Written Answers Nos. 113-137
113. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if all documentation requested from a person (details supplied) has been received in the relevant section of his Department; when it is expected the case will be processed with a view to early naturalisation; and if he will make a statement on the matter. [38248/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is currently at an advanced stage and on completion of the necessary processing the application will be submitted to me for decision as expeditiously as possible. There is no further documentation requested at this time. Additional information may, if required, be requested in due course.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most straightforward cases are now processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
114. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected position in regard to residency in the case of a person (details supplied); and if he will make a statement on the matter. [38249/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy, who currently has permission to reside in the State until 22 January 2019, is on-going. On completion of the necessary processing the application will be submitted to me for decision as expeditiously as possible.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements, not only within the State but also at European Union level, and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most straightforward cases are now processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
115. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when it is expected all investigations in respect of issues relating to an application for the update of stamp 4 in the case of a person (details supplied) will be concluded and documentation returned as previously indicated; and if he will make a statement on the matter. [38250/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned has submitted written representations.
With a view to having the case of the person concerned progressed, a representative of the INIS will write to the person concerned shortly regarding the submission of specific documentation. The position in the State of the person concerned can be further considered upon receipt of the requested documentation.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
116. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if copies of letters in the case of a person (details supplied) will be provided to the person; and if he will make a statement on the matter. [38254/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that copies of the letters dated 21 December 2017 and 5 January 2018 have been re-issued to the person referred to by the Deputy. Upon receipt of the requested documentation the case will be further processed.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
117. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if adequate provisions exist to protect against legal or professionals who may seek to befriend a person who may be vulnerable for health or other reasons resulting in obtaining the confidence of the vulnerable person to the exclusion of the person's siblings in the production of a will as in the case of a person (details supplied); and if he will make a statement on the matter. [38262/18]
View answerThe Deputy will be aware that it would be inappropriate for me to comment on individual cases.
By way of general information, I can inform the Deputy that Part VII of the Succession Act 1965, sets out the legal requirements for the making of a valid will. These are:
- it must be in writing;
- the testator must be over 18 years of age (the testator may be under 18 if he or she is or has been married);
- the testator must be of sound mind;
- the testator must sign or mark the will in the presence of two witnesses;
- the two witnesses must sign the will in the testator's presence;
- the witnesses cannot be beneficiaries of the will;
- the witnesses must see the testator sign the will;
- the signature of the testator must be at the end of the will.
Section 89 of the Succession Act, 1965 provides that a will speaks and takes effect from the death of the testator unless a contrary intention appears from the will.
It is, of course, possible for a person to challenge a will on the grounds of the capacity of a person to make a valid will or their ability freely to make decisions in disposing of their property by will.
Under existing case law (in the matter of the estate of Brian Rhatigan. deceased [2011] 1 I.R. 630), there are essentially three criteria to be taken into account in determining whether or not a person has the capacity to make a will: (a) whether the deceased understood the nature of the act of making a will and its effect; (b) whether the deceased understood the extent of the property of which he/she was disposing; and (c) whether the deceased understood and appreciated the claims to which he/she ought to give effect.
Where undue influence is alleged, existing case law (In re Kavanagh: Healy v. McGillicuddy and Another [1978] I.L.R.M.) places the onus of proving undue influence rests on the person alleging it. In order to do that it must be proven:
(a) that the person alleged to exert the influence had the power or opportunity to do so;
(b) that undue influence was in fact exerted;
(c) that the will was the product of influence.
I have no plans to amend existing legislation in this area.
118. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the correct procedure to be followed in the case of a person who has worked in the home care sector here for ten years or more and who wishes to regularise their residency; and if he will make a statement on the matter. [38263/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it is not possible to provide a targeted response in the absence of detailed information in relation to the current immigration status of the person concerned.
