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Wednesday, 26 Jan 2022

Written Answers Nos. 144-162

Covid-19 Pandemic

Questions (144)

David Cullinane

Question:

144. Deputy David Cullinane asked the Minister for Health the categories of workers entitled to the pandemic recognition payment; the way this has been or will be determined; the way the term clinical Covid exposed environment will be applied; and if he will make a statement on the matter. [3648/22]

View answer

Written answers

Firstly I would like to extend my sincere gratitude to all healthcare workers for their efforts during this most challenging period.

In recognition of the efforts of the general public, volunteers and all workers during the COVID-19 pandemic and in remembrance of people who lost their lives due to the COVID-19 pandemic, on Wednesday 19 January last, the Government announced a once-off public holiday will take place on Friday 18 March 2022.

The Government also announced COVID-19 recognition payment for frontline public sector healthcare workers, to recognise their unique role during the pandemic. The payment of €1,000 will not be subject to income tax, USC, or PRSI. The measure will be ring fenced to staff ordinarily onsite in COVID-19 exposed healthcare environments within the period between 1 March 2020 and 30 June 2021. Those public sector frontline healthcare workers eligible for the payment will be directly employed public health sector staff working in clinical settings. A pro-rata arrangement will apply for eligible part time staff / equivalents and supernumerary students who were required to perform training in clinical sites.

The Department of Health will also introduce a measure for making a similar payment to staff in private sector nursing homes and hospices that were affected by Covid-19.

Concerning the terminology used, the Government decided that the measure, as will apply to frontline public sector and private nursing home / hospice workers, 'will be ring fenced to staff working ordinarily onsite in COVID-19 exposed healthcare environments within the period between 1 March 2020 and 30 June 2021. Eligibility will be based on the criteria used to identify those included in relevant vaccination [prioritization] sequence groups, inter alia this should cover frontline staff who were at increased risk in the course of performing their duties in a clinical setting – for the avoidance of doubt, where a person was working in such a setting, they are in scope'.

I would like to assure the Deputy that work is underway to ensure fairness in the application of this measure as the Government intended. The Department and the HSE are currently engaging in finalising arrangements to give effect to the Government announcement concerning the Recognition Payment. Full particulars, eligibility and terms and conditions that apply to this payment shall be made available shortly. It is important that this measure is applied fairly as intended and I welcome the work that is ongoing to ensure this is so.

There are many, many individuals in our country who did so much during the pandemic. I and the Government is sincerely grateful for this commitment but it is appropriate that these public sector frontline healthcare workers get particular recognition. They exposed themselves to particular COVID-19 risks that did not exist in other work environments or those working from home. I am also deeply appreciative of all those frontline workers who worked in our nursing homes and hospices during this pandemic and that they also get similar recognition.

Outside of the above recognition, the Government also notes that some private healthcare companies have recognised the work of their employees during the pandemic. I would encourage private healthcare companies that have not already done so to consider appropriate measures to recognise their own frontline workers for their work during this most trying period.

Covid-19 Pandemic

Questions (145)

Seán Sherlock

Question:

145. Deputy Sean Sherlock asked the Minister for Health if an organisation (details supplied) will qualify for the €1,000 Covid bonus. [3649/22]

View answer

Written answers

Firstly I would like to extend my sincere gratitude to all healthcare workers for their efforts during this most challenging period.

In recognition of the efforts of the general public, volunteers and all workers during the COVID-19 pandemic and in remembrance of people who lost their lives due to the COVID-19 pandemic, on Wednesday 19 January last, the Government announced a once-off public holiday will take place on Friday 18 March 2022.

The Government also announced COVID-19 recognition payment for frontline public sector healthcare workers, to recognise their unique role during the pandemic. The payment of €1,000 will not be subject to income tax, USC, or PRSI. The measure will be ring fenced to staff ordinarily onsite in COVID-19 exposed healthcare environments within the period between 1 March 2020 and 30 June 2021. Those public sector frontline healthcare workers eligible for the payment will be directly employed public health sector staff working in clinical settings. A pro-rata arrangement will apply for eligible part time staff / equivalents and supernumerary students who were required to perform training in clinical sites.

