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Tuesday, 8 Apr 2014

Written Answers Nos. 538-560

Adoption Legislation

Questions (538)

Billy Kelleher

Question:

538. Deputy Billy Kelleher asked the Minister for Children and Youth Affairs if she will consider reviewing section 98(1) and (2) to reduce the number of legal professionals to two and to include an adoptive parent; and if she will make a statement on the matter. [16212/14]

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Written answers

The Adoption Act 2010 has been in operation for nearly three years now. Since the implementation of the Act, as is often the case with complex legislation, issues have arisen in relation to the operation of the legislation and in the circumstances I think it is timely to consider a review of policy matters. Given the range and complexity of the issues this will require scoping and preliminary examination after which decisions will be made on the extent and time scale for the review. I do not know at this stage if proposals for legislative change will emerge from this review or the nature of such proposals. This review will inform future operational and legislative considerations regarding the Adoption Act 2010.

Adoption Legislation

Questions (539, 540, 541, 542, 543)

Billy Kelleher

Question:

539. Deputy Billy Kelleher asked the Minister for Children and Youth Affairs in relation to adoptions from the USA if she will clarify the following points with regard to the USA and the situation with ARC; the reason there is such a delay in delegating some of functions to them when they were accredited in June 2012; and if she will make a statement on the matter. [16225/14]

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Billy Kelleher

Question:

540. Deputy Billy Kelleher asked the Minister for Children and Youth Affairs in relation to adoptions from USA, PAPs at a conference in November 2013 was informed by a senior member of the AAI that the situation regarding the USA would be clarified vis a vis a notice on their website following a meeting on 25 November; the reason this has not happened; and if she will make a statement on the matter. [16226/14]

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Billy Kelleher

Question:

541. Deputy Billy Kelleher asked the Minister for Children and Youth Affairs in relation to adoptions from USA the number of packs currently with American agencies; if she will clarify which American Adoption agencies the Adoption Authority of Ireland is willing to cooperate with; the number of packs already in the USA that will be affected if ARC comes on board, fees, process and so on, would a situation similar to what happened in Bulgaria be repeated, how packs already in the USA will be affected if ARC does not come on board; if it be left to individual American agencies to proceed as they wish in respect of additional fees they may wish to charge PAPs; and if she will make a statement on the matter. [16227/14]

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Billy Kelleher

Question:

542. Deputy Billy Kelleher asked the Minister for Children and Youth Affairs in relation to adoptions from the USA if she is satisfied with the terms and conditions proposed by the American agencies willing to work with the Irish PAPS, in particular from the point of view that PAPs could potentially lose significant amounts of money; and if she will make a statement on the matter. [16228/14]

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Billy Kelleher

Question:

543. Deputy Billy Kelleher asked the Minister for Children and Youth Affairs in relation to adoptions from USA with PAPs currently on the books of adoption advocates whose suspension is coming to an end, the provisions being made by her office and the AAI to support these PAPs in the event that AA accreditation is refused; and if she will make a statement on the matter. [16229/14]

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Written answers

I propose to take Questions Nos. 539 to 543, inclusive, together.

I have asked the Adoption Authority to reply directly to the Deputy.

Adoption Services Provision

Questions (544, 545)

Billy Kelleher

Question:

544. Deputy Billy Kelleher asked the Minister for Children and Youth Affairs in relation to Adoptions from Bulgaria if there is a quota for Ireland, in view of last year's figures only four referrals were made to Irish PAPs, two adoptions were completed one post Hague, one pre Hague while there would be over 40 packs in the country at the moment, it is appropriate that some PAPs could see their adoptions monies tied up with ARC for almost ten years if there are only a handful; and if she will make a statement on the matter. [16241/14]

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Billy Kelleher

Question:

545. Deputy Billy Kelleher asked the Minister for Children and Youth Affairs in relation to Adoptions from Bulgaria if she, the AAI or ARC will confirm the number of packs in Bulgaria; if she or AAI have any influence on this; if the numbers of referrals will increase in 2014 and following years; and if she will make a statement on the matter. [16242/14]

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Written answers

I propose to take Questions Nos. 544 and 545 together.

