Tuesday, 7 Jul 2015

Written Answers Nos. 294-316

Child Detention Centres

Questions (294)

Sandra McLellan

Question:

294. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs the average length of time a minor is spending on remand; and the longest length of time a minor can spend on remand. [27565/15]

Written answers

Minister for Children and Youth Affairs

The average number of days for which children were remanded in custody to the Children Detention Schools at Oberstown, Lusk, County Dublin in 2013 was 25 days and in 2014 it was 22 days. Data in respect of 2015 is not currently available.

The judiciary are independent in the performance of their functions and the discretion as to whether or not to remand a child in custody is solely for the judge to decide. Section 88 of the Children Act 2001 allows that a court may remand a child in custody who is charged with or found guilty of an offence, who is being sent forward for trial or in respect of whom the court has postponed a decision. The section also provides that a court shall not remand a child in custody if the only reason for so doing is that the child is in need of care or protection or the court wishes Tusla, the Child and Family Agency to assist it in dealing with the case. In addition, section 76B of the existing Act provides for the involvement of Tusla in such cases, as deemed necessary by a Court.

As provided for in various District Court rules, a child may be remanded in custody in the Children’s Court for an initial period not exceeding 8 days and subsequently, for an individual period not exceeding fifteen days. Children can be remanded in custody for successive periods within this framework but they are brought back before the Court at regular intervals.

While there is no legislation governing the length of remand periods in the Circuit Criminal Court for children, the right to an expeditious trial applies to every accused person irrespective of age. Section 100 of the Children Act 2001 provides that where a Court is satisfied as to the guilt of a child, it may remand a child in custody for the purpose of preparation of any necessary reports but for not longer than 28 days, and this period may only be extended once by a maximum of 14 days.

It is important to note that all children remanded in custody have access to independent legal assistance. Children remanded in custody can apply to a Court to be remanded on bail at any time and a refusal of bail can be appealed to the High Court in accordance with the Bail Act 1997.

Child Detention Centres

Questions (295)

Sandra McLellan

Question:

295. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs the grounds that qualify a minor to be classified for being on remand. [27566/15]

Written answers

Minister for Children and Youth Affairs

Section 88 of the Children Act 2001 provides that a court may remand a child in custody who is charged with or found guilty of an offence, who is being sent forward for trial or in respect of whom the court has postponed a decision. The section also provides that a court shall not remand a child in custody if the only reason for so doing is that the child is in need of care or protection or the court wishes Tusla, the Child and Family Agency to assist it in dealing with the case. In addition, section 76B of the Children Act provides for the involvement of Tusla in such cases, as deemed necessary by a Court.

The jurisdiction to refuse bail can be described as falling into two main categories: the “O’Callaghan principles” and section 2 of the Bail Act 1997. In the 1966 Supreme Court case of the People v O’Callaghan, the Supreme Court stated that in order to refuse bail, the court must be satisfied that it appears probable that the accused will abscond if admitted to bail or that it is reasonably probable that he or she will interfere with prospective jurors or witnesses, tamper with evidence or dispose of illegally acquired property. This allows for issues such as the seriousness of the charge and the nature of the evidence in support of the charge to be properly considered by a Court. In addition, section 2 of the Bail Act 1997 provides that a court may reject an application for bail where it reasonably considers it necessary to prevent a person who has committed a serious offence from committing another serious offence. Children accused of serious offences may be refused bail under section 2 if the text is met and the relevant matters are appropriately considered.

As a general principle, it should be noted that all orders to either remand a child in custody or remand a child on bail in the community are made in individual court cases. The judiciary are independent in the performance of their functions and the discretion as to whether or not to remand a child in custody is solely for the presiding judge to decide. In addition, all children remanded in custody have access to independent legal assistance. Children remanded in custody can apply to a Court to be remanded on bail at any time and a refusal of bail can be appealed to the High Court in accordance with the Bail Act 1997.

Child Detention Centres

Questions (296)

Sandra McLellan

Question:

296. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs the age range and profile for minors currently living in Oberstown schools. [27567/15]

Written answers

Minister for Children and Youth Affairs

The 3 children detention schools currently in operation are Trinity House School for males, Oberstown Boys School and Oberstown Girls School, all of which are located on a campus in Oberstown, Lusk, Co Dublin. Under current arrangements, the children detention schools are authorised to detain: males remanded in custody from 10 years of age up to 17 years; males serving a sentence of detention from 10 years of age up to 16 years; females remanded in custody or serving a sentence of detention from 10 years of age up to 17 years. All ages mentioned above refer to the age of the child on being remanded in custody or sentenced to a period of detention by a court.

