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Wednesday, 13 Oct 2021

Written Answers Nos. 226-240

Mental Health Policy

Questions (226)

Róisín Shortall

Question:

226. Deputy Róisín Shortall asked the Minister for Health if his attention has been drawn to the increase in applications for involuntary admission from An Garda Síochána as outlined in the Mental Health Commission Annual Report 2020; his views on the same; if he plans to amend the Mental Health Act 2001 in respect of involuntary detention; and if he will make a statement on the matter. [50066/21]

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Written answers

The Annual Report of the Mental Health Commission set out that in 2020 there were 2,432 admission orders issued, of which 1,919 were involuntary admission orders and 513 related to admission orders that required a change from voluntary to involuntary status. It should be noted that the figures relate to the number of admission orders issued rather than the number of people admitted on an involuntary basis.

Of the 1,919 involuntary admission orders issued, 32% were by members of An Garda Síochána, 29% were by a spouse, civil partner or relative, 13% were by Authorised Officers of the HSE, and 26% were by other persons. The Deputy should note that 'other persons' may include doctors in an emergency department.

Under Section 9 of the Mental Health Act 2001, members of An Garda Síochána, along with Authorised Officers, family members or other relevant persons (such as neighbours or friends) may make an application for involuntary detention. Section 12 of the Mental Health Act 2001 provides for a member of An Garda Síochána to take a person into Garda custody if the Garda believes the person is suffering from a mental disorder.

In its Annual Report, the Commission highlighted that there had been an increase in the use of Section 12 compared to 2019. While the specific cause of this increase is not known, the Department is generally in favour of the limited use of Section 12 to detain people because being taken into Garda custody can have a traumatising effect on people.

As the Deputy will understand, the proportion of applications for involuntary detention reflects the unfortunate reality that Gardaí often encounter persons with severe mental health issues and may be called upon by members of the public or family members where a person is experiencing high levels of distress. Very often, members of An Garda Síochána are the first available frontline service to whom people will turn in such situations.

Applications for involuntary detention are never made lightly and applications made by any member of An Garda Síochána take full account of An Garda Síochána‘s obligation to protect the human rights and welfare of individuals and communities. The only statutory option available to Gardaí responding to people in a mental health crisis and potentially posing a risk of harm to themselves or others is to invoke Section 12 of the Mental Health Act, 2001.

The Department of Justice has confirmed that all trainee Gardaí are trained over two days in an internationally recognised Applied Suicide Intervention Skills Training (ASIST) workshop which is delivered in collaboration with the HSE. This workshop is a suicide first aid programme which equips trainee Gardaí with the necessary skills to discuss suicide with a person at risk and to make an intervention to reduce immediate risk of suicide if necessary. Trainee Gardaí also study the Mental Health Act 2001 and the procedures that are required if they have to invoke their powers.

As part of the Continuous Professional Development core programme for operational members, An Garda Síochána has provided training on awareness of mental health difficulties in keeping with the Mental Health Act 2001. The programme also covers types of mental health difficulties, Garda powers and procedures, and the transportation of people in mental health crisis.

As the Deputy may also be aware, the Commission on the Future of Policing in Ireland concluded that societal issues such as the mental health of individuals should not be the responsibility of An Garda Síochána alone and the Commission recommended the establishment of multi-agency teams that would include Gardaí to respond to the needs of individuals with mental health issues. A pilot crisis intervention team is being developed in the Limerick Garda Division. This pilot is being progressed in close collaboration with the HSE and it is hoped to begin the rollout of the pilot team early next year.

As the Deputy will be aware, a General Scheme of a Bill to amend the Mental Health Act was approved by Government on 13 July and is available on the Department of Health's website at gov.ie - Draft Heads of a bill to amend the Mental Health Act 2001 (www.gov.ie).

The publication of the General Scheme follows a review of the Mental Health Act which took account of the 165 recommendations of an Expert Group Review of the Act that were published in 2015, along with extensive consultation with the HSE, the Mental Health Commission and other key stakeholders, and a public consultation in March/April 2021.

