Written Answers Nos. 483-502
483. Deputy Michael Fitzmaurice asked the Minister for Business, Enterprise and Innovation the auditing and oversight mechanisms in place in her Department to ensure that standard processes are in place across each Department and State body to ensure that suppliers' invoices are processed in full compliance with the prompt payment of accounts legislation. [3847/20]
View answer484. Deputy Michael Fitzmaurice asked the Minister for Business, Enterprise and Innovation the international auditing standards, such as ISO 9001, in place to ensure that standard processes are in place across each Department and State body to ensure that all suppliers' invoices are processed in compliance with the prompt payment of accounts legislation. [3848/20]
View answerI propose to take Questions Nos. 483 and 484 together.
The European Communities (Late Payment in Commercial Transactions) Regulations 2012 - SI 580 of 2012 gives legal effect to Directive 2011/7/EC of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions.
The 2012 Regulations provide that public authorities must pay for goods and services they procure within 30 days of receipt of a valid invoice or as specified in a contract (which cannot exceed 30 days). Failure to do so incurs the automatic payment of interest and compensation. Details of the value and number of Departments’ payments made within 30 and 15 days are published on a quarterly basis.
It is the responsibility of each Government Department and state body to ensure its systems and processes are in order to meet obligations under the Late Payment in Commercial Transactions Regulations.
The Department of Public Expenditure and Reform issues an annual Circular (for example Circular 27/2019: Requirements for Appropriation Accounts 2019) which sets out the requirements to be followed by Government Departments in relation to the preparation of their Appropriation Accounts and specifically provides that in the case of interest and compensation under the Late Payments in Commercial Transactions Regulations, 2012 information must be included in a Department’s Account where the total of interest payments due was €10,000 or more, or an individual payment was €10,000 or more.
The Appropriation Accounts of Departments are subject to audit by the Comptroller and Auditor General. The external audit of non-commercial state bodies is also carried out by the Comptroller and Auditor General.
All Departments must publish their compliance figures on a quarterly basis. In 2018 and 2019 respectively, 98% and 98% of all invoices received by Government Departments were paid within 30 days and did not incur late payment interest or compensation.
All Departments must also publish the compliance levels of the bodies under their aegis on their respective websites. In 2018 and 2019, 99% and 98% of all invoices received by the agencies of this Department were paid within 30 days and therefore did not incur late payment interest or compensation payments.
These figures indicate strong compliance with statutory obligations under the 2012 Regulations.
487. Deputy Michael Fitzmaurice asked the Minister for Business, Enterprise and Innovation her views on the compliance levels here and the possible level of exposure facing Ireland in respect of a recent court case (details supplied). [3853/20]
View answerLate payment in commercial transactions is governed by the European Communities (Late Payment in Commercial Transactions) Regulations 2012 - SI 580 of 2012 which give legal effect to Directive 2011/7/EC of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions.
Under these Regulations it is an implied term of every commercial transaction that where a purchaser does not pay for goods or services by the relevant payment date, the supplier shall be entitled to late payment interest on the amount outstanding.
The 2012 Regulations provide that public authorities must pay for goods and services they procure within 30 days of receipt of a valid invoice or as specified in a contract (which cannot exceed 30 days). Failure to do so incurs late payment interest.
Compliance levels of Government Departments and public bodies with the Regulation are excellent. In the latest reporting period, Q4 of 2019, 98% of invoices received by Departments were paid within 30 days. For the state bodies under the aegis of my Department, 99% of invoices were paid within 30 days. Individual Departments are responsible for reporting on the compliance levels of bodies under their aegis.
In line with its commitment to address the issue of late payments the Irish Government has gone a step further than the strict requirement of the Regulation by requiring public authorities to pay for goods and services within 15 days. Compliance with the 15-day requirement has also been strong among Government Departments with 83% paying within 15 days (in the latest reporting period) and 92% of invoices received by agencies under the remit of my Department paying within 15 days.
To further encourage compliance, each Department is required to compile and publish their own quarterly payment performance reports as well as those of the bodies under their remit on their websites.
