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Thursday, 15 Sep 2022

Written Answers Nos. 270-290

Further and Higher Education

Questions (270)

Paul Murphy

Question:

270. Deputy Paul Murphy asked the Minister for Further and Higher Education, Research, Innovation and Science the estimated full-year cost to the Exchequer of adding an additional 250 nursing and midwifery undergraduate places. [45290/22]

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Written answers

My Department allocates funding to the Higher Education Authority (HEA) for direct disbursement to designated Higher Education Institutions (HEIs). The HEA provides block grant funding to the Higher Education Sector, from within the allocation available, through the Recurrent Grant Allocation Model (RGAM) which is driven by overall student numbers. The grant is allocated as a block grant as a contribution towards teaching, research and supporting activities. The internal allocation is a matter for each institution.

It is also important to note that HEIs are autonomous bodies as set out in legislation, as such the management of the academic affairs, including the curriculum and instruction and education provided are generally matters for the relevant institution, In this regard it is open to individual institutions to increase the number of nursing and midwifery undergraduate places without an increased cost to the Exchequer necessarily arising.

As the deputy will appreciate the costs incurred by a Higher Education Institution in increasing student places on a particular course can vary depending on a variety of factors including the type of course and the individual circumstances of the relevant Higher Education Institution. The addition of 250 places in a specific course would require a specific engagement with the sector to provide such courses and it is therefore not possible to definitively calculate the costs sought.

To provide the Deputy with an indication of the potential costs associated with increased places the HEA have provided the attached spreadsheet detailing estimated costs based on existing levels of funding provided by the HEA towards such places.

Please note the following:

- The attached represents the estimated additional cost to the HEA (excluding the €3,000 student contribution – some students may be eligible to have this paid under SUSI) using an average cost of €8,000 per student per year.

- The attached excludes any rostered placements salaries– the costs of this fall on the Dept Health /HSE.

- There may be other costs that fall to the Dept Health/HSE.

- The attached shows just the cost for one cohort of an additional 250 nursing students.

costs

Departmental Staff

Questions (271)

Denis Naughten

Question:

271. Deputy Denis Naughten asked the Minister for Further and Higher Education, Research, Innovation and Science the number of persons within his Department who received the special leave with pay for Covid-19 up to 1 July 2022; the number of workers who have availed of this payment for an extended period of 12 weeks or more; the number of persons who availed of the special leave with pay for COVID-19 since 1 July 2022; the number of such persons who have been in receipt of this payment in excess of 14 days; and if he will make a statement on the matter. [45319/22]

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Written answers

The information requested by the Deputy is set out in the attached tabular statement.

CovidLeave

Further and Higher Education

Questions (272)

Bernard Durkan

Question:

272. Deputy Bernard J. Durkan asked the Minister for Further and Higher Education, Research, Innovation and Science if an application for a higher education grant will be reviewed in the case of a person (details supplied) who has been accepted to Maynooth College and whose family have ongoing medical bills as a result of Covid-19 causing ongoing hardship; and if he will make a statement on the matter. [45362/22]

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Written answers

The main support available to students is the statutory based Student Grant Scheme where students are studying for the first time or are progressing to study at a higher level. The decision on eligibility for a student grant is a matter, in the first instance, for the centralised student grant awarding authority SUSI (Student Universal Support Ireland) to determine.

With regard to the specific application, I have been advised by my officials that the student in question submitted an application to SUSI on 8th July 2022. The application proceeded through the assessment process and the reckonable income was found to be over the threshold for grant assistance. A change of circumstance was declared by the student. Further documentation was requested from the applicant on 15th and 30th August 2022. SUSI reviewed the application based on the projected 2022 income however the outcome had no impact on SUSI’S earlier decision.

As of 13th September 2022 no request for an Internal Review of Notice of Appeal has been received from the student by SUSI.

Where an individual applicant has had an appeal turned down in writing by SUSI and remains of the view that the scheme has not been interpreted correctly in his/her case, an appeal may be submitted to the independent Student Grants Appeals Board within the required timeframe. Such appeals can be made by the appellant on line via www.studentgrantappeals.ie

However, article 32 of the Student Grant Scheme 2022 provides for a review of eligibility for the award of a grant in the event of a change of circumstances in the academic year. Where a student experiences a change of circumstances during the course of their studies, he/she may apply to SUSI to have his/her application re-assessed at helpdesk@SUSI.ie quoting Internal Review in the Subject line.

This Department also provides funding for the Student Assistance Fund (SAF). The fund is available in various publicly funded higher education institutions. The SAF provides financial assistance to students experiencing financial difficulties while attending third level. Students can be assisted towards their rent, childcare costs, transport costs and books/class materials.

