Written Answers Nos. 347-366
347. Deputy Jennifer Whitmore asked the Minister for Justice the number of offices operated by her Department that are in high-risk areas for radon; the number that have been tested for radon; and if she will make a statement on the matter. [28579/22]
Amharc ar fhreagraI can assure the Deputy that my Department is aware of its responsibilities as an employer under Article 66 of S.I. 30 of 2019 and the Safety, Health and Welfare at Work Act 2005, with regard to radon levels in the workplace.
I am informed that my Department has identified one office which is situated in a high radon area, and arrangements have been made for radon testing to be carried out. My Department will take any remedial action required, based on the outcome of testing.
As they Deputy may be aware, a National Radon Control Strategy for Ireland was published in February 2014. The Strategy, now in its second phase covering the period 2019-2024, can be viewed at www.epa.ie/publications/monitoring--assessment/radon/The-National-Radon-Control-Strategy-Phase-2.pdf.
348. Deputy Paul Murphy asked the Minister for Justice further to Parliamentary Question Nos. 615, 616 and 618 of 17 May 2022, if she will provide information in relation to the nine extensions referenced; the persons who were included in these extensions; the dates that they were announced; the time periods the extensions were processed; and if conditions were put on those who were included in these visa extensions. [28590/22]
Amharc ar fhreagraExtensions of immigration and international protection permissions have been provided by successive Ministers for Justice since the beginning of the pandemic, full details of which can be found on my Department's immigration website at: www.irishimmigration.ie/news-and-updates/.
Each of the extensions provided were applied to all valid permissions that were due to expire in a stated upcoming period of time during the pandemic. Permissions were extended on the same terms and conditions as the permission already held. Any non-EEA national whose Irish Residence Permit (IRP) card had expired was allowed to rely on the each of the published notices on my Department's website to prove their immigration permission was renewed in line with them.
These extensions were made in the context of an uncertain health and international travel situation to provide assistance and assurance to people who use our immigration services.
Now that those circumstances are returning to normal, it is important that we also return to a more normal way of doing business. This includes in relation to first-time registrations and renewals, and processes and procedures are in place to allow customers to do so as I outlined last week.
349. Deputy Paul Murphy asked the Minister for Justice if her Department will consider an appeal to an application (details supplied). [28630/22]
Amharc ar fhreagraThe person referred to by the Deputy created an online Join Family (Irish national spouse) visa application on 3 January 2022. Supporting documentation was received in the Ankara Visa Office on 10 January 2022.
Long Stay Join Family visa applications are processed in accordance with the guidelines set out in my Department's Policy Document on Non-EEA Family Reunification, which can be found at:
www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf.
This Policy Document contains a stated business target that visa applications for family reunification for immediate family members of Irish citizens and Category A sponsors, such as Critical Skills Employment Permit Holders, should be dealt with within 6 months of application. This is a business target rather than a legal obligation, which reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.
It is not possible to give a definitive date as to when these applications will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for my Department to investigate, inquire into, or seek further information, and the resources available.
The Deputy can be assured that every effort is made to keep processing times to a minimum, and a number of measures have been put in place to deal with the increased demand for visas to come to Ireland. This has included the assignment of additional staff to deal with applications, and, more generally, the streamlining of visa processes, where possible.
The applicant will be notified as soon as a decision has been reached by a Visa Officer.
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 (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 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.
350. Deputy Bernard J. Durkan asked the Minister for Justice the progress that has been made to date in the determination of requested and submitted documentation by a person (details supplied); when a decision is likely to issue; and if she will make a statement on the matter. [28631/22]
Amharc ar fhreagraAs previously advised to the Deputy, the Family Reunification Unit of my Department issued a letter to the person concerned on 26 April 2022 to allow them renew their registration with their local immigration office. They were advised to make the arrangements to complete their registration upon receipt of the letter.
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.
