Tuesday, 15 Dec 2020

Written Answers Nos. 466-485

Citizenship Applications

Questions (466)

Gerald Nash

Question:

466. Deputy Ged Nash asked the Minister for Justice when a decision will be made on an application for citizenship by a person (details supplied); and if she will make a statement on the matter. [43565/20]

Written answers

Minister for Justice

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 11 March 2019. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. If any further documentation is required, it will be requested from the person in due course.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Health Services Staff

Questions (467, 475, 476, 477, 478, 567, 638)

Neale Richmond

Question:

467. Deputy Neale Richmond asked the Minister for Health the plans in place to implement the pay restoration for section 39 organisations; and if he will make a statement on the matter. [42947/20]

Michael Creed

Question:

475. Deputy Michael Creed asked the Minister for Health the position regarding pay restoration for section 39 workers. [43445/20]

Róisín Shortall

Question:

476. Deputy Róisín Shortall asked the Minister for Health the amount allocated in 2021 for pay restoration for section 39 workers; the specific measures this funding covers; the number of section 39 employers this funding is earmarked to fund; and if he will make a statement on the matter. [43534/20]

Róisín Shortall

Question:

477. Deputy Róisín Shortall asked the Minister for Health his position in relation to addressing the differentials in pay experienced by those working in section 39 organisations in comparison to those working in identical positions in section 38 and public sector organisations; if it is his policy to address these pay differentials; and if so, the target date for completion of this process. [43536/20]

Róisín Shortall

Question:

478. Deputy Róisín Shortall asked the Minister for Health if his attention has been drawn to the fact that the funding to date provided to section 39 organisations in respect of pay restoration is insufficient to meet the costs of full pay restoration in those organisations as it does not cover costs such as associated pension costs, employers PRSI increases and certain part-time posts; the basis on which these allocations have been decided; his plans to address this issue; and the time frame he is working to. [43537/20]

Carol Nolan

Question:

567. Deputy Carol Nolan asked the Minister for Health his views on the agreement reached at the Workplace Relations Commission in 2018 on a process of pay restoration for section 39 organisations; and if he will make a statement on the matter. [43278/20]

Róisín Shortall

Question:

638. Deputy Róisín Shortall asked the Minister for Health the target date for the completion of the current HSE review exercise with the 250 section 39 organisations that have received no funding for pay restoration. [43538/20]

Written answers

Minister for Health

I propose to take Questions Nos. 467, 475 to 478, inclusive, 567 and 638 together.

Under section 39 of the Health Act 2004, the HSE provides financial assistance to organisations to provide services similar or supplementary to a service that the HSE may provide. Staff in these organisations are not public servants and were not subject to the provisions of FEMPI legislation. They did not automatically receive the cuts that were applied to the pay of public servants. These employees differ to those employed by organisations who provide services under section 38 of the Act who are public servants and are therefore paid in line with the Department of Health consolidated salary scales.

As we are aware, an agreement was reached by the parties in October 2018, in relation to a process of pay restoration for staff employed by the 50 pilot agencies. The purpose of pay restoration is to restore pay levels to what they were before these pay cuts were made. Pay restoration commenced in April 2019 with an annual pay increase of up to €1,000. Any outstanding balance would be paid in two equal amounts in 2020 and 2021, if due.

This process will result in approximately half of the eligible section 39 employees having their pay fully restored by 2021. There are 250 bodies who were not part of the pilot. The agreement reached at the WRC noted that some of the organisations which did not form part of the pilot phase are also likely to have pay restoration issues. It stated that a process of engagement to address this would commence in 2019.

Since late 2019, there was a number of meetings between the parties at the WRC, in relation to this next phase. The HSE have been costing this next phase of pay restoration and engagement has been taking place with the Department of Public Expenditure and Reform regarding a proposal to resolve these pay restoration issues. In this regard, funding was allocated in Budget 2021 for pay restoration for the 250 organisations.

I can confirm that following engagement at the Workplace Relations Commission last week, the parties reached an agreement. A payment arrangement consisting of three phases was agreed with the first two payments to be made in 2021.

