Thursday, 4 Oct 2012

Written Answers Nos. 239-249

Health Services Expenditure

Ceisteanna (239)

Caoimhghín Ó Caoláin

Ceist:

239. Deputy Caoimhghín Ó Caoláin asked the Minister for Health further to Parliamentary Question No 477 of 25 September 2012 when a reply will issue from the Health Service Executive [42454/12]

Freagraí scríofa

Minister for Health

I understand that the HSE responded to the Deputy on the 1st October 2012, and that the 2012 figures will be forwarded as soon as they are completed.

Health Services Expenditure

Ceisteanna (240)

Caoimhghín Ó Caoláin

Ceist:

240. Deputy Caoimhghín Ó Caoláin asked the Minister for Health further to Parliamentary Question No 478 of 25 September 2012 when a reply will issue from the Health Service Executive [42455/12]

Freagraí scríofa

Minister for Health

The information requested by the Deputy is currently being collated by the Executive and will be forwarded as soon as it becomes available. While the Executive makes every effort to answer parliamentary questions referred to it as soon as possible it's current commitment is to provide an answer to Deputies within 15 working days from the Dáil answer date. Under this agreement the latest date for answer for the Deputy's question is October 16th.

HSE Staff Responsibilities

Ceisteanna (241)

Caoimhghín Ó Caoláin

Ceist:

241. Deputy Caoimhghín Ó Caoláin asked the Minister for Health further to Parliamentary Question No 479 of 25 September 2012 when a reply will issue from the Health Service Executive; and if he will make a statement on the matter. [42456/12]

Freagraí scríofa

Minister for Health

The HSE has advised that the information required by the Deputy is still being collated and will be forwarded to him in due course.

Health Services Expenditure

Ceisteanna (242)

Caoimhghín Ó Caoláin

Ceist:

242. Deputy Caoimhghín Ó Caoláin asked the Minister for Health further to Parliamentary Question No 480 of 25 September 2012 when a reply will issue from the Health Service Executive; and if he will make a statement on the matter. [42457/12]

Freagraí scríofa

Minister for Health

The Health Service Executive has advised that the information requested by the Deputy is being collated and will be forwarded to him as soon as it is available.

Disability Support Services Provision

Ceisteanna (243, 244, 245, 246, 254, 255, 256)

Emmet Stagg

Ceist:

243. Deputy Emmet Stagg asked the Minister for Health the amount of money spent on legal costs since the appointing of an acting disability appeals officer under the Disability Act 2005 [42466/12]

Emmet Stagg

Ceist:

244. Deputy Emmet Stagg asked the Minister for Health the reason no determinations and reasons for decisions reports have been made available for public inspection since January 2012, despite the fact that under the Disability Act 2005 they must be made available within 21 days of issue once they are not challenged on a point of law [42467/12]

Emmet Stagg

Ceist:

245. Deputy Emmet Stagg asked the Minister for Health the date on which he intends to appoint an independent disability appeals officer under the Disability Act 2005 to replace the acting disability appeals officer who is an official in his Department [42468/12]

Emmet Stagg

Ceist:

246. Deputy Emmet Stagg asked the Minister for Health if he intends to locate the next appointed disability appeals officer, under the Disability Act 2005, in offices other than those operated by his Department, to maintain the independence of the disability appeals office. [42469/12]

Anthony Lawlor

Ceist:

254. Deputy Anthony Lawlor asked the Minister for Health if he will provide an update on the interim arrangements for the Office of Disability Appeals; the date on which the position of Disability Appeals Officer will be filled; and if he will make a statement on the matter. [42515/12]

Anthony Lawlor

Ceist:

255. Deputy Anthony Lawlor asked the Minister for Health when will all completed Determinations and Reasons for Decisions reports from the Office of Disability Appeals Officer be made available for public inspection, including any reports from the former Disability Appeals Officer; and if he will make a statement on the matter. [42516/12]

Anthony Lawlor

Ceist:

256. Deputy Anthony Lawlor asked the Minister for Health the amount his Department spent on legal costs in relation to the Office of the Disability Appeals Officer since the interim arrangements were put in place; and if he will make a statement on the matter. [42517/12]

Freagraí scríofa

Minister for Health

I propose to take Questions Nos. 243 to 246, inclusive, and 254 to 256, inclusive, 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 former 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 DAO and is independent in the performance of this function. This is a temporary measure only and 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 which is manned during normal working hours.

The availability for public inspection of the Determination and Reasons for Decision Reports that are produced at any particular time by the DAO is a matter for the DAO and is outside of my remit. I am advised by the DAO that all completed Determinations are available on the ODAO website.

I can confirm that an amount of €12,500 plus VAT in legal costs has been incurred by the ODAO since 1 January 2012.

Home Help Service Provision

Ceisteanna (247, 248, 250)

Tom Fleming

Ceist:

247. Deputy Tom Fleming asked the Minister for Health the number of home helps in County Kerry; the number of applicants for home help in Kerry waiting a decision on their application; the number of applicants in Kerry whose hours have been reduced in the past 12 months; the total number of hours cut in County Kerry during the past year; and if he will make a statement on the matter. [42483/12]

Tom Fleming

Ceist:

248. Deputy Tom Fleming asked the Minister for Health the reason he is consistently cutting home help hours in County Kerry; his views on the implications that these cuts are having on the most vulnerable in our society, the elderly, the sick and the disabled; his views on whether these cuts are driving more people into hospitals in view of the fact that they are no longer being adequately cared for; and if he will make a statement on the matter. [42498/12]

Tom Fleming

Ceist:

250. Deputy Tom Fleming asked the Minister for Health the number of home helps in County Kerry; the number of applicants for home help in County Kerry awaiting a decision on their application; the number of applicants in County Kerry whose hours have been reduced in the past 12 months; the total number of hours cut in the past year; and if he will make a statement on the matter. [42500/12]

Freagraí scríofa

Minister of State at the Department of Health

I propose to take Questions Nos. 247, 248 and 250 together.

As these are service matters they have been referred to the Health Service Executive for direct reply.

Services for People with Disabilities

Ceisteanna (249)

Tom Fleming

Ceist:

249. Deputy Tom Fleming asked the Minister for Health if he will address the unacceptable waiting lists and waiting times in audiology services in County Kerry in view of the fact that these long delays are impacting on the quality of life of those on the waiting list; and if he will make a statement on the matter. [42499/12]

Freagraí scríofa

Minister for Health

As this is a service matter, it has been referred to the Health Service Executive for direct reply.