Proposed amendments to Section 9 in the General Scheme provide for changes to who may make an application for involuntary admission and would allow only ‘Authorised Officers’ to make an application. The proposed changes were recommended by the Expert Group and included in the current Programme for Government.

Proposed amendments to Section 12 in the General Scheme provide for updated powers for An Garda Síochána to take persons into custody who they believe fulfil the criteria for detention set out in Section 8 of the Act. The Garda or Gardaí must contact an Authorised Officer who will assess the person to see whether an application for a recommendation to a medical practitioner should be made.

The intention of these changes is to strengthen the safeguards on involuntary detention, to uphold the rights of the individual to autonomy and to make decisions of their own, and to ensure an holistic view of the individual is taken before an application for involuntary detention is made.

Pre-Legislative Scrutiny by the Oireachtas Sub-Committee on Mental Health is expected to begin in the coming weeks. The draft heads have been sent to Office of Parliamentary Counsel (OPC) for the drafting of the Bill. Department of Health officials will continue to work with the sub-Committee and the OPC to ready the Bill for introduction to the Oireachtas as soon as possible.

Dental Services

Questions (227)

Imelda Munster

Question:

227. Deputy Imelda Munster asked the Minister for Health the number of dentists in each county that have opted out of the dental treatment services scheme in 2020 and to date in 2021, in tabular form. [50067/21]

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Written answers

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

Dental Services

Questions (228)

Imelda Munster

Question:

228. Deputy Imelda Munster asked the Minister for Health the number of dentists in each county that are working under the dental treatment services scheme in tabular form. [50068/21]

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Written answers

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

Question No. 229 answered with Question No. 207.
Question No. 230 answered with Question No. 208.

Health Services

Questions (231)

Michael Healy-Rae

Question:

231. Deputy Michael Healy-Rae asked the Minister for Health when a person (details supplied) will receive an appointment; and if he will make a statement on the matter. [50105/21]

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Written answers

As this refers to an individual case, I have referred this matter to the HSE for their attention and direct reply to the Deputy.

Medical Aids and Appliances

Questions (232)

Pádraig O'Sullivan

Question:

232. Deputy Pádraig O'Sullivan asked the Minister for Health if he will expedite the purchase of an item of equipment for a person (details supplied) in County Cork; and if he will make a statement on the matter. [50112/21]

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Written answers

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

Live Exports

Questions (233)

Paul Murphy

Question:

233. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 862 of 28 September 2021, if he has taken into account concern for the welfare of the animals once they arrive in China; and if his attention has been drawn to the likely treatment that they face (details supplied). [50006/21]

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Written answers

The export of animals plays an important part in stimulating price competition and providing alternative market outlets for farmers. They are highly valued by the Irish agricultural sector for this reason. Live exports however are only possible with the highest of animal welfare standards during transport, and EU legislation allows for these journeys to take place as long as these standards are adhered to throughout the journey including those parts of the journey that lie outside the European Union.

The trade in and the export of animals is a private commercial activity but it is heavily regulated by European Law which my Department enforces. All live export shipments from Ireland are conducted in full compliance with legislative requirements. All proposed journeys must be notified to the Regional Veterinary Office in advance, and veterinary certification will only be provided where the journey complies with all animal transport and animal welfare regulations. This includes a requirement to notify the Regional Veterinary Office of the outcome of the journey once completed, and the condition of the animals on arrival.

I readily acknowledge the genuine concerns expressed by animal protection organisations in Ireland about standards of animal welfare in countries outside the EU. My Department, in cooperation with our EU partners, works closely with the World Organisation for Animal Health (OIE) with a view to improving animal welfare practices worldwide. The OIE is the global standard setting body relating to animal health and animal welfare. It is through this forum that we influence standards in other countries.

Ireland has been a member of the OIE European Platform Steering Committee on Animal Welfare since its creation in 2013 and has offered financial support and technical inputs for the development of the OIE Platform action plans, with a particular focus on the transport and slaughter.

With regard to this particular trade opportunity, I would like to point out that these animals in question are high value, high genetic merit animals and as such are handled particularly carefully by their owners and transporters. The EU has one of the highest standards in the world of animal welfare. Trade with the EU can be a stimulating factor for other countries to attain EU standards.

