Written Answers Nos. 316-333
316. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 751 of 17 September 2014, if he will provide a breakdown on a regional basis of the number of social worker vacancies in each region; and the number of the 100 current vacancies which are vacant due to maternity leave. [36470/14]
View answerThe following table presents details on the number of social work posts at various stages of recruitment and of maternity leave by region across the Child and Family Agency. It should be noted that the reply to Parliamentary Question No. 751 stated there were 100 posts currently on offer to candidates or under active recruitment and that in addition there were a further 48 posts awaiting recruitment approval. I have since been advised by the Agency that the full 148 posts are now approved for filling and at various stages of the recruitment process.
|
Child and Family Agency (Region) |
Posts approved for filling and at various stages of the recruitment process |
Social Work Numbers currently on Maternity Leave |
|
Dublin Mid Leinster |
44 |
29 |
|
Dublin North East |
46 |
23 |
|
South |
27 |
17 |
|
West |
31 |
14 |
|
TOTAL |
148 |
83 |
317. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs the number of persons waiting for an appointment with the adoption information and tracing service in the years 2013 and to date in 2014, with a breakdown based on each regional team. [36471/14]
View answerThe Child and Family Agency has advised that as of the end of June 2014 there were 750 people on the waiting list nationally to receive adoption information and tracing services. The Agency advises that validated data on waiting times by regional team is unavailable at this time. I have asked the Agency to supply this information and will forward it to the Deputy as soon as it is received from the Agency.
318. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs if he will report to Dáil Éireann on the progress achieved to date in refurbishing and extending Oberstown House; and the remand arrangements that will be put in place at the newly refurbished detention centre. [36472/14]
View answerThere is a commitment in the Programme for Government to end the practice of detaining children in adult prison facilities, which under the Children Act 2001 means all young people up to the age of 18 years. This will be met in full later this year when the extension of the Oberstown campus results in the transfer of responsibility for 17 year old boys from the adult prison system to the children detention schools.
Following the appointment of a main contractor and a number of sub-contractors, construction on the Oberstown development project started on site on 23 September 2013. The project will provide sufficient new detention places to enable the extension of the child care model of detention to all under 18 year olds ordered to be remanded or committed by the courts on criminal justice charges. I am advised that the first 3 units of residential accommodation are scheduled to be delivered by the end of this year, in order to facilitate the transfer of responsibility for 17 year old boys from the adult prison system. A further 3 residential units, to be delivered in 2015, will replace existing detention buildings used by Oberstown Boys School and Oberstown Girls School which have reached the end of their useful life. The Office of Public Works (OPW) is overseeing the delivery of the project on behalf of my Department with the main contractor involved, BAM Building Ltd.
Once the new development is in place all children up to the age of 18 on admission who are remanded in custody on criminal charges will be detained at the Oberstown Campus. Remand in custody to a children detention facility falls under section 88 of the Children Act 2001. Section 88(8) of that Act provides that those being detained on remand will, as far as is practicable and where it is in the best interests of the child, be kept separate from children being detained who are serving a sentence of detention. This provision will inform the location of children on an operational basis when the new detention facilities are in use. Children being detained on remand will also have access to medical, educational and recreational facilities appropriate to their needs.
319. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs if he will provide a full breakdown of the number of children placed in institutions outside of Ireland under a special care order granted by the High Court during 2013 and to date in 2014 with details of the various locations and countries in which the children were placed; the duration of each placement; and the cost to the State of each placement. [36473/14]
View answerUnder the Child Care Act, 1991 and the Child and Family Agency Act 2013, the Child and Family Agency has a duty to promote the welfare of children who are not receiving adequate care or protection. The policy of the Agency is to place children in care settings, preferably in foster care, as close as possible to their home and community.
A very small minority of young people under 18 years of age have highly specialised needs arising from severe behaviour difficulties, due to their childhood experiences or in some cases as a result of injury, accident or disability. The care needs of these young people are generally met by directly provided residential services or services commissioned by the Agency within Ireland.
For a small number of young people, the Agency is on occasion required to make arrangements for their placement in care and treatment facilities outside of the State, primarily in the UK, to allow for access to an individually tailored mix of care and therapeutic services and psychiatric treatment not currently available in this country. This is done on as infrequent a basis as possible and only where such placement is considered to be in the best interest of the child. Placements where a child will be detained are made under the order and supervision of the High Court.
