Written Answers Nos. 251-270
251. Deputy Éamon Ó Cuív asked the Minister for Justice if she has expressed concern to the Irish Prison Service about conditions in the Dóchas Centre for female prisoners in Dublin as outlined in a report to the prison authorities by one of the prison chaplains; and if she will make a statement on the matter. [27996/20]
Amharc ar fhreagraI have asked the Irish Prison Service for an update on the issues raised in the Chaplain's report and will revert to the Deputy when this is to hand.
252. Deputy Aengus Ó Snodaigh asked the Minister for Justice when the Judicial Council Act 2019 will be fully commenced; and the reason for the delay in implementing its provisions. [27998/20]
Amharc ar fhreagraFollowing enactment of the Judicial Council Act 2019, the Judicial Council was established in December 2019. The Act provides for the establishment of several committees of the Council, all of which have been established.
The Act sets out various timeframes for the production of relevant guidelines by the committees. The timescales set out in the Act have regard to the significant amount of work involved in the production of the guidelines concerned.
The Judicial Council Act 2019 also provides that the Council is independent in the performance of its functions. I do not have a role in its operation or that of its Committees.
Once the guidelines have been adopted by the Judicial Council, I will make orders bringing into operation those relevant provisions of the Act which have not yet been commenced.
253. Deputy Jackie Cahill asked the Minister for Justice her plans to introduce legislation to allow An Garda Síochána and county councils to become joint data controllers of CCTV schemes; the status of the CCTV scheme in Littleton, County Tipperary, which was allocated funds in February 2016; and if she will make a statement on the matter. [28001/20]
Amharc ar fhreagraAs the Deputy will be aware, Community-based CCTV is governed by section 38(3)(c) of Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006. This legal framework requires that any proposed community CCTV scheme must:
- be approved by the local Joint Policing Committee,
- have the prior support of the relevant local authority, which must also act as data controller, and
- have the authorisation of the Garda Commissioner.
This is the legal basis for all community CCTV schemes, regardless of how they are funded and these key legal requirements have not changed since 2006. The option to establish a Community CCTV scheme is available to groups that meet these legal requirements, anywhere in the country.
I can inform the Deputy that I am progressing a range of new Bills relating to Garda governance and policing powers. It is my intention to repeal the provisions currently contained in Section 38 of the 2005 Act, and to replace them with provisions in the Garda Síochána (Digital Recording) Bill. I hope to bring the general scheme of that Bill to Government for approval very soon.
In relation to the applications from Littleton the Deputy has referred to, I am informed that the application for a Community Based Scheme under Section 38(3)(c) of the Garda Síochána Act, 2005, has not met the standard to be heard at the CCTV Advisory Committee (which makes recommendations to the Garda Commissioner) due to issues in respect of the location of the server. It had been proposed that the server would be based in the local Garda Station and that the local Superintendent would act as Data Controller. This is at variance with S.I. 289/06 which stipulates that the Local Authority will act as Data Controller. This has been communicated back to the applicant groups and I understand that a reply is awaited on any alternative proposal for siting of the server.
254. Deputy Carol Nolan asked the Minister for Justice the status of the measures taken by An Garda Síochána to upgrade the PULSE system to capture hate-related motivations for all incidents of crime and non-crime; and if she will make a statement on the matter. [28002/20]
Amharc ar fhreagraThe Deputy will be aware that in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and control of An Garda Síochána and the efficient and effective use of resources. This includes responsibility for Garda ICT platforms. As Minister, I have no responsibility for these matters.
An Garda Síochána is strongly committed to engaging proactively and respectfully with all members of society, and, in particular, persons from minority groups and diverse backgrounds. An Garda Síochána takes hate crime seriously and each and every hate crime reported to An Garda Síochána is professionally investigated and victims supported during the criminal justice process.