The age range of young people detained on the Oberstown campus as of 3 July 2015 is listed in the following table:

Age	Male	Female	Total
14 years	2	0	2
15 years	6	0	6
16 years	16	0	16
17 years	11	0	11

Of the 35 males in detention on Friday 3 July 2015, 12 were in custody on remand and 23 were serving a sentence of detention.

Child Detention Centres

Questions (297)

Sandra McLellan

Question:

297. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs if there is a clear boundary between mixing children of younger ages with those turning 18 years of age in Oberstown schools. [27568/15]

Written answers

Minister for Children and Youth Affairs

The question of where a child resides while detained in a children detention school is a matter of individual professional assessment and regular review by Oberstown management in each case. Relevant criteria include whether the child is remanded in custody or serving a sentence of detention, the age of the child, any physical or mental health issues presenting, the child’s educational background, the nature of the offences involved, the pattern of offending behaviour, the length of time to be served in custody and any physical or mental health issues.

A small number of young people are occasionally in custody on the Oberstown campus in excess of the age of 18 years. This could arise where the young person in question is remaining on the campus under section 155 of the Children Act 2001, which provides that young people may remain under certain conditions past the 18th birthday in a children detention school for a maximum period of 6 months. Such young people remain within the legal definition of a child for the purposes of Part 10 of the Children Act 2001. The purpose of this provision is to minimise the progression of children into the adult prison system. This factor is taken into account when deciding and reviewing where individual children in custody should reside, along the other criteria outlined above. However, it should be noted that age is not the only factor considered and all relevant criteria are taken into account on an individual basis as part of the child focused model of detention that is in place on the Oberstown campus.

National Physical and Sensory Disability Database

Questions (298)

Mary Mitchell O'Connor

Question:

298. Deputy Mary Mitchell O'Connor asked the Minister for Health if he will update the national physical and sensory disability database in order to record information on persons who are over 66 years of age, as currently the database does not record information for such persons, even though 60% to 70% of the deaf and blind population are estimated to be over 65 years of age; and if he will make a statement on the matter. [27004/15]

Written answers

Minister of State at the Department of Health

The National Physical and Sensory Disability Database was set up in 2002. It is managed by the Health Research Board on behalf of the Department of Health. Registration on the database is voluntary and the database is not intended to provide any definitive epidemiological statement on the number of people with a particular type of disability. Currently, individuals over the age of 65 years are not eligible for registration on the National Physical and Sensory Disability Database. At the time the National Physical and Sensory Disability Database was set up there was a clear delineation between services funded by the disability programme and services funded under the elderly programme. This funding model drove the decision to limit voluntary registration on the database to people under 65 years and under.

The establishment of an information infrastructure for the disability services programme is under consideration at the moment and as part of this initiative, a number of issues, including the registration of people over the age of 65 on a disability database, will be considered.

Magdalen Laundries

Questions (299)

Maureen O'Sullivan

Question:

299. Deputy Maureen O'Sullivan asked the Minister for Health if he is satisfied that all has been done to address the medical needs of those survivors of the Magdalen laundries living abroad, in view of a recent response to a Topical Issue debate on this matter on 25 June 2015. [27173/15]

Written answers

Minister of State at the Department of Health

As the Deputy will be aware, the primary and community health services under the Redress for Women Resident in Certain Institutions Act 2015 are made available by the HSE only in Ireland. Women, who currently reside outside of Ireland, can access the health services when they visit Ireland. However, the RWRCI Act is not applicable in other countries and, therefore, it does not provide them with health services outside of Ireland.

The Department of Health and the HSE have focused on implementing the Act for the majority of women living in Ireland and I am pleased to advise the Deputy that, last week, the HSE corresponded directly with all the women living in Ireland who are eligible to avail of the services.

However, I would emphasise that the HSE, with my Department, are also exploring the practical arrangements to be put in place for the overseas women, the vast majority of whom reside in the United Kingdom. The Deputy will be aware that all health systems around the world vary in organisation and that each system is practically unique and equally complex. The HSE has already been in contact with the women living abroad and has advised them that this issue is being examined and, when practical arrangements are in place, they will be contacted further.

While I acknowledge that this important and complex matter is taking longer than anticipated, I am satisfied with the work undertaken by the HSE and my Department and I hope that the systems will be in place as soon as possible.