The Department of Health will also introduce a measure for making a similar payment to staff in private sector nursing homes and hospices that were affected by Covid-19.

I would like to assure the Deputy that work is underway to ensure fairness in the application of this measure as the Government intended. The Department and the HSE are currently engaging in finalising arrangements to give effect to the Government announcement concerning the Recognition Payment. Full particulars, eligibility and terms and conditions that apply to this payment shall be made available shortly. It is important that this measure is applied fairly as intended and I welcome the work that is ongoing to ensure this is so.

There are many, many individuals in our country who did so much during the pandemic. I and the Government is sincerely grateful for this commitment but it is appropriate that these public sector frontline healthcare workers get particular recognition. They exposed themselves to particular COVID-19 risks that did not exist in other work environments or those working from home. I am also deeply appreciative of all those frontline workers who worked in our nursing homes and hospices during this pandemic and that they also get similar recognition.

Outside of the above recognition, the Government also notes that some private healthcare companies have recognised the work of their employees during the pandemic. I would encourage private healthcare companies that have not already done so to consider appropriate measures to recognise their own frontline workers for their work during this most trying period.

Health Services Staff

Questions (146, 175)

David Cullinane

Question:

146. Deputy David Cullinane asked the Minister for Health if he will address a matter raised in correspondence by a person (details supplied); and if he will make a statement on the matter. [3660/22]

View answer

Róisín Shortall

Question:

175. Deputy Róisín Shortall asked the Minister for Health if his attention has been drawn to a case (details supplied); his views on the policy which prohibits the investigation of complaints against medical practitioners who have withdrawn from the register of medical practitioners; if he plans to amend the legislation to permit the investigation of medical practitioners; and if he will make a statement on the matter. [3803/22]

View answer

Written answers

I propose to take Questions Nos. 146 and 175 together.

The objective of the Medical Practitioners Act 2007 is to better protect and inform the public in its dealings with medical practitioners in the State. Pursuant to the Act, the Medical Council is the body responsible for the regulation of registered medical practitioners. The Minister does not have a role in relation to individual complaints received by the Medical Council and you will appreciate does not comment on specific cases or take a position on matters before the courts.

Section 52 of the Act provides for the procedures for a registered medical practitioner to apply to have his or her name removed from the register such that that person may no longer practise in the State. Section 52 prescribes the circumstances under which that removal can happen. The Regulated Professions (Health and Social Care) (Amendment) Act 2020, includes a provision which is yet to be commenced, amending section 52(3) to state that the Council may consider applications by registered medical practitioners who are the subject of a complaint which has not been disposed of or otherwise dealt with under the Act, “if the Council is satisfied that the removal of the practitioner’s registration would not be contrary to the public interest”.

The rationale for this amendment was to deal with a small cohort of cases where the Council is satisfied that the removal of the practitioner’s registration would not be contrary to the public interest – this might include, for example (but is not limited to), a registrant against whom a complaint has been opened due to the fact that s/he is subject to disciplinary proceedings in another jurisdiction, who may have never practised in this jurisdiction and may never intend to practise in this jurisdiction.

Department officials are considering the High Court Judicial Review decision ([2021] IEHC 776) referenced in the Deputy’s correspondence and any implications arising from that judgment, including whether any additional measures are required for the protection of the public.

Covid-19 Tests

Questions (147)

Michael Ring

Question:

147. Deputy Michael Ring asked the Minister for Health if the costs of antigen tests will be reimbursed for persons over the age of 39 years; and if he will make a statement on the matter. [3663/22]

View answer

Written answers

The evidence relating to the detection of COVID-19, and the actions deemed appropriate to mitigate the impact of the virus across the population, are kept under continuing review by the National Public Health Emergency Team (NPHET), the Department of Health and by the Government.

There is very significant demand on the HSE to support those testing programmes identified as public health priorities. It is likely that demand for testing for public health purposes will remain high in the coming period, particularly given the very high current infection rates in the community and the impacts arising in relation to Omicron.