In addition, in 2017 a commitment was made that public sector bodies would pay late payment interest and compensation costs (minimum of €40) automatically after 30 days without an obligation on the provider to request such a payment.
The various measures undertaken by my Department and across Government to ensure the terms of the Regulation have been observed have gone beyond mere transposition of the Directive and are proving very successful as is evident from the high level of compliance reported.
488. Deputy Michael Fitzmaurice asked the Minister for Business, Enterprise and Innovation the quantity of invoices which were paid 90 or more days after receipt by Departments or State bodies in each of the years from 2013 to 2019; and her views on whether the remedies for suppliers in the current prompt payment of accounts legislation in respect of payments after 90 days are appropriate. [3854/20]
View answerThe European Communities (Late Payment in Commercial Transactions) Regulations 2012 - SI 580 of 2012 gives legal effect to Directive 2011/7/EC of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions.
The 2012 Regulations provide that public authorities must pay for goods and services they procure within 30 days of receipt of a valid invoice or as specified in a contract. (A commercial contract between an undertaking and a public authority cannot include a period for payment that exceeds 30 days). Failure to pay an invoice within 30 days will entitle the supplier to the automatic payment of late payment interest and a compensation payment.
It is a Government requirement that all central Government Departments and public sector bodies (excluding commercial Semi-State bodies) pay their suppliers within 15 calendar days of receipt of a valid invoice. This arrangement does not alter contractual relationships and does not change the legal position in relation to late payments.
My Department collates and publishes the composite quarterly returns by Central Government Departments of payments made to their suppliers within 15 and 30 days. As the deadline specified by the Regulation is 30 days, my Department does not collect information on payment of invoices after 90 days. In 2019, 98% of all invoices received by Government Departments were paid within 30 days. Therefore 2% were paid outside of the 30-day limit.
Government Departments are also required to publish the quarterly composite reports covering the bodies under their aegis. In 2019, 98% of invoices received by agencies of my Department were paid within the 30-day limit. 2% of invoices received were paid after 30 days.
With effect from 1 January 2020, the late payment interest rate is 8.00% per annum (that is based on the ECB rate as at 1 January 2020 of 0.00% plus the margin of 8%). This rate equates to a daily rate of 0.022%.
The table below outlines the compensation amounts payable.
|
Amount of Late Payment (invoice value) |
Compensation amount |
|
Not exceeding €1000 |
€40 |
|
Exceeding €1000 but not exceeding €10,000 |
€70 |
|
Exceeding €10,000 |
€100 |
489. Deputy Sean Fleming asked the Minister for Health the number of persons that have made claims against the State that are being dealt with by the State Claims Agency in respect of an issue (details supplied); the estimated cost in respect of same in cases in which the women taking cases are successful; and if he will make a statement on the matter. [2617/20]
View answerThe State Claims Agency (SCA) has a statutory remit to manage personal injury claims, including claims in respect of clinical negligence, on behalf of Delegated State Authorities (DSAs) including the Health Service Executive.
I have been informed by the State Claims Agency that it regrets that it is not in a position to release to the Deputy the estimated cost of this cohort of claims due to the commercial sensitivity of this information. To date, the Agency has received 47 claims in relation to transvaginal implants. They are not on notice, at this point in time, of any specific case that relates to a prolapsed bladder.
490. Deputy Darragh O'Brien asked the Minister for Health the reason the gratuity due to certain home help workers in lieu of pension payments has not issued to date in line with the recommendations of the Labour Court. [2948/20]
View answerThe Deputy is referring to home help workers who are employed by voluntary providers of home help services which are funded under section 39 of the Health Act 2004.
I advised the Deputy previously on a number of occasions that as these home help workers are not employed by the HSE, the HSE and the Department have no role in determining the salaries or other terms and conditions applying to these staff including any pension arrangements.
In addition, the Deputy is aware that a joint working group was established, as agreed as part of the 2015 Lansdowne Road talks, to consider a number of issues in relation to section 39 organisations. Unfortunately it was not possible to reach an agreement between the parties on the issue of gratuity payments.