The Agency ensures that these placements are suitable and the child's social worker visits regularly and makes arrangements for family or carers of the child to also visit.
The units in which the children are placed are inspected and regulated by their national authorities and the Agency is attentive to the standards of care delivered in these specialised units. The level of requirement for these services is closely monitored by the Agency.
The Child and Family Agency has provided the following data in relation to the children/young people who have been placed in secure Out of State placements from 1 January 2014 to 11 July 2014:
|
1/1/2014 – 11/7/2014 |
Age |
Gender |
|
St. Andrews, Northampton |
18 |
F |
|
St. Andrews, Northampton |
17 |
M |
|
St. Andrews, Northampton |
17 |
M |
|
Kibble, Scotland |
18 |
M |
|
Boystown, Nebraska |
18 |
M |
|
St. Marys, Scotland |
17 |
M |
|
St. Andrews, Northampton |
16 |
M |
|
St. Andrews, Northampton |
17 |
M |
|
St. Andrews, Northampton |
16 |
M |
|
St. Andrews, Northampton |
15 |
M |
|
St. Andrews, Northampton |
16 |
M |
|
St. Andrews, Northampton |
13 |
M |
I have been advised by the Agency that the cost of placements for children on special care orders in secure placements out of State can cost up to €8,500 per week.
I have requested the outstanding information requested by the Deputy from the Agency and will forward this information once it becomes available.
320. Deputy Robert Troy asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 255 of 12 June 2014, if he will provide in detail the expenses claimed by members of staff attending Health Service Executive child care conferences; his views on the number of staff attending these conferences; and the section of the HSE to which they are affiliated. [36576/14]
View answerAs this is a service matter, I have asked the Child and Family Agency to respond directly to the Deputy with the most up-to-date information.
321. Deputy Dara Calleary asked the Minister for Children and Youth Affairs the funding available for the establishment of community after-school services; the application process; and if he will make a statement on the matter. [36776/14]
View answerCapital funding in the region of €420 million was provided to community and commercial child care providers in the period 2000 to 2008 for the refurbishment and development of child care facilities under the Equal Opportunities Childcare Programme (EOCP) and the National Childcare Investment Programme (NCIP). Many of these facilities provide after-school child care services. Because of the economic difficulties it has not been possible to provide any substantial capital funding to support developments in the child care sector since 2009.
Capital funding of €2.5 million is being provided in the current year under the Early Years Capital Programme 2014 for the maintenance and upgrade of community/not-for-profit child care services. The objective of this funding is to ensure that previously-funded community facilities remain fit-for-purpose, maintain and improve quality, and to make community services more efficient and sustainable through improving the energy rating of these facilities.
There is currently no capital funding available for the establishment of community after-school services.
Information on the location of facilities providing after-school child care services may be obtained from the City or County Childcare Committee in each county.
322. Deputy Mary Lou McDonald asked the Minister for Children and Youth Affairs his plans to provide mainstream revenue funding in respect of a centre (details supplied) in County Dublin in 2015 following the termination of start-up funding at the end of 2014. [36831/14]
View answerBalgaddy Child and Family Centre has sought to be included within the Family Resource Centre Programme operated by the Child and Family Agency. The Programme is closed at present to new applications. I understand that discussions have been held between the Agency and the Centre and that a further meeting is due to take place in October to discuss the matter.
Balgaddy Child and Family Centre has been in receipt of funding from a philanthropic organisation and this funding arrangement is due to cease from 2015 onwards.
323. Deputy Finian McGrath asked the Minister for Children and Youth Affairs the position regarding bullying allegations by Athletics Ireland and ignoring the code of ethics, Children First, and duty of care in respect of a family (details supplied) in Dublin; and if he will make a statement on the matter. [36859/14]
View answerAt the outset, I wish to emphasise that each Government Department retains responsibility for child protection within its own sector. While my Department is aware of this family’s complaint against a sporting club, and their concerns regarding how it was dealt with by a number of sporting regulatory bodies, this complaint is a matter for the Department of Transport, Tourism and Sport, and that Department has been actively engaged in the issues concerned.
My Department is aware of the complaint as members of the family have contacted the Children First Interdepartmental Group which is under the aegis of my Department, in relation to this matter. The family have been advised that the Group does not deal with individual complaints and allegations, and that its function relates to cross departmental and cross-sectoral matters relating to child welfare and protection.
