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Tuesday, 5 Nov 2013

Written Answers Nos. 1010-1029

Tobacco Control Measures

Questions (1010, 1011)

Catherine Murphy

Question:

1010. Deputy Catherine Murphy asked the Minister for Health if the increase of the tobacco retailers licensing charge proposed in Budget 2014 is purely a revenue-raising facility or if it is designed primarily as a public health promoting measure; if the former, if he has taken into account the potential loss to the State of revenues by an increase in black-market trade which may result from this measure; and if he will make a statement on the matter. [45891/13]

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Patrick O'Donovan

Question:

1011. Deputy Patrick O'Donovan asked the Minister for Health with regard to the licensing for the sale of tobacco products in a small rural shop, the cost to purchase this type of licence and if he will indicate the quantity of cigarettes that would need to be sold in order to recoup the cost of this licence; and if he will make a statement on the matter. [45896/13]

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Written answers

I propose to take Questions Nos. 1010 and 1011 together.

Retail measures were introduced in July 2009 (Point of Sale Display and Advertising Ban).

Currently under Irish Tobacco Control Legislation a retailer wishing to sell tobacco products must register with the Health Service Executive (HSE) and be placed on the Retail Register for the sale of tobacco products. Under the Public Health (Tobacco) Act 2002 as amended the HSE may charge a fee as may be determined by the Minister for Health. To date this has been a once off fee of €50 per applicant.

The Government proposes to increase the Retail Register fee during 2014 in the context of legislation to provide for the licensing of the sale of tobacco products as outlined in Tobacco Free Ireland which was approved by Government in July of this year.

Tobacco Control Measures

Questions (1012)

Patrick O'Donovan

Question:

1012. Deputy Patrick O'Donovan asked the Minister for Health with regard to the licensing of tobacco vending machines, if the licence required applies to the shop and vending machines or just the person supplying the vending machine; do the suppliers of said vending machines need to get a licence for each vending machine supplied to each shop or one single licence to cover all the shops they have vending machines in; and if he will make a statement on the matter. [45904/13]

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Written answers

Currently under Irish Tobacco Control Legislation a retailer wishing to sell tobacco products must register with the Health Service Executive (HSE) and be placed on the Retail Register for the sale of tobacco products. This includes the sale of tobacco products by self-service vending machines. Under the Public Health (Tobacco) Act 2002 as amended the HSE may charge a fee as may be determined by the Minister for Health. To date this has been a once off fee of €50 per applicant.

The Government proposes to increase the Retail Register fee during 2014 in the context of legislation to provide for the licensing of the sale of tobacco products as outlined in Tobacco Free Ireland which was approved by Government in July of this year.

Health Services Staff Training

Questions (1013)

Clare Daly

Question:

1013. Deputy Clare Daly asked the Minister for Health if training has been provided to staff in the Health Service Executive who are dealing with persons with a mental health condition; and if not, if he will justify this in view of how vulnerable these citizens might be. [46354/13]

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Written answers

As this is a service matter this question has been referred to the HSE for direct reply.

Tobacco Control Measures

Questions (1014)

Damien English

Question:

1014. Deputy Damien English asked the Minister for Health further to Parliamentary Question No. 104 of 15 October 2013, regarding his Department's participation in the high level implementation group to oversee the project plan for the introduction of plain packaging of tobacco products and where his Department outlined to the group from an intellectual property perspective the potential issues arising in relation to domestic and international law, the issues that he referred to in his response; if they are significant in terms of framing the proposed legislation; and if he will make a statement on the matter. [46446/13]

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Written answers

The work of the Steering Group is part of the deliberative process informing the drafting of heads of a Bill to regulate the retail packaging of tobacco products in Ireland. As such it would not be appropriate for me to give details of any discussions held by the Group at this time.