I am, however, further informed that if the person concerned is seeking to renew or vary an extant permission to reside in this State they may write to Unit 2, Domestic Residence and Permissions Division, INIS, 13/14 Burgh Quay, Dublin 2 setting out the particular circumstances of their current immigration status. Any such request will be given detailed consideration by INIS upon receipt of the relevant information and documentary evidence from the individual concerned. Alternatively, the person concerned may consult the INIS website (http://www.inis.gov.ie/en/INIS/Pages/Immigration%20information) to identify an immigration pathway that may suit their individual circumstances.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by was of the Parliamentary Question process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in the case of a person (details supplied) to regularise their residency; if travel documentation can issue in the interim; and if he will make a statement on the matter. [38264/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted refugee status in the state on 20 March 2002. Due to their status, the person was given a Stamp 4 which is valid until 19 May 2019, at which point it will need to be renewed. Stamp 4 indicates permission to stay in Ireland for a specified period, subject to conditions.
I am also advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an Irish travel document is a document which assists qualifying non-Irish nationals to travel. In line with the provisions of Section 55(1) of the International Protection Act 2015, the Minister, on application by the person concerned, shall issue a travel document to a qualified person and family member, subject to the provisions of Section 55(2) of the Act. As per Section 2 of the International Protection Act 2015, a “qualified person” means a person who is either a refugee and in relation to whom a refugee declaration is in force, or a person eligible for subsidiary protection and in relation to whom a subsidiary protection declaration is in force. However, the deputy may wish to note that as per Section 55(2)(C) of the 2015 Act, a travel document may not be issued to a qualified person if, “the Minister considers that to issue it would not be in the interests of national security, public security, public health or public order or would be contrary to public policy”.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
120. Deputy Peadar Tóibín asked the Minister for Business, Enterprise and Innovation the land her Department or agencies under its remit own in County Meath; the location of same; the use to which the land is put; the location of the land that is vacant, not in use or being used for agricultural purposes; the land which has been made available to Meath County Council or other housing agencies for the purpose of house building; and the amount of this land that could be made available for housing. [38050/18]
View answerMy Department does not own any land in Co. Meath.
IDA Ireland maintains a supply of available sites that can be offered to firms considering making job-rich investments in Ireland. This helps encourage investors to locate here, particularly in the regions. In Meath, I am informed that IDA Ireland has 24.21 hectares of land available for this purpose at its Business and Technology Park in Boyerstown, Navan, and 22.53 hectares of land available at its Business Park in Donore Rd. Drogheda. This location is on the Meath-Louth border and IDA now classifies this land as part of its Co. Meath inventory.
The IDA is doing everything it possibly can to showcase these properties to investors and to convince them to locate there. The Agency actively brings regional locations and suitable sites to the attention of all its clients, whether it's for existing companies in Ireland that are looking to expand or first-time clients overseas.
It should be stressed that the IDA works closely with city and county councils to ensure that its property acquisitions are in line with local area, county and city development plans.
121. Deputy Bernard J. Durkan asked the Minister for Business, Enterprise and Innovation the progress to date in the determination of an application for a work permit in the case of a person (details supplied); when the application is likely to be concluded; and if she will make a statement on the matter. [38078/18]
View answerThe Employment Permits Section of my Department inform me that that a Trusted Partner application for a General Employment Permit for the named person (details supplied) was received on 4 September 2018.
My officials inform me that as the Employment Permits Section is currently processing Trusted Partner applications received on 7 August 2018, this application should be considered within the next four weeks.
122. Deputy Bernard J. Durkan asked the Minister for Business, Enterprise and Innovation the progress to date in the determination of an application for a work permit in the case of a person (details supplied); when the application is likely to be concluded; and if she will make a statement on the matter. [38080/18]
View answerThe Employment Permits Section of my Department inform me that that a Trusted Partner application for a General Employment Permit for the named person (details supplied) was received on 3 September 2018.
My officials inform me that as the Employment Permits Section is currently processing Trusted Partner applications received on 7 August, this application should be considered within the next four weeks.
123. Deputy Willie Penrose asked the Minister for Business, Enterprise and Innovation the steps her Department is taking to ensure that legislation is progressed to protect copyright of various artists, musicians and songwriters in the context of royalties for their work and productions and particularly in the context of the recent vote in the European Parliament to ensure the protection of such artists in securing appropriate royalties and dividends for their works and productions; and if she will make a statement on the matter. [38210/18]
View answerOn 14 September 2016, the EU Commission published a package of copyright reform proposals as part of its Digital Single Market strategy. This included a Directive on copyright in the Digital Single Market (hereinafter the “Copyright Directive”). The intention of the Directive is to craft modern copyright legislation suitable for all European citizens.