Universal Health Insurance

Questions (300, 391, 392)

Billy Kelleher

Question:

300. Deputy Billy Kelleher asked the Minister for Health with regards to his comments in Dáil Éireann on 1 July 2015 that the Economic and Social Research Institute report on the costs of introducing universal health insurance was a draft report, if the institute submitted the report as a draft or if it submitted it as a final estimate of what it had been commissioned to report on; and if he will make a statement on the matter. [27399/15]

Billy Kelleher

Question:

391. Deputy Billy Kelleher asked the Minister for Health if it is the case that the Economic and Social Research Institute has estimated the additional cost of universal health insurance at between 3.5% and 10.7% more than the current system, or €666 million and €2.05 billion in current prices; and if he will make a statement on the matter. [27490/15]

Billy Kelleher

Question:

392. Deputy Billy Kelleher asked the Minister for Health if the Health Insurance Authority has presented a report to him that estimates the cost of universal health insurance between €2,197 and €3,201 for every adult per year, with an additional 15% cost for children and students; and if he will make a statement on the matter. [27491/15]

Written answers

Minister for Health

I propose to take Questions Nos. 300, 391 and 392 together.

The White Paper on Universal Health Insurance was published on 2 April 2014 and provides detailed information on the model of universal healthcare for Ireland. Under the White Paper model, everyone will be insured for a standard package of health services and will have their choice of health insurer from a mix of private health insurers and a publicly owned health insurer.

Following publication of the White Paper, a major costing exercise, involving the Department of Health, the ESRI and others, was initiated. The purpose of the exercise is to examine the cost implications of a change to a multi-payer, universal health insurance model, as proposed in the White Paper on UHI. Draft results from the initial phase of the costing exercise were presented to me at the end of May and these are now informing deliberation on next steps, including the necessity for further research and cost modelling.

Ultimately, the UHI costing exercise is a major research project with a number of phases. The next phases in the costing exercise are likely to include deeper analysis of the key issue of unmet need and a more detailed comparative analysis of the relative costs and benefits of alternative funding models using bottom-up costing techniques. The draft results from the initial phase, as well as the plans for the next phase of research, will inform discussions with the Taoiseach and the Cabinet Subcommittee on the best long-term approach to achieving universal healthcare, and on the development of a roadmap for healthcare reform.

Universal Health Insurance

Questions (301)

Micheál Martin

Question:

301. Deputy Micheál Martin asked the Minister for Health if he or his departmental officials have received or discussed the Economic and Social Research Institute report on universal health insurance (details supplied); and if he will make a statement on the matter. [27460/15]

Written answers

Minister for Health

Following publication of the White Paper on Universal Health Insurance, a major costing exercise, involving the Department of Health, the ESRI and others, was initiated. The purpose of the exercise is to examine the cost implications of a change to a multi-payer, universal health insurance model, as proposed in the White Paper.

My Department has worked intensively with the ESRI on the UHI costing exercise under the auspices of the Department of Health/ESRI Health Research Programme. Draft results from the initial phase of the costing exercise were presented to me at the end of May. The research underlying these results is still undergoing peer review and is not yet finalised. However, the draft results are already informing deliberation on next steps, including the necessity for further research and cost modelling.

Ultimately, the UHI costing exercise is a major research project with a number of phases. The next phases in the costing exercise are likely to include deeper analysis of the key issue of unmet need and a more detailed comparative analysis of the relative costs and benefits of alternative funding models using bottom-up costing techniques. The draft results from the initial phase, as well as the plans for the next phase of research, will inform discussions with the Taoiseach and the Cabinet Subcommittee on the best long-term approach to achieving universal healthcare, and on the development of a roadmap for healthcare reform.

Mobility Allowance Eligibility

Questions (302)

Tom Fleming

Question:

302. Deputy Tom Fleming asked the Minister for Health if he will re-instate the mobility grants for the disabled; if he will address the Equality Tribunal decision by removing the age limit; and if he will make a statement on the matter. [27579/15]

Written answers

Minister of State at the Department of Health

Conscious of the reports of the Ombudsman regarding the legal status of the Mobility Allowance and the Motorised Transport Grant, in the context of the Equal Status Acts, the Government decided to close both schemes. The Government decided that the preparatory work required for a new transport support scheme and associated statutory provisions should be progressed by the Minister for Health. The Department is seeking a solution which would best meet the aim of supporting people with severe disabilities who require additional income to contribute towards the cost of their mobility needs, while remaining within the available budget and satisfying all legal and equality concerns.

