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Wednesday, 10 Nov 2021

Written Answers Nos. 208-222

Road Traffic Offences

Questions (208)

Catherine Murphy

Question:

208. Deputy Catherine Murphy asked the Minister for Justice the number of drivers listed in court for speeding, by District Court, in the years 2018, 2019 and 2020, which resulted in the case being struck out or dismissed due to the driver making a contribution to the court poor box; and if she will make a statement on the matter. [54967/21]

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Written answers

I have sought a report from the Courts Service on the matters raised by the Deputy and I will revert to her when this is to hand.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question Number 208, which was for answer on 10 November 2021, the number of drivers listed in court for speeding by district court in the years 2018, 2019 and 2020 which resulted in the case being struck out or dismissed due to the driver making a contribution to the court poor box.
You will recall that the information could not be obtained in the time available and I undertook to consult with the Courts Service and contact you again when the information was available.
I am advised by the Courts Service that the table below details the number of persons by District Court Area, where their offence for speeding was struck out/dismissed due to the driver making a contribution to the court poor box.

Court Area

Jan - Dec 2018

Jan - Dec 2019

Jan - Dec 2020

Jan - Sep 2021

ATHLONE

1

BALLINASLOE

2

2

BANDON

3

3

4

CARRICK ON SUIR

1

CASTLEREA

1

CLONAKILTY

1

CLONMEL

1

CORK CITY

1

1

DROGHEDA

1

DUBLIN METROPOLITAN DISTRICT

7

4

11

DUNGARVAN

5

1

KILLALOE

1

LONGFORD

1

LOUGHREA

1

1

MACROOM

4

3

3

MULLINGAR

3

PORTLAOISE

1

STROKESTOWN

1

TUAM

1

2

2

YOUGHAL

1

Total

29

18

5

23

I trust this information is of assistance.

Road Traffic Offences

Questions (209)

Catherine Murphy

Question:

209. Deputy Catherine Murphy asked the Minister for Justice the number of drivers who were not convicted in court for speeding offence in each of the years 2018, 2019 and 2020, by District Court, due to the fact that they claimed in court the non-receipt of the original fixed-charge notice for speeding; and if she will make a statement on the matter. [54968/21]

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Written answers

As outlined to the Deputy in my response to Parliamentary Question No. 332 of 04 November 2021, the Courts Service system does not record the reason a case was struck out unless the Judge includes the reason in their order, and for this reason, the Courts Service cannot provide the information sought by the Deputy. 

As such, the Courts Service does not hold complete statistical information on the reasons for any case being struck out and the statistics as requested by the Deputy cannot be provided.

Road Traffic Accidents

Questions (210)

Michael Healy-Rae

Question:

210. Deputy Michael Healy-Rae asked the Minister for Justice if she will address a matter (details supplied) regarding traffic collisions recorded by An Garda Síochána and if she will make a statement on the matter. [55188/21]

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Written answers

I have requested the information sought by the Deputy from An Garda Síochána, but I have not received this information in time. I will write directly to the Deputy as soon as the information is to hand.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question number 210 of 10 November 2021 where you asked for the number of traffic collisions attended by Gardaí over the last 5 years that have involved cars striking deer.
You will recall that the information could not be obtained in the time available and I undertook to consult with An Garda Síochána and contact you again when the requested information was available.
As you will be aware, the Garda Commissioner is by law responsible for the management and administration of An Garda Síochána, including the recording of incidents reported to Gardaí. As Minister for Justice, I have no direct role in these matters.
I am advised by the Garda authorities that each Fatal Injury, Serious Injury, Non-Serious Injury and Material Damage Only Collision where a driver came into contact with a deer during the period 1 January 2016 to 7 November 2021, inclusive, was examined.
I am further advised that this review found a total of 799 such collisions, of which 779 were categorised as Material Damage Only (non-injury) collisions, 15 were categorised as Non-Serious Injury Collisions and less than 10 were categorised as Serious Injury Collisions. I am informed that no Fatal Injury Collisions involving contact with a deer during this period was recorded by An Garda Síochána.
I am informed that the above information is based upon operational data obtained from the Garda PULSE system as was available on 8 November 2021 and is liable to change.
I trust this information is of assistance.