Treatment Abroad Scheme

Questions (1015)

Finian McGrath

Question:

1015. Deputy Finian McGrath asked the Minister for Health the position regarding treatment abroad in respect of a person (details supplied) in Dublin 9. [46474/13]

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Written answers

The Health Service Executive has been asked to examine this matter and to reply to the Deputy as soon as possible.

Health Services Access

Questions (1016)

Brendan Griffin

Question:

1016. Deputy Brendan Griffin asked the Minister for Health his views on the fact that Ireland is one of half of all 27 EU member countries that EU migrants can access full health care services without ever having paid contributions into the system; his views that this is contributing to Ireland becoming a destination for benefit tourism; and if he will make a statement on the matter. [46675/13]

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Written answers

Under the provisions of the Health Act 1970 (as amended), eligibility for public health services in Ireland is based primarily on residency and means.

Determining whether a person is "normally resident" is the responsibility of the Health Service Executive. A person living in Ireland for at least one year is generally considered by the HSE to be 'ordinarily resident' and is entitled to either full eligibility or limited eligibility for health services. People who have not been resident in Ireland for at least one year must satisfy the HSE that it is their intention to remain for a minimum of one year in order to be eligible for health services.

The Health Act 1970 (as amended) provides for two categories of eligibility for all persons ordinarily resident in the country, i.e. full eligibility (medical card) and limited eligibility (all others). Full eligibility is determined mainly by reference to income limits and is granted to persons who, in the opinion of the health Service Executive (HSE) are unable to provide general practitioner, medical and surgical services to persons and themselves and their dependants without undue hardship. There is a provision for discretion to grant a card in cases of "undue hardship" where the income guidelines are exceeded.

Persons living in Ireland and receiving a social security payment from another European Union/European Economic Area country or Switzerland, and not liable to contribute to the Irish Social Welfare System and not in receipt of an Irish Social Welfare Payment, may be granted a medical card under the provisions of EU Regulations.

Persons with full eligibility (medical card holders) are entitled to a range of services including general practitioner services, prescribed drugs and medicines, all in-patient public hospital services in public wards including consultants services, all out-patient public hospital services including consultants services, dental, ophthalmic and aural services and appliances and maternity and infant care services. They are also entitled to prescribed drugs and medicines subject to a €2.50 charge per prescribed item (maximum charge of €25.00 per month). Other services such as allied health professional services may be available to medical card holders.

People with limited eligibility (non-medical card holders) are entitled, subject to certain charges, to all in-patient public hospital services in public wards including consultant services and out-patient pubic hospital services including consultants services. The current public hospital statutory in-patient charge is €75 per night, to a maximum of €750 in any twelve consecutive months. Attendance at accident and emergency departments is subject to a charge of €100 where the patient does not have a referral note from his/her doctor. This charge applies only to the first episode of care.

Misuse of Drugs

Questions (1017)

Finian McGrath

Question:

1017. Deputy Finian McGrath asked the Minister for Health if he will provide an update on actions being taken to deal with our drug crisis. [46763/13]

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Written answers

Drugs misuse continues to be one of the most significant challenges facing our country. It is highly destructive and has devastating effects on individuals, relationships, families, communities and society in general.

Implementation of the National Drugs Strategy 2009-2016 which sets out Government policy in dealing with the drugs problem is being pursued across a range of Government Departments and Agencies. Solid progress is being made across the 63 Actions of the Strategy which are based around the five pillars of supply reduction, prevention, treatment, rehabilitation and research. The Oversight Forum on Drugs, which I chair, meets on a quarterly basis and reviews the implementation of the Strategy.

An annual progress report on the implementation of the actions of the National Drugs Strategy is compiled and the 2012 report is available on the Department of Health website.

Question No. 1018 answered with Question No. 1008.