Healthcare Policy

Questions (468)

Jennifer Whitmore

Question:

468. Deputy Jennifer Whitmore asked the Minister for Health if there are age limits in Ireland on the consumption of energy drinks which can contain concentrated amounts of caffeine or other stimulants; if not, if there are plans to introduce age limits for energy drinks for those under 16 years of age as is the case in other jurisdictions; and if he will make a statement on the matter. [43031/20]

Written answers

Minister of State at the Department of Health (Deputy Frankie Feighan)

The current position with regard to energy drinks is that, since 2000, there has been a legal requirement under EU legislation for all ingredients as well as the quantity of certain ingredients to be displayed on the product label. Additionally, since December 2014 an EU regulation requires that beverages containing a proportion in excess of 150mg/l of caffeine are labelled with the statement “High caffeine content. Not recommended for children or pregnant or breast-feeding women” placed near the name of the product and followed by the caffeine content specified in mg per 100ml.The Department of Health's national Obesity Policy and Action Plan (OPAP), published in 2016 recommended that a code of practice for food and beverages promotion, marketing and sponsorship be developed and implemented. The Voluntary Codes of Practice for the Non-Broadcast Media Advertising and Marketing of Food and Non-Alcoholic Beverages, including Sponsorship and Retail Product Placement were launched in February 2018. The purpose of these Codes is to ensure that foods and drinks high in fat, especially saturated fat, sugar and salt are marketed and advertised in a responsible way, especially to young people. High energy drinks qualify as high sugar products under the criteria being used to define high sugar drinks. Therefore, their advertising, marketing, sponsorship and product placement is covered by these Codes. They are also liable to the Sugar-Sweetened Drinks Tax, which commenced on 1 May 2018.

State Claims Agency

Questions (469, 554)

Catherine Murphy

Question:

469. Deputy Catherine Murphy asked the Minister for Health the costs incurred by the State Claims Agency in respect of medical negligence claims in 2018, 2019 and to date in 2020; and the amount the agency has paid out in legal costs and in respect of the pay-outs. [43226/20]

Catherine Murphy

Question:

554. Deputy Catherine Murphy asked the Minister for Health the costs incurred by his Department in respect of medical negligence claims in 2018, 2019 and to date in 2020; and the amount paid out in legal costs and in respect of the pay-outs. [43225/20]

Written answers

Minister for Health (Deputy Stephen Donnelly)

I propose to take Questions Nos. 469 and 554 together.

The State Claims Agency has prepared the below table in response to the information requested by the Deputy. The information in the table details the total amount paid from 1 January 2018 to 30 November 2020 across Damages, Legal and Expert costs in respect of non-medical negligence claims.

Transaction Bucket	2018	2019	2020 (to End Nov)	Grand Total
Damages	€ 43,871,551	€ 55,668,452	€ 37,575,352	€ 137,115,355
Legal Cost	€ 26,783,094	€ 31,488,902	€ 31,014,182	€ 89,286,178
Expert Costs	€ 7,986,757	€ 4,645,859	€ 4,075,858	€ 16,708,474
Grand Total	€ 78,641,402	€ 91,803,213	€ 72,665,393	€ 243,110,008

Cannabis for Medicinal Use

Questions (470)

Matt Carthy

Question:

470. Deputy Matt Carthy asked the Minister for Health his views on the European Court of Justice decision that CBD is not a narcotic under EU law; the impact this will have for hemp cultivation in Ireland; and if he will make a statement on the matter. [43264/20]

Written answers

Minister for Health

Cannabis is strictly controlled under the Misuse of Drugs Acts 1977 to 2016, and the Regulations and Orders made thereunder.

The two most common active components found in cannabis oil are tetrahydrocannabinol (THC) and cannabidiol (CBD).

THC is the principal psychoactive constituent of cannabis. Under the Misuse of Drugs legislation products containing THC are strictly controlled and possession is unlawful except under licence.

CBD is derived from cannabis. However, since it is not psychoactive it is not controlled under the Misuse of Drugs legislation, however a CBD product containing any THC will be subject to control measures and licence requirements under the legislation.