Assisted Human Reproduction

Questions (211)

Carol Nolan

Question:

211. Deputy Carol Nolan asked the Minister for Health the dialogue that has been conducted between his Department and the Department of Children, Equality, Disability, Integration and Youth with respect to the regulation of surrogacy in this State; the detail of the proposed committee of the Houses of the Oireachtas that will be established to examine this matter; and if he will make a statement on the matter. [54896/21]

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Written answers

As the Deputy will be aware, drafting of a bill on assisted human reproduction (AHR) and associated areas of research is ongoing by officials in my Department, in conjunction with the Office of the Attorney General. This legislation encompasses the regulation for the first time of a wide range of practices undertaken in this jurisdiction, including domestic surrogacy.

Publication of the AHR Bill is a priority for my Department and the Government, and a commitment to enact this legislation is included in the Programme for Government, “Our Shared Future”. This Department will continue to engage intensively with the Office of the Attorney General in order to finalise this complex legislation. My Department engaged with the Department of Justice and the Department of Children, Equality, Disability, Integration and Youth on many aspects of the General Scheme of the Assisted Human Reproduction Bill, including in respect of domestic surrogacy, prior to its publication in October 2017, and this engagement has continued during the ongoing drafting process. The Joint Oireachtas Committee on Health published the report of its review of the General Scheme in July 2019, as part of the pre-legislative scrutiny process, which began in January 2018. The Committee made 11 main recommendations, which included proposals in relation to surrogacy, and these recommendations have also been taken into consideration as part of the drafting process.

Issues which arise from the undertaking of surrogacy arrangements in other jurisdictions concern areas of law that intersect across the remits of several Government Departments and require detailed examination. My Department is engaging with the Department of Justice and the Department of Children, Equality, Disability, Integration and Youth in respect of these matters as well. Overall, the provisions outlined within the Bill will ensure that AHR practices and related areas of research are conducted in a more consistent and standardised way and with the necessary oversight.

State Claims Agency

Questions (212, 245)

Carol Nolan

Question:

212. Deputy Carol Nolan asked the Minister for Health if he will request the State Claims Agency to provide details on the 94 incidents reported to same via the National Incident Management System between 1 January 2019 to 26 October 2021 which relate to the Health (Regulation of Termination of Pregnancy) Act 2018; and if he will make a statement on the matter. [54897/21]

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Carol Nolan

Question:

245. Deputy Carol Nolan asked the Minister for Health further to Parliamentary Question No. 897 of 2 November 2021, the breakdown of the 94 incidents reported to the State Claims Agency via the National Incident Management System related to the Health (Regulation of Termination of Pregnancy) Act 2018 by severity rating categorisation; and if he will make a statement on the matter. [55003/21]

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Written answers

I propose to take Questions Nos. 212 and 245 together.

The State Claims Agency hosts the National Incident Management System (NIMS) which is the principal source of national data on incident activity for the Irish public health service. Under the National Treasury Management Agency (Amendment) Act 2000 State authorities are obliged to report adverse incidents promptly to the State Claims Agency (SCA). This allows the SCA, in conjunction with State authorities, to identify and analyse developing trends and patterns and to work with the State authorities concerned to develop and implement risk mitigation strategies. It is also important in the investigation of any subsequent claim.

The State Claims Agency has informed that when incidents are reported to the National Incident Management System (NIMS) they are categorised by the reporting hospital according to the severity of the injury, ranging from negligible to extreme incidents. Over half of the incidents reported were reported as negligible or minor in severity, e.g., incidents related to documentation and communication. The remainder of the incidents were reported as moderate in severity, e.g., post-procedure complications.

State Claims Agency

Questions (213, 246)

Carol Nolan

Question:

213. Deputy Carol Nolan asked the Minister for Health if an updated report will be issued following on from the Clinical Incidents and Claims Report In Maternity and Gynaecology Services: A Five Year Review, 2010-2014, issued in October 2015 by the State Claims Agency; and if he will make a statement on the matter. [55005/21]

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Carol Nolan

Question:

246. Deputy Carol Nolan asked the Minister for Health if an updated report will be issued following on from the Clinical Incidents and Claims Report In Maternity and Gynaecology Services: A Five Year Review, 2010-2014, issued in October 2015; and if he will make a statement on the matter. [55004/21]

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Written answers

I propose to take Questions Nos. 213 and 246 together.

The State Claims Agency (SCA) has a statutory remit to manage personal injury claims on behalf of Delegated State Authorities including the Health Service Executive.