The SAF is open to both full and part-time registered students on courses of not less than one year's duration leading to an undergraduate or postgraduate qualification. Further details of the fund is available from the Access Office in the higher education institution attended. Further information on the SAF is available at www.studentfinance.ie.

Further and Higher Education

Questions (273)

Michael Ring

Question:

273. Deputy Michael Ring asked the Minister for Further and Higher Education, Research, Innovation and Science the reason that a student (details supplied) who achieved 31 points more than their first choice for college was not offered any course in the first round of offers; and if he will make a statement on the matter. [45394/22]

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Written answers

Higher Education Institutions determine their own procedures for admission. The CAO process applications for undergraduate, and some postgraduate, courses on their behalf.

Decisions on admissions are made by the Higher Education Institutions who then instruct the CAO to make offers to successful candidates. Neither I nor my Department have a role in the operation of the CAO and it is not within my remit to intervene in individual cases.

If an applicant achieves the necessary points for a course but does not receive an offer this is either because they did not attain the minimum entry requirements for that course, or because an error in their CAO application such as a missing exam number prevented their Leaving Certificate results from being associated with their CAO application.

Where the CAO is notified of an error in an application after Round One offers have issued, they update the account information and ask the higher education institutions to consider them for Round Two. The higher education institutions will then do their best to accommodate applicants with offers in the next available round. It is vital that the CAO is informed of such an error as quickly as possible.

I appreciate that it can be quite upsetting for an applicant to realise their examination information was incorrect, and it is my understanding that every effort is made by CAO and the higher education institutions to facilitate such applicants in the next round of offers.

If the issue is not resolved the applicant’s satisfaction, the option to appeal is available. The CAO has an Independent Appeals Commission, to which recourse may be had by applicants who believe that they have been treated unfairly by CAO, and whose complaints have not been resolved by CAO. The function of the Appeals Commission is to ensure that the rules are applied fairly.

Further and Higher Education

Questions (274)

Patrick Costello

Question:

274. Deputy Patrick Costello asked the Minister for Further and Higher Education, Research, Innovation and Science further to Parliamentary Question No. 1310 of 8 September 2022, if community training centres will be given the opportunity to input into the Operational Guidelines Working Group; and if he will make a statement on the matter. [45396/22]

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Written answers

The Operational Guidelines Working Group (OGWG) is a sub-group of the Directors of Further Education and Training (FET) Forum served by six staff from the Education and Training Boards (ETBs). The remit of the OGWG is to review the operational guidelines applying to Community Training Centres, Specialist Training Provision and Local Training Initiatives within the FET Sector. My officials have confirmed with ETBI that the OGWG will facilitate consultation and engagement with national stakeholders and explore, clarify and resolve specific issues that may arise. Relevant stakeholders will be invited to join the group and ETBs will facilitate local engagement with stakeholders.

Road Traffic Accidents

Questions (275)

Duncan Smith

Question:

275. Deputy Duncan Smith asked the Minister for Justice the service level agreement that is in place between the An Garda Síochána and the Road Safety Authority regarding the provision of data on fatal road collisions. [45221/22]

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Written answers

I have contacted An Garda Síochána for the information requested by the Deputy, regretfully this information was not available in time. I will write to the Deputy once the information is to hand.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 275 of 15 September 2022 where you asked for:
“The service level agreement that is in place between the An Garda Síochána and the Road Safety Authority regarding the provision of data on fatal road collisions.”
As you will recall, I sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand.
As you will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána. As Minister, I have no direct role in these matters.
I am informed that the Garda authorities provide a daily return to the Road Safety Authority in respect of Fatal Road Traffic collision data.
I am further advised that An Garda Síochána are currently working with their partner agency to deliver Action 20 Government Road Safety Strategy 2021 – 2030:
“Develop a mechanism to capture data on the contributory factors (e.g. speed, fatigue, intoxicants and mobile phone use) to serious injury road traffic collisions on an annual basis”.
It is expected that the above action will be delivered in Quarter 4 2022.

Legislative Measures

Questions (276)

Noel Grealish

Question:

276. Deputy Noel Grealish asked the Minister for Justice the expected publication date of the Courts and Civil Law (Miscellaneous Provisions) Bill 2022; and if she will make a statement on the matter. [45226/22]

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Written answers

The Courts and Civil Law (Miscellaneous Provisions) Bill 2022 was published on 13 September. The purpose of this Bill is to fulfil the commitment to statutory reforms outlined in the Department of Justice’s 2021 Action Plan under Action 69 to ‘progress the centralisation and automation of court offices and processes through the publication of the Courts and Civil Law (Miscellaneous Provisions) Bill’.