Nursing and Midwifery Board of Ireland

Questions (471, 480, 553, 570, 576, 583)

Ruairí Ó Murchú

Question:

471. Deputy Ruairí Ó Murchú asked the Minister for Health the details of his engagements with the National and Midwifery Board of Ireland regarding the annual retention fee; and if he will make a statement on the matter. [41793/20]

Pauline Tully

Question:

480. Deputy Pauline Tully asked the Minister for Health if his attention has been drawn to the fact that while all NHS and social care workers in Scotland are receiving a £500 payment to thank them for working on the frontline during Covid-19, Irish nurses are having to pay a €100 registration fee to the Nursing and Midwifery Board of Ireland; if he will request that this fee is waived; if not, the reason; and if he will make a statement on the matter. [42847/20]

Steven Matthews

Question:

553. Deputy Steven Matthews asked the Minister for Health if his attention has been drawn to the fact that a campaign led by nurses that seeks to have the annual retention fee paid to the NMBI waived for 2020 to reflect their service during the pandemic; and if he will make a statement on the matter. [43224/20]

Christopher O'Sullivan

Question:

570. Deputy Christopher O'Sullivan asked the Minister for Health if he will urge the NMBI to waive the €100 retention fee for nurses to retain their name on the live register; and if he will make a statement on the matter. [43292/20]

Patricia Ryan

Question:

576. Deputy Patricia Ryan asked the Minister for Health if the State will pay the registration fees for nurses and midwives; and if he will make a statement on the matter. [43345/20]

David Cullinane

Question:

583. Deputy David Cullinane asked the Minister for Health if he will waive NMBI registration fees for the duration of the Covid-19 pandemic; and if he will make a statement on the matter. [43386/20]

Written answers

Minister for Health

I propose to take Questions Nos. 471, 480, 553, 570, 576 and 583 together.

Responsibility for the regulation of nurses and midwives in Ireland rests with The Nursing and Midwifery Board of Ireland (NMBI).

NMBI is an independent regulatory body established under the Nurses and Midwives Act 2011. While my Department is responsible for the oversight and governance of the NMBI, I have no role in setting or approving fees.

Under the Nurses and Midwives Act 2011, the NMBI is required to be self-financing, and the Annual Retention Fee is required to carry out their statutory obligations to protect the integrity of the practice of the professions of nursing and midwifery, and to protect the public. The annual retention fee was set by the NMBI in 2014 at €100 and is its main source of income in order to full these obligations.

Healthcare Policy

Questions (472)

Thomas Gould

Question:

472. Deputy Thomas Gould asked the Minister for Health if his attention has been drawn to the fact that there is no age limit regulating the sale of vape products; and his plans to rectify the situation. [43374/20]

Written answers

Minister for Health

The General Scheme of the Public Health (Tobacco and Nicotine Inhaling Products) Bill, approved by Government in October 2019, contains provisions that will prohibit the sale of vaping products to, and by, persons under 18 years of age. The General Scheme of the Bill has been submitted for pre-legislative scrutiny to the Oireachtas Committee on Health and to the Office of the Attorney General for drafting of the Bill.

Health Insurance

Questions (473)

Michael McNamara

Question:

473. Deputy Michael McNamara asked the Minister for Health if an exemption can be made for a person (details supplied) who has been informed by a company that it cannot process receipts for health services which are more than six months outside the end of the insurance year in question; and if he will make a statement on the matter. [43395/20]

Written answers

Minister for Health

As Minister for Health I do not have a role to play in the commercial decisions of any health insurer. Health insurance providers operate in a competitive market and are free to impose certain terms and conditions in their policies, providing they comply with the overall governing legislation and broader regulatory requirements. The Health Insurance Acts do not impose obligations regarding the minimum or maximum time that receipts may be claimed by an insurance customer, such matters are usually determined by the contract between the insurer and the customer.

In circumstances where queries regarding the terms and conditions of a policy arise, I would encourage health insurance customers to attempt to resolve complaints with their insurance provider in the first instance. If the insurance provider has not resolved the issue to the customers satisfaction, they can also refer the matter to the Financial Services and Pensions Ombudsman (FPSO). The FPSO is an independent officer who investigates complaints of customers about financial services.

Vaccination Programme

Questions (474)

Niamh Smyth

Question:

474. Deputy Niamh Smyth asked the Minister for Health his plans in 2021 for the roll out of the Covid-19 vaccine on college campuses; and if he will make a statement on the matter. [43424/20]

Written answers

Minister for Health

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

Questions Nos. 475 to 478, inclusive, answered with Question No. 467.

