Written Answers Nos. 133-152
134. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the details of the independent living skills units currently available across the prison estate; and if he will make a statement on the matter. [7453/23]
Amharc ar fhreagra135. Deputy Aodhán Ó Ríordáin asked the Minister for Justice if he has plans to review the operation of independent living skills units and to further develop these units across the prison estate; and if he will make a statement on the matter. [7454/23]
Amharc ar fhreagraI propose to take Questions Nos. 134 and 135 together.
I am advised by the Irish Prison Service that the independent living skills unit was opened in Wheatfield Prison in late 2016. The purpose of the unit is to assist prisoners serving long sentences to develop clear and realistic goals in the context of successful sentence progression. The unit replicates community living in so far as is possible within a closed prison environment and encourages prisoners to take responsibility for their own positive sentence management.
Laundry facilities and communal dining are available in the Unit. In-cell phones are available to maintain family relationships with some degree of privacy. The Unit is unlocked at present from 8.00am to 7.30pm and prisoners are responsible for the preparation and cooking of meals at weekends. Once per week the Unit Officer and a prisoner go to a local supermarket to purchase the agreed supplies for the weekend meals.
The Prison Service further informs me that there are currently no plans to review the operation of independent living skills unit or to further develop these units across the prison estate.
In addition to the independent living skills unit, the Deputy may be aware, the Irish Prison Service operates two low-security Open Centres, one at Loughan House, Cavan and one at Shelton Abbey, Wicklow. Open Centres and lower-level security settings are vital tools in the re-integration and rehabilitation of prisoners as they encourage an ethos of independent living and offer a transition between custody and community/family life.
There are also three low security accommodation units; the Progression Unit located on the Mountjoy Prison campus, and the Grove and Harristown House located at Castlerea Prison.
The Progression Unit operates a lower security regime and has a strong focus on rehabilitation and reintegration.
The Grove area consists of separate houses where prisoners live in a domestic type environment which is distinct from the main prison in Castlerea. While the regime there is more liberal than in the main prison, for example, prisoners have free movement within the unit, it remains within the main perimeter wall, is covered by CCTV and prison staff maintain control and supervise the area at all times. Harristown House is located on the grounds of Castlerea Prison but is outside of the main perimeter wall. Prisoners are approved Reviewable Temporary Release to Harristown House to access training/education programmes as deemed suitable by the Irish Prison Service.
136. Deputy Catherine Murphy asked the Minister for Justice his plans for the Office of the Inspector of Prisons to reassess operational maximum capacity levels and safe custody levels in all prisons based on applicable human rights frameworks; and if he will make a statement on the matter. [7456/23]
Amharc ar fhreagraThe Office of the Inspector of Prisons is a statutory body, set up under the Prisons Act 2007. In accordance with section 30 of the Prisons Act the Inspector of Prisons is independent in the performance of their functions. The Inspector's key role is to carry out regular inspections of prisons and I can advise the Deputy that I have spoken directly to the Inspector of Prisons about his concerns relating to overcrowding in prisons.
As the Deputy will also be aware, the Prison Service must accept all prisoners committed by the Courts. As such the Irish Prison Service has no control over the numbers committed to custody at any given time, and the prison system is, of course, subject to peaks and troughs.
Where the number of prisoners exceeds the maximum capacity in any prison, Irish Prison Service officials make every effort to deal with this through a combination of inter-prison transfers and structured Temporary Release. Decisions in relation to temporary release are considered on a case by case basis and the safety of the public is paramount when those decisions are made.
Further, I can advise the Deputy that my Department continues to work closely with the Director General of the Irish Prison Service to identify what steps need to be taken to maintain a safe working environment for staff and the safety and security of people in custody.
The Government has provided significant capital funding to the Irish Prison Service in order to enhance the existing prison infrastructure. The commissioning of a new male and female prison accommodation in Limerick Prison will provide an additional 90 male spaces and 22 additional female cell spaces. This new male accommodation is now partially open and the female accommodation is expected to become operational in the first quarter of 2023 subject to the necessary staff resources.