I have asked the Adoption Authority to reply directly to the Deputy.

Adoption Legislation

Questions (546)

Billy Kelleher

Question:

546. Deputy Billy Kelleher asked the Minister for Children and Youth Affairs if she will provide an update on any progress made since April 2013 regarding adoptions on the two years plus one year extension of the validity of the declaration; and if she will make a statement on the matter. [16269/14]

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Written answers

The Adoption Act, 2010, which entered into force on 1 November 2010, gives force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption.

In April 2013 I streamlined the assessment process for those seeking to transfer from declarations of eligibility and suitability to adopt which are due to expire before the 31st of October 2013 that is those declarations which had been issued prior to I November 2010. This allowed prospective adoptive parents to apply for, and receive if eligible, a declaration of eligibility and suitability to adopt under Section 40 of the Adoption Act 2010 with the minimum of bureaucracy.

Child and Family Agency Investigations

Questions (547)

Joan Collins

Question:

547. Deputy Joan Collins asked the Minister for Children and Youth Affairs if she will confirm whether the new Child and Family Agency is involved in any legacy cases, investigated by Health Information and Quality Authority under the Health Service Executive, that is, the Dublin North West Social Services where there were a number of confirmed cases of abuse. [16475/14]

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Written answers

Foster Care Services in the former Local Health Area known as Dublin North West have been inspected by HIQA three times since September 2009. The most recent inspection took place in October 2012. Significant progress has been made since earlier inspections, however inspectors found that some deficits identified had not been rectified. In February 2013, the Minister for Children and Youth Affairs established a National Monitoring and Oversight Group within the HSE, which included input from a national expert on Foster Care, to ensure that the recommendations from the Action Plan were carried out. The Group met monthly and submitted a report in October 2013. The progress made against the eighty HIQA Actions included:

- The completion of a review of all outstanding concerns and allegations between 30 September 2009 and 31 December 2012 regarding foster carers in Dublin North West

- A child protection notification system (CPNS) is now in place.

- Stronger management oversight in relation to risk.

- Significant improvements in the governance and work of the Foster Care Committees.

The Deputy refers to legacy cases which I assume relates to unapproved foster carers. I am advised that foster care assessments for unapproved relative foster carers were scheduled to be completed by the end of the year with the exception of four complex cases.

The Agency has now responsibility for Foster Care Services and is continuing the work initiated by the HSE. A regional Oversight Group is in place which oversees implementation of the Action Plan and reports to the DCYA. The last report received in February 2014 indicates that an updated progress plan was submitted to HIQA in January 2014. In addition, the area manager for Dublin North City has met with HIQA on two occasions between November 2013 and January 2014. Risk and safety plans in respect of all children where concerns have been raised have been completed. Regular meetings are held between the manager with responsibility for the CPNS and monitoring officers to review all allegations and concerns and track any outstanding actions.

Parliamentary Questions Costs

Questions (548)

Joan Collins

Question:

548. Deputy Joan Collins asked the Minister for Children and Youth Affairs the costs to her Department to process and respond to a priority, an oral and a written Parliamentary Question. [16586/14]

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Written answers

The cost of answering a Parliamentary Question and indeed the time taken to answer all questions will vary considerably according to the nature of the question asked.

No staff in my Department are assigned full time to dealing with Parliamentary Questions. Parliamentary Questions are dealt with, as the need arises, by the staff in the sections dealing with the particular issue(s) raised in individual Parliamentary Questions. The number and level of staff and the time spent on an individual answer depends on the complexity and importance of the issue raised, the form in which the information exists in the Department and the form of the proposed response, i.e. whether oral or written.

In 2013 and to date in 2014, I have responded to some 1,670 Parliamentary Questions. Undoubtedly, a considerable amount of time is spent answering all these questions. However, it is not possible to quantify the cost for the reasons outlined above.

Question No. 549 answered with Question No. 519.

