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Wednesday, 25 Jun 2014

Written Answers Nos. 191 - 210

Hospital Waiting Lists

Questions (191)

Eoghan Murphy

Question:

191. Deputy Eoghan Murphy asked the Minister for Health when and the way the Health Service Executive is to clear the waiting list for bariatric surgery in Loughlinstown weight management clinic; if additional funding will be provided; and if he is committed to reducing the waiting list for bariatric surgery to a maximum of one year [27570/14]

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Written answers

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

Services for People with Disabilities

Questions (192, 193)

Stephen Donnelly

Question:

192. Deputy Stephen S. Donnelly asked the Minister for Health if he will provide in tabular form, the amount spent on commissioning therapists in private practice to undertake assessments under the assessment of need process for the years 2011 to 2013; and the amount spent to date in 2014. [27574/14]

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Stephen Donnelly

Question:

193. Deputy Stephen S. Donnelly asked the Minister for Health the projected spend by the Health Service Executive on commissioning therapists in private practice to undertake assessments under the assessment of need process for 2014 and 2015; his plans to employ more therapists in view of the fact that the age limit for assessment of need has been increased leading to far greater demand for assessments than was envisaged initially; and if he will make a statement on the matter. [27575/14]

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Written answers

I propose to take Questions Nos. 192 and 193 together.

Part 2 of the Disability Act 2005 was commenced on 1 June 2007 in respect of children aged under 5. In 2008, the then Government decided, in the light of financial circumstances, to defer further implementation of the Disability Act 2005 and the Education for Persons with Special Educational Needs Act 2004. However, in light of legal advice following on a ruling of the High Court, children born after 1 June 2002 are being treated by the HSE as eligible to apply for an assessment under the Act. Part 2 of the 2005 Act provides for an assessment of the needs of eligible applicants, occasioned by their disability, to be commenced within three months of receipt of an application and completed within a further three months.

Although the HSE recognises that it faces significant challenges in respect of meeting the statutory time-frames which apply to the assessment of need process given the number and complexity of cases, it has taken a number of measures to address the issue. While any delay in assessment or intervention for any child is not desirable, the assessment process under the Disability Act can take place in parallel with any intervention which is identified as necessary. The HSE has issued guidance to its staff that where there is a delay in the assessment process, this should not affect the delivery of necessary and appropriate interventions identified for a particular child.

Following the publication of a report commissioned from the National Disability Authority by the Department of Health and the Health Service Executive, a major emphasis is being placed on reconfiguring disability services for children into integrated multidisciplinary geographically-based early-intervention and school-aged teams as part of the implementation of the Progressing Disability Services for Children and Young People Programme. This involves the roll-out of a new model of service, the objective of which is to bring about equity and consistency, with a clear pathway for children with disabilities and their families to services, regardless of where they live, what school they go to or the nature of their difficulty. The Programme is a key priority for the HSE in 2014 with an additional €4m allocated to assist in its implementation.

My Department has requested the HSE to provide the Deputy with the detailed operational information that he has sought.

Long-Term Illness Scheme Applications

Questions (194)

Jack Wall

Question:

194. Deputy Jack Wall asked the Minister for Health the position regarding a long-term illness card in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [27576/14]

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Written answers

The HSE is responsible for the administration of the primary care schemes, therefore, this matter has been referred to the HSE for attention and direct reply to the Deputy.

General Practitioner Services

Questions (195, 196)

Jack Wall

Question:

195. Deputy Jack Wall asked the Minister for Health the position regarding an application for the provision of a doctor in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [27582/14]

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Jack Wall

Question:

196. Deputy Jack Wall asked the Minister for Health the position regarding the appointment of a doctor in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [27584/14]

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Written answers

I propose to take Questions Nos. 195 and 196 together.

As this is a service matter, it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services

Questions (197)

Finian McGrath

Question:

197. Deputy Finian McGrath asked the Minister for Health the position regarding a long-term care plan in respect of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [27585/14]

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Written answers

As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply to the Deputy.

