Ba mhaith liom fáilte a chur roimh an Aire go dtí an Teach inniu. The Minister of State with responsibility for disability issues is very welcome. I always knew he was very talented. I happened to tune into RTE radio on Saturday afternoon and he confirmed that fact. With some of his colleagues in the Houses, he came across very well.
Commencement Matters
Primary Care Centres
I always wanted to be in a boy band.
I compliment the Minister of State.
This matter relates to the provision of a proposed primary care centre for Monaghan town and the north County Monaghan area.
Over a decade ago Monaghan hospital lost its acute services. This caused much trauma, concern and pain to the people of the county. They have since been forced to travel and sometimes to take their place in a queue in order to have an emergency attended to in hospitals in either Cavan or Drogheda. At the time the service was removed, the HSE promised that a primary care centre would be fast-tracked for north County Monaghan. Unfortunately, that was over ten years ago and there has been no sign of a brick being laid.
We all agree on the virtues of primary care. It is estimated that 95% of all health care can be provided at a local level. Therefore, it is vitally important that such facilities be fast-tracked, particularly in a county that has no acute hospital services. I am very disappointed with the delay. I understood different sites had been explored and examined and that a site on the current campus of Monaghan General Hospital had been selected. We thought a lot more progress would have been made long before now and I am sad to say I have nothing to report at this point. I ask the Minister of State to update me on the current position and explain the reason for the delay.
I thank the Senator for his question. Two of his colleagues were also on the programme, Senators Frances Black and Fintan Warfield, and they were way more talented than me. As I always wanted to be in a boy band, we had a good afternoon and there was a bit of politics also.
I congratulate the Senator on being elected to the Seanad and wish him the best of luck. I thank him for raising the issue of the development of a primary care centre for Monaghan town and welcome the opportunity to outline the current position on this important health infrastructure development.
For a number of years work has been under way to deliver and manage health care as far as possible within a primary care setting, with patients less frequently requiring admission to hospital. The development of primary care is central to the Government's objective of delivering a high quality, integrated and cost-effective health care system. Enhancing and expanding capacity in the primary care sector is crucial to ensuring delivery of a preventive, joined-up approach to the management of the nation's health and the modernisation of primary care delivery. A Programme for a Partnership Government sets out a clear vision for health services in Ireland that is community-based, responsible and accessible to patients. The development of primary care is central to this by shifting the balance of care from a hospital-centric system to one located in the community, enabling users to access easily a broad spectrum of care services through their local primary care team. I have outlined the principle behind the system and the broader vision involved.
The delivery of primary care infrastructure is, however, dependent on a number of factors, including suitable locations being available, successful planning processes and a commitment by GPs to sharing accommodation and delivering health care services with HSE staff. The HSE is looking to provide a new primary care centre in Monaghan town to best provide for the needs of the population of County Monaghan and I strongly support the Senator's view on this matter. The primary care centre for Monaghan town is included in the HSE's multi-annual capital plan and currently at the design stage. The proposed location is the Monaghan General Hospital campus and it is presenting certain technical challenges - hence the delay. The HSE is examining these matters with the design team and all options for the delivery of the project are being considered. The process to identify a satisfactory solution to address these design challenges has not yet concluded. After the design issues have been dealt with, I hope to come back to the Senator and we can see what can happen from there.
I thank the Minister of State for his response. I plead with him to use his good offices to try to ensure this project is fast-tracked as a matter of urgency. I will not go over the same ground again. Suffice it to say this facility is badly needed. It would be very much appreciated by the people of County Monaghan and me if the Minister of State could use his good offices to assert the case for the primary care centre for Monaghan town.
Let me reassure the Senator that I accept his point that the primary care centre is badly needed. We need to make progress. I will talk to the Minister for Health, Deputy Simon Harris, about the design and technical delays. We all agree in principle that a primary care centre is needed in Monaghan. As a site is available, we should do the job. I assure the Senator that I will bring his message to the Minister.
Irish Blood Transfusion Service
I wish to ask about the public procurement of products and services for the Irish Blood Transfusion Service. I have already submitted details to the Department of Health. We know that, under statute, the Irish Blood Transfusion Service is fully accountable to the Minister for Health. Its principal activity is to provide blood and blood products for humans. It is also responsible for the collection of blood platelets and managing the unrelated bone marrow registry in Ireland.