Mobility Allowance Review

Questions (1019, 1045, 1244, 1248)

Caoimhghín Ó Caoláin

Question:

1019. Deputy Caoimhghín Ó Caoláin asked the Minister for Health the position regarding the review of the mobility allowance and motorised transport grant; the date on which the schemes will reopen; and if he will make a statement on the matter. [47287/13]

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Ciara Conway

Question:

1045. Deputy Ciara Conway asked the Minister for Health if the inter-Departmental group, chaired by the Department of the Taoiseach, has reported back on proposals for the operation of the new scheme or schemes for mobility allowance and the motorised transport grant, including eligibility criteria and administrative arrangements; and if he will make a statement on the matter. [45753/13]

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Robert Troy

Question:

1244. Deputy Robert Troy asked the Minister for Health when the replacement scheme for the mobility allowance scheme will be announced; and when this replacement programme will be in place to accommodate those who were so heavily reliant on the previous scheme. [47045/13]

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Patrick Nulty

Question:

1248. Deputy Patrick Nulty asked the Minister for Health about the interdepartmental group on the mobility allowance and motorised transport grant, if he will confirm the members of the committee; the number of times the committee has met since being established; the date on which the committee will release its reports; and if he will make a statement on the matter. [47088/13]

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Written answers

I propose to take Questions Nos. 1019, 1045, 1244 and 1248 together.

Conscious of the position of the Ombudsman that the Mobility Allowance and Motorised Transport Grant schemes were illegal in the context of the Equal Status Acts, both schemes were closed to new recipients on the 26th February earlier this year. Mobility Allowance payments continue to be made on a temporary basis by the Health Service Executive (HSE) to current recipients. These will continue to be made for a further period pending the commencement of new statutory provisions, in the interests of preventing hardship. The Motorised Transport Grant scheme remains closed.

The Inter-Departmental group was asked to develop detailed proposals for the operation of a new scheme or schemes, including eligibility criteria and administrative arrangements, and to report back to Government. The Group has submitted initial proposals to the Minister for consideration.

The Inter-Department group includes senior officials from the Departments of Taoiseach, Health, Social Protection, Finance, Public Expenditure and Reform, Environment, Justice and Equality, Transport, the Office of the Attorney General and the National Disability Authority. The group has met on 8 occasions.

The Government is very conscious of the needs of people with a disability and in particular the Government has a clear policy to support, subject to the resources available to it, the independence of people with disabilities. All of these matters will be taken into consideration when making a decision on future arrangements.

Medical Card Reviews

Questions (1020, 1144)

John Deasy

Question:

1020. Deputy John Deasy asked the Minister for Health the checks he has put in place to ensure that doctors cannot overclaim for medical card patients who have died or emigrated; if his Department has a fraud control system similar to the one operated by the Department of Social Protection; and if he will make a statement on the matter. [45607/13]

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Patrick O'Donovan

Question:

1144. Deputy Patrick O'Donovan asked the Minister for Health if the attention of his Department and or the Health Service Executive has been drawn to payments continuing to be made to GP's for the administration of the medical card scheme for persons who are deceased; if such payments were made known to the Health Service Executive during the years 2012 and 2013; if the HSE recouped the moneys paid; if he or the HSE deemed it necessary to have any such payments investigated by the relevant authorities including the Gardaí; and if he will make a statement on the matter. [46385/13]

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Written answers

I propose to take Questions Nos. 1020 and 1144 together.

Capitation fees are paid to General Practitioners where a person has eligibility for a Medical/GP Visit Card. Fees are not paid where eligibility no longer exists e.g. following an assessment of means, emigration or death. Under the Health Act 1970, there is an obligation on all card holders to notify the HSE of any change in their circumstances, which would put them above the Medical Card/GP Visit Card income guidelines.

In addition to the review of eligibility on expiration of a medical card, targeted reviews of eligibility were introduced during 2012, in relation to medical cards which had been inactive for more than 12 months. In such cases, medical card holders were formally contacted to confirm that they were still resident in the State. In cases where no response was received, eligibility was removed and the payment of capitation fees ceased.