My officials have been advised that members of the family have met with officials from a number of sporting regulatory bodies in an effort to resolve their complaint. In addition, the family have met with officials from the Department of Transport, Tourism and Sport, which included that Department’s representative on the Children First Interdepartmental Group. Following this meeting, the Department of Transport, Tourism and Sport briefed the Children First Interdepartmental Group on the issues raised at the meeting, which included quality assuring the implementation of, and compliance with, Children First. These broader issues, which do fall under the remit of the Interdepartmental Group, are actively being dealt with by the Group on an ongoing basis, and the family have been advised of this.
Finally, I would like to reiterate a general reminder that if any person does develop a concern about the welfare of a child or about the risk any adult may pose to a child, or children, these should be reported immediately to the Child and Family Agency, and the family in this case have been so advised.
324. Deputy Richard Boyd Barrett asked the Minister for Children and Youth Affairs in view of his decision to transfer questions submitted last week by this Deputy to the Department of Health, if he will indicate the areas of child welfare he is responsible for or has an interest in; and if he will make a statement on the matter. [36913/14]
View answerI can assure the Deputy that concern for child welfare in the broadest sense is at the heart of my responsibilities here as Minister for Children and Youth Affairs. I lead a small Department and part of my role is to bring together the effort across all aspects of Government in achieving better outcomes for children. This vision is articulated in Better Outcomes Brighter Futures,the National Policy Framework for Children and Young People, published earlier this year. This whole of government policy framework establishes a shared set of National Outcomes and requires Government Departments and State agencies to work together in an integrated way along with non-government organisations to achieve better outcomes for children and young people.
My Department is taking a lead role in the cross-sectoral implementation of the Children First National Guidance for the Protection and Welfare of Children. A Children First Implementation Inter-Departmental Group, which involves all of the key Government Departments together with the Child and Family Agency and An Garda Síochána is chaired by officials from my Department. The purpose of the Group is to promote the importance of Children First compliance across Government and to ensure a consistent approach is adopted. It should be noted that the Children First Bill, 2014, which is currently progressing through the Oireachtas, includes a provision to place this Group on a statutory basis.
The establishment of and responsibility for the Child and Family Agency is central to my Department's responsibilities. The Child and Family Agency Act 2013 sets out the Agency's functions as supporting the development, welfare and protection of children and the effective functioning of families. I also have a range of responsibilities concerning the welfare of children arising from various functions transferred to it on and since the establishment of the Department under transfer of functions orders. These include my responsibility through the Children Act 2001 for the welfare of children who are detained by order of the Courts in the Children Detention Schools at Oberstown.
My decision to transfer two questions that were submitted by the Deputy last week to the Department of Health was simply a factual matter of legal responsibility. The Child and Adolescent Mental Health Service (CAMHS) are the responsibility of the Health Service Executive (HSE) and policy responsibility in respect of CAMHS rests with the Minister for Health. CAMHS did not transfer to the newly established Child and Family Agency, Tusla, which was established on 1st January 2014. It simply does not come under my remit and I had no wish to waste the Deputy's time in replying to a question for which I did not have responsibility. By transferring his questions to the Department of Health, I would hope that the Deputy received the replies that he sought.
325. Deputy Robert Dowds asked the Minister for Children and Youth Affairs if he will provide an update on his legislative proposals; and the proposals that will be brought before the Oireachtas. [36922/14]
View answerI have an extensive legislative programme to address child protection issues which fall within my remit as Minister for Children and Youth Affairs.
The Children First Bill, which will put aspects of the Children First National Guidance on a statutory basis, was initiated in Dail Eireann and the second Stage debate concluded in the last Dail session. It is intended that this Bill will be enacted during this Dail session.
It is my intention to publish the Children (Amendment) Bill 2014 during this Oireachtas term. The Bill will provide for necessary amendments to the Children Act 2001. In particular, it will provide for the amalgamation of the children detention schools in the interests of cost/administrative efficiencies and the public interest. The Bill will also provide for a system of remission in the children detention schools for good behaviour, a number of amendments to remove references to the detention of children in the adult prison system and other necessary legal changes. A General Scheme for this Bill was approved by Government in April 2013 and a revised General Scheme was approved on 10 September 2014.
