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Wednesday, 17 Jan 2018

Written Answers Nos. 134-139

Medical Records

Questions (134)

Martin Ferris

Question:

134. Deputy Martin Ferris asked the Minister for Health if a hospital from which a person has chosen to disengage is entitled to request the person's files from the hospital in which the person is now attending; if so, if the consent of the person is required; and if he will make a statement on the matter. [2304/18]

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Written answers

The detailed circumstances pertaining to the individual case outlined by the Deputy are unclear. Where files are requested, data controllers should have careful regard to the nature of the request and the purpose for which the files are being requested. The rights of the patient regarding their personal health data and with whom that data can be disclosed should be of paramount importance in any consideration. Current data protection legislation clearly sets out strict rules regarding the processing of sensitive personal data (which includes data concerning health) by data controllers. Processing of personal data includes the collection, use and disclosure of data. A number of conditions are set out for the fair processing of sensitive data concerning health including consent and where such processing is necessary for a number of different reasons. These are detailed in Sections 2 A and B of the Data Protection Act 1988 (as amended). The EU General Data Protection Regulation (GDPR) takes effect on 25 May 2018 as the legal instrument for regulating the collection, use and disclosure of personal data.

Hospital Beds Data

Questions (135)

Dara Calleary

Question:

135. Deputy Dara Calleary asked the Minister for Health the number of beds in use on 11 January 2018 in each hospital; the bed capacity of each hospital if all bed spaces were fully available; the reason all spaces in hospitals are not being fully utilised; and if he will make a statement on the matter. [2305/18]

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Written answers

In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to you directly.

Hospital Accommodation Provision

Questions (136)

Dara Calleary

Question:

136. Deputy Dara Calleary asked the Minister for Health if he or his officials discussed the bed capacity review with the Minister for Finance or his officials in advance of budget 2018; the stage at which the bed capacity review was in October 2017; and if he will make a statement on the matter. [2306/18]

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Written answers

The Health Service Capacity Review is examining health service capacity across all key areas of primary care, acute care and services for older people.

My Department had direct engagement with the Department of Public Expenditure and Reform on the terms of reference for the Review early last year. The emerging findings from the process have also been the subject of broader discussions with that Department in relation to health reform and future capital investment in the context of the mid-term review of both the current capital plan and the forthcoming ten year National Development Plan.

By October 2017, significant progress had been made on data collection, data analysis, and the development of baseline projections. A public stakeholder consultation process and detailed engagement with health system experts had been carried out and the International Peer Review Group had substantively validated the Review's approach and methodology. Sufficient progress had also been made on modelling the impact of potential policy and productivity changes over the projection period.

Work on the Health Service Capacity Review is now at an advanced stage. This Review will provide a basis for determining both the extent of capacity requirements over the next 15 years and the type of capacity needed. The findings will inform the development of a new 10 year national development plan.

I expect to receive the final report very shortly and I intend to bring the report to Government and have it published as soon as possible thereafter.

Vaccination Programme

Questions (137)

Dara Calleary

Question:

137. Deputy Dara Calleary asked the Minister for Health if his attention has been drawn to the fact that the HSE only delivers flu vaccines to pharmacies on a fortnightly basis; his views on whether this is sufficient in view of the recent outbreak; and if he will make a statement on the matter. [2307/18]

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Written answers

As this PQ refers to a service issue regarding delivery of flu vaccines to pharmacies, I have referred it to the Health Service Executive for attention and direct reply to the Deputy.

Departmental Data

Questions (138)

Dara Calleary

Question:

138. Deputy Dara Calleary asked the Minister for Health if there have been bullying or sexual harassment claims lodged within his Department in each year since 2011; if so, the number of either type of complaint on an annual basis, in tabular form; if these complaints have been investigated; the outcome of each investigation; and the policies in place within his department to combat bullying and sexual harassment [2318/18]

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Written answers

The Department of Health, like all Government Departments, is committed to protecting dignity and respect across the organisation. In that regard, the Dignity at Work Policy has been developed in partnership between Civil Service management and staff unions through the Equality Sub Committee of General Council. It aims to promote respect, dignity, safety, and equality in the workplace. Every member of staff in my Department is aware that all forms of bullying, harassment and sexual harassment are unacceptable and every member of staff has a duty to behave in an acceptable and respectful manner.

There have been two sexual harassment claims lodged within my Department since 2011. One was lodged in 2015 and a resolution was mediated by HR locally. The second case was lodged in 2017 and an investigation is ongoing.

Hospital Appointments Status

Questions (139)

Niamh Smyth

Question:

139. Deputy Niamh Smyth asked the Minister for Health the status of an appointment for a person (details supplied); and if he will make a statement on the matter. [2327/18]

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Written answers

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 National Waiting List Management Policy, A standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, January 2014, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the HSE, sets out the processes that hospitals are to implement to manage waiting lists.

In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to you directly.

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