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Tuesday, 22 Jun 2021

Written Answers Nos. 511-531

Prison Service

Ceisteanna (512)

Alan Kelly

Ceist:

512. Deputy Alan Kelly asked the Minister for Justice if the Irish Prison Service HR section has a policy in place to deny retiring staff the benefit of section 23 of the Organisation of Working Time Act 1997 and the various Department of Finance circulars which give effect to the provision. [33456/21]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Director General of the Irish Prison Service that the organisation is in compliance with the terms and conditions of all laws, circulars and directives regarding the terms and conditions of employment of Civil Servants including the benefits, rights, or entitlements set out in the Organisation of Working Time Act 1997, referred to in the question above. 

If the Deputy wishes to clarify the question in relation to any individual case, I will of course raise it with the IPS.

Legislative Process

Ceisteanna (513)

Jim O'Callaghan

Ceist:

513. Deputy Jim O'Callaghan asked the Minister for Justice when the Parole Act 2019 will be commenced; and if she will make a statement on the matter. [33457/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the establishment of the Parole Board on a statutory footing is a priority action under Justice Plan 2021 which envisages the new Board being established by July 2021. The new Board will replace the interim Board that currently operates on an administrative basis. The Parole Act 2019 puts the Parole Board on an independent statutory footing and it sets out clear and transparent criteria for how the Board will reach its decisions, which will be independent of the Minister of the day.

This will considerably improve the system as it currently operates. A dedicated project team has been put in place to coordinate, track and drive forward the necessary work across the Department and the Sector. 

The Act is expected to be commenced in July and once commenced, the goal is for the full complement of Board members to be available for appointment shortly thereafter. Mr Justice Michael White, a High Court Judge, has been identified as the inaugural Chairperson of the Parole Board on the nomination of the Chief Justice.

Nine other individuals - who will be appointed in accordance with subsections 10(3)(b) to 10(3)(h), inclusive, of the 2019 Act - have also been identified.

An open competition is currently underway, via the Public Appointments Service (PAS), in order to identify candidates suitable for appointment in accordance with subsections 10(3)(i) and 10(3)(j).

It is envisaged that a final list of candidates deemed suitable for appointment will be provided by PAS to Minister Humphreys in the first half of July 2021.

Legal Services Regulation

Ceisteanna (514)

Christopher O'Sullivan

Ceist:

514. Deputy Christopher O'Sullivan asked the Minister for Justice if her Department will address the extraordinary length of time it takes to arrange conveyancing given it is causing issues with house purchases with one recent study showing 79% of auctioneers are experiencing conveyancing delays of between 10 and 25 weeks; and if she will make a statement on the matter. [33477/21]

Amharc ar fhreagra

Freagraí scríofa

The Land and Conveyancing Law Reform Act 2009 provides for fundamental reform and modernisation of land law and conveyancing law and aims to simplify the law and the conveyancing process.

The Act, however, does not provide for the length of time it takes to arrange conveyancing. Such operational matters are under the remit of those members of the legal profession responsible for the legal work involved in buying and selling property. As the Deputy will appreciate, I have no role in such matters. I should also point out that under the Property Registration Authority (Transfer of Departmental Administration and Ministerial Functions) Order (S.I. 574 of 2017), the functions previously vested in the Minister for Justice and Equality under the Registration of Title Act 1964 have been transferred to the Minister for Housing, Planning and Local Government with effect from 1 January 2018. 

However, more broadly I would like to add, as the Deputy may be aware, that the Justice Plan 2021 commits to reform of the legal sector.

In March, as provided for under section 34 of the Legal Services Regulation Act, Minister McEntee asked the Legal Services Regulatory Authority (LSRA) to prepare and submit a report within 18 months on the creation of a new profession of conveyancer.  The LSRA has been specifically asked to consider the potential of digital technology to reduce the cost and time in which it takes to carry out a conveyance. A public consultation process to be undertaken by the LSRA as part of this work, will give key stakeholders, including those who avail of conveyancing services, an opportunity to have their say.

This is an important step in continuing the process of legal services reform to reduce legal costs and provide greater choice for users of legal services.