The Bill also provides for a number of other important matters. The Office of Parliamentary Counsel, working with my Department, will continue to draft a number of other important amendments as agreed by Government, including those amending the Occupiers’ Liability Act 1995, which I hope to introduce at Committee Stage.

Alcohol Sales

Questions (277, 278)

Brendan Griffin

Question:

277. Deputy Brendan Griffin asked the Minister for Justice if she will consider the abolition of the cost of special exemption orders (details supplied); and if she will make a statement on the matter. [45234/22]

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Michael Healy-Rae

Question:

278. Deputy Michael Healy-Rae asked the Minister for Justice if the special exemption orders on bars that wish to open late will be removed (details supplied); and if she will make a statement on the matter. [45241/22]

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Written answers

I propose to take Questions Nos. 277 and 278 together.

I am aware that Special Exemption Orders can be a source of frustration for the night-time entertainment industry. In order to support vintners and other licensed premises due to the impact of the Covid-19 pandemic on the sector, court fees and excise duty relating to Special Exemption Orders (SEOs) were waived twice, from 19th October 2021 to 31st December 2021 and again from 26th January to 1st May this year.

Any further measures would be a matter for the Estimates and budget process.

As the Deputy will be aware, the Justice Plan 2022 commits to publishing and enacting new laws to update and modernise alcohol licensing laws in Ireland. I am delivering on that commitment by preparing Heads of a General Scheme of a Sale of Alcohol Bill.

The objective of the proposed Bill is to repeal the Licensing Acts 1833 to 2018, the Registration of Clubs Acts 1904 to 2008, and the Public Dance Hall Act 1935, and to replace them with updated and streamlined provisions more suited to the 21st century. In addition, codifying alcohol licensing law into a single Act will make it more accessible and user-friendly for the licensed trade, courts, Gardaí and the public.

Special Exemption Orders are being reviewed in the context of the Sale of Alcohol Bill.

Work on the consolidation and reform of the licensing laws and the drafting of the General Scheme is advancing well. This is a reform on which there are many views across society, and the legislation I bring forward needs to be informed by those views.

Therefore, last November, I launched a wide-ranging consultation to seek the views of the public on the modernisation of Ireland’s licencing laws. The consultation, which ran until 21st January this year, looked at how best to update the existing laws governing the sale and regulation of alcohol in Ireland.

Members of the public, academics, sectoral groups, and representative organisations were invited to complete an online survey and/or make a written submission to the Department. There was a high level of response to the consultation, with in excess of 5,000 responses received.

The Department is now reviewing these responses to ensure the reform of the legislation takes account of and is informed by this engagement. On 10th March, I hosted a consultation webinar and panel discussion event on the reform of the alcohol licensing laws to give an opportunity for further discussion of the issues of concern to stakeholders.

That webinar can be viewed on the Department’s YouTube channel via the following link:youtu.be/0tMtKzd_9jA.

It is intended to progress this legislation in the months ahead. Submissions from stakeholders will, of course, be carefully considered in the context of publication of the forthcoming Bill.

Details of the proposed reform will be included in the General Scheme when published.

Question No. 278 answered with Question No. 277.

Citizenship Applications

Questions (279)

Niamh Smyth

Question:

279. Deputy Niamh Smyth asked the Minister for Justice the way that a person can apply for citizenship though an Irish relative; if she will outline the process involved; and if advice will be provided on this matter (details supplied). [45251/22]

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Written answers

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.

Section 15 of the Act sets out the statutory conditions that must be fulfilled for a certificate of naturalisation to be granted.

Section 16 of the Act gives me, as Minister, discretion to waive the statutory conditions in certain circumstances, including where the applicant is of Irish descent or Irish associations (defined as related through blood, affinity or adoption to a person who is or is entitled to be an Irish citizen).

Any application under Section 16 that relies on Irish associations and affinity should be supported by substantive documentation supporting the claim, documentation that in the view of the Minister renders the application exceptional and one where the normal pathways to citizenship provided for under the legislation are not appropriate.

Applications for naturalisation are often received where the applicant seeks the Minister to exercise absolute discretion under Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, to waive the statutory conditions on the basis of Irish descent or Irish associations going back two, three or indeed more generations. An association going back two generations without any other link to the State is generally considered as not sufficient to warrant consideration or the waiving of the statutory residence conditions.

