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Tuesday, 2 Oct 2018

Written Answers Nos. 340-357

Cancer Screening Programmes

Questions (340, 357)

Clare Daly

Question:

340. Deputy Clare Daly asked the Minister for Health the way in which mediators are being selected to work on CervicalCheck cases; if all mediators involved are fully qualified; and if he will make a statement on the matter. [39456/18]

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Catherine Martin

Question:

357. Deputy Catherine Martin asked the Minister for Health the arrangements in place for the appointment of mediators engaged in the CervicalCheck mediation process; and if he will make a statement on the matter. [39515/18]

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Written answers

I propose to take Questions Nos. 340 and 357 together.

I am informed by the State Claims Agency that, as with all claims, the Mediator is appointed by agreement between the parties in the Cervical Check claims. If the parties cannot agree a mediator, there are institutions which may make an appointment, including the Law Society of Ireland, the Mediators Institute of Ireland, the Chartered Institute of Arbitrators, and Mediation Ireland. However, to date all mediators have been appointed by agreement between the parties. All mediators used in the Cervical Check litigation are fully accredited.

Personal Injury Claims

Questions (341)

Clare Daly

Question:

341. Deputy Clare Daly asked the Minister for Health if alternative dispute resolution professionals such as mediators will be asked to present to or work with the expert group on alternatives to court in clinical negligence claims in order to give their views on the way in which alternative dispute resolution processes might work in medical negligence cases; and if he will make a statement on the matter. [39458/18]

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Written answers

Government agreed in June this year to the establishment of an Expert Group to review the law of torts and the current systems for the management of clinical negligence claims. They agreed that High Court Justice Charles Meenan would chair the Group which would advise on whether there are alternative mechanisms to the current court process for resolving clinical negligence and personal injury claims.

Judge Meenan's Expert Group will especially examine the system from the perspective of the person who has made the claim to explore if there is a better way to deal effectively yet more sensitively with certain cases. In this process the Group will also look at the impact of tort legislation on the overall patient safety culture and open disclosure.

The terms of reference for this work are:

a) review the law of torts from the perspective of the management of clinical negligence and personal injury claims in order to assess the effectiveness of the legal framework and to advise on and make recommendations on what further legal reforms or operational changes could be made to improve the current system;

b) consider whether there may be an alternative mechanism to the court process for resolving clinical negligence claims, or particular categories of claims, particularly from the perspective of the person who has made the claim. To do this, the Group will examine whether a mechanism could be established which would deal more sensitively and in a more timely fashion with catastrophic birth injuries, certain vaccine damage claims, or with claims where there is no dispute about liability from the outset. It will also examine whether an alternative dispute resolution mechanism or a no-fault system would be effective in some cases;

c) examine the role of the HSE in addressing the problems encountered by persons involved in clinical negligence claims and addressing the health needs of persons affected by clinical negligence, with consideration given to whether particular care packages could be made available for persons with specific injuries, e.g. cerebral palsy following birth;

d) examine the role of the State Claims Agency in managing clinical negligence claims on behalf of the HSE to determine whether improvements can be made to the current claims management process;

e) consider the impact of current tort legislation on the overall patient safety culture, including reporting on open disclosure.

In July this year, Judge Meenan issued a press statement and invited submissions from the public and other relevant parties on the Group's terms of reference. It received 39 submissions from interested parties which will inform the deliberations of the Group during the course of its work. I expect that the Group will examine mediation as part of its work on alternative mechanisms. The Group met for the first time on 5 September to commence its work and I look forward to receiving Judge Meenan's Interim Report after three months and his final report in February 2019.

HSE Waiting Lists

Questions (342)

James Browne

Question:

342. Deputy James Browne asked the Minister for Health the number of persons with a mental health or intellectual disability diagnosis who are awaiting an appointment for more than three, six, nine, 12, 18, 24 and 36 months, respectively, by CHO, in tabular form; and if he will make a statement on the matter. [39460/18]

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Written answers

As this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.

Ambulance Service Staff

Questions (343)

Stephen Donnelly

Question:

343. Deputy Stephen S. Donnelly asked the Minister for Health the number of paramedics at each level who have been hired in each month since January 2017, by unqualified, qualified to paramedic and qualified to advanced paramedic, respectively; and if he will make a statement on the matter. [39463/18]

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Written answers

I have asked the HSE to respond to you directly on this matter.

Ambulance Service Staff

Questions (344)

Stephen Donnelly

Question:

344. Deputy Stephen S. Donnelly asked the Minister for Health the number of job offers made for paramedic posts in each month since January 2017; the offers made to unqualified, qualified to paramedic and qualified to advanced paramedic, respectively; and if he will make a statement on the matter. [39464/18]

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Written answers

I have asked the HSE to respond to you directly on this matter.

Hospital Appointments Status

Questions (345)

Michael Healy-Rae

Question:

345. Deputy Michael Healy-Rae asked the Minister for Health the status of a procedure for a person (details supplied); and if he will make a statement on the matter. [39470/18]

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Written answers

As this is a service matter it has been referred to the HSE for attention and direct reply to the Deputy.

Services for People with Disabilities

Questions (346)

Gerry Adams

Question:

346. Deputy Gerry Adams asked the Minister for Health his views on whether the HSE needs to move from a diagnosis-based service to a needs-based service with regard to services for persons with disabilities. [39476/18]

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Written answers

I understand that the Deputies question relates to Children's Disability Services. The Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.

As the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.