In summary, live exports are highly valued by Irish farmers, and the Department facilitates this commercial trade while ensuring that live animal exports meet the highest welfare standards.

Agriculture Schemes

Questions (234)

Michael Creed

Question:

234. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine the level of drawdown under TAMS of the grant aid for installation of solar panels; if a review has been carried out on the effectiveness of this initiative; if changes are envisaged to the eligibility and technical criteria involved with a view to increasing participation; and if he will make a statement on the matter. [50054/21]

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Written answers

Some 172 applications for solar panels have been approved under the TAMS scheme. To date, 79 applications have received grant aid in excess of €675,500. No changes to the TAMS eligibility and technical criteria involved are being proposed at this time.

Departmental Priorities

Questions (235)

Michael Creed

Question:

235. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine his views on the availability of green certificate courses during Covid-19 and the possible implications that a lack of these courses at that time is having or could have on prospective young farmers regarding their eligibility for the various benefits associated with the procurement of a certificate including the tax efficient transfer of family holdings; if he will further consider circumstances in which the Covid-19 pandemic impacted on the delivery of green certificate opportunities for a cohort who now by virtue of exceeding their 35th birthday may no longer be eligible for these tax incentives; the measures being taken or considered by his Department to facilitate this cohort of young farmers; and if he will make a statement on the matter. [50057/21]

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Written answers

I understand from Teagasc, the major provider of these courses, that the Green Cert continued to be delivered online during the period affected by the COVID-19 restrictions and that, consequently, no applicant was refused a place or was delayed accessing the course. Additionally, Teagasc was provided with extra teaching resources to deliver the Green Cert.

Details regarding how Teagasc continued to deliver courses during the affected period are as follows:

- Courses that were under way when the pandemic began continued and were finished on schedule. In some cases, course timetables were adjusted to accommodate course delivery within COVID-19 restrictions, but courses did continue to completion on time.

- Teagasc continued to place students on new courses and continue to accommodate all applicants interested in enrolling, in line with our normal practice in this regard.

- There were no exceptional delays in the starting or running of any course, despite the challenges of delivery with the COVID-19 restrictions.

I am informed that Teagasc tries to accommodate all applicants in as timely a manner as possible within the constraints of filling course cohorts into efficient groupings.

I am aware that despite a tax liability at the point of land transfer, there is a facility, where the transfer occurs without a Green Cert (i.e. the relevant agricultural qualification) before the age of 35, whereby this tax can be recouped on achieving the relevant agricultural qualification if achieved within a subsequent timeframe (which I gather is within four years after the date of acquisition of the land). That is, a person who obtains a relevant agricultural qualification within the period of four years after the date on which the deed transferring the land is executed will be able to claim a refund of the stamp duty paid provided all the other conditions are met. The date of the award of the qualification is the date the person became the holder of the qualification.

Details of the relevant qualifications are available on Revenues website at www.Revenue.ie.

Agriculture Industry

Questions (236)

Brendan Smith

Question:

236. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the widespread concerns in relation to the inadequate pigmeat processing capacity at present due to shortage of qualified personnel; if measures will be implemented as a matter of urgency to address this matter as delays in processing pigs will lead to animal welfare issues; and if he will make a statement on the matter. [50100/21]

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Written answers

The Department has had extensive engagement with representatives of the meat processing sector, including those in the pigmeat sector, with regard to current challenges in the supply of labour.

In the first instance, employers should avail of the range of supports available from the Department of Social Protection to recruit from labour markets domestically and in the European Economic Area (EEA). Meat processors must also continue to intensify efforts to make these roles more attractive and I acknowledge their ongoing efforts in this regard.

However, it may also be necessary to make use of work permits for applicants from labour markets outside the EEA. The Department is currently liaising on this issue with the Department of Enterprise, Trade and Employment, who have primary responsibility in this regard.

