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Tuesday, 10 Dec 2013

Written Answers Nos. 545-560

Medical Negligence Cases

Questions (546)

Michael Healy-Rae

Question:

546. Deputy Michael Healy-Rae asked the Minister for Health his views on correspondence (details supplied) regarding the distress caused to families who have taken cases against the Health Service Executive; and if he will make a statement on the matter. [53102/13]

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Written answers

The management of clinical negligence cases taken against the HSE is delegated to the State Claims Agency (SCA) which has a statutory mandate to investigate and manage these cases to completion. I am advised that the SCA, wherever it is proper to do so, based on expert medical and legal advice, admits breach of duty at the earliest possible opportunity to avoid distress to patients and their families. Many of these cases however, particularly those involving catastrophic injuries, are very complex in nature and require time to investigate the liability and causation issues. This inevitably involves some delay before a formal admission of liability, if appropriate, can be made.

In relation to medical malpractice generally, on Tuesday 12th November this year, the HSE launched National Open Disclosure Policy, Guidelines and supporting documents following on from a joint HSE State Claims Agency national pilot project in relation to Open Disclosure. Open Disclosure is defined as “an open consistent approach to communicating with patients and their families when things go wrong in healthcare. This includes expressing regret for what has happened, keeping the patient informed, providing feedback on investigations and the steps taken to prevent a recurrence of the adverse event”. One of the key recommendations of the Madden Report was the development and support of a culture of open disclosure to patients and their next-of-kin, following an adverse event resulting in harm to a patient. The upcoming Health Information Bill will contain a provision to afford some degree of protection for healthcare personnel in line with the Madden Report. This is also consistent with a recommendation in a consultation paper published by The Law Reform Commission in 2008 that “a statutory provision be considered which would allow medical practitioners to make an apology and explanation without these being construed as an admission of liability in a medical negligence claim”.

Health Services Staff Data

Questions (547)

Seán Kyne

Question:

547. Deputy Seán Kyne asked the Minister for Health the number of assistant directors of public health nursing on a county basis; if the filling of vacancies arising in these positions is subject to the moratorium on public sector recruitment; and if persons appointed to such positions are available for front-line health service duties. [53125/13]

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Written answers

The reduction in size of the public service has been an essential component of the approach to addressing the State’s fiscal difficulties. This has been combined with a firm focus on improving public service efficiency and effectiveness. The Haddington Road Agreement provides for some five million additional working hours annually. These measures will enable the health service to continue to reduce overall numbers, while maintaining services and service levels to the greatest possible extent. The HSE can make staff appointments once it remains within its overall employment ceiling and has the financial resources to do so. As requested by the Deputy, set out in the table is the number of Assistant Directors of Public Health Nursing by Local Health Office.

Local Health Office

WTE

Carlow/ Kilkenny

5

Cavan/ Monaghan

2

Clare

7

Cork North

7

Cork North Lee

4

Cork South Lee

4

Cork West

2

Donegal

8

Dublin North

7

Dublin North Central

3

Dublin North-West

7

Dublin South City

3

Dublin South-East

2

Dublin South-West

3

Dublin West

3

Dún Laoghaire

4

Galway

5

Kerry

2

Kildare/ West Wicklow

4

Laois /Offaly

7

Limerick

9

Longford/ Westmeath

4

Louth

3

Mayo

6

Meath

4

Roscommon

4

Sligo/ Leitrim

3

Tipperary, North/ Limerick, East

7

Tipperary, South

2

Waterford

5

Wexford

2

Wicklow

3

Other

2

Total: October 2013

141

I have asked the HSE to address the Deputy's question in so far as it relates to vacancies arising in this grade and the extent to which persons appointed are available for frontline health service duties.

Voluntary Sector Funding

Questions (548)

Billy Timmins

Question:

548. Deputy Billy Timmins asked the Minister for Health the amount of funding that his Department gives to Irish charities; the name of each organisation that receives funding; the amount of funding each organisation receives; the number that are open and transparent regarding salaries; and the steps he is taking to deal with non-disclosures. [53552/13]

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Written answers

The information relating to these costs is not readily available. The information is being collated and I will get back to the Deputy as soon as possible regarding this matter.