I intend to bring forward the Adoption (Tracing and Information) Bill to provide a statutory basis for an Information and Tracing Service to applicants seeking information about adoptions and a statutory right to as much information as possible within Constitutional parameters. The Heads of Bill and General Scheme is currently being drafted and the policy and legal issues arising continue to be considered. Some legal considerations have given rise to a revised approach to dealing with some of the complex and sensitives issues being addressed in the Bill. It is intended that the Heads of Bill and General Scheme will be referred to the Oireachtas Committee on Health and Children during this Dail session.
It is also my intention to bring forward the Child Care (Amendment) Bill which aims to impose a statutory obligation on the Child and Family Agency to provide an aftercare plan for children leaving care. The General Scheme was referred to the joint Oireachtas Committee on Health and Children earlier this year and the report of the Committee was received by my Department in mid July. Consideration is currently being given by my Department to the recommendations of the Committee with a view to finalising the policy approach in this matter, following which, I will seek Government approval for a revised General Scheme in this matter.
The General Scheme and Heads of Bill of the Adoption (Amendment) Bill 2012 were published in the context of the Children's Referendum. On the signing of the certificate of the 31st Amendment to the Constitution, it is my intention to publish this Bill and present it to the Oireachtas.
326. Deputy Mattie McGrath asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 186 of 7 November 2012, if he will provide a further breakdown of the costs associated with the children's referendum; and if he will make a statement on the matter. [36923/14]
View answerThe provision of €3 million in the Vote of the Department of Children and Youth Affairs for 2012 relating to the holding of a Constitutional Referendum on Children's Rights was utilised as follows:
€1.9 million was allocated to the Referendum Commission for the performance of its statutory functions. The details of the use of that allocation were set out in its post referendum report published by the Commission in May 2013. There was an unspent balance of €193,477.72 which was refunded to my Department in 2013 and surrendered to the Department of Public Expenditure and Reform as an Extra Exchequer Receipt.
The balance of €1.1 million was available to fund my Department's public information activities. The breakdown of that expenditure is as follows:
|
Area of Expenditure |
Cost |
|
Development and maintenance of the website |
11,040.11 |
|
Design and printing of the information booklet |
235,759.37 |
|
Delivery of information booklets |
225,027.01 |
|
Behaviour and Attitudes research |
103,011.98 |
|
MKC Communications consultants |
32,349.65 |
|
Broadcast media production and advertising (KD Nine) |
164,725.29 |
|
Print media advertising (Brindley Advertising) |
247,515.95 |
|
Dr Geoffrey Shannon (advice on adoption) |
8,237.19 |
|
Press Office costs (e.g. transcripts) |
7,410.67 |
|
Sundries |
1,056.88 |
|
Total Expenditure |
1,036,134.10 |
327. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs the position regarding a grant application submitted by a school (details supplied) in Dublin 17. [36932/14]
View answerMy Department has a funding provision this year of some €900,000 in respect of National Lottery Funding. In excess of 800 applications for grant support have been received from individuals, groups and organisations. The current value of these applications amounts to approximately €8 million which far exceeds the available resources. The organisation to which the Deputy refers is one of these applications.
I am sure the Deputy will appreciate that, in the circumstances, it will not be possible to assist all applications. However, the assessment process is ongoing and all applicants will be informed of the outcome as soon as final decisions have been made.
328. Deputy Mick Wallace asked the Minister for Children and Youth Affairs the action he has taken to address the fact that thousands of cases concerning children at risk have not yet been allocated a social worker; and if he will make a statement on the matter. [37093/14]
View answer329. Deputy Mick Wallace asked the Minister for Children and Youth Affairs the action he has taken following comments by the Ombudsman for Children that safe social work is not possible in some parts of the country due to the size of the caseloads facing individual social workers; and if he will make a statement on the matter. [37094/14]
View answerI propose to take Questions Nos. 328 and 329 together.
A report prepared by the Child and Family Agency – "Measuring the Pressure" - indicates that at the end of June 2014, the Agency was providing 19,766 children with a social work service. The Report also highlights the increasing service challenge facing the Agency, with 9,548 cases waiting to be allocated to a dedicated social worker.
Approximately one third of these, (3,240 cases), were deemed to be high priority. These cases represent a mix of new referrals that need further assessment and social work input, as well as children known to the Agency who need a continuing social work service. I am assured by the Agency that emergency cases are dealt with immediately and that high priority cases are kept under review. We must ensure that the most vulnerable children in our society receive a timely and appropriate response.
