​QUESTION NO:  1000

DÁIL QUESTION addressed to the Minister for Health (Simon Harris T.D.)
by Deputy Darragh O'Brien
for WRITTEN ANSWER on 26/07/2017  

 
 *  To ask the Minister for Health when the gratuity payment due to certain home help workers will be made in lieu of pension payments; and if he will make a statement on the matter.

                                                                                          Darragh O'Brien T.D.

  
REPLY.
The Deputy is referring to Home Help workers who are employed by voluntary providers of home help services which are funded under section 39 of the Health Act 2004. 
I advised the Deputy previously that as these home help workers are not employed by the HSE, the HSE and the Department have no role in determining the salaries or other terms and conditions applying to these staff including any pension arrangements. 

The Deputy is also aware that a joint working group was established, as agreed as part of the 2015 Lansdowne Road talks, to consider a number of issues in relation to section 39 organisations.  Unfortunately it was not possible to reach an agreement between the parties on the issue of gratuity payments. 

​QUESTION NO:  797

DÁIL QUESTION addressed to the Minister for Housing, Planning, Community and Local Government (Deputy Eoghan Murphy)
by Deputy Darragh O'Brien
for WRITTEN ANSWER on 11/07/2017  

 
 To ask the Minister for Housing; Planning; Community and Local Government the progress with the review and updating of the building standards and building classifications being carried out by his department, taking into account the current difficulties with obtaining green certificates for homes with negligible pyrite levels; when the review will be completed; and if he will make a statement on the matter.
  
REPLY.


The Report of the Pyrite Panel (June 2012) recommended a categorisation system as a means of prioritising pyrite remediation works in recognition of the expensive and intrusive nature of pyrite remediation and the unpredictability of pyritic heave.  The independent Pyrite Panel was clear in its view that only dwellings with significant damage due to pyritic heave (i.e. red category) should be remediated and that it would be unreasonable to expect dwellings not exhibiting such damage to be remediated.  Dwellings which have no significant damage but have reactive pyrite in the hardcore material (i.e. amber category) should be monitored and only remediated if they display significant damage due to pyritic heave.  This remains the position with regard to dwellings which do not display significant pyritic damage.

In response to this recommendation, I.S. 398-1:2013 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and Categorisation, was published by the National Standards Authority of Ireland in late January 2013, and provides the means by which dwellings, that may be affected by pyrite can be tested and categorised.  In broad terms, the national standard sets out a two-step process to facilitate the testing and categorisation of dwellings.

The first step requires that a Building Condition Assessment be carried out; this comprises a desktop study and a visual non-invasive internal and external inspection of a dwelling to establish the presence or absence of visible damage that is consistent with pyritic heave and to quantify the extent and significance of such damage in that dwelling.   A Damage Condition Rating of 0, 1 or 2 can be assigned to a dwelling under this process.

The second step involves the sampling and testing of the sub-floor hardcore material and is informed by the assignment of the Damage Condition Rating under the Building Condition Assessment process.  At the conclusion of this two-step process, buildings may be categorised under I.S. 398-1:2013 into four categories which are broadly consistent with the traffic light system that was used by the Pyrite Panel as a means of prioritising pyrite remediation works.

Dwellings which have been tested and the hardcore is shown not to be susceptible to expansion are classified as Category A (known as a “green” certificate).  These dwellings have a negligible risk of pyrite damage given the testing has demonstrated that the hardcore is not susceptible to expansion; any damage that may be visible in such dwellings is likely to be attributable to other causes.  The other classifications under the standard are: 

Category B – these buildings are at risk but have a low potential of future damage from pyritic heave; 
Category C – these buildings are at risk and have a significant potential of future damage from pyritic heave; and 
Category D – these buildings have a Damage Condition Rating of 2 (i.e. significant pyritic damage), or have a Damage Condition Rating of 1 (with progression), and hardcore susceptible to significant or limited expansion.

The Pyrite Resolution Act 2013 provides for the making of a pyrite remediation scheme by the Pyrite Resolution Board for certain dwellings affected by significant pyrite damage.  The pyrite remediation scheme is a scheme of “last resort” and is limited in its application and scope.  The full conditions for eligibility under the scheme are set out in the scheme, which is available on the Board’s website (www.pyriteboard.ie).