Work is ongoing on the policy proposals to be brought to Government for the drafting of primary legislation for a new scheme. The Health (Transport Supports) Bill is included in the Government's legislative programme for 2015. On foot of a Government decision, monthly payments have continued to be made by the Health Service Executive to 4,700 people who were in receipt of the Mobility Allowance at the time that the scheme closed, on the basis that this would prevent hardship and, on an interim basis, alleviate stress, anxiety and uncertainty among a vulnerable group in society.

Hospital Staff Recruitment

Questions (303, 304)

Pearse Doherty

Question:

303. Deputy Pearse Doherty asked the Minister for Health regarding a meeting in his Department on 27 February 2015 at which it was stated that it is proposed that consultants from the Saolta university health care group would travel to Letterkenny General Hospital in County Donegal as a medium to long-term solution in alleviating pressure on breast cancer services at the hospital, if this measure has been successfully introduced; the frequency of these visits; and if he will make a statement on the matter. [26930/15]

Pearse Doherty

Question:

304. Deputy Pearse Doherty asked the Minister for Health regarding a meeting in his Department on 27 February 2015, at which it was stated that further efforts were being made to fill vacant posts for two general practitioner positions in the breast cancer service in Letterkenny General Hospital in County Donegal, if these vacancies have been successfully filled; and if he will make a statement on the matter. [26932/15]

Written answers

Minister for Health

I propose to take Questions Nos. 303 and 304 together.

Following the meeting in my Department on 27 February in relation to breast cancer services at Letterkenny General Hospital, a breast surgeon from the Saolta Group attended clinics in Letterkenny in March, April, May and June. The consultant involved is next scheduled to hold a clinic in Letterkenny on 5 August. Further clinics have been provided by a locum breast surgeon in April and May and it is envisaged that such assistance will continue to be available in the short-term. Saolta is currently finalising a schedule for the period until the end of September.

The Saolta Group have held two recruitment campaigns seeking to appoint two GPs, each working 1.5 days per week, to support the Breast Unit in Letterkenny General Hospital. However, they have not secured an appointment and they propose to renew their efforts in this regard later in the year.

Hospital Staff Recruitment

Questions (305)

Pearse Doherty

Question:

305. Deputy Pearse Doherty asked the Minister for Health regarding a meeting in his Department on 27 February 2015, at which it was stated that an application for the appointment of a general surgeon with an interest in gastrointestinal surgery was to be made by the Saolta university health care group for Letterkenny General Hospital in County Donegal, if this application was made by the group; if an appointment has been carried out; and if he will make a statement on the matter. [26933/15]

Written answers

Minister for Health

As this is a service matter, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up.

Hospital Staff Recruitment

Questions (306)

Pearse Doherty

Question:

306. Deputy Pearse Doherty asked the Minister for Health following the retirement of a person (details supplied) from Letterkenny General Hospital in County Donegal, if a permanent replacement has been appointed; and if he will make a statement on the matter. [26937/15]

Written answers

Minister for Health

The Deputy's question relates to service delivery matters and accordingly I have asked the HSE to respond directly to him.

If you have not received a reply from the HSE within 15 working days please contact my Private Office and they will follow up the matter with them.

National Lottery Funding Applications

Questions (307)

Michael McCarthy

Question:

307. Deputy Michael McCarthy asked the Minister for Health if national lottery funding will be provided in respect of a sports club (details supplied) in County Cork; and if he will make a statement on the matter. [26938/15]

Written answers

Minister for Health

As the Deputy will be aware, my Department administers a National Lottery Discretionary Fund from which once-off grants are paid to community and voluntary organisations providing a range of health related services. Funding in 2015 amounts to €3.286m.

My Department has received a large number of applications under the National Lottery Discretionary Fund which are currently being processed. However, there is no record of an application for the organisation referred to by the Deputy.

Dental Services

Questions (308)

Michael Healy-Rae

Question:

308. Deputy Michael Healy-Rae asked the Minister for Health the position regarding funding for dental treatment in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [26939/15]

Written answers

Minister of State at the Department of Health

As this is a service matter, it has been referred to the Health Service Executive for direct reply to the Deputy. If you have not received a reply from the HSE within 15 working days please contact my Private Office and they will follow up the matter with them.

National Lottery Funding Applications

Questions (309)

Mattie McGrath

Question:

309. Deputy Mattie McGrath asked the Minister for Health if he will investigate and clarify a matter (details supplied) regarding Muintir na Tíre; and if he will make a statement on the matter. [26987/15]

Written answers

Minister for Health

The Organisation in question has received no funding from my Department since 2011, when a National Lottery grant of €16,000 was provided .