An Garda Síochána

Ceisteanna (515)

Fergus O'Dowd

Ceist:

515. Deputy Fergus O'Dowd asked the Minister for Justice the plans regarding the redevelopment of the Garda station in east County Meath in view of the very serious reported assaults that took place in the east County Meath coastal area over recent weeks, and her public comments on the Drogheda scoping exercise; if the Garda authorities have considered a new Garda station to deal with the large increase in population in east Meath; and if she will make a statement on the matter. [33508/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda Commissioner is responsible under the Garda Síochána Act 2005 for the administration and management of Garda business. I am advised, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use. The management of the Garda Estate is under the Commissioner's remit and works to refurbish, maintain, or provide new Garda accommodation are progressed by the Garda authorities in close cooperation with the Office of Public Works. As Minister, I play no role in these independent functions.

The determination of the need for the development of a new Garda Station in Meath, or at any other location, will be considered by the Commissioner in the context of the overall accommodation requirements arising from the ongoing expansion of the Garda workforce and the availability of capital funding, as well as the implementation of ‘A Policing Service for our Future’ (the Government’s implementation plan for the recommendations of the Commission on the Future of Policing in Ireland) and the new Garda Operating Model, which will inform the accommodation priorities of An Garda Síochána over the years 2022-2030.

The 'Drogheda: Building a Bridge to a Better Future' report recently published by Minister McEntee, and carried out by Mr Vivian Geiran, a former director of the Probation Service, recommends that exploration of how to address the issue of the impact of the county boundaries of Louth and Meath, and the corresponding delineation between Garda Districts/Divisions, specifically in relation to the policing of the Laytown-Bettystown area of East Meath, be undertaken. An Implementation Plan for the Report is due to be published shortly.

Departmental Staff

Ceisteanna (516)

Sorca Clarke

Ceist:

516. Deputy Sorca Clarke asked the Minister for Justice the number of workers employed by her Department and in each office or agency under the aegis of her Department that earn less than the living wage of €12.30 per hour; and if she will make a statement on the matter. [33594/21]

Amharc ar fhreagra

Freagraí scríofa

It has not been possible to collate the information requested by the Deputy in the time allowed. I will write to the Deputy to provide this information as soon as it is available.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 516 to my Department, which was for answer on 22 June 2021 and in which you requested the number of workers employed by my Department and in each office or agency under the aegis of the Department that earn less than the living wage of €12.30 per hour.
As you will recall, the information you requested could not be obtained in the time available and I undertook to contact you again. Please find a response to this question provided below for your consideration.
The Department of Justice has 217 officers who currently earn less than €12.30. This is comprised of five Service Officers and 212 Clerical Officers, who are on the lower incremental points of their respective pay scales. As officers progress in their roles, they move up the incremental scale for their grade, and their earnings increase.
As the Deputy will be aware, the pay scales for Civil Servants are set by the Department of Public Expenditure and Reform; they are applied unilaterally to the appropriate grades, and individual Departments have no scope to amend or adjust the scales.
GSOC
GSOC has 16 Service Officers who currently earn less than €12.30.
Courts Service
There are two Service Officers in the Courts Service currently earning less than €12.30.
Legal Aid Board
The Legal Aid Board has two trainees who are currently earning less than €12.30. The rates payable for such trainees are guided by the Education Committee of the Law Society of Ireland.

Covid-19 Pandemic

Ceisteanna (517)

Joe Carey

Ceist:

517. Deputy Joe Carey asked the Minister for Health if he will report on his efforts to implement in full the EU digital green certificate here in order to facilitate international travel in summer 2021. [25327/21]

Amharc ar fhreagra

Freagraí scríofa

The Digital COVID Certificate Regulation is intended to facilitate people’s fundamental right to move and reside freely and help to support the lifting of restrictions currently in place in a coordinated manner within the EU.

As the Minister for Health, I am supporting the work of my Department in collaborating with relevant Departments under the leadership of the Department of Taoiseach to assist in the implementation of this Regulation to prepare for the introduction of EU Digital COVID Certificates both for those travelling to the country and those travelling from the country.

