Written Answers Nos. 232-250
232. Deputy Micheál Martin asked the Minister for Justice and Equality the way in which his departmental officials have been contributing to and taking part in Government of Ireland social media messages; the way in which they are co-ordinated in each of the policy areas of his Department; the Department that is the lead Department in relation to same; and if he will make a statement on the matter. [15410/19]
View answerMy Department’s social media channels are managed internally by the Department’s Press and Communications Office. The Press and Communications Office also creates the vast majority of multi-media content featured on those channels, in consultation with the relevant policy divisions, and engagement with other relevant Departments on cross-cutting areas of public service delivery. Standard Government of Ireland graphics are applied where appropriate by staff of the Office.
233. Deputy Dara Calleary asked the Minister for Justice and Equality if his Department has an operating language scheme in accordance with the Official Languages Act 2003; and the date on which such a scheme was introduced. [15495/19]
View answerThe Department of Justice and Equality has an operating Irish Language Scheme under Section 11 of the Official Languages Act 2003. A PDF copy of the Scheme can be accessed at the following link: http://www.justice.ie/en/JELR/Pages/Official_Languages_Act.
The Scheme, which was confirmed by the Minister for Community, Rural and Gaeltacht Affairs, commenced with effect from 30 June 2006.
Tá Scéim Gaeilge atá i bhfeidhm ag an Roinn Dlí agus Cirt agus Comhionannais faoi Alt 11 d’Acht na dTeangacha Oifigiúla, 2003. Is féidir rochtain a fháil ar chóip PDF den Scéim ag an nasc seo a leanas:
http://www.justice.ie/ga/JELR/Scéim_Ghaeilge.pdf/Files/Scéim_Ghaeilge.pdf.
Thosaigh an Scéim, arna daingniú ag an Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta, le héifeacht ón 30 Meitheamh 2006.
234. Deputy Willie O'Dea asked the Minister for Business, Enterprise and Innovation her plans to consider changing the Employment Permits (Amendment) Regulations 2018 to remove dental technicians from the list of ineligible categories of employees in view of the scarcity of dental technicians and the threat to the feasibility of dental laboratory businesses arising from the failure to secure suitably qualified employees; and if she will make a statement on the matter. [15019/19]
View answerWhere specific skills prove difficult to source within the State and wider EEA, an employment permit may be sought by an employer to hire a non-EEA national subject to the Employment Permits Acts and Regulations. The employment permits system is managed through the operation of the Critical Skills Occupations List and the Ineligible Occupations List for the purposes of granting an employment permit
The occupation lists for employment permit purposes are reviewed twice yearly to ensure that the employment permit system is supportive of the economy by maximising the benefits of economic migration and minimising any disruption to the domestic/EEA labour market. Changes to access to the Irish labour market for specific occupations via the employment permits system are made on the basis of research undertaken by the Expert Group of Future Skills Needs, the Skills and Labour Market Research Unit (Solas), the National Skills Council, input from relevant Government Departments and a public consultation process. Account is also taken of education outputs, sectoral upskilling and training initiatives and known contextual factors such as Project 2040 and Brexit. Submissions are also considered by the Economic Migration Interdepartmental Group.
Dental technicians are currently included on the Ineligible Occupations List. In order to remove a skill from this list, there would need to be a clear demonstration that recruitment difficulties are solely due to shortages across the EEA and not to other factors such as salary and/or employment conditions. Organisations in the sector would need to provide the necessary data to substantiate their claims. A detailed evidence-based case would then need to be put forward by the Department of Health as the lead Department for the sector, to my Department for review and consideration.
A review of the occupation lists is being currently being finalised at present with some 48 submission made in response to the public/stakeholder consultation. Another review of the occupation lists is scheduled to commence before the end of quarter two, 2019.