Among the Directive’s many proposals are provisions aimed at ensuring greater rights for rightholders, such as musicians and songwriters. This includes a provision intended to address the “value gap”, where rightsholders are receiving less remuneration despite the increased usage of their works online (Article 13) and a series of articles that will allow rightholders to receive more detailed and regular information on the use of their works, to re-negotiate contracts based on this information, and to have access to a dispute resolution mechanism (Articles 14-16).
Officials of my Department have been engaged in exhaustive negotiations since publication of this proposal and have been successful in achieving a number of amendments to address the concerns of our stakeholders. On 25 May, the Copyright Directive was discussed by Ambassadors at Coreper and the Presidency gained approval for a mandate to commence negotiations with the European Parliament. The Parliament voted to endorse its approach at its plenary session on 12 September. Trialogue negotiations are now expected to begin in early October.
I fully support the proposed Directive which is vitally important to both the digital economy and to rightholders seeking greater protection of their works in the digital age. Our focus has always been on achieving the best balance for the competing interests of all stakeholders, including digital economy actors, rightsholders, and citizens. To that end, there has been extensive engagement with stakeholders across the various issues in Ireland, Brussels, and with other EU Member States, including at Ministerial level.
My Department will engage positively with the negotiations on the proposal going forward to ensure that Ireland can benefit from its many merits as soon as possible.
In the domestic context, the Deputy will also be aware that Minister Halligan is currently progressing the Copyright and Other Intellectual Property Law Provisions Bill 2018 (the “Copyright Bill”) through the Houses of the Oireacthas. This bill, aimed at modernising Irish copyright legislation, contains a large number of proposals that will be of benefit to rightholders and users alike and will ensure that Ireland has a copyright regime suitable for the digital age. Having completed all stages in the Dáil before the summer recess, the Copyright Bill is now scheduled for Second Stage in the Seanad on 26 September.
124. Deputy Gerry Adams asked the Minister for Health if treatments for haemochromatosis such as scheduled phlebotomies will be made available under the long-term illness scheme; the consideration that has been given to extending the scheme with a view to include such treatments; the financial supports available to persons with the condition to assist with the cost of treatments; and if he will make a statement on the matter. [38038/18]
View answerUnder the Long Term Illness (LTI) Scheme, patients receive drugs, medicines and medical and surgical appliances directly related to the treatment of their illness, free of charge. Medical procedures are not covered by the scheme.
Haemochromatosis is not a condition which is covered under the LTI and there are no plans to extend the list of conditions.
People who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process, the HSE can take into account medical costs incurred by an individual or a family.
People who are not eligible for a medical card may still be able to avail of a GP visit card, which covers the cost of GP consultations.
125. Deputy Gerry Adams asked the Minister for Health the number of persons by county who suffer from haemochromotosis. [38040/18]
View answerThe Deputy's question relates to service delivery matters and accordingly I have asked the HSE to respond directly to him.
126. Deputy Clare Daly asked the Minister for Health if ring-fenced funding will be made available to the HSE for investment in training of personnel in order to support the introduction of mandatory open disclosure as contained in the patient safety Bill 2018; if so, the amount of same; and if he will make a statement on the matter. [38041/18]
View answer127. Deputy Clare Daly asked the Minister for Health if the HSE has drawn up training plans for personnel to support them through the culture change necessary to ensure the full and smooth implementation of mandatory open disclosure provisions as contained in the patient safety Bill 2018 [38042/18]
View answerI propose to take Questions Nos. 126 and 127 together.
As Minister for Health I have always been and remain fully committed to open disclosure. This is demonstrated by:
- the publication of monthly maternity and hospital patient safety statements;
- the publication of an annual national healthcare quality report;
- the introduction last year of an annual patient experience survey;
- progressing a patient safety licensing bill to provide for statutory regulation of public and private hospitals; and
- progressing a patient safety bill to provide for mandatory disclosure of serious patient safety incidents.
On 8 May last, the Government approved the development of a new Patient Safety Bill. This Bill incorporates the patient safety elements of the Health Information and Patient Safety Bill, dealing with the external notification of patient safety incidents, clinical audit and extending HIQA's remit to the private health service. The Bill also provides for the provision of mandatory open disclosure which compliments the provision made by the Houses of the Oireachtas for voluntary open disclosure in the Civil Liability (Amendment) Act, 2017, which comes into effect on 22 September 2018.
