Written Answers Nos. 135-155
135. Deputy Catherine Murphy asked the Minister for Justice further to Parliamentary Question No. 166 of 22 June 2022, if the issues that are under ongoing examination within her Department are being developed to the degree that the heads of legislation will be produced; the timeline for same; and if she has consulted with any groups outside of her Department on same. [34639/22]
Amharc ar fhreagraAt the outset, I want to record my sympathy for all those affected by issues arising from CervicalCheck. I have previously met with the 221+ Patient Support Groups and they explained their concerns to me in relation to a number of matters, including issues raised by the Morrissey v HSE case relating to the Civil Liability Act 1961.
In the Morrissey v HSE case, the Supreme Court held that the dependents of a plaintiff who has brought an action for personal injury cannot, while the plaintiff is still alive, claim for the future loss of services which the plaintiff might have been expected to provide for his or her family. The Court stated that if the law in this area is to be changed, it would have to be done by way of legislation, rather than by an evolution in the case-law.
A personal injury action may be brought by an injured person, or a wrongful death action may be brought under section 48 of the Civil Liability Act 1961 by his or her dependents after his or her death, but it is not possible for both of these actions to be brought arising from the same wrongful act.
As I have stated previously, these issues, including issues relating to legislation, are under ongoing examination within my Department. Any proposals for legislation in this complex area of the law would require careful consideration and consultation.
136. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the position regarding the powers An Garda Síochána has in relation to dealing with illicit materials online; the links between An Garda Síochána and the major technology companies based in Ireland and their obligations to report illegal content; and if she will make a statement on the matter. [34787/22]
Amharc ar fhreagraI am committed to playing a leading role in the fight against online child sexual abuse material, particularly as Ireland is a hub for the tech industry and the European headquarters of most of the largest online service providers.
In February of last year, the Harassment, Harmful Communications and Related Offences Act (otherwise known as Coco's Law), came into force in Ireland. This law for the first time criminalises the sharing of intimate images without consent, regardless of the motivation for doing so. People convicted of this offence can face penalties of an unlimited fine and/or up to 7 years imprisonment.
To make it easier for victims to report and have this illegal content removed, my Department, along with An Garda Síochána, established a partnership with Hotline.ie to create an online reporting facility for intimate images shared without consent. This enables victims of intimate image abuse (IIA) to report it to Hotline.ie and request the assistance of Hotline.ie who will engage with the relevant service provider to seek the removal of the illegal content reported. At the same time, if a victim requests, Hotline.ie will pass all relevant information to the Gardaí so that a thorough criminal investigation can be conducted with a view to prosecuting offenders. It is of course open to a victim to report directly to An Garda Síochána if they choose.
While there is presently no specific legislation in this jurisdiction compelling service providers to report illicit content, I am informed by the Garda authorities that many do so voluntarily, particularly service providers with headquarters in the United States of America who report via the National Center for Missing and Exploited Children (NCMEC) based in Washington. However, there are also certain service providers who do not engage with and do not respond to law enforcement requests.
The Deputy may also be aware of the European Commission’s new proposal, published last month, on tackling child sexual abuse online. This draft Regulation sets out comprehensive new requirements on online companies to assess and mitigate the extent to which their platforms are being misused for the purposes of child sexual abuse, both in terms of hosting material and the exploitation by abusers of their services for the purposes of grooming children. The Regulation will introduce provisions requiring companies to detect and report such material. It will also create a new EU Centre to coordinate the efforts of law enforcement agencies across the Union in tackling online child sexual abuse. I expressed my strong support for this new proposal to the European Commissioner for Home Affairs, Ylva Johansson, at the recent WeProtect Global Alliance summit on child sexual abuse in Brussels.
An Garda Síochána works in close cooperation with other international police services and agencies in the prevention and detection of illegal content online, where those activities identify suspects based in Ireland. Additionally, An Garda Síochána are working with Internet Service Providers to examine and put in place operational URL blocking initiatives. Once operational, it is envisioned that these initiatives will deter potential offenders from accessing child sexual abuse material (CSAM).
