Written Answers Nos. 268 - 286
268. Deputy Róisín Shortall asked the Minister for Health whether all sections of the Misuse of Drugs Act 2016 have been commenced; if so, the date on which they commenced; and the impact to date of this legislation [5170/17]
View answerThe Misuse of Drugs (Amendment) Act 2016 was passed by the Oireachtas on the 27 July 2016. Controlling the substances in the Act was part one of a two-step process and Regulations and various Orders are also required to allow legitimate users (e.g. patients with a prescription, health professionals) to possess the substances. It is expected that various sections of the 2016 Act can be commenced in the coming weeks when the drafting of the various Regulations and Orders is complete.
Once the Regulations are finalised, under the Technical Standards Directive, Member States are required to inform the Commission of any new regulations or standards which may create a barrier to the free movement of goods. Since these draft Regulations have the potential to affect trade, in particular because of the introduction of a requirement for import licences, they must be notified to the EU whilst they are in draft and before they are adopted in national law.
Notified regulations are usually subject to a 3-month standstill period - to enable the Commission and the other Member States to examine the notified text and to respond appropriately. The Department intends to invoke an urgency procedure which can shorten the notification period to 10 days if the matter is considered to be related to the protection of public health or safety. If the Commission does not raise any objections the Regulations will be in order to be signed.
The primary purpose of the 2016 Act is to protect public health by bringing certain substances which are open to misuse and known to be traded on the illicit market under the scope of the Misuse of Drugs legislation. These include so-called z-drug sedatives - zopiclone and zaleplon.
The Act also controls the benzodiazepine phenazepam and a number of new psychoactive substances which Ireland is required to control under our EU and UN obligations, as well as two substances found in the headshop drug ‘Clockwork Orange’.
The new Regulations will apply import and export controls, tighter prescribing and dispensing controls as well as an offence of possession, thereby assisting the Customs and An Garda Síochána in protecting public health and local communities. Benzodiazepines, such as diazepam, will also be subject to these additional controls.
Whilst the imperative to bring these medicines under the control of the Misuse of Drugs Acts is understood, many of these medicines are used by tens of thousands of legitimate patients. Updating the regulations from 1988, imposing additional prescription and dispensing controls on many of the legitimate medicines has had to be undertaken whilst ensuring that there are no significant unintended consequences on those legitimate patients and ensuring healthcare professionals are enabled to continue to prescribe and dispense these medicines, as appropriate.
269. Deputy Bobby Aylward asked the Minister for Health if the mobile catheterisation laboratory announced for Waterford University Hospital is currently under ownership of the Health Service Executive or if it is yet to be procured; the country of origin; the price paid by the Health Service Executive and the daily cost of operating the unit; if additional specialised consultants, theatre nurses and support staff will be hired to operate the unit; if not, if it will be operated by appropriate medical practitioners currently under employment of the HSE; and if he will make a statement on the matter. [5191/17]
View answerBudget 2017 makes specific provision for those patients waiting longest for treatment within the health service. In this context, I am considering a national cardiology waiting list initiative which will address waiting times for cardiology treatments in a number of hospitals, including University Hospital Waterford (UHW). A range of measures are envisaged including sharing of facilities and resources within and between Hospital Groups, use of private facilities and the deployment of a mobile cath lab. I have written to the Director General of the HSE about the proposed initiative and I expect that further details will be made available in the coming weeks.
270. Deputy Robert Troy asked the Minister for Health if his attention has been drawn to the fact that, as per the national maternity strategy and safe motherhood, every mother should have a dating scan and a full anomaly scan in pregnancy; the reason only one third of patients at Midland Regional Hospital, Mullingar, have a dating scan carried out; if his attention has been further drawn to the fact that, of these, only 50% are carried out by trained staff; and the reason only 10% of expectant mothers are receiving anomaly scans at Midland Regional Hospital, Mullingar (details supplied). [5212/17]
View answerThe HSE has advised that the Midland Regional Hospital Mullingar currently provides foetal anomaly scanning to high risk patients one day per week. In addition, some patients are referred to the National Maternity Hospital.