My belief in mandatory open disclosure has been further reinforced by Dr Gabriel Scally's recent final report of the Scoping Inquiry into the CervicalCheck Screening Programme. The report provides an enormous opportunity to examine the system failures in the care process based on patient and family accounts of their experiences and incorporate the learning into ensuring patient safety is paramount to driving and shaping policy.
I have consistently maintained that creating a culture of open disclosure and learning from the things that go wrong is the bedrock of making services safer. Mandatory open disclosure, is an open and consistent approach to communicating with patients and their families when things go wrong in healthcare. This includes expressing regret for what has happened, keeping the patient informed, providing feedback on investigations and the steps taken to prevent a recurrence of the adverse event. The Scally Report clearly identified significant deficits in the current HSE open disclosure policy and HSE/State Claims Agency guidelines and these account for 5 of the 50 recommendations in the Report. The Report also makes recommendations in relation to the open disclosure policies of both the Medical Council and CervicalCheck.
The questions raised by the Deputy are service issues and as such I have referred them to the HSE for direct reply. However, I wish to assure the Deputy that I wrote to the Director General of the HSE in June last, asking him to identify a clear governance framework at national level for open disclosure in the HSE and ensure an update of the HSE Open Disclosure Policy to take into account the current and pending legislation. I also requested open disclosure programmes be in place at national and local level.
The Director General was also requested to identify a senior person in the HSE, with corporate responsibility, authority and accountability to deliver all elements of open disclosure, from governance, national roll out, compliance and resources, to be the point of contact for my Department. The HSE was also tasked with building capacity and expertise within the Organisation, nationally, regionally and locally to be prepared in advance for the requirements of the Patient Safety legislation.
I am also committed to an early evaluation of the implementation of the Civil Liability (Amendment) Act 2017 (Prescribed Statements) Regulations 2018 which will come into effect on 23 September, 2018.
128. Deputy Stephen S. Donnelly asked the Minister for Health the number of times he or one of his predecessors has required HIQA to undertake an investigation in accordance with section 9 of the Health Act 2007; the reason for each request; and if he will make a statement on the matter. [38043/18]
View answerThe Minister for Health and HIQA have instigated a number of investigations, detailed in the following table, following the commencement of Section 9 of the Health Act 2007. The table also includes the basis for each investigation.
The investigations undertaken by HIQA under Section 9 of the Act have resulted in considerable learnings which have been applied at both the individual hospital level, as well as nationally, and have undoubtedly made a significant contribution to the ensuring that health serviced are delivered as safely as possible.
|
Hospital or Service Investigated |
Date |
HIQA - Investigation Instigator |
Reason |
|
National Maternity Hospital |
3/11/17 |
Minister for Health |
Investigation instigated following the death of Malak Thawley where the Minister for Health formed a belief that a serious risk existed in relation to the practice of surgery outside of core hours in maternity services and beyond, the seniority of staff out of hours and the readiness of hospitals to respond to major emergencies in such circumstances. |
|
Midland Regional Hospital, Portlaoise |
6/3/14 |
Minister for Health |
This investigation was initiated as a result of the very negative experiences of a number of patients and their families in receipt of maternity services at the Midland Regional Hospital, Portlaoise |
|
University Hospital Limerick |
1/7/13 |
HIQA |
This review was undertaken in order to monitor progress with the implementation of the Authority’s National Standards for Safer Better Healthcare after a number of issues were identified as concerns. |
|
University Hospital Galway |
23/11/12 |
HIQA |
A belief that there may have been circumstances which gave rise to a potential serious risk to the safety, quality and standards of services provided following the death of Savita Halappanavar |
|
Arrangements in place for people requiring emergency transportation for transplant surgery |
2/7/11 |
Minister for Health - non statutory Investigation |
At the request of the Minister for Health, this Inquiry was established in order to ascertain the events that culminated in the failed transportation for Meadhbh McGivern on 2 July 2011, to review the existing inter-agency arrangements in place for people requiring emergency transportation for transplant surgery, and to identify any actions that need to be taken to improve these arrangements. |
|
Meath Hospital, Dublin incorporating the National Children’s Hospital |
24/6/11 |
HIQA |