Youth Services Funding

Questions (550)

Charles Flanagan

Question:

550. Deputy Charles Flanagan asked the Minister for Children and Youth Affairs her plans for future funding for local youth projects and services to be administered by Laois/ Offaly Education and Training Board; and if she will make a statement on the matter. [16642/14]

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Written answers

My Department administers a range of funding schemes and programmes to support the provision of youth services to young people throughout the country including those from disadvantaged communities. These schemes include the Youth Service Grant Scheme under which funding is provided to support 31 national and major regional youth organisations. Targeted supports for disadvantaged, marginalised and at risk young people are provided through the Special Projects for Youth Scheme, the Young Peoples Facilities and Services Fund, Rounds 1 and 2, Local Drugs Task Force Projects and certain other programmes including the Local Youth Club Grant Scheme and Youth Information Centres. In 2014, current funding of €49.78m has been provided to my Department for these schemes.

Laois/Offaly Education and Training Board (ETB) is one of a number of bodies (in the main these are the ETBs) that administer funding on behalf of my Department.

In 2014, funding of €203,554 will be provided to the ETB for local youth services as follows:

Special Projects for Youth Scheme - Offaly

Grant

Tullamore Traveller Movement Project

€42,248

Tullamore Youth Development Project

€80,653

Special Projects for Youth Scheme - Laois

Laois Youth Services

€80,653

Under the Local Youth Club Grant Scheme small grants are made available to youth clubs to support local level activities. The 2014 allocations for the scheme to be made available to each ETB, are being finalised by my Department at present. It is anticipated that Laois/Offaly will be notified of the allocation for its area by early Summer.

My Department is undertaking a Value for Money and Policy Review of a number of the youth funding schemes that target disadvantaged young people including the Special Projects for Youth Scheme. The review will make recommendations for the future operation of these youth schemes and will shape their development in the years ahead to ensure quality effective, value for money services that are evidence based and designed to secure the best outcomes for young people. The review’s recommendations will further inform the development of a new Youth Strategy which will aim to improve coordination between Government Departments and youth sector organisations with a view to maximising the effectiveness of State funding in achieving youth policy objectives. It is planned that the Youth Strategy will be completed later this year.

Early Childhood Care Education

Questions (551)

Dominic Hannigan

Question:

551. Deputy Dominic Hannigan asked the Minister for Children and Youth Affairs if there are any exceptions to be granted for a child who was born five hours after the deadline for the free ECCE places; the person who needs to be contacted; the information necessary if an exception were to be granted; and if she will make a statement on the matter. [16675/14]

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Written answers

The Early Childhood Care and Education (ECCE) programme provides a free pre-school year to all eligible children.

Children are eligible to avail of the free pre-school year where they are aged more than 3 years 2 months and less than 4 years 7 months at 1 September in the relevant year. Children born between 2 February 2010 and 30 June 2011 will qualify for the free pre-school year in September 2014 and children born between 2 February 2011 and 30 June 2012 will qualify for the programme in September 2015.

Therefore, children born in July 2011 are below the age range for eligibility for the programme in the school year 2014/15, but will qualify in the school year 2015/16. There is no provision under the programme to enrol children who are below the qualifying age.

The objective of the ECCE programme is to make early learning in a formal setting available to eligible children in the year before they commence primary school. To achieve this, services participating in the pre-school year are expected to provide age-appropriate activities and programmes to children within a particular age cohort. For this reason, it is appropriate to set minimum and maximum limits to the age range within which children will qualify.

Adoption Legislation

Questions (552)

Jack Wall

Question:

552. Deputy Jack Wall asked the Minister for Children and Youth Affairs her views on a submission (details supplied) regarding adoption; her plans to address this very sensitive issue; if she will investigate the proposals in the submission and act upon them; and if she will make a statement on the matter. [16746/14]

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Written answers

I fully appreciate that the desire to know one's identity, or to re-establish contact with a child, is very fundamental and entirely reasonable. I acknowledge that the existing procedures in the area of information and tracing, both legislative and administrative, are not ideal and I have been anxious to see improvement in this regard.

As I have stated on a number of occasions it is important to note that complex legal and constitutional issues have arisen in the drafting of the Bill. A particular challenge has arisen in the attempt to reconcile an adopted person’s request for information about his or her identity with the right to privacy of his or her birth parent where consent has not been provided. The right to privacy has been firmly established as a constitutional right through a series of legal cases which began in 1974 with McGee v. Attorney General, which concerned marital privacy, and culminated in the Kennedy v. Ireland case in 1987 where a general Constitutional right to privacy was recognised. The right to privacy was also recognised in the IO'T v .B case, a supreme court case from 1998. The case concerned two people who were the subject of so-called " informal" adoptions. The majority of the Court held that a natural child had an implied constitutional right to know the identity of his or her mother though this had to be balanced against the right of the natural mother to privacy.