Disability Services Provision

Questions (347)

Thomas Byrne

Question:

347. Deputy Thomas Byrne asked the Minister for Health his plans for a disability service (details supplied) in County Meath; and his further plans for the facility. [39477/18]

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Written answers

The Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.

As the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.

Disabilities Assessments

Questions (348)

Fiona O'Loughlin

Question:

348. Deputy Fiona O'Loughlin asked the Minister for Health further to Parliamentary Question No. 373 of 12 June 2018, if a refund can be obtained for private diagnoses in view of the fact that the child was waiting six months. [39482/18]

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Written answers

I understand that the Deputy's question relates to Parliamentary Question No. 720 of 12 June 2018.

The Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.

As the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.

Pharmacy Regulations

Questions (349)

Clare Daly

Question:

349. Deputy Clare Daly asked the Minister for Health if his attention has been drawn to proposed changes by an organisation (details supplied) to pharmacy regulations under the Pharmacy Act 2007, which would undermine the qualifications awarded to pharmacy assistants; and if he will make a statement on the matter. [39486/18]

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Written answers

The Pharmacy Act 2007 established the Pharmaceutical Society of Ireland (PSI) and the functions of the Society are set out in the Act. The functions of the PSI are carried out on its behalf by the Council of the Society.

Section 30 of the Act provides for an exception to the general provision in the Act which requires the sale and supply of medicines at a pharmacy to be conducted under the personal supervision of a registered pharmacist, and specifies that no offence is committed where a registered pharmaceutical assistant “acts on behalf of a registered pharmacist during the temporary absence of the registered pharmacist”.

Section 30 also permits the Council to make rules as to:

1. What may or may not be done by a registered pharmaceutical assistant when acting on behalf of a registered pharmacist; and

2. What constitutes the temporary absence of a registered pharmacist.

On June 21, the Council of the Society approved for issuance for public consultation the proposed draft Pharmaceutical Society of Ireland (Temporary Absence of Pharmacist from Pharmacy) Rules 2018. This public consultation commenced on 17 July and ran until 14 August and afforded any interested party the opportunity to make representations on the matter directly to the PSI.

Following completion of the public consultation phase, the Council of the PSI considered the proposed draft Pharmaceutical Society of Ireland (Temporary Absence of Pharmacist from Pharmacy) Rules 2018 at its meeting on the 20th September 2018 where Council approved the draft rules without amendment.

My role in relation to this process is limited to the consideration of any such Rules once submitted for my approval. I must consider any Rules presented to me from a fair and impartial perspective, without prejudice or prejudgement.

I await the receipt of the Rules for my consideration from the PSI and until that time, I am unfortunately not in a position to comment any further on the matter raised.

Disabilities Assessments

Questions (350)

Declan Breathnach

Question:

350. Deputy Declan Breathnach asked the Minister for Health the number of persons waiting for an initial disability assessment in County Louth in the age brackets 18 to 65 years of age and over 65 years of age; and if he will make a statement on the matter. [39488/18]

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Written answers

The Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.

As the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.

Hospital Appointments Status

Questions (351)

Michael Healy-Rae

Question:

351. Deputy Michael Healy-Rae 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. [39492/18]

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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, 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.

Dental Services Waiting Lists

Questions (352)

Seán Fleming

Question:

352. Deputy Sean Fleming asked the Minister for Health when treatment will be provided to a person (details supplied); and if he will make a statement on the matter. [39499/18]

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Written answers

As this is a service matter it has been referred to the HSE for attention and direct reply to the Deputy.

Medicinal Products Reimbursement

Questions (353)

Joan Collins

Question:

353. Deputy Joan Collins asked the Minister for Health the way in which persons who will be 22 years of age in the next six months will be treated in terms of the FreeStyle Libre reimbursement scheme if they no longer qualify for the reimbursement scheme but wish to continue using same. [39506/18]

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Written answers

Under the Health (Pricing and Supply of Medical Goods) Act 2013, the HSE has statutory responsibility for the administration of the community drug schemes; therefore, the matter has been referred to the HSE for attention and direct reply to the Deputy.

Drugs Payment Scheme

Questions (354)

Joan Collins

Question:

354. Deputy Joan Collins asked the Minister for Health further to Parliamentary Question No. 82 of 29 May 2018, if the monitoring of finger test strip utilisation indicated a cost or a saving; and the HSE's next steps in the utilisation of finger test strip monitoring. [39507/18]

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Written answers

Under the Health (Pricing and Supply of Medical Goods) Act 2013, the HSE has statutory responsibility for the administration of the community drug schemes; therefore, the matter has been referred to the HSE for attention and direct reply to the Deputy.

Disabilities Assessments

Questions (355)

Declan Breathnach

Question:

355. Deputy Declan Breathnach asked the Minister for Health the number of children in County Louth waiting on an initial assessment of needs; the number of children in County Louth waiting longer than three, six and 12 months, respectively for an assessment of needs; if the HSE in County Louth is in compliance with the regulations governing assessments of needs by which assessments must be completed within three months from commencement unless there are exceptional circumstances; and if he will make a statement on the matter. [39509/18]

View answer

Written answers

The Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.

As the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.

Health Services Staff Data

Questions (356)

James Browne

Question:

356. Deputy James Browne asked the Minister for Health the number of approved consultant audiologists in County Wexford; the number in place; and if he will make a statement on the matter. [39514/18]

View answer

Written answers

I have asked the HSE to respond to you directly on this matter.

Question No. 357 answered with Question No. 340.
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