The State Claims Agency also hosts the National Incident Management System (NIMS) which is the principal source of national data on incident activity for the Irish public health service. Under the National Treasury Management Agency (Amendment) Act 2000 State authorities are obliged to report adverse incidents promptly to the State Claims Agency (SCA). This allows the SCA, in conjunction with State authorities, to identify and analyse developing trends and patterns and to work with the State authorities concerned to develop and implement risk mitigation strategies. It is also important in the investigation of any subsequent claim.

I have been informed by the SCA that a follow-up five year report on an Clinical Incidents and Claims in Maternity and Gynaecology Services is not planned. The SCA continues to analyse incidents and claims on an on-going basis.

Health Strategies

Questions (214)

Holly Cairns

Question:

214. Deputy Holly Cairns asked the Minister for Health the status of the new national stroke strategy and its associated implementation plan. [55181/21]

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Written answers

The Health Service Executive’s proposed National Stroke Strategy 2021-2026 has been clinically approved by the HSE Chief Clinical Officer Clinical Forum at its meeting in July 2021 and the HSE inform me that it will be reviewed by the HSE Executive Management Team at its meeting of 23rd November, 2021. This will inform the date for publication with regard to organisational strategy, planning and implementation.  Funding will also be considered in this context. 

Home Care Packages

Questions (215)

Gary Gannon

Question:

215. Deputy Gary Gannon asked the Minister for Health the rationale for home carers who are not from the EEC to be able to work in the private nursing home sector but not the home care service sector; and if he has had engagement with the home care service sector regarding this issue. [55233/21]

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Written answers

The Programme for Government (2020) commits to the introduction of “a statutory scheme to support people to live in their own homes, which will provide equitable access to high-quality, regulated home care.” The Department is in the process of developing a statutory scheme for the financing and regulation of home-support. The new scheme will provide equitable and transparent access to high-quality services based on a person’s assessed care-needs. 

In parallel with this, the Department has committed to establishing a Cross Departmental Strategic Workforce Advisory Group. The role of the group will be to facilitate the views of stakeholders and examine workforce challenges in home support and nursing homes. Potential areas to be considered include recruitment, retention, training, career development, and the sustainable employment of home care workers into the future.

Ireland operates a managed employment permits system maximising the benefits of economic migration and minimising the risk of disrupting Ireland’s labour market. The Critical Skills and Ineligible Occupations Lists are subject to twice-yearly review which is predicated on a formalised and evidence-based process which involves consideration of the research undertaken by the Skills and Labour Market Research Unit (Solas), the Expert Group of Future Skills Needs (EGFSN), the National Skills Council, and input by relevant Government Departments in addition to the public consultation phase.  Submissions to the review process are also considered by the Economic Migration Policy Interdepartmental Group chaired by the Department of Enterprise Trade and Employment and which includes the Department of Health. 

The most recent review of the occupation’s lists announced on 27th October and the preceding review, announced on 14 June did not recommend that home care workers be removed from the ineligible list. There is evidence of other factors driving the sector’s difficulty in attracting workers, such as the contracts of employment and terms and conditions being offered, failure to guarantee hours, and the lack of travel and subsistence payments. It is noted that in the submissions provided by the sector that approximately 75% of staff in home care roles are employed on a part-time basis.

Home care workers are currently on the Ineligible Occupations List and in order to have an occupation removed from the ineligible list, there needs to be a clear demonstration that recruitment difficulties are solely due to skills and labour shortages in Ireland and the EEA and not to other factors such as salary and/or employment conditions. 

Removing Home Care workers from the ineligible list will not address the workforce challenges in the home care sector.  A longer-term approach is required to address these challenges and my Department is committed to working with relevant stakeholders to seek to address these issues.

Medicinal Products

Questions (216)

Michael Ring

Question:

216. Deputy Michael Ring asked the Minister for Health the reason the drug cariban which is prescribed for patients with hyperemesis gravidarum is not included in the medical card scheme or the drugs payment scheme; if there are plans to include this drug on the two schemes; and if he will make a statement on the matter. [54786/21]

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Written answers

The Health Service Executive (HSE) has statutory responsibility for medicine pricing and reimbursement decisions, in accordance with the Health (Pricing and Supply of Medical Goods) Act 2013. The Minister for Health has no role in these decisions.