As the Deputy maybe aware, Ireland ratified the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (known as the "Lanzarote Convention") on 21 December 2020. The Convention entered into force in relation to Ireland on 1 April 2021. Part 2 of the Criminal Justice (Sexual Offences) Act 2017 which strengthens the law relating to the sexual exploitation of children, including child pornography, and criminalises the use of information and communication technology to facilitate such exploitation, ensures the State’s full compliance with criminal law provisions in the Convention.
In the context of the Deputy’s question, it is important to acknowledge the work of my colleague, Minister Catherine Martin, T.D., who has recently published and initiated in Seanad Éireann, the Online Safety and Media Regulation Bill. The Bill will establish a Media Commission to replace the Broadcasting Authority of Ireland and provide for the appointment of an Online Safety Commissioner who will oversee the establishment of a regulatory framework for online safety.
Under the framework, the Online Safety Commissioner will devise online safety codes requiring certain designated online services to operate appropriate systems and processes to minimise the availability of some of the most serious forms of harmful online content. Such content will include certain criminal material, including a number of relevant offences from the Criminal Law (Sexual Offences) Act 2017, Harassment, Harmful Communications and Related Offences Act 2020 and the Non-Fatal Offences against the Person Act 1997. It has also been agreed between my Department and Minister Martin's Department that the Media Commission will have a role in respect of certain regulatory functions arising from the EU Terrorist Content Online Regulation.
137. Deputy Róisín Shortall asked the Minister for Justice if she will report on the number of wardship applications made by the HSE in each of the five years up to 2022; and if she will make a statement on the matter. [34806/22]
Amharc ar fhreagraManagement of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.
The High Court has jurisdiction in wards of court matters and management of the courts is the responsibility of the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.
138. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the names of the members of the section 44 committee that was put in place to monitor the effectiveness of the Garda youth diversion programme; and if she will make a statement on the matter. [34840/22]
Amharc ar fhreagraThe statutory Garda Youth Diversion Programme is provided for in Part IV of the Children Act 2001 (as amended). The objective of the Programme is to divert any child who accepts responsibility for his or her criminal or anti-social behaviour from committing further offences or engaging in further anti-social behaviour.
The Programme is carried on and managed, under the general superintendence and control of the Commissioner of the Garda Síochána, by a member of the Garda Síochána not below the rank of superintendent who is referred to as the Director of the Programme. As such, neither I nor Minister McEntee play any role in the operation of the Programme.
Section 44 (1) of the Act provides that the Minister shall appoint a committee to monitor the effectiveness of the Programme, review all aspects of its operation and monitor the ongoing training needs of facilitators. Section 44 (2) lays out the membership of this committee as a chairperson, who must be an Assistant Commissioner of An Garda Síochána, and three other members. Of the three other members, one must be a Chief Superintendent of An Garda Síochána and the other two members must not be members of An Garda Síochána.
The current committee members as appointed by the Minister in October 2020 are:
- Assistant Commissioner Paula Hillman,
- Chief Superintendent Collette Quinn,
- Professor Sean Redmond, University of Limerick,
- Ms Salome Mbugua, Akina Dada wa Africa (AkiDwA).
139. Deputy Darren O'Rourke asked the Minister for Justice further to the Topical Issue debate of 15 February 2022 (details supplied) when a Garda serious crime review will be conducted and concluded; and if she will make a statement on the matter. [34994/22]
Amharc ar fhreagraI have contacted the Garda authorities for the information requested by the Deputy, however this information was not available in time. I will write to the Deputy once this information is to hand.
140. Deputy Niamh Smyth asked the Minister for Health the status of a planned project (details supplied); and if he will make a statement on the matter. [34614/22]
Amharc ar fhreagraAs this PQ refers to service matters, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
141. Deputy Pauline Tully asked the Minister for Health if the HSE seeks a legal opinion prior to changing the assessment of need process to incorporate the preliminary team assessment; if so, the cost of this legal opinion; if not, the reason no legal opinion was sought; and if he will make a statement on the matter. [34604/22]
Amharc ar fhreagra146. Deputy Pauline Tully asked the Minister for Health if it is the intention of the HSE to make further changes to the assessment of need process; if so, the way that the HSE can ensure that any changes do not intentionally or unintentionally circumvent the judgment of a person (details supplied) in relation to a case; and if he will make a statement on the matter. [34609/22]
Amharc ar fhreagraI propose to take Questions Nos. 141 and 146 together.
