Skip to main content
Normal View

Seanad Éireann debate -
Tuesday, 27 Mar 2018

Vol. 257 No. 1

Commencement Matters

Health Services Provision

I thank the Minister of State for his time today. I am raising the issue of health care for transgender people in Ireland and the widespread deficiencies that exist in terms of standards, access and trans-specific knowledge in the Irish health service. As the Minister of State will be aware, Ireland ratified the current version of the European Social Charter 18 years ago, and submits regular reports to the Council of Europe's European Committee of Social Rights, which determines compliance with the charter. In Ireland's 14th national report on the implementation of the European Social Charter, submitted for 2017, transgender issues are not mentioned even once. When the Irish Human Rights and Equality Commission commented on the report, it said that health care for transgender persons in Ireland is inadequate, in terms of meeting their needs, reflecting complex processes, inadequate provision of services and inadequate levels of knowledge and awareness among health professionals.

This analysis was agreed with by the European Committee of Social Rights, which reiterated these concerns in its 2017 annual conclusion. That two respected human rights bodies have come to the same conclusion regarding transgender health care in Ireland today is why I have tabled this Commencement matter. The bottom line is that we are failing transgender people in Ireland under article 11.1 of the European Social Charter by not providing guaranteed access to health care in practice. This needs to change, and I would appreciate it if the Minister of State would outline in detail the steps being taken by the Government and the Department of Health to rectify this.

Transgender people have a very specific range of health care needs. It is critically important that relevant and appropriate services are available in order to facilitate and meet those needs. These include: gynaecological and urological care, reproductive options, voice and communication therapy, mental health services, and hormone and surgical treatment. The World Professional Association for Transgender Health lists these as essential services to assist transsexual, transgender and gender non-conforming, with safe pathways to achieving lasting, personal comfort with their gendered selves. It also lists the importance of social and political climates that provide and ensure social tolerance, equality and the full rights of citizenship, and in this respect at least, there have been great improvements in Ireland recently.

It is four years since the enactment of the Gender Recognition Act 2015, and we can all feel collectively proud of that ground-breaking legislation, as Ireland became one of the first countries in the world to enshrine self-declaration of gender into its law. That law told transgender people in Ireland that we respected their identities, their autonomy and valued and included them as equal citizens in this State. However, legal recognition is only the beginning of the realisation of true equality for transgender people in Ireland.

We need appropriate and accessible health care at a minimum to allow for greater realisation of trans identities.

With the Gender Recognition Act, we rejected stigmatising and unnecessary medical diagnostic models for the legal recognition of gender. Yet such models are still in place in determining access to trans-specific health care, and this must end.

In terms of hormone replacement therapy, the unacceptable waiting lists were highlighted in this House by Senator Warfield a number of weeks ago. However, delays are not the only concerning part of such provision in the Irish context. There is a clear reliance on a psychiatric diagnosis which falls outside the World Professional Association for Transgender Health, WPATH, guidelines, which instead advocates for best practice in line with an informed consent model. This over-reliance on psychiatric diagnosis, as distinct from a psycho-social analysis, of how the State treats trans-people for hormone replacement therapy is problematic and needs to be changed.

I understand there is currently only one diagnosing psychiatrist and prescribing endocrinologist operating in Ireland. While I understand a recruitment process is under way, the concern is that simply hiring more psychiatrists for this area will reinforce the medical diagnostic model which I have outlined, and this is not international best practice. This service should be opened up and decentralised. The World Professional Association for Transgender Health recommended that general practitioners be empowered to dispense the therapy as they are all trained to do so. General practitioners administering hormone replacement therapy to assist gender people is a common occurrence. Will the Minister of State give a commitment today to investigate the feasibility of this even on a pilot basis?

I also understand that despite the HSE claiming that no separate list exists for transgender individuals seeking hormone replacement therapy that, in practice, such a separation does exist, and this is one of the root causes of the huge delays. Will the Minister commit today to investigating this claim and ending that practice?