Rare Diseases

Questions (310)

Mary Mitchell O'Connor

Question:

310. Deputy Mary Mitchell O'Connor asked the Minister for Health the way he ensures information regarding different genetic rare disorders and other conditions that result in deafblindness are available to persons who are deafblind and their families; and if he will make a statement on the matter. [27005/15]

Written answers

Minister of State at the Department of Health

Ireland's National Rare Disease Plan was published in July 2014. It is estimated that there are over 6,000 identified rare diseases. We know that many of these conditions are complex, severe and debilitating. There are many challenges for patients living with a rare disease in Ireland including arriving at a timely and correct diagnosis as well as accessing appropriate medications and technology. These issues are at the centre of the national plan.

In addition, the HSE, in collaboration with the Royal College of Physicians Ireland has established a National Clinical Programme for Rare Diseases with a view to improving and standardising the quality of care for patients with rare diseases in Ireland.

At the beginning of June 2015 the Minister officially opened the National Rare Disease Office. This office will act as a national point of reference for enquiries on rare disease services.

In January 2015 the HSE published new guidelines giving practical guidance to all health and social care staff on how they can provide accessible services to patients and clients with a disability. The guidelines were developed by the HSE in partnership with the National Disability Authority. Access to services, as covered in the guidelines, is wide-ranging and relates to all aspects of access including accessible information.

In this context, I have also asked the HSE to reply to you directly in relation to your question.

Obesity Strategy

Questions (311)

Fergus O'Dowd

Question:

311. Deputy Fergus O'Dowd asked the Minister for Health his views on correspondence (details supplied) regarding obesity; and if he will make a statement on the matter. [27041/15]

Written answers

Minister for Health

In recognition of the challenges caused by obesity, the Department of Health is currently developing an Obesity Policy and Action Plan. A National consultation day was held recently and further consultation is being organised. The fiscal, marketing and educational issues raised in the correspondence will be considered as part of the Obesity Policy and Action Plan.

Hospital Appointments Status

Questions (312)

Robert Troy

Question:

312. Deputy Robert Troy asked the Minister for Health if he will expedite a magnetic resonance imaging, MRI, scan at Tullamore Hospital in County Offaly in respect of a person (details supplied) in County Longford. [27045/15]

Written answers

Minister for Health

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

The scheduling of appointments for patients is a matter for the hospital to which the patient has been referred. Should a patient's general practitioner consider that the patient's condition warrants an earlier appointment, he or she should take the matter up with the consultant and the hospital involved. In relation to the specific case raised, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up.

Ambulance Service Provision

Questions (313)

Finian McGrath

Question:

313. Deputy Finian McGrath asked the Minister for Health the position regarding the Dublin Fire Brigade ambulance service for a hospital in Dublin in respect of persons (details supplied) in Dublin 10; and if he will make a statement on the matter. [27059/15]

Written answers

Minister for Health

As this is a service matter, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up.

Nursing Homes Support Scheme

Questions (314)

Mattie McGrath

Question:

314. Deputy Mattie McGrath asked the Minister for Health the total cost of the Health Service Executive nursing homes support scheme, a fair deal, in the last full calendar year of its operation; the average weekly charge in each executive-administered nursing home taking part in the scheme by county; and if he will make a statement on the matter. [27060/15]

Written answers

Minister of State at the Department of Health

As this is a service matter it has been referred to the Health Service Executive for direct reply. If you have not received a reply from the HSE within 15 working days please contact my Private Office and they will follow up the matter with them.

Sexual Offences Data

Questions (315)

Billy Kelleher

Question:

315. Deputy Billy Kelleher asked the Minister for Health if he will provide, in tabular form, the number of sexual abuse allegations reported from 1990 to date in 2015; the number that have been investigated; and that have gone before the criminal courts; the number of health care employees convicted; and if he will make a statement on the matter. [27099/15]

Written answers

Minister for Health

I have asked the HSE to respond to the Deputy directly on the matter. If you have not received a reply from the HSE within 15 working days, please contact my Private Office and they will follow up the matter with them.

Hospital Appointments Status

Questions (316)

Barry Cowen

Question:

316. Deputy Barry Cowen asked the Minister for Health when a person (details supplied) in County Offaly may expect an appointment at the Royal Victoria Eye and Ear Hospital in Dublin 2. [27100/15]

Written answers

Minister for Health

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

The scheduling of appointments for patients is a matter for the hospital to which the patient has been referred. Should a patient's general practitioner consider that the patient's condition warrants an earlier appointment, he or she should take the matter up with the consultant and the hospital involved. In relation to the specific case raised, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up.