The Programme for Government 2020 contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society, with a specific commitment to review policy options for prison and penal reform. In respect of delivering on this commitment, the Government recently approved the Review of Policy Options for Prison and Penal Reform 2022-2024.
This review seeks to find the balance between ensuring that people who commit serious crimes receive a punishment and a period of incarceration proportionate to that crime, while at the same time acknowledging that sometimes community based sanctions are more appropriate in diverting offenders away from future criminal activity.
In addition to delivering the recommendations of the Review of Policy Options for Prison and Penal Reform, the need to ensure the continued availability of modern prison facilities with adequate capacity will continue to be central to the work of the Irish Prison Service and will be core to the development of the new Irish Prison Service Capital Plan.
137. Deputy Catherine Murphy asked the Minister for Justice the steps he is taking to review prisoner gratuity levels, given the increase in the cost-of-living; and if he will make a statement on the matter. [7457/23]
Amharc ar fhreagraI am advised by the Irish Prison Service that the Incentivised Regimes policy provides for a differentiation of privileges between prisoners according to their level of engagement with services and behaviour. The objective is to provide tangible incentives to those in prison to participate in constructive activities and to encourage good behaviour, leading to a safer and more secure environment. I am informed that the list of additional privileges varies between prisons and within different areas of a prison, depending on operational and infrastructure requirements.
I am also advised that three different regime levels are provided for and that the daily gratuity payable varies according to the regime level, as follows: basic €0.95, standard €1.70, and enhanced €2.20. I understand that those on remand are treated in the same way as those who have been sentenced for the purposes of the Incentivised Regimes policy.
The Deputy may also be interested to note that people in prison may avail of further gratuities under the approved working gratuity scheme. The daily amount of the approved work gratuity is fixed for all prisons/institutions at 50 cent per session with a maximum of €3.50 per week for work training activities, such as work in kitchens, laundry, industrial cleaning, grounds maintenance, industrial waste management, painting and stores.
The Incentivised Regimes policy was subject to a national review which concluded in September 2020. One of the recommendations from the review was that consideration be given to an increase in the level of gratuity awarded under the Incentivised Regimes Policy, subject to resource availability. Consideration of this is undertaken as part of the overall estimates process.
I am further advised that to assist in alleviating the cost of tuck shop items for prisoners, a decision was taken by the Prison Service to change sales prices for all non-tobacco products from 1 February 2021. Tuck shop items are now for sale at cost price (plus 5%), with the exception of tobacco which remains at the Recommended Retail Price as its sale is subject to conditions set down by the Revenue Commissioners.
I am also advised by the Prison Service that the Prisoner Initiatives Development Fund (PIDF) was established in July 2021 and provides a means for specific additional prisoner-directed services or programmes, one-off developmental events, or small-scale investment in equipment. In 2022, successful initiatives that received funding from the PIDF helped to deliver on strategic goals and objectives for prisoner rehabilitation, prisoner development, education or training.
138. Deputy Catherine Murphy asked the Minister for Justice the status of the establishment and roll-out of a new prison complaints system; and if he will make a statement on the matter. [7458/23]
Amharc ar fhreagra140. Deputy Catherine Murphy asked the Minister for Justice the status of plans for the Office of the Ombudsman to receive and deal with complaint appeals from people in prison; and if he will make a statement on the matter. [7460/23]
Amharc ar fhreagraI propose to take Questions Nos. 138 and 140 together.
My Department has been working with the Irish Prison Service and the Attorney General’s Office to amend the Prison Rules 2007 to simplify the prisoner complaints system and provide for review by the Ombudsman. Drafting of the Regulations is at an advanced stage. Once finalised, the Irish Prison Service will update the IT system, the training manual, the policy and staff guidelines, and the prisoner information media to support and explain the new procedures, and staff training will be undertaken. It is estimated that the work to implement the new regulations will take roughly 16-18 weeks to complete once the text of the Statutory Instrument has been finalised.
