Written Answers Nos. 202-221
202. Deputy Bernard J. Durkan asked the Minister for Health if a medical card will issue and the timeframe for same in the case of a person (details supplied); and if he will make a statement on the matter. [32043/17]
View answerThe Health Service Executive has been asked to examine this matter and to reply to the Deputy as soon as possible.
The Health Service Executive operates the General Medical Services scheme, which includes medical cards and GP visit cards, under the Health Act 1970, as amended. It has established a dedicated contact service for members of the Oireachtas specifically for queries relating to medical cards and GP visit cards, which the Deputy may wish to use for an earlier response. Contact information was issued to Oireachtas members.
203. Deputy Bernard J. Durkan asked the Minister for Health the extent to which treatment and backup can be offered to persons (details supplied); if early access to required surgery and other therapeutic services can be arranged; and if he will make a statement on the matter. [32050/17]
View answerAs this is a service matter, I have asked the HSE to respond to you directly.
204. Deputy Billy Kelleher asked the Minister for Health the number of beds available in each of the years 2013 to 2016 and to date in 2017, in each local health office for persons with addiction issues for both under 18 years of age and over 18 years of age, in the areas of detox and residential addiction treatment; the locations of such beds available; and if he will make a statement on the matter. [32056/17]
View answerAs this is a service matter, it has been referred to the Health Service Executive for attention and direct reply to the Deputy.
205. Deputy Billy Kelleher asked the Minister for Health the Acts in force for which he has lead responsibility that have parts or sections yet to be formally commenced; the details or purpose of same, in tabular form; and if he will make a statement on the matter. [32057/17]
View answerInformation is shown in the following table on Acts enacted over the last decade for which I have overall lead responsibility and that have sections or Parts yet to be commenced. The Deputy might let me know if he would like commencement information in regard to any specific earlier Act or in regard to any Act under the overall aegis of another Minister but which have Parts or sections for commencement by the Minister for Health.
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Acts passed since 2007 |
Sections not in force |
Timeline |
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Medical Practitioners (Amendment) Act 2017 |
Act passed in May 2017 and not in force. |
It is envisaged that a commencement order will be made later this year. |
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Misuse of Drugs (Supervised Injecting Facilities) Act 2017 |
Act passed in May 2017 and not in force. |
The HSE has established a working group to establish the first supervised injecting facility on a pilot basis in order to determine its utility, safety and cost-effectiveness in an Irish context. The Act will be commenced in parallel to the work to establish this pilot facility. |
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Misuse of Drugs (Amendment) Act 2016 |
Sections 4, 5 and 7(a), (b) and (f) |
Sections 4 and 5 facilitate the commencement of provisions of the Irish Medicines (Miscellaneous) Provisions Act 2006, transferring responsibility for the issuing of controlled drug licences from the Minister for Health to the Health Products Regulatory Authority (HPRA). Discussions on the transfer of functions from the Department to the HPRA under these sections are on-going. Sections 7(a), (b) and (f) revoke certain statutory instruments which were confirmed under the Misuse of Drugs (Amendment) Act 2015. These sections will be commenced when new regulations are made. |
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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. |
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Health Identifiers Act 2014 |
Sections 7(2)-(6), 10(3), 11(1)-(5), (7), 12-20, 24, 35-39. |
This is a comprehensive Act which is being commenced on a phased basis. |
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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. |
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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 cannot 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 sections will take place during 2017. |
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Public Health (Sunbeds) Act 2014 |
Section 14. |
This section relates to training. The matter is still under consideration. |
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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. |
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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. |
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Nurses and Midwives Act 2011 |
Sections 4(2), 9(2)(g)(ii), 37(2)(a), 39, 40, 41, 44, 45, 59(1)(b) regarding professional competence, 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. No date set for the commencement of the remaining sections. |
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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. |
206. Deputy Billy Kelleher asked the Minister for Health if private charges may only be implemented from the date on which the private patient waiver form is signed; and if he will make a statement on the matter. [32058/17]
View answer207. Deputy Billy Kelleher asked the Minister for Health if all persons should be fully informed of the services they will receive in both the private or public system prior to signing the patient waiver form; and if he will make a statement on the matter. [32059/17]
View answer208. Deputy Billy Kelleher asked the Minister for Health if all public hospitals are adhering to the terms of Consumer Protection Act 2007 when offering private services to consumers; and if he will make a statement on the matter. [32060/17]
View answer209. Deputy Billy Kelleher asked the Minister for Health the person that sanctioned the issuance of correspondence threatening debt collectors to persons after demanding that patient waiver forms be signed after discharge from a hospital; and if he will make a statement on the matter. [32061/17]
View answerI propose to take Questions Nos. 206 to 209, inclusive, together.