I met representatives of the This Is Me transgender health care campaign last week who outlined these concerns to me in detail. Will the Minister of State or the Minister for Health, Deputy Harris, meet representatives of the campaign, hear their concerns and consider their constructive proposals on how this could be resolved.

I thank the Senator for raising this important issue for transgender persons in Ireland. I recognise the deficits in the service provision to the transgender community and the unprecedented increase in the demand for services, particularly among children and adolescents. To address this, the HSE has developed a model of care for transgender children, adolescents and adults. The model was developed in consultation with the key treating clinicians, planners, policy-makers, advocates and service users. The model outlines the key services required to address the needs of the transgender population, including children and adolescents. It builds on the current service provision and identifies emerging service demand. It also draws on evidence-based international best practice.

I understand actions are under way to resource and support health care services at hospital, community and primary care levels in order to develop a national service for adults, adolescents and children in the transgender community. Eight key posts will be recruited in 2018 for adult services, including a consultant endocrinologist, a consultant psychiatrist, two senior psychologists, a clinical nurse specialist, a social worker and a speech and language therapist. A further three key posts in child and adolescent service will be filled, including a consultant endocrinologist, a senior psychologist and a clinical nurse specialist. These actions will address the waiting times and immediate service needs of children, adolescents and adults in transition.

The HSE, across mental health, acute hospitals, primary care and social inclusion programmes, is committed to building services for the transgender community in accordance with international best practice. The issues raised by the Senator are very important if she thinks the model being used is not the accurate or correct one. We have had that debate in the disability sector for many years. People were trying to use the medical model instead of a social care model to deal with people with disabilities. I would be interested to hear the Senator develop that point.

An undertaking has been given to building services for the transgender community in accordance with best international practice.

Further work will be undertaken to identify additional priorities to be developed and resourced in 2018. In addition, the Health Service Executive has supported Transgender Equality Network Ireland, the national advocacy service for the transgender community. It provides funding for the posts of training and education manager and family support worker. These posts have provided education and training for staff across the HSE. Furthermore, the HSE has supported a training programme for speech and language therapists to develop the skills to support transgender people.

Transgender-specific guidelines have been developed by the World Professional Association for Transgender Health and the Endocrine Society. The guidelines recommend a comprehensive multi-disciplinary psycho-social assessment prior to commencement of hormone therapy by endocrinology services. They highlight several criteria which must be met prior to referral for hormonal intervention. It is important that co-occurring conditions be identified and addressed, including mental health difficulties, self-harming behaviour, suicidality and autistic spectrum disorders. Accessing supports to manage co-occurring difficulties can impact on the response to medical transition. I believe informed consent is essential whereby the benefits and risks of hormone treatment and surgery are discussed with individuals seeking these interventions. The emerging evidence on good outcomes following medical and/or surgical transitioning is based on the use of a multi-disciplinary psycho-social assessment, the fulfilment of criteria for hormones and ongoing psychological support throughout the process.

The Department of Health and the HSE are committed to providing health care services to meet the complex needs of transgender people and ensuring adequate levels of knowledge and awareness among health professionals to meet these needs.

We are running out of time, but I will allow Senator Lynn Ruane ask a brief supplementary question.

I thank the Cathaoirleach. I will make a number of quick points. Will the Minister of State agree to look at the fact that there are separate lists for hormone replacement therapy, HRT, with cisgender people being placed on one list and transgender people being placed on another, instead of everyone being one the one list? This is causing delays. The HSE is trying to state it does not happen, but members of the transgender community are the ones who are trying to access the service and, therefore, best equipped to know if it is their experience.

There is an ongoing recruitment process, but it is still very much led by psychiatry. Will the Minister of State examine the possibility of Department of Health officials meeting members of the This is Me campaign because they have solid proposals to make, an understanding and insight into the reason this is a problem, rather than having a much more holistic approach focused on the issue as if it was a mental health disorder. They are constantly sent through psychiatry services before they can access HRT. Will the Minister of State consider the possibility of departmental officials meeting members of the This is Me campaign and investigate the separation of lists for HRT.