The Deputy is aware that the National Maternity Strategy is clear that all women must have equal access to standardised ultrasound services. The Strategy will be implemented on a phased basis over the coming years, and this work will be led by the HSE National Women & Infants Health Programme. In this regard, the newly-appointed Programme Director has advised that clinical guidance on routine 20 week anomaly scans will be developed as a priority.
In the interim, the Programme will continue to work with the six hospital groups to assist in increasing access to anomaly scans for those units with limited availability. One of the current challenges to increase access to anomaly scans is the recruitment of ultra-sonographers. In this context it is expected that the establishment of maternity networks across hospital groups will assist in the development of a sustainable model that ensures that all women within each hospital group, including those attending the Midland Regional Hospital Mullingar, can access anomaly scans routinely.
271. Deputy Michael McGrath asked the Minister for Health if he and any Minister of State in his Department use a personal e-mail account for work purposes; the security controls in place relating to the use of personal e-mail accounts for Department related business; if his Department has a policy on the matter; and if he will make a statement on the matter. [5256/17]
View answerAll Ministers at my Department conduct official business through official Department of Health secure email accounts. The Department's ICT Acceptable Usage Policy states that users may not transmit sensitive or classified information using third party email services. Access to webmail services is not permitted from the Department's network. The Ministers of State do not use personal email accounts for work purposes. I have on rare occasions used my gmail account. While a review is underway, there is currently no policy preventing members of Government using personal accounts.
272. Deputy Róisín Shortall asked the Minister for Health to identify the Acts or sections or other provisions of Acts, coming wholly or partly under the auspices of his Department, or for the commencement of which his Department is wholly or partly responsible, that are not in force and that require the future making of a commencement order; if, in each case, it is intended to make such an order; if so, when; the reason for the failure to make such an order to date; and if he will make a statement on the matter. [5271/17]
View answerThe Deputy will appreciate that legislation coming wholly or partly under the auspices of my Department goes back many years. The information sought is shown in the following table in regard to legislation passed since 2004. The Deputy might let me know if she would like information in regard to any specific earlier Act.
|
Name of the Act |
Sections not in force |
Timeline |
|
Misuse of Drugs (Amendment) Act 2016 |
Whole Act. |
Regulations and various Orders are required to allow legitimate users to possess the substances which are controlled under this Act. Work on drafting the regulations is at an advanced stage. Various sections of the Act will be commenced when the associated regulations are finalised. See also the Irish Medicines Board (Miscellaneous Provisions) Act 2006. |
|
Assisted Decision-Making (Capacity) Act 2015 |
Part 8 of the Act (except section 91(2) and some related definitions). |
This Part deals with advance healthcare directives (AHDs). The Director of the Decision Support Service is not in post and a Code of Practice to provide advice and guidance on how the AHD legislation will operate has yet to be developed. A multidisciplinary Working Group has been established to undertake the preliminary work relating to the development of the Code of Practice. Upon the completion of its work, the Working Group will submit its recommendations to the Director of the Decision Support Service. The Commencement Order will be signed when the Director is in post and the Code of Practice has been agreed and approved by the Minister. |
|
Children and Family Relationships Act 2015 |
Parts 2 and 3 are under the remit of the Minister of Health. |
Significant preparatory work is needed to facilitate a seamless transition to the new regulatory framework laid out in the Act. That work is underway. It is intended that Parts 2 and 3 will be commenced later this year. |
|
Health (General Practitioner Service) Act 2015 |
Section 2 - Amendment of section 58 of Health Act 1970. |
Consultations are ongoing with the AGO. A decision will be made on commencement on the conclusion of the consultation process. |
|
Public Health (Standardised Packaging of Tobacco) Act 2015 |
Sections 7(1)-(5), 7(7)-(12); 8; 9(1)-(5), 9(7)-(12); 10; 11 and 14. |
Awaiting the enactment of the Health (Miscellaneous Provisions) Bill 2016. |
|
Health Identifiers Act 2014 |
Sections 7(2)-(6); 10(1)(a),( 2) and (3); 11(1)-(5),(6)(b)-(f), (7); 12-20; 24; 35-39. |
