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Dáil Éireann debate -
Thursday, 2 Dec 2004

Vol. 594 No. 2

Adjournment Debate.

Health Board Services.

I thank the Ceann Comhairle for the opportunity to raise this important matter on the Adjournment. I wish to bring to the Minister's attention the serious problem of long waiting lists for occupational therapy services via health board health centres. I understand that this is a problem across the country, but I deal with it on a daily basis in the South Western Area Health Board area, especially Ballyfermot, Crumlin and the south inner city. It is older people who have lost out most. They have been told that they must wait three or more years for assessment and a further period before the work is carried out. The health board's clients are looking for household adaptations to their bathrooms, bedrooms or entrances to their home to facilitate their mobility. The elderly people in question are still active and wish to remain in the community. They need a little assistance to allow them remain at home.

The people in question are on pensions and work on tight budgets. They have little discretion to obtain the services of private occupational therapists and to get the work done privately. They often live in the large housing schemes built by Dublin City Council and constructed with no regard for the fact that the residents will grow old. It seems the health boards have allowed their public occupational therapy services to run down. It also seems as though the professionals have not moved to rectify this situation.

The problems with the public occupational therapy service is a reflection on the corrosive effect of our public-private health service. Why have the public waiting lists been allowed to grow so long? A professional occupational therapist employed by the health board may be available for private work. At the same time the public waiting lists grow ever longer.

I would like to bring to the attention of the Dáil the case of an elderly lady living in the Islandbridge area of Dublin 8. This lady urgently needed an initial occupational therapy assessment but was told that it would be three years before she was seen by an occupational therapist. She is a member of a family of limited means. The lady and her husband are pensioners, while their only son is in receipt of disability benefit. As I know this family well, I offered to pay for a private occupational therapy assessment and to submit this report to the health centre in Cherry Orchard for it to provide the necessary chair and other devices. However, the health board refused to entertain this proposal and the private occupational therapist I contacted refused to do the initial assessment.

As a Labour Deputy, I would prefer a properly functioning public health service that puts the interests of the patient and client first. We are a great distance from this standard of care. We have a hybrid public-private system within which vulnerable people lose out.

I propose that the Minister for Health and Children put the power into the hands of the patient. In this case, I propose that the clients on the health board waiting lists be given vouchers to allow them obtain occupational therapy services from qualified occupational therapists. There is a similar system for chiropody services, which operates satisfactorily.

Nothing has been done to provide a more efficient public occupational therapy service. There is little or no use of occupational therapy assistants or walk-in centres. Advantage has been taken of a delay in providing occupational therapists.

It is disappointing that the health board structure, including the Dublin area health boards, continues to put such a stranglehold on the delivery of health services. The boards have considerable budgets and huge power but no accountability. It is impossible to track down responsibility for any given service. The mantra is that it is always somebody else's responsibility.

The South Western Area Health Board which covers my Dublin South-Central constituency has its headquarters in Naas, County Kildare. Responsibility for the services is dispersed geographically through the area health board and different boundaries operate, depending on the service. From a geographical point of view it is a mess. Could the health board services not be divided according to Dáil constituency boundaries, as is the case with the delivery of Dublin City Council services?

I thank Deputy Upton for raising this matter on the Adjournment. I am pleased to clarify the matter relating to the public occupational therapy service.

The Department's policy on older people is to maintain them in dignity and independence at home in accordance with their wishes and to provide a high quality of hospital and residential care for older people when they can no longer be maintained in dignity and independence at home.

The Department has been encouraging health boards to introduce personal care packages, PCPs, and home subvention for older people as an alternative to long-stay residential care. PCPs are specifically tailored to meet the individual's needs and could include the provision of a home help service, home subvention payments, arrangements for attendance at a day centre or day hospital and other services such as twilight nursing and occupational therapy. Services provided at day hospitals include therapy services, including occupational therapy services. PCPs allow older people the option to remain living in their own home rather than going into long-stay residential care.

The Department is aware of the need for additional occupational therapy services for people with disabilities. The Deputy is aware of the proposed investment by the Government in services for people with disabilities. The recent increases in funding of €205 million for services for people with disabilities, included in the Book of Estimates for 2005, brought the overall level of expenditure on disability specific services to over €2 billion. This included additional funding amounting to €70 million which will be used to put in place a range of new support services for people with intellectual, physical or sensory disabilities, autism and mental illness. It will entail the employment of more than 1,000 additional personnel to deliver these services. The €60 million capital funding announced yesterday in the budget will assist with the provision of the infrastructure required to support these developments in 2005.