My Department is continuing to consult with the Office of the Attorney General on this and on a number of related issues. One reason for the discussions with the Attorney General is to continue to tease out precisely how this can be done in the context of what I must state is extremely strong legal advice about the constitutional protection of the rights of the natural mother to privacy. I continue to explore how far the Government can go in building into legislation that right of the adopted person to get access to information without breaching the Constitution. This is the reason it is taking this length of time to draft the Heads of Bill.

I intend to submit the Heads of Bill for Government approval as soon as these issues have been addressed. Once approved by Government, the Heads of Bill will be sent to the Oireachtas Committee on Health and Children for its detailed consideration. The process of sending the Heads of Bill to that Committee will ensure that the provisions of the proposed legislation will be subject to public scrutiny and it is of course open to that Committee to invite and encourage submissions from all interested parties.

I have been anxious to see improvements to existing procedures for the provision of adoption information and tracing services, which are provided nationally by the Child and Family Agency. A number of religious orders have transferred records from their Mother and Baby Homes and Adoption Societies to the Child and Family Agency. Work by the Agency on the organising and storage of these records is underway and the advice of the National Archives has been sought in relation to the proper storage of these records that are of great significance.

I have raised the importance of arrangements for the management of these records directly with the Child and Family Agency and I have also asked my officials to examine the work that could be undertaken with the Child and Family Agency, the Adoption Authority and other stakeholders to improve arrangements for managing and accessing the records that are available.

I would urge birth mothers to enrol on the National Adoption Contact Preference Register which was established in 2005 to assist adopted people and their natural families to make contact with each other, exchange information or state their contact preferences. Applicants decide, through a range of information and contact options, how they wish to proceed. The Adoption Authority of Ireland has responsibility for the operation of the Contact Preference Register. I believe there is an opportunity in the context of the considerable public attention this area is receiving to promote awareness amongst women whose children were adopted of the importance of registering their consent for contact to be re-established.

I can assure you that I am anxious to provide access to as much adoption information as possible taking account of relevant legal and constitutional considerations.

Health Services Provision

Questions (553)

Michael Healy-Rae

Question:

553. Deputy Michael Healy-Rae asked the Minister for Health the position regarding speech and language assistance in respect of a child (details supplied) in County Kerry; and if he will make a statement on the matter. [16274/14]

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Written answers

As the particular issue raised by the Deputy relates to an individual case, this is a service matter for the Health Service Executive. Accordingly, I have arranged for the question to be referred to the HSE for direct reply to the Deputy.

Medical Aids and Appliances Provision

Questions (554)

Brian Walsh

Question:

554. Deputy Brian Walsh asked the Minister for Health if inner ear hearing aids are available under the GMS scheme; if a person (details supplied) in County Galway will be considered for replacement inner ear hearing aids; and if he will make a statement on the matter. [15955/14]

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Written answers

Medical Card holders can apply to the HSE for assistance with aids and appliances to treat their medical condition. The HSE has therefore been asked to examine this matter and to reply to the Deputy as soon as possible.

Medical Card Reviews

Questions (555)

Tom Fleming

Question:

555. Deputy Tom Fleming asked the Minister for Health if he will expedite a medical card review in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [15956/14]

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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.

The Health Service Executive operates the General Medical Services scheme, which includes medical cards and GP visit cards, under the Health Act 1970, as amended. It has established a dedicated contact service for members of the Oireachtas specifically for queries relating to medical cards and GP visit cards, which the Deputy may wish to use for an earlier response. Contact information has issued to Oireachtas members.

Medical Card Applications

Questions (556)

Terence Flanagan

Question:

556. Deputy Terence Flanagan asked the Minister for Health if a medical card will issue in respect of a person (details supplied) in Dublin 13; and if he will make a statement on the matter. [15957/14]

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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.

