Written Answers Nos. 443-467
447. Deputy Catherine Murphy asked the Minister for Justice if she will provide an update on work that has been completed and if she is in a position to give assurance that the 41 cases between 2013 and 2015 are in compliance with the positive obligations under Article 2 of the European Convention on Human Rights and section 7(1)(c) of the Garda Síochána Act 2005. [36054/21]
Amharc ar fhreagraI have requested the information sought by the Deputy from An Garda Síochána. Unfortunately, this information was not readily available, and I will write to the Deputy as soon as the information is to hand.
448. Deputy Catherine Murphy asked the Minister for Justice the number of incidents that have been reclassified to homicide from a non-fatal crime classification such as assault causing harm or a non-crime classification such as sudden death for each year from 2003 to 2020; and the reasons for reclassification. [36055/21]
Amharc ar fhreagraI have requested the information sought by the Deputy from An Garda Síochána, but I have not received this information in time. I will write to the Deputy as soon as the information is to hand.
449. Deputy Catherine Murphy asked the Minister for Justice the current status of the homicide investigation review team within An Garda Síochána. [36056/21]
Amharc ar fhreagraI have requested the information sought by the Deputy from An Garda Síochána. Unfortunately, this information was not readily available, and I will write to the Deputy as soon as the information is to hand.
450. Deputy Cathal Crowe asked the Minister for Justice the current status of a citizenship application by a person (details supplied). [36057/21]
Amharc ar fhreagraAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 20 October 2017.
This application for naturalisation continues to be processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision in due course.
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.
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 my Department by e-mail using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, 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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
451. Deputy Martin Browne asked the Minister for Justice the name of the company that supplies An Garda Síochána with flame resistance masks in each of the past three years in tabular form. [36104/21]
Amharc ar fhreagraAs the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. Decisions in relation to the provision, procurement and deployment of Garda equipment and resources, which includes flame resistance masks, are matters for the Garda Commissioner. As Minister, I have no role in these matters.
I am informed by the Garda authorities that the JBS Group has been the supplier of flame resistance masks to An Garda Síochána in each of the past three years.
452. Deputy Martin Browne asked the Minister for Justice the number of Garda cars, motorcycles and jeeps attached to Tipperary roads policing unit as of 30 June 2020 and 28 June 2021, in tabular form. [36105/21]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner is responsible under the law for the management and administration of An Garda Síochána. The allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. This includes the allocation of vehicles among the various Garda divisions. As Minister, I have no direct role in these decisions. I am assured 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 following table, furnished to me by the Garda authorities, outlines the number of vehicles assigned to the Tipperary roads policing unit for the periods in question.
|
30th June 2021 |
Cars |
Motorcycles |
4x4 |
Total |
|
Tipperary Division (total) |
9 |
4 |
2 |
15 |
|
Cahir District |
4 |
2 |
1 |
7 |
|
Nenagh District |
1 |
0 |
0 |
1 |
|
Thurles District |
4 |
2 |
1 |
7 |
|
30th June 2020 |
Cars |
Motorcycles |
4x4 |
Total |
|
Tipperary Division (total) |
14 |
2 |
1 |
17 |
|
Cahir District |
6 |
0 |
0 |
6 |
|
Nenagh District |
1 |
0 |
0 |
1 |
|
Thurles District |
7 |
2 |
1 |
10 |
453. Deputy Martin Browne asked the Minister for Justice the current status of the Explosives Bill 2021. [36106/21]
Amharc ar fhreagraAs the Deputy may be aware, the aim of this Bill is to repeal the Explosives Act 1875 and replace it with a modern statutory framework for the control of the manufacture, storage, importation, transport and supply of explosives.
The General Scheme for the Explosives Bill was approved by Government in 2008.
While the bill was not progressed since 2008, I wish to assure the Deputy that the status of the Bill will be kept under review.
In addition, my Department also continues to transpose important EU legislation in this area.
The Deputy may be interested to note that the following have been enacted since 2015 -
- the European Union (Making Available on the Market of Pyrotechnic Articles) Regulations 2015 (Statutory Instrument No. 174 of 2015);
- the European Union (System for Identification and Traceability of Explosives for Civil Uses) (Amendment) Regulations 2015 (Statutory Instrument No. 201 of 2015);
- the European Union (Making Available on the Market and Supervision of Explosives for Civil Uses) Regulations 2016 (Statutory Instrument No. 423 of 2016).