235. Deputy Sean Fleming asked the Minister for Business, Enterprise and Innovation the number of court prosecutions initiated by the Health and Safety Authority in each of the years 2014 to 2018; the result of each of these court cases; the number and values of fines issued in each year; the value of fines collected each year; the value of fines still outstanding in respect of these prosecutions; the arrangements in place to collect the outstanding fines; if she will provide an age analysis of these outstanding fines; and if she will make a statement on the matter. [15332/19]
View answerIt is the Director of Public Prosecutions who takes prosecutions on behalf of the Health and Safety Authority. These can be taken at two levels in the Courts i.e. on Indictment in the Circuit Court before a Jury and Summarily before a Judge in the District Court.
The Circuit Court can impose fines on conviction up to €3 million per count or imprisonment up to 2 years, while the District Court can have on conviction fines up to €5,000 per count or imprisonment up to 6 months.
Material on the number of court prosecutions initiated in each of the years 2014 to 2018, the result of these court cases and the number and value of fines issued is set out in the table;
|
- |
2014 |
2015 |
2016 |
2017 |
2018 |
|
Number of court prosecutions initiated |
Cases heard 32 |
Cases heard 16 |
Cases heard 27 |
Cases heard21 |
Cases heard 15 |
|
Number cases on Indictment and Summary |
19 on Indictment 13 Summarily |
7 on Indictment 9 Summarily |
19 on Indictment 8 Summarily
|
12 on Indictment 9 Summarily
|
9 on Indictment 6 Summarily
|
|
Fines imposed by the Courts |
Total fines €293,900 €272,400 Indictment €21,500 Summarily 3 cases dismissed
|
Total fines €541,750 €528,000 Indictment €13,750 Summarily 1 case dismissed
|
Total fines €614,000 €585,000 Indictment €29,000 Summarily 1 case dismissed
|
Total fines €2,695,500 €2,659,00 Indictment €36,500 Summarily 3 cases dismissed
|
Total fines €705,972 €696,872 Indictment €9,100 Summarily 1 case dismissed
|
In relation to the value of fines collected and outstanding it should be noted that fines imposed by the Courts do not go to the Health and Safety Authority. Collecting court fines is a matter for the Court Services and the Health and Safety Authority does not have any information regarding fines collected/outstanding.
236. Deputy Sean Fleming asked the Minister for Business, Enterprise and Innovation the number of court prosecutions initiated by the Competition and Consumer Protection Commission in each of the years 2014 to 2018; the result of each of these court cases; the number and values of fines issued in each year; the value of fines collected each year; the value of fines still outstanding in respect of these prosecutions; the arrangements in place to collect the outstanding fines; if she will provide an age analysis of these outstanding fines; and if she will make a statement on the matter. [15333/19]
View answerThe Competition and Consumer Protection Commission (CCPC) is the statutory independent body responsible for the enforcement of domestic and EU competition law in the State. Section 9 (5) of the Competition and Consumer Protection Act 2014 provides that the Commission is independent in the performance of its functions. As investigations and enforcement matters generally are part of the day-to-day operational work of the Commission, the Minister for Business, Enterprise and Innovation has no direct function in the matter.
The following table details the relevant information regarding the fines imposed on undertakings and individuals arising from cases investigated by the CCPC. It is important to note that, with the exception of Fixed Payment Notices, fines following a summary prosecution are imposed by the Courts and payments are made to the relevant District Court Office and not to the CCPC. Fines imposed in criminal proceedings are the responsibility of the courts. The CCPC itself collects Fixed Payment Notices from relevant traders.
- Criminal breaches of competition law - the CCPC’s role is to investigate alleged cartels and if sufficient evidence of a cartel is obtained, the CCPC role involves the submission of a file to the Director of Public Prosecutions (DPP) with a recommendation as to prosecution. It is the DPP that initiates the court prosecution and not the CCPC.