Health Services

Ceisteanna (518)

Noel Grealish

Ceist:

518. Deputy Noel Grealish asked the Minister for Health when speech and language and occupational therapy classes for children will recommence; and if he will make a statement on the matter. [25663/21]

Amharc ar fhreagra

Freagraí scríofa

As this Parliamentary Question relates to an operational issue, it is a matter for the HSE. However, members of the Oireachtas are advised that the HSE is currently unable to access the information to answer Parliamentary Questions due to the recent cyber-attack, which has required a temporary shut-down of HSE IT systems. The disruption to service is on-going, and the HSE is working hard to restore its IT capacity and resume normal services. Members of the Oireachtas will be advised as soon as the HSE is again in a position to provide responses to PQs and are encouraged to resubmit their Parliamentary Questions at that point.

Covid-19 Pandemic

Ceisteanna (519)

Claire Kerrane

Ceist:

519. Deputy Claire Kerrane asked the Minister for Health if consideration has been given to allowing park run events in counties Roscommon and Longford to return; his plans to allow park runs and other sporting events to return with social distancing guidelines in place; and if he will make a statement on the matter. [25855/21]

Amharc ar fhreagra

Freagraí scríofa

There has been considerable progress in reducing infection levels since the peak of the wave of infection in late 2020/early 2021 because of the widespread adherence by the public to the public health measures in place, and this progress has been sustained during recent phases of reopening in April and May. While there is still a high level of infection nationally, the situation is considered reasonably stable and significant progress is being made in relation to the roll-out of our vaccination programme.    

On 28 May, Government decided to move ahead with the process of lifting restrictions further. A range of measures were eased in June, including in relation to sporting events, and it has signaled a further easing of measures in July and August subject to the epidemiological situation at the time.  

In relation to Parkrun events, I understand that during the Covid-19 pandemic, Parkrun have been supporting participants to take part in individual exercise, such as (not)parkrun, which promoted individual 5k runs, in line with public health guidelines. Furthermore, there has been regular contact with Parkrun organisers throughout the pandemic. I understand that representatives of Parkrun recently met with the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media to discuss the resumption of their events when regulations permit. As part of these discussions, Parkrun submitted a COVID-19 Framework which has been reviewed by the Department's Return to Sport Expert Group and feedback has been provided to Parkrun via Sport Ireland. Both Sport Ireland and the Return to Sport Expert Group are supportive of the return of Parkrun and will continue to provide guidance and support to Parkrun as they further progress with their plans to resume. 

While there has been scope to continue with the easing of public health measures, our approach must continue to be cautious, gradual and on a phased basis, with sufficient time between any easing of measures to assess the impact. This will be critical to ensure that our progress in controlling the virus is maintained.

Significant progress has been made on suppressing the virus over recent months due to the huge effort of people across the country. By working together, we have saved lives and limited the impact of the disease on society in Ireland. To protect the gains of recent months we must continue to practice basic preventative behaviours and to follow public health guidelines.

Medicinal Products

Ceisteanna (520)

Michael Fitzmaurice

Ceist:

520. Deputy Michael Fitzmaurice asked the Minister for Health the work being done with Dutch officials to resolve issues surrounding the GMP certificate of the prescription drug manufactured by a company (details supplied); and if he will make a statement on the matter. [26055/21]

Amharc ar fhreagra

Freagraí scríofa

The Department has not been informed of any matters referred to by the Deputy. Departmental officials have contacted their Dutch counterparts in this matter and can make further contact with the Deputy when a response has been received.

Medicinal Products

Ceisteanna (521)

Michael Fitzmaurice

Ceist:

521. Deputy Michael Fitzmaurice asked the Minister for Health the work currently being done with Dutch officials regarding prescription drugs manufactured by a company (details supplied); and if he will make a statement on the matter. [26056/21]

Amharc ar fhreagra

Freagraí scríofa

The Dutch authorities will not allow the commercial export of oil-based cannabis products to pharmacies or wholesalers. Representations were made to the Dutch authorities about having the products exported to Ireland to facilitate their inclusion in the Access Programme if the producers wished to do so. The Dutch authorities replied that magistral preparations may only be provided directly to patients or their representative on the basis of a prescription, presented for dispensing. Since April 2020 owing to the travel restrictions and quarantine requirements the Department of Health has been collecting patients prescribed products and delivering them to Irish patient’s homes, collections occur approximately every four weeks. In December 2020 the Minister for Health said this this scheme would be made permanent.