Following consultation with the Ombudsman, it was agreed that under the revised complaints system, the role of the Ombudsman will become operational once the new complaints system has been established and has bedded down. This approach will allow for any issues that arise with the general operation of the complaints system to be accounted for in the implementation of the Ombudsman’s role.
139. Deputy Catherine Murphy asked the Minister for Justice the number of category A complaints received in 2021 and 2022 that were upheld, not upheld, not proven, terminated or incomplete, respectively, in tabular form; and if he will make a statement on the matter. [7459/23]
Amharc ar fhreagraI can advise the Deputy that all prisoners may make a complaint at any time and that the Irish Prison Service treats all complaints with the utmost seriousness.
‘Category A’ complaints are those alleging assault or use of excessive force against a prisoner, ill-treatment, racial abuse, discrimination, intimidation, threats or any other conduct against a prisoner of a nature and gravity likely to bring discredit on the Irish Prison Service. The Irish Prison Service has a dedicated Prisoner Complaints Unit that coordinates the complaints mechanism and ensures confidentiality.
I am advised that ‘Category A’ complaints are assigned for investigation to independent investigators outside of the Irish Prison Service. I am further advised that prior to COVID-19 restrictions, the majority of complaints were completed within 3 to 6 months from the date of the complaint. Investigators are required to conduct face-to-face interviews and take signed statements from all parties to the complaint. The time-frame for completion of investigations was compromised during COVID-19 restrictions which prevented physical access to prisons. Due to the backlog caused by COVID-19 and the depletion in the number of Investigators available, investigations into Category A complaints are currently taking an average of 10 months to complete. The Irish Prison Service advise that they are actively examining opportunities to attract additional investigators to improve that timeframe.
The information requested by the Deputy, in relation to the outcome of the independently investigate Category A complaints for 2021 and 2022, is set out in the table below.
|
Year |
2021 |
|
Number of Cat A Complaints |
84 |
|
Breakdown |
|
|
Withdrawn |
7 |
|
Outside Scope |
8 |
|
Upheld |
0 |
|
Part Upheld |
3 |
|
Not upheld |
58 |
|
Unable to determine |
5 |
|
Incomplete |
3 |
|
Year |
2022 |
|
Number of Cat A Complaints |
68 |
|
Breakdown |
|
|
Withdrawn |
2 |
|
Outside Scope |
3 |
|
Upheld |
1 |
|
Part Upheld |
11 |
|
Not upheld |
0 |
|
Unable to determine |
0 |
|
Incomplete |
51 |
141. Deputy Catherine Murphy asked the Minister for Justice the amount of funding and the heading under which it was granted to organisations (details supplied) in 2021, 2022 and to date in 2023, in tabular form. [7540/23]
Amharc ar fhreagraI wish to advise the Deputy that no funding was granted to the organisations in question in the years 2021, 2022 and to date in 2023.
142. Deputy Robert Troy asked the Minister for Justice the status of the progression of the naturalisation process for a person (details supplied); and if he will make a statement on the matter. [7570/23]
Amharc ar fhreagraThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department, with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. It will be submitted to me for decision in due course.
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.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, 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.
Applications are processed in chronological order by date received. The median processing time for applications now currently stands at 19 months. I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.
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.
143. Deputy Alan Dillon asked the Minister for Justice the number of officers from inspectors to commissioners that are allocated to Templemore, Training College, their job description (purpose of being allocated to the college); and if he will make a statement on the matter. [7580/23]
Amharc ar fhreagraThe following deferred reply was received under Standing Order 51
As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including responsibility for the recruitment, training and deployment of Garda members. As Minister, I have no role in these matters. I am however assured that the Commissioner keeps the allocation of these resources under continued review, in line with crime and population trends, to ensure their optimum use.
