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Wednesday, 24 Oct 2018

Written Answers Nos. 254-273

Cross-Border Health Initiatives

Questions (254)

Michael Healy-Rae

Question:

254. Deputy Michael Healy-Rae asked the Minister for Health when a reimbursement will issue in the case of a person (details supplied); and if he will make a statement on the matter. [44158/18]

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Written answers

Under the Cross Border Directive (CBD) public patients in Ireland can seek to be referred to another EU/EEA country for a treatment that is available in Ireland. The patient pays for the treatment and claims reimbursement from the HSE at the cost of that treatment in Ireland or the cost of it abroad, whichever is the lesser. 

It is important to note that reimbursement is confined to the costs of the care itself and that the rates of reimbursement cannot exceed the cost of the provision of the care if it were provided in the Irish public health service.

The HSE has an obligation to check and verify the details of any payments it makes including applications for reimbursement under the Directive.  In carrying out due diligence on applications for reimbursement under the Directive the HSE may examine the details of the treatment received to ensure that the treatment claimed for, and the clinical details of the treatment supplied on the application, are consistent with the procedure code which has been supplied.  If there is a discrepancy the HSE will query the details in the application and this may lead to an adjustment of the reimbursement based the details of the treatment received.

As the matter of the amount reimbursed is a service matter, I have asked the Health Service Executive to respond to the Deputy directly regarding Mr Short's application for reimbursement under the Cross Border Directive.

Medical Aids and Appliances Provision

Questions (255)

Brendan Griffin

Question:

255. Deputy Brendan Griffin asked the Minister for Health when a motorised wheelchair will be provided for a person (details supplied) in County Kerry; and if he will make a statement on the matter. [44170/18]

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Written answers

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

Assisted Decision Making

Questions (256)

Róisín Shortall

Question:

256. Deputy Róisín Shortall asked the Minister for Health the timescale for the full commencement of the Assisted Decision-Making (Capacity) Act 2015, in particular Part 8 of the Act; and if he will make a statement on the matter. [44191/18]

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Written answers

The Assisted Decision-Making (Capacity) Act was signed into law on 30 December 2015. The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties, and the commencement of the greater part of this Act is the responsibility of the Department of Justice and Equality.

The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives (AHDs) is a matter for my Department. An AHD is a statement made by a person with capacity setting out his or her will and preferences regarding treatment decisions that may arise in the future when he or she no longer has capacity.  

Under section 91 of the Act, the Minister for Health is responsible for the establishment of a multidisciplinary working group to assist in the development and preparation of the Code of Practice for the AHD provisions of the Act. I established this multidisciplinary working group on 17th of October 2016 under section 91(2) of the Act. The role of the working group is to prepare a detailed series of recommendations for the Director of the Decision Support Service, in relation to codes of practice and this process is ongoing. The Director will subsequently prepare a Code(s) of Practice and will submit it to me for my approval and, with my consent, the Director will then publish the Code of Practice.   

The preparation of the Code of Practice will facilitate the subsequent commencement of Part 8 of the Act, pertaining to AHDs, in its entirety.

Cancer Screening Programmes

Questions (257)

Robert Troy

Question:

257. Deputy Robert Troy asked the Minister for Health the locations in which the laboratories carrying out the cervical test reviews are located; and if the laboratories testing the samples meet the accredited standards [44192/18]

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Written answers

Three laboratories currently provide services for CervicalCheck. These are:

- Quest Diagnostics, New Jersey

- MedLab Pathology, Sandyford

- Coombe Women and Infants University Hospital, Dublin

Under the terms of their contract with CervicalCheck, some of the tests which are directed to MedLab are carried out at The Doctors' Laboratory in London (TDL).

As part of his Scoping Inquiry into CervicalCheck, Dr Gabriel Scally visited all laboratories which currently provide services for CervicalCheck. Dr Scally has stated that he is satisfied with the quality management processes in the current laboratory sites and found no reason, on quality grounds, why the existing contracts for laboratory services should not continue until the new HPV testing regime has been introduced. Dr Scally has now undertaken to provide me with a supplementary report on the laboratories.

Cancer Screening Programmes

Questions (258)

Robert Troy

Question:

258. Deputy Robert Troy asked the Minister for Health if women are having to have a second cervical test due to a backlog in view of the recent reports; the number of women affected by same; and the measures being taken to counteract this backlog [44193/18]

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Written answers

On 1 May, following a Government Decision, I asked CervicalCheck to make the necessary arrangements to provide that any woman who had had a CervicalCheck smear test, and whose GP considered that they should have a further test, could access such a test without charge. This decision was taken considering the need to provide reassurance to women.