In 2012, the HSE introduced data sharing with the Death Events Publication Service (DEPS) operated by the General Register Office (GRO). Death notifications are received by the HSE from the GRO on a weekly basis and payments to the GP are ceased immediately.

Where there is a delay in recording a death with the GRO, any amounts paid to GPs between the date of death and prior to the notification of the death to the HSE are recouped from the GP immediately the death information is received by the HSE.

In addition, GPs can update the database to reflect the death of patients on their GP list. In 2012, GPs made 4,400 such amendments and in all of these cases payments to the GP are ceased immediately.

Medical Card Reviews

Questions (1021)

John Deasy

Question:

1021. Deputy John Deasy asked the Minister for Health the number of reviews that were carried out on over 70's medical card applications following the budget changes introduced in 2012; if these same applicants will have to go through a further review following the 2013 budget changes; and if he will make a statement on the matter. [45608/13]

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Written answers

The Health (Alteration of Criteria for Eligibility) Act 2013 gave legislative effect to the Budget 2013 measure to reduce the gross income thresholds for an over-70s medical card and to provide for a scheme of assessment for an over- 70 s GP visit card. Following enactment, in the period from 5 April 2013 to 30 October 2013, 82,103 review application assessments have been conducted in respect of applicants and their dependants, if any, holding such eligibility.

Further changes were announced in the Budget 2014 on the gross income thresholds for an over-70s medical card. When the requisite legislation to bring these changes into effect is in place, all persons currently holding over -70s medical card eligibility will be subject to a review assessment. The purpose of these review assessments is to determine if persons will continue to hold eligibility under the revised income qualifying limits.

Medical Card Eligibility

Questions (1022)

John Deasy

Question:

1022. Deputy John Deasy asked the Minister for Health if applicants for the over 70's medical card are subject to the same discretionary conditions as those under 70 whereby financial hardship as a result of medical need may be assessed; and if he will make a statement on the matter. [45606/13]

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Written answers

Medical Card and GP Visit Card eligibility under the scheme for persons aged 70 or older is solely based on an assessment of gross income.

For persons person aged 70 or older who are assessed as ineligible under the gross income thresholds that apply, they may also have their eligibility assessed under the means tested medical card scheme. This assessment is based on net income and assessable outgoing expenses and the qualifying income thresholds under this scheme are lower than over -70s gross income thresholds. If a person is means assessed ineligible for a medical card under the general scheme and that person has other social, medical or financial circumstances relevant to an assessment of their ability to provide for their medical needs or the medical needs of any dependants they may have, these factors will be considered to decide if a medical card or GP visit card should be approved on discretionary grounds under the ‘undue hardship’ or ‘undue burden’ provision of the medical card scheme.

Medical Card Eligibility

Questions (1023)

Pearse Doherty

Question:

1023. Deputy Pearse Doherty asked the Minister for Health the number of persons in County Donegal that are currently eligible for a medical card; and if he will make a statement on the matter. [45619/13]

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Written answers

The HSE collates medical card data by Local Health Area. According to statistics at 1 October 2013, there are currently 91,091 persons holding medical card eligibility in the Donegal Local Health Area.

Medical Card Eligibility

Questions (1024)

Billy Kelleher

Question:

1024. Deputy Billy Kelleher asked the Minister for Health with regard to the clinic panel that has been set up to assess discretionary medical cards, if financial officers form part of the panel whereby they can accurately value the financial burden on persons and families where no medical card is awarded and a specific costing is placed on the patients needs that would have been covered under the medical card on such needs as therapy, medical equipment, medical supplies, hospital fees, general practitioner visits as well as consultant visits and so on; if not, if he will consider putting such assessors on the panel; and if he will make a statement on the matter. [45639/13]

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Written answers

The 1970 Health Act provides that persons who are unable, without undue hardship, to arrange GP services for themselves and family qualify for a medical card, having regard to the overall financial situation of the applicant and his/her dependants. Applications are, in the first instance, subject to a means assessment to determine if assessable income declared is within the set income limits to qualify for a medical card or a GP visit card. Medical card and GP visit card applications are considered in accordance with the Medical Card and GP Visit Card National Assessment Guidelines.