454. Deputy Martin Browne asked the Minister for Justice the number of Garda vans assigned to the Garda forensic collision investigation unit in each of the past three years in tabular form. [36107/21]
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 administration of An Garda Síochána. In addition, the allocation of Garda resources is a matter for the Commissioner, which includes responsibility for the allocation of vehicles assigned to the Garda forensic collision investigation unit. As Minister, I have no role in these matters. However, I am assured by the Garda authorities that the allocation of vehicles is made on the basis of identified operational demands, the availability of resources and is reviewed on a continual basis.
The following table sets out the number of vans assigned to the Garda forensic collision investigation unit in 2018, 2019, 2020, and as of 30 June 2021.
|
Total |
New vehicles allocated |
|
|
2018 |
10 |
4 |
|
2019 |
10 |
0 |
|
2020 |
10 |
0 |
|
Up to 30th June 2021 |
10 |
0 |
455. Deputy Catherine Murphy asked the Minister for Justice if she is satisfied in the context of the freedom of information publication scheme that all logs are published and up to date in compliance with the Freedom of Information Act 2014; if not, the reason they are not published; and if she will update them as a matter of priority. [36128/21]
Amharc ar fhreagraI can assure the Deputy that I am committed to fulfilling all obligations under the Freedom of Information Act 2014. My Department’s publication of Freedom of Information disclosure logs is currently not up to date and I intend to remedy this as quickly as possible. The disclosure logs for the first six months of this year will be published this month and all remaining outstanding logs will be published by the autumn.
As the Deputy may be aware, in 2019 my Department undertook an extensive programme of transformation and organisational change. A core element of this programme is a focus on transparency, along with improved external communications and engagement, and the Department’s approach to Freedom of Information is consistent with this aim.
Following on from this transformation programme, an overall examination of processes is underway, including a review of the current model in place for dealing with Freedom of Information requests, and the updating and publication of the disclosure logs.
As a result of this examination of processes, a Freedom of Information Review Committee was recently established within my Department. One of the roles of this committee is to review the Freedom of Information publication scheme for the Department with a view to facilitating frequent and timely publication, as well as considering broadening our publication scheme to include other material and records that may be of general interest to the public.
456. Deputy Catherine Murphy asked the Minister for Justice the amount collected on an annual basis since the Freedom of Information Act 2014 commenced in respect of fees attached to freedom of information requests submitted to her Department. [36146/21]
Amharc ar fhreagraIt 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.
457. Deputy Catherine Murphy asked the Minister for Justice the number of freedom of information requests refused by her Department since the Freedom of Information Act 2014 commenced for the reason that search and copy costs would exceed the maximum threshold; the number of requests that were subsequently granted following engagement with the requester to narrow the scope of the request; and the costs associated with same. [36164/21]
Amharc ar fhreagraIt 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.
458. Deputy Thomas Gould asked the Minister for Justice the number of applications currently awaiting a first instance decision at the International Protection Office; and the median waiting time for a first instance decision for applicants not going through an accelerated process. [36374/21]
Amharc ar fhreagraI am very conscious of the difficulties and trauma encountered by people who seek international protection and I am glad to say that, throughout the pandemic, my Department's International Protection Office (IPO) has remained open to allow people the opportunity to do so in line with our international obligations. Staff have worked both on-site and remotely since the pandemic began to ensure the protection process continues to operate and I am grateful to them for their dedication.
Physical attendance in the office has been strictly limited in line with public health guidance. Ensuring the safety of applicants, legal representatives and staff has resulted in additional logistical challenges that have limited the processing of applications and efforts to improve processing times, including the target set to make first instance decisions in the vast majority of cases within 9 months.
Despite these challenges, 2,276 applications for international protection were processed to completion last year – just under 67% of the total achieved in 2019.
I can further inform the Deputy that at the end of May 2021, there were 5,035 international protection cases pending at the IPO and 590 cases pending in the Ministerial Decisions Unit.
The median processing times for determinations made by the IPO in 2020 for all cases was 17.6 months and for prioritised cases was 12.7 months.
The median processing time for all cases processed to completion in the IPO in Q1 2021 was 22.2 months, and 16.1 months for prioritised cases.
While the International Protection Office makes a first instance recommendation, decisions in respect of international protection are made by the Ministerial Decisions Unit.
The median processing time for cases completed in the Ministerial Decisions Unit in Q1 2021 was 0.2 months. The median processing time for decisions made by the Ministerial Decisions Unit in 2020 was 1.6 months.
My Department's main focus now is to get its processing system functioning as effectively and efficiently as possible, while adhering to all measures in place to combat the spread of COVID-19.