The HSE advises that CervicalCheck laboratory activity remains significantly above normal levels. This is a result both of out-of-cycle smears, and also increased uptake generally. This has impacted turnaround times for results of smear tests. 

The HSE also advises that every effort is being made to ensure that tests are processed as quickly as possible, having regard to the high standards required for testing. This is a priority concern for my Department and the HSE.  The recent agreements reached with the contracted labs include arrangements to address the backlog in testing. 

I think it is important to emphasise that smear tests are a screening and not a diagnostic process, and if any women is concerned or is experiencing any symptoms, she should consult with her GP.

In relation to the specific questions raised by the Deputy, I have asked the HSE to respond directly to him.

Health Services Provision

Questions (259)

Patrick O'Donovan

Question:

259. Deputy Patrick O'Donovan asked the Minister for Health the number of children waiting to be fitted for shoes, Piedro boots and insoles in each county; and if he will make a statement on the matter. [44223/18]

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Written answers

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

Foireann Roinne

Questions (260, 261)

Éamon Ó Cuív

Question:

260. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Sláinte cad iad na céimeanna atá tógtha aige lena dhéanamh cinnte go bhfuil dóthain daoine ar fáil in a Roinn le seirbhísí a chur ar fáil dóibh siúd ar mian leo a ngnóthaí a dhéanamh trí Ghaeilge leis an státseirbhís; agus an ndéanfaidh sé ráiteas ina thaobh. [44388/18]

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Éamon Ó Cuív

Question:

261. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Sláinte cén céadatán den státseirbhís atá inniúil chun seirbhísí in a Roinn a chur ar fáil trí Ghaeilge; agus an ndéanfaidh sé ráiteas ina thaobh. [44401/18]

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Written answers

Molaim Ceisteanna Uimh. 260 go 261, cuimsitheach, a fhreagairt le chéile.

Tá rún daingean ag mo Roinn a chinntiú gur féidir freastal a mhéid is féidir ar chustaiméirí ar mian leo a gcuid gnó a dhéanamh trí mheán na Gaeilge. Ba é 470 duine an líon iomlán daoine, mar Choibhéis Lánaimseartha, a bhí ag obair sa Roinn ag deireadh mhí Mheán Fómhair 2018. Den líon sin, tá aon bhall foirne dhéag, nó 2.3%, in ann a gcuid dualgas a chur i gcrích sa Ghaeilge agus sa Bhéarla araon. Tugtar freagra sa Ghaeilge ar an gcomhfhreagras ar fad a sheoltar chuig an Roinn sa Ghaeilge agus cuirtear aon cheisteanna teileafóin ar aghaidh chuig duine de na baill foirne atá inniúil sa Ghaeilge. Luaitear sa Scéim Teanga 2015-2018 ón Roinn Sláinte go sainaithneoidh an Roinn aon phoist dá bhfuil inniúlacht sa Ghaeilge ina riachtanas. Shainaithin an Roinn post amháin den sórt sin agus cheap sí ball foirne chuig an ról ina dhiaidh sin. Níl aon fholúntais ar fáil faoi láthair maidir le poist ina bhfuil inniúlacht sa Ghaeilge ag teastáil.

Sheep Welfare Scheme Appeals

Questions (262)

Brendan Griffin

Question:

262. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision has been made on a review by the inspectorate of a sheep welfare scheme penalty in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [44001/18]

View answer

Written answers

The applicant was notified of the results of a Sheep Welfare Scheme inspection on 2nd May 2018, following which a review request by the applicant was received by the Department on 23rd July 2018. The matter is currently being examined by officials in my Department and the person involved will be notified directly of the outcome as soon as one is available. In the event that the applicant is dissatisfied with the outcome of this review, the decision can be appealed to the independent Agriculture Appeals Office, within 3 months of the review decision.

Agriculture Scheme Payments

Questions (263)

Pat Breen

Question:

263. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payments will issue to a person (details supplied); and if he will make a statement on the matter. [44010/18]

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Written answers

The person named submitted a 2018 Basic Payment/Areas of Natural Constraint Schemes application on the 11th May 2018. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases remote sensing (i.e. satellite) inspections, be completed before any payments issue.

The application of the person named was selected for a Remote Sensing eligibility inspection. This inspection is currently being processed with the intention of issuing any payments due as soon as possible. In the event that any queries arise officials in my Department will be in contact with the person named.