This investigation was initiated due to concerns raised in relation to risks to the health and welfare of patients associated with a number of aspects of the systems of care provided to patients at the Hospital and, in particular, the clinical risks to patients who required acute admission being accommodated on the corridor adjacent to the Emergency Department (ED) while awaiting transfer to an inpatient bed at the Hospital. |
|
Mallow General Hospital |
4/8/10 |
HIQA |
Investigation instigated following receipt of confidential information, which was not a formal complaint, in relation to the treatment of a patient with complex clinical needs in Mallow General Hospital. This information indicated that the type of care provided to patients receiving some services in the Hospital was not in line with the national recommendations made in the Report of the investigation into the quality and safety of services and supporting arrangements provided by the Health Service Executive at the Mid-Western Regional Hospital Ennis. |
|
Mid-Western Regional Hospital Ennis |
23/9/08 |
Minister for Health |
Investigation instigated following serious concerns raised by family members of two patients – the late Ann Moriarty and the late Edel Kelly – about the potential risks to the health and welfare of patients at the Mid-Western Regional Hospital (MWRH) Ennis, following the treatment that their family members had received. |
|
Pathology Service and the Symptomatic Breast Disease Service at University Hospital Galway |
9/8/07 |
HIQA |
Investigation into missed diagnosis of breast cancer on two separate occasions when a patient, referred to as Ms A, presented with symptomatic breast disease in 2005 and again in 2007. |
|
Pathology Services at Cork University Hospital and Symptomatic Breast Disease Services at the Mid Western Regional Hospital, Limerick. |
1/5/07 |
HIQA |
Investigation into the care received by Rebecca O’Malley following her presentation to the Mid Western Regional Hospital (MWRH) Limerick in 2005 with symptomatic breast disease. It also includes her pathway following re-presentation to the MWRH and subsequent diagnosis of breast cancer and treatment in 2006 and 2007. |
129. Deputy John Brassil asked the Minister for Health the status of the provision of 37 additional beds required at UHK for winter 2018 as recommended in the bed capacity review 2017; and if he will make a statement on the matter. [38048/18]
View answerMy Department has engaged with the HSE this year to identify the location and mix of beds across the hospital system, which can be opened and staffed this year and into 2019 in order to improve preparedness for Winter 2018/2019. A submission received from the HSE in this regard is currently under consideration by my Department, which includes specific proposals in relation to University Hospital Kerry. Furthermore, the funding of this proposal, which is time-critical, is being advanced as part of the 2019 estimates process.
Preparations and planning for winter 2018/19 have already begun at hospital group and local level. My Department is working with the HSE to ensure that these local and regional plans are consolidated and supported through a plan at national level to ensure the most effective response to the winter challenges to unscheduled care provision.
130. Deputy Peadar Tóibín asked the Minister for Health the land his Department or agencies under its remit own in County Meath; the location of same; the use to which the land is put; the location of the land that is vacant, not in use or being used for agricultural purposes; the land which has been made available to Meath County Council or other housing agencies for the purpose of house building; and the amount of this land that could be made available for housing [38059/18]
View answerAs the Health Service Executive is responsible for the management of the health care property estate, I have asked the HSE to respond directly to you in relation to this matter.
Details for other agencies under the remit of the Department are operational matters for the agencies concerned and you should contact the relevant Director/CEO/Registrar directly.
131. Deputy Charlie McConalogue asked the Minister for Health the operational details for an outreach clinic (details supplied); and if he will make a statement on the matter. [38068/18]
View answerIn relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to the Deputy directly.
132. Deputy John Brassil asked the Minister for Health the position regarding the provision of a primary care centre in Rathmore, County Kerry; his plans to prioritise the provision of this service as a permanent location for general practitioner services; and if he will make a statement on the matter. [38069/18]
View answerAs the HSE has responsibility for the provision, along with the maintenance and operation of Primary Care Centres and other Primary Care facilities, the Executive has been asked to reply directly to the Deputy.
133. Deputy Mary Butler asked the Minister for Health when a person (details supplied) will receive an appointment to have a stent procedure carried out; and if he will make a statement on the matter. [38074/18]
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 National Waiting List Management Policy, a standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, since 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 the Deputy directly.