Currently, 94% of children in care have an allocated Social Worker.
The data and analysis contained in "Measuring the Pressure" provides critical management information to assist the Agency in service planning and resource allocation.
The Agency is in receipt of funding of €6.7m this year to alleviate identified service pressures and to support the continuing implementation of the reform programme across children and family services.
This funding is being targeted at a number of areas, including the replacement of staff on maternity leave by way of a 12 month temporary contract. Latest figures indicate that at the end of August, 164 staff were on maternity leave, 82 of whom were social workers. The Agency is also finalising proposals for the introduction of a guaranteed and protected one year induction programme for newly qualified social workers.
The Agency recruited 106 social workers up to the end of August this year and a further 148 posts are at various stages of recruitment.
The initiatives described above are designed to assist the Agency in responding to identified service pressures and to provide for a targeted response to such pressures, taking account of identified need and available resources.
330. Deputy Seán Kyne asked the Minister for Children and Youth Affairs if he will provide in tabular form all of the State agencies, bodies, organisations and working groups under his Department's remit; the core duties and functions of same; the number of staff at same; the budget of each for 2013 and proposed budget for 2014; the date of establishment of the agencies or organisations; and the legislation, primary or otherwise, from which they derive their powers. [37200/14]
View answerThe information is set out in the following table.
|
Agency/Org/Body |
Core Duties/Functions |
Staff |
Budget 2013 |
Proposed Budget 2014 |
Established |
Legislation |
|
Child and Family Agency |
Child Welfare and Protection Services; Services previously delivered by the Family Support Agency and the National Educational and Welfare Board; Preschool Inspection; Services; Domestic, sexual and gender based violence services; Community based services related to the psychological welfare of children and families |
3,454 WTEs |
N/A Agency established in 2014 |
The funding allocation for the Agency in 2014 amounts to €609m. this includes a current provision of €602m and a capital allocation of €7m |
01/01/2014 |
The Child and family Agency Act 2013 was signed into law in December 2013 |
|
Board of Management of the Children's Detention Schools, Oberstown, Lusk, Co.Dublin |
Management of the Children Detention Schools |
188 WTEs |
Current €15.9m |
Current €17.9m Capital project €56m over 2013-15 for construction of new national children detention facilities at Oberstown campus. |
Originally established as reformatory schools under the Children Act 1908 and became Children Detention Schools on commencement of Part 10 of the Children Act 2001, as amended, on 1 March 2007 |
Children Act 2001 |
|
Ombudsman for Children |
Promoting the welfare and rights of children; Responding to individual complaints; Establishing mechanisms for regular consultation with children; Advising the Government on policies and services |
10 WTEs |
€1.88m |
€1.88m |
2004 |
Ombudsman for Children Act 2002 |
|
Adoption Authority of Ireland |
Implementing the Adoption Act 2010, public policy relating to adoption and Ireland's adherence to the Hague Convention in relation to inter-country adoption. |
25 WTEs |
€2,648m |
€2,594m |
2010 |
Adoption Act 2010 |
In addition, I should mention Gaisce, The Presidents Award. This is not a State Body as such and is not established under Statute but is a limited company set up under the Companies Acts. Gaisce was incorporated as a limited company in 1996 and holds charitable status. It is governed by its Articles and Memorandum of Association. The Council comprising of 15 members, including the Chair, are appointed by the Minister for Children and Youth Affairs and it is funded through the Department's Vote with an annual budget of €0.63m for each of 2013 and 2014. The current Council was appointed in March 2012 for a 3 year term.
As to the working groups under my Department's remit, there is a considerable range. Most such groups do not have full time staff but are supported by staff of my and other Departments and of partner organisations as part of their wider duties. Many do not have an allocated budget and operate on a non-statutory basis.
The Children First Interdepartmental Group (CFIDG) was established in 2011 to promote the importance of compliance across Government with Children First, National Guidance for the Protection and Welfare of Children. In 2014, a CFIDG Sub Group on Current and Planned Child Protection Measures was established to conduct a review of current and planned child protection mechanisms in the school system to assess the extent to which issues identified in the Louise O'Keeffe judgement have been addressed in the period since 1973. These groups do not have full time staff, annual budgets and were not established by legislation.