351. Deputy Neale Richmond asked the Minister for Justice the breakdown of legal aid payments for 2019, 2020 and 2021 by county; and if she will make a statement on the matter. [28668/22]
Amharc ar fhreagraAs the Deputy will be aware there are two categories of legal aid; civil legal aid and criminal legal aid.
The provision of civil legal aid in the State is delivered by the Legal Aid Board pursuant to the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017. The Board operates 30 full time law centres and a number of part time law centres in Ireland. The Board also provides mediation services to help separating couples to negotiate their own agreement.
The majority of the Board's income consists of a grant received from my Department. This funding is used to provide the Board's services in all of its offices across the country, as well as to support services provided to law centres centrally from the Board's Head Office.
I am informed by the Legal Aid Board that it is not possible to extract and isolate the total cost of civil legal aid in any one office/county in a given year as it would be necessary to devise a basis on which to attribute (to each county or to each individual law centre) all expenditure incurred by the Board centrally. Complexities may also arise at local level with regard to the delivery of civil legal aid, for example a client living in County Limerick may choose to apply to Ennis Law Centre. Also, in a case where two parties to a dispute seek the services of the Legal Aid Board at one law centre, one party will be required to engage with a different law centre, which may be in a neighbouring county.
However, to be of assistance to the Deputy, the funding provided to the Legal Aid Board by my Department for the years 2019-2021 is provided in the table below:
|
Year |
Funding |
|
2019 |
€40.8 million |
|
2020 |
€42.2 million |
|
2021 |
€44.6 million |
Regarding criminal legal aid, the Criminal Justice (Legal Aid) Act 1962, which is the primary legislation covering the operation of the Criminal Legal Aid Scheme, provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. Under the Constitution, the State is obliged to provide an accused person with the means to obtain appropriate legal representation.
Statistics for criminal legal aid are also not compiled in such a manner as to readily identify expenditure on a county by county basis .
Expenditure on criminal legal aid in each of the years 2019 to 2021 is set out in the table below:
|
Year |
Expenditure |
|
2019 |
€65.1 million |
|
2020 |
€62.2 million |
|
2021 |
€73.4 million |
352. Deputy Carol Nolan asked the Minister for Justice the status of her plans to support the roll-out of facial recognition technology; the analysis that her Department has conducted or has engaged others to conduct with respect to the ethical concerns around such technology; and if she will make a statement on the matter. [28705/22]
Amharc ar fhreagraJustice Plan 2022 commits to the publication of the Garda Síochána (Recording Devices) Bill, previously called the Garda Síochána (Digital Recordings) Bill. This important legislation will make provision for Garda powers to use modern digital technology including body worn cameras, Automatic Number Plate Recognition (ANPR) and CCTV.
As the Deputy may be aware, it is my intention to seek Cabinet approval to include measures to permit the use of facial recognition technology as Committee Stage amendments to the Bill.
My Department is in the process of drafting the amendments to give effect to these proposals. The amendments will set out precisely how the system will operate in practice, however it is important to say that they will be subject to appropriate safeguards and oversight. Further consultation is ongoing with stakeholders. My Department will continue to work with the Office of the Attorney General to complete this work. I will publish detailed proposals before Committee Stage of the Bill, which is expected to take place in the autumn.
It is important to state that this technology will be an assistive technology to Gardaí. It will not replace individual Garda decision making, but it will be used to support Gardaí in their investigations to search and process evidence.
Facial recognition will not be used for indiscriminate surveillance – it will be used in very clearly defined circumstances to help Gardaí search CCTV and video footage. Any decisions taken, based on the results of this technology, that could adversely affect a citizen’s rights, will be taken by a trained Garda staff member.