Owing to the restrictions the manufacturers of the Dutch products are not in a position to apply to the Health Products Regulatory Authority to have the products included in the Access Programme and treated in the same manner as the products included in the Access Programme.

It is a requirement for patients or their families to pay the dispensing pharmacy in the Netherlands and a reimbursement application can subsequently be made to the Primary Care Reimbursement Service in the HSE.

Pursuant to Section 10B of the Health Act 2004 the Minister for Health shall not give a direction under section 10, or specify a priority or performance target under section 10A, as respects -

(a) any function of the Executive relating to the provision of treatment or a health or personal social service to any particular person,

(b) any function of the Executive relating to a decision concerning

(i) whether or not a particular person is eligible for a particular health or personal social service (including the payment of a grant or allowance),

(ii) the extent to which and the manner in which a person is eligible for any such service.

I have asked Departmental officials to examine this issue further with the HSE.

Disability Services

Ceisteanna (522)

Seán Sherlock

Ceist:

522. Deputy Sean Sherlock asked the Minister for Health the number of children seen across all areas of intervention in each CHO area since the commencement of the Progressing Disability Services Policy on 19 April 2021; and the number awaiting for an assessment of need in each CHO since the advent of the Policy and the Children's Disability Network Team. [26089/21]

Amharc ar fhreagra

Freagraí scríofa

“As this Parliamentary Question relates to an operational issue, it is a matter for the HSE. However, members of the Oireachtas are advised that the HSE is currently unable to access the information to answer Parliamentary Questions due to the recent cyber-attack, which has required a temporary shut-down of HSE IT systems. The disruption to service is ongoing, and the HSE is working hard to restore its IT capacity and resume normal services. Members of the Oireachtas will be advised as soon as the HSE is again in a position to provide responses to PQs and are encouraged to resubmit their Parliamentary Questions at that point.

Covid-19 Pandemic

Ceisteanna (523)

Duncan Smith

Ceist:

523. Deputy Duncan Smith asked the Minister for Health if his Department will provide guidance as to when and the conditions under which the fairground industry may be permitted to reopen given the primarily outdoor nature of fairground events; and if he will make a statement on the matter. [26210/21]

Amharc ar fhreagra

Freagraí scríofa

There has been considerable progress in reducing infection levels since the peak of the wave of infection in late 2020/early 2021 because of the widespread adherence by the public to the public health measures in place, and this progress has been sustained during recent phases of reopening in April and May. While there is still a high level of infection nationally, the situation is considered reasonably stable and significant progress is being made in relation to the roll-out of our vaccination programme.

On 28 May, Government decided to move ahead with the process of lifting restrictions further. A range of measures were eased in June, and it has signaled a further easing of measures in July and August subject to the epidemiological situation at the time.  

I can confirm to the Deputy that, in line with the Resilience and Recovery Plan for the easing of measures, fairgrounds were permitted to reopen on the 7 June.

While there has been scope to continue with the easing of public health measures, our approach must continue to be cautious, gradual and on a phased basis, with sufficient time between any easing of measures to assess the impact. This will be critical to ensure that our progress in controlling the virus is maintained. 

Significant progress has been made on suppressing the virus over recent months due to the huge effort of people across the country. By working together, we have saved lives and limited the impact of the disease on society in Ireland. To protect the gains of recent months we must continue to practice basic preventative behaviours and to follow public health guidelines.

Nursing Homes

Ceisteanna (524)

Neale Richmond

Ceist:

524. Deputy Neale Richmond asked the Minister for Health the definition of a business asset regarding the reform of the fair deal scheme and the capping of financial contributions based on farm and business assets; and if he will make a statement on the matter. [26375/21]

Amharc ar fhreagra

Freagraí scríofa

The Nursing Homes Support Scheme, commonly referred to as the Fair Deal Scheme, has been in operation for over 10 years and there is broad agreement that the Scheme operates well and continues to provide appropriate financial assistance where it is required.