The Health Service Executive operates the General Medical Services scheme, which includes medical cards and GP visit cards, under the Health Act 1970, as amended. It has established a dedicated contact service for members of the Oireachtas specifically for queries relating to medical cards and GP visit cards, which the Deputy may wish to use for an earlier response. Contact information has issued to Oireachtas members.

Disability Support Services Provision

Questions (557, 604)

Michael Lowry

Question:

557. Deputy Michael Lowry asked the Minister for Health the current waiting lists being faced by children in County Tipperary who are awaiting speech and language assessment; his views on whether this wait is acceptable, in view of the importance of early intervention; and if he will make a statement on the matter. [15958/14]

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Michael Lowry

Question:

604. Deputy Michael Lowry asked the Minister for Health the current waiting lists being faced by children in County Tipperary who are awaiting assessment by occupational therapists; his views on whether this wait is acceptable, in view of the importance of early intervention and the impact delays will have on the childs ability to access SNA resource support in school; and if he will make a statement on the matter. [16292/14]

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Written answers

I propose to take Questions Nos. 557 and 604 together.

Health related therapy supports and interventions for children can be accessed through both the Health Service Executive’s primary care services and its disability services.

The HSE's National Service Plan 2013 provided for additional funding of €20m to strengthen primary care services. This comprises over €18.5m for the recruitment of over 260 primary care team posts and over €1.4m to support community intervention team development.

In terms of disability services, therapy services for children are currently being reconfigured into geographically-based multidisciplinary teams, as part of the HSE’s Progressing Disability Services for Children and Young People (0-18years) Programme. The objective of this Programme is to achieve a national, unified approach to delivering disability health services so that there is a clear pathway to services for all children, regardless of where they live, what school they go to or the nature of their disability. The National Service Plan 2014 provides for targeted investment of €4m for the roll out of this Programme which equates to 80 additional therapy posts. The additional investment that is being made in both primary care and disability services and the re-configuration of children’s disability services into geographically-based multidisciplinary teams will have a positive impact on the provision of clinical services for all children requiring access to health related supports.

I have asked the HSE to reply directly to the Deputy in respect of the specific local operational matters that he has raised.

Dental Services Provision

Questions (558)

Jack Wall

Question:

558. Deputy Jack Wall asked the Minister for Health if a person (details supplied) in County Kildare has an entitlement to dental treatment under the GMS scheme; and if he will make a statement on the matter. [15963/14]

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Written answers

The Dental Treatment Services Scheme (DTSS) provides access to dental treatment for medical card holders over the age of 16. The Public Dental Service of the HSE provides dental services for children up to 16 years of age and persons with special needs through its dental clinics.

Medical Card Drugs

Questions (559)

Dara Calleary

Question:

559. Deputy Dara Calleary asked the Minister for Health if the drug Pradaxa is covered under the GMS scheme; if not, the options available to patients who use this drug to alleviate the financial costs; and if he will make a statement on the matter. [15974/14]

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Written answers

Pradaxa is available under the GMS Scheme, the Drug Payment Scheme and other community drugs schemes for the prevention of blood clots in adult patients who have undergone elective hip replacement surgery or elective knee replacement surgery.

Pradaxa has also been approved for the extended indication of stroke prevention in atrial fibrillation as a second line therapy in circumstances where warfarin may not be appropriate. When a patient requires access to this product, an application form for reimbursement approval must be completed by the physician responsible for the patient's anticoagulation and forwarded to the Primary Care Reimbursement Service for prior approval.

Medical Card Applications

Questions (560)

Seán Ó Fearghaíl

Question:

560. Deputy Seán Ó Fearghaíl asked the Minister for Health the position regarding a medical card application in respect of a person (details supplied) in County Kildare; if he will expedite this application; and if he will make a statement on the matter. [15975/14]

View answer

Written answers

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

The Health Service Executive operates the General Medical Services scheme, which includes medical cards and GP visit cards, under the Health Act 1970, as amended. It has established a dedicated contact service for members of the Oireachtas specifically for queries relating to medical cards and GP visit cards, which the Deputy may wish to use for an earlier response. Contact information has issued to Oireachtas members.

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