The core purpose of the public hospital system is to provide services for public patients. Nonetheless, historically and currently a proportion of activity in public hospitals involves the provision of care to private patients and the income generated in this way is a key component of the funding of the public hospital system. Any curtailment of this funding stream would put further pressure on the Exchequer and the taxpayer in order to maintain service levels.
The Comptroller and Auditor General identified in his 2008 Report that for 50% of private patients no private inpatient charge applied, as they were accommodated in either a designated public bed or non-designated bed. The inability under the law to collect a private inpatient charge in such instances represented a significant loss of income to the public hospital system and to taxpayers and represented an indirect subsidy to private health insurance companies.
The Health (Amendment) Act 2013 was enacted to address the issue identified by the Comptroller and Auditor General and provided for the charging of all private patients in public hospitals, irrespective of the type of accommodation used.
When patients are admitted to hospital they always have the option of being treated as a public patient or opting to be treated as a private patient. Those patients opting to be treated privately have chosen to pay the consultant and the hospital in respect of the services that each provides. The charges applied in respect of private care in a public hospital relate not only to accommodation costs but also costs associated with non-consultant hospital doctors, nursing staff, medicines, blood, medical and surgical supplies, radiology, diagnostics, operating theatres, laboratories, administration and support staff.
The HSE levies the appropriate charge for private patients in public hospitals in accordance with the Health (Amendment) Act 2013. The private patient waiver form to which the Deputy refers has no legal standing in relation to the application of these charges.
The operational procedures for the management of patients' treatment preferences and the collection of private inpatient charges are a matter for the HSE in the first instance and I have asked the Executive to respond directly to the Deputy in this regard. The application of these necessary procedures must be sensitive to the health status of patients whilst in hospital and I want to ensure that patients do not experience upset at such a difficult time. My Department is therefore working with the HSE to ensure that the processes in place across the hospital system for implementing the law in this regard are appropriate and that a consistent approach is taken in implementing them.
210. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine if he will review correspondence from an organisation (details supplied); his views on off-farm employment; and if he will make a statement on the matter. [31827/17]
View answerOff-farm employment opportunities are crucial to economic sustainability for many farm families. That has always been the case, and I am pleased that the economic recovery has generated additional employment opportunities in many rural areas. On almost half of all farms, either the holder and/or spouse has off-farm employment.
Teagasc released the preliminary results of the National Farm Survey 2016 recently, which showed average farm income of €24,000. However, there are significant differences in farm income depending on the farming system and size of farm. It should be borne in mind that almost two-thirds (64%) of the farms represented by the National Farm Survey are classified as part-time based on labour input required. These farms had an average family farm income of €11,355. The remaining 36% of farms are classified as full-time, based on labour input required, with an average family farm income of €46,500.
211. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will address a matter (details supplied) regarding the nitrates review campaign; and if he will make a statement on the matter. [31856/17]
View answerIreland’s Nitrates Action Programme (NAP) is designed to prevent pollution from agricultural sources and to protect and improve water quality.
EU Member States are required to review their NAP at least every four years. In 2017, the Minister for Housing, Planning, Community and Local Government (DHPCLG) which is the lead authority, assisted by the Department of Agriculture, Food & the Marine (DAFM) embarked on the third review of Ireland’s NAP with the European Commission, with a view to having the fourth NAP in place by 2018, to run from 2018 to 2021. The further objective is that, subject to approval of the fourth NAP, the agreement with the Commission of the renewal of Ireland’s nitrates derogation for the period 2018 to 2021. The continuance of the derogation, which allows more intensive farmers to exceed the 170 kg/ ha nitrogen from livestock limit, is considered vital to achieve targets set out under Food Harvest 2020 and Food Wise 2025.
As part of the NAP review a public consultation has taken place; 28 submissions were received including submissions from farmers and farming organisations. All the submissions have been reviewed and considered by the Expert Group, consisting of personnel from DHPCLG, Teagasc, EPA and my Department. These will form the basis for proposals to the Commission for a new Nitrates Action Programme; it is required that the proposals must have a scientific basis.
As regards nitrates penalties, the €100m Knowledge Transfer Scheme which has over 20,000 participating farmers includes a focus on environmental sustainability and in helping farmers pursue best practice, thereby reducing the risks of non-compliance and penalties. In addition my Department is regularly communicating with farmers including providing Nitrogen and Phosphorus statements to aid compliance with regulatory requirements and issuing text messages to those farmers who may be close to their nitrates limits.
212. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the number of lobsters, crabs and all other species of shellfish caught around the coast of Inishowen and also the coast of County Donegal in 2015 and 2016, and to date in 2017; and if he will make a statement on the matter. [31863/17]
View answerFigures for fish landings in Ireland are retained by the Sea-Fisheries Protection Authority(SFPA), Ireland's competent authority for Seafood Safety and Sea-Fisheries Protection.
