Written Answers Nos. 91-115
91. Deputy Sean Fleming asked the Minister for Justice and Equality the number of cases with the Criminal Injuries Compensation Tribunal that have not been completed; if he will provide an age analysis of the number of these cases on a year by year basis; and if he will make a statement on the matter. [52636/18]
Amharc ar fhreagraBecause of the manner in which cases are recorded by the Criminal Injuries Compensation Tribunal, in particular cases which are open but not actively pursued by the applicant, it is not possible at this time to provide the Deputy with the number of cases awaiting decision and those which are deemed to be open. I have, however, requested an assessment of the caseload of the Tribunal and have asked my officials to examine this assessment and seek the views of the Criminal Injuries Tribunal in this regard. I can update the Deputy further when this exercise has been completed.
I can also advise the Deputy that, in view of the length of time since the Scheme was last revised, my Department has submitted a request for a review of the Scheme to the Law Reform Commission (LRC) for consideration in the context of its Programme of Law Reform.
Furthermore, in view of a number of large awards from the General Scheme in the current year, I can inform the Deputy that I have obtained approval for an increased allocation of €2.4m for 2018, as part of a Supplementary Estimate for the Vote which will bring the total compensation allocation to €6.416m.
For the Deputy's information, the number of applications received and the amount of compensation paid under both schemes operated by the Criminal Injuries Compensation Tribunal is provided in tabular form below, though I should state that the amount paid out in any given year is not reflective of the applications received in that year, for various reasons, including that compensation payments may relate to applications made in prior years.
|
Year |
Number of Applications Received (General Scheme) |
Compensation Paid (€) |
|
2014 |
257 |
3.955m |
|
2015 |
217 |
4.016m |
|
2016 |
210 |
3.765m |
|
2017 |
181 |
3.978m |
|
Year |
Number of Applications Received (Prison Officers) |
Compensation Paid(€) |
|
2014 |
76 |
0.977m |
|
2015 |
75 |
0.575m |
|
2016 |
89 |
0.750m |
|
2017 |
107 |
0.741m |
92. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when stamp 4 will issue to meet employment requirements in the case of a person (details supplied); and if he will make a statement on the matter. [52655/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted temporary permission to remain until 26 August 2018. I am further advised that INIS are awaiting a report from the Garda National Immigration Bureau (GNIB) in relation to the outcome of a technical examination of the person's passport. The matter will be considered further by INIS on receipt of a GNIB report.
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.
93. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when travel documents or stamp 4 are likely to issue in the case of persons (details supplied); and if he will make a statement on the matter. [52656/18]
Amharc ar fhreagraI 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), written representations have been submitted on behalf of the persons concerned.
In terms of the question regarding a Temporary Travel Document, the applicant was issued a Temporary Travel Document on 13 December 2017 for a period of one year on a discretionary basis to facilitate travel outside the State. The applicant has a current application for renewal of their permission to remain in the State. The person concerned should await the outcome of their application for renewal of their permission to remain before any other steps would be taken. I am advised that a decision on that application will be made in the coming weeks.
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.
94. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application for naturalisation in the case of a person (details supplied); if all documentation required has been submitted; and if he will make a statement on the matter. [52658/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing. On completion of the necessary processing the application will be submitted to me for decision as expeditiously as possible. If further documentation is required it will be requested from the applicant in due course.
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. 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.
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.
95. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if all required documentation has been submitted in the case of a person (details supplied); and if he will make a statement on the matter. [52659/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy was invited to attend a citizenship ceremony which took place on 21 May 2018 in The Killarney Convention Centre, Gleneagle Hotel, Killarney, Co. Kerry but failed to attend.
The records indicate that the current permission to reside in the State granted to the person concerned expired on 22 May 2018. It is up to the person concerned to seek permission to remain beyond the expiry of his current permission. All non-EEA nationals are required to keep their permission to remain in the State up to date at all times, and to have such permission registered. Failure to do so may adversely affect an application for a certificate of naturalisation
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.
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.
96. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status and eligibility for naturalisation and consequently an Irish passport in the case of persons (details supplied) in view of the fact that one of their children’s passports was withdrawn and that matters have not progressed since; if the matter will be examined with a view to clearing up confusion arising from failure to qualify under a case; if the deportation order in question will be set aside to facilitate a full evaluation of the case; and if he will make a statement on the matter. [52661/18]
Amharc ar fhreagraI 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), written representations have been submitted on behalf of the persons concerned.
The applicant was granted permission to remain in the State based on the parentage of an Irish citizen child. This permission was valid until 06 February 2018. By letter dated 10 January 2018, the applicant was informed that this permission was revoked as it came to the attention of the Department that the child from which the permission was derived was not entitled to an Irish passport.
The applicant has been issued with a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended). Written representations have been submitted on behalf of the persons concerned.
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 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.
97. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency and or naturalisation status in the case of a person (details supplied); if all documentation required has been submitted by them in respect of their case; and if he will make a statement on the matter. [52665/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing. On completion of the necessary processing the application will be submitted to me for decision as expeditiously as possible. Should further documentation be required it will be requested from the applicant in due course.
The records indicate that the current permission to reside in the State granted to the person concerned expired on 11 December 2018. It is up to the person concerned to seek permission to remain beyond the expiry of his current permission. All non-EEA nationals are required to keep their permission to remain in the State up to date at all times, and to have such permission registered. Failure to do so may adversely affect an application for a certificate of naturalisation
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. 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.
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.
98. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if legislative changes are proposed in respect of inheritance legislation with particular reference to minimising the opportunities for misrepresentation to the detriment of family members; and if he will make a statement on the matter. [52668/18]
Amharc ar fhreagra99. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if, in the case of inheritance, adequate provision is made to safeguard the interests of all parties with particular reference to ensuring the minimisation of duress and undue influence on the testator, testatrix or disponer when composing their last will and testament; and if he will make a statement on the matter. [52669/18]
Amharc ar fhreagraI propose to take Questions Nos. 98 and 99 together.
The position is that Part VII of the Succession Act 1965, sets out the legal requirements for the making of a valid will. These are as follows:
- it must be in writing;
- the testator must be over 18 years of age (the testator may be under 18 if he or she is or has been married);
- the testator must be of sound mind;
- the testator must sign or mark the will in the presence of two witnesses;
- the two witnesses must sign the will in the testator's presence;
- the witnesses cannot be beneficiaries of the will;
- the witnesses must see the testator sign the will;
- the signature of the testator must be at the end of the will.
It is possible for a person to challenge a will on the grounds of the diminished capacity of a testator to make a valid will, or their ability freely to make decisions in disposing of their property by will.
Under current law, the following criteria are to be taken into account in determining whether or not a testator had the capacity to make a will:
(a) whether the deceased understood the nature of the act of making a will and its effect;
(b) whether the deceased understood the extent of the property of which he or she was disposing; and
(c) whether the deceased understood and appreciated the claims to which he or she ought to give effect.
Where undue influence is alleged, the law places the onus of proving undue influence on the person alleging it. In order to succeed it must be proven:
(a) that the person alleged to exert the influence had the power or opportunity to do so;
(b) that undue influence was in fact exerted; and
(c) that the will was the product of influence.
In my view, the statutory provisions referred to above and relevant case law provide adequate safeguards for the making of valid wills. While I have no current plans to amend legislation in this area, the operation of the law in this area is kept under review in my Department.
101. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when stamp 3 will upgrade to stamp 4 in the case of a person (details supplied); and if he will make a statement on the matter. [52671/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of a request from the person concerned for a change in their immigration status to Stamp 4 conditions.
I am further advised that INIS granted the person concerned a further year extension of their permission to reside in this State on Stamp 3 conditions on 24 October 2018 as the spouse of a Minister of Religion. The person may wish to note that, in line with current immigration policy, the person concerned may not apply for a change to their immigration status in the State on the basis of their current permission as the family member of a Minister of Religion.
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.