However, it is recognised that the Act, in its current form, does not place caps on the financial assessment of family owned and operated farms or businesses when calculating the means to pay for nursing home care, except in cases where an applicant requires nursing home care due to sudden illness or disability. This places a potentially onerous burden on family successors and could challenge the future viability of these productive assets.

Therefore, the Department of Health has proposed a policy change to the Scheme, to cap contributions based on farm and business assets at three years where a family successor commits to working the productive asset. The stated policy objective of the legislation is to introduce additional safeguards in the Scheme to further protect the viability and sustainability of family farms and businesses that will be passed down to the next generation of the family to continue to work them as productive assets to provide for their livelihood.

The definition of relevant business in the 2021 Bill is unchanged from the existing definition in the Principal Act. It has been altered only to remove the qualification that the definition is solely relevant in the context of applicants with relevant businesses who enter care because of sudden illness or disability. All persons with a relevant business can now qualify for the 3-year cap on contributions to the cost of care based on the value of the business, provided that they comply with all of the conditions of the scheme. 

For the purposes of the Nursing Homes Support Scheme (Amendment) Bill, a relevant business means—

 (a) the business or an interest in a business carried on by a sole trader or by a partnership, including any land, building, machinery or plant used wholly or mainly for the purpose of the business, or

(b) where a business is carried on by a company, the unquoted shares in or securities of the company, and a reference to a relevant business includes a reference to part of a relevant business.

National Maternity Hospital

Ceisteanna (525)

John Lahart

Ceist:

525. Deputy John Lahart asked the Minister for Health if he will provide an update on the new national maternity hospital at St. Vincent’s Hospital especially in relation to issues regarding the management, ownership and ethos. [25508/21]

Amharc ar fhreagra

Freagraí scríofa

The Government is committed to the development of the new National Maternity Hospital (NMH) planned for the St Vincent’s University Hospital Campus at Elm Park, as set out in the Programme for Government.

Significant progress has been made on the capital project, with planning permission for the hospital secured in 2017 and, in 2018, the awarding of contract for substantial enabling works. 

The ownership and governance arrangements are more complex. The proposed corporate and clinical governance arrangements for the new NMH at Elm Park were set out in the Mulvey Agreement, which was finalised in 2016 following an extensive mediation process between the NMH and the St. Vincent’s Healthcare Group, published thereafter and noted by Government in 2017. 

The Mulvey Agreement provides for the establishment of a new company - National Maternity Hospital at Elm Park DAC - which will have clinical and operational, as well as financial and budgetary, independence in the provision of maternity, gynaecology and neonatal services.

The draft legal framework subsequently developed is designed to copperfasten these arrangements. It provides that the new hospital remains in State ownership and that thus, the State’s significant investment will be protected.  The clear legal advice provided to the State is that the draft legal framework ensures that all legally permissible medical services will be provided in the new hospital.

However, we will continue to examine all options carefully as we move forward towards finalisation of the arrangements. I have been very clear that I will not bring anything to Government unless it provides assurances around all legally permissible services being provided in the new NMH. In addition, the safeguarding of the State’s investment must also be put beyond doubt.

In that context, I intend to engage further with both St Vincent’s Healthcare Group and the Religious Sisters of Charity over the coming days and weeks.

Covid-19 Pandemic

Ceisteanna (526)

Richard Boyd Barrett

Ceist:

526. Deputy Richard Boyd Barrett asked the Minister for Health if he will examine if the vaccine roll-out will inadvertently vaccinate persons in the 50-59 age group faster than some persons in the priority group 4; and if he will make a statement on the matter. [25516/21]

Amharc ar fhreagra

Freagraí scríofa

As this Parliamentary Question relates to an operational issue, it is a matter for the HSE. However, members of the Oireachtas are advised that the HSE is currently unable to access the information to answer Parliamentary Questions due to the recent cyber-attack, which has required a temporary shut-down of HSE IT systems. The disruption to service is on-going, and the HSE is working hard to restore its IT capacity and resume normal services. Members of the Oireachtas will be advised as soon as the HSE is again in a position to provide responses to PQs and are encouraged to resubmit their Parliamentary Questions at that point.