I am informed by the Garda authorities that the Chief Superintendent in charge holds the organisational title of “Director of Training and Continuous Professional Development”. The Chief Superintendent is supported in this role by 3 Superintendents who oversee their respective and separate organisational training areas. Each Superintendent is supported by two Inspectors who also have an organisational remit.
For your information, the attached Garda College organogram, which has been provided to me by the Garda authorities, sets out the information you have requested.
This document has been approved by the Garda Commissioner, Garda Executive, Department of Justice and Policing Authority.
I have contacted An Garda Síochána for the information requested by the Deputy. Regrettably this information was not available in time and I will write to the Deputy again once the information is to hand.
144. Deputy Mark Ward asked the Minister for Justice the laws and penalties that are in place for persons who is convicted of spiking another person with a drug or substance without the persons knowledge [7582/23]
Amharc ar fhreagra145. Deputy Mark Ward asked the Minister for Justice the details of the number of reports to the gardaí of incidences of spiking another person with a drug or substance without the persons knowledge for each of the past three years; and if he will make a statement on the matter. [7583/23]
Amharc ar fhreagraI propose to take Questions Nos. 144 and 145 together.
Spiking a person’s drink or spiking someone by injection are very serious offences. These offences are, in effect, poisoning, and are criminal offences under the Non-Fatal Offences Against the Person Act 1997 that can result in a three-year prison term.
I can assure the Deputy that any incident of this type of crime, including those with evidence to suggest a link with ‘spiking’, will be investigated by either local Gardaí supported by, or attached to, Divisional Protective Services Units.
As the Deputy will appreciate, under the Garda Síochána Act 2005, as amended, the Garda Commissioner is responsible for the management and administration of Garda business, including the direction of investigation priorities and the management of the PULSE system. As Minister, I play no role in these independent policing functions.
I am advised by the Garda authorities of the following number of crime incidents reported to An Garda Síochána between 1 January 2020 and 31 December 2022, in which the injured party claimed to have been ‘spiked’:
|
Year Reported |
No. Incidents |
|
2020 |
12 |
|
2021 |
62 |
|
2022 |
106 |
I am further advised by Gardaí that the figures contained in the table above are based on data obtained from PULSE on 14 February 2023. I am also informed by Gardaí that crime counting rules were not applied to the data and all figures are operational and liable to change. I understand from An Garda Síochána that counts are based on the presence of key text within the incident narrative and claims made by the injured party only and do not consider incident type or the result of any toxicology testing in relation to the incident.
The Criminal Law (Sexual Offences) Act 2017 has been widely recognised as a landmark piece of legislation dealing with consent and exploitation in sexual activity. For the first time, the 2017 Act set out in statute what consent actually means, which is a free and voluntary agreement between people to engage in sexual activity.
The 2017 Act amended the Criminal Law (Rape) Amendment Act 1990 to set out certain circumstances where consent is impossible, such as when a person is asleep or unconscious, or if they are so drunk or intoxicated that they are in no position to consider the activity and make up their mind.
The commitment of this Government to combatting domestic, sexual and gender based violence (DSGBV) and to supporting victims is reflected in the record additional €9m, or 22% increase in funding in Budget 2023. We are committed to implementing in full the commitments set out in Zero Tolerance – Third National DSGBV Strategy. An important part of this work will be on raising awareness of many DSGBV issues.
My Department is developing a number of campaigns on various DSGBV-related topics as part of the prevention and protection pillars of the new Strategy. This year, we will launch two major national campaigns, one to challenge societal attitudes and another to showcase the pathways to safety available to victims of DSGBV.
We are also working with the Dublin Rape Crisis Centre on developing messaging to inform a campaign to help create a shared understanding of the meaning and importance of consent in all sexual relationships, which is a topic of huge significance across a range of areas, including in education. Additionally, we will also launch new phases of our Intimate Image Abuse campaign and Victims of Crime awareness campaigns.