My Department is committed to implementing the key recommendations in the Expert Advisory Group Report to reduce processing times of both first instance decisions and appeals to 6 months respectively, as outlined in the White Paper to End Direct Provision and Establish a New International Protection Support Service.
Work is under way in my Department towards identifying mechanisms which will assist with this. For example, additional ICT resources have been secured for this year, and detailed practical work, including the end-to-end review of relevant international protection processes by a multi-disciplinary team from within my Department, has now been completed.
A number of initiatives have already been introduced, including the relocation of the Ministerial Decisions Unit to the IPO premises to improve work processes; the designation of the International Protection Appeals Tribunal as a body authorised to hold remote hearings; and the holding of virtual interviews with some applicants living outside of Dublin by the IPO resumed on 10 May.
The IPO has also put in place a range of measures to improve efficiencies across a number of work streams, such as accelerated procedures, implementation of non-cooperation measures, and initiatives to speed up the return of completed questionnaires from applicants. A new, shorter and more user-friendly questionnaire is being used since 28 June and the IPO has also agreed a new prioritisation schedule with UNHCR that is effective from 14 June.
459. Deputy Thomas Gould asked the Minister for Justice the number of applications made since 1 January 2021 for a new residence document under the withdrawal agreement as family members of UK nationals; the number of withdrawal agreement cards issued; and the actions her Department has taken to make family members of UK nationals aware that they must exchange their residence permit before 31 December 2021. [36376/21]
Amharc ar fhreagraNon-EEA family members or dependents of UK nationals continue to hold the same residence rights to live, work or study in Ireland, if they resided here at the end of the transition period on 31 December 2020. It is estimated that approximately 6,000 non-EEA nationals resident in Ireland will apply for a new residence document under the Withdrawal Agreement as family members of UK nationals.
Non-EEA family members or dependents of UK nationals are required to exchange their current valid Irish Residence Permit (IRP) Card for a new one stating that they benefit from the Withdrawal Agreement. This card exchange programme has applied from 1 January 2021, and is administered by the Immigration Service of my Department for applicants nationwide. Applications are made through an online renewal system.
As of 1 July 2021, 1,244 card exchange applications have been received, of which 1,202 have been completed.
To raise awareness of the card exchange scheme, my Department has created a Brexit information section on the Immigration Service website which includes information for non-EEA family members of UK citizens resident in Ireland. This, along with a frequently asked questions guide is available at inis.gov.ie/en/INIS/Pages/Brexit.
Social media content has been created to sign post available information on the website and published to my Department’s social media channels. My Department will continue to communicate the card exchange scheme deadline in the coming months and throughout this year.
460. Deputy Johnny Mythen asked the Minister for Justice the number of speeding fines issued across County Wexford in each of the years 2016 to 2020 and to date in 2021; the locations of the alleged speeding offences; and the time of day the alleged offences took place in each instance in tabular form. [36405/21]
Amharc ar fhreagraI have requested the information sought by the Deputy from An Garda Síochána, but I have not received this information in time. I will write to the Deputy as soon as the information is to hand.
461. Deputy Aengus Ó Snodaigh asked the Minister for Justice the progress to date in the determination of a citizenship application by a person (details supplied); when the application will be concluded; and if she will make a statement on the matter. [36483/21]
Amharc ar fhreagraAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 25 September 2019.
This application for naturalisation continues to be processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision in due course.
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.
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 my Department by e-mail using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, 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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
462. Deputy Brendan Smith asked the Minister for Justice if consideration is being given to the recent submission by an organisation (details supplied) requesting a deferral of the deadline of December 2021 in relation to rights of way; and if she will make a statement on the matter. [36484/21]
Amharc ar fhreagraThe 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.
As the Deputy will be aware, this Act contains statutory provisions concerning the registration of easements. Part 8 updated the law concerning the acquisition of easements, including rights of way, based on recommendations of the Law Reform Commission.
The Civil Law (Miscellaneous Provisions) Act 2011 also contains some amendments to this Act in this area. Rights of way can be created either through grant by deed between the owner of the subject land and the owner of the land intended to benefit from the right, or alternatively a right of way can be shown to have been acquired by prescription, which is the acquisition of such rights by the user as of right over a substantial period of time.
My Department has received correspondence on this issue from a number of stakeholders including the detailed submission you have highlighted. My officials have discussed this issue with key stakeholders and are engaged in reviewing the points raised.
463. Deputy Peter Burke asked the Minister for Health if a general practitioner visit card can be considered for family carers who provide full-time care to family members but are not in receipt of carer’s allowance or carer’s benefit; and if he will make a statement on the matter. [29277/21]
Amharc ar fhreagraI can advise the Deputy that many persons in receipt of the Carer's Support Grant already qualify for a GP visit card as the Carer's Support Grant is paid automatically to persons in receipt of Carer's Allowance or Carer's Benefit.
