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Thursday, 23 Nov 2017

Written Answers Nos. 124 - 141

Family Reunification Policy

Ceisteanna (124)

Thomas P. Broughan

Ceist:

124. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on the parameters of the family reunification humanitarian programme; if Syrians living here for a number of years will be eligible to apply for family reunification under this programme; his plans to broaden the definition of family member as per the International Protection (Family Reunification) (Amendment) Bill 2017 recently passed by Seanad Éireann; and if he will make a statement on the matter. [49744/17]

Amharc ar fhreagra

Freagraí scríofa

On 14 November 2017, I announced my intention to establish a Family Reunification Humanitarian Admission Programme (FRHAP) in support of refugees and their families, as part of the Government's commitments under the Irish Refugee Protection Programme.

The FRHAP will address the issue of family reunification for some immediate family members coming from established conflict zones that are outside the scope of the International Protection Act 2015. The 2015 Act provides for the family reunification of immediate family members (spouse, civil partner and minor children) in line with the permission operated by other EU Member States under the EU Family Reunification Directive, in which Ireland does not participate.

This humanitarian admission programme will operate under my discretionary powers and is expected to provide for the reunification of more than 500 vulnerable family members in the next two years.

To allow the maximum number of families to benefit from the scheme, sponsors will be asked to prioritise a small number of family members for admission. Priority may be given to sponsors who can meet the accommodation requirements of eligible family members, having regard to the housing situation.

Further operational details on the FRHAP will be announced in the coming weeks following discussions with UNHCR.

The Government does not intend to amend the family reunification provisions under the International Protection Act 2015, which were approved by the Dáil and Seanad. The Seanad Private Members Bill referred to by the Deputy passed Committee Stage in the Seanad on 8 November 2017. The Government does not support the Bill, which would have significant and unquantifiable impacts on the provision of housing, healthcare, education, welfare payments and other State supports. The Bill has not considered the financial impacts of its proposal; therefore, the Government must decline a money message for the Bill. One of the objectives of this new FRHAP programme is that it addresses many of the motivating concerns of the Senators who proposed the Bill.

Property Registration Authority Administration

Ceisteanna (125)

Sean Fleming

Ceist:

125. Deputy Sean Fleming asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 36 of 30 March 2017 and 83 of 22 February 2017, the backlog of land registry applications or transactions on hand with the Property Registration Authority, specifically relating to section 49 applications; the progress to date in training for staff of the PRA since the replies were given; the status of the proposed guides and videos for solicitors to improve the quality of applications lodged; the extent to which the delays continue to be monitored and supervised by the board of the authority; his views on the continuing delays in land registry applications and transactions; his further plans to deal more expeditiously with the backlog, particularly of section 49 applications, which is a cause of concern for many professionals in this area; and if he will make a statement on the matter. [49747/17]

Amharc ar fhreagra

Freagraí scríofa

Further to Parliamentary Questions Nos. 36 of 30 March 2017 and 83 of 22 February 2017, I am advised by that the Property Registration Authority (PRA), which manages the Land Registry and Registry of Deeds, that some 200,000 Land Registry transactions will be completed in 2017, which is approximately 5% more than were completed in 2016.

At the end of October, there were 103,391 cases on hand in the PRA.  Of these, 2,296 are Section 49 cases, to which the Deputy specifically referred.  This represents about 2% of the total cases on hand in the PRA.  Of these Section 49 cases, 544 are awaiting attention.

Section 49 cases are based on adverse possession and are often legally complex as there are no deeds or documents of title to prove ownership. They generally require various queries to be raised by the PRA in order to prove the facts of possession as claimed on affidavit. Once a case has been fully established, notice must be served on all interested parties and appropriate time allowed for objections. As a result, there can routinely be ongoing and detailed correspondence between the PRA and other parties, which can run for some time.  The PRA must be fully satisfied that a case is fully grounded, the nature of the title proved and that all interested parties' concerns have been fully considered before registering a State guaranteed title which has been based solely on adverse possession.  While every effort may be taken to speed up the process, such applications, by necessity and legislation, may take a long time to process.

All other applications submitted that are fully in order for registration and that do not result in the raising of queries are dealt with in a very timely and efficient manner.  In 2017 to date, in excess of 62% of cases in order for registration which do not require a change to the map or examination of title are completed within ten days or less, while more than 70% of such cases are dealt with within 15 days or less.  Where a case is urgent and is brought to the attention of the PRA it will, in accordance with its customer service policy, deal with the matter as a priority.