I am advised by the HSE that, if an application is assessed over the qualifying financial thresholds for both a medical card and GP visit card or assessed as under the qualifying thresholds for a GP visit card only, and the application also includes other medical, social or financial details that do not form part of the means assessment, the application will then be considered on discretionary grounds for a grant of a card under the ‘undue hardship’/unduly burdensome’ arranging of a GP service provisions of the medical card scheme of assessment. The assessment to be made in this instance is whether it is considered that "undue hardship"/"unduly burdensome" will occur or an ‘undue burden’ be placed on the applicant(s) in providing for his/her medical needs or his/her family dependants’ medical needs in the absence of medical card or GP visit card eligibility. Deciding Officers appointed from within the staff of the HSE Primary Care Reimbursement Service take decisions in relation to the consideration of applications to approve or decline the grant of a medical card/GP visit card on discretionary grounds.

The National Assessment Guidelines give guidance to a decision maker as to the relevant factors to have regard to in making an assessment as to whether the ‘undue hardship’/’undue burden’ provisions apply to the circumstances presented on an application. In particular, the guidelines state that the "exercise of discretion by the HSE, in favour of the applicant, should be considered where meeting the costs of services covered by a medical card or a GP visit card compromises the applicant’s or his/her family’s ability to meet the essential costs". In conducting this assessment, medical and social circumstances are taken into account. The decision maker may make appropriate inquires or seek advice from other sources to assist with coming to a decision on ‘undue hardship’/’undue burden’, e.g. the applicant’s Doctor(s), the HSE’s Medical Officers, Social Worker, etc.

In the case of an application that includes evidence as to an individual(s) medical condition, the HSE’s assigned medical officers are consulted for their professional advice and expertise and asked to make a recommendation on an application as to whether ‘undue hardship’ will occur or an ‘undue burden’ be placed on the applicant(s) in providing for his/her medical needs or his/her family dependants’ medical needs, having regard to the medical condition(s) presenting. This assessment necessarily involves the medical officers exercising their professional judgment and expertise to evaluate the cost of providing for a particular medical condition, as described on an application, and making a determination having regard to the assessed income and circumstances on an application whether ‘undue hardship’/’undue burden’ will occur in the absence of a medical card/GP visit card eligibility. The HSE is satisfied with the current operating procedures in this regard and satisfied that the panel of Medical Officers have the necessary professional expertise and judgment to effectively discharge this function.

Hospital Staff Issues

Questions (1025, 1101, 1102)

Maureen O'Sullivan

Question:

1025. Deputy Maureen O'Sullivan asked the Minister for Health the reason the salary offered in the urologist position for Temple Street Hospital is below the normal salary for these positions at €109,000; when the position is filled the reason the urologist will be working half the time in Temple Street and half the time in Crumlin; if his attention has been drawn to the fact that this may be making it difficult for the position to be filled and that it would impact on the quality of services for children with spina bifida and other health conditions; and if he will make a statement on the matter. [45633/13]

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Billy Kelleher

Question:

1101. Deputy Billy Kelleher asked the Minister for Health if reports in the press are correct that the urologist post for Temple Street Hospital is being advertised for €109K; his views on whether this is proving to be an obstacle for prospective candidates; the measures that will be taken to make the post more desirable; and if he will make a statement on the matter. [46157/13]

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Billy Kelleher

Question:

1102. Deputy Billy Kelleher asked the Minister for Health if it is true that the successful candidate for Urologist at Temple Street Hospital will have to divide their time 50/50 between Temple St and Crumlin; his views on whether this is best use of a badly needed specialist at Temple Street Hospital; and if he will make a statement on the matter. [46158/13]

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Written answers

I propose to take Questions Nos. 1025, 1101 and 1102 together.