The commitment announced yesterday by my colleague, the Minister for Finance, Deputy Cowen, regarding the revenue and capital funding investment programme over the period 2006-09 will amount to a cumulative investment of approximately €900 million. This unprecedented commitment to both revenue and capital funding will greatly assist the Department and the health services to build additional capacity within the services in a planned and co-ordinated manner to support the implementation of the key elements of the national disability strategy.

As part of that strategy and in accordance with a commitment in Sustaining Progress, the Department is conducting a strategic review of existing service provision, in consultation with relevant interests, with a view to enhancing health and personal social services to meet the needs of people with disabilities. As part of this review, I will arrange for the Department to give full consideration to the proposal Deputy Upton has put forward this evening.

Disabled Drivers.

I thank the Ceann Comhairle for the opportunity to raise this matter on the Adjournment. Yesterday I contacted by telephone the disabled drivers medical board's appeals office at the National Rehabilitation Hospital in Dún Laoghaire. I contacted the office again today to be greeted by a message on the answering machine that the disabled drivers medical board of appeal has ceased to function from the National Rehabilitation Hospital campus and to contact the budgets and economics division of the Department of Finance.

I was trying to contact the board of appeal to find out when a family friend would be called for assessment, following refusal by the Western Health Board to grant him a primary medical certificate on 6 May 2004. This was an extraordinary decision by the board as the individual in question suffered a severe stroke on his left side resulting in having no power in his left arm and leg. He was also left with other medical problems.

This man needs to have his car adapted to drive and have some independence. His wife wrote to the board of appeal on 23 June requesting an early call for assessment by the medical board of appeal. In response to her letter she was informed by the chairperson of the board of appeal in a letter of 5 July that there was a very long waiting list and that it might be a considerable time before the board was in a position to offer him an appointment.

In response to a parliamentary question tabled by the leader of Fine Gael, Deputy Kenny, on Tuesday, 19 October, the Minister for Finance stated that following two of the recommendations of the report of the interdepartmental review group concerning the peace process, amendments to the regulations governing the scheme were drafted to improve the operation of the medical appeals board and were signed on 23 July 2004. The amendments provided, among other provisions, for expanding the panel of medical practitioners serving on the medical board of appeal from three to five and introduced a six-month waiting period between an appeal and a subsequent application. However, despite the increase in medical practitioners from three to five, the individual in question was not called for assessment during the past six months. I understand he is not in a position to change his car without the tax concession.

The appeals system appears to have broken down and there is a serious disagreement between the board of appeal and the Department of Finance. Will the Minister of State explain to the House the nature of the problem with the board of appeal and when the dispute and apparent stand-off will be resolved? It is very unfair on this individual and many more like him. Not alone will he have to wait for six months to be assessed but now the appeals board is no longer in operation. As this may only affect a number of individuals it may not be of much concern to the Government. However, that is most unfair on those people and, in the case of this individual, whom I know, it is both a source of considerable hardship to the man concerned and his wife whose health is also affected by virtue that this concession has not been granted to her husband.

I urge the Minister of State follow up this matter. He has given a commitment and I know that he will do so. I am glad he is present because I know I can rely on him to do something about it.

I am pleased to take this opportunity to clarify the matter relating to the disabled drivers medical board of appeal.

The disabled drivers and disabled passengers' tax concessions scheme is operated by the Office of the Revenue Commissioners. The scheme provides for certain tax concessions in regard to the purchase and running of a vehicle for persons who meet particular medical criteria relating to physical disablement. The criteria of medical eligibility are as follows: the applicant is wholly or almost wholly without the use of both legs; the applicant is wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs; the applicant is without both hands or without both arms; the applicant is without one or both legs; the applicant is wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg; the applicant has the medical condition of dwarfism and has serious difficulties of movement of the lower limbs.

To qualify for tax concessions under this scheme, a person must be in receipt of a primary medical certificate issued by the senior area medical officer in his or her local health board. The disabled drivers medical board of appeal was established to hear appeals from individuals who have been refused such a certificate. The medical board of appeal to the disabled drivers and disabled passengers' tax concessions scheme is regulated by the Department of Finance under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994.