The scheme is applicable to dwellings which are subject to significant damage attributable to pyritic heave established in accordance with I.S. 398-1:2013. In this regard, it is a condition of eligibility under the scheme that an application to the Board must be accompanied by a Building Condition Assessment with a Damage Condition Rating of 2.  This ensures that, having regard to available resources, the focus of the scheme is on dwellings which are most severely damaged by pyritic heave.   Dwellings which do not have a Damage Condition Rating of 2 are not eligible to apply under the scheme. I have no proposals to amend this eligibility criterion. 

In late 2015, the National Standards Authority of Ireland commenced a review of I.S. 398-1:2013 in the light of practical experience since the standard was first introduced in January 2013.  The standard is being updated and revised to reflect the on-site experiences and evidence gathered by technical experts, such as engineers, geologists, professionals providing sampling and testing services and other technical experts, who have been using the standard over the past four years.  A public consultation on the revision of I.S. 398-1:2013, took place in late 2016.  My Department understands that it is anticipated that the revised standard will be published later this year.

With regard to the issue of Category A (known as a “green” certificate), a dwelling is categorised in accordance with I.S. 398-1:2013 on the basis of the findings from the Building Condition Assessment and hardcore classification.  

Annex F of I.S. 398-1:2013, provides for a Certificate of Building Categorisation for Reactive Pyrite in sub-floor hard-core material.  Category A is assigned in respect of dwellings that have been assessed, at the request of the homeowner, in accordance with I.S. 398-1:2013 and are considered have a negligible risk of pyrite damage.  The issuing of such certificates is a matter entirely for the homeowner and the professional they engage and it is not part of the pyrite remediation scheme. 

Where a dwelling has been remediated under the scheme, at the end of the remediation works, each dwelling is provided with a Certificate of Remediation for Reactive Pyrite in Sub-floor Hard-core Material, which is completed jointly by the relevant builder and the design professional in accordance with Annex B to I.S. 398-2:2013. The certificate confirms that the dwelling has been remediated to the requirements set out in the national standard and the issue of a green certificate does not arise. 

​QUESTION NO:  380

DÁIL QUESTION addressed to the Minister for Health (Simon Harris T.D.)
by Deputy Darragh O'Brien
for WRITTEN ANSWER on 11/07/2017  

 
 *  To ask the Minister for Health the status of the reimbursement of the drug respreeza/zemaira; and if he will make a statement on the matter.

                                                                                          Darragh O'Brien T.D.

  
REPLY.
The 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 Goods) Act 2013. 

The HSE has considered the issue of reimbursement of Respreeza for maintenance treatment of emphysema in adults with documented severe alpha1-proteinase inhibitor deficiency. Following this process, it has decided not to support reimbursement of the medicine.

The HSE, in such instances, is required under the Health (Pricing and Supply of Medical Goods) Act 2013 to issue a notice of proposal to the applicant, setting out that it does not intend to reimburse this medicine and the reasons why.

The company is entitled to make written representations and is given at least 28 days in which to do so. The HSE is required to consider carefully any written representations it receives from the applicant.

The notice period for applicant company representations recently ended. The HSE is now considering the representations received from the applicant and has also met with the company.

A final decision by the HSE can only be made after the representations received under the 2013 Health Act processes have been carefully considered.

​QUESTION NO:  306

DÁIL QUESTION addressed to the Minister for Justice and Equality (Deputy Charlie Flanagan)
by Deputy Darragh O'Brien
for WRITTEN on Tuesday, 11th July, 2017.  

 
 *  To ask the Minister for Justice and Equality the commitments the government has made in terms of accepting refugees and unaccompanied minors here; the number of persons to date in 2017 that have been accepted under the various resettlement and relocation programmes; the number of unaccompanied minors that have arrived here to date in 2017; if he expects Ireland to meet its commitment of accepting 4,000 refugees by the end of 2017; and if he will make a statement on the matter.