An information campaign to raise awareness of the signs of drink ‘spiking’ and to provide guidance on how to help potential victims was launched by the Government and the Union of Students of Ireland in December 2021. The initiative featured on various social media platforms and provided public information on spiking; for example, what exactly spiking is, what signs to look out for, and what to do if you think you or a friend have been targeted. It also spelled out to perpetrators or potential perpetrators that spiking is a very serious offence.
I would urge anyone who may have been a victim or witness to an assault or sexual assault to report it to the Gardaí.
146. Deputy Cathal Crowe asked the Minister for Justice if he intends to amend any aspects of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 to ensure that maintenance orders are paid and that enforcement of non-payments is more effective; and if he will make a statement on the matter. [7617/23]
Amharc ar fhreagraAs the Deputy may be aware, on 16 November, Minister for Social Protection Heather Humphreys and Minister for Justice Helen McEntee published the Report of the Child Maintenance Review Group.
On foot of its recommendations, a number of very significant reforms of the social welfare system in this field have been introduced, which will be of great benefit to lone parents.
In particular, as a result of its recommendations, child maintenance payments will be disregarded in the means test for social welfare payments. Lone parents are a particularly vulnerable group and this measure will mean that many parents currently on reduced rates of payment will see their payments increase.
It will also mean that some additional lone parents will qualify for a payment. It is estimated that this measure will be of direct benefit to approximately 16,000 lone parents, amounting to approximately €10 million per year.
The "efforts to seek maintenance" requirement will also be removed from the one-parent family payment and jobseeker's transitional payment. This requirement often involves having to go to court. This change will remove an additional stress for lone parents and will help to reduce the burden on our courts system.
In relation to the issue of child maintenance within the courts generally, my Department will undertake a review of the enforcement of child maintenance orders as an action in the Family Justice Strategy. This review will examine the scope for reform including examining whether measures can be taken to enhance the enforcement process. This work is already underway and is due to be completed this year.The maintenance provisions of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 will be considered in that context.
147. Deputy Pa Daly asked the Minister for Justice the number of vacancies on each prison visiting committee in 2022; the number of visits each visiting committee made to their respective prisons during 2022; if he will provide information on the training received by visiting committee members during 2022; and if he will make a statement on the matter. [7720/23]
Amharc ar fhreagra148. Deputy Pa Daly asked the Minister for Justice if he will report on the progress on the review of prison visiting committees; if his Department intends publishing a summary report of the public consultation; if so, the timeline for same; and if he will make a statement on the matter. [7721/23]
Amharc ar fhreagraI propose to take Questions Nos. 147 and 148 together.
The Programme for Government commits to reviewing the existing functions, powers, appointment procedures, and reporting processes for Prison Visiting Committees. The Department of Justice undertook to complete this action under the Justice Strategy 2021-2023.
The function of Prison Visiting Committees is to visit, at frequent intervals, the prison to which they are appointed and hear any complaints which may be made to them by any prisoner. They report to the Minister for Justice any abuses observed or found by them in the prison and any repairs which they think may be urgently needed.
At present, the members of each of the Prison Visiting Committees of the twelve prisons/places of detention are appointed by the Minister for Justice under the Prison (Visiting Committees) Act 1925, as applied by section 4 of the Prisons Act 1970. Rules relating to the specific functions and operation of such Committees are set out in the Prisons (Visiting Committees) Order 1925, and the Prisons (Visiting Committees) Order 1972.
The review of Prison Visiting Committees is to examine their existing functions, powers, appointment procedures, and reporting processes. This review will look to ensure greater efficiency and transparency in the appointment, administration, and reporting of Prison Visiting Committees, enhance the members’ understanding of their roles and powers within the Prison Visiting Committees, and broaden knowledge and awareness of their function and availability amongst the prison population and community.
An online public consultation was opened in July 2022, and remained open for 6 weeks. Over 100 submissions were received from a range of stakeholders, including, but not limited to, current and former Prison Visiting Committees members and Chairs, Irish Prison Service staff and Governors, academics, current or former prisoners and their families, and civil society organisations.