In addition to running a very comprehensive community PCR testing programme, a number of serial testing PCR programmes, and PCR testing in acute hospital services, the HSE, under the guidance and direction of NPHET and the Department of Health operates a number of programmes involving supply of antigen tests, free of charge, to participants. The HSE focus is on supporting programmes with a clearly defined public health purpose. These programmes involve supply of antigen tests, free of charge, to all symptomatic persons aged from 4 to 39; to close contacts, of all ages, of confirmed cases; supporting the Department of Education in supplying antigen tests to children in primary schools as part of a pod in which there was a confirmed case of COVID-19; supporting the Department of Agriculture in the antigen testing programme in food processing facilities and for use for specific indications in the acute hospital setting, and as part of the response to outbreaks in community settings, supported by appropriate clinical governance and operational arrangements. While the focus remains on supporting those programmes with a clearly defined public health purpose, the HSE is also required to prioritise the available stock, supply chain and operational capacity in supporting these ongoing programmes and on continuing the national testing programme for public health reasons.

More widely, the Government’s objective has been to ensure the widespread availability of antigen tests, that are CE marked for self-testing, at an affordable price level, for those people who wish to purchase their own. Following engagement by relevant Government Departments with leading retailers and wholesalers, there is increased competition in the market and the retail price of many of the available antigen tests for consumers are more affordable. While there is increasing competition in the international supply chain, the Government continues to keep affordability low with the implementation of a zero VAT rate for all Covid-19 test kits and ongoing review regarding availability.

A comprehensive, cross-Government communications campaign on the appropriate use of antigen tests, to ensure there is clear message to the general public on when and how they should be used has also been launched and guidance material has been published on the HSE website and on gov.ie. The HPSC has also published rapid antigen testing programme guidance.

The role of testing and contact tracing and public health advice relating to face masks, as part of the wider public health response, has been under ongoing review throughout the pandemic and will continue to be reviewed and amended in line with the epidemiological profile of the disease, its impact on healthcare utilisation and outcomes, the vaccination status of the population and ECDC guidance.

Covid-19 Pandemic

Questions (148)

Michael Ring

Question:

148. Deputy Michael Ring asked the Minister for Health if HSE administrative staff who worked on-site in clinical settings during the pandemic will be eligible for the once off €1,000 tax free payment (details supplied); and if he will make a statement on the matter. [3664/22]

View answer

Written answers

Firstly I would like to extend my sincere gratitude to all healthcare workers for their efforts during this most challenging period.

In recognition of the efforts of the general public, volunteers and all workers during the COVID-19 pandemic and in remembrance of people who lost their lives due to the COVID-19 pandemic, on Wednesday 19 January last, the Government announced a once-off public holiday will take place on Friday 18 March 2022.

The Government also announced COVID-19 recognition payment for frontline public sector healthcare workers, to recognise their unique role during the pandemic. The payment of €1,000 will not be subject to income tax, USC, or PRSI. The measure will be ring fenced to staff ordinarily onsite in COVID-19 exposed healthcare environments within the period between 1 March 2020 and 30 June 2021. Those public sector frontline healthcare workers eligible for the payment will be directly employed public health sector staff working in clinical settings. A pro-rata arrangement will apply for eligible part time staff / equivalents and supernumerary students who were required to perform training in clinical sites.

The Department of Health will also introduce a measure for making a similar payment to staff in private sector nursing homes and hospices that were affected by Covid-19.

I would like to assure the Deputy that work is underway to ensure fairness in the application of this measure as the Government intended. The Department and the HSE are currently engaging in finalising arrangements to give effect to the Government announcement concerning the Recognition Payment. Full particulars, eligibility and terms and conditions that apply to this payment shall be made available shortly. It is important that this measure is applied fairly as intended and I welcome the work that is ongoing to ensure this is so.

There are many, many individuals in our country who did so much during the pandemic. I and the Government is sincerely grateful for this commitment but it is appropriate that these public sector frontline healthcare workers get particular recognition. They exposed themselves to particular COVID-19 risks that did not exist in other work environments or those working from home. I am also deeply appreciative of all those frontline workers who worked in our nursing homes and hospices during this pandemic and that they also get similar recognition.