102. Deputy Bernard J. Durkan asked the Minister for Health the extent to which the most common causes of stress among young persons continues to be identified and provisions made to accommodate needs arising; and if he will make a statement on the matter. [52682/18]
Amharc ar fhreagraAs this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
103. Deputy John Brassil asked the Minister for Health his plans to reconsider the school leavers process with special attention to the application process and allocation of funding for adult service placement (details supplied); if action will be taken to provide autism specific adult services which are in high demand but unavailable in County Kerry; the steps he will take to increase full-time adult day services for students transitioning from second level to adult day services in County Kerry in view of the shortfall in service provision; and if he will make a statement on the matter. [52498/18]
Amharc ar fhreagraThe Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.
As the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.
104. Deputy Alan Kelly asked the Minister for Health when a specialist Parkinson's disease nurse will be appointed for south County Tipperary (details supplied). [52499/18]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to you directly as soon as possible.
105. Deputy Lisa Chambers asked the Minister for Health the number of persons on a waiting list for Mayo University Hospital; the number of persons on a waiting list for the same period in 2017; and if he will make a statement on the matter. [52501/18]
Amharc ar fhreagraImproving access to hospital treatment is a key priority for Government.
This year has seen ongoing improvements with the number of patients waiting for inpatient and daycase procedures (IPDC), now at 72,001 from the peak of 86,100 in July 2017. This represents a 16% reduction in the overall number of patients waiting for an inpatient or day case procedure. The number of patients waiting over 9 months has reduced from over 28,100 to just over 17,500 in the same period equating to a 37% reduction.
The ongoing collaboration between the HSE and NTPF to maximise the number of patients treated in both a public and private capacity has resulted in over 21,200 patients accepting offers of treatment for a hospital procedure to the end of October this year.
Budget 2019 announced that the Government had further increased investment in tackling waiting lists, with funding to the National Treatment Purchase fund (NTPF) increasing from €55 million in 2018 to €75 million in 2019.
In 2019, the NTPF plans to deliver 25,000 Inpatient Day Case treatments. In addition, 5,000 Gastro Intestinal Scopes will be carried out, bringing to 9,000 the additional scope activity provided by the NTPF since the start of 2018. Furthermore, 40,000 Outpatient appointments will be arranged as part of 2019 activity. It is expected that a further 34,000 patients who no longer need treatment will be removed from the waiting lists by the NTPF Central Validation Unit.
As a result, the number of patients waiting for a hospital procedure is projected to fall to below 59,000 by the end of 2019.
My Department is working closely with the NTPF and the HSE to finalise a Scheduled Care Access Plan for inpatient/daycase and outpatients for 2019.
In 2019, the NTPF and HSE will continue to work closely with Hospital Groups, inviting proposals to improve access for patients waiting for either inpatient/daycase or outpatient procedures.
The information requested by the Deputy is set out in the attached tables.
IPDC Mayo University Hospital
|
0-3 mths |
3-6 mths |
6-9 mths |
9-12 mths |
12-15 mths |
15-18 mths |
18-24 mths |
24-36 mths |
36-48 mths |
Total |
|
|
Latest |
885 |
519 |
340 |
189 |
95 |
50 |
24 |
16 |
4 |
2122 |
|
2017 |
900 |
478 |
250 |
98 |
68 |
37 |
23 |
12 |
0 |
1866 |
Outpatient Mayo University Hospital
|
0-3 mths |
3-6 mths |
6-9 mths |
9-12 mths |
12-15 mths |
15-18 mths |
18-21 mths |
21-24 mths |
24-36 mths |
36-48 mths |
48 + |
Total |
|
|
Latest |
2755 |
1224 |
946 |
501 |
485 |
393 |
397 |
353 |
1037 |
522 |
109 |
8722 |
|
2017 |
2875 |
1000 |
702 |
606 |
635 |
526 |
477 |
306 |
918 |
200 |
3 |
8248 |
106. Deputy Jackie Cahill asked the Minister for Health if the case of a person (details supplied) will be investigated; and if he will make a statement on the matter. [52503/18]
Amharc ar fhreagraAs this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
107. Deputy Catherine Murphy asked the Minister for Health the way in which hospitals within the HSE are operating the unpaid parental leave scheme; if his attention has been drawn to the fact that nursing staff fall outside its remit; the number of applicants for the scheme in 2017, to date in 2018 and 2019 by job role (details supplied); and if he will make a statement on the matter. [52504/18]
Amharc ar fhreagraI have asked the HSE to respond to you directly on this matter.