491. Deputy Matt Carthy asked the Minister for Health if he has engaged with section 39-funded organisations here (details supplied) regarding the restoration of pay for staff in these facilities; his plans to engage with section 39-funded organisations in the future in relation to the issue; and if he will make a statement on the matter. [3545/20]
View answerThe WRC agreement reached in October 2018 in relation to pay restoration for section 39 organisations provided for pay restoration in relation to 50 ‘pilot organisations’ in the first instance. Pay restoration for these bodies commenced in April of this year with further payments due in 2020 and 2021 as appropriate.
The WRC agreement also states:
“It is recognised that some of the remaining Section 39 organisations (estimated 250 approximately) are likely to have pay restoration issues and a process to address these will be agreed and the parties will commence engagement on this issue during 2019”.
There had been initial engagements in recent months between the parties on this matter under the auspices of the Workplace Relations Commission. HSE management has indicated its willingness to undertake the preparatory work around implementation of pay restoration for this next group. The HSE has also confirmed the following:
- A dedicated resource has been assigned to this work from January 2020
- They are considering which bodies might form a 'phase 2' of pay restoration
- It is intended to use the learning from the first 50 pilot organisations to streamline this process
However, despite the engagement that took place, it was not possible to reach an agreement. Management remain available and committed to the process.
I have asked the HSE to directly respond to the Deputy in relation to any discussions they may have had with Steadfast House, Carrickmacross, Co. Monaghan.
492. Deputy Michael Healy-Rae asked the Minister for Health if additional homecare will be provided for a person (details supplied); and if he will make a statement on the matter. [2562/20]
View answerAs this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
493. Deputy Michael McGrath asked the Minister for Health his plans to include pulmonary hypertension in the long-term illness scheme; and if he will make a statement on the matter. [2565/20]
View answer507. Deputy Michael McGrath asked the Minister for Health his plans to add a condition (details supplied) to the list of qualifying conditions covered by the long-term illness scheme; and if he will make a statement on the matter. [2604/20]
View answer597. Deputy Alan Kelly asked the Minister for Health when changes will be made to the long-term illness list (details supplied); and if he will make a statement on the matter. [2853/20]
View answer862. Deputy Seán Crowe asked the Minister for Health his plans or proposals to update the long-term illness scheme to include Crohn's disease and irritable bowel syndrome. [3737/20]
View answer863. Deputy Seán Crowe asked the Minister for Health his plans to update the long-term illness scheme to include coeliac disease. [3738/20]
View answer864. Deputy Seán Crowe asked the Minister for Health his plans to update the long-term illness scheme to include those that have multiple scoliosis. [3739/20]
View answerI propose to take Questions Nos. 493, 507, 597 and 862 to 864, inclusive, together.
The Long Term Illness Scheme was established under Section 59(3) of the Health Act 1970 (as amended). The conditions covered by the LTI are: acute leukaemia; mental handicap; cerebral palsy; mental illness (in a person under 16); cystic fibrosis; multiple sclerosis; diabetes insipidus; muscular dystrophies; diabetes mellitus; parkinsonism; epilepsy; phenylketonuria; haemophilia; spina bifida; hydrocephalus; and conditions arising from the use of Thalidomide. Under the scheme, patients receive drugs, medicines, and medical and surgical appliances directly related to the treatment of their illness, free of charge.
There are no plans to extend the list of conditions covered by the scheme at this time. However, I wish to inform the Deputy that it is proposed that the LTI Scheme would be included as part of a review of the basis for existing hospital and medication charges, to be carried out under commitments given in the Sláintecare Implementation Strategy.
For people who are not eligible for the LTI Scheme, there are other arrangements which protect them from excessive medicine costs.
Under the Drug Payment Scheme, no individual or family pays more than €124 a month towards the cost of approved prescribed medicines. The scheme significantly reduces the cost burden for families and individuals with ongoing expenditure on medicines.
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.