Outside of the above recognition, the Government also notes that some private healthcare companies have recognised the work of their employees during the pandemic. I would encourage private healthcare companies that have not already done so to consider appropriate measures to recognise their own frontline workers for their work during this most trying period.

Hospital Staff

Questions (149)

Brendan Griffin

Question:

149. Deputy Brendan Griffin asked the Minister for Health if he will address a matter regarding the need for neurology nurses at Cork University Hospital (details supplied); and if he will make a statement on the matter. [3673/22]

View answer

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.

Disability Services

Questions (150)

Claire Kerrane

Question:

150. Deputy Claire Kerrane asked the Minister for Health the funding for play therapy and counselling that is available to schools in counties Roscommon and Galway; and if he will make a statement on the matter. [3680/22]

View answer

Written answers

I wish to advise the Deputy that funding for play therapy and counselling that is available to schools in counties Roscommon and Galway would be a matter for the Department of Education and Skills.

Mental Health Services

Questions (151)

Claire Kerrane

Question:

151. Deputy Claire Kerrane asked the Minister for Health the funding available in counties Roscommon and Galway to provide mental health services for the Traveller community including funding for child focused supports; and if he will make a statement on the matter. [3681/22]

View answer

Written answers

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

Covid-19 Pandemic

Questions (152)

Michael Ring

Question:

152. Deputy Michael Ring asked the Minister for Health if the €1,000 once-off payment will be available to public health nurses; and if he will make a statement on the matter. [3682/22]

View answer

Written answers

Firstly I would like to extend my sincere gratitude to all healthcare workers for their efforts during this most challenging period.

In recognition of the efforts of the general public, volunteers and all workers during the COVID-19 pandemic and in remembrance of people who lost their lives due to the COVID-19 pandemic, on Wednesday 19 January last, the Government announced a once-off public holiday will take place on Friday 18 March 2022.

The Government also announced COVID-19 recognition payment for frontline public sector healthcare workers, to recognise their unique role during the pandemic. The payment of €1,000 will not be subject to income tax, USC, or PRSI. The measure will be ring fenced to staff ordinarily onsite in COVID-19 exposed healthcare environments within the period between 1 March 2020 and 30 June 2021. Those public sector frontline healthcare workers eligible for the payment will be directly employed public health sector staff working in clinical settings. A pro-rata arrangement will apply for eligible part time staff / equivalents and supernumerary students who were required to perform training in clinical sites.

The Department of Health will also introduce a measure for making a similar payment to staff in private sector nursing homes and hospices that were affected by Covid-19.

I would like to assure the Deputy that work is underway to ensure fairness in the application of this measure as the Government intended. The Department and the HSE are currently engaging in finalising arrangements to give effect to the Government announcement concerning the Recognition Payment. Full particulars, eligibility and terms and conditions that apply to this payment shall be made available shortly. It is important that this measure is applied fairly as intended and I welcome the work that is ongoing to ensure this is so.

There are many, many individuals in our country who did so much during the pandemic. I and the Government is sincerely grateful for this commitment but it is appropriate that these public sector frontline healthcare workers get particular recognition. They exposed themselves to particular COVID-19 risks that did not exist in other work environments or those working from home. I am also deeply appreciative of all those frontline workers who worked in our nursing homes and hospices during this pandemic and that they also get similar recognition.

Outside of the above recognition, the Government also notes that some private healthcare companies have recognised the work of their employees during the pandemic. I would encourage private healthcare companies that have not already done so to consider appropriate measures to recognise their own frontline workers for their work during this most trying period.

Departmental Contracts

Questions (153)

Carol Nolan

Question:

153. Deputy Carol Nolan asked the Minister for Health the efforts his Department has taken to recover the contract between his Department, a private company (details supplied) and the HSE; if no such steps have been taken, the reason for same; and if he will make a statement on the matter. [3683/22]

View answer

Written answers

The ICT team in my Department were asked to assist in the further investigation into the existence of all records relating to this matter, as a matter of urgency. While you are aware that the ransomware cyber-attack had a temporary impact on the availability of some of the Department’s ICT platforms, the information that was made public stating records had been “lost” was inaccurate and was sent to an external stakeholder in error. This investigation has now resulted in additional records becoming available.