134. Deputy Lisa Chambers asked the Minister for Health the financial assistance that will be available for IVF from 2019; and if he will make a statement on the matter. [38075/18]
View answerAs the Deputy may be aware, the Government approved the drafting of a Bill on assisted human reproduction (AHR) and associated areas of research in October last year and officials in my Department are engaging with the Office of the Attorney General in relation to the process of drafting this Bill. The General Scheme is published on my Department’s website and the Joint Committee on Health is currently conducting a review of the General Scheme of the Assisted Human Reproduction Bill 2017 as part of the pre-legislative scrutiny process, which began in January of this year. The introduction of legislation in relation to AHR and associated research is a priority for me.
In order to support the commencement of the legislation, officials in my Department are working with the HSE over the course of this year in developing a model of care for infertility to ensure the provision of safe, effective and accessible services through the public health system as part of the full range of services available in obstetrics and gynaecology.
Part of this work includes identifying policy options for a public funding model for AHR treatment. Once I have had the opportunity to consider these policy options I will bring a Memorandum to Government in relation to a model of care for infertility, including public funding for AHR treatment, for the Government's consideration.
It should be noted that any funding model that may ultimately be introduced would need to operate within the broader regulatory framework set out in the AHR Bill and a model of care for infertility.
Currently, patients who access IVF treatment privately may claim tax relief on the costs involved under the tax relief for medical expenses scheme. In addition, a defined list of fertility medicines needed for fertility treatment is covered under the High Tech Scheme administered by the HSE. Medicines covered by the High Tech Scheme must be prescribed by a consultant/specialist and approved by the HSE ‘High Tech Liaison Officers’. The cost of the medicines is then covered, as appropriate, under the Medical Card or Drugs Payment Scheme. There is also a limited specialist AHR service available through the HSE, which provides funding for fertility preservation for cancer patients whose treatment is likely to impact on their future fertility.
135. Deputy Lisa Chambers asked the Minister for Health the organisations being awarded funding under the section 39 funding that the HSE is providing in the CHO2 area by organisation; the amount received by each in tabular form; and if he will make a statement on the matter. [38076/18]
View answerI have asked the Health Service Executive to respond to you directly as this is a service matter.
136. Deputy Lisa Chambers asked the Minister for Health if a series of matters (details supplied) relating to procedures carried out in the UK under the cross-border healthcare directive will be examined; and if he will make a statement on the matter. [38085/18]
View answerThe HSE operates the Cross Border Directive (CBD) in Ireland. Under the terms of the Directive, patients of an EU/EEA Member State who meet the necessary criteria may opt to avail of healthcare provided under the legislation of their Member State of affiliation in another EU/EEA Member State and be reimbursed the lesser of the cost of receiving the treatment abroad, or the cost in their own Member State.
Under the terms of the Directive where a patient receives cross-border healthcare and where medical follow-up proves necessary, the same medical follow-up that would have been available if the treatment was carried out on its own territory must be provided by the patients Member State of affiliation. Thus, if there are complications with a procedure carried out under the CBD, a patient may access the Irish healthcare system to have it rectified.
Furthermore, all patients who are ordinarily resident in Ireland may avail of public healthcare, including in-patient services, on a full or limited eligibility basis. The normal procedures for availing of public in-patient services will apply.
It is also important to note that it is not necessary for a patient to receive all their care abroad. A patient may apply for access to certain aspects of care abroad with further care provided in Ireland as deemed appropriate, or a patient may choose to return to the EU country of treatment.
If treatment is not successful, a patient as well as accessing treatment in their Member State has the option to re-access the medical treatment in the EU country of treatment and will be reimbursed under the terms of the Directive.
The HSE provides information to patients accessing healthcare abroad under the CBD through the National Contact Point’s website and also by phone at 056 7784551. Patients with a query on a specific treatment or procedure carried out under the CBD should contact the National Contact Point for advice.
137. Deputy Kevin O'Keeffe asked the Minister for Health if an early appointment for a person (details supplied) in County Cork will be arranged [38087/18]
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 National Waiting List Management Policy, a standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, since 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 the Deputy directly.