Bus Éireann Staff

Questions (549, 550, 558, 559, 560)

Gerry Adams

Question:

549. Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport the number of full-time service bus drivers there are in Bus Éireann. [52499/13]

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Gerry Adams

Question:

550. Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport the number of managers of all grades there are in Bus Éireann; and if he will provide a breakdown of numbers of managers per grade. [52500/13]

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Gerry Adams

Question:

558. Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport if his attention has been drawn to the fact that a recommendation arising from the Labour Relations Commission of 16 May 2013 on proposals to resolve the dispute at Bus Éireann included a joint initiative to maximise operational effectiveness; this initiative was to establish a new and appropriate mechanism to regularly exchange views and develop actions to impact on maximising performance of the company's assets. [52508/13]

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Gerry Adams

Question:

559. Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport if his attention has been drawn to the fact that even though all grades of staff, after ballots were held, and including Bus Éireann management, accepted the Labour Relations Commission initiative, the joint initiative to maximise operational effectiveness has not been put into place. [52509/13]

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Gerry Adams

Question:

560. Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport if he will use his office to ensure the joint initiative to maximise operational effectiveness will come into being in the immediate future. [52510/13]

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Written answers

I propose to take Questions Nos. 549, 550 and 558 to 560, inclusive, together.

The issues raised are matters for Bus Éireann and I have forwarded the Deputy's questions to the company for direct reply.  Please advise my private office if you do not receive replies within ten working days.

Bus Éireann Staff

Questions (551, 552, 553, 554, 555, 556, 557, 570)

Gerry Adams

Question:

551. Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport the reduction in driver staff he expects if the proposed National Transport Authority plan for 10% of routes transferring to private operators goes ahead. [52501/13]

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Gerry Adams

Question:

552. Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport the reduction of management personnel that is expected if the National Transport Authority's proposed 10% reduction of Bus Éireann routes goes ahead. [52502/13]

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Gerry Adams

Question:

553. Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport his views on whether there will be complex questions arising from the proposed use of TUPE in the case of staff transferred into a private operator. [52503/13]

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Gerry Adams

Question:

554. Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport if TUPE is to be used, if the Bus Éireann staff transferred into any private operator will be allowed to transfer back into Bus Éireann in the event of a private operator having a contract withdrawn by the National Transport Authority or any other authority. [52504/13]

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Gerry Adams

Question:

555. Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport his views that as stakeholders in this process the Bus Éireann drivers' views and concerns should be considered during any proposed process by the National Transport Authority at present and into the future. [52505/13]

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Gerry Adams

Question:

556. Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport if his attention has been drawn to the fact that the National Transport Authority has not met either the Bus Éireann drivers or their union representatives; if he will use his position or influence to arrange such a meeting at the earliest opportunity. [52506/13]

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Gerry Adams

Question:

557. Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport his views on whether Bus Éireann has met all of the targets and requirements, consistently achieving 95% to 98% of target levels, as set down by the National Transport Authority in its quarterly reports. [52507/13]

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Thomas P. Broughan

Question:

570. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport the rationale underpinning the decision to increase the number of Bus Éireann and Dublin Bus routes that will be open to tender by private operators; if he will provide details of the tendering process that will be in place for these routes. [52861/13]

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Written answers

I propose to take Questions Nos. 551 to 557, inclusive, and 570 together.

The objective of Government is to ensure a system of public transport throughout the country that is as efficient and as widespread as possible and the National Transport Authority has a key role in realising this objective. The award of Public Service Obligation (PSO) contracts for the bus market falls under the independent statutory remit of the National Transport Authority (NTA), which has direct responsibility for this area.  The direct award contracts for the provision of PSO bus market services held by Dublin Bus and Bus Éireann expire late next year. The awarding of the licences for the services thereafter is a matter for the NTA  and not for Government, but I have kept the Cabinet updated on the process. Both Minister Kelly and I met with trade unions representing workers in Dublin Bus and Bus Éireann on 21st November last in relation to the proposals outlined by the NTA in the recent consultation process. On the 5th of December, in accordance with the provisions of the Dublin Transport Authority Act 2008, the NTA announced that about 10% of publicly subvented (PSO) bus services will be tendered out with the new services commencing in the summer of 2016.

It is recognised that there are a number of concerns in relation to potential tendering for PSO services.  These include the impact on industrial relations and cost savings measures within CIE at a general level and the specific implications of Transfer of Undertakings legislation (TUPE) and related issues.  However, it must be recognised that the proposals outlined in the consultation process are relatively modest and there will be a long lead-in before any tendering takes effect. Furthermore, it is of course open to the two incumbent companies to compete for any tendered routes, so it should not be assumed that there will be any reductions in staff numbers or that TUPE will even arise.

Following the announcement by the NTA on 5th December, these issues need to be addressed by it and the bus companies through constructive engagement with the unions in the course of the procurement process over the next two years.  I undertook to the trade unions at our meeting that I would contact the NTA to seek to have such a structured engagement put in place and I wrote to the Chairman of the NTA on 26th November to that end. It is important to remember that it will be open to Bus Éireann and Dublin Bus to tender for these contracts. The winning tenderer will be required to deliver a specified service under which the timetables, fares and standards of service will be set down by the NTA. The intention is that a better service can be procured for the same PSO subvention that is currently provided, or that the same service can be provided for a lesser cost to the tax-payer.

Questions Nos. 558 to 560, inclusive, answered with Question No. 549.
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