Due to the extreme urgency brought about by the unforeseen circumstances pertaining to the global pandemic, the widespread dissemination of vaccine mis and disinformation, and the speed with which Ireland’s COVID-19 Vaccination Programme was rolled out, it was necessary to procure this service with Kinzen outside of normal tendering processes alongside a number of non-competitive contracts that were required to be implemented as a direct response to the COVID-19 pandemic.

EU Directives provide legitimate reasons for awarding contracts non-competitively, such as extreme urgency brought about by unforeseeable events.

Details of all contracts awarded by the Department that exceed a value of €25,000 excluding VAT, and which were not subject to a competitive tendering process are subject to further scrutiny under the Annual Return filed by the Department to the Comptroller and Auditor General in respect of Department of Finance Circular 40/2002. The returns under this Circular for 2021 are required to be submitted to the Comptroller and Auditor General by 31st March 2022.

The work my Department and the HSE did with Kinzen added real value to Ireland’s COVID-19 Vaccination Programme, and as you are aware, Ireland has one of the highest rates of vaccination uptake in the world. This is thanks to the extraordinary communications and public engagement campaign that was spearheaded by this Department and by the HSE and informed by the important function Kinzen provided.

Employment Rights

Questions (154)

Brendan Griffin

Question:

154. Deputy Brendan Griffin asked the Minister for Health his views on a matter raised in correspondence (details supplied) regarding leave following a miscarriage and for those going through fertility treatment; and if he will make a statement on the matter. [3684/22]

View answer

Written answers

Although my officials are currently finalising the drafting of a bill on assisted human reproduction and associated areas of research which encompasses the regulation for the first time of a wide range of practices undertaken in this jurisdiction, it will not include provisions in respect of statutory leave. Responsibility for various forms of family-related leave comes under the remit of the Minister for Children, Equality, Disability, Integration & Youth and that Department has informed my officials that legislative changes in respect of all forms of family leave must be developed in the context of the broader legal situation concerning parentage or pertaining to any other relevant issue. In relation to the issue of leave following a miscarriage, I understand that the Department of Children, Equality, Disability, Integration & Youth is in the process of commissioning a qualitative research study to examine existing workplace supports available to employees dealing with pregnancy loss and the Department of Social Protection is conducting a review of the legislation relating to the registration of stillbirths. Finally, the Department of Enterprise, Trade and Employment is leading the response to the Private Member's Bill referenced, the Organisation of Working Time (Reproductive Health Related Leave) Bill 2021, but the Government has agreed that the Organisation of Working Time Act is not the appropriate legislation for progressing these types of proposals and a discrete piece of new legislation would be more suitable.

Disability Services

Questions (155)

Paul Donnelly

Question:

155. Deputy Paul Donnelly asked the Minister for Health if all adult disability day services will be open to full capacity when Covid-19 restrictions are lifted or reduced. [3685/22]

View answer

Written answers

Adult day services across the country reopened at full capacity on October 22nd 2021, in line with the government's COVID 19 response ‘Reframing the Challenge’ roadmap for the lifting of restrictions.

Regular updates on the resumption of adult day services for service users and family members have been available via the HSE's website.

In addition, all residential service users that received their day service at a location pre-COVID should now have resumed location-based day service supports.

Infection prevention and control measures that have been introduced to support the safe delivery of adult disability day services since the onset of COVID 19 currently remain in place. These arrangements include risk assessments, enhanced environmental hygiene, and pod like arrangements in day service locations. Mask wearing will remain in place in day services, except for those who are exempt from wearing a face covering.

Since day services reopened after the Christmas break on January 4th 2022, the HSE has been closely monitoring the impact of the current COVID surge in the operation and delivery of disability day services. There are some staff shortages in day services due to staff being COVID positive or a COVID close contact. This has led to some day services operating at reduced levels or having to close for the period of staff quarantine/sick leave. There are also shortages within residential services, and some day service staff have been redeployed to cover residential staff rosters.