                                                             - Darragh O'Brien

  
REPLY.
As the Deputy may be aware, in September 2015, the Government established the Irish Refugee Protection Programme and agreed to accept up to 4,000 persons overall under Resettlement and Relocation Programmes at the earliest time possible. 

As regards the Resettlement strand of the programme, we had taken in 519 of our original commitment of 520 under the EU Resettlement Agreement of July 2015, by the end of 2016, a full year ahead of the European Commission's schedule. As a result, last year, the Government doubled its commitment under resettlement to 1,040. The number of persons who have arrived from Lebanon under the UNHCR-led  resettlement programme now stands at 785. The remaining 255 persons to arrive under resettlement have been selected and assessed and are expected to arrive later in the year, also from Lebanon. 

Under the EU Relocation programme, 459 of our allocation of 1,089 from Greece are already in the State and a further 357 have been assessed and are awaiting transfer to Ireland. A further mission to Athens this month assessed 101 persons. Relocations from Italy have not been possible, to date, due to the refusal by the Italian authorities to allow other Member States, including Ireland, to conduct security assessments of candidates on its soil. Bilateral discussions are continuing to try to resolve this impasse and the Commission has asked Italy to again examine the matter.  The Deputy should also be aware the actual numbers eligible for relocation from Italy and Greece are much lower than those originally envisaged under the two Council Decisions of September 2015 (160,000 people). In its most recent publication on Relocation and Resettlement, published on 13 June, the Commission estimates some 39,000 people eligible and registered for relocation in Italy and Greece, of which approximately 21,000 have been relocated to other Member States to date. 

Ireland agreed to take up to 20 unaccompanied minors (UAMs) under the relocation aspects of the IRPP.  Ireland's capacity to take UAMs is determined by Tusla, the Child and Family Agency. Six UAMs (by the stricter Irish definition) have arrived in Ireland from Greece under the programme. However, relatively few UAMs appear to be available within the cohort eligible for relocation and efforts continue to seek further transfers within this cohort. All UAMs that have arrived to-date are in the care of Tusla.

In a further gesture of humanitarian assistance towards the most vulnerable caught up in the migration crisis and following a debate in the Dáil, the Government also committed to taking up to 200 additional unaccompanied minors from France who were previously resident in the migrant camp at Calais. On foot of the Government Decision, Tusla - The Child and Family Agency, which comes within the remit of my colleague, the Minister for Children and Youth Affairs, Katherine Zappone, T.D., launched the Calais Special Project (CSP). This is being led operationally by their Separated Children Seeking Asylum team.  All of the unaccompanied minors that have been identified in cooperation with the French authorities as suitable for relocation to Ireland have been accepted into Ireland and provided with the appropriate supports. I understand that 21 young persons have been relocated to this jurisdiction to-date, 19 of whom are currently in the care of Tusla, and two of whom have been reunited with family members living in Ireland. 

I am satisfied that we are making progress to ensure many more people can come to Ireland under our resettlement and relocation programmes. Our attention is focused on meeting these targets and the needs of those accepted under the programmes on arrival. Significant resources are currently being invested in these humanitarian efforts through the various offices in my Department and in other Departments and agencies.  As a result we have established functioning mechanisms and associated expertise to deal with resettlement and relocation. It is essential that we continue our efforts to complete the IRPP successfully before we look to apply the learning from this Programme to deliberations with regards to any future refugee intake. Decisions taken at EU level with regard to the ongoing migration crisis will of course impact on any such deliberations.

​Question No. 266
Parliamentary Question - Oireachtas　
　
To ask the Minister for Foreign Affairs and Trade if he will report on the increased number of immigrants from Libya and African countries via Italy; and the increased challenges this is posing on Italy and Greece..　
- Darragh O'Brien.　
* For WRITTEN answer on Tuesday, 11th July, 2017.　
Ref No: 32466/17　
　
PQ Type changed from ---> Oral; (White No - 20; on 13/09/2017)

REPLY
The migration crisis has been one of the greatest challenges facing the EU for the last two years. It has been a particular problem for Italy and Greece as the EU countries where the majority of migrants arrive. The EU has responded to the crisis by adopting a range of measures to deal with this mass movement of people. These have included engaging with countries of origin and transit to address the root causes of migration including through the Migration Partnership Framework; agreeing a plan to relocate migrants from Italy and Greece across the Union; the launching of Operation Sophia to disrupt people smuggling in the Mediterranean; and substantial financial assistance to countries hosting large numbers of migrants. EU Heads of State and Government concluded a landmark migration deal with Turkey in March 2016, which has resulted in a very substantial reduction in the number of migrants risking their lives at sea to enter the EU from Turkey. 

