Written Answers Nos. 248-269
248. Deputy John Brassil asked the Minister for Justice and Equality further to Parliamentary Question No. 103 of 23 May 2017, the number that were referred to take no further action; the number that were referred to for further attention; the number referred to for further action that have been fully reviewed and concluded; the number outstanding; and if he will make a statement on the matter. [33544/17]
View answerIn May 2014 the Independent Review Mechanism (IRM) was established to consider allegations of Garda misconduct or deficiencies in the way that gardaí had carried out investigations. A panel consisting of two Senior and five Junior Counsel was established for the purpose, all selected on the basis of their knowledge of the criminal justice system. Its purpose was to triage these allegations to see whether further action was needed and what that action would be.
Recommendations were returned in all of the 320 complaints referred to the Panel, all of which were accepted by my predecessor. In the majority of cases, a total of 249 cases, the recommendation was that no further action of any type should be taken. Reasons stated for such a recommendation included the fact that in some of the cases the complaints fell outside the remit of the review itself, for example cases which queried the decisions of the DPP or the outcome of court cases. In other cases, the reason was that there were still some ongoing matters either before the Courts or by way of investigations by the Garda Síochána Ombudsman Commission (GSOC).
In a further 29 cases, while recommending that no further action should be taken with regard to the specific complaint of Garda misconduct, counsel pointed out that there were actions which the Minister might informally request be undertaken in order to be of some practical assistance to the complainant. These included requesting the Garda Commissioner to appoint a liaison officer to keep the complainant updated on ongoing matters while in others the recommendation was that the Commissioner be requested to provide specific information to a complainant, if appropriate. I can inform the Deputy that the appropriate arrangements have been made to have these recommendations followed through.
A total of 42 cases gave rise to a recommendation for formal action by the Minister. These included the use of powers in the Garda Síochána Act 2005 to refer issues to GSOC for investigation under section 102 and requests to the Garda Commissioner under section 41(2) of the 2005 Act to provide a report on certain matters.
In five cases the recommendation was that the Minister should establish inquiries. In May 2017 the then Minister formally established these 5 inquiries. In each case a retired member of the judiciary was appointed to carry out the inquiry and they have begun that work.
In relation to the 42 cases, 18 cases have been concluded and the complainants have been advised of the final outcome. The remainder, including the 5 statutory inquiries, are still ongoing.
249. Deputy Catherine Murphy asked the Minister for Justice and Equality in cases such as a case (details supplied) if consideration is being given to a separate process particularly in the context of Brexit; if not, if there are increased numbers in this category; if so, the numbers; and if he will make a statement on the matter. [33553/17]
View answerThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. It is open to any individual who may wish to become an Irish citizen to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory conditions as prescribed in the Act. Every application for a certificate of naturalisation is considered on its own merits having regard to the statutory conditions set out in the Act. There is no provision for a separate process or for differing conditions to apply to applications from different nationalities.
An application for a certificate of naturalisation has been received from the person referred to by the Deputy and this is currently being processed and will be submitted to me for decision as expeditiously as possible.
The number of applications for naturalisation received from British nationals in 2015 was 70, in 2016 was 570 and in 2017 to date is 400 approximately.
As the Deputy is aware, it is our intention to maintain the existing arrangements with regard to the United Kingdom, and the Government position is to protect the Common Travel Area arrangements. As outlined, the grant of Irish citizenship is a national competency and there are no current plans to amend the legislation. There are also no plans to change the current position regarding the Common Travel Area in advance of knowing what will be the ultimate arrangements relating to the UK withdrawal from the EU. Should an issue arise in this area during any negotiations between the UK and the other EU member states, the position will be revisited at that stage.
Detailed information on Irish citizenship and naturalisation, as well as the relevant application forms, is available on the INIS website at www.inis.gov.ie. The website also contains guidance on the completion of an application for naturalisation.