An Garda Síochána has in recent months adopted a Diversity and Integration Strategy. The Strategy includes a working definition of hate crime to assist Gardaí in delivering a victim-centred service and to assist them in responding consistently and robustly to reports of hate crime.
The Garda Diversity and Integration Strategy has a significant focus on enhancing the identification, reporting, investigation and prosecution of hate crimes. Key outcomes of the Garda Diversity and Integration Strategy include an increase in the reporting of hate crime, and to provide accurate and reliable data to inform intelligence-led policing to prevent and detect this crime.
As part of the Diversity and Integration Strategy, An Garda Síochána is upgrading PULSE to capture hate related motivations for all incidents (both crime and non-crime). This will enable the reporting of hate related incidents and more accurate collation of data in relation to these crimes and incidents. I am advised by the Garda authorities that the updated version of PULSE (R7.6) has commenced its final stage of User Acceptance and it is expected that it will be deployed by the end of October 2020.
The Deputy may also wish to be aware that my Department is working to update Ireland’s criminal law on both hate speech and hate crime as a priority.
255. Deputy Bernard J. Durkan asked the Minister for Justice if the humanitarian grounds already listed in the case of a person (details supplied) can be used as a sufficient case for the deportation order to be reconsidered; and if she will make a statement on the matter. [28059/20]
Amharc ar fhreagraThe person referred to is the subject of a Deportation Order made on 20 June 2002 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. Following the consideration of those representations, a decision was taken that the Deportation Order should be affirmed and this decision was communicated to the person concerned by registered post dated 9 November 2017.
It is open to the person concerned to submit further representations requesting that the Deportation Order be revoked, pursuant to Section 3(11) of the Immigration Act 1999 (as amended). However, such an application would require substantial grounds to be successful. To date, no such further representations have been received in this case. The Deportation Order remains valid and in place and the enforcement of the Order is a matter for the Garda National Immigration Bureau.
Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy's view, inadequate or too long awaited.
256. Deputy Carol Nolan asked the Minister for Justice the number of minors who have sought asylum after they arrived unannounced at ports or airports from 2011 to date; the ages of the applicants; the outcomes of such applications for asylum; and if she will make a statement on the matter. [28072/20]
Amharc ar fhreagraTUSLA, the Child and Family Agency has statutory responsibility for the care of any unaccompanied minors in the State. If an unaccompanied minor indicates that they wish to apply for international protection, they are referred to TUSLA, either by the Garda National Immigration Bureau (GNIB) at the airport/port of entry, or by staff at the International Protection Office (IPO) of my Department.
TUSLA will then conduct a Best Interest of the Child assessment. Only after that assessment has been completed and it is decided that it is in the best interest of the child, will they bring the unaccompanied minor to the IPO to make an application on their behalf. Specific arrangements will be made by the IPO in conjunction with TUSLA for the processing of the application. TUSLA will support the minor throughout the process, including attending at their interview.
All applications for international protection made on behalf of unaccompanied minors are prioritised by the IPO for processing, and the IPO has specially trained caseworkers to process these applications.
The table below sets out the number of applications for asylum (2011 – 2016 inclusive) and for international protection (2017 – end August 2020) made by TUSLA - Child and Family Agency on behalf of unaccompanied minors.
|
Year |
Age Group 0 -13 |
Age Group 14 - 17 |
Total |
|
2011 |
2 |
24 |
26 |
|
2012 |
1 |
22 |
23 |
|
2013 |
2 |
18 |
20 |
|
2014 |
2 |
28 |
30 |
|
2015 |
1 |
32 |
33 |
|
2016 |
0 |
34 |
34 |
|
2017 |
3 |
28 |
31 |
|
2018 |
0 |
17 |
17 |
|
2019 |
2 |
47 |
49 |
|
2020 to end August |
0 |
18 |
18 |
|
Total |
13 |
268 |
281 |
The figures above may be subject to data cleansing.