- Civil breaches of competition law - the objective of a non-criminal law investigation is to determine if there is sufficient evidence of a breach and to take appropriate actions. Civil breaches of competition law are enforced through the civil courts and have to be proven on a balance of probabilities. With respect to these breaches the most the CCPC can achieve through the Courts at present is to: (i) seek a declaration of an infringement; (ii) seek commitments from a business that they will cease the practice; and/or (iii) obtain an injunction against the business doing the same action again. Financial sanctions cannot be imposed.
- Consumer protection law - A criminal prosecution for a trader who has broken the law is the ultimate enforcement sanction available to the CCPC. The level of fines and penalties following a successful prosecution are set out in the various consumer protection statutes and are imposed by the courts.
- Compensation orders - can be imposed instead of or in addition to fines. If the compensation order is not paid then the consumer may enter judgement in the court and is enforceable in the same manner as civil proceedings. The CCPC does not enforce the payment of compensation orders.
- Fixed Payment Notice - The Consumer Protection Act enables the CCPC to issue a fixed payment notice (FPNs) in respect of contraventions of primarily price display legislation. FPNs can also issue for breaches of law giving effect to the Consumer Rights Directive. This sanction may be used as an alternative to prosecution. The penalty is €300 and must be paid within 28 days. Failure to pay will result in prosecution.
- Note - the CCPC’s 2018 Consumer Protection List (which details all enforcement action under consumer protection law for the year) is currently being finalised and therefore not included in the excel spreadsheet.
CCPC Prosecutions
|
Year |
Business Practice |
Against |
Outcome |
Sentence |
Total value |
Paid |
Additional Information |
|
Consumer Protection law - Misleading Commercial Practice |
Timmy Keane |
Convicted |
Fined €500 & €7,000 compensation order |
€7,500 |
Not collected by CCPC |
||
|
Consumer Protection law - Misleading Commercial Practice |
VK Motors Ltd |
Convicted |
Fined €500 |
€500 |
Not collected by CCPC |
||
|
Consumer Protection law - Misleading Commercial Practice |
Brian Fassnidge |
Convicted & sentenced in 2015 |
€4,000 in fines €10,000 in costs €1,000 in compensation to consumers€17,200 repaid to the affected consumers. |
€32,200 |
Not collected by CCPC |
||
|
Traders in breach of the EC (Requirements to Indicate Product Prices) Regulations 2002 |
Against 43 traders listed in the CCPCs 2014 CPL |
Notices issued by the CCPC |
€300 per Fixed Payment Notice (FPN) |
€12,900 |
Y |
||
|
2014 |
Traders in breach of the Retail Price (Beverages in Licensed Premises) Display Order, 1999 - 1 FPN issued |
Against1 trader listed in the CCPCs 2014 CPL |
Notices issued by the CCPC |
€300 per FPN |
€300 |
Y |
|
|
Consumer Protection law - Misleading Commercial Practice |
Castletown Motors |
Not guilty |
NA |
NA |
NA |
||
|
Traders in breach of the EC (Requirements to Indicate Product Prices) Regulations 2002 |
Against 31 traders listed in the CCPC's 2015 CPL |
Notices issued by the CCPC |
€300 per FPN |
€9,300 |
Y |
||
|
2015 |
Traders in breach of the Retail Price (Beverages in Licensed Premises) Display Order 1999. |
Against 2 traders listed in the CCPC's 2015 CPL |
Notices issued by the CCPC |
€300 per FPN |
€600 |
Y |
|
|
Consumer Protection law - Misleading Commercial Practice |
Timmy Keane |
Convicted |
€5,000 compensation order |
€5,000 |
Not collected by CCPC |
||
|
Traders in breach of consumers' cancellation rights under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 |
Against 1 trader listed in the CCPC's 2016 CPL |
