128)
Mick Barry
Ceist:128. Deputy Mick Barry asked the Minister for Health if the HSE can be directed to cease the practice of forcing its employees who are certified sick on a long-term basis being forced to go through the hardship of having to obtain fresh sick certificates on a monthly basis; and if he will make a statement on the matter. [29268/17]
Amharc ar fhreagraFreagraí scríofa
I have asked the HSE to respond to the Deputy directly on this matter.
Hospital Appointments Status
Ceisteanna (129)
Brendan Griffin
Ceist:129. Deputy Brendan Griffin asked the Minister for Health if a person (details supplied) in County Kerry will be provided with a date for surgery; and if he will make a statement on the matter. [29271/17]
Amharc ar fhreagraFreagraí scríofa
Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.
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 HSE, 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.
Hospital Appointments Status
Ceisteanna (130)
Mary Butler
Ceist:130. Deputy Mary Butler asked the Minister for Health when a person (details supplied) will receive an appointment to meet a consultant at UHW; and if he will make a statement on the matter. [29273/17]
Amharc ar fhreagraFreagraí scríofa
Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.
The scheduling of appointments for patients is a matter for the hospital to which the patient has been referred. Should a patient's general practitioner consider that the patient's condition warrants an earlier appointment, he or she should take the matter up with the consultant and the hospital involved. In relation to the specific case raised, I have asked the HSE to respond to you directly.
Health Services Provision
Ceisteanna (131)
Aengus Ó Snodaigh
Ceist:131. Deputy Aengus Ó Snodaigh asked the Minister for Health if he will address a matter regarding physiotherapy for a person (details supplied). [29276/17]
Amharc ar fhreagraFreagraí scríofa
As this question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply.
Hospital Charges
Ceisteanna (132)
Pearse Doherty
Ceist:132. Deputy Pearse Doherty asked the Minister for Health the reason a person (details supplied) has received a bill from Sligo University Hospital; the hospital charges and the amounts owing concerning this bill; if the hospital has made a decision in respect of this appeal; and if he will make a statement on the matter. [29277/17]
Amharc ar fhreagraFreagraí scríofa
In response to the particular query raised, as this is a service matter, I have asked the HSE to respond to you directly.
Cross-Border Health Services Provision
Ceisteanna (133, 134, 136, 172)
Róisín Shortall
Ceist:133. Deputy Róisín Shortall asked the Minister for Health the basis on which the HSE national contact point for the cross-border directive EU2011/24 places a limit for reimbursement for outpatient diagnostic procedures at the level of €130 (details supplied). [29296/17]
Amharc ar fhreagraRóisín Shortall
Ceist:134. Deputy Róisín Shortall asked the Minister for Health the legislative basis on which the HSE national contact point for the cross-border directive EU2011/24 places a limit for reimbursement for outpatient diagnostic procedures of €130 (details supplied). [29297/17]
Amharc ar fhreagraRóisín Shortall
Ceist:136. Deputy Róisín Shortall asked the Minister for Health if he will direct the HSE to establish a similar ready reckoner for all outpatient diagnostic procedures provided by the HSE for persons wishing to avail of treatment under the terms of the cross-border directive EU 2011/24 in view of the fact that the HSE national clinical programme, NCP, for the cross-border directive EU 2011/24 operates a ready reckoner for medical consultants to establish the HSE cost for procedures carried out under the terms of the cross-border directive. [29299/17]
Amharc ar fhreagraRóisín Shortall
Ceist:172. Deputy Róisín Shortall asked the Minister for Health the details of the operation of the cross-border directive; the number of persons that availed of this scheme in the past year and to date in 2017, by the location in which the treatment was carried out; and the type of treatment and costs involved, in tabular form. [29422/17]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 133, 134, 136 and 172 together.
The Directive on Patients' Rights in Cross Border Healthcare provides rules for the reimbursement of patients' of the cost of receiving treatment abroad, where the patient would be entitled to such treatment in their home Member State (Member State of Affiliation) and supplements the rights that patients already have at EU level through the legislation on the coordination of social security schemes (Regulation 883/04). The Directive seeks to ensure a clear and transparent framework for the provision of cross- border healthcare within the EU, for those occasions where the care patients seek is provided in another Member State rather than in their home country. S.I. 203 of 2014 provides the legal basis for the Health Service Executive to operate the EU Directive on Patients' Rights in Cross Border Healthcare in Ireland, including the reimbursement of the cost of treatment.. Under the provisions of the S.I. the HSE is charged with determining the cost of providing such healthcare in the State for the purposes of deciding on the correct reimbursement rate.
Under the Directive, insured patients are entitled to have costs of cross-border healthcare service reimbursed if the healthcare service in question is among the benefits to which they are entitled in their Member State of affiliation. The HSE is pro-active in advising potential users of the Scheme that reimbursement will be at the cost of the treatment availed of abroad or the cost of providing the healthcare in Ireland whichever is the lesser. The patient is notified of this by the HSE in numerous ways: via the HSE website or in response to phone queries; on the Pro-forma invoice to be used for cases where an overnight in-patient stay is not required; and the letters issued in response to prior authorisation applications for cases involving an overnight in-patient stay will advise the actual amount to be reimbursed, based on the treatment code/s provided by the treating/referring consultant in the application form. The HSE also advises where a patient is in any doubt as to the need to seek prior authorization before availing of a consultation or treatment abroad to contact the National Contact Point. The NCP is able at that stage to advise patients of the indicative reimbursement rate that will apply to the assessment/treatment being accessed.
As some of the issues raised, namely the rates set for, and the issue of a ready reckoner for, out patient diagnostic procedures are come and the numbers who have received treatment, are under the remit of the HSE, I have asked the HSE to examine these matters and to reply to the Deputy as soon as possible.