Question No. 198 answered with Question No. 160.

Public Transport

Questions (199)

Robert Troy

Question:

199. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport the reasons for withdrawing the weekly service Dublin to Longford bus via Ballynacargy; if he will consider reinstating same; and if he will make a statement on the matter. [27426/14]

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Written answers

The issue raised is a matter for the National Transport Authority (NTA) and I have forwarded the Deputy's question to the NTA for direct reply.  Please advise my private office if you do not receive a response within ten working days.

Aviation Issues

Questions (200, 201, 202)

Billy Kelleher

Question:

200. Deputy Billy Kelleher asked the Minister for Transport, Tourism and Sport the documentation required by the Irish Aviation Authority from a flight school (details supplied) for the acceptance of multi-engine piston rating and multi-engine instrument rating; and if he will make a statement on the matter. [27438/14]

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Billy Kelleher

Question:

201. Deputy Billy Kelleher asked the Minister for Transport, Tourism and Sport if he will provide a list of UK flight examiners eligible to conduct flight tests for IAA certificate approval; and if he will make a statement on the matter. [27439/14]

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Billy Kelleher

Question:

202. Deputy Billy Kelleher asked the Minister for Transport, Tourism and Sport if a logbook endorsement by an Irish flight school is sufficient evidence as proof of training for multi-engine instrument rating or are flight training records required; and if he will make a statement on the matter. [27440/14]

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Written answers

I propose to take Questions Nos. 200 to 202, inclusive, together.

Aviation safety regulation and oversight is the statutory responsibility of the Irish Aviation Authority (IAA). I have forwarded the Deputy's questions to the IAA for direct reply. If you do not receive a response within the next 10 working days please contact my Office.

Sports Capital Programme Data

Questions (203)

Éamon Ó Cuív

Question:

203. Deputy Éamon Ó Cuív asked the Minister for Transport, Tourism and Sport the number of voluntary secondary schools that have been given grants for sports halls under the capital sports grant scheme since March 2011; the names of the schools in question; the amount approved for each school; and if he will make a statement on the matter. [27528/14]

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Written answers

Details of all allocations made under the Sports Capital Programme are available on the Department's website. The specific information requested by the Deputy on funding provided towards indoor sports halls in schools is not available and its compilation would involve a disproportionate amount of work.

Penalty Points System Offences

Questions (204)

John O'Mahony

Question:

204. Deputy John O'Mahony asked the Minister for Transport, Tourism and Sport the reason penalty points are not applied to a person's licence from the date of the offence, for example, if a person caught speeding on 22 April 2014 pay their fine the points are only applied to the person's licence from 14 July 2014; the reason for the delay in applying the point; and if he will make a statement on the matter. [27571/14]

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Written answers

The penalty point endorsement of driver licences is set out in Sections 5 and 7 of the Road Traffic Act 2002. Penalty points are endorsed on a driver's licence following either the payment of a fixed charge notice or a conviction in court of the person of a penalty point offence. A notice is sent to the licence holder to inform them that the penalty points will be endorsed on their licence beginning on the appropriate date, and will remain on the driver's licence for a period of 3 years. The legislation provides that the appropriate date is 28 days from the date of this notice.  

The provisions in the 2002 Act, in relation to the appropriate date, recognise that as a result of the endorsement of penalty points, a person may face the application of an automatic disqualification from driving. Section 3 of the Act establishes that where a person accumulates at least 12 penalty points, he or she will be disqualified for a period of 6 months.

Aviation Issues

Questions (205)

Clare Daly

Question:

205. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport the reason a solution similar to that reached in relation to the language colleges which shut down, allowing students to finish at much discounted fees, was not considered in respect of the Pilot Training College shut down. [27592/14]

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Written answers

Following the collapse of the Pilot Training College in 2012, the Irish Aviation Authority (IAA) made every effort to assist the students of the College to complete their training. I understand that, the IAA engaged with the relevant stakeholders in Florida and here in Ireland to enable the continuation of training for a number of students who were in a position to fund the completion of their training with other training providers.  In addition, the IAA funded and helped facilitate the repatriation of those students who were training in Florida to Ireland on a once-off basis.