These sections relate to the use and access to the register of Individual Health Identifiers, establishing and operation the register of Health Service Provider Identifiers and related matters. This is a comprehensive Act which is being commenced on a phased basis. A further Commencement Order is currently being prepared. |
|
Health (General Practitioner Service) Act 2014 |
Sections 2, 3(a) and 9 - Amendments to Health Act 1970 and other issues. |
Consultations are ongoing with the AGO. A decision will be made on commencement on the conclusion of the consultation process. |
|
Health (Miscellaneous Provisions) Act 2014 |
Sections 6(a)(iii), 12(b), insofar as it relates to the insertion of subsection (1B) of section 26 of the Health and Social Care Professionals Act 2005; sections 21 and 23. |
Section 6(a)(iii), part of section 12(b) and section 21 relate to the proposed division of the profession of radiographer into the two professions of radiographer and radiation therapist. The commencement of section 6(a)(iii), part of section 12(b) and section 21 can not take place until CORU has made various bye laws. Section 23 provides for conditions to be attached to the registration of a person with a relevant medical disability. The registration system is being updated to allow section 23 to be commenced. It is envisaged that commencement of these orders will take place during 2017. |
|
Public Health (Sunbeds) Act 2014 |
Section 14. |
This section relates to training. The matter is still under consideration. |
|
Health (Alteration of Criteria for Eligibility) Act 2013 |
Section 4 - Amendment of section 47 of Health Act 1970 (Appeals). |
Consultations are ongoing with the AGO. A decision will be made on commencement on the conclusion of the consultation process. |
|
Health (Amendment) Act 2013 |
Section 4. |
This section provides that the HSE may outsource the operation and administration of the Nursing Homes Support Scheme. However there are no plans at present to change the existing arrangements in this regard. |
|
Nurses and Midwives Act 2011 |
Sections 4(2); 9(2)(g)(ii); 37(2)(a); 39; 40; 41; 44; 45; 59(1)(b), 59(2)(d); 65(1)(b); 84; 87 – 91; 102(2),(3),(5) and 103. |
This is a comprehensive piece of legislation which is being commenced on a gradual basis. Commencement is to be decided. |
|
Health Act 2007 |
Section 41(1)(a). |
This relates to the boarding out arrangements for dependent adults in a private house. This provision is used to a very limited extent and the Health Service Executive makes arrangements to monitor the service. The section provides for the Chief Inspector of Social Services to inspect the performance of the HSE in this regard. There are no plans at present to extend this function to the Chief Inspector of Social Services. |
|
Irish Medicines Board (Miscellaneous Provisions) Act 2006 |
Sections 7 and 11(a)(v). |
There is legal inconsistency with the Irish Medicines Board Act and the Misuse of Drugs Act 1977 which needs to be addressed. The Misuse of Drugs (Amendment) Act 2016 makes a number of technical amendments to allow the commencement of sections 7 and 11(a)(v) of the Irish Medicines Board (Miscellaneous Provisions) Act 2006. Discussions on the transfer of functions from the Department to the Health Products Regulatory Authority under these sections are on-going. |
|
Disability Act 2005 |
Part 2. |
The Act was partly commenced in 2007 in respect of children up to the age of five. In 2008, the then Government decided, in light of financial circumstances, to defer further commencement of Part 2 of the Disability Act 2005. However, arising from a High Court ruling in 2009, all children born on or after 1st June 2002 have been deemed as being eligible to apply for an assessment of need under the Act. There are no plans to extend the Act to all persons at present. |
|
- |
Section 4. |
Section 4 substitutes section 8 of the Public Health (Tobacco) Act 2002. Section 8 of the 2002 Act repeals the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotions) Act 1978 and the Tobacco (Health Promotion and Protection) Act 1988. However, sections of both of these are still in effect. This section will be commenced if and when legislation is enacted to replace the sections still in effect. |
|
- |
Section 9 in relation to subsection (5) of section 38 of the Public Health (Tobacco) Act 2002. |
This subsection refers to batch ID and was superseded by the tobacco products Directive. |
|
Public Health (Tobacco) (Amendment) Act 2004 |
Sections 11 and 12. |
Sections 11 and 12 substituted sections 40 and 41 of the 2002 Act. Section 40 refers to the testing of tobacco products. This work was not undertaken as a laboratory had not been identified to carry out the relevant testing. Section 41 refers to the publication of certain information on foot of the testing of tobacco products. These provisions will be commenced when a laboratory is designated for the purposes of the Public Health (Tobacco) Acts. |
273. Deputy John Brassil asked the Minister for Health if he will request Cork University Hospital to provide an alternative outpatient ophthalmology clinic appointment for a person (details supplied); and if he will make a statement on the matter. [5289/17]
View answerUnder 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.