Department of Justice officials were also invited to meet with the National Prison Visiting Committees Chairpersons Group for an in-person consultation on 8 August 2022. In August, Department officials also engaged with the Irish Prison Service to facilitate consultation with prisoners. Following this, the Department’s cross-functional team is now considering the outcomes of the consultation and preparing the report.
Given the independence of the Committees and their role in oversight of the prison system, the Chairs of the Visiting Committees organise regular training events for the Committees. These events generally take place twice a year and focus on human rights and other issues of general concern to such oversight. While this training is facilitated through the provision of facilities at the Prison Service Training College, the content and delivery of the training is set by the Committees themselves.
In relation to the number of visits each visiting committee made to their respective prisons during 2022, the Deputy may be aware that the Prison Visiting Committee Annual Reports up to 2020 are available on the Gov.ie website and the 2021 Annual Reports will be published there shortly. A number of the reports contain information on the number of visits undertaken, however to date it has not been general practice to do so. I have now asked for this information to be included, as standard, in all reports from 2022 on.
The information on the number of vacancies in each Prison Visiting Committees as of the 10th February, is set out in the table below.
|
Prison / Place of Detention |
Membership Vacancies |
|
Arbour Hill Prison |
0 |
|
Castlerea Prison |
0 |
|
Cloverhill Prison |
0 |
|
Cork Prison |
0 |
|
Dóchas Centre |
1 |
|
Limerick Prison |
0 |
|
Loughan House Open Centre |
1 |
|
Midlands Prison |
2 |
|
Mountjoy Prison |
0 |
|
Portlaoise Prison |
0 |
|
Shelton Abbey Open Centre |
1 |
|
Wheatfield Place of Detention |
0 |
149. Deputy Violet-Anne Wynne asked the Minister for Justice the number of discrimination cases taken and won over the past ten years, under each of the nine grounds as applicable, in tabular form; and if he will make a statement on the matter. [7745/23]
Amharc ar fhreagraA total of eleven cases were taken against my Department in the timeframe referenced under the Equality Acts. Of these cases, some were taken under more than one of the nine grounds. This information is set out in the below table.
|
Year |
Ground(s) for Discrimination |
|
2012 |
Gender & Disability |
|
2012 |
Gender & Age |
|
2012 |
Gender, Marital Status, Age, Race |
|
2013 |
Race |
|
2013 |
Family Status & Gender |
|
2014 |
Equal Status |
|
2015 |
Age |
|
2018 |
Gender |
|
2019 |
Age |
|
2020 |
Gender & Age |
|
2022 |
Gender |
Of the total cases, one judgement was in favour of the plaintiff and one judgement was in favour of the Department. Seven cases were either withdrawn by the plaintiff, out of jurisdiction or were outside of the statute of limitations.
As of February 15, 2023, two cases are ongoing. I hope the Deputy will appreciate that as these cases are sub judice, it would not be appropriate for me to comment further.
150. Deputy Bernard J. Durkan asked the Minister for Justice if he will report on his recent discussions with EU colleagues in regard to the European immigration crisis with particular reference to ensuring the integrity of the system. [7399/23]
Amharc ar fhreagraIreland, like other EU Member States, has seen an increase in applicants for International Protection from a broad range of countries since the resumption of international travel, which was interrupted during the pandemic. Several Member States have experienced increases in applications for international protection that are significantly higher than that experienced in Ireland.
Against the background, Ireland has been actively working with our EU partners to manage migration in Europe more effectively, and has consistently argued for this issue to be dealt by agreement across the EU.
A key focus for the discussions at EU level is the Pact on Migration and Asylum which was published on 23 September, 2020 and consists of a Communication put forward by the Commission and five new legislative proposals to replace or complement a number of 2016 proposals for a new Common European Asylum System.
The Pact sets out the Commission’s comprehensive new approach to migration bringing together policy in the areas of migration, asylum, integration and border management recognising that the overall effectiveness depends on progress on all fronts. This common response also incorporates the EU’s partnerships with third countries to address the root causes of irregular migration, combat migrant smuggling, assist refugees residing in third countries and to support an effective returns policy and well-managed legal migration.