My concerns relate to public procurement. It has been brought to my attention that there are issues in this regard. When a body raises concerns, one must differentiate a failure to secure a procurement contract through a public procurement process from more substantive concerns. I am not here to make that judgment call. I express concerns raised by parties who have been in touch with me and seek reassurance that the procurement process is being followed to the letter of the law. We all know that the key thing underpinning confidence in any public procurement process is transparency. I seek reassurances from the Minister on five or six key matters. Does the organisation maintain a tender list? We need to see a schedule of advertising of products and services. There is a subtle difference between the product - blood transfusions - and the services that the board contracts in. Are there records of tendering timescales, the receipt and opening of tenders and all tender evaluations, as well as of the retention of these records historically - certainly for a period of five or six years - for potential audit? The concerns I heard were about a number of issues relating to products and services provided by the Irish Blood Transfusion Service. I request that the Minister - not necessarily today but in the future - discuss these issues with the Irish Blood Transfusion Service and seek assurances that the public procurement process is being followed to the letter of the law in respect of the various thresholds that apply to public procurement.
I thank the Senator for raising this important issue. Before I respond to him, I pay tribute to all who donate blood to the Irish Blood Transfusion Service. This fantastic service saves many lives. We all know of friends and family members who have benefited from it. I am taking this Commencement debate on behalf of my colleague, the Minister for Health, Deputy Simon Harris, and will raise the points made by the Senator when I speak to him.
I thank the Senator for raising this issue and giving me the opportunity to address the House. The remit of the Irish Blood Transfusion Service, IBTS, is to provide a safe, reliable and robust blood service for the health system. Blood and the products derived from it are an integral part of health care delivery. A major objective of the Irish Blood Transfusion Service is to enure it always has the necessary programmes and procedures in place to protect both the donors and the recipients of blood and blood products. The Department of Finance published a revised code of practice for the governance of State bodies in May 2009. The code defines corporate governance as comprising the systems and procedures by which enterprises are directed and managed. State bodies must serve the interests of the taxpayer, pursue value for money in their endeavours and act transparently as public entities.
The boards and the management of State bodies must accept accountability for the proper management of the organisations involved. State bodies and their subsidiaries are required to confirm to the relevant Minister that they comply with the up-to-date requirements of the code in their governance practices and procedures.
On the procurement issue, the Irish Blood Transfusion Service has confirmed in writing that in respect of 2015 requirements for public procurement are understood and adhered to; appropriate attention is given to and adequate procedures are in place for ensuring compliance with procurement policy and guidelines; EU directives and national regulations on procurement are being complied with; and a corporate procurement plan is in place in accordance with the national public procurement framework. This procurement plan reinforces the Irish Blood Transfusion Service's commitment to effective and efficient resource allocation and service provision for all of its customers.
A copy of the annual accounts of the Irish Blood Transfusion Service and the auditor's certificate and report thereon must also be presented to the Minister. The IBTS financial statements are laid before the Houses of the Oireachtas. The 2014 statements were laid before them on 5 October 2015. The 2015 statements will be laid before them very very shortly. Every effort will continue to be made to ensure there is robust governance in the Irish Blood Transfusion Service, including in procurement.
I thank the Minister of State for a very comprehensive report. I was reading it line by line as he delivered it. I note that in the last paragraph he raised the issue of the 2015 auditor's report and accounts and added that they would be laid before the Houses "very very" shortly. That is welcome. I suggest we look at them. The period I am referring to is in 2015. The sooner we have the 2015 statements before the House, the better.
The Senator is right to seek reassurance on issues relating to the procurement process. He raised the matters of tender lists, the recording of tenders, the retention of records and the relationship to the statements for 2015. I will go back to the Minister for Health, Deputy Simon Harris, for an update and act immediately on it.
International Agreements
I have tabled this Commencement matter on behalf of the National Council for the Blind of Ireland. I welcome the Minister of State at the Department of Jobs, Enterprise and Innovation, Deputy Pat Breen. It is appropriate that he is taking this matter as it falls within his area of responsibility. Commencement matters are regularly taken by Ministers who have no line responsibility as such.
The Marrakesh treaty was the culmination of years of work by the International Blind Union and various NGOs involved in dealing with sight loss and people with eyesight difficulties, the principle being providing access to print material. Unfortunately 90% of the books printed in the world are not available electronically. People who are blind or visually impaired or who suffer from sight loss as a result of diabetes and various other conditions have limited access to books. I often give the analogy that if one were to go into Easons on O'Connell Street and find 90% of the shelves empty, one would go out the back door as quick as lightning because of the lack of choice.
This is the situation faced by people who are blind and visually impaired in seeking access to printed material. As a result of technology upgrades such as the iPad and improvements in digital facilities and so on, the provision of print material in electronic format is simple. The problem that arises is one of copyright and publishers.
Following years of negotiations between the various stakeholders, the UN Marrakesh treaty was agreed. I raised this issue in the House prior to its agreement and the Minister of State's predecessor, Deputy Seán Sherlock, took a hands-on approach to ensuring Ireland would play its role in the negotiations on the treaty. The Marrakesh treaty has now been ratified by 20 countries, which effectively means that it will come into force. When is it proposed that Ireland will ratify the treaty? Does the Minister of State, Deputy Pat Breen, have a timeline in mind? Are his departmental officials working on ratification of the treaty and, if so, when can we expect Ireland to sign up to it?