108. Deputy Jackie Cahill asked the Minister for Health if the case of a person (details supplied) will be investigated; and if he will make a statement on the matter. [52507/18]
Amharc ar fhreagraAs this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
109. Deputy Michael Harty asked the Minister for Health when the independent review group formed in July 2017 and chaired by a person (details supplied) will publish its findings. [52509/18]
Amharc ar fhreagraThe Independent Review Group established to examine the role of voluntary organisations in health and personal social services began its deliberations in September 2017.
The Group’s terms of reference provided for:
An examination of current arrangements across the health and social care sector;
Consideration of issues currently arising, and those likely to arise in the future; and
Recommendations on how the relationship between the State and voluntary organisations should evolve in the future.
The Group was composed of Dr Catherine Day (Chair), Professor Jane Grimson and Professor Deirdre Madden.
The Independent Review Group has now submitted its final report. The report is currently under consideration in my Department, and I hope to bring it to Government soon. The intention is to publish it shortly thereafter. This will most likely be in the New Year.
110. Deputy Michael Healy-Rae asked the Minister for Health the status of a hospital appointment for a person (details supplied); and if he will make a statement on the matter. [52513/18]
Amharc ar fhreagraUnder 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, since 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 the Deputy directly.
111. Deputy Michael Healy-Rae asked the Minister for Health the number of children with scoliosis by age and length of time waiting to be seen at Our Lady's Children's Hospital, Crumlin; and if he will make a statement on the matter. [52516/18]
Amharc ar fhreagraIn relation to the data requested, I have asked the HSE to respond to the Deputy directly.
112. Deputy James Browne asked the Minister for Health the reports and or data citing evidence of a worldwide shortage of psychiatrists; the steps such reports recommend to tackle the shortage; and if he will make a statement on the matter. [52517/18]
Amharc ar fhreagraAs this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
113. Deputy James Browne asked the Minister for Health when the HSE service plan will be introduced; the reason for its delay; if it will include initiatives to improve recruitment and retention of mental health staff; if the service plan will plan outcomes for mental health services in view of the fact that there is no clear HSE mental health division; and if he will make a statement on the matter. [52518/18]
Amharc ar fhreagraThe Health Act 2004 (as amended), allows me to extend the period provided to the HSE to prepare, adopt and submit its Service Plan, if required and the HSE were most recently provided with an extension until 12th December.
Following the submission of the National Service Plan, the legislation provides 21 days for me to examine the proposed plan and where necessary to seek amendment to, or approve, the plan. The National Service Plan must be laid before the Houses of the Oireachtas within 21 days of its approval. Once the Service Plan is laid before the Houses of the Oireachtas the HSE will ensure it is published at the earliest possible time.
As the Service Plan for 2019 has not yet been approved, it would not be appropriate to comment on what may appear in the final content of the plan.
However, it would be expected that the Service plan would outline detail on the health service workforce, including the recruitment and retention of mental health service staff and priorities and actions for mental health services in 2019.
114. Deputy James Browne asked the Minister for Health if the HSE service plan will be compatible with recommendations contained in the Sláintecare report for mental health services; and if he will make a statement on the matter. [52519/18]
Amharc ar fhreagraAs this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
115. Deputy Michael Healy-Rae asked the Minister for Health the number of persons waiting for braces by age and the length of time they have been waiting in County Kerry; and if he will make a statement on the matter. [52520/18]
Amharc ar fhreagraAs this is a service matter it has been referred to the HSE for direct reply to the Deputy.
