Written Answers Nos. 189-195
189. Deputy Regina Doherty asked the Minister for Health the reason it takes up to nine weeks to process optical at a clinic (details supplied) in County Meath, when the average time in County Kildare is one to two weeks; the action being taken to tackle this delay; and if he will make a statement on the matter. [40837/12]
Amharc ar fhreagraAs this is a service matter it has been referred to the HSE for direct reply.
190. Deputy Luke 'Ming' Flanagan asked the Minister for Health the reason the position of disability appeals office has not been filled since the resignation of a person (details supplied) in December 2011; his views on whether there is a conflict in having the disability appeals officer subsumed into his Department, a department who's decisions could and would come to the disability appeals officer for assessment; his views on whether there is a erosion of independence in the appeals system with the current arrangements; the longer term plans for restoring the office of disability appeals officer; and if he will make a statement on the matter. [40841/12]
Amharc ar fhreagra196. Deputy Denis Naughten asked the Minister for Health if the Office of Disability Appeals Officer has been abolished; if he will outline the current independent process of reviewing decisions in the disability area; the plans, if any, to re-establish this independent process; and if he will make a statement on the matter. [40927/12]
Amharc ar fhreagraI propose to take Questions Nos. 190 and 196 together.
Part 2 of the Disability Act 2005 makes provision for the introduction of very specific obligations on the health services, including a statutory entitlement to:
- an independent assessment of health and education needs {Section 8};
- a statement of services {Section 11} which it is proposed to provide;
- an independent redress and complaints mechanism {Section 14} if required;
- make an appeal to the independent Disability Appeals Officer {Section 18}.
The Disability Appeals Officer (DAO) is an independent officer appointed by the Minister for Health whose purpose is to provide an appeals service to people who wish to appeal (i) against a finding or recommendation of a complaints officer of the HSE made under the Disability Act 2005; or (ii) against the failure of the HSE or an education service provider to implement a recommendation of a complaints officer.
The Office of the Disability Appeals Officer (ODAO) was created to support the DAO in the performance of his/her functions. It should be noted that the Disability Act does not create an office which exists independently of the person who holds office and, accordingly, the ODAO is not a corporate body. Since 2007, the ODAO has successfully supported the DAO in providing the appeals service envisaged under the Disability Act. From 2007 staff from the Department of Health were assigned to the ODAO to assist the DAO in the performance of her functions.
Following the decision in October 2008 to defer further roll-out of Part 2 of the Disability Act for other cohorts, it became apparent that the ODAO did not have the volume of work originally envisaged and by 2011 there was an insufficient quantum of work to justify a full-time DAO position.
The existing Disability Appeals Officer resigned her position with effect from 31/12/2011 and my Department has been in discussions with the Department of Public Expenditure and Reform regarding the filling of this post.
As an interim measure, a Principal Officer on my Department’s staff has been designated to discharge the duties of the Disability Appeals Officer and is independent in the performance of this function. A longer term arrangement will be put in place as soon as possible.
The provisions for parents wishing to make an appeal have not changed and appeals will continue to be determined in accordance with the provisions of the Disability Act. As part of its service the ODAO operates a Lo-Call phone line. Because of the reduced volume of work a decision was made to monitor the Lo-Call number for one hour per day as the volume of calls averages five per week. The person monitoring the calls is an official from my Department, who has worked in the ODAO since 2007 and is now assigned to these duties on a part-time basis.
191. Deputy Gerry Adams asked the Minister for Health the number of patients from County Louth currently waiting to be seen at an outpatient clinic for the first time [40859/12]
Amharc ar fhreagraAs this is a service matter, it has been referred to the Health Service Executive for direct reply.
192. Deputy Jack Wall asked the Minister for Health the reason the provision of dental service to children at Athy Health Centre, County Kildare has ceased; when this service will resume; if his attention has been drawn to the hardship that is being caused to patients due to the removal of the dental service; and if he will make a statement on the matter. [40877/12]
Amharc ar fhreagraAs this is a service matter it has been referred to the HSE for direct reply.
193. Deputy Mary Mitchell O'Connor asked the Minister for Health his plans to ban the sale of high energy drinks similar to Denmark, Turkey and Uruguay due to reported cases of liver damage, kidney failure, seizures, confusion and arrhythmia associated with energy drink use; and if he will make a statement on the matter. [40900/12]
Amharc ar fhreagra194. Deputy Mary Mitchell O'Connor asked the Minister for Health if he is considering restricting the sale of high energy drinks due to reported cases of liver damage, kidney failure, seizures, confusion and arrhythmia associated with energy drink use similar to Norway which prohibits the sale of these drinks to those under 15 years; and if he will make a statement on the matter. [40901/12]
Amharc ar fhreagraI propose to take Questions Nos. 193 and 194 together.
I am taking the Deputy's reference to "energy drinks" to relate to "stimulant drinks". The Food Safety Promotion Board (FSPB) commissioned independent, scientific research into the effects of stimulant 'energy' drinks in 2002. One of the main issues to arise out of the report was the need for labelling of stimulant drinks, especially for groups with special considerations. The groups identified were women who are pregnant and children under 16 years of age. The report also recommended that labels should contain warnings that the drink was unsuitable for consumption with alcohol and as a re-hydration agent during sport and exercise.
Following this report, my Department wrote to the EU Commission proposing that 'taurine' (an ingredient found in stimulant drinks) be made subject to Community scrutiny. Following a request from the Commission, the Panel on Food Additives and Nutrient Sources in the European Food Safety Authority (EFSA) carried out an evaluation on the safety-in-use of taurine and d-glucurononolactone as constituents of the so-called “energy” drinks. In 2009 they adopted a scientific opinion concluding that exposure to these ingredients through regular consumption of energy drinks was not a safety concern. These constituents occur naturally at much lower levels as natural ingredients in food, and are also normal human metabolites. They are used at much higher levels and in combination with different ingredients in energy drinks.
My Department has contacted the EU Commission and they are unaware of any proposal to ban the sale of such products in either Denmark or Turkey.
Labelling legislation is harmonised throughout Europe and it is not open to individual Member States to unilaterally change the labelling of drinks products. However, I should point out that many of the recommendations in the FSPB report regarding labelling have been addressed by changes to the EU Labelling Regulations which now require the mandatory labelling of high caffeine content and suitability warnings for children and pregnant women for foods and beverages exceeding specified caffeine thresholds.
195. Deputy Marcella Corcoran Kennedy asked the Minister for Health the timeframe for a response from PAD; if he will confirm receipt of emails of 3 August 2012 and 23 August 2012 (details supplied); if financial assistance is available in relation to this condition; and if he will make a statement on the matter. [40926/12]
Amharc ar fhreagraThe Health Service Executive is committed to answering Parliamentary Questions referred to the Parliamentary Affairs Division within 15 working days of receipt. PQs requesting detailed statistical data or other more complex information may require a longer response time. Representations referred to the PAD are answered as soon as possible.
I can confirm that the emails referred to by the Deputy were received by my Department. As this is a service matter it has been referred to the Health Service Executive for attention and direct reply to the Deputy.