EU Directives

Questions (264)

Charlie McConalogue

Question:

264. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine his views on issues raised in correspondence by an organisation (details supplied). [44011/18]

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Written answers

The draft Directive proposes the prohibition of certain Unfair Trading Practices (UTPs) which occur in relation to the sales of food products by an SME supplier, including farmers, to a buyer that is a large entity, i.e. larger than an SME. The EU definition of SME is: "Enterprises which employ fewer than 250 persons and which have an annual turnover not exceeding €50 million, and/or an annual balance sheet total not exceeding €43 million."

In so doing, the Directive seeks to contribute to ensuring a fair standard of living for those producers who are particularly vulnerable to UTPs. Such producers have the least bargaining power, and are least able to address UTPs without negative effects on their economic viability, particularly in the case of agricultural products which are perishable and seasonal, and subject to adverse weather conditions.

Trilogues between the Council, Commission and European Parliament are taking place with a view to begin to seek agreement on a final version of the Directive. In agreeing to move to Trilogues, the Special Committee on Agriculture took note of the pending concerns expressed by several delegations in relation to the issue of the scope of the draft Directive.

Officials from my Department have been in contact with the organisation referred to in the accompanying correspondence and I would be happy to receive any further written submissions.

Forestry Grants

Questions (265)

Jackie Cahill

Question:

265. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine if a reconstitutional grant will be reviewed in the case of a person (details supplied); and if he will make a statement on the matter. [44026/18]

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Written answers

It is important to point out that Ireland has taken the lead in Europe in terms of the scale of actions it has taken and continues to take against this disease and is similarly at the forefront in terms of the level of financial supports being made available to individual forest owners affected by it.

The Reconstitution Scheme (Chalara Ash Dieback), which is currently under review, is an entirely Exchequer funded scheme and provides support for the forest owner for the reconstitution of Ash plantations which have suffered from or are associated with Chalara. The objective of this scheme is to support the removal of trees affected by the disease and the reconstitution of the forest with alternative species to ash including more commercial conifer species.

In terms of further support a revised Woodland Improvement Scheme will allow eligible landowners to avail of a second thinning grant. This will assist forest owners in managing any continuing impact of Chalara in their plantation. This scheme is due to be launched shortly.

In the case of forest owners who have already carried out a first thinning the Department must ensure that an application for support under the Reconstitution Scheme does not create a double payment with regard to trees that have already been removed during initial works. The application for the Reconstitution Scheme for the person named is currently under review in this regard.

Ash Dieback Threat

Questions (266, 267, 268)

Jackie Cahill

Question:

266. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine if the rules regarding replanting will be relaxed in circumstances in which there has been an outbreak of ash dieback to allow more commercially viable planting to take place; and if he will make a statement on the matter. [44027/18]

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Jackie Cahill

Question:

267. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine if the landowner can be allowed to clear fell more than ten hectares without restriction to reduce the economic cost of doing the work in the case of an ash dieback situation; and if he will make a statement on the matter. [44028/18]

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Jackie Cahill

Question:

268. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine his plans to introduce greater grant aid for resetting after an outbreak of ash dieback due to the economic hardship of the event for the landowner; and if he will make a statement on the matter. [44029/18]

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Written answers

I propose to take Questions Nos. 266 to 268, inclusive, together.

It is important to point out that Ireland has taken the lead in Europe in terms of the scale of actions it has taken and continues to take against this disease and is similarly at the forefront in terms of the level of financial supports being made available to individual forest owners affected by it.

The Reconstitution Scheme (Chalara Ash Dieback), which is currently under review, is an entirely Exchequer funded scheme and provides support for the forest owner for the reconstitution of Ash plantations which have suffered from or are associated with Chalara. The objective of this scheme is to support the removal of trees affected by the disease and the reconstitution of the forest with alternative species to ash including more commercial conifer species. Forest owners need to be aware of possible changes to premiums if conifers are chosen. While owners can fell ten hectares or more in these situations, in cases involving the replacement of more than 10 hectares of broadleaf high forest by conifer species there may be a requirement for planning permission and if so there may be restrictions associated with that planning permission under the Planning and Development Act. This is for the relevant Planning Authority to determine, and any person may request (for a prescribed fee), under Section 5 of the Planning and Development Act 2000, a declaration on the matter from their Local Planning Authority.

In terms of further support, the revised Woodland Improvement Scheme will allow eligible landowners to avail of a second thinning grant. This will assist forest owners in managing any continuing impact of Chalara in their plantation. This scheme is due to be launched shortly.