250. Deputy Catherine Murphy asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the cost of rebranding and or renaming her Department, in particular the costs of acquiring new stationary, signage and public awareness campaign and so on, in tabular form; and if she will make a statement on the matter. [33171/17]
View answerOn 14th June 2017, An Taoiseach announced the new Government, signalling a reconfiguration of the Department, with responsibility for culture, heritage, Gaeilge, Gaeltacht and the islands. On Thursday 6th July I confirmed that the new name of the Department will be the Department of Culture, Heritage and the Gaeltacht. My officials are now preparing an order to change the name of the Department and the Minister’s title, under the Ministers and Secretaries (Amendment) Act 1939.
Arrangements to update the Department’s website and associated materials will also be made in the coming weeks. Any costs arising will be met from existing administrative budget provisions. I am advised that it is not expected that significant costs will arise as much of the work involved will be completed in-house and that existing stationery stocks will be replaced upon re-order.
251. Deputy Niall Collins asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if she will address a matter (details supplied); and if a deadline can be changed; and if she will make a statement on the matter. [33216/17]
View answerAll matters related to the programme referred to by the Deputy are the responsibility of Local Action Groups which administer the programme in their respective areas, and I have no function in relation to those matters. The project promoter in this case would need to deal directly with the relevant Local Action Group in relation to any potential extension of the deadline referred to by the Deputy.
252. Deputy Thomas Pringle asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the timeframe for approval of the remaining €731,126 of CLÁR funding under measure 3 targeted community infrastructure needs of the €1.5 million announced on 30 May 2017 and the approval of €768,874 under phase 1 of the measure 3; if further funds can be made available for 2017 under measures 1 and 2; and if she will make a statement on the matter. [33256/17]
View answer253. Deputy Thomas Pringle asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the mathematical equation or calculation applied as the basis for the pro rata distribution in the decision-making process in relation to the 2017 CLÁR programme; the extent to which the proportion of the counties within the CLÁR process (details supplied) was taken into account in the overall process; and if she will make a statement on the matter. [33257/17]
View answer254. Deputy Thomas Pringle asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if a scoring framework linked to the criteria applied by her Department in determination of final allocations of funding was used in relation to the 2017 CLÁR programme; the calculations that were applied; and the weighting given to the overall process (details supplied). [33258/17]
View answerI propose to take Questions Nos. 252 to 254, inclusive, together.
The 2017 CLÁR programme was launched on 31st March last, with a closing date of 5th May. The programme provides funding for small-scale infrastructural projects in disadvantaged rural areas that have experienced significant levels of depopulation.
Funding for the 2017 CLÁR programme was available this year under four separate Measures:
Measure 1: Support for School and Community Safety Measures
Measure 2: Play Areas
Measure 3: Targeted Community Infrastructure
Measure 4: First Responder Supports
Applications under Measures 1, 2 and 3 were submitted through the Local Authorities, while applications under Measure 4 were submitted from voluntary organisations involved in community-based response to emergency situations.
In total, more than 500 applications were received across the four Measures, with a combined value of €15 million.
While an indicative allocation was originally apportioned for each Measure, these allocations were adjusted to take account of the number and quality of applications received under each Measure. The overall amount allocated to projects was also increased from €5 million to €7 million. A total of 230 successful projects were approved for funding in recent weeks across the four Measures. Details of the approved projects are available at http://www.ahrrga.gov.ie/rural/rural-development/clar-2016/.
In general, my Department received a larger number of applications from counties with a high number of CLÁR District Electoral Divisions. Applications were assessed on the basis of their eligibility under the scheme criteria and on the quality of the documentation submitted to the Department in support of their proposals, as required in the scheme guidelines.
All applications which met the eligibility criteria and which were supported by adequate documentation as required were approved for funding under each Measure.
Contracts for the approved funding have now issued to all relevant Local Authorities and voluntary first-response organisations as appropriate. There is currently no further funding available for CLÁR in 2017.
255. Deputy Catherine Connolly asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if she is satisfied regarding the submitted observation in relation to a foreshore lease planning application (details supplied) on Galway Bay, in view of the fact that the council stated that due to limitations on staff resources, the Heritage Council will not be in a position to comment on this application; and if she will make a statement on the matter. [33326/17]
View answerI refer the Deputy to my response to Questions Nos. 489 and 490 of 28 February last.