494. Deputy Michael McGrath asked the Minister for Health the number of patients in each of the two locations in Cork city that attended a service (details supplied) in each of the years 2016 to 2019; the number of general practitioners that have worked in the service in the period; the plans of the HSE for the development of the service; if his attention has been drawn to the pressure the service is under; and if he will make a statement on the matter. [2572/20]
View answerAs this question relates to a service matter, I have arranged for the question to be referred to the Health Service Executive for direct reply to the Deputy.
495. Deputy Jack Chambers asked the Minister for Health if the chickenpox vaccination will be included under the medical card scheme; and if he will make a statement on the matter. [2577/20]
View answer578. Deputy Jack Chambers asked the Minister for Health his plans to include the chickenpox vaccination under the medical card scheme; and if he will make a statement on the matter. [2820/20]
View answer681. Deputy Michael Healy-Rae asked the Minister for Health if a vaccine (details supplied) will be made available on the medical card; and if he will make a statement on the matter. [3233/20]
View answerI propose to take Questions Nos. 495, 578 and 681 together.
The immunisation programme in Ireland is based on the advice of the National Immunisation Advisory Committee (NIAC). The committee's recommendations are based on the prevalence of the relevant disease in Ireland and international best practice in relation to immunisation. It makes recommendations on vaccination policy to my Department. NIAC continues to revise recommendations to allow for the introduction of new vaccines in Ireland and to keep abreast of changes in the patterns of disease. Therefore, the immunisation schedule will continue to be amended over time. All vaccines administered through the Primary Childhood Immunisation Schedule are provided free of charge.
Varicella (chickenpox) is an acute infectious disease caused by varicella-zoster virus (VZV). Primary infection with varicella results in varicella (chickenpox). Recurrent infection results in herpes zoster (shingles).
NIAC has recently identified the evaluation of VZV as a key priority for 2020. My Department has written to HIQA to request that it considers undertaking a Health Technology Assessment relating to VZV vaccine in children in 2020 to establish the clinical and cost-effectiveness of extending the current immunisation programme.
496. Deputy Michael Healy-Rae asked the Minister for Health the status of a hospital appointment for a person (details supplied); and if he will make a statement on the matter. [2578/20]
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.
497. Deputy Michael Healy-Rae asked the Minister for Health the status of a hospital appointment for a person (details supplied); and if he will make a statement on the matter. [2579/20]
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.
498. Deputy Michael Healy-Rae asked the Minister for Health if additional home help will be provided to a person (details supplied); and if he will make a statement on the matter. [2580/20]
View answerAs this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
499. Deputy Michael Healy-Rae asked the Minister for Health when changes to the fair deal scheme will be implemented (details supplied); and if he will make a statement on the matter. [2581/20]
View answerThe proposed policy change to the Nursing Homes Support Scheme (NHSS), to cap contributions based on farm and business assets at 3 years where a family successor commits to working the productive asset, has been approved by Government. The Department developed draft Heads of Bill while considering a number of complex ancillary policy and operational matters which may need to be addressed in the proposed legislation.
The General Scheme of Bill for the Amendment to the NHSS was approved by Government on 11 June 2019 and subsequently published. The changes to the Scheme will come into effect as soon as the legislative process is successfully complete. The General Scheme was sent to the relevant Joint Committee and the Department participated in pre-legislative scrutiny on 13 November 2019. Engagement with the Office of the Attorney General continues with a view to progressing the legislative development process.
It is intended that this proposed policy change, the 3 year cap, will be extended to eligible existing participants in long term residential care so that they are not disadvantaged, but that there would be no retrospective recoupment of contributions for those who have paid contributions over and above the 3 year period.
500. Deputy Michael Healy-Rae asked the Minister for Health the status of a hospital appointment for a person (details supplied); and if he will make a statement on the matter. [2583/20]
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.
501. Deputy Michael Healy-Rae asked the Minister for Health the status of a dental appointment for a person (details supplied); and if he will make a statement on the matter. [2584/20]
View answerAs this is a service matter it has been referred to the HSE for direct reply to the Deputy.
502. Deputy Michael Healy-Rae asked the Minister for Health if he will address a matter (details supplied) regarding funding; and if he will make a statement on the matter. [2587/20]
View answerAs this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