Ash Dieback Threat

Questions (269)

Jackie Cahill

Question:

269. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine if he will request the Minister for Housing, Planning and Local Government to initiate a survey through the local authorities in order that all trees that are adjacent to roads and affected by ash dieback are felled by those responsible due to the spread of ash dieback nationally; and if he will make a statement on the matter. [44030/18]

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Written answers

My Department conducts systematic and targeted plant health surveys in relation to Ash Dieback on an annual basis.  These include a targeted survey of forestry plantations,  a systematic survey of National Forest Inventory points across the country as well as surveys in commercial nurseries, garden centres, private gardens, roadside / motorway landscaping plantings and farm landscaping / agri-environment scheme plantings.

A general Guidance note on the recognition of Dangerous Trees is available from my Department.  However, the initiation of any survey of all trees adjacent to roads is an operational matter for the bodies responsible for the respective roads, which in the case of public roads are by and large the local Roads Authorities and Transport Infrastructure Ireland, and the relevant Ministers. Furthermore,  Section 70 of the Roads Act 1993, as amended, affords powers to deal with any trees which pose a hazard or potential hazard to persons using a public road or which obstruct or interfere with the safe use of public roads or with the maintenance of public roads to those Roads Authorities.

Brexit Issues

Questions (270)

Charlie McConalogue

Question:

270. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine if his Department has carried out investigations on the future of pet travel arrangements between the UK and here in the event of a no-deal Brexit; if the current arrangements will be maintained in such circumstances; and if he will make a statement on the matter. [44096/18]

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Written answers

The Government is seeking to minimise the impact of Brexit in the first instance through a negotiated outcome which delivers arrangements in the future that are as close as possible to those that prevail at present.

In line with the Department of Foreign Affairs and Trade-coordinated  ‘whole of Government’ approach to Brexit, my Department is planning for an orderly Brexit which involves, inter alia, a transition period to the end of December 2020. Work is also ongoing in relation to contingency planning for a disorderly Brexit at the end of March 2019.

Pet travel arrangements are being considered as part of these preparations.

Agriculture Scheme Administration

Questions (271)

Éamon Ó Cuív

Question:

271. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if, in assessing overclaims by a farmer under the BPS scheme and the ANC scheme, it is done on a parcel by parcel basis; if it is based on the total area claimed by a farmer against the total eligible land thus ensuring that in circumstances in which there is an overclaim on one plot and another plot in which the eligible acreage exceeds the claimed area one can be set against the other; and if he will make a statement on the matter. [44150/18]

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Written answers

In determining overclaims under the Basic Payment Scheme, cross compensation is applied in calculating any penalties accruing.  This means that all the eligible land across all a farmer's declared parcels is set against the total area claimed, rather than being applied on a parcel by parcel basis.  Under the Areas of Natural Constraint Scheme, this same approach is taken within the various categories of land which attract different levels of payment under the Scheme.

Agriculture Scheme Appeals

Questions (272)

Niamh Smyth

Question:

272. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine if a payment for a person (details supplied) will be expedited; and if he will make a statement on the matter. [44203/18]

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Written answers

As the Deputy would be aware from previous recent PQ's a review by the Director of Agriculture Appeals Office of the decision of the Appeals Officer has been requested in this case in accordance with the provisions of the Agriculture Appeals Act, 2001. The Agriculture Appeals Office has indicated that requests for reviews are generally dealt with in order of receipt and that both the Department and the person named will be advised of the outcome when the review has been completed.

Diplomatic Representation

Questions (273)

Willie Penrose

Question:

273. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine the Irish embassies that currently have an agricultural attaché based at the embassy; and if he will make a statement on the matter. [44214/18]

View answer

Written answers

As requested by the Deputy, the Irish embassies currently with agricultural attachés are shown below: 

- Permanent Representation of Ireland to the E.U.50 Rue Froissart, 1040 Brussels, Belgium

- Embassy of Ireland, 17 Grosvenor Pl, London SW1X7HR, United Kingdom

- Embassy of Ireland, Villa Spada, Via Giacomo Medici,1 - 00153 Rome, Italy

- Embassy of Ireland, 12 Avenue Foch, 75116, Paris, France

- Ireland’s Permanent Mission to UN Organisations Geneva, 56 - 58 Rue de Moillebeau, 1209 Geneve 19, Geneva, Switzerland

- Embassy of Ireland, 2234 Massachusetts Avenue NW, Washington DC, 20008, USA

- Embassy of Ireland, 3 Ritan Dong Lu, Beijing 100600, People's Republic of China

-  Embassy of Ireland, Abu Dhabi, UAE PO Box 61581 

- These locations are reviewed regularly based on strategic business needs.

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