353. Deputy Bernard J. Durkan asked the Minister for Justice if the deportation order in the case of a person (details supplied) is ever likely to be revoked given that the tone of replies to parliamentary questions in the matter continues to remain identical with particular reference to the fact that the person should leave the country when in fact, they have been out of this country before the deportation order was made; if the application can be dealt with by an alternative officer in the event of a further application; and if she will make a statement on the matter. [28769/22]
Amharc ar fhreagraThe person referred to by the Deputy is the subject of a Deportation Order made on 20 June 2002. Representations were received on their behalf 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.
As previously advised, the person concerned can submit further representations requesting that the Deportation Order be revoked, pursuant to Section 3(11) of the Immigration Act 1999 (as amended). However, any application would require substantial grounds to be successful. To date, no such further representations have been received on this case, and consequently the Deportation Order remains valid and in place.
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 (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 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.
354. Deputy Bernard J. Durkan asked the Minister for Justice if and when citizenship will be granted in the case of a person (details supplied) who has graduated from primary and second level and is about to graduate from third level and whose parent will become an Irish citizen on 20 June 2022, and who are themselves anxious to obtain citizenship for work purposes and has lived here since they were three years of age; and if she will make a statement on the matter. [28770/22]
Amharc ar fhreagraThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed in line with the eligibility criteria as set out under the Irish Naturalisation and Citizenship Act 1956, as amended. Each application is assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
Applicants are required to have five years reckonable residence in the state prior to making an application, except for spouses of Irish nationals where the requirement is three years. In both cases, the final 12 months must be continuous residence in the State with up to 6 weeks allowed to facilitate foreign travel for business, family or holiday purposes.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.
355. Deputy Bernard J. Durkan asked the Minister for Justice when the issuance of an updated Stamp 4 will be granted in the case of the children of a person (details supplied); if their family might be favourably considered for naturalisation given the precarious nature of their position; and if she will make a statement on the matter. [28772/22]
Amharc ar fhreagraAs the Deputy will be aware, registrations for people living outside of the Dublin area are processed by the Garda National Immigration Bureau (GNIB) through the Garda Station network.
It is open to the persons concerned to contact their local Immigration Office.
From the details provided by the Deputy, one of the dependent children would appear to be aged 14 years and, consequently, there is no requirement to register their permission at this time as they are under the age of 16 years. Once a non EEA national reaches 16 years of age while resident in the State, they are required to attend at their local immigration office to register their permission and to receive an Irish Residence Permit (IRP) card in their own right.
The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed in line with the eligibility criteria as set out under the Irish Naturalisation and Citizenship Act 1956, as amended. Each application is assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
Applicants are required to have five years reckonable residence in the state prior to making an application, except for spouses of Irish nationals where the requirement is three years. In both cases, the final 12 months must be continuous residence in the State with up to 6 weeks allowed to facilitate foreign travel for business, family or holiday purposes.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.
356. Deputy Seán Canney asked the Minister for Justice if she will consider introducing a complaints process and an appeals mechanism in relation to the Coroner’s Court; and if she will make a statement on the matter. [28780/22]
Amharc ar fhreagraCoroners are independent quasi-judicial officials whose function under the Coroners Acts 1962-2020 is to investigate sudden and unexplained deaths so that a death certificate can issue.
My Department has no role in directing the work of coroners during their death investigation, which may culminate in an inquest.
Coroners endeavour, as far as possible, to show great sensitivities towards bereaved families and to accommodate their concerns. However, coroners must also have regard to the statutory requirements involved and the interests of other parties at an inquest.
The Deputy's suggestion regarding possible complaints and appeals procedures can be considered further during the review of the coroner service currently underway in my Department, as committed to in my Justice Plan 2022.
The Deputy may be interested to know that the Irish Human Rights and Equality Commission recently published “Information on the Rights of Families at Inquest", which provides guidance to bereaved families in their engagement with the death investigation process conducted by a coroner. It can be found on their website at:
www.ihrec.ie/app/uploads/2022/05/Information-on-the-Rights-of-Families-at-Inquests-web.pdf.