I have asked the SFPA to send the requested landings figures directly to the Deputy.
213. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the actions he will take to protect fishing interests following the announcement by the British Government that it intends to leave the London Fisheries Convention of 1964; the process involved for withdrawal; and his views on the impact this will have on fishermen here and the wider industry, in view of the large percentage of landings made from the UK exclusive economic zone. [31932/17]
View answer214. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the steps he is taking to protect fishing interests at upcoming Brexit negotiations following the announcement by the British Government that it intends to leave the London Fisheries Convention 1964; and his views on the impact this will have on Brexit discussions and the Common Fisheries Policy. [31933/17]
View answerI propose to take Questions Nos. 213 and 214 together.
The action by the UK in announcing its withdrawal from the 1964 London Fisheries Convention was not unexpected. The UK Government had been intimating this decision for some time now. It is nonetheless unwelcome and unhelpful as it suggests a signal of the UK intent to take a hard line on fisheries in the context of Brexit.
However, there are no immediate direct impacts for the Irish fishing industry from this action as it will not take effect for two years. Any longer term impacts will only become clear in the overall context of the Brexit negotiations. It is the message of intent and the potential implications of that intent in the wider 12 to 200 mile zone that causes concern for the negotiations to come.
The Convention deals primarily with the right of a number of countries to fish in each other's 6 to 12 mile fishing zones based on historic fishing activity. Most of these rights were later incorporated into the Common Fisheries Policy.
Under the Convention, the Irish fishing fleet has access to parts of the UK 6-12 mile zone while the UK fleet has similar access to parts of the Irish zone. The Irish fleet is not significantly dependant on this limited access. We do however catch significant quantities of fish in UK waters outside of the 12 mile zone.
As Michel Barnier noted earlier this week, the UK decision to withdraw from the London Fisheries Convention will not trigger any immediate change and he is focused on prioritising the fisheries interests of the EU 27.
This will not be a piecemeal negotiation with fisheries isolated from the wider negotiations on a post Brexit EU/UK relationship. There is a long way to go yet and nothing will be agreed until everything is agreed.
For this Government there are two clear objectives when it comes to fisheries and Brexit – the maintenance of our existing quota shares and our existing rights of access. This has, and will continue to be, my overriding priority.
To achieve these objectives, we must have unity of purpose across the Member States directly concerned and across the fishing industry. Disunity will only strengthen those in the UK that seek to exclude all EU fleets.
As the negotiations develop unilateral sectoral announcements, like this one, will be dealt with, as this will be, within the Brexit negotiation process and there will be no room, or indeed intent, to address issues in isolation.
I am working closely with our fishing industry and held a detailed public discussion with stakeholders just last week in Galway. I will remain in close contact with fisheries stakeholders as the issues develop and work with them and my fellow fisheries Ministers in the EU to ensure that we are all fully prepared for what are likely to be extremely complex negotiations.
I strongly believe that a unified front on these matters is best for Ireland, the EU and the continued sustainability of our stocks.
In conclusion, I would like to assure the Deputy that I will be unequivocal in opposing any dilution of our existing EU quota shares, including protecting the benefit to Ireland of the Hague Preferences, and any limitations on our existing rights of access.
215. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 1680 of 20 June 2017, the criteria that apply under European regulations with respect to costs incurred and income foregone basis. [31934/17]
View answerArticle 33 of the Regulation (EU) No 1305/2013 provides for measures under animal welfare. Article 33 (2) provides that any payments shall be granted annually and shall compensate farmers for all or part of the additional costs and income foregone resulting from the welfare commitment made.
Where necessary, these costs may also cover transaction costs to the value of up to 20% of the premium paid for the animal welfare commitments.
In relation to costs eligible under animal welfare measures, only the cost of actions that go above and beyond any minimum regulatory requirements or normal husbandry practises may be deemed eligible. Any costs associated with practises carried out as part of normal husbandry practises are therefore not eligible.
216. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the State's ranking compared with other EU countries regarding research carried out by the Joint Research Centre of the European Commission regarding CO2 per kilogram of milk and CO2 per kg of beef produced here. [31935/17]
View answerThe Report the Deputy is referring to is the European Commission’s JRC Report, titled “Evaluation of the livestock sector's contribution to the EU greenhouse gas emissions (GGELS)”.
The Report recognised that Ireland, with Austria, had the lowest cow milk emissions at 1 kg per kg of product, with the highest in Cyprus (2.8 kg) and Latvia (2.7 kg). The EU average was 1.4kg per kg.
Regarding beef, the Report found that Ireland’s emissions per kg of beef were 18.4 kg per kg. The EU average was 22.2kg per kg.