Applicants who seek to avail of the discretion provided under Section 16 of the Act are expected to have a reasonable period of lawful residence in the State, generally around 3 years, to show they have some substantial and tangible connection with Irish society and the State. An Irish association through a great-grandparent, (or a grandparent where that grandparent obtained citizenship through naturalisation) and where there is no, or negligible, reckonable residency would generally be deemed insufficient to warrant recommending the Minister exercise absolute discretion to waive the statutory conditions under Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, and may result in a refusal.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended.

Detailed information on the citizenship application process including relevant forms and an eligibility guide are available on my Departments Immigration Services website at https://www.irishimmigration.ie/how-to-become-a-citizen/ and www.irishimmigration.ie/wp-content/uploads/2019/12/Irish-Citizenship-Eligibility-Guide.pdf

Additionally, persons born outside of Ireland who have an Irish national grandparent born in Ireland may obtain Irish citizenship, subject to certain criteria being met, through registration in the Foreign Births Register which is maintained by Department of Foreign Affairs, for more information please see: www.dfa.ie/citizenship/born-abroad/registering-a-foreign-birth/

Departmental Staff

Questions (280)

Denis Naughten

Question:

280. Deputy Denis Naughten asked the Minister for Justice the number of persons within her Department who received the special leave with pay for Covid-19 up to 1 July 2022; the number of workers who have availed of this payment for an extended period of 12 weeks or more; the number of persons who availed of the special leave with pay for COVID-19 since 1 July 2022; the number of such persons who have been in receipt of this payment in excess of 14 days; and if she will make a statement on the matter. [45322/22]

View answer

Written answers

Special leave with pay for COVID-19 is used in lieu of sick leave to assist in the prevention of the possible onward spread of COVID-19 in the workplace.

Circular 2/1976, which covers special leave with pay, should only apply in lieu of sick leave for COVID-19 when an employee is required to self-isolate and is displaying symptoms of COVID-19, and is either awaiting a test result or has had a positive PCR or antigen test, which has been registered on the HSE portal.

Special leave with pay only applies to employees who were rostered or due to be working and cannot be substituted for other forms of leave, for example annual leave.

The information requested by the Deputy is set out in the below table:

-

Number of staff

Percentage of

total staff (1611)

The number of staff who received special leave with pay up to 1 July 2022

631

39.2%

The number of staff who availed of this payment for an extended period of 12 weeks or more

3

0.2%

The number of staff who availed of special leave with pay since July 1 2022

135

8.4%

The number of staff who have been in receipt of this payment in excess of 14 days

34

2.1%

Immigration Status

Questions (281)

Bernard Durkan

Question:

281. Deputy Bernard J. Durkan asked the Minister for Justice the current and expected residency status of a person (details supplied) and their four children; and if she will make a statement on the matter. [45365/22]

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Written answers

The person referred to by the Deputy had their permission to remain in the State renewed for a further three year period, to 15 August 2022. This was communicated in writing by letter dated 21 August 2019.

Their family member aged 18 years also had their permission to remain in the State renewed for a further period, from 8 December 2019 to 15 August 2022. This was communicated in writing to the person concerned by letter dated 23 January 2020.

Both letters advised the persons concerned of the conditions attaching to their permission to remain and of the requirement to apply to their local immigration registration office for a further renewal of their permission to remain two weeks before their existing permission expires.

The family member who is aged 16 years held a Stamp 3 immigration permission, which was valid to 15 August 2022. Prior to the expiry of this permission, they should have applied for a renewal of temporary permission to remain in the State in their own right to:

The Acknowledgments Unit, Repatriation Division, Immigration Service, Department of Justice, 13-14 Burgh Quay, Dublin 2. To date no renewal request has been received from this person.

Based on the details provided by the Deputy, two of the dependent children of the person concerned would appear to be aged 14 years. Consequently, there is no requirement to register their permission at this time as they are under the age of 16 years. Once a non EEA national reaches 16 years of age while resident in the State, they are required to attend at their local immigration office to register their permission and to receive an Irish Residence Permit (IRP) card in their own right.

Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service of 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 Questions process. The Deputy may consider using the e-mail service except in cases where the response from the Immigration Service is, in the Deputy’s view, inadequate or too long awaited.

Hospital Appointments Status

Questions (282)

Pa Daly

Question:

282. Deputy Pa Daly asked the Minister for Health when a person (details supplied) can expect to receive an appointment for a procedure. [45213/22]

View answer

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.