357. Deputy Gary Gannon asked the Minister for Justice if marriages of Irish citizens in Utah, USA, are recognised in Ireland in cases in which the ceremonies have taken place virtually; and if not, the reason given that these marriages are entered on the country’s civil register and all legal formalities have been followed. [28798/22]
Amharc ar fhreagra358. Deputy Gary Gannon asked the Minister for Justice if a marriage licence between persons (details supplied) will be reviewed given that the couple followed all legal formalities and that their marriage is on the civil register in the United States where they married; and if she will make a statement on the matter. [28799/22]
Amharc ar fhreagraI propose to take Questions Nos. 357 and 358 together.
I can inform the Deputy, that the person referred to attended my Department's Registration Office on 26 May 2022, and was advised that the office was unable to register their permission at that time due to a query regarding the marriage certificate.
The person was informed that they must submit an application to my Department's Residence Division Spouse Of an Irish National Unit (SOIN) for consideration in line with normal procedures in similar instances.
Information regarding making an application as the Spouse/Civil Partner of an Irish national is available on my Department's immigration website at: www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/spouse-civil-partner-of-irish-national-scheme/.
359. Deputy Michael Healy-Rae asked the Minister for Health if he will expedite an appointment for a child (details supplied); and if he will make a statement on the matter. [28713/22]
Amharc ar fhreagraI wish to advise the Deputy that, as this is a service issue, it would be inappropriate for me to comment. However, the Deputy's question has been forwarded to the HSE for direct reply.
360. Deputy Bernard J. Durkan asked the Minister for Health the extent to which he has identified particular areas of deficiencies in services for children with disabilities; the action that is being taken to address the issue; and if he will make a statement on the matter. [28742/22]
Amharc ar fhreagra361. Deputy Bernard J. Durkan asked the Minister for Health the extent of any waiting list for children with special needs and disabilities requiring specific attention; and if he will make a statement on the matter. [28744/22]
Amharc ar fhreagra362. Deputy Bernard J. Durkan asked the Minister for Health when he expects to be in a position to address in full the needs of children with particular special needs who may be referred to waiting lists; if the matter is in hand and is being appropriately processed; and if he will make a statement on the matter. [28745/22]
Amharc ar fhreagra363. Deputy Bernard J. Durkan asked the Minister for Health when it is expected that children with special needs and disabilities on waiting lists are likely to be satisfactorily dealt with; and if he will make a statement on the matter. [28746/22]
Amharc ar fhreagraI propose to take Questions Nos. 360 to 363, inclusive, together.
As the Deputy's questions relate to service issues, they have been referred to the HSE for direct reply.
364. Deputy Sorca Clarke asked the Minister for Health the engagement that his Department has had with the relevant stakeholders in relation to the refugees arriving from Ukraine and the coordination of services, supports and resources which are presently being delivered in an ad-hoc manner by volunteers attempting to meet the needs of those fleeing the Russian invasion. [28546/22]
Amharc ar fhreagraIt is vital that we provide the best, holistic response to ensure the safety of, and provide support to, Ukrainian people arriving in Ireland as a result of the conflict in Ukraine.
It is a priority for the Department and the HSE to ensure that Ukrainian refugees are provided with appropriate health and social care services.
The Senior Officials Group(SOG) meets weekly to coordinate the government response to the Ukrainian Refugees including the provision of healthcare services.
A Stakeholder Group is being expanded to improve representation with the inclusion of additional civil society groups, departments and Tusla.
Work is underway to analyse forecasting scenarios. Forecasting arrivals is challenging as it is dependent upon many factors including the evolving situation in Ukraine and policy decisions by other closer countries.
A cross-departmental Daily Situation Report has been developed which includes information on take up of Medical Cards, etc.
A Data Subgroup of the SOG is developing a geo-coded analysis of accommodation capacity and availability of public services including health services.