The responsibility of the IAA with regard to flight training organisations extends to the oversight of the safety, quality and standard of the training being delivered, and the conduct of examinations and flight tests to the appropriate EU standard. While the IAA engaged with other training providers with a view to facilitating those students who wished to continue their training with other training providers, the fees charged are a commercial matter for these companies which are private entities. The fees payable for pilot training are on a different scale to language training fees so the accommodations reached for some of the students affected by the recent closure of some language training schools are not comparable to the situation involving the collapse of the Pilot Training College.

The failure of the Pilot Training College in terms of its contractual obligations to its students is a matter of company law and appropriate to the Office of the Director of Corporate Enforcement.

Early Childhood Care Education

Questions (206)

Michael Healy-Rae

Question:

206. Deputy Michael Healy-Rae asked the Minister for Children and Youth Affairs the position regarding payment of fees in respect of a child (details supplied) in County Kerry; and if he will make a statement on the matter. [27486/14]

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Written answers

The Early Childhood Care and Education (ECCE) programme was introduced in January 2010 and provides a free pre-school year for each eligible child before commencing primary school. Approximately 68,000 children availed of the free pre-school year in the 2012/2013 academic year and €175 million funding was made available to support the provision. It is expected that similar numbers will avail of the programme in the current year.

Each qualifying child is entitled to one free pre-school year only. While the programme does include an exemption from the upper age limit for qualification for children with special needs and an option of splitting the provision over two years, by availing of the programme for 2 days a week in the first year and for 3 days a week in the second year, there is no provision for a second full year. The child referred to by the Deputy was enrolled for the full free pre-school complement in the 2013/2014 academic year and the full funding was provided to the childcare provider on this basis. There are no circumstances where a second free pre-school year is provided under the programme and, therefore, no additional provision can be made for this child.

Family Support Services

Questions (207)

Robert Troy

Question:

207. Deputy Robert Troy asked the Minister for Children and Youth Affairs the position regarding the funding of a family resource centre (details supplied) in Ballymun; the reasons Tusla has withdrawn funding from the group; if this funding will remain available to families in the Ballymun area. [27573/14]

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Written answers

The Child and Family Agency has advised that since November 2012, the former Family Support Agency (now part of the Child and Family Agency), has been working with the Voluntary Board of Directors of the Family Resource Centre in question to address some concerns identified in relation to corporate governance practices. As these concerns remained outstanding in 2014, the Child and Family Agency undertook a process to transfer funding to a long-established community organisation in the Ballymun area, namely Young Ballymun. A key priority for the Agency is to ensure that funding under the Family Resource Programme remains available to children, families and the community in Ballymun and Young Ballymun are working collaboratively with the Agency to ensure the re-establishment of the Family Resource Centre in 2014.

Early Childhood Care Education

Questions (208)

Bernard Durkan

Question:

208. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs if any additional support will be offered in respect of the early childhood care and education scheme in the case of the child of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [27489/14]

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Written answers

The Early Childhood Care and Education (ECCE) programme provides one free pre-school year to qualifying children before they commence primary school. The ECCE programme is a free and universal programme to which all children have access.

To make the ECCE programme more accessible to children with special needs a number of additional provisions are in place. These include an exemption from the upper age limit for qualification under the programme where a child is developmentally delayed and would benefit from starting primary school at a later age. In addition, children with special needs can apply to have the pre-school year split over two years on a pro-rata basis, for example availing of the programme for 2 days a week in the first year and for 3 days a week in the second year.

I am aware that the Health Service Executive does, where possible, provide additional supports to children with special needs to enable them to avail of pre-school services in mainstream pre-school settings. My Department has been actively working with the Department of Health in the context of building better supports to facilitate the inclusion of special needs children in mainstream pre-school settings. However the issue of supports for children with special needs availing of services in mainstream childcare settings remains a matter for the Department of Health and the HSE, and parents seeking additional supports should contact their Local Health Office.