Final decisions in respect of unaccompanied minors for a protection status for the years 2011 - 2020 (end August) are set out in the table below.
|
Year |
No. of Decisions * |
|
2011 |
10 |
|
2012 |
11 |
|
2013 |
27 |
|
2014 |
20 |
|
2015 |
24 |
|
2016 |
36 |
|
2017 |
16 |
|
2018 |
18 |
|
2019 |
50 |
|
2020 |
21 |
|
Total |
233 |
* These figures relate to the year in which the decision was made and not to the year in which the application was made.
257. Deputy Michael Collins asked the Minister for Health if he will address a matter (details supplied) regarding the reduction in prescription charges in budget 2020; and if he will make a statement on the matter. [27958/20]
Amharc ar fhreagraAs part of Budget 2020, the previous Government announced two measures intended to reduce the cost of medicines:
- GMS prescription charges would be reduced by €0.50c for all medical card holders. The charge would be reduced by €0.50c to €1 per item for the over 70s and by €0.50c to €1.50 for persons under 70. The maximum monthly charge would also be reduced to €10 and €15 respectively.
- The monthly threshold of €124 for the Drug Payment Scheme (DPS) would be reduced by €10 to €114 per household.
Although it was intended that these measures would be implemented, funding of this Budget 2020 commitment was contingent on the achievement of certain savings within the health budget.
However, these savings have not been achieved as the Pandemic has placed a significant demand on public finances, a substantial proportion of which has been allocated to the health system. In that context, decisions on the associated funding and a potential implementation date are being actively considered.
258. Deputy Sorca Clarke asked the Minister for Health if he will provide details of the roadmap for returning staff redeployed to Covid-19 duties back to their previous positions; and if he will make a statement on the matter. [27709/20]
Amharc ar fhreagraAs this is a service related matter, I have asked the Health Service Executive to respond directly to the Deputy, as soon as possible.
259. Deputy Sorca Clarke asked the Minister for Health the timeline for recruiting persons to perform swabbing duties in testing centres. [27710/20]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
260. Deputy Sorca Clarke asked the Minister for Health the longest distance a person will be expected to travel to get a Covid-19 test. [27711/20]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
261. Deputy Sorca Clarke asked the Minister for Health if he plans to reopen the Covid-19 community assessment hubs; and if they will reopen in their previous locations. [27712/20]
Amharc ar fhreagra354. Deputy Alan Kelly asked the Minister for Health the status of all Covid-19 community assessment hubs as of 25 September 2020; the opening times and number that visited each in April, May, June, July and August 2020; and if he will make a statement on the matter. [27922/20]
Amharc ar fhreagraI propose to take Questions Nos. 261 and 354 together.
As this is a service matter, I have asked the Health Service Executive to respond to the Deputies directly, as soon as possible.
262. Deputy Sorca Clarke asked the Minister for Health the average duration spent on the waiting list in counties Longford and Westmeath from when a client or his or her representative or family submits an application for homecare support until the person is approved for homecare support [27713/20]
Amharc ar fhreagraAs this is an operational matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
263. Deputy Sorca Clarke asked the Minister for Health the average duration spent on the waiting list in counties Longford and Westmeath from when a client is approved for homecare support until he or she is provided with homecare support. [27714/20]
Amharc ar fhreagraAs this is an operational matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
264. Deputy Sorca Clarke asked the Minister for Health the average difference for clients in counties Longford and Westmeath between the number of hours of assessed need and the actual allocated hours of homecare support. [27715/20]
Amharc ar fhreagraAs this is an operational matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
265. Deputy Carol Nolan asked the Minister for Health if the three-day waiting period with respect to termination of pregnancy services remains in place; if there are no plans to amend or abolish same; and if he will make a statement on the matter. [27743/20]
Amharc ar fhreagraAs the Deputy will be aware, Section 12 of the Health (Regulation of Termination of Pregnancy) Act 2018 provides that a termination of pregnancy may be provided after a period of not less than three days has elapsed from the date on which a medical practitioner has certified that the pregnancy concerned has not exceeded 12 weeks of pregnancy.