Notices issued by the CCPC |
€300 per FPN |
€300 |
Y |
||
|
2016 |
Traders in breach of the EC (Requirements to Indicate Product Prices) Regulations 2002 |
Against 27 traders listed in the CCPC's 2016 CPL |
Notices issued by the CCPC |
€300 per FPN |
€8,100 |
Y |
|
|
Competition law - Bid rigging |
Aston Carpets |
Convicted following a guilty plea. |
Fined €10,000 |
€10,000 |
Not collected by CCPC |
Cases prosecuted by the DPP on foot of a file referred by the CCPC |
|
|
Competition law - Bid rigging |
Brendan Smyth |
Convicted following a guilty plea |
3 month suspended sentence & fined €7,5000 |
€7,500 |
NA (see below) |
Cases prosecuted by the DPP on foot of a file refered by the CCPC |
|
|
Consumer Protection law - Misleading Commercial Practice |
Timmy Keane |
Convicted |
6 month suspended sentence €5,000 compensation order |
€5,000 |
Not collected by CCPC |
||
|
Consumer Protection law - Misleading Commercial Practice |
Jonathan McSherry |
Convicted |
3 month imprisonment |
NA |
|||
|
Consumer Protection law - Misleading Commercial Practice |
Mr Oleksandr Matveyshyn |
Convicted |
€500 fine, €8,000 compensation order & €1,000 costs |
€9,500 |
Not collected by CCPC |
||
|
Traders in breach of the EC (Requirements to Indicate Product Prices) Regulations 2002 |
Against 33 traders listed in the CCPC's 2017 CPL |
Notices issued by the CCPC |
€300 per FPN |
€9,900 |
Y |
||
|
FPNs issued to traders who failed to display a notice as required by Article 3 of the Retail Price (Beverages in Licensed Premises) Display Order 1999 |
Against 1 trader listed in the CCPC's 2017 CPL |
Notice issued by the CCPC |
€300 per FPN |
€300 |
Y |
||
|
2017 |
Traders in breach of consumers' cancellation rights under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 |
Against 1 trader listed in the CCPC's 2017 CPL |
Notice issued by the CCPC |
€300 per FPN |
€300 |
Y |
|
|
2018 |
Competition law - Bid rigging |
Brendan Smyth |
Leniency of sentence appealed |
Fine increased to €45,000 |
€45,000 |
Currently engaging with the Courts Services as to time period allowed for discharge of fine |
Appeal was made by the DPP |
237. Deputy Sean Fleming asked the Minister for Business, Enterprise and Innovation the number of court prosecutions initiated by the Office of the Director of Corporate Enforcement in each of the years 2014 to 2018; the result of each of these court cases; the number and values of fines issued in each year; the value of fines collected each year; the value of fines still outstanding in respect of these prosecutions; the arrangements in place to collect the outstanding fines; if she will provide an age analysis of these outstanding fines; and if she will make a statement on the matter. [15334/19]
View answerThe figures for summary prosecutions are set out in tabular form:
|
Summary prosecution cases* |
2014*** |
2015 |
2016 |
2017 |
2018 |
|
Court proceedings initiated |
10 |
3 |
0 |
0 |
0 |
|
Number of persons convicted of criminal offences before the Courts** |
8 |
3 |
0 |
0 |
0 |
|
Number of convictions secured |
30 |
11 |
0 |
0 |
0 |
|
Number of fines |
8 |
1 |
0 |
0 |
0 |
|
Value of fines |
€27,500 |
€8,500 |
€0 |
€0 |
€0 |
* In terms of prosecutions, the Director of Corporate Enforcement is only statutorily empowered to initiate summary prosecutions (i.e. prosecutions of relatively minor offences in the District Court).
** Persons includes Individuals and Limited Companies
*** One of the 2014 convictions was under appeal at the end of the year. This appeal was determined in 2015 with the conviction confirmed but the fine imposed reduced from €10,500 to €3,750.
Figures for 2018 are provisional until the publication of the Office of the Director of Corporate Enforcement (ODCE) Annual Report for 2018, and are subject to change.