The HSE continue to monitor the situation and the priority of the HSE and the Department remains the safe provision of adult day services.

Covid-19 Pandemic

Questions (156)

Paul Donnelly

Question:

156. Deputy Paul Donnelly asked the Minister for Health if front-line workers that previously worked in community projects, drug taskforces and so on and that were seconded into the HSE during the Covid-19 pandemic will receive the €1,000 once-off bonus. [3691/22]

View answer

Written answers

Firstly I would like to extend my sincere gratitude to all healthcare workers for their efforts during this most challenging period.

In recognition of the efforts of the general public, volunteers and all workers during the COVID-19 pandemic and in remembrance of people who lost their lives due to the COVID-19 pandemic, on Wednesday 19 January last, the Government announced a once-off public holiday will take place on Friday 18 March 2022.

The Government also announced COVID-19 recognition payment for frontline public sector healthcare workers, to recognise their unique role during the pandemic. The payment of €1,000 will not be subject to income tax, USC, or PRSI. The measure will be ring fenced to staff ordinarily onsite in COVID-19 exposed healthcare environments within the period between 1 March 2020 and 30 June 2021. Those public sector frontline healthcare workers eligible for the payment will be directly employed public health sector staff working in clinical settings. A pro-rata arrangement will apply for eligible part time staff / equivalents and supernumerary students who were required to perform training in clinical sites.

The Department of Health will also introduce a measure for making a similar payment to staff in private sector nursing homes and hospices that were affected by Covid-19.

I would like to assure the Deputy that work is underway to ensure fairness in the application of this measure as the Government intended. The Department and the HSE are currently engaging in finalising arrangements to give effect to the Government announcement concerning the Recognition Payment. Full particulars, eligibility and terms and conditions that apply to this payment shall be made available shortly. It is important that this measure is applied fairly as intended and I welcome the work that is ongoing to ensure this is so.

There are many, many individuals in our country who did so much during the pandemic. I and the Government is sincerely grateful for this commitment but it is appropriate that these public sector frontline healthcare workers get particular recognition. They exposed themselves to particular COVID-19 risks that did not exist in other work environments or those working from home. I am also deeply appreciative of all those frontline workers who worked in our nursing homes and hospices during this pandemic and that they also get similar recognition.

Outside of the above recognition, the Government also notes that some private healthcare companies have recognised the work of their employees during the pandemic. I would encourage private healthcare companies that have not already done so to consider appropriate measures to recognise their own frontline workers for their work during this most trying period.

Covid-19 Pandemic

Questions (157)

Niamh Smyth

Question:

157. Deputy Niamh Smyth asked the Minister for Health if he will review correspondence (details supplied) regarding the once-off €1,000 bonus for healthcare workers; and if he will make a statement on the matter. [3703/22]

View answer

Written answers

Firstly I would like to extend my sincere gratitude to all healthcare workers for their efforts during this most challenging period.

In recognition of the efforts of the general public, volunteers and all workers during the COVID-19 pandemic and in remembrance of people who lost their lives due to the COVID-19 pandemic, on Wednesday 19 January last, the Government announced a once-off public holiday will take place on Friday 18 March 2022.

The Government also announced COVID-19 recognition payment for frontline public sector healthcare workers, to recognise their unique role during the pandemic. The payment of €1,000 will not be subject to income tax, USC, or PRSI. The measure will be ring fenced to staff ordinarily onsite in COVID-19 exposed healthcare environments within the period between 1 March 2020 and 30 June 2021. Those public sector frontline healthcare workers eligible for the payment will be directly employed public health sector staff working in clinical settings. A pro-rata arrangement will apply for eligible part time staff / equivalents and supernumerary students who were required to perform training in clinical sites.

The Department of Health will also introduce a measure for making a similar payment to staff in private sector nursing homes and hospices that were affected by Covid-19.