Flexible Work Practices

Questions (237)

Colm Burke

Question:

237. Deputy Colm Burke asked the Minister for Rural and Community Development if consideration will be given to the provision of additional rural working hubs in each rural town and village to enable remote workers to access social and technical facilities; and if she will make a statement on the matter. [49967/21]

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Written answers

Our Rural Future, Ireland’s Rural Development Policy 2021-2025, recognises the opportunity which remote working presents and also the potential of remote working hubs as key economic assets for our rural towns and villages. Accordingly, my Department operates a number of funding schemes that focus on projects supporting remote working and that add to the remote working infrastructure in every region.

The Rural Regeneration and Development Fund and the Town and Village Renewal Scheme both support the establishment of new digital hubs. Under this year's schemes, projects that bring vacant properties in town centres back into use as remote working hubs were eligible to apply for funding. Projects that repurpose existing community or publicly owned buildings in town or village centres to facilitate remote working were also eligible.

Earlier this year I awarded €8.8 million in funding through the Connected Hubs stream to add capacity to existing remote working infrastructure in digital hubs and broadband connection points throughout the country.

Officials in my Department will continue to consider options to support the development of remote working hubs over the coming years. Details of calls for applications to relevant funding streams will be announced by my Department in due course.

My Department also supports the development of the Connected Hubs Network (www.connectedhubs.ie). There are currently 146 hubs live on the platform, with this number growing every month. A connected hubs app has also been developed which will be launched in the coming weeks.

Insurance Coverage

Questions (238)

Peter Burke

Question:

238. Deputy Peter Burke asked the Minister for Rural and Community Development the insurance indemnity schemes that are applicable to signed and looped walkways here (details supplied); and if she will make a statement on the matter. [49983/21]

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Written answers

Sport Ireland Outdoors holds an insurance policy covering approved National Way-Marked Ways and Looped Walks, which protects landowners against claims from recreational users of these specified trails. The insurance policy covers trails that meet a specified standard, and includes all trails on my Department's Walks Scheme.

The trail management organisation responsible for developing the trail referred to by the Deputy may wish to contact Sport Ireland Outdoors to discuss the accreditation of the trail and the potential for inclusion in the insurance policy.

Departmental Funding

Questions (239)

Violet-Anne Wynne

Question:

239. Deputy Violet-Anne Wynne asked the Minister for Rural and Community Development the status of the €8 million funding sought by Clare County Council for the development of a maritime training centre in Kilrush which is capable of sustaining 28 jobs all-year round; and if she will make a statement on the matter. [50108/21]

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Written answers

The Rural Regeneration and Development Fund provides funding for the development and construction of capital projects in towns and villages and rural areas across Ireland. To date, 164 projects have been approved for funding of €252m for projects costing over €343m.

Calls for applications to the Fund are sought under two categories – Category 1 and Category 2. Category 1 relates to large scale ambitious capital projects with all necessary planning and other consents in place and which are ready to proceed. Category 2 provides smaller grant funding to enable the development of project proposals suitable for future calls for Category 1 applications

The third call for Category 2 applications to the Fund closed on 30th July 2021. My Department received 53 applications to this call and I understand that an application was received for the project referred to by the Deputy.

The application process for the Fund is competitive in nature. Applications are currently being assessed by my Department, under the oversight of the Project Advisory Board, comprised of representatives from key Government Departments and independent experts. Once that process is complete, my Department will prepare a report setting out recommended projects and my role as Minister will be to consider that report and make final decisions in relation to the allocation of funding.

Island Communities

Questions (240)

Catherine Connolly

Question:

240. Deputy Catherine Connolly asked the Minister for Rural and Community Development the engagement her Department has had with other relevant Departments and agencies in addition to external stakeholders with regard to the connection of a new electricity cable, fibre optic cable and water pipe between the Aran Islands and the mainland; and if she will make a statement on the matter. [50153/21]

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Written answers

As the Deputy is aware, a new Islands Policy is currently being developed by my Department. As part of this process, my Department has held bilateral meetings with other Government Departments to discuss the outcome of its public consultation and to explore ways in which those Departments could provide input and assist with the development of the policy.

As part of these discussions, the issues raised by the Deputy have been discussed with the relevant Departments and it is intended to hold further meetings with the stakeholders who are responsible for the services in the near future.

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