Data Protection

Questions (209)

Robert Dowds

Question:

209. Deputy Robert Dowds asked the Minister for Children and Youth Affairs his views on the way data protection affects the sharing of information between Tusla and the Health Service Executive; and if consent given to one entity is considered sufficient to cover interactions with both entities where a patient is shared. [27508/14]

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Written answers

The Child and Family Agency has responsibilities under the Data Protection Acts 1988 and 2003 and the Freedom of Information Acts 1997 and 2003. The Agency is a registered body with the Office of the Data Protection Commissioner and its details have been entered in the Public Register. The Agency's responsibilities under Data Protection legislation are independent of the Health Service Executive and any other bodies, and the Agency exercises its legal responsibilities accordingly.

The Data Protection legislation ensures that the public have specific legal rights to seek access to their personal information and to reasons for decisions which affect them. The Child and Family Agency is fully aware of its responsibility to ensure that personal records and information are kept accurate and up to date, kept safe and secure and provided to individuals when they request them.

The Child and Family Agency creates, collects and processes a vast amount of data in multiple formats. The Agency has a responsibility to ensure that this data is obtained fairly, recorded correctly, used and shared both appropriately and legally and stored securely. Where consent is used as the basis for processing of an individual’s personal information, he or she can give informed  consent to the sharing of information between different data controllers.  However, consent is only one of the grounds for the sharing of information between statutory bodies.  They can, independently of consent, share information where it is necessary for the performance of their statutory functions.  For completeness, it should be made clear that, in a legal sense, the Data Protection Acts do not refer to sharing per se but to the disclosure of information between data controllers which in an everyday sense is sharing of such information.

Children in Care

Questions (210)

Denis Naughten

Question:

210. Deputy Denis Naughten asked the Minister for Children and Youth Affairs if he will roll out a national advocacy service for parents of children in care similar to the service provided by Clarecare in Counties Clare, Limerick and north Tipperary; and if he will make a statement on the matter. [27521/14]

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Written answers

If a child is in need of care and protection and is unlikely to receive it at home, the Child and Family Agency has a duty to ensure they receive appropriate care. In cases where people are unable to cope due to illness or other serious problems they may agree to their children been taken into the care of the Agency on a voluntary basis, under Section 4 of the Child Care Act, 1991. While the Agency has care of the children in such instances it must consider the parents' wishes as to how the care is provided. The Agency is obliged to provide care for these children for as long as their welfare requires it.

A social worker assigned to a child placed in State care has a duty to prepare and regularly review the care plan for the child. Intrinsic to this process is ensuring that the wishes of the child and his or her family are considered, that access and contact is facilitated between the child, parents and siblings (unless there is a court agreed reason not to do so), and that full engagement takes place with the child and their family with a view to planning the child's return home. A significant amount of work takes place between social workers and parents to create a situation where a child could return home, including referrals for parent(s) for relationship counselling, substance misuse or mental health.

In addition to social work services, the Agency also provides a broad range of family support services. These include family centres, community psychology, child care work and family support work e.g. counselling and parenting skills. There are a range of groups in communities whose general remit includes providing assistance to families whose circumstances may include having a child or children in care. These groups provide services which complement a variety of dedicated services provided or funded by the Child and Family Agency. There are 106 family resource centres throughout the country. Their aim is to combat disadvantage by supporting the functioning of the family unit by offering services and supports to children and families. The Agency also provides funding to voluntary and community organisations providing marriage, relationship, child and bereavement counselling services. These services aim to support people in dealing with difficulties they are experiencing in their relationships and to help children whose lives have been affected by parental separation.

The Agency will continue to provide supports and assistance to ensure that children, where possible, are allowed to grow and develop within a supportive family environment. I am advised by the Agency that it is not possible to roll out the service provided by Clarecare nationally at this time due to budget constraints.

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