Under the legislation, there are formal processes which govern applications for the pricing and reimbursement of medicines and only licensed products are added to the formal GMS Reimbursement List.  Licensing a product requires the manufacturer to submit a dossier to either the European Medicines Agency or alternatively the Health Products Regulatory Authority in Ireland.

The HSE have advised that Cariban (doxylamine / pyridoxine) is an unlicensed product that is not reimbursable under GMS and Community Drug Schemes. Therefore, the HSE does not intend to reimburse Cariban under Community Drug Schemes or to review the clinical evidence for this unlicensed product.  

Hospital Appointments Status

Questions (217)

Pearse Doherty

Question:

217. Deputy Pearse Doherty asked the Minister for Health when a person (details supplied) will receive an appointment in Galway University Hospital for a kidney stone removal operation; and if he will make a statement on the matter. [54788/21]

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Written answers

Under 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.

In relation to the particular query raised, as this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Health Services Staff

Questions (218)

Seán Sherlock

Question:

218. Deputy Sean Sherlock asked the Minister for Health his views on the campaign for 100 extra neurology nurse specialists across Ireland (details supplied). [54790/21]

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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.

Hospital Services

Questions (219)

Darren O'Rourke

Question:

219. Deputy Darren O'Rourke asked the Minister for Health the reason that cardiac rehabilitation services in Our Lady’s Hospital, Navan have not yet been restored; when it is expected that cardiac rehabilitation services will be restored; and if he will make a statement on the matter. [54804/21]

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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.

Hospital Facilities

Questions (220)

Michael Ring

Question:

220. Deputy Michael Ring asked the Minister for Health if there are plans to expand the renal unit in Mayo University Hospital, Castlebar, County Mayo in view of the number of persons placed on the waiting list for treatment; and if he will make a statement on the matter. [54806/21]

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Written answers

Currently there are no formal plans to extend the Renal Unit in Mayo University Hospital.  However, the need for additional renal beds has been identified and will be incorporated into the site’s Development Control Plan which has been funded to progress in 2022.

The Renal Dialysis Unit was last upgraded at the end of 2013, increasing capacity from 11 to 15 beds. There is particularly high demand for renal services in Mayo and the hospital is working with the Saolta Group Medical Directorate to progress home therapies that will also assist in addressing this demand.

Hospital Facilities

Questions (221)

David Cullinane

Question:

221. Deputy David Cullinane asked the Minister for Health further to Parliamentary Question No. 538 of 12 October 2021, the location at which the 1,146 acute beds announced in budget 2021 have been or will be opened in 2021; the number at each location; the number opened in existing spaces; the number previously funded under one-off funding such as, but not limited to, the National Treatment Purchase Fund; and the number opened in new spaces, that is, new build by type of unit, for example, single occupancy, in tabular form. [54852/21]

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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.

Assisted Human Reproduction

Questions (222)

Cian O'Callaghan

Question:

222. Deputy Cian O'Callaghan asked the Minister for Health if he will legislate for international surrogacy as part of the proposed assisted human reproduction Bill; if so, when he will publish the legislation; if he will engage with key stakeholders (details supplied) on his proposals; and if he will make a statement on the matter. [54854/21]

View answer

Written answers

As the Deputy will be aware, drafting of a bill on assisted human reproduction (AHR) and associated areas of research is ongoing by officials in my Department, in conjunction with the Office of the Attorney General. This legislation encompasses the regulation for the first time of a wide range of practices undertaken in this jurisdiction, including domestic altruistic surrogacy.

Publication of the AHR Bill is a priority for my Department and the Government, and a commitment to enact this legislation is included in the Programme for Government, “Our Shared Future”. This Department will continue to engage intensively with the Office of the Attorney General in order to finalise this complex legislation. 

The draft Bill does not contain provisions to regulate surrogacy arrangements undertaken in other jurisdictions. Issues which arise from the undertaking of surrogacy arrangements in other jurisdictions concern areas of law that intersect across the remits of several Government Departments and require detailed examination. My Department is engaging with the Department of Justice and the Department of Children, Equality, Disability, Integration and Youth in respect of these matters. Officials in my Department have met on a number of occasions with different groups within the umbrella organisation to which you refer.   

Overall, the provisions outlined within the Bill will ensure that AHR practices and related areas of research are conducted in a more consistent and standardised way and with the necessary oversight.  

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