The Deputy also refers to a number of initiatives previously outlined by the PRA which are aimed at reducing arrears.  The PRA has been enhancing its training and development programmes for managers and staff, and in particular for the large number of new staff in the organisation. This has included business process improvement training for staff in key areas, with a view to identifying and implementing more efficient processes.  The PRA has also now published a series of guides and videos for solicitors, again to help improve the quality of applications lodged and to assist in the reduction of cases being resubmitted, which add to the number of cases on hand. These went live on the PRA's website in August 2017. Advertising of the guides and videos was undertaken through the Law Society Gazette and the PRA’s website.  These measures are in addition to ongoing engagement with solicitors in various locations across the country, with a view to improving applications as well as improving internal PRA processes.

I would agree with the Deputy that unwarranted delays in the process of applications for the registration of property must be addressed and initiatives in this regard are being monitored by the Board of the Authority.  I am advised that the measures outlined above will increase efficiency and, in tandem with further development of ICT systems, will increase the case processing capacity and capability of the PRA in the coming years.

Garda Resources

Ceisteanna (126)

Thomas P. Broughan

Ceist:

126. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the estimated cost of doubling the number of dogs available in the Garda dog unit; the estimated cost of doubling the number of horses available in the Garda mounted unit; the estimated cost of constructing ten new stables at Garda headquarters for use by the mounted unit; and if he will make a statement on the matter. [49749/17]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that the provision and allocation of resources for An Garda Síochána is a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter. 

I have, however, asked the Garda Commissioner for the specific information requested and when it is to hand I will inform the Deputy accordingly.

The deferred reply under Standing Order 42A was forwarded to the Deputy.

Deportation Orders

Ceisteanna (127)

Bernard Durkan

Ceist:

127. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the basis for the conclusion that it would be conducive to the common good to issue a deportation order in the case of a person (details supplied); and if he will make a statement on the matter. [49768/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that notifications have issued to the persons concerned pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended).

All representations received, 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 all other applicable legislation, 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.

Immigration Status

Ceisteanna (128)

Bernard Durkan

Ceist:

128. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in the case of a person (details supplied); if the matter will be clarified and resolved without delay; and if he will make a statement on the matter. [49769/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned had their permission to remain in the State renewed for a further period to 05 July 2018 at their Local District Headquarters.

Responsibility for the registration process, and confiscated passport of the person concerned, is a matter which must ultimately be resolved between the person concerned and his local Immigration Registration Office. Neither I, as Minister, nor the relevant personnel in the Irish Naturalisation and Immigration Service (INIS) who act on my behalf, have any statutory or administrative function in relation to this matter.

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.

Naturalisation Applications

Ceisteanna (129)

Bernard Durkan

Ceist:

129. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a new application for naturalisation will be considered in the case of a person (details supplied); and if he will make a statement on the matter. [49770/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a new application for a certificate of naturalisation was received from the person referred to by the Deputy on 13 November 2017. Processing of this application is ongoing, with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence, are satisfied. On completion of the necessary processing the application will be submitted to me for decision as expeditiously as possible.

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 (130)

Bernard Durkan

Ceist:

130. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the expected residency status and eligibility for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [49771/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has been granted leave to remain in the State for the period to 10 December 2017. 

The person concerned made an application for the renewal of their temporary permission to remain and this application is under consideration at present. Once a decision has been made on this application, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

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.

Family Reunification Applications

Ceisteanna (131)

Bernard Durkan

Ceist:

131. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the application for family reunification in the case of a person (details supplied); if the case will be revisited with a view to clarification; and if he will make a statement on the matter. [49773/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a valid Deportation Order made on 20 June 2002. The Deputy might wish to note that persons the subject of a Deportation Order are obliged to remove themselves from the State and to remain out of the State.

Representations were received from the person concerned, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended), requesting that the Deportation Order be revoked. Following the detailed consideration of the information submitted in support of the request, the Deportation Order was affirmed on 09 November 2017. If, as indicated, the person is outside the state, it would be very helpful if the corroborative evidence referred to could be supplied.

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 (132)

Bernard Durkan

Ceist:

132. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of a stamp 4 application in the case of a person (details supplied); and if he will make a statement on the matter. [49792/17]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that it has received a request for permission to remain in the State in respect of the person mentioned by the Deputy. This case is among a number of such cases which are currently being held by this Department pending the outcome of the appeal to the Supreme Court of the Court of Appeal judgment in Luximon v. Minister for Justice and Equality, which is due to be heard in the Supreme Court on 30 November 2017.