At the most recent meeting of EU Ministers for Justice and Home Affairs in January, together with my Ministerial colleagues we discussed in particular the need for an efficient and well-functioning system for returns. In this context, Ministers stressed the importance of achieving more effective cooperation with countries of origin. Ministers also discussed the importance of ensuring effective whole-of-government approaches to meeting migratory challenges using a wide range of actions across all policy areas, including both the short and long term.
At a national level in Ireland, my Department continues to take all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of the immigration system is maintained at all times. The Government has committed additional funding of nearly €18m in 2023 that will also go towards increasing efficiency in processing applications, including by increasing staff numbers at the International Protection Office.
151. Deputy Catherine Murphy asked the Minister for Health if he will set out the rationale for the State Claims Agency to not routinely evaluate the adequacy of measures adopted by a data sharing agreement to counter identified risks in clinical settings in the context of the clinical indemnity scheme. [7480/23]
Amharc ar fhreagraI understand that the Deputy’s question derives from a recommendation made by the C&AG in its Report of the Accounts of the Public Services 2021. I would like to clarify that DSA, in this instance, stands for Delegated State Authority and not Data Sharing Agreement as referred to by the Deputy.
I have asked the State Claims Agency for their input to this response and they have outlined the rationale for the Agency’s approach as follows:
'The SCA issues advices based on its analysis of incidents and claims to the HSE and other DSAs, some of which are of a general nature and issued broadly and some of which are specific and targeted. It is impractical and not the best use of its resources to track implementation by DSAs of all these advices, although the SCA does seek reassurances from DSAs on the implementation of risk mitigation measures in specific instances. While the SCA may seek to evaluate the adequacy of such measures in particular cases, it would not be an effective use of its resources to seek to routinely carry out such reviews.
It is important to note that it is very difficult for the SCA to identify the impact of its activities on the incidence of clinical negligence claims, due to the difficulty in detecting a statistically significant trend in claims numbers and attributing any trend to activities undertaken by the SCA, given the multiple factors involved in activities to improve patient safety and mitigate risk.
With regard to improvement of accountability with DSAs, responsibility for managing risks and setting risk management priorities remains in all cases a matter for the DSA concerned and the SCA’s risk management role is an advisory one. In addition, healthcare DSAs are required to comply with the HSE’s National Incident Management framework, which includes requirements for reviews, recommendations and actions.'
152. Deputy Robert Troy asked the Minister for Health the process in writing by which pregnant women experiencing extreme nausea and vomiting can obtain cariban; the reason the drug not be prescribed by a GP on the DPS, given the majority of women do not see a consultant until after 12 weeks (details supplied); the current standard practice in other EU countries; the steps pregnant women should take to help with the extreme nausea and vomiting for the first 12 weeks or until the drug can be accessed; and the number of cariban prescriptions that have been processed through the DPS to date, in tabular form. [7452/23]
Amharc ar fhreagra158. Deputy Aengus Ó Snodaigh asked the Minister for Health the process by which pregnant women experiencing extreme nausea and vomiting can obtain the drug cariban; the reason cariban cannot be prescribed by a GP on the drugs payment scheme given that most women do not see a consultant until after 12 weeks; the steps pregnant women can take to help with the extreme nausea and vomiting for the first 12 weeks or until the drug can be accessed; the standard practice in other EU member states; and the number of cariban prescriptions that have been processed through the drugs payment scheme to date. [7471/23]
Amharc ar fhreagraI propose to take Questions Nos. 152 and 158 together.
As part of Budget 2023, funding of €32.2 million was announced for Women’s Health Initiatives in 2023.
This included dedicated funding of €1.3m for Cariban® (doxylamine/pyridoxine) to help women who experience hyperemesis gravidarum, a severe form of nausea and vomiting, during pregnancy. Hyperemesis gravidarum is expected to affect about 1% of the pregnant population.