The role of the Department of Health and Children in the scheme is to provide nominations to the medical board of appeal, which is provided for in section 6 of these regulations. Amendments to the regulations governing the disabled drivers and disabled passengers' tax concessions scheme were drafted to improve the operation of the medical appeals board. These were signed by the Minister for Finance on 23 July 2004. As required under section 92 of the Finance Act 1989, both the Minister for Health and Children and the Minister for the Environment, Heritage and Local Government were consulted. The amendments provide for two changes to the existing regulations, namely to expand the panel of medical practitioners serving on the medical board of appeal from three to five and to amend the appeals process to the medical board of appeal by introducing a six-month waiting period between an appeal and a subsequent application and introducing the requirement for a second application to be certified by a registered medical practitioner to the effect that there has been material disimprovement in the medical condition since the previous application.

With regard to those serving on the medical board of appeal, the existing regulation states that, "On the nomination of the Minister for Health, the Minister for Finance shall appoint, for a period in each case of four years, three medical practitioners to the Disabled Drivers Medical Board of Appeal." The current situation, therefore, is that only three doctors sit on the board and that all three doctors must be present for an appeal hearing. To deal with the backlog of appeals cases under this scheme, it is proposed to increase the number of doctors on the medical board of appeal from three to five.

In accordance with the current regulations, the Tánaiste and Minister for Health and Children has been asked for and has provided the names of a number of medical practitioners considered to be suitable as nominees for the medical board of appeal. I understand the Minister for Finance is now making arrangements for these appointments.

My Department has been informed by the Department of Finance that the appeals board is in the process of being reconstituted. Issues also arise in regard to the staffing and administration of the work of the board arising from staffing changes. My Department and the Department of Finance are working to resolve these issues.

Social Welfare Benefits.

I am glad to have an opportunity to air this issue by way of the Adjournment debate. Through no fault of the Ceann Comhairle or of mine, I have unsuccessfully tried to raise this issue over recent weeks. Thankfully it has come before the House but, ironically, the issue has been resolved in the meantime, which is rather interesting. I am not sure if the Minister of State is aware of that. Ordinarily, I would be able to anticipate his speech and quote it word for word.

In this situation, an unfortunate individual was rendered homeless by virtue of the implementation of the savage 16 cuts imposed in last year's budget. It is appropriate that in discussing this issue, we would, by way of commemoration of that event, move into more fertile fields. However, while this particular case is resolved, identical cases to it are still in the offing. In my constituency, single people with housing needs are being asked to find rented accommodation for €500 per month. I do not know what kind of world the authorities live in but there is nothing available in my constituency in the private sector by way of flat or apartment for €500 per month. The same applies to the housing needs of a mother with one child.

The individual concerned was a single parent with two children who was in private rented accommodation. When it was discovered that he was on a FÁS course and that his income was slightly higher than it would otherwise have been, his rent contribution was raised from the equivalent of a county council rent to something in the region of €100 per week, which with two children was difficult for him to pay. Countless other cases identical to this happen every day.

A row has broken out between the health boards and the Department of the Environment, Heritage and Local Government. The health board has said as recently as today to a constituent of mine that it is not its job to house people but that of the Department of the Environment, Heritage and Local Government. I agree, but the Department is not doing so because no houses are available. When that happens, the supplementary welfare scheme, by way of rent support, is the only option left to support people with housing needs.

This situation warrants a close examination by the Minister of State, Deputy Tim O'Malley. I believe he is a caring and compassionate man who has genuine concerns and, in those circumstances, he should examine this situation. I can give him chapter and verse on many similar situations. I am sure my colleague, Deputy Costello, is aware of similar situations where people have no home. For reasons beyond their control, people cannot get a local authority house because thousands of others are on the list ahead of them. The only way they can get local authority houses is by becoming homeless, which is exactly what the unfortunate individual in my constituency had to do. He could not pay his rent so he ended up on the road. He was put into a hostel and was eventually housed from there. I am not sure that is the way it was intended to happen, but that is the way it did.

I urge the Minister of State, Deputy Tim O'Malley, to examine this. The situation is anti-family and anti-people. It is uncaring and has no regard to the situation in the marketplace in which the rent support system is supposed to pick up where the local authority system is unable, incapable or unwilling to help. If this is not addressed sooner rather than later, despite all the claims from the Government side of the House about how well the country is running, I assure the House that situations will arise this Christmas the like of which we have never heard before. I refer specifically to the hardship which is experienced by unfortunate individuals who are dependent on rent support and who would ordinarily be housed by the local authorities but who have no chance of being housed by them and are being sent around in circles to prove their case which involves the creation of further hardship for them.