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.

Asylum Support Services

Ceisteanna (133)

Jan O'Sullivan

Ceist:

133. Deputy Jan O'Sullivan asked the Minister for Justice and Equality when he expects asylum seekers will be granted the right to work; his plans to have restrictions on those who would qualify for this right, including the length of time they would need to be in the system; and if he will make a statement on the matter. [49802/17]

Amharc ar fhreagra

Freagraí scríofa

The Supreme Court judgment in the case of N.V.H. v. The Minister for Justice and Equality found, on 30 May last, that in an international protection system with no temporal limits as to when the application process will be concluded, an absolute prohibition on the right to work for international protection applicants is contrary to the right to seek employment under the Constitution.  The Court recognised that this is a matter for the Executive and Legislature to consider and accordingly has adjourned consideration of the Order the Court should make for a period of six months.

Following the approval of Government, I established an Inter-Departmental Taskforce in July to examine the wide-ranging implications of the judgment, and to consider appropriate solutions. The Taskforce was comprised of representatives from nine Government Departments, along with the Office of the Attorney General. 

On 21 November 2017, the Government approved the recommendations of the Taskforce, including the key recommendation that the State should respond to the judgment by opting in to the EU (Recast) Reception Conditions Directive (2013/33/EU). 

I will move the required Motions to seek approval in the Houses of the Oireachtas for our participation in the Directive at the earliest opportunity. Following the approval of both Houses, the opt in procedure with the formal notifications to the European Council and the European Commission will commence. The European Commission then has four months from receipt of this letter to confirm our participation.  During these four months, the State will be required to demonstrate to the Commission how it is compliant with each Article in the Directive.

The EU Directive provides, inter-alia, that international protection applicants shall have access to the labour market no later than nine months from the date the application for international protection was lodged, if a first instance decision has not been taken and if the delay cannot be attributed to the applicant.

The Government has established an Implementation Group to oversee the opt-in procedure and the practical arrangements for facilitating access to the labour market for eligible applicants. The Group will be drawn from membership of the Taskforce, supplemented by the participation of relevant operational areas in my own Department and in other Departments as required.

Courts Service Data

Ceisteanna (134)

Michael McGrath

Ceist:

134. Deputy Michael McGrath asked the Minister for Justice and Equality the number of cases that have come before the courts against persons for providing false or misleading evidence as part of an insurance claim; the number of convictions for same; and if he will make a statement on the matter. [49816/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that statistics are not compiled in such a way as to provide the information requested by the Deputy.  I have requested the Courts Service to examine the requirements, including system development and resource issues, needed to enable the compiling of such statistics going forward.

I understand that the issue of fraud in the personal injuries litigation process is being examined by the Cost of Insurance Working Group and a relevant recommendation may feature in the forthcoming Report on Employer and Public Liability Insurance, which is due to be finalised by the end of this year.

Waterways Ireland Remit

Ceisteanna (135)

Clare Daly

Ceist:

135. Deputy Clare Daly asked the Minister for Culture, Heritage and the Gaeltacht if her attention has been drawn to the flooding of Binns Bridge by Waterways Ireland in order to prevent homeless persons from taking shelter under same; if she is satisfied that this is a humane and appropriate action by Waterways Ireland in view of the homelessness crisis; and if she will make a statement on the matter. [49674/17]

Amharc ar fhreagra

Freagraí scríofa

Binns Bridge, on the N1 in Drumcondra, is a unique structure where the bridge covers a very deep lock chamber at Lock 2 on the Royal Canal.

The area underneath the bridge has to be retained as accessible for canal boat owners and Waterways Ireland staff in order to manage water levels, operate the lock and navigate along the Royal Canal.

The area is fenced off and locked to prohibit access to the public, as there are two significant ongoing public safety issues at this location.

First, there is a considerable fall and drowning hazard in the deep lock chamber under the bridge particularly after hours of darkness.  Second, over recent years significant anti-social issues have arisen at Binns Bridge. These include drug taking, related criminality and subsequent littering of drug related residue as well as public defecation.

I understand that Waterways Ireland staff and boating members of the public have to operate the lock and Waterways Ireland has a duty of care to provide a safe environment for its staff.  The actions taken by Waterways Ireland were entirely in the interests of public safety and the safety of its staff.

Water levels were raised in July 2017 to fill the area under the bridge when all other measures failed to secure the area to prevent public access for people's own safety. I am advised that Waterways Ireland have met with Garda representatives about the matter and the Gardaí have since advised Waterways Ireland that an appropriate Policing Plan is currently being put in place in respect of the issue.