The Health Service Executive (HSE) has statutory responsibility for decisions on pricing and reimbursement of medicines under the community drugs schemes, in accordance with the Health (Pricing and Supply of Medical Good s) Act 2013. Only licenced indications which have been granted market authorisation by the European Medicines Agency (EMA) or the Health Products Regulatory Authority (HPRA) can be added to the formal reimbursement list.
Within the European Union (EU), the pricing and reimbursement of medicines is a national competence. As Member States operate different pharmaceutical reimbursement systems across the EU, a direct comparison of the reimbursement of products is not possible. The competent authority for pricing and reimbursement in Ireland is the HSE.
Cariban® is an Exempt Medicinal Product (EMP), i.e., it is not licensed in Ireland and, therefore, cannot be added to the formal reimbursement list.
However, following the recommendations of the HSE Medicines Management Programme, and to address the unmet need of patients with hyperemesis gravidarum, reimbursement support for Cariban® (doxylamine/pyridoxine), an unlicensed Exempt Medicinal Product, has now been made available on an individual patient basis for those patients who meet the criteria and where Consultant Obstetrician initiated.
Under the community drug schemes, Exempt Medicinal Products must be Consultant initiated. However, whilst the original prescriber of Cariban® must be a consultant and specialist in the relevant field, the HSE will accept a GP prescription subsequent to the initial hospital prescription for approved patients.
The relevant HSE circular regarding the exceptional arrangement for Cariban® is available at:
www.hse.ie/eng/staff/pcrs/circulars/pharmacy/pharmacy-circular-001-23-cariban.pdf.
In order to obtain reimbursement support for Cariban® under this exceptional arrangement, the prescribing consultant must confirm whether the following apply:
- The individual has nausea and vomiting of pregnancy (NVP) which requires systemic treatment.
- The individual has been assessed using the pregnancy unique quantification of emesis and nausea (PUQE) assessment tool and the appropriate treatment algorithm has been followed.
- The individual has not responded to conservative management.
The consultant must also make an Unlicensed Product Declaration and submit the completed application form by email to the Primary Care Reimbursement Service (PCRS).
Once reviewed by the PCRS, the prescriber and dispensing pharmacy are emailed (via secure email) with the reimbursement decision. The community pharmacy then dispenses the product under the specific patient’s community drug schemes eligibility and submits the claim using the relevant administrative code in their monthly submission to PCRS.
While reimbursement support is offered on the basis of the patient’s eligibility under the General Medical Services (GMS) Scheme or the Drugs Payment Scheme (DPS), Cariban® is not on the formal reimbursement list.
This exceptional arrangement has been put in place to ensure that those patients suffering from hyperemesis gravidarum have access to Cariban®. The dedicated funding that has been allocated is based on 1% of the pregnant population requiring treatment for hyperemesis gravidarum. The number of approved applications to date is in line with expectations and indicates that the budget allocated will be used in 2023. As of 10th February 2023, the number of applications received by the Primary Care Reimbursement Service (PCRS) stands at 384.
There are three other products containing doxylamine/pyridoxine, which are licensed in Ireland:
- Xonvea® gastro-resistant tablets.
- Navalem® modified-release hard capsules.
- Exeltis® gastro-resistant tablets.
The market authorisation holder of Xonvea® has not progressed the pricing and reimbursement application further with the HSE at this stage. The market authorisation holders for Exeltis® and Navalem® have not submitted pricing and reimbursement applications to the HSE.
The HSE therefore encourages clinicians, along with the Institute of Obstetricians and Gynaecologists and the National Clinical Programme for Obstetrics and Gynaecology, other healthcare professionals, and relevant representative bodies to encourage the market authorisation holders of the licensed medicinal products (Xonvea®, Exeltis® and Navalem®) to progress with the formal pricing and reimbursement process in Ireland.
Finally, the HSE provides general advice on treatments for hyperemesis gravidarum at:
www2.hse.ie/conditions/hyperemesis-gravidarum/treatment/.