The supplementary welfare allowance scheme provides for the payment of a weekly or monthly supplement in respect of rent to an eligible person whose means are insufficient to meet his or her accommodation needs and who does not have accommodation available to him or her from any other source. As the Deputy is aware, the scheme is administered by the health boards and neither I nor my Department has any role in decisions on individual claims.

Rent supplement is no longer in payment in the case raised by the Deputy because the person concerned has been allocated housing by the local authority. Social housing is a better solution than rent supplement for people on low incomes with long-term housing needs.

I agree.

The health board in this case, the South Western Area Health Board, has confirmed that one of its officials visited the person concerned at his new accommodation. Arising from this, the board has provided assistance by way of substantial exceptional needs payments to assist with the purchase of essential household appliances arising from his change of accommodation. The amount of rent that had been paid by the person concerned when he was on rent supplement was never a difficulty in this case. That was because his rent was below the board's maximum rent level applicable to a family of that size. This demonstrates that the Deputy is incorrect in stating that no accommodation is available at the rate allowable under the rent supplement scheme.

The Minister of State is wrong. His information is wrong. He should check the facts.

Under the standard assessment rules of the supplementary welfare allowance scheme, rent supplements are calculated to ensure that an eligible person, after the payment of rent, has an income equal to the rate of supplementary welfare allowance appropriate to his or her family circumstances less a minimum contribution, currently €13, which each recipient is required to pay from his or her own resources.

Up to €50 per week of additional income from part-time employment is disregarded in the means test. From January, this will rise to €60 as part of this year's budget package to further enhance the incentive to take up employment or training opportunities.

That is a massive increase.

Community employment is regarded as part-time employment for these purposes. Separately, there are also earnings disregards applied to the one-parent family payment to the person concerned. The aim of these earnings disregard is to help ensure that a person is better off as a result of taking up such an opportunity.

In my reply to Question No. 148 of 4 November 2004, I informed the Deputy that the South Western Area Health Board had advised my Department that the amount of rent supplement in payment to the person concerned up to June 2004 was based on the person's income from his one-parent family payment only. At that time, the board reviewed his entitlement to take account of the fact that the person concerned had additional income due to his participation in a CE scheme. Following this review, a reduced amount of rent supplement was put into payment in July 2004.

Now we are coming to the issue.

The board also advised that the person concerned was unsuccessful in appealing against this decision to reduce his rent supplement because the correct amount was in payment.

The board appealed to itself.

He was €50 per week better off because of participating in the CE scheme. He was subsequently requested to provide documentation confirming his continued participation in the CE scheme. As he failed to provided the details sought, payment of his rent supplement was suspended by the board at the end of August 2004.

They are to be put out on the road.

The Deputy will appreciate that people claiming a means-tested payment must provide relevant documentation about their income and that failure to do may lead to the suspension of payment, as happened in this case.

Departmental Offices.

I hope the Minister of State can grant me some light relief on this matter.

A comprehensive customer service for the public and for public representatives is vital. All public representatives and every member of the public who has had reason to contact the Department of Justice, Equality and Law Reform on some issue relating to non-nationals would say "amen" to the call for decent customer service in this regard. The number of obstacles which are in place is heart-breaking, as is the lack of a mechanism to communicate with and get information from the Department of Justice, Equality and Law Reform. Before the Minister for Justice, Equality and Law Reform, Deputy McDowell, was elected to the House, he made a huge rigmarole about an occasion on which he drove into the city and saw non-nationals queuing outside the Department in Mount Street. He described the scene as disgraceful and called for something to be done about it.

However, the same level of discrimination continues to operate now. Nothing has been done to facilitate a decent service for non-nationals. It is largely because there is an antipathy abroad that this is not an issue which needs to be fast-tracked or dealt with in a normal fashion. I can imagine that if the farmers wanted the headage scheme, a system would be in place whereby both members of the public and public representatives would be able to access the data immediately. They would never tolerate a situation in which they have to wait for long periods at the end of a telephone after which they still receive no answer.

The only access point to the relevant information in this case is the Garda immigration and citizenship division in Burgh Quay through which all queries must be processed. The queries are many in number and variety and include issues relating to residency, refugee status, Irish-born children, naturalisation and citizenship, visa applications for family reunions, marriage recognitions and deportations, all of which are dealt with by that one office. The office is only open in the morning and only on certain days. Visas for nationals are dealt with on Mondays, Wednesdays and Fridays and citizenship and naturalisation issues are dealt with on Tuesday and Thursdays, all between 10 a.m. and 12.30 p.m.