The Report can be found at the following link:
https://ec.europa.eu/agriculture/sites/agriculture/files/external-studies/2010/livestock-gas/full_text_en.pdf
217. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine further to the recently completed review of the veterinary laboratory services, his plans to ensure that all such facilities remain open; and if he will make a statement on the matter. [31936/17]
View answerThe Department of Agriculture Food and the Marine (DAFM) Laboratories are an integral part of the Department, providing critical scientific evidence and expertise (in animal health, food safety and plant sciences) which allows the Department to function effectively as a regulator, to deal with new and emerging risks and to rapidly respond to disease outbreaks and food safety incidents. The laboratories also provide valued services and advisory support to the farming community, the food industry and wider society.
The ambitious targets of the Agrifood industry for growth and development over the next decade, as set out in Food Wise 2025, must be underpinned by robust systems which protect and enhance our reputation as a producer of safe and wholesome food and one of the ways in which we must respond to this challenge is by developing a long-term strategy for the laboratories - building on existing capability and expertise in animal health, food safety and plant sciences, and ensuring we achieve both operational and scientific excellence.
This was the primary reason for tasking a Working Group led by Prof. Alan Reilly to undertake a comprehensive review of the Department’s Laboratories. This review has considered both the central laboratory complex at Backweston and the eight regional laboratories located at Athlone, Cork, Kilkenny, Limerick and Sligo. The Group has presented a report to the Department, which makes recommendations on:
- Oversight and co-ordination of the laboratories' activities
- Re-organisation of Divisions and support functions within the Central Laboratory complex
- Options for the future development of the Regional Laboratories - with a view to improving disease investigative and surveillance capability but with the over-riding imperative of maintaining and enhancing services to farmers and
- Human resources management within the laboratories - with a focus on grading structures, career development opportunities and workforce planning
To date no decision has been taken in respect of the options proposed for the Regional Veterinary Laboratories (RVLs). My Department has recently completed an initial consultative process with all relevant stakeholders on the Working Group report (including on the options for RVLs). A cost-benefit analysis of the various options proposed will be undertaken shortly. Any decision I make on the RVLs will be informed by the consultative process and the outcome of the cost-benefit analysis.
218. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine his plans to increase the Exchequer funding committed to each measure and sub-measure under the current regional development plan; and if there are regulatory impediments to this. [31937/17]
View answerThe current Rural Development Programme is fully funded for its duration and I have no plans to increase the funding at this time. Our focus now is on full implementation of the existing schemes. Any changes to the Rural Development Programme's financial plan would be made by way of an amendment following consultation with the RDP Monitoring Committee. The procedure for amending the Rural Development Programme is set out in Article 11 of EU Regulation 1305/2013 of the European Parliament and of the Council.
219. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the number of EU member states that have both a suckler cow welfare scheme and an agri-environmental beef measure in operation under the regional development plan. [31938/17]
View answerThere are 118 Rural Development Programmes across the EU for the 2014-2020 programme period implemented via 20 measures and 67 sub-measures. The breakdown of specific measures per Member State as sought by the Deputy is not readily available. However, information on individual Rural Development Programmes are accessible on the European Commission's website (link supplied) and may be of interest to the Deputy.
https://ec.europa.eu/agriculture/rural-development-2014-2020/country-files_en
220. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the number of participants in the sustainable beef assurance scheme, by county, in tabular form; and the costs the Exchequer incurs for this scheme annually. [31939/17]
View answerThe Quality Assurance Schemes operated by Bord Bia have been developed over a period of years and extend beyond the farm gate as vertical industry integrated schemes. They are voluntary in nature. The Beef Quality Assurance Scheme commenced in 2004, and a Lamb Scheme commenced in 2007. A combined Beef and Lamb Quality Assurance Scheme commenced in January 2011. Both beef and lamb feature in the Sustainable Beef and Lamb Assurance Scheme launched in April 2017. An amount of €6 million has been provided in 2017 for independent on-farm inspection and certification. The scheme is run by Bord Bia, and as this is an operational matter, should the Deputy require any further information, he should contact Bord Bia directly at the agreed Oireachtas contact address: info@bordbia.ie.
221. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the costs the Exchequer incurs for the sustainable dairy assurance scheme annually. [31940/17]
View answerThe Sustainable Dairy Assurance Scheme, launched in December 2013, was developed in cooperation with milk producers, processors and the regulatory authorities, including my Department. The Scheme gives the dairy sector the capability to both benchmark Irish milk production internationally and to demonstrate the commitment of Irish dairy farms to sustainable farming practices. The Scheme also allows the sector access to markets and buyers that demand on-farm certification and provide assurance for those customers regarding sustainable production of quality milk.
The scheme is open to all milk producers with a valid herd registration who supply to milk processors in the Republic of Ireland. The scheme is run by Bord Bia, and as this is an operational matter, should the Deputy require any further information, he should contact Bord Bia directly at the agreed Oireachtas contact address: info@bordbia.ie.