In the past year the focus has shifted from Greece and Turkey to the so-called Central Mediterranean Route, with some 181,000 migrants crossing from Libya to Italy in 2016. So far this year, over 85,000 people have made the journey, a 20% increase over the same period in 2016, according to figures from the International Organisation for Migration (IOM). At least 2,150 others have died trying. Most migrants are coming from sub-Saharan Africa. According to UN High Commission for Refugees (UNHCR), the top two nationalities arriving in Italy by sea in 2016 were Nigerians (21%) and Eritreans (11%).

The June European Council discussed the migration crisis and agreed to provide more support for Italy, to improve its coordination efforts and try to end the tragic situation where so many people are losing their lives.

In recent weeks, the Italian government has expressed its strong concern at the increase in the numbers of migrants arriving in Italy which is placing increasing strain on reception facilities. The Interior ministers of France, Germany and Italy along with the European Commissioner for Migration and Home Affairs, met in Paris on 2 July and agreed, inter alia, to enhance support to the Libyan coastguard by increasing training activities and providing additional financial support while at the same time ensuring close monitoring of activities and to provide additional support to the IOM and the UNHCR to enable facilities in Libya to reach international standards in terms of living conditions and human rights. They also agreed to accelerate the EU Relocation scheme agreed in 2015.

Ireland is playing its part to help resolve the EU migration crisis. As part of that response we have to date taken in 785 asylum seekers and refugees from Lebanon under a UN-led Resettlement Programme and 459 migrants from Greece under the EU Relocation mechanism agreed in 2015. Efforts are ongoing with the Italian authorities to resolve the issue of the security screening of migrants which has prevented any relocations from Italy to Ireland to date. Our naval service working with the Italian navy on a humanitarian search and rescue mission in the Mediterranean has rescued over 16,200 people.  

​Question No. 265
Parliamentary Question - Oireachtas

To ask the Minister for Foreign Affairs and Trade the Cabinet Committee that covers overseas development aid.
- Darragh O'Brien.
* For WRITTEN answer on Tuesday, 11th July, 2017.
Ref No: 32467/17

PQ Type changed from ---> Oral; (White No - 14; on 13/09/2017)

REPLY
(Minister of State, Mr Ciaran Cannon T.D.)
The purpose of the Cabinet Committees is to provide political oversight of relevant initiatives and developments in policy areas, in particular where there is a need for coordinated action across Departments and agencies. 
The Government’s policy on international development, One World One Future, was approved by Cabinet in 2013.  It provides for a whole-of-government approach to international development and guides all our development efforts across Departments.  In the event the Minister of Foreign Affairs and Trade deems it necessary for Cabinet to discuss a particular policy issue or initiative related to overseas development aid he would either raise it directly at Cabinet or bring it through an appropriate Cabinet Committee.
The Minister also regularly engages with the Oireachtas and the Joint Committee on Foreign Affairs and Trade on budget and policy issues related to Official Development Assistance and the international development programme. 

​Question No. 258
Parliamentary Question - Oireachtas

To ask the Minister for Foreign Affairs and Trade if he will report on the situation in Venezuela; and if he will make a statement on the matter.
- Darragh O'Brien.
* For WRITTEN answer on Tuesday, 11th July, 2017.
Ref No: 32299/17

REPLY
I am deeply concerned by the deteriorating situation in Venezuela, and in particular by the recent violent attacks against the democratically elected National Assembly. 

While there have been long-running demonstrations in Venezuela, the past two months have seen almost daily mass-protests, resulting in dozens of deaths in clashes between security forces and opposition demonstrators. I reiterate that I condemn unreservedly any intimidation or violence perpetrated against those seeking to defend their rights, whether in Venezuela or elsewhere. 