No changes have been made to the legislation since it was signed into law by the President in December 2018.
Section 7 of the Health (Regulation of Termination of Pregnancy) Act 2018 states:
“The Minister shall, not later than 3 years after the commencement of this section, carry out a review of the operation of this Act.”
The review clause was included in the Health (Regulation of Termination of Pregnancy) Act 2018 in order to facilitate monitoring of the operation of the legislation in practice, as well as of the delivery of services in the area.
The Programme for Government Our Shared Future notes that the review will take place in 2021.
266. Deputy Neasa Hourigan asked the Minister for Health if his attention has been drawn to a number of persons who have had to travel to the UK to access follow-up abortion care after the abortion pills they took failed; his plans to ensure that anyone whose abortion procedure was legally initiated in good faith is able to terminate their pregnancy in Ireland; and if he will make a statement on the matter. [27744/20]
Amharc ar fhreagraAs the Deputy will be aware, the Health (Regulation of Termination of Pregnancy) Act 2018 permits termination to be carried out in cases where there is a risk to the life, or of serious harm to the health, of the pregnant woman; where there is a condition present which is likely to lead to the death of the foetus either before or within 28 days of birth; and without restriction up to 12 weeks of pregnancy.
Expanded termination of pregnancy services were initiated on 1st January 2019 and are provided through participating doctors and hospitals throughout the country. However, I am aware that statistics reported by the UK Department of Health and Social Care showed that women with Irish addresses continued to access termination of pregnancy in that jurisdiction during 2019.
I wish to assure the Deputy that it is a priority for my Department that the Health (Regulation of Termination of Pregnancy) Act 2018 is fully implemented, so enabling all women in Ireland to access services quickly and easily, without bias or judgment.
There is ongoing engagement between the Department of Health and the HSE to monitor service provision and to facilitate the smooth-running of the service.
267. Deputy Eoghan Murphy asked the Minister for Health if there is a regional breakdown of testing timelines by county from a request by a general practitioner to receipt of results by the patient [27762/20]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
268. Deputy Jackie Cahill asked the Minister for Health when the threshold for over-70s medical card applications will increase from €500 to €550 for a single person and from €900 to €1,050 for a couple, as announced in budget 2020; and if he will make a statement on the matter. [27768/20]
Amharc ar fhreagraThe Health (General Practitioner Service and Alteration of Criteria for Eligibility) Bill 2020, enacted on 2nd August 2020, provided for an increase to the gross medical card income limits for those aged 70 and over to €550 per week for a single person and to €1,050 per week for a couple.
Although it had been originally intended that this measure would be implemented from July this year, it was not possible to legislate for the necessary amendments to the 1970 Health Act to provide for this measure until there was a fully constituted Dáil and Seanad.
While the relevant section providing for the increased limits has not yet been commenced, decisions on the associated funding requirements and potential implementation date are being actively considered.
269. Deputy Thomas Pringle asked the Minister for Health the reason for allowing couples from County Donegal to have weddings outside the county but not to allow couples from outside the county to have their wedding in County Donegal in respect of the extension of restrictions under the Covid-19 response announced for the county; and if he will make a statement on the matter. [27769/20]
Amharc ar fhreagraAs the Deputy is aware, the Resilience and Recovery 2020-2021: Plan for Living with COVID-19 was published by the Government on 15 September, 2020. This Framework sets out Ireland's approach to managing and living with COVID-19 in a range of areas over the next 6 - 9 months.
The plan sets out five levels of response, each with a number of measures designed to help us all lower COVID-19 transmission, and setting out what is permitted at that moment in time. It aims to allow society and businesses to be able to operate as normally as possible, while continuing to suppress the virus. The plan is framed to account for periods which there is a low incidence of the disease, with isolated clusters and low community transmission, through to situations where there is a high or rapidly increasing incidence, widespread community transmission and the pandemic is escalating rapidly in Ireland and globally. It recognises the need for society and business to be allowed to continue as normally as possible and is designed so that either national or county level restrictions can be applied.