I will raise the issue of separate lists for the transgender community with the Minister, Deputy Simon Harris. I agree strongly with the Senator that the current system is psychiatry-led, but the only way to resolve these issues and change the entire model of care is for the Minister, representatives of the HSE and departmental officials to meet members of the This is Me campaign. I will put these proposals to the Minister. I am also available to meet members of the group.

Home Help Service Expenditure

I welcome the Minister and very much appreciate him taking the time to deal with this matter which concerns a cost analysis undertaken in the HSE of the provision of home care services. I raise the issue because, on the one hand, the private sector is being criticised severely for the charges it requires people who need home help to pay and, on the other, is being compared with the HSE in that regard. However, what is not being taken into account are the costs incurred by the private sector which includes insurance costs, organisational costs and the cost of renting premises.

These are part of the costs the private sector incurs in providing home care to people around the country. A private provider may charge a contract of €22 or €24 an hour for the service. From that, the provider may pay €12.50 or €13 an hour to a carer. However, there are many other costs which they incur which must come from that overall figure. On the other hand, when the HSE provides a service, the cost of administration is not taken into account. The HSE does not have to pay rates, and insurance is covered by an overall insurance policy for the country. We have never seen a breakdown of the cost analysis of home care provided by the HSE.

While the private sector gives advice to the HSE as to how services should be run, the HSE refuses to take on board these recommendations. However, one now finds those in the private sector are recruited by the HSE to provide exactly the same services the private sector told the HSE it should not deliver to those who require home care. Has a cost analysis been done on how much it costs to provide an hour of home care if the person is employed through the HSE? If not, are there plans for such a cost analysis to be carried out? We need to do it now because we have a growing number of people living longer who will require additional home supports. Over 637,000 people are over 65. In 12 to 15 years, that figure will be over 1 million people. We must develop the home care package and ensure we are getting it in a cost-effective manner. I am not convinced that is happening.

I thank Senator Colm Burke for raising this matter. He has been pushing for reform of the health services and has been supportive of my portfolio.

The HSE has sought to maintain, and where possible to expand, the range and volume of services available to support people to remain in their own homes, to prevent early admission to long-term residential care and to support people to return home following an acute hospital admission.

Home support services were a particular area of focus in budget 2018, with an additional €18.25 million allocated to them. The resources available in 2018 bring the total budget for the direct provision of services to €408 million. The HSE's national service plan provides for a target of some 17.094 million home support hours to 50,500 people. Home support services are provided either directly by the HSE or through voluntary and private providers. Service provision is identified through a needs assessment undertaken by a HSE professional for the purposes of identifying the person's needs and suitable service which will support the person to continue to live in his or her own home as independently as possible. The average cost per hour paid by the HSE to service providers encompasses all costs relating to service delivery, including the employee's salary, paid leave, employer's PRSI, travel, administration, training, etc. All providers who meet the HSE standards incur costs in addition to the direct cost of the salary of the worker. Such costs are essential to the operation of the service to the required standards.

In the absence of regulation of the sector, the HSE has put in place formal arrangements with external providers to deliver publicly funded home supports to the standards and requirements of the HSE.

The HSE has, therefore, tendered on a number of occasions for providers of home support services so as to create an "approved provider" list in each of its geographic areas. The criteria to be successful at tender includes adherence to a level of standard of service provision as well as cost of provision of the service. In general, costs to the HSE per hour will range between €20 and €25, inclusive of pay and overheads, and will also depend on when the individual service is being provided. The utilisation of external providers delivers essential additional service capacity across the system without which many older people would not be able to remain at home.

The costs of delivery of service has increased due to general cost increases and to increased delivery of non-core hours of service at weekends, bank holidays and late evenings together with the costs of delivering an increasingly skilled workforce caring for older people with higher levels of dependency who would otherwise require long-stay residential care. The HSE has implemented increased contract hours for its directly employed staff in 2014 and is now in the process of offering improved contract hours in 2018.

In conclusion, it should be noted that the Department is developing a new statutory scheme for the financing and regulation of home support care services. This will be an important step in ensuring that the system operates in a consistent and fair manner for all those who need home care services.