The situation in Venezuela was discussed at the Foreign Affairs Council on 15 May 2017. Ireland and other EU member States used this opportunity to publicly condemn the use of force in Venezuela and call for the fatalities of recent weeks to be fully investigated. We have urged both the Government and opposition to seek peaceful and democratic solutions to the crisis and have called on the Government to facilitate external agencies in addressing the urgent needs of the Venezuelan population, which is faced with a shortage of basic supplies such as food and medicines. 

Ireland’s view is that the establishment of a clear electoral calendar and the full restoration of the country’s democratic institutions will be critical to achieving a settlement to the crisis and we have urged the Government to engage in dialogue with the National Assembly and other relevant parties. I am concerned that the recent proposal to establish a Constituent Assembly may further undermine the democratic role of the National Assembly. 

While Ireland does not have diplomatic representation in Venezuela, officials at my Department and at our Embassy in Mexico, whose remit includes Venezuela, will continue to follow the situation closely and use any bilateral contacts with the government or opposition to urge a peaceful settlement to the crisis. 

​Question No. 257
Parliamentary Question - Oireachtas

To ask the Minister for Foreign Affairs and Trade if he will report on the EU Libya migration agreement; the efforts being made to safeguard refugees returned to Libya; and if he will make a statement on the matter.
- Darragh O'Brien.
* For WRITTEN answer on Tuesday, 11th July, 2017.
Ref No: 32298/17

REPLY

There is no EU Libya migration agreement as such. Rather the EU has proposed a number of ways to help Libya to manage and control the flow of migrants risking their lives, and it continues to seek solutions to prevent further loss of life and to improve conditions on the ground for migrants.  

The March European Council confirmed the EU’s commitment to assist Libya as set out in February’s Malta Declaration. That commitment is broad-ranging,  including capacity building, training, and the provision of equipment and support for the Libyan national coast guard and other agencies. It also seeks to ensure that there are adequate reception capacities in Libya for migrants, including through working with the UN High Commissioner for Refugees (UNHCR) and the International Organisation for Migration (IOM). 

In April, the EU approved a €90 million programme to step up protection of migrants and to reinforce migration management in Libya. A key objective is to provide multi-sectoral assistance and protection to migrants, refugees and host communities in different locations inside Libya, in particular inside detention centres, at disembarkation points and in urban settings. This programme is being implemented through a number of international agencies including the UNHCR and UNICEF. The €90m is in addition to the €120 million previously announced by the EU for migration-related support for Libya. 

Migration along the Central Mediterranean Route was discussed at the European Council in June, which made clear that continuing migratory flows leading to an ongoing loss of life remains an issue of urgent concern. It agreed that the EU and its member states had to step up coordination and delivery on all the elements contained in the Malta Declaration, the Partnership Framework and the Joint Valletta Action Plan, underpinned by sufficient financial resources. Training and equipping the Libyan Coast Guard is a key component of the EU approach and the Council agreed that it should be speeded up. Cooperation with countries of origin and transit is to be reinforced in order to stem the migratory pressure on Libya’s and other neighbouring countries' land borders. The European Council underlined in this context the importance of supporting the G5 Sahel Joint force (recently established to address the threat of terrorism, as well as the serious challenges posed by transnational organized crime in the region which comprises Burkina Faso, Chad, Mali, Mauritania and Niger). There, as elsewhere, the disruption of the business models of human smugglers and traffickers remains a key objective, including by better controlling the trade in equipment used by them.
The EU will continue its active engagement with Libya to see what more can be done to address the difficulties migrants face there.