Each level outlines what is permitted for social or family gatherings, work and public transport, bars, hotels and restaurants, exercise activities and religious services. The Framework was informed by expert advice and recommendations from the National Public Health Emergency Team (NPHET).
It seeks to balance the risks of different types of gatherings against the desire to allow normal activities to proceed in so far as possible.
As I am sure the Deputy can appreciate, COVID-19 spreads when individuals and groups come into close contact with one another, enabling the virus to move from one person to another. COVID-19 is infectious in a person with no symptoms, or for the period of time before they develop symptoms. For this reason, we are all asked to be extra careful when socialising and working with others. For now, we must act like we have the virus to protect those around us from infection.
Under Level 3 for Donegal, people living in Donegal should remain in the county, with the exception of those who must travel for work, education and other essential purposes. People living outside of Donegal should not travel to Donegal, with the exception of those who must travel for work, education and other essential purposes. The purpose of these measures is to prevent further transmission of Covid-19 outside of Donegal.
While weddings with up to 25 people are permitted in Level 3 and can currently take place in Donegal, there is no exemption from the current travel restrictions for attending a wedding. This means that it will not be possible for residents outside of Donegal to attend weddings in Donegal, nor will it be possible for those in Donegal to attend weddings in other areas of the country. Again, this measure is in place to prevent further transmission of Covid-19 outside of Donegal. The Deputy may wish to note that there is one exception to this. Couples resident in Donegal with existing plans outside the county can travel to get married at another location, subject to the county level restrictions in place at that location. This applies only to the couple getting married and does not extend to guests attending the wedding.
Further information on the public health measures currently in place for Donegal under Level 3 can be found at https://www.gov.ie/en/publication/f9a0c-donegal-is-at-level-3/.
270. Deputy Fergus O'Dowd asked the Minister for Health if he will order an independent investigation into Covid-19 deaths in a nursing home (details supplied) in County Meath further to the publication of a HIQA report; and if he will make a statement on the matter. [27779/20]
Amharc ar fhreagraSince 2009 the Health Information and Quality Authority, HIQA, is the statutory independent regulator in place for the nursing home sector. HIQA has significant and wide-ranging powers up to and including withdrawing the registration of a nursing home facility, which means that it can no longer operate as a service provider. This responsibility is underpinned by a comprehensive quality framework comprising of Registration Regulations, Care and Welfare Regulations and National Quality Standards.
HIQA undertook a regulatory inspection of the nursing home referred to by the Deputy and as part of this met with residents and their families, including the families of some of those who passed away as a result of COVID-19.
Following this inspection, HIQA is satisfied to re-register the nursing home with several improvement focused conditions including in relation to individual assessment and care planning. In their role as regulator, HIQA will continue to inspect individual nursing homes including the nursing home referred to by the Deputy to ensure their compliance with any conditions imposed.
On 19 August 2020, both Minister Donnelly and I launched the COVID-19 Nursing Homes Expert Panel Report. This is a significant piece of work which provides a range of recommendations in line with lessons learned to date and international best practice, aimed to safeguard the residents in nursing homes over the next 12-18 months and into the longer term. The report is also informative in identifying areas of older persons’ service and care delivery requiring consideration for further reform. Many of these themes are reflected in the Programme for Government.
Implementing the Report’s short-term recommendations will ensure the ongoing protection of nursing home residents, the preparedness of the nursing homes sector and the health system in response to COVID-19 and the winter ahead. This will involve building on emerging good practice.
I am aware of how difficult a time it is for the families of those who passed away as a result of COVID-19 and would like to express my condolences to those who have lost a loved one during this period.