Home Care Packages

Questions (479)

Richard Boyd Barrett

Question:

479. Deputy Richard Boyd Barrett asked the Minister for Health the different supports available to keep elderly persons in their homes for as long as possible and the way in which to access those supports; and if he will make a statement on the matter. [42846/20]

Written answers

Minister of State at the Department of Health (Deputy Mary Butler)

As this is an operational matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.

Question No. 480 answered with Question No. 471.

Health Services Staff

Questions (481)

David Cullinane

Question:

481. Deputy David Cullinane asked the Minister for Health if he will advise on a matter raised in correspondence (details supplied); if the pension abatement rule for public sector pensions applies to employment with section 38 and 39 organisations; and if he will make a statement on the matter. [42869/20]

Written answers

Minister for Health

The purpose of pension abatement is to ensure that former public servants who are in receipt of public service pensions and who are appointed to positions, the remuneration for which is paid by public service bodies, receive no more in combined pension and remuneration (including allowances) following employment post-retirement than he/she would have received in pensionable remuneration if he/she had continued to serve in the former position.

Abatement applies to the public service pension not to the salary / remuneration in the new post. In order to determine the position in relation to a specific case it is recommended that the individual concerned contact the administrator of his/her pension scheme to discuss the level of abatement, if any, that would apply.

Covid-19 Pandemic

Questions (482)

David Cullinane

Question:

482. Deputy David Cullinane asked the Minister for Health the latest engagement with organisations (details supplied) on Covid-related changes to work practices, the provision of additional paramedic posts and the nature of proposed changes to work practices; and if he will make a statement on the matter. [42874/20]

Written answers

Minister for Health

The National Ambulance Service Representative Association (NASRA) is a group which is not recognised by the HSE and, therefore, does not have negotiating rights.

In relation to the IARC, I have asked the HSE to respond directly in relation to this operational issue.

Speech and Language Therapy

Questions (483, 484)

Denise Mitchell

Question:

483. Deputy Denise Mitchell asked the Minister for Health the number of children waiting over 12 months to see a speech and language therapist by CHO in tabular form. [42878/20]

Denise Mitchell

Question:

484. Deputy Denise Mitchell asked the Minister for Health the number of children waiting over 12 months to see an occupational therapist by CHO in tabular form. [42879/20]

Written answers

Minister of State at the Department of Health (Deputy Anne Rabbitte)

I propose to take Questions Nos. 483 and 484 together.

The Programme for Government, Our Shared Future, recognises the need to improve services for both children and adults with disabilities through better implementation and by working together across Government in a better way.

The Government commits to prioritising early diagnosis and access to services for children and ensuring that the most effective interventions are provided for each child, to guarantee the best outcomes.

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

Vaccination Programme

Questions (485)

Paul Murphy

Question:

485. Deputy Paul Murphy asked the Minister for Health if he will consider extending the free flu vaccine scheme to children up to 17 years of age in view of the relatively low rates of take-up of the nasal flu vaccine by children aged two to 12 years of age [42889/20]

Written answers

Minister for Health

1.95 million doses of influenza vaccine, including 1.35 million doses of the Quadrivalent Influenza Vaccine (QIV) for administration to all persons in an at-risk group and 600,000 doses of the Live Attenuated Influenza Vaccine (LAIV) for all children aged from 2 to 12 years old inclusive, have been made available for the current influenza vaccination programme. The amount of vaccine made available for this winter is almost double the amount of vaccine administered last winter.

Over 1.33 million of the 1.35 million doses of flu vaccine available this winter have been distributed to GPs, pharmacists and other vaccination sites. Deliveries are continuing and stock is expected to be depleted by the end of the year. In addition, over 460,000 doses of the LAIV for administration to children aged from 2 to 12 have been distributed.

As of 10th December, almost 950,000 claims for reimbursement from GPs and pharmacists for the administration QIV and approximately 193,000 claims for the administration of LAIV have been received.

Given the lower than expected uptake of the Live Attenuated Influenza Vaccine for children, I have approved the expansion of the use of LAIV in all children aged from 2 years to 17 years inclusive, for the current winter period.