However, I note the Carer's Support Grant can also be paid to certain other carers providing full time care who may not be in receipt of the Carer's Allowance or Carer's Benefit.
The Deputy may be aware that the Programme for Government “Our Shared Future” contains a commitment to “Extend free GP care to carers in receipt of the Carer’s Support Grant”. It is noted that this commitment will be delivered over the lifetime of the Government.
464. Deputy Paul Murphy asked the Minister for Health if his Department can supply an at home delivery of Covid-19 vaccinations to a person (details supplied). [29292/21]
Amharc ar fhreagraAs 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.
465. Deputy Joan Collins asked the Minister for Health if he will address a matter (details supplied) regarding funding for the doctorate in counselling psychologists in training. [29293/21]
Amharc ar fhreagraThe Report of the Psychology Review Implementation Group in 2017 expanded the care group employment available to counselling and educational psychologists. The report’s recommendation led to the establishment of a Project Team to implement this recommendation.
In February 2019, HSE Community Operations convened a Project Team, chaired by Dr Cathal Morgan, comprised of representatives from Clinical, Counselling and Educational Psychology; Social Care, Disability, and Mental Health services; Community and Acute services; Operational and National HR; and the Health and Social Care Professions office.
The Project Team was tasked with, inter alia, considering the preparation of a workforce plan for psychological services in the HSE, including an examination of the current framework for training psychologists for the health service, and the type, and skill-mix, required for the future.
The work of the Project Team has been informed by a thorough stakeholder consultation process. It is expected that the Report of the Project Team will be finalised in the coming weeks .
466. Deputy Peadar Tóibín asked the Minister for Health the nature of the data breaches experienced by his Department since 2018. [29319/21]
Amharc ar fhreagraMy Department has a data breach management policy in place to ensure that any data breaches are dealt with as required under Articles 33-34 of the General Data Protection Regulation (GDPR). The majority of the breaches identified were determined to be minor in nature. These were handled in accordance with the Department's data breach management policy.
In relation to the specific question raised by the Deputy, I can confirm that my Department has registered 31 breaches since 2018.
|
Number |
nature of the data breaches |
|
19 |
Human Error |
|
5 |
Loss/Theft |
|
6 |
Unauthorised Disclosure |
|
1 |
Cyber Security Incident |
467. Deputy Joan Collins asked the Minister for Health when kaftrio for CF patients who are 12 years of age and older will be approved for use here (details supplied). [29361/21]
Amharc ar fhreagraThe HSE has statutory responsibility for decisions on pricing and reimbursement of medicines under the community drugs schemes and for the administration of the community drug schemes, in accordance with the Health (Pricing and Supply of Medical Goods) Act 2013.
Reimbursement is for licensed indications which have been granted market authorisation by the European Medicines Agency (EMA) or the Health Products Regulatory Authority.
In line with the 2013 Health Act and the national framework agreed with industry, a company must submit an application to the HSE to have a new medicine added to the reimbursement list.
The HSE has advised that reimbursement under the High-Tech Drug Arrangements was approved in October 2020 for Ivacaftor/ Tezacaftor/ Elexacaftor (Kaftrio) in a combination regimen with ivacaftor 150 mg tablets for the treatment of cystic fibrosis (CF) in patients aged 12 years and older who are homozygous for the F508del mutation in the cystic fibrosis transmembrane conductance regulator (CFTR) gene or heterozygous for F508del in the CFTR gene with a minimal function (MF) mutation. This reimbursement approval is fully aligned with the initial EMA market authorisation which issued on 21 August 2020.
The HSE advises that on 26 April 2021 the European Commission approved the EMA's recommended licence extension of Kaftrio for the following indication:
- In a combination regimen with Ivacaftor 150mg tablets for the treatment of CF in patients aged 12 years and older who have at least one F508del mutation in the CFTR gene.
In line with agreed formal processes governing the reimbursement of new medicines or new indications of existing medicines in Ireland, the assessment process commences when the applicant company submits a rapid review dossier of evidence to the HSE. The HSE has confirmed that it has received a rapid review dossier for the above extended indication of Kaftrio from the applicant company on 26 March 2021.
The HSE further advises that the necessary arrangements to support reimbursement are currently being progressed and reimbursement is expected to be in place in the near future.
The application remains under consideration with the HSE and a decision will be made in line with the 2013 Act.