Over the period 2014 to 2018, the Office of the Director of Corporate Enforcement (ODCE) initiated a total of 13 summary prosecutions (i.e., against individuals and/or companies) in the District Court. Such prosecutions can involve individuals or companies being charged with multiple alleged offences. Those prosecutions resulted in a total of 41 convictions being secured.
In terms of prosecutions, the Director of Corporate Enforcement is only statutorily empowered to initiate summary prosecutions (i.e. prosecutions of relatively minor offences in the District Court).
More serious alleged breaches of company law are prosecuted on indictment in the Circuit Court and only the Director of Public Prosecutions (“DPP”) can direct that charges be preferred on indictment.
The ODCE took a decision in recent years to concentrate its resources on more serious and complex investigations, the result of which is usually the submission of a file to the Director of Public Prosecutions (DPP) for consideration, as opposed to a summary prosecution. Arising from the files submitted by the ODCE, the DPP has directed charges in a number of cases and prosecutions on indictment have followed.
The ODCE also exercised its right to make certain compliance applications to the High Court under Section 371 of the Companies Act 1963, now Section 797 of the Companies Act 2014, to secure compliance with Orders sought.
However, it should be borne in mind that, working within the context of a rectification policy, many issues can be addressed by exercise of powers without the necessity of bringing issues to the Courts for determination, for example: production of registers; directing the holding of Annual General Meetings; production of minutes of meetings; and regularising breaches of the director loan provisions which, in 2017, secured the rectification on a non-statutory basis, of suspected infringements of the Companies Act 2014, in relation to Directors’ loans in 39 cases, to an aggregate value of €15.5m approximately.
Furthermore, since June 2015, company directors facing restriction or disqualification proceedings before the Courts, can avoid Court proceedings by voluntarily agreeing to be restricted or disqualified for certain periods. This provision ensures that company directors, who are considered to be in breach of the Companies Act 2014 and facing restriction or disqualification proceedings, are dealt with in an efficient and effective administrative manner without the need for the involvement of the Courts.
The collection of fines, and associated costs, is a matter for the Courts Service and, accordingly, any questions in relation to the collection of fines and costs should be directed to the Minister for Justice and Equality.
238. Deputy Sean Fleming asked the Minister for Business, Enterprise and Innovation the number of court prosecutions initiated by the Workplace Relations Commission in each of the years 2014 to 2018; the result of each of these court cases; the number and values of fines issued in each year; the value of fines collected each year; the value of fines still outstanding in respect of these prosecutions; the arrangements in place to collect the outstanding fines; if she will provide an age analysis of these outstanding fines; and if she will make a statement on the matter. [15348/19]
View answerThe Workplace Relations Commission (WRC) was established on the 1 October 2015 assuming the roles and functions previously carried out by the National Employment Rights Authority (NERA), Equality Tribunal (ET), Labour Relations Commission (LRC), Rights Commissioners Service (RCS), and the first-instance (Complaints and Referrals) functions of the Employment Appeals Tribunal (EAT).
The aim of the WRC’s Inspectorate Division, (formerly NERA), is to achieve voluntary compliance with employment law through the provision of education and awareness, inspection of employers’ employment records and enforcement where necessary.
The WRC also utilises Compliance Notices as provided for in the 2015 Workplace Relations Act and works with employers to bring about compliance. In many such cases, defendants will make payments outstanding to staff and bring records up to date and become compliant in advance of the court hearing. Some such cases are withdrawn or struck out. As such the WRC is required to proceed to prosecution in a small number of cases to achieve compliance. In other cases before the courts the Probation Act may be applied (often directing a donation to charity and sometimes a contribution to the State’s costs as part of the final Order of the Court), so no fines apply in those cases.
The following Table sets out the number of court prosecutions initiated during the period 2014 to 2018; the number of convictions achieved in that period and the value of fines imposed.
Neither the Department of Business, Enterprise and Innovation nor the WRC have a role in the collection of fines. The collection of fines and processing of outstanding fines is a matter for the Courts Service, an Garda Siochána and the Irish Prison Service.