My secretary and I often spend an hour dialling constantly to get through to the office on any given day. Even then, one often receives an answer which is devoid of any real information informing one that, due to the large number of cases outstanding, it is not possible to state when the file will be examined or that the matter is in train and is being dealt with. No specific timetable or deadline information is available. It is a disgrace that people should be treated in this fashion. These are all vulnerable people who do not know what is their status or that of their families or spouses.

For example, a large number of people who have residency under refugee status or who are on work permits have applied to have their family members come to Ireland on visitors' visas for Christmas. I was informed today that thousands of such cases are with the Department but it cannot state when any of them will be granted. Christmas is coming and will not wait. Something must be done about this issue. If it is a question of personnel, they should be put in place. These cases involve family reunions, which should be a joyful time, and these people are in the country validly. Therefore, they should be entitled to some decency and courtesy.

As I do not have time, I will not refer to Irish-born children and their citizenship status. The number of such children who have been processed in a two-year period is very small. Can we create a system from which public representatives can get answers and which can be accessed by the general public? Can some type of public and transparent guidelines be provided so we can know what is happening?

I thank Deputy Costello for raising this matter. On behalf of the Minister for Justice, Equality and Law Reform, who cannot be here tonight, and for the benefit of the House in general I am pleased to respond to the matters raised by the Deputy. These matters have loomed large in the context of debate on the Irish Nationality and Citizenship Bill which is currently before the Oireachtas.

One objective of that Bill, and indeed the referendum which preceded it, is to facilitate the management of a sensible and orderly system of migration into the State. This is key to addressing the issues raised by the Deputy. The problems of bogus asylum claims and citizenship tourism must be tackled fairly and squarely, giving the Department of Justice, Equality and Law Reform an opportunity to provide a first class service to those members of our non-national community who are resident here lawfully, whether for economic, social or humanitarian reasons, and to those who wish to come here for genuine reasons.

The subject the Deputy raises is not new, although it may be more prominent in public debate given the huge increase in our non-national population. Deputies from all sides of the House have raised concerns about access to the immigration and citizenship division of the Department since the early 1990s, if not earlier. Whatever actions were taken in respect of those concerns clearly did not stand the test of time.

Bear in mind that no one contemplated then that Ireland would one day be seen as a good mark for people with no prospect of gaining access under normal immigration criteria, because of its thriving economy within the European Union. Nobody contemplated at that time that Ireland's asylum seeking population would mushroom from less than 100 per year to the second highest per capita in Europe. Nobody anticipated the extent to which the Irish born child phenomenon would grow. The Department of Justice, Equality and Law Reform was simply engulfed by these problems.

I acknowledge that the level of customer service on immigration and citizenship matters is less than it should be. The roots of that problem go back to the early 1990s and the resolution of those problems has been impeded by the large numbers of people attempting to abuse our immigration and asylum systems. To date this year the helplines in the immigration and citizenship division have dealt with over 40,000 telephone queries and not all of those calls were from persons whose intentions were honourable. The Minister is aware that there were many genuine callers who were unable to access those helplines.

As a result of the success that has been achieved in the area of asylum numbers — from almost 12,000 in 2002 to about one third of that this year — and the imminent enactment of sensible citizenship laws, the Minister is now in a position to deploy significantly more resources in the provision of mainstream immigration services without impacting on overall public service numbers. His approach will be imaginative and designed to stand the test of time. He is, for example, actively looking at the possibility of establishing a single immigration and naturalisation entity as a service within his Department. He is looking at mechanisms to allow the public to access information without having to contact the immigration and citizenship division.

Just yesterday the immigration division launched, on an experimental basis, a facility on the Department of Justice, Equality and Law Reform website which allows visa applicants who know their visa application number to determine whether a visa decision has been made and the nature of that decision. This initiative will, hopefully, become a permanent feature of the system within the next week or so, thus reducing the demand for access to the phone lines. In addition, the redeployment of staff which is already underway will also result in speedier decision making, resulting in a further reduction in the necessity for telephone contact.

These are but examples of the initiatives which are currently being contemplated and the Minister expects to make further announcements in the new year in that regard. The announcements will take account of the concerns of all interested parties, including those of Oireachtas Members.

The Dáil adjourned at 8.05 p.m. until 2.30 p.m. on Tuesday, 7 December 2004.
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