The Children's University Hospital, Temple Street is the national tertiary care centre for spina bifida and hydrocephalus. All infants born in Ireland with spina bifida are transferred to Temple Street after birth for ongoing neonatal management. Children with spina bifida are seen by a multidisciplinary team at Temple Street which includes a consultant paediatrician with a special interest in spina bifida, a spina bifida nurse specialist and neurosurgery input. It is intended to recruit a consultant urologist in order to ensure dedicated urology input. A recruitment process took place in 2009/2010 and again in 2012/2013. As neither was successful, a new recruitment process is now in train and I am advised that the HSE is hopeful that this new recruitment process will result in a suitable candidate taking up the post.

In relation to the particular queries raised by the Deputies, I have asked the Health Service Executive to respond directly in these matters.

Mental Health Services Funding

Questions (1026)

Colm Keaveney

Question:

1026. Deputy Colm Keaveney asked the Minister for Health in reference to the statement by the Minister of State for mental health, Deputy Kathleen Lynch, on the RTE programme "This Week" which referenced the allocation of €20 million for investment in mental health in 2014, where she said, we, the mental health service, are getting €20 million this year and I have guaranteed that the additional €15 million will be available next year, if he will confirm that his Department has made this guarantee; if so, if he will restate that guarantee in response to this question; if this €15 million will be on top of the €35 million per year that the programme for Government committed to be ring-fenced each year for investment in mental health; if he will state the conditionality attached to this guarantee; and if he will make a statement on the matter. [45659/13]

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Written answers

Mental health has again succeeded in obtaining a substantial ring-fenced allocation, within the overall budgetary context. The current economic environment presents a significant challenge for the health system generally in delivering services. However, mental health is being treated as a priority in so far as we can.

The announcement in Budget 2014 of €20 million ring-fenced for mental health is in line with a commitment in the Programme for Government to accelerate the pace of change to develop a modern, patient-centred, and recovery orientated mental health service. This €20 million ring-fenced in Budget 2014 for mental health means that, despite serious resource pressures overall, funding of €90 million has been made available since 2012 up to end 2014, which has been specifically ear-marked for mental health and suicide prevention.

I can confirm to the Deputy that I have been assured that the remaining €15 million which was due in 2014 for mental health will be restored in 2015. I will also be advocating for an allocation of €35 million in 2015 for mental health.

Hospital Waiting Lists

Questions (1027)

Seán Crowe

Question:

1027. Deputy Seán Crowe asked the Minister for Health the number of paediatric patients waiting for inpatient orthopaedic procedures in Our Lady's Hospital Crumlin, the National Children's Hospital in Tallaght and in Temple Street Hospital. [45643/13]

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Written answers

The National Waiting List Management Policy, A standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, January 2013, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the HSE, sets out the processes that hospitals are to implement to manage waiting lists.

In relation to the particular queries raised by the Deputy, I have asked the Health Service Executive to respond directly to the Deputy in these matters.

Hospital Waiting Lists

Questions (1028)

Seán Crowe

Question:

1028. Deputy Seán Crowe asked the Minister for Health the number of adult patients waiting for orthopaedic inpatient treatment in Tallaght hospital. [45644/13]

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Written answers

The National Waiting List Management Policy, A standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, January 2013, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the HSE, sets out the processes that hospitals are to implement to manage waiting lists.

In relation to this particular query raised by the Deputy, I have asked the Health Service Executive to respond directly to the Deputy in this matter.

Hospital Waiting Lists

Questions (1029)

Seán Crowe

Question:

1029. Deputy Seán Crowe asked the Minister for Health the number of inpatient beds closed in the National Children's Hospital; and the timeframe in which these beds have been closed. [45645/13]

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Written answers

As this is a service matter, I have asked the HSE to respond directly to the Deputy.

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