To give a range of examples from the Youth area alone:
- The National Youth Strategy Task Group was set up in 2014 in consultation with the National Youth Work Advisory Committee to support the Department in the development of the National Youth Strategy. It comprises representatives of Government departments, business , academic and youth sectors;
- The National Youth Work Advisory Committee was appointed from January 2013 under section 17 of the Youth Work Act 2001. The terms of reference involved advice to the Minister in relation to: the Irish EU Youth Presidency Programme; links between Youth Work sector and Tusla; and the National Youth Strategy. Its operational costs during 2013 were €9,364.08 and it has a budget of €12k for 2014.
- The National Working Group on Structured Dialogue was established in 2009 to inform and assist in the development of Ireland’s consultation process with young people at local, regional and national level. The consultation process is funded by the EU Commission. DCYA's contribution to operational costs for 2013 amounted to €19,666.85 and for 2014 was €24,500;
- The National Quality Standards Framework (NQSF) Implementation Group was established in 2010 to provide to the implementation of the NQSF and Quality Standards for volunteer-led youth groups;
- The Quality Standards Training and Resource Development Task Group was set up in 2011 to assist the Department in ensuring that training supports and resources for the Youth Services sector are developed and made available in the most effective and cohesive manner;
- The National Youth Arts Programme partnership exists since 1999 to inform the direction of the National Youth Arts Programme and to monitor the implementation plan of the programme. The programme involves training the youth sector in youth arts. Operational Costs associated with programme, €63,954 in 2013 and €61,556 in 2014;
- The National Youth Health Programme partnership exists since 1994 to develop the direction of the National Youth Health Programme and monitor the implementation plan. Operational Costs associated with the programme were €83,792 in 2013 and €80,792 in 2014.
In relation to the Area Based Childhood (ABC) Programmes, two working groups operate without budget and on a non-statutory basis:
- The Area Based Childhood (ABC) Programme Project Team was set up in February 2013 to oversee the implementation of the ABC Programme.
- The Area Based Childhood (ABC) Programme Working Group was established in March 2013 to support the work of the ABC Project Team and undertake the evaluation process of the ABC Programme.
The recently published National Policy Framework for Children and Young People Better Outcomes Brighter Futures involves cross departmental working groups to advance the commitments in the Framework, neither of which have allocated staff or budget and neither of which are established under any legislation:
- The Children and Young People's Policy Consortium was set up in April 2013 to have oversight and drive cross-Government implementation of Better Outcomes, Brighter Futures and its supporting strategies, and to report annually to Government on progress achieved.
- The Sponsors Group is a Sub-group of the Policy Consortium was set up in 2013 to actively drive implementation of Better Outcomes, Brighter Futures and provide a forum for problem-solving.
The Children and Young People Services Committee Task Group was established by DCYA in September 2014 with a view to prioritising key issues to be addressed in the strategic and operational development of Children Services Committees. This group has no staff, no budget and was not established under any legislation.
I should point out to the Deputy that this is not an exhaustive list but I hope I have conveyed sufficient information to respond to the Deputy's question.
331. Deputy Arthur Spring asked the Minister for Health in respect of qualification for a medical card under the EU scheme, whether a person is considered subject to Irish social security legislation if that person's partner or spouse is in receipt of a contributory Irish social welfare payment or is engaged in work here and subject to PRSI. [36631/14]
View answerRegulation (EC) 883/2004 deals with the coordination of social security, including health care, for those moving within the European Union. Under its provisions, persons residing in Ireland who are attached to the social security system of another member state, are entitled to receive health care services in Ireland at the cost of that member state provided they are not subject to Irish social security legislation. Persons in this category are entitled to full eligibility and receive a medical card as evidence of their entitlement.
The Health Service Executive operates under the legislative framework of the Health Act of 1970, as subsequently amended. In the interest of probity, the HSE is obliged to ensure that a person’s eligibility is correctly recorded in line with the eligibility legislation and the national guidelines. The HSE aims to ensure that every person who is entitled to a medical card or a GP visit card is given the opportunity to avail of his or her entitlement.
In assessing an application under the EU Regulations the HSE will establish if the person is subject to Irish social security legislation. A person is considered subject to Irish social security legislation if s/he is in receipt of a contributory Irish social welfare payment or engaged in work in Ireland and subject to PRSI. If so, the person will not qualify for a medical card under EU legislation, but may qualify for a means-tested medical card under national legislation.