The Heritage Council is an independent statutory body, under the aegis of my Department, established in accordance with the Heritage Act 1995 and is separately a statutory consultee to the planning process, as a prescribed body under the Planning and Development Acts 2000, as amended. Observations made by the Heritage Council in this regard are a matter for the Council.
256. Deputy Robert Troy asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if she will expedite an application for CLÁR funding by a group (details supplied); and if she will make a statement on the matter. [33331/17]
View answerThe 2017 CLÁR programme was launched on 31st March 2017 and provides funding for small-scale infrastructural projects in disadvantaged rural areas that have experienced significant levels of depopulation. Funding was available this year under four separate Measures:
Measure 1: Support for School and Community Safety Measures
Measure 2: Play Areas
Measure 3: Targeted Community Infrastructure
Measure 4: First Responder Supports
Applications under Measures 1, 2 and 3 were submitted through the Local Authorities, while Measure 4 was targeted at voluntary organisations involved in emergency rescue or first-response efforts. The closing date for applications under the 2017 CLÁR programme was 5th May 2017 and over 500 applications were received across the four measures.
Successful projects were announced over the last few weeks, with a total of just under €7 million allocated to approximately 230 projects across the four Measures.
Details of the approved projects are available at http://www.ahrrga.gov.ie/rural/rural-development/clar-2016/.
I understand that an application was not received in respect of the group in question.
257. Deputy Stephen S. Donnelly asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the position regarding the development of sectorial response plans to Brexit; the publication date of these plans; and if she will make a statement on the matter. [33333/17]
View answerAs advised to the House in my response to Parliamentary Question No. 923 of 20th June last following the publication by the Government on 2nd May of a comprehensive document on Ireland and the negotiations on the UK’s withdrawal from the European Union under Article 50 of the Treaty on European Union. This document sets out the approach of the Government to the forthcoming negotiations, and work is under way across Departments to prepare adaptive Sectoral Brexit Response Plans to mitigate emerging sectoral challenges. These plans will build on ongoing cross-Government research, analysis and consultations with stakeholders and will encompass the following themes:
- Sustainable fiscal policies to ensure capacity to absorb and respond to economic shocks, not least from Brexit;
- Policies to make Irish enterprise more diverse and resilient, to diversify trade and investment patterns, and to strengthen competitiveness;
- Prioritising policy measures and dedicating resources to protect jobs and businesses in the sectors and regions most affected by Brexit;
- Realising economic opportunities arising from Brexit, and helping businesses adjust to any new logistical or trade barriers arising;
- Making a strong case at EU level that Ireland will require support that recognises where Brexit represents a serious disturbance to the Irish economy.
All of this work is ongoing and must also respond to the emerging developments in the Brexit negotiations. There is no decision as yet on publication dates. Arising from the reconfiguration of my Department, I will continue to monitor and examine the various ways in which Brexit could impact on the culture, heritage and Gaeltacht sectors. Concluding a mutually acceptable Brexit deal will be important from the perspective of these sectors, as will maintaining a favourable context for the operation of North-South Implementation Bodies established under the Good Friday Agreement, two of which, Waterways Ireland and the Language Body, come under the remit of my Department.
258. Deputy Noel Grealish asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the process of assessment leading to the observations submitted by the National Parks and Wildlife Service in its role as a named external consultee, advising the Minister for Housing, Planning, Community and Local Government in relation to the foreshore lease planning application on Galway Bay; and if she will make a statement on the matter. [33361/17]
View answer259. Deputy Noel Grealish asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if she is satisfied that public concerns to date reported to the National Parks and Wildlife Service, NPWS, concerning the NPWS's submitted observation and concerns regarding the application and the protection of the surrounding networks of Natura 2000 sites in relation to a foreshore lease application (details supplied) on Galway Bay have been investigated by the NPWS; if the Minister of Housing, Planning, Community and Local Government has been informed and advised of resulting concerns; and if she will make a statement on the matter. [33362/17]
View answerI propose to take Questions Nos. 258 and 259 together.
