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Tuesday, 15 Jul 2014

Written Answers Nos. 703-729

Health Services Provision

Ceisteanna (703)

Brendan Griffin

Ceist:

703. Deputy Brendan Griffin asked the Minister for Health the reason there is no paediatric diabetes nurse specialist in County Kerry, only two adult diabetes nurse specialists who see both type 1 and type 2 diabetes patients in what can only be described as substandard premises with no privacy for patients and only room for three people to fit into the room; if this will be addressed urgently; and if he will make a statement on the matter. [31566/14]

Amharc ar fhreagra

Freagraí scríofa

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

Health Services Provision

Ceisteanna (704)

Brendan Griffin

Ceist:

704. Deputy Brendan Griffin asked the Minister for Health the reason there is no access to carb counting classes for families with children with type 1 diabetes in County Kerry; if these classes will be provided as a preventative health measure; and if he will make a statement on the matter. [31567/14]

Amharc ar fhreagra

Freagraí scríofa

As this is a service issue, the matter has been referred to the HSE for direct reply to the Deputy.

Hospital Services

Ceisteanna (705, 706, 707, 708)

Brendan Griffin

Ceist:

705. Deputy Brendan Griffin asked the Minister for Health if Cork University Hospital, with only two consultants with 0.5 dedicated to diabetes for over 400 children will receive adequate staffing in this area; and if he will make a statement on the matter. [31568/14]

Amharc ar fhreagra

Brendan Griffin

Ceist:

706. Deputy Brendan Griffin asked the Minister for Health the reason Cork University Hospital only has 1.8 whole-time equivalent diabetes nurse specialists in paediatrics covering over 400 children with diabetes when a minimum of 5.0 dedicated diabetes nurse specialists is needed; if these positions will be recruited; and if he will make a statement on the matter. [31569/14]

Amharc ar fhreagra

Brendan Griffin

Ceist:

707. Deputy Brendan Griffin asked the Minister for Health if a psychologist for children with diabetes will be provided at Cork University Hospital; and if he will make a statement on the matter. [31570/14]

Amharc ar fhreagra

Brendan Griffin

Ceist:

708. Deputy Brendan Griffin asked the Minister for Health the reason Cork University Hospital has only one part-time dietitian when two full-time dietitians are needed; if the positions will be recruited; and if he will make a statement on the matter. [31571/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 705 to 708, inclusive, together.

In relation to the detailed queries raised by the Deputy, as these are service matters they have been referred to the HSE for direct reply.

Question No. 709 answered with Question No. 691.

General Medical Services Scheme Payments

Ceisteanna (710)

Stephen Donnelly

Ceist:

710. Deputy Stephen S. Donnelly asked the Minister for Health if he will instruct the Health Service Executive to reassess the case of a person (details supplied) to investigate if the medical card should be reinstated; and if he will make a statement on the matter. [31590/14]

Amharc ar fhreagra

Freagraí scríofa

The Health Service Executive has been asked to examine this matter and to reply to the Deputy as soon as possible. The Health Service Executive operates the General Medical Services scheme, which includes medical cards and GP visit cards, under the Health Act 1970, as amended. It has established a dedicated contact service for members of the Oireachtas specifically for queries relating to medical cards and GP visit cards, which the Deputy may wish to use for an earlier response. Contact information has issued to Oireachtas members.

Respite Care Grant Applications

Ceisteanna (711)

John McGuinness

Ceist:

711. Deputy John McGuinness asked the Minister for Health if he will provide funding for extra respite in the case of a person (details supplied) in County Kilkenny; the level of funding allocated in the past five years for this purpose in the Carlow-Kilkenny area; and if he will make a statement on the matter. [31599/14]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive for direct reply to the Deputy.

Medical Card Administration

Ceisteanna (