Prosecution Cases
|
Year |
Prosecution cases |
- |
- |
|
|
Opened |
Closed |
Convictions |
Fines imposed |
|
|
2014 |
175 |
119 |
83 |
€136,550 |
|
2015 |
173 |
145 |
106 |
€121,916 |
|
2016 |
130 |
138 |
85 |
€99,250 |
|
2017 |
99 |
126 |
95 |
€130,575 |
|
2018 |
180 |
96 |
51 |
€49,600 |
239. Deputy Micheál Martin asked the Minister for Business, Enterprise and Innovation if her Department has undertaken procurement processes in relation to consultancy agencies, media or otherwise, to assist it with formulating or contributing to policy messaging on social media or videos relating to her departmental strategies or policies; and if she will make a statement on the matter. [15382/19]
View answerMy Department has not undertaken any procurement processes with consultancy agencies, media or otherwise to assist it with formulating or contributing to policy messaging on social media or videos.
240. Deputy Micheál Martin asked the Minister for Business, Enterprise and Innovation the way in which her departmental officials have been contributing to and taking part in Government of Ireland social media messages; the way in which they are co-ordinated in each of the policy areas of her Department; the Department that is the lead Department in relation to same; and if she will make a statement on the matter. [15399/19]
View answerThe Department of Business, Enterprise and Innovation supports the social media messages of other Government Departments and Agencies as appropriate.
The Department takes the lead for the development of its own social media content, which is usually drafted between individual policy units and the Department's communications unit.
241. Deputy Dara Calleary asked the Minister for Business, Enterprise and Innovation if her Department has an operating language scheme in accordance with the Official Languages Act 2003; and the date when such a scheme was introduced. [15484/19]
View answerMy Department’s Third Irish Language Scheme 2019-2022, which was prepared in accordance with the provisions of the Official Languages Act 2003 and approved by the Minister of Culture, Heritage and the Gaeltacht, came into effect on 18 February 2019. The Scheme sets out the extent to which services are currently available through Irish in my Department and identifies areas for future enhancement.
242. Deputy Clare Daly asked the Minister for Health if he has reviewed the evidence in regard to the harms caused by Pandemrix in view of a commitment to do so at Leaders' Questions on 15 May 2018. [14868/19]
View answerI have been advised that the Taoiseach wrote directly to the Deputy on 30 May 2018 in relation to the points raised by her during Leaders Questions on 15 May 2018, which included detailed briefing provided by my Department.
As the Deputy is aware, the issue referred to in her question is the subject of ongoing litigation where the plaintiffs allege personal injury in which they claim the development of narcolepsy resulted from the administration of the H1N1 pandemic vaccine. These cases transferred to the State Claims Agency on 15 October 2013 when the Taoiseach signed the National Treasury Management Agency (Delegation of Claims Management Functions) (Amendment) Order 2013. It would not be appropriate for me as Minister for Health to interfere in the management of these claims which are delegated to the State Claims Agency.
The Discovery process is being actively case managed by a Judge of the High Court. There have been several High Court Motion hearings to date. The matter has been listed again before the High Court in October 2019 where a test case will be raised by the plaintiff. The Department of Health and the HSE continue to comply with all Orders made by the Courts and at no stage has the State failed to comply with a Discovery Order of the High Court.
243. Deputy Robert Troy asked the Minister for Health when the legislation to deal with the low-cost selling of alcohol will be enacted. [15259/19]
View answerThe Public Health (Alcohol) Bill was enacted in October 2018. In November I commenced 23 of the 31 Sections of the Act.
I am continuing to progress the remaining sections of the Act and will seek a revised Government Decision to implement the Minimum Unit Pricing provision, which addresses low-cost selling of alcohol once there is more certainty in relation to the exit of the United Kingdom from the European Union and its impacts.