Ulster Canal Restoration Project

Ceisteanna (136, 137)

Brendan Smith

Ceist:

136. Deputy Brendan Smith asked the Minister for Culture, Heritage and the Gaeltacht the funding allocated in her Department's Estimates for 2017 for the restoration of the Ulster Canal; the expenditure to date in 2017; the estimated expenditure by the end of 2017; and if she will make a statement on the matter. [49800/17]

Amharc ar fhreagra

Brendan Smith

Ceist:

137. Deputy Brendan Smith asked the Minister for Culture, Heritage and the Gaeltacht the funding provision in her Department's Estimates for 2018 for the restoration of the Ulster Canal; the work to be undertaken in 2018; and if she will make a statement on the matter. [49801/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 136 and 137 together.

One of my priorities since taking Ministerial office has been the restoration of the Ulster Canal.  I secured Government approval to restore a 2.5 km stretch of the Ulster Canal from the Shannon-Erne Waterway to the International Scout Centre at Castle Saunderson, Co Cavan on 24th February 2015.  

The project, which comprises three work phases, is being undertaken by Waterways Ireland.

The contractor is progressing with works on site for the 3rd and final phase of delivery, the creation of a new 250m section of canal and the construction of a new road bridge north of the existing Derrykerrib Bridge.  Works are on target with completion anticipated at end of May 2018 subject to weather conditions and water levels over the 2017 /2018 winter.  All dredging works are now complete.  Approximately 60% of the upstream canal walls are in place and the cofferdam for the bridge is under construction.

In 2017 to date almost €2.6m has been spent on the entire Ulster Canal project.  Further expenditure of over €270k is forecast to the end of 2017.  Expenditure of €920k is forecast to complete navigation to Castlesaunderson in 2018.

Waterways Ireland has been allocated €24m from my Department's Vote for investment in the management, maintenance and development of the inland waterways under its control.

I am working tirelessly to progress the next phases of the Ulster Canal.

Hospital Waiting Lists

Ceisteanna (138)

Robert Troy

Ceist:

138. Deputy Robert Troy asked the Minister for Health if an appointment for hip surgery for a person (details supplied) will be expedited; and if he will make a statement on the matter. [49654/17]

Amharc ar fhreagra

Freagraí 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.

Medicinal Products Availability

Ceisteanna (139)

John Brassil

Ceist:

139. Deputy John Brassil asked the Minister for Health his plans to intervene to resolve the ongoing stand-off between the HSE and a company (details supplied) in which 21 persons have the drug Respreeza available to them but no agreement on the way in which it will be distributed or administered in view of the inconclusive meeting on 16 November 2017; and if he will make a statement on the matter. [49656/17]

Amharc ar fhreagra

Freagraí scríofa

The HSE has statutory responsibility for decisions on pricing and reimbursement of medicines under the community drugs schemes, in accordance with the Health (Pricing and Supply of Medical Goods) Act 2013. The Act does not give the Minister for Health any powers in this regard.

I am aware that a number of patients were on an access scheme operated by the manufacturer of this drug and that the company had stated that the scheme would end on 30 September 2017.

I therefore sought assurances from the HSE that appropriate care arrangements would be put in place for patients and that appropriate ethical guidelines have been and will continue to be followed for all aspects of the programme.

Subsequent to this, the company let patients know that it would continue supply of the drug for six months but since then an issue has arisen with regard to its administration. This represents a departure from arrangements, which the company had operated for a considerable period of time, in respect of a scheme that was run independently and without reference to the HSE.

I am aware that the HSE met the company last week to discuss the continued operation of access arrangements for the group of patients concerned and I have asked the HSE to keep me informed of developments.

Hospital Appointments Delays

Ceisteanna (140)

Robert Troy

Ceist:

140. Deputy Robert Troy asked the Minister for Health if he will expedite an appointment for a person (details supplied); and if he will make a statement on the matter. [49657/17]

Amharc ar fhreagra

Freagraí 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 Services

Ceisteanna (141)

Eamon Scanlon

Ceist:

141. Deputy Eamon Scanlon asked the Minister for Health the status of dermatology services in Sligo University Hospital; if the service is still in operation; if not, the alternative arrangements that have been put in place for patients; his plans to rectify this in order that appointments can be made; and if he will make a statement on the matter. [49658/17]

Amharc ar fhreagra

Freagraí scríofa

In response to the particular query raised, as this is a service matter, I have asked the HSE to respond to you directly.

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