Hospital Appointments Status

Questions (283)

Michael Healy-Rae

Question:

283. Deputy Michael Healy-Rae asked the Minister for Health the status of the provision of a hospital bed for a person (details supplied); and if he will make a statement on the matter. [45193/22]

View answer

Written answers

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

Health Strategies

Questions (284)

Fergus O'Dowd

Question:

284. Deputy Fergus O'Dowd asked the Minister for Health if he will provide the details of discussion or progress on the delivery of a new National Strategy for Diabetes; and if he will make a statement on the matter. [45195/22]

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Written answers

Diabetes is a complex condition that can have a profound impact on the quality of life of people living with the condition. If not well managed, it can lead to debilitating complications. Management of the condition is required across the entire spectrum of healthcare delivery including self-management support as well as care delivered through general practice, community specialist care and hospital inpatient specialist care.

I am aware of the needs of the diabetes community and the challenges faced by those living with the condition and have recently met with representatives from Diabetes Ireland and the HSE National Clinical Programme for Diabetes to discuss different ways diabetes care can be improved across the country.

The planned delivery of diabetes services is ongoing, with increases in approved related hospital and community diabetes team posts, the increased number of DAFNE centres, and the recent Government approval for the General Scheme of a Health Information Bill, to facilitate the development of national/population-based disease specific “virtual” registries, including a virtual national diabetes registry. The inclusion of diabetes as one of four chronic diseases in respect of which GMS patients receive ongoing, planned care from their GP through the Chronic Disease Management Programme also represents a major step forward in assisting those living with diabetes to manage their condition.

Health Services

Questions (286)

Louise O'Reilly

Question:

286. Deputy Louise O'Reilly asked the Minister for Health the meetings that have been held by him or his officials from assistant principal level-upwards with representatives of business or trade representative groups and organisations since his appointment as Minister; the dates, attendees and matters that were discussed at each meeting; and if he will make a statement on the matter. [45197/22]

View answer

Written answers

The information requested by the Deputy is not immediately available. I will survey the Department and the collated replies will be prepared into a full response to the Deputy as soon as possible.

Disability Services

Questions (287)

Michael Healy-Rae

Question:

287. Deputy Michael Healy-Rae asked the Minister for Health the status of the case of a person (details supplied); and if he will make a statement on the matter. [45211/22]

View answer

Written answers

As this question relates to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.

Health Services

Questions (288)

Patrick Costello

Question:

288. Deputy Patrick Costello asked the Minister for Health further to Parliamentary Question No. 1508 of 8 September 2022, if his Department will legislate on a national level for the display of calorie information on individual bottles and cans of alcohol products not just on the larger containers; and if he will make a statement on the matter. [45217/22]

View answer

Written answers

Further to my answer to Parliamentary Question No. 1508, section 12 of the Public Health (Alcohol) Act on alcohol labelling applies to all alcohol containers. As set out in section 2 of the Act, "container" means, in relation to an alcohol product, a bottle or other container.

Health Services

Questions (289)

Patrick Costello

Question:

289. Deputy Patrick Costello asked the Minister for Health further to Parliamentary Question No. 1509 of 8 September 2022, when his Department will resume the development of mandatory calorie posting on menus; and the timeline for the introduction of the arising legislation. [45219/22]

View answer

Written answers

A resumption of work on the development of legislation for mandatory calorie posting is not planned at this time. The public health legislation priorities of my Department are kept under continuous review.

Dental Services

Questions (290)

Denis Naughten

Question:

290. Deputy Denis Naughten asked the Minister for Health the steps that he is taking to secure follow-up care for children of an orthodontic practice (details supplied) in Galway which received up-front payments of up to €4000 for treatments; the number of children involved; his engagement with the HSE and the Dental Council on this; the coverage to be provided through the practitioner’s insurance; and if he will make a statement on the matter. [45230/22]

View answer

Written answers

I am concerned at the situation that has arisen for patients of the orthodontic practice in Oranmore and their families. As this case is the subject of “in camera” High Court proceedings there are restrictions on the extent of information that can be made available.

Since this situation first came to the attention of my Department in the middle of August, my focus has been the continuity of care of patients, and my officials have been consulting with stakeholders across the dental profession to enable and support a solution for patients. I met with patient representatives and local representatives on 8th September to hear their specific concerns and consider what can be done to support these patients.

The normal course of events would be that orthodontic practices are wound down in an orderly fashion when necessary and for patients to continue to receive care in other practices. To support patients to receive continuity of care, the Dental Council has written to orthodontists located nearest to the practice to seek their co-operation if former patients of the Oranmore practice seek their help.

The Orthodontic Society of Ireland (OSI) is advising the public that it is coordinating with its members and the appropriate bodies to seek ways to resolve this situation to ensure that ongoing care is restored as soon as possible.

However, I appreciate that presently parents feel this transfer of care is taking time and are very concerned. In view of this my officials and I will continue to explore all options available to us to help secure the continuity of care for the affected patients of Oranmore Orthodontics.

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