The Marrakesh treaty eliminates the copyright issues in the provision of print material in electronic format. Most countries have a lead agency which deals with this process to ensure the integrity of the process is protected and, obviously, that the interests of publishers are protected. If the copyright issues are dealt with, as is the case in respect of the Marrakesh treaty and if Ireland were to ratify it, I contend that instead of 90% of books not being available, 90% of books would be available. This would be revolutionary for the 270,000 people in this country who are blind or visually impaired.
As the Cathaoirleach was not in the House on the last occasion I was here, I take the opportunity to congratulate him on his appointment. I thank the Senator for raising this important issue. I know him well and I am aware of his special interest in issues affecting people with disabilities.
The Marrakesh treaty was adopted on 28 June 2013 at Marrakesh and signed by over 50 countries. It is an international agreement under the auspices of the World Intellectual Property Organization based in Geneva. The treaty facilitates access to published works for persons who are blind, visually impaired or otherwise print disabled. The object of the treaty is to improve access to books and other publications in braille, large print text and audio format. The treaty also provides for the exchange of works across borders by organisations that serve people who are blind, visually impaired and print disabled.
Canada recently became the 20th state to accede to the treaty, which means that the treaty will now come into force on 30 September 2016 for those countries that ratified it. When the treaty comes into effect, it will oblige contracting states to introduce limitations and exceptions in copyright law to ensure access to books and other publications in accessible format. It will also oblige contracting states to allow the import and export of accessible versions of books and other copyrighted works without the need for permission from the copyright holder. This sharing of works in accessible format should increase the overall number of works available to persons in need.
Ireland played an integral role in the negotiation of the Marrakesh treaty and contributed to its conclusion during the Irish Presidency in 2013 of the European Union. Subsequently, the Government approved the signature of the treaty by Ireland and the permanent representative of Ireland to the United Nations in Geneva, Ms Patricia O'Brien, signed it on behalf of Ireland on 20 June 2014.
This indicates Ireland's commitment to achieving the objective of the Marrakesh treaty. Ratification of the treaty will require contracting parties to adopt national law provisions which will permit the reproduction, distribution and making available of published works in accessible formats through limitations and exceptions to copyright. Ireland and other EU member states operate exceptions in their national copyright laws allowing for the adoption of books into formats easier to use for visually impaired persons. This does not operate in a harmonised manner, however, and the current framework does not facilitate cross-border sharing of accessible format copies, which is a cornerstone of the treaty.
The European Union signed the treaty in April 2014 on the basis of a proposal by the European Commission and a mandate from the Council of the European Union. In discussions following the act of signature, the Council could not reach agreement ratification within the European Union. As a result, the European Commission has formally asked the Court of Justice of the European Union for its opinion on whether the European Commission has exclusive competence to conclude the Marrakesh treaty on behalf of the European Union. This matter remains under consideration by the court.
The European Union remains committed to ratification of the Marrakesh treaty and this commitment is reflected in the European Commission's communication on copyright published in December 2015. In its communication, the European Commission outlined its intention to bring forward legislative proposals to ratify and implement the Marrakesh treaty. These proposals are expected in September 2016. Ireland remains fully supportive of the aims of the treaty and is ready and willing to work proactively in Council towards ratification of the treaty as soon as possible.
I thank the Minister of State for a comprehensive update on this matter. The strategy of it being an all-European treaty to be ratified by all countries at the same time is good. Ireland has a small quantity of print material while there is significantly more throughout the European Union. This is a positive update. I know that these matters are slow, but we are moving in the right direction, which is important.
I thank the Senator for his positive response. An independent copyright review committee was established by the then Minister for Jobs, Enterprise and Innovation in May 2011 to examine copyright framework from the perspective of removing obstacles to innovation. The committee's report, Modernising Copyright, was published in October 2013. The report contained in excess of 60 recommendations covering a diverse range of issues, including that of the access to justice before the courts, particularly for low-value claims relating to intellectual property infringements.
Since publication, the Department has conducted extensive analysis of the recommendations, including examination from a policy perspective with relevant Departments and assessment of the complex legal issues involved in certain proposals. The Minister for Jobs, Enterprise and Innovation, Deputy Mary Mitchell O'Connor, expects to be in a position in the coming weeks to bring to the Government the Department's response to the committee’s recommendations and to seek approval for legislative proposals on several of its recommendations, including in the area of interest to the Senator. I am sure he is aware of the copyright review committee chaired by Dr. Eoin O'Dell. I thank him for raising this issue and will keep him informed of developments in this area and on the report in September.
Sitting suspended at 3.05 p.m. and resumed at 3.30 p.m.