I refer to Deputy to my response to Questions Nos. 489 and 490 of 28 February last.
The engagement of my Department in this issue is complete and it now is a statutory matter for the Minister for Housing, Planning, Community and Local Government.
My position is unchanged from those earlier replies.
260. Deputy Bernard J. Durkan asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the number of warnings issued over the past three years in respect of hedge cutting; the number of notices issued by local authorities in respect of tree and hedge cutting along public roads on health and safety grounds; and if she will make a statement on the matter. [33368/17]
View answerThe Roads Acts 1993 contains provisions allowing local authorities to serve notices on landowners where a hedge or other type of vegetation is considered a hazard on public roads on health and safety grounds. The operation of the Roads Act is a matter for my colleague, the Minister for Transport, Tourism and Sport. Accordingly, my Department has no information as to the number of notices or warnings issued by local authorities to landowners under the Act.
261. Deputy Joan Burton asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if responsibility for the public banking investigation has been transferred to her Department; the date on which the transfer took place; the timeframe for the remainder of the investigation; the date of publication of the final report; and if she will make a statement on the matter. [33524/17]
View answerThe Programme for a Partnership Government envisaged that An Post, the Irish League of Credit Unions and other interested stakeholders would be asked to investigate and propose a new model of community banking, such as the Kiwibank model in New Zealand, which could be delivered through the post office network. The Programme for Government also includes a commitment to investigate the German Sparkassen model for the development of local public banks that operate within well-defined regions.
As I have pointed out in response to previous questions from the Deputy, my Department has been working actively with the Department of Finance to progress the Programme for a Partnership Government commitments.
Specific functions related to rural affairs will shortly transfer from my Department to the new Department of Rural and Community Development under the remit of Minister Michael Ring. I anticipate that responsibility for completing the examination of the public banking model will be transferred to Minister Ring’s Department.
In the meantime, my Department is continuing to work with the Department of Finance to finalise their consideration of the merits of local public banks in an Irish context. I understand that the work is close to completion and a report will be submitted to Government when it is finalised.
262. Deputy Thomas P. Broughan asked the Minister for Health when all sections of the Children and Families Relationships Act 2015 will be enacted; the timeframe for full enactment; if there are barriers impinging on the rights of same sex married partners and their children prior to enactment of all sections; and if he will make a statement on the matter. [33266/17]
View answerThe Children and Family Relationships Act 2015 (Commencement of Certain Provisions Order) 2016 (S.I. No. 12 of 2016) commenced the bulk of the Children and Family Relationships Act 2015 with effect from 18 January 2016. That Commencement Order brought provisions of Parts 1, 4, 5, 6, 7, 8, 12 and 13 of the Act into operation. Part 10 of the Act, which amended the Passports Act 2008, was commenced by the Minister for Foreign Affairs and Trade on 1 July 2015.
Parts 2 and 3 of the Children and Family Relationships Act 2015 provide for parentage through donor-assisted human reproduction (DAHR). The issue of the recognition of parentage for same sex couples and their children is dealt with under Part 2 of the Act. It was indicated during the passage of the Children and Family Relationships Bill 2015 through the Dáil and the Seanad that an appropriate transition period for these Parts would be required in order to carry out significant preparatory work to facilitate a seamless transition to the new regulatory framework laid out in the Act. Detailed work on Parts 2 and 3 is underway and it is intended that these will be commenced later this year. Other provisions of the Act which relate to DAHR which are related to Parts 2 and 3 will be co-ordinated with the commencement of those Parts.
263. Deputy Bernard J. Durkan asked the Minister for Health the extent to which children or teenagers liable to self-harm continue to have ready access to support services such as counselling and follow-up visits; the degree to which patterns over the past number of years have illustrated the adequacy of such support services; and if he will make a statement on the matter. [33569/17]
View answer337. Deputy Bernard J. Durkan asked the Minister for Health the extent to which children or teenagers liable to self-harm continue to have ready access to support services such as counselling and follow-up visits; the degree to which patterns over the past number of years have illustrated the adequacy of such support services; and if he will make a statement on the matter. [31213/17]
View answerI propose to take Questions Nos. 263 and 337 together.