I accept fully what the Minister of State is telling me but has the HSE or the Department ever sat down and done a detailed cost analysis within the HSE because we should not be comparing like with like in respect of the private sector and the HSE? I believe that the cost of the HSE delivering the same service as that delivered by the private sector could be up to between €30 to €35 per hour. Those are the figures I am getting. Nobody has actually sat down and done a decent cost analysis. Could the Department give consideration to a pilot cost analysis to see exactly what it is costing and how we can deliver more hours for people who require home care in a cost-effective manner right across the country?

I will bring the Senator's concerns to the Minister because we are talking about public money and I accept the Senator's valid argument. As I said previously, the total budget in 2018 for the direct provision of services is €408 million. Regarding the point about hours, at the moment, the HSE hourly rate will range between €20 and €25, inclusive of pay and overheads. I accept the Senator's point regarding the other figures he mentioned. There should be some sort of independent assessment to find out the facts of the case. I will put those points to the Minister and come back to the Senator.

Criminal Prosecutions Data

I welcome the Minister for Justice and Equality to the House. I am very grateful to him for coming in to respond to the matter I have put down, namely, what mechanisms for gathering data exist regarding the operation of the new prostitution-related offences of purchase of sexual services under the Criminal Law (Sexual Offences) Act 2017 and how it is proposed to record instances of the new offences and to measure the impact of the new law overall. In the week after the Facebook revelations have emerged, I am conscious that any question about gathering data sounds somewhat suspect but, clearly, this is a very important question relating to how we can measure the impact of the new offences introduced in the Criminal Law (Sexual Offences) Act. Today marks the first anniversary of the enactment of the 2017 Act.

The anniversary was marked earlier outside the gates of Leinster House by a group of organisations. I pay tribute to the great work they did over a number of years to bring about the change in the law. I pay particular tribute to the Turn Off the Red Light campaign, Ruhama and the Immigrant Council of Ireland among others. I worked with all of them on the justice committee, as did many colleagues. A committee recommendation ultimately led to the enactment of the new offence of purchase of sexual services.

However, I am conscious that a three-year review period is built into the Act and one year has passed. The organisations are seeking to ensure adequate resourcing and training of gardaí to operate the new offence successfully, and my party colleague, Deputy Sherlock, will ask questions in the Dáil about that. My question relates to the measurement of the impact of the new offence. Denise Charlton of the UCD sexual exploitation research project, who was very involved in the campaign to change the law to criminalise purchase of sex, has pointed out that solid data are needed to ensure the law is working. I note concern on the part of the Immigrant Council of Ireland and others that the progress in implementing the law and making it part of policing practice has been slow to date. There is concern about issues such as accommodation for victims of trafficking who often end up living in direct provision centres. While anecdotally we hear from Ruhama and others that women feel safer because they are not being criminalised, given another effect of the legislation was to decriminalise the selling of sexual services, we do not have access to relevant data to ascertain how the Garda is enforcing the offence of purchase of sexual services. For example, have arrests been made under the new legislation? Have there been any recorded instances of the offence? Have there been prosecutions, although I do not believe there has been? Such basic policing data would be helpful. That is the reason for tabling the matter and I have done so on a particular date, which is the first anniversary of the enactment of this important legislation.

I thank the Senator for raising this important matter and I acknowledge her strong record in this policy area over many years and her contribution in ensuring this legislation was placed on the Statute Book.

I would like to remind the House of the provisions of the Act, as they refer to prostitution-related offences. Part 4 provides for two new offences of purchasing sexual services in the context of prostitution. The purpose of these offences is to target the demand for prostitution. This Part also removes those who provide sexual services through prostitution from the existing offences of soliciting and loitering for the purpose of prostitution. The new offences under the Act are, first, a general offence of paying to engage in sexual activity with a prostitute, which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1,000 for a second or subsequent offence, and, second, the more serious offence of paying for sexual activity with a trafficked person, in the context of prostitution, an offence which carries a potential penalty of up to five years imprisonment and-or a fine. In both cases, the person selling or, in the case of a trafficked or exploited person being forced to sell, the sexual service will not commit an offence.