244. Deputy Michael McGrath asked the Minister for Health the number and value of claims paid out by the State Claims Agency in 2017 and 2018 in relation to medical negligence cases; the top ten individual payouts in 2018; the claims in this regard, for example, late cancer diagnosis or misdiagnosis or negligence at delivery of a new baby; and if he will make a statement on the matter. [15322/19]
View answerThe State Claims Agency has a statutory remit to manage personal injury claims, including claims in respect of clinical negligence, on behalf of Delegated State Authorities (DSA’s) including the Health Service Executive.
The specific details relating to the Deputy's question have been provided to me by the State Claims Agency and are set out in the report in the following link. I have been informed by the State Claims Agency that the information contained in this report has been extracted from the National Incident Management System (NIMS). Medical negligence claims are identified on NIMS through the Incident/Hazard Category of Clinical Care.
245. Deputy Michael McGrath asked the Minister for Health the number of claims on hand by the State Claims Agency in relation to late diagnosis and missed diagnosis in relation to failings in the cervical cancer screening programme; the number of cases settled; the amount paid out in claims to date; and the legal costs of the cases. [15324/19]
View answerThe management of clinical negligence claims arising from the diagnosis, treatment and care of patients in public healthcare enterprises is delegated to the State Claims Agency which has a statutory mandate to investigate and manage these cases to completion. The information requested by the Deputy is not readily available. However, I have asked the State Claims Agency to provide this, and I understand that it will be collated shortly. I will respond directly to the Deputy on receipt of this.
246. Deputy Carol Nolan asked the Minister for Health if the new and revised general practitioner contract will recognise and resource general practitioners to meet the regulatory requirements, obligations and the duties of them to meet the general practitioner care needs of nursing home residents. [15542/19]
View answer365. Deputy Brendan Smith asked the Minister for Health if the new and revised general practitioner contract will recognise and resource general practitioners to meet regulatory requirements, obligations and the duties to meeting the general practitioner care needs of nursing home residents; and if he will make a statement on the matter. [15503/19]
View answerI propose to take Questions Nos. 246 and 365 together.
GPs contracted by the HSE under the GMS scheme are obliged to provide services to their medical card and GP visit card patients, including those who are resident in nursing homes. GPs are remunerated for these services primarily on a capitation basis, with a range of additional support payments and fees for specific items of service. An annual capitation payment of €434.15 is payable in respect of each GMS patient over 70 years of age residing in a private nursing home approved by the HSE for periods in excess of 5 weeks.
There are no plans at present to introduce a new contract specifically for the provision of general practitioner services to nursing homes. However, the Deputy will be aware of the talks which are currently underway with GP representatives in relation to the reform of the current GMS contract. The focus of these talks is on developing a range of modernisation, reform and sustainability measures and the development of a chronic disease management programme for GMS and GP visit card patients.
Agreement on the delivery of service improvements and contractual reform would provide substantial benefits for patients and facilitate a very significant increase in the resourcing of general practice on a multi-annual basis.
247. Deputy Clare Daly asked the Minister for Health if his attention has been drawn to the impact of a lack of funding for Cork Kerry Community Healthcare and that the known level of need exceeds the funding available resulting in a failure to meet the long-term needs of a number of persons who require residential services; his plans to address the funding shortfall; and if he will make a statement on the matter. [14753/19]
View answerThe 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 a service issue, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.
248. Deputy Niamh Smyth asked the Minister for Health the provisions being made for a graveyard on a site (details supplied); if it will be part of the sale in process; if these sacred grounds will be preserved; and if he will make a statement on the matter. [14761/19]
View answerAs the Health Service Executive is responsible for the management of the healthcare property estate, I have asked the HSE to respond directly to you in relation to this matter.
249. Deputy Robert Troy asked the Minister for Health if section 39 funding will be restored to a group (details supplied). [14762/19]
View answerAs this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
250. Deputy Barry Cowen asked the Minister for Health the status of a hospital appointment for a person (details supplied). [14765/19]
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.