I would like to assure the Deputy that work is underway to ensure fairness in the application of this measure as the Government intended. The Department and the HSE are currently engaging in finalising arrangements to give effect to the Government announcement concerning the Recognition Payment. Full particulars, eligibility and terms and conditions that apply to this payment shall be made available shortly. It is important that this measure is applied fairly as intended and I welcome the work that is ongoing to ensure this is so.

There are many, many individuals in our country who did so much during the pandemic. I and the Government is sincerely grateful for this commitment but it is appropriate that these public sector frontline healthcare workers get particular recognition. They exposed themselves to particular COVID-19 risks that did not exist in other work environments or those working from home. I am also deeply appreciative of all those frontline workers who worked in our nursing homes and hospices during this pandemic and that they also get similar recognition.

Outside of the above recognition, the Government also notes that some private healthcare companies have recognised the work of their employees during the pandemic. I would encourage private healthcare companies that have not already done so to consider appropriate measures to recognise their own frontline workers for their work during this most trying period.

Primary Care Centres

Questions (158)

Thomas Pringle

Question:

158. Deputy Thomas Pringle asked the Minister for Health when the new primary healthcare centre that has been built in Donegal town will be fully operational and receiving patients; the reason for the delay in the facility being opened; and if he will make a statement on the matter. [3704/22]

View answer

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.

Medical Aids and Appliances

Questions (159)

David Cullinane

Question:

159. Deputy David Cullinane asked the Minister for Health the reason that he sought Government approval to delegate product liability claims in relation to mesh implants to the State Claims Agency; the effect this will have on ongoing litigation; and if he will make a statement on the matter. [3706/22]

View answer

Written answers

Firstly I want to acknowledge the pain and suffering of people impacted by mesh complications. Given that there are legal proceedings ongoing I do not wish to comment unduly on these cases.

The delegation of mesh claims to the State Claims Agency (SCA) is a technical matter that will not impact on how these claims are handled. The SCA has a statutory remit to manage personal injury claims on behalf of Delegated State Authorities including the Health Service Executive. The Clinical Indemnity Scheme (CIS) indemnifies hospitals (HSE and Voluntaries) in respect of clinical negligence actions against those hospitals by persons alleging personal injuries resulting from such negligence. CIS cover is confined to clinical acts and/or omissions and does not cover product liability exposures, i.e., where the personal injury is alleged to have occurred as a result of a product not being fit for purpose etc.

The Transvaginal Mesh litigation, currently being handled by the Agency, involves allegations in relation to the product itself (the mesh, tape etc.) and allegations of clinical negligence i.e., practitioner error/faulty surgical technique. The CIS indemnifies the hospital in respect of alleged practitioner error, but it does not indemnify the hospital in respect of any product liability exposure that the hospital might have i.e., allegations that the product failed or was not fit for purpose.

The State Claims Agency manages general indemnity claims, in named State authorities, as provided for in Delegation Orders under the National Treasury Management Act, under a Scheme known as the General Indemnity Scheme (GIS). Delegating the management of claims to the SCA ensures the efficient and effective management of claims and removes duplication of effort and legal costs where multiple State Authorities are defending a claim. Such claims relate to personal injuries, including bullying and harassment and third-party property damage claims, and their associated risks, against State authorities. Mass action claims and claims relating to product liability, where the latter have been specifically delegated to the SCA, are also dealt with under the GIS.

An indemnity issue has arisen in some hospitals and in a minority of ‘Mesh’ claims where the product manufacturer cannot be identified due to the relevant hospital charts not containing device/product labels. The Liability for Defective Products Act, 1991 states that where the manufacturer/producer of the product cannot be identified by taking reasonable steps, the supplier of the product (in this case, the hospital) is at risk of being found to be the producer of the product. Put simply, this means that the hospital could potentially be responsible for the product liability aspect of the “mesh” claim. As hospitals do not carry product liability cover, these hospitals could have an uninsured/un-indemnified liability exposure in the circumstances described above. Such a situation would benefit neither the hospital nor the claimant, and so I have acted to ensure that it does not arise.