The responsibility of providing accommodation for refugees rests with the Department of Children, Equality, Disability, Integration and Youth. The Department of Health and the HSE have submitted a list of potential properties to the Department of Housing, Local Government and Heritage, which is currently carrying out a review of medium to long-term housing options with regard to refugees.
Community Response Forums have been established in every local authority, chaired by the Chief Executive, to coordinate the community-led response in the provision of assistance and support to Ukrainian refugees as they are accommodated around the country. Through the efforts of local volunteers, community workers, public bodies and private sector contributions many recent arrivals are being supported with basic needs including access to healthcare.
A health service support model had been operational at Dublin Airport since the beginning of the crisis and includes the provision of generic health information, Covid safety packs, support with medical card queries, and the following core health supports:
- Immediate medical assessment / provision of prescriptions for existing conditions.
- Management of minor ailments and first aid requirements.
- Identification of immediate complex health issues which require pathways into secondary acute or community services (e.g. cancer and disability services).
From 23 May 2022, Citywest Convention Centre is functioning as the National Interagency Accommodation Transit and Processing Centre for those displaced by the war in Ukraine entering via Dublin Airport and Port. Accounting for approx. 85% of all arrivals. Services have ceased at Dublin Airport and the HSE will expand the service currently being delivered in Citywest to include supporting the completion of an individual health questionnaire/check by those transiting through the centre to identify health conditions which require ongoing therapeutic or medical intervention.
The HSE has established a number of dedicated workstreams underpinning its national coordination efforts, including one which focuses on ‘Disability Services’. This is chaired by the HSE Disability Specialist for Quality Improvement and meets weekly to provide updates from the National Coordination Group, identify challenges that organisations or CHOs are dealing with and develop solutions.
The HSE National Disability Operations Office is working with the Community Health Organisations, its funded disability service providers, and representative bodies, to manage and co-ordinate appropriate responses for children and adults with disabilities.
HSE Disability Specialist for Quality Improvement meets with the Heads of Disability Services in each of the Community Health Organisation Areas weekly to ensure that a pathway for disability screening and assessment as Ukrainians arrive into Ireland is being undertaken – Ukrainians are then placed on the normal referral pathways for Children’s Disability Network Teams, Primary Care Occupational Therapy for equipment, Child and Adolescent Mental Health Services, and Day Services.
The HSE’s National Disability Operations are also coordinating the disability health response in conjunction with Disability Umbrella Groups and DCEDIY.
An Information Pack is being finalised for families with disabilities and this will be available on www.hse.ie/ukraine under “Disabilities” – this information pack sign posts people with families to supports and services available to them.
365. Deputy Richard O'Donoghue asked the Minister for Health when the issue of the average waiting time in the emergency department of University Hospital Limerick will be addressed, in view of the fact that the University Hospital Limerick emergency department average waiting time is one of the highest in the country; and if he will make a statement on the matter. [28556/22]
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.
366. Deputy Carol Nolan asked the Minister for Health the allocations for counties Laois and Offaly contained in the HSE Capital Plan 2022; if he will address concerns that there is a major disparity in the funding allocated to County Offaly in comparison to other midlands counties; and if he will make a statement on the matter. [28560/22]
Amharc ar fhreagraThe 2022 Capital Plan reiterates the government's commitment to investing in our health and social care services. Health capital funding available for Building and Infrastructure in 2022 is €1.02 billion, an increase of 4% on 2021. This investment will enable the HSE to progress projects in 2022 at National and Regional level, including government priority programmes and major capital projects as well as investment in primary and community care settings.
The number of projects competing for inclusion in the capital plan each year invariably exceeds the funding available. It is therefore necessary to carry out a prioritisation exercise to ensure that optimum value is achieved from the available capital budget while also progressing health policies and strategies.
Capital projects funded in Laois and Offaly in 2022 are set out in the Appendices of the plan and are set out in the attached document.
I and officials in my Department will be working closely with the HSE in the implementation of the plan and these important projects.