274. Deputy Brendan Griffin asked the Minister for Health to outline his plans to streamline surrogacy laws; and if he will make a statement on the matter. [5296/17]
View answerOfficials in my Department are currently drafting the General Scheme of legislative provisions on assisted human reproduction (AHR) and associated research, which will include provisions relating to surrogacy. It is envisaged that the General Scheme will be completed by the end of June 2017. Once the General Scheme has been approved for publication by Government it will be submitted to the Office of the Attorney General requesting Parliamentary Counsel to draft a Bill based on the approved General Scheme.
The proposed legislation will take cognisance of the 2014 Supreme Court judgment in the MR and Anor v An tArd Chláraitheoir & Ors (surrogacy) case, which found that the birth mother, rather than the genetic mother, is the legal mother. It is envisaged that the legislation will establish a mechanism for transfer of parentage from the surrogate (and her husband, if she has one) to the intending parents.
275. Deputy Eamon Ryan asked the Minister for Agriculture, Food and the Marine to outline the action he will take to mitigate harm caused by supertrawlers on fishing communities in view of a recent documentary (details supplied); and if he will make a statement on the matter. [5067/17]
View answerI share many of the concerns expressed in the documentary referred to by the Deputy. In particular, those that referred to illegal fishing in excess of quota limits and “high grading”. The discarding of smaller less valuable fish is completely unacceptable and must be effectively ended.
There has been a focus on risk based controls by our control authorities the Sea Fisheries Protection Authority and the Naval Service in recent times in order to ensure that State resources are concentrated on those fishing vessels that are considered to be doing the most damage. We need to do more in this area and I am working at EU level for additional tools for Ireland to strengthen our control capability in respect of all fishing vessels operating in our 200 mile zone.
The monitoring and control of fishing vessels within Ireland’s Exclusive Fisheries Zone are matters for the Irish control authorities. Under the Sea Fisheries and Maritime Jurisdiction Act, 2006, all operational issues of this nature concerning sea fisheries control are, as a matter of law, exclusively for the Sea Fisheries Protection Authority (SFPA) and the Naval Service. The Minister is precluded from getting involved in operational matters including in relation to law enforcement.
In relation to the overall framework for fisheries control in the EU, in October 2009 a regulation dealing with fisheries controls was adopted. Council Regulation 1224/2009 establishes a Community control system for ensuring compliance with the rules of the common fisheries policy. Control and inspection is now focused where it is most effective through an approach based on systematic risk analysis. Inspection procedures are standardised and harmonised for all stages in the market chain, including transport and marketing. The Control Regulations were introduced so that there is a common EU level playing field and to provide for an effective range of controls across EU waters.
The Sea Fisheries Protection Authority (SFPA) and the Naval Service through the Fisheries Monitoring Centre monitor the movements of vessels when in our Exclusive Fisheries Zone, using the Vessel Monitoring System (VMS), Automatic Identification System (AIS) and declared catches through Electronic Reporting System (ERS). The SFPA is reliant on the seagoing fishery patrol activity of the Naval Service to verify compliance of vessels not landing into Ireland. Further details of monitoring and control of fishing activities by all vessels within Ireland's 200 miles Exclusive Fisheries Zone may be sought from the SFPA who are the competent authority for Sea Fisheries Control within Ireland's Exclusive Fishery Zone.
276. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine to set out the status of a farm payment in respect of a person (details supplied); and if he will make a statement on the matter. [4952/17]
View answerThe person named was approved into GLAS 1 with a contract commencement date of 1 January 2016.
The first payment due to the person named is in respect of the 2016 scheme year. During the 2016 prepayment checks an issue was identified in relation to the Low Input Permanent Pasture action which requires further examination. Once this issue is satisfactorily resolved, the application will be further processed for payment.
277. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 551 of 24 January 2017 to set out the status of an appeal for a person (details supplied); and if he will make a statement on the matter. [4953/17]
View answerThe person named commenced their AEOS 3 contract on 1 May 2013. Payments due have issued in respect of the 2013-2016 Scheme years.
Issues arose in relation to the Species Rich Grassland action following an Inspection on 8 July 2016 which resulted in a payment reduction being imposed. The person named was notified of this issue by registered letter dated 26 October 2016. This letter gave the herdowner the option of requesting a review of the decision to the Regional Inspector before 23 November 2016. There is no record of such a request to the Regional Inspector being received in this case.
A copy of the letter dated 26 October 2016 has been sent to the person named, and the Regional Inspector has indicated that if a review request as detailed in the letter is now submitted, the file will be reviewed.
278. Deputy John Brassil asked the Minister for Agriculture, Food and the Marine to outline the status of a GLAS payment in respect of a person (details supplied); and if he will make a statement on the matter. [4958/17]
View answerThe person named was approved into GLAS 1 with a contract commencement date of 1 October 2015 and full entitlements have issued in respect of the 2015 scheme year.
There was an issue with the Commonage action on the application but this has now been resolved and the application will now re-run through the 2016 prepayment checks and once successfully completed payment will issue shortly.
279. Deputy Martin Kenny asked the Minister for Agriculture, Food and the Marine to outline the position regarding his Department demanding clawback from persons who, with the aid of forestry companies, in some cases decades ago, planted land and have been grant aided ever since, but with the introduction of remote sensing technology have now been accused of overclaiming in respect of an area and have been asked to repay within a very short period, despite original acceptance of the area by the Department and despite claims for grant aid being made in good faith; and if he will make a statement on the matter. [5052/17]
View answerIn common with the other schemes administered by my Department, there is a duty to seek recovery of any amounts found to have been overpaid in respect of afforestation grants or premiums. This can occur where a claim is submitted for an area greater than the area actually planted. Such a breach of the terms and conditions of the scheme can be detected by utilising ortho photography or a ground inspection of the plantation. Before notifying a debt, the file is reviewed and all the circumstances of the case are taken into consideration.
When an applicant is notified of an overpayment they are provided with full details of the reasons for the overpayment and also advised of their right to request a review of the debt decision. If an applicant is not satisfied with the outcome of the review they may further appeal the decision to the independent Agriculture Appeals Office. This provides for a transparent process which allows due process to the applicant while protecting public money.
While 30 days is given for repayment of the debt, the applicant can seek an extended period to repay due to their circumstances.
280. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine to set out the status of an application for the TAMS 2 scheme by persons (details supplied); and if he will make a statement on the matter. [5083/17]
View answerThe applicants in question have submitted a claim for payment for Dairy Equipment supplied under the TAMS II Scheme. There are a number of outstanding issues in relation to the claim and the Department will be in direct contact with the applicants concerned in relation to the outstanding issues as they are resolved.
281. Deputy Tony McLoughlin asked the Minister for Agriculture, Food and the Marine whether grants to help young farmers buy meal bins for suckler cows under the young farmer scheme and TAMS scheme will be included in these schemes in future, as had been originally planned; and if he will make a statement on the matter. [5087/17]
View answerMeal bins are currently grant aided under the Organic Capital Investment Scheme of TAMS II. They are also available under the Dairy Equipment Scheme and the Young Farmer Capital Investment Scheme as part of in parlour meal feeding systems. There are no plans currently to extend the availability of meal bins beyond these categories.
282. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine to outline the extent to which he continues to seek out new markets for food and food products both inside and outside the EU; and if he will make a statement on the matter. [5152/17]
View answer283. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine to outline the extent to which it can be expected to replace the loss of access to the UK market for agri-food products throughout the EU and elsewhere by way of establishment of new markets; and if he will make a statement on the matter. [5153/17]
View answer284. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine to outline the extent to which positive responses have been received from potential new markets for food and food products in the aftermath of Brexit; and if he will make a statement on the matter. [5154/17]
View answer285. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine to outline the extent to which a major promotion for agri products globally can be undertaken in view of the geopolitical changes in Europe and throughout the world; and if he will make a statement on the matter. [5155/17]
View answer286. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine to outline the extent to which new markets for food and food products can be established in African and Asian countries in view of the impending Brexit; and if he will make a statement on the matter. [5156/17]
View answerI propose to take Questions Nos. 282 to 286, inclusive, together.
The pursuit and development of new markets, while also increasing our share of existing EU markets, is an ongoing and central component of the strategic development of the agri-food sector, as evidenced by its placement right at the centre of Food Wise 2025, the industry’s strategy for development over the coming decade. Indeed, this is all the more relevant after the UK’s decision to leave the EU, which presents significant new challenges for the agri-food sector in particular. In accordance with this development, Brexit has now been added as a standing item to the agenda of the Food Wise High Level Implementation Committee.
In terms of the European dimension to our response, additional funding that I have provided to Bord Bia - including through Budget 2017 - has been used to support market diversification efforts by companies through its Market Intensification Programme, which was launched in late October 2016, and to support promotional campaigns for Irish beef in Germany and the Netherlands.
In addition, Bord Bia has been providing information to companies on how to establish a presence in other EU countries, and using its network of offices to build long-term relationships in those markets, including through participation in trade fairs. It has also recently opened a new office in Warsaw to expand its support in Eastern Europe.
Looking beyond Europe, Food Wise 2025 outlines the huge potential for growth in agri-food exports to new and emerging markets, particularly in Asia, Africa and the Gulf region. The value of exports to emerging markets in Asia, Africa, the Middle East and Central/South America stood at almost €2.2 billion in 2015, which represented an increase of 82% on the figure for 2010. Exports to these markets now account for 21% of total food and drink exports compared to 16% in 2010. This growth in share of exports occurred during a period when total food and drink exports jumped by more than 45%.
Growth to emerging markets has been led by Asia, with trade growing by more than 250% to €955 million, and led by China, which recorded a fourfold increase. Exports to other Asian markets more than doubled over the period to €300 million. Again, Bord Bia has been intensifying its work in these markets, and has opened a new office in Singapore to service eight emerging markets in South East Asia.
Trade to Africa grew by more than 50% over the period to €535 million. Exports to the Middle East jumped by a third to €380 million. Trade to Central/South America was 60% higher at €91 million in 2015.
In keeping with these priorities, I led a Trade Mission to China and Singapore in September 2016 and at the same time Minister Doyle led a Trade Mission to Vietnam and South Korea in September 2016. In November I also led a trade mission to Morocco, which was extended at senior official level to include Algeria. Earlier in 2016, senior officials accompanied a Bord Bia trade mission to Iran, and travelled on to Turkey and met with officials to discuss the opening of trade in live animals, which was subsequently secured.
I will lead a further Trade Mission to the Gulf Region at the end of February. This will cover the Kingdom of Saudi Arabia and the United Arab Emirates. My Department is currently working with Bord Bia and Enterprise Ireland to finalise the arrangements for this mission, which will include participants from across the agri-food sector, and will feature extensive trade contacts as well as political discussions with my counterparts in the host countries. The mission will serve to enhance and improve our existing levels of market access in Saudi Arabia and the UAE. It will also promote Ireland’s reputation as a producer of high quality, safe and sustainably produced meat and dairy products in the Gulf region.
I am also considering a range of other destinations for the remainder of 2017, although no decision has yet been made in terms of content or timing. Again, markets in Asia, Africa and America are likely to feature prominently in these considerations, and I am of course ready to respond as appropriate to other opportunities that may arise.