In order to ensure that hospitals are not exposed to an uninsured liability and the financial exposure consequent upon that, Government agreed to the provision of general indemnity cover for the product liability elements of claims and the delegation of their management to the SCA, in a minority of cases where the manufacturer cannot be identified. This decision does not change the practical position with regard to the HSE - the SCA have been managing these claims to date, on behalf of the HSE on an administrative basis.

Medical Aids and Appliances

Questions (160)

David Cullinane

Question:

160. Deputy David Cullinane asked the Minister for Health the additional actions he plans to take to provide redress for mesh-injured persons; and if he will make a statement on the matter. [3707/22]

View answer

Written answers

I understand that complications from a mesh implant can be very distressing and painful for the women experiencing them. Since concerns about mesh complications came to the attention of the Department in late 2017, the ongoing priority focus for both the Department and the HSE has been to meet the care needs of women experiencing mesh complications.

Considerable work has been done and continues to progress in Ireland in relation to the safe use of mesh implants and ensuring that all women who develop mesh-related complications receive high quality, multi-disciplinary and patient-centred care is a priority for the Minister and the Department.

Regarding steps taken to improve services in Ireland, multidisciplinary specialist services, including trans-labial scanning facilities, are now available for women suffering from mesh complications through a national multidisciplinary mesh specialist service which was established in 2020 across two centres, Cork University Maternity Hospital and the National Maternity Hospital, Dublin. These centres also have two National Mesh administrators, based in each centre, available to assist patients with their appointments and navigate the service.

Women's health is a Government priority, as outlined in the Programme for Government. Budget 2022 and the HSE National Service Plan 2022 provide significant investment in services that are important to women, including gynaecology services. A Women’s Health Fund is also provided for, which will support proposals arising from the work of the Women’s Health Taskforce to improve women’s health outcomes and experiences of healthcare.

Hospital Waiting Lists

Questions (161)

David Cullinane

Question:

161. Deputy David Cullinane asked the Minister for Health the estimated timeframe it will take to reduce waiting lists to a reasonable level and tackle the healthcare backlog; and if he will make a statement on the matter. [3711/22]

View answer

Written answers

My Department, the HSE and the National Treatment Purchase Fund (NTPF) are working on initiating a comprehensive reform programme that will deliver a Multi Annual Waiting List Plan to address waiting lists and bring them in line with Sláintecare targets over the coming years. This process will be overseen by a Ministerial Taskforce chaired by the Secretary General of my Department and will include representatives from the HSE and NTPF. The process and plan will be informed by the lessons and achievements of the COVID-19 Vaccination Programme and Taskforce. It will also build upon the recent successful delivery of the Acute Waiting List Action Plan and associated oversight forum, chaired by the Secretary General and with membership from my Department, the HSE and the NTPF, that has been in place since October 2021. A 2022 Waiting List Action Plan is currently being developed under the auspices of this oversight forum which will include waiting list and waiting time targets. This will form the first stage of the Multi Annual Waiting List Plan.

Hospital Waiting Lists

Questions (162)

David Cullinane

Question:

162. Deputy David Cullinane asked the Minister for Health when he plans to bring forward legislation to implement statutory waiting time targets as recommended in the Sláintecare report; and if he will make a statement on the matter. [3712/22]

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Written answers

My Department, the HSE and the National Treatment Purchase Fund (NTPF) are working on initiating a comprehensive reform programme that will deliver a Multi Annual Waiting List Plan to address waiting lists and bring them in line with Sláintecare targets over the coming years. This process will be overseen by a Ministerial Taskforce chaired by the Secretary General of my Department and will include representatives from the HSE and NTPF. The process and plan will be informed by the lessons and achievements of the COVID-19 Vaccination Programme and Taskforce. It will also build upon the recent successful delivery of the Acute Waiting List Action Plan and associated oversight forum, chaired by the Secretary General and with membership from my Department, the HSE and the NTPF, that has been in place since October 2021. A 2022 Waiting List Action Plan is currently being developed under the auspices of this oversight forum, which will include waiting time targets. This will form the first stage of the Multi Annual Waiting List Plan.

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