In March 2016, the HSE Mental Health Division established the National Clinical Programme for the Assessment and Management of Patients Presenting to Emergency Departments following Self-Harm. This clinical programme specifically addresses the care and treatment required by people who present to the Emergency Departments of acute hospitals following an episode of self-harm or with prominent suicidal ideation.
The aim of this programme is to develop a standardised and effective process for the assessment and management of individuals of all age ranges, including children and adolescents, who present with self-harm to an Emergency Department. Training offered by this programme ensures that patients and their families have access to clinicians with sufficient expertise to provide high-quality, evidence-based care and treatment. Critical to the success of this clinical programme is the consolidation and further development of close working relationships between the Emergency Department clinical team, mental health liaison staff and Community Mental Health teams and GP services. The objectives of this programme are to improve the assessment and management of all individuals who present to an Emergency Department with self-harm; reduce rates of repeated self-harm; improve access to appropriate interventions at times of personal crisis; ensure rapid and timely linkage to appropriate follow-up care; and optimise the experience of families and carers in trying to support those who present with self-harm.
Following clinical assessment of a person who presents to an Emergency Department following self-harm, a decision regarding treatment of the individual is required. This may indicate admission to a general hospital, if physical care is required. If significant mental health considerations are clinically identified, referral to mental health services in accordance with the criteria set out in the Mental Health Acts may be appropriate. Alternatively, the individual could be referred to appropriate primary care services and supports. All such clinical decisions are set out in the Discharge and Management Plan – Emergency Care Plan developed with, and given to, the patient and family/friend (with consent). In addition, the HSE currently funds a number of agencies to provide a variety of counselling services to young people. This includes 13 Jigsaw sites nationally.
The points raised by the Deputy in relation to the pattern and adequacy of support services have been referred to the HSE, as this is an operational matter for direct reply.
264. Deputy Thomas P. Broughan asked the Minister for Health the number of cyclists who have been injured due to an adverse interaction with the Luas cross city works in each of the years since the works began and to date in 2017; the number of cyclists who attended an emergency department due to these adverse interactions each year; and if he will make a statement on the matter. [33124/17]
View answerIn response to the particular query raised, as this is a service matter, I have asked the HSE to respond to you directly.
265. Deputy Thomas Byrne asked the Minister for Health the status of an appointment for a person (details supplied). [33137/17]
View answerUnder the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.
The scheduling of appointments for patients is a matter for the hospital to which the patient has been referred. Should a patient's general practitioner consider that the patient's condition warrants an earlier appointment, he or she should take the matter up with the consultant and the hospital involved. In relation to the specific case raised, I have asked the HSE to respond to you directly.
266. Deputy Bernard J. Durkan asked the Minister for Health if a tonsillectomy will be facilitated in the case of a person (details supplied); and if he will make a statement on the matter. [33139/17]
View answerUnder the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.
The scheduling of appointments for patients is a matter for the hospital to which the patient has been referred. Should a patient's general practitioner consider that the patient's condition warrants an earlier appointment, he or she should take the matter up with the consultant and the hospital involved. In relation to the specific case raised, I have asked the HSE to respond to you directly.
267. Deputy Peter Burke asked the Minister for Health the level of funding available through his Department for each county hospice group or regional hospice group; and if he will make a statement on the matter. [33140/17]
View answer268. Deputy Peter Burke asked the Minister for Health the capital allowances that have been paid for each hospice group that have provided beds and permanent facilities for patients; and if he will make a statement on the matter. [33141/17]
View answer269. Deputy Peter Burke asked the Minister for Health the current expenditure available for hospice groups for the employment of night nurses, staff or other expenditure to persons in need of care; and if he will make a statement on the matter. [33142/17]
View answerI propose to take Questions Nos. 267 to 269, inclusive, together.
As these are service matters they have been referred to the Health Service Executive for direct reply.