As these are service matters, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
142. Deputy Pauline Tully asked the Minister for Health the organisations that were consulted during the process to introduce the standard operating procedure preliminary team assessment; the schedule of meetings that took place to deliberate the introduction of the standard operating procedure and preliminary team assessment; the organisations that were involved in these deliberations that were in support of the introduction of the preliminary team assessment; the organisations involved in these deliberations that voiced opposition to the introduction of the preliminary team assessment; and if he will make a statement on the matter. [34605/22]
Amharc ar fhreagra144. Deputy Pauline Tully asked the Minister for Health further to Parliamentary Question No. 723 of 31 May 2022, the members of the group that was established to develop a revised approach to assessment of need under the Disability Act 2005; if the same persons who compiled the preliminary team assessment model are also members of the group established to develop a revised approach to assessment of need under the Disability Act 2005 who is tasked with making the appointments to this review group; and if he will make a statement on the matter. [34607/22]
Amharc ar fhreagra145. Deputy Pauline Tully asked the Minister for Health further to Parliamentary Question No. 723 of 31 May 2022, the terms of reference of the group that was established to develop a revised approach to assessment of need under the Disability Act 2005; the person or body that set out the terms of reference of this review group; if the terms of reference are in the public domain; if so, the location in which the terms of reference can be found. [34608/22]
Amharc ar fhreagraI propose to take Questions Nos. 142, 144 and 145 together.
As the issues raised in the Deputy's questions relate to service issues, they have been referred to the HSE for direct reply.
143. Deputy Pauline Tully asked the Minister for Health the total number of hours spent by therapists in children’s disability network teams undertaking preliminary team assessments since its inception; the number of hours that will now need to be spent by therapists to undertake assessments compliant with the Disability Act 2005 for all the children who underwent a preliminary team assessment; and if he will make a statement on the matter. [34606/22]
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.
147. Deputy Pauline Tully asked the Minister for Health if he plans to review or seek changes to the Disability Act 2005; and if he will make a statement on the matter. [34610/22]
Amharc ar fhreagraI wish to advise the Deputy that there are currently no plans to review the Disability Act.
However, the Department does keep its legislative programme under ongoing review.
In the context of improving services, the Department of Health is currently working with the HSE in order to bolster the capacity of the respective Children's Disability Network Teams throughout the country, in order to provide both Assessments of Need and quicker access to therapy supports than are currently available.
In this regard, HSE recruitment for therapy posts continues and there is ongoing engagement with the Heads of Disability Services across the nine CHOs to review service provision. In parallel, detailed discussions are ongoing with relevant stakeholders and representative groups in relation to a revised approach to the Assessment of Need, one which seeks to be both legally compliant and ensure a timely pathway to therapeutic interventions.
149. Deputy Niamh Smyth asked the Minister for Health the status of a facility (details supplied); when the residents will be moved from the facility; and if he will make a statement on the matter. [34620/22]
Amharc ar fhreagraAs the question relates to a service matter, I am referring the question to the HSE for direct reply to the Deputy as soon as possible.
150. Deputy Pádraig Mac Lochlainn asked the Minister for Health the reason for the delay in processing a discretionary medical card for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [34621/22]
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.
151. Deputy Niamh Smyth asked the Minister for Health the status of the plans of works in relation to the €1 million funding for the development of specialist palliative care inpatient units in County Cavan that was announced by his Department in December 2021; and if he will make a statement on the matter. [34622/22]
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.
152. Deputy Niamh Smyth asked the Minister for Health if he will review the case of a person (details supplied); and if he will make a statement on the matter. [34632/22]
Amharc ar fhreagraAs the question relates to a service matter, I am referring the question to the HSE for direct reply to the Deputy as soon as possible.
153. Deputy Denis Naughten asked the Minister for Health if he has plans for the development of a new acute adult mental health unit to replace the existing unit at Roscommon University Hospital; and if he will make a statement on the matter. [34636/22]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
154. Deputy Róisín Shortall asked the Minister for Health the number of persons on a waiting list for speech and language therapy, by CHO, age category and time waiting, in tabular form. [34642/22]
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.
155. Deputy Róisín Shortall asked the Minister for Health the number of persons on a waiting list for physiotherapy, by CHO, age category and time waiting, in tabular form. [34643/22]
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.