The Criminal Law (Sexual Offences) Act was enacted on 22 February 2017, and much of the Act, including the provisions I have just described, was commenced on 27 March 2017 - one year ago today, as the Senator said. Since then, the offences have been available for investigation and prosecution by An Garda Síochána and the Office of the Director of Public Prosecutions. The operation of the offences, and data gathering mechanisms in respect of same, are operational matters for those organisations. I acknowledge the work of many support organisations in this area, in particular, the Turn Off the Red Light campaign, Ruhama, Ms Denise Charlton and others.

A new incident category on PULSE, titled "Purchase of Sex" will capture the offence of the purchase of sexual services. This is part of PULSE Release R7.3 and is scheduled to be live on PULSE by 30 March 2018.

It will provide a facility to capture all incidents relating to the purchase of sexual services. The Garda national protective services bureau is monitoring the impact of the offences and is developing initiatives to ensure adequate and proper enforcement. Senator Bacik will be aware that arrangements for the measurement of the impact of the law are set out in section 27 thereof. The section specifies that a report will be prepared after three years on the number of arrests during the initial three-year period in respect of the new offences, as well as an assessment of the impact of the offences on those who provide sexual services for payment.

Senator Bacik is right to speak about resources. Last night, I attended the annual conference of the Association of Garda Sergeants and Inspectors where the issue of resources for training on new legislation such as this was discussed. As Minister, I am very keen to ensure the resources the Government provides to An Garda Síochána are focused on these new areas of activity and investigation, all of which are extremely important in the context of this reforming legislation.

I thank the Minister for his kind words. I should have paid tribute to the Minister's predecessor, Deputy Frances Fitzgerald, who played a key role in driving through the legislation. I accept that data gathering mechanisms are operational matters for An Garda Síochána and the office of the DPP but there has been a good deal of concern about how data are gathered by the Garda in recent weeks, particularly homicide data and data on domestic violence. It is important to ask these questions. I hope to do this in a constructive manner to assist in ensuring the legislation is implemented effectively. I am glad to hear the new PULSE category will be made live by the end of this week on 30 March. It is good to hear. I am glad initiatives to ensure enforcement are being developed. I will keep the matter on a priority list by raising Commencement matters as much as I can.

I think I am right in saying the report on the number of arrests made must be prepared within the three-year period. I hope we will have data in advance of that, perhaps in a few months' time, on the number of arrests and incidents recorded. Will the Minister indicate if that will be possible? I intend to raise the issue again to assist the Minister and his officials in ensuring the new law is effective.

I would be very happy to explore the issues raised by Senator Bacik in the context of ensuring the House is fully informed of developments and can continue to offer help, assistance, support and influence over the process. The exact nature of the report mandated under the new Act has not yet been decided. Information provided by the women's health service of the HSE and by organisations such as Ruhama and An Garda Síochána will form part of the report. These organisations work together towards the protection and welfare of those engaged in prostitution and the investigation of criminality where it arises. Officials from my Department have been engaged in discussions with these and other organisations as part of a civil society-led working group to support the implementation of the Act. In this regard, I acknowledge the support and active engagement of Senator Bacik and others, which I very much welcome.

I would be happy to subject myself to questioning and regular reviewing of how matters are progressing. Within An Garda Síochána, the Garda national protective services bureau plays a very important and lead role in the provision of operational guidelines on the policing of prostitution and brothels. Within the bureau, Operation Quest is a national unit primarily involved in investigations targeting organised prostitution and habitual brothel-keeping right across the country. A major part of the work undertaken as part of Operation Quest is the raising of awareness among those engaged in sex work of the services available to them in terms of their welfare, support and health, including support to exit prostitution.

I thank Senator Bacik for raising the issue. If there are any specific aspects of the matter she would like me to pursue, I would be happy to do so.

Sitting suspended at 3.05 p.m. and resumed at 3.30 p.m.
Top
Share