Covid-19 Pandemic

Ceisteanna (527)

Fergus O'Dowd

Ceist:

527. Deputy Fergus O'Dowd asked the Minister for Health the position in relation to partners of pregnant person’s attendance at pregnancy related appointments and procedures; and if he will make a statement on the matter. [25530/21]

Amharc ar fhreagra

Freagraí scríofa

“As this Parliamentary Question relates to an operational issue, it is a matter for the HSE. However, members of the Oireachtas are advised that the HSE is currently unable to access the information to answer Parliamentary Questions due to the recent cyber-attack, which has required a temporary shut-down of HSE IT systems. The disruption to service is on-going, and the HSE is working hard to restore its IT capacity and resume normal services. Members of the Oireachtas will be advised as soon as the HSE is again in a position to provide responses to PQs and are encouraged to resubmit their Parliamentary Questions at that point.

Covid-19 Pandemic

Ceisteanna (528)

Mairéad Farrell

Ceist:

528. Deputy Mairéad Farrell asked the Minister for Health further to Parliamentary Question No. 749 of 13 January 2021, if any of the 700 oxygen concentrators that were donated to India (details supplied) included any of those oxygen concentrators that were delivered to Galway University Hospital and referenced in the response. [25542/21]

Amharc ar fhreagra

Freagraí scríofa

As this Parliamentary Question relates to an operational issue, it is a matter for the HSE. However, members of the Oireachtas are advised that the HSE is currently unable to access the information to answer Parliamentary Questions due to the recent cyber-attack, which has required a temporary shut-down of HSE IT systems. The disruption to service is on-going, and the HSE is working hard to restore its IT capacity and resume normal services. Members of the Oireachtas will be advised as soon as the HSE is again in a position to provide responses to PQs and are encouraged to resubmit their Parliamentary Questions at that point.

Home Care Packages

Ceisteanna (529)

Seán Sherlock

Ceist:

529. Deputy Sean Sherlock asked the Minister for Health if a homecare package will be provided to a person (details supplied). [25547/21]

Amharc ar fhreagra

Freagraí scríofa

“As this Parliamentary Question relates to an operational issue, it is a matter for the HSE. However, members of the Oireachtas are advised that the HSE is currently unable to access the information to answer Parliamentary Questions due to the recent cyber-attack, which has required a temporary shut-down of HSE IT systems. The disruption to service is on-going, and the HSE is working hard to restore its IT capacity and resume normal services. Members of the Oireachtas will be advised as soon as the HSE is again in a position to provide responses to PQs and are encouraged to resubmit their Parliamentary Questions at that point.

Primary Medical Certificates

Ceisteanna (530)

Michael Healy-Rae

Ceist:

530. Deputy Michael Healy-Rae asked the Minister for Health the status of a primary medical certificate application by a person (details supplied); and if he will make a statement on the matter. [25569/21]

Amharc ar fhreagra

Freagraí scríofa

“As this Parliamentary Question relates to an operational issue, it is a matter for the HSE. However, members of the Oireachtas are advised that the HSE is currently unable to access the information to answer Parliamentary Questions due to the recent cyber-attack, which has required a temporary shut-down of HSE IT systems. The disruption to service is on-going, and the HSE is working hard to restore its IT capacity and resume normal services. Members of the Oireachtas will be advised as soon as the HSE is again in a position to provide responses to PQs and are encouraged to resubmit their Parliamentary Questions at that point.

Hospital Appointments Status

Ceisteanna (531)

Michael Healy-Rae

Ceist:

531. 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. [25570/21]

Amharc ar fhreagra

Freagraí scríofa

As this Parliamentary Question relates to an operational issue, it is a matter for the HSE. However, members of the Oireachtas are advised that the HSE is currently unable to access the information to answer Parliamentary Questions due to the recent cyber-attack, which has required a temporary shut-down of HSE IT systems. The disruption to service is on-going, and the HSE is working hard to restore its IT capacity and resume normal services. Members of the Oireachtas will be advised as soon as the HSE is again in a position to provide responses to PQs and are encouraged to resubmit their Parliamentary Questions at that point.

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