​To ask the Minister for Foreign Affairs and Trade if he will report on the situation in South Sudan; the efforts being made by the government and the EU to help bring an end to the conflict; and if he will make a statement on the matter.
- Darragh O'Brien.
* For WRITTEN answer on Tuesday, 11th July, 2017.
Ref No: 32297/17

REPLY
(Minister of State, Mr. Ciaran Cannon T.D.)
I remain seriously concerned about the situation in South Sudan, where fighting continues to drive displacement, acute hunger and grave human rights abuses. 
Despite the announcement of the National Dialogue in December 2016, fighting has increased in recent months.  The conflict itself has fragmented, increasingly on ethnic lines. Ireland and our EU partners have repeatedly condemned the violence and I am especially concerned by recent reports of blockages to aid deliveries in the Equatoria region.
To resolve the political crisis and ensure unhindered humanitarian access, sustained collective effort is required regionally and internationally, including by the UN, the African Union, and the Inter-Governmental Authority on Development (IGAD). I therefore welcome the recent meetings of the IGAD Heads of State and Council of Ministers which demonstrated renewed efforts to seek an inclusive political solution to the conflict. 
Ireland and our EU partners have maintained our focus on South Sudan. At EU level, Council Conclusions adopted at the Foreign Affairs Council in December 2016 called on the South Sudanese leadership to uphold its duty to protect its citizens. EU efforts to stem the flow of weapons and resources fuelling the conflict have included the imposition of an arms embargo and restrictive measures against individuals obstructing the peace process. 
We have repeatedly highlighted the gross violations of human rights occurring in South Sudan, including at the recent session of the UN Human Rights Council in March 2017.  At a Special Session of the Council in December 2016, Ireland supported the renewal of the mandate of the Commission on Human Rights in South Sudan, and called for the maintenance of international support for the 2015 Agreement on the Resolution of the Conflict in the Republic of South Sudan.
Ireland has provided almost €48 million in humanitarian assistance for the South Sudan crisis since 2012, including assistance for South Sudanese refugees in neighbouring countries. So far this year, we have provided €9.2 million. Ireland is also providing support through core funding and other contributions to UN agencies and organizations, the Red Cross, and NGO pooled funds, all of which are providing assistance on the ground. International donors have provided over $990 million in humanitarian assistance for the South Sudan crisis since January this year, with the European Union, including the European Commission and Member States, contributing over $300 million.

​Question No. 255
Parliamentary Question - Oireachtas

To ask the Minister for Foreign Affairs and Trade if he will report on the status of Turkey's accession talks to the EU; and if he will make a statement on the matter.
- Darragh O'Brien.
* For WRITTEN answer on Tuesday, 11th July, 2017.
Ref No: 32296/17

REPLY
Turkey has been a candidate country since 1999. Accession negotiations began in 2005 and, to date, 15 chapters have been opened and one has been provisionally closed.
Although EU-Turkey relations are under considerable strain at present, Turkey retains its status as a candidate country. 
The situation in Turkey, including the future of the EU-Turkey relationship, has been discussed extensively by the EU, in particular at the informal meeting of Foreign Ministers on 28 April following the constitutional referendum on 16 April. While respecting the right of Turkey to decide on its system of governance, Ministers, including my predecessor Charlie Flanagan TD, reiterated their deep concerns about democracy, human rights, the rule of law and freedom of expression, including media expression, and their concern at the conduct and implications of the referendum. 
On 6 July, on learning of the arrest of the Executive Director of Amnesty International and nine others, I made a statement urging the Turkish authorities to respect the role played by NGOs in a functioning democracy, and I will continue to make clear our serious concerns about democracy, rule of law and freedom of expression, including media expression, and human rights, including the rights of minorities in Turkey. 
There has also been deplorably intemperate criticism by Turkish leaders of some partner member States.
However, the EU wants to see a stable, secure, economically successful and democratic Turkey. The Council and Commission continue to believe that a policy of critical engagement is in the interests of the long term future of all the citizens of Turkey, and, with that in mind, that accession negotiations should not be suspended.
Ireland fully agrees with this approach. We believe that the lines of communication must be kept open and this includes through the accession process, which gives us at least some leverage with which to encourage Turkey to return to European values. 
On the other hand, I acknowledge that on 24 November 2016 the European Parliament passed a resolution calling for a temporary freeze of negotiations. A further resolution reiterating this position was passed on 6 July. It calls for the formal suspension of accession negotiations without delay. Neither resolution is binding as decisions in relation to accession are a matter for the Council, but both reflect the serious concerns in relation to ongoing developments in Turkey.