The person applying for the medical card under the EU Regulations may do so in respect of themselves alone if they consider they meet the above requirements even where their partner/spouse is in receipt of a contributory Irish social welfare payment or engaged in work here and subject to PRSI.
332. Deputy Brendan Smith asked the Minister for Health if he will develop a national response plan in respect of the Ebola outbreak which is a global health risk; if such a plan will incorporate civil society groups, health professionals and military personnel; and if he will make a statement on the matter. [37156/14]
View answer464. Deputy Bernard J. Durkan asked the Minister for Health the extent to which steps have been taken here to prevent an outbreak or the spread of Ebola or other infections; and if he will make a statement on the matter. [37143/14]
View answerI propose to take Questions Nos. 332 and 464 together.
Emergency Planning in Ireland is structured around the "Lead Government Department" principle. There are currently 41 emergency types, each with a Lead Government Department (LGD) set out in Annex 'A' to Strategic Emergency Planning Guidance. The Government Department that is responsible for an activity in normal conditions retains that responsibility during a major emergency. When an emergency occurs it is the responsibility of the relevant lead Government Department to chair the National Co-ordination Group (NCG) which deals with the relevant emergency.
The Department of Health is currently the LGD for two emergency types:
- Pandemic influenza and other public health emergencies
- Biological incidents (where incident is primarily s public health incident).
Consequently my Department would be responsible for calling and chairing a meeting of the National Co-ordination Group should this be necessary for dealing with issues arising from any outbreak of pandemic influenza or other public health emergencies.
EU Decision No 1082/2013/EU of the European Parliament on serious cross-border threats to health agreed under the Irish Presidency came into force in November, 2013. The Decision provides a coherent framework for tackling all serious cross-border public health threats by addressing three main areas: preparedness and response planning; risk monitoring and assessment; risk management and crisis communication.
The Health Service Executive Emerging Viral Threats Group and the Ebola Scientific Advisory Group have met recently to review the situation and approve national guidance for Ebola and other emerging viral threats to health. The Health Protection Surveillance Centre has issued this guidance to hospitals and GPs, including an algorithm for the assessment of viral haemorrhagic fevers (VHFs), clinical assessment forms and advice for health care workers, including humanitarian aid workers, returning to or coming to Ireland following travel from an area affected by the Ebola Virus Disease. The situation continues to be monitored.
In conclusion, considerable public health planning is underway with a range of bodies and professionals in relation to the implications of the Ebola emergency in West Africa.
333. Deputy Clare Daly asked the Minister for Health his plans to put the right to informed consent and voluntary refusal on a statutory footing in view of the Hamilton v. the Health Service Executive ruling, which contradicts a principle already part of the Irish national consent policy. [36748/14]
View answerConsent refers to the giving of permission for an intervention or receipt or use of a service. The principle of informed consent in health care practice is set out in the HSE’s National Consent Policy, an extensive body of Irish case law, as well as specific guidelines and regulations for individual health care and social care professionals.
The HSE National Consent Policy provides one overarching policy to guide all staff in both the medical and social care spheres. The HSE National Consent Policy states that consent must be obtained before starting treatment and states that this requirement is consistent with fundamental ethical principles, with good practice in communication and decision-making, as well as with national health and social care policy. This policy was launched in June 2013 by Minister James Reilly.
The requirement for informed consent to be obtained for medical examination or treatment is well established in Irish case law. In addition, the Medical Council’s Guide to Professional Conduct and Ethics outlines detailed requirements in relation to the informed consent process. The regulatory frameworks for other health care professionals, including those of the Nursing and Midwifery Board of Ireland, include similar arrangements in relation to requirements for obtaining informed consent. Further, informed consent is also recognised as a prerequisite to treatment in international and European human rights law as well as under the Irish Constitution. Knowledge of the importance of obtaining consent is expected of all staff employed or contracted by the HSE. I would expect the general principles articulated in the HSE National Consent Policy to be upheld.
In relation to the Hamilton v Health Service Executive case I do not accept the assertion from the Parliamentary Question that there is a gap in the existing regulation of the informed consent process. While not wishing to comment in detail on individual legal cases, I understand Mr Justice Ryan stated that in his view the plaintiff had consented to the procedure. In any event, I do not accept that the ruling in the case represents a departure from existing requirements to obtain a person’s informed consent prior to a medical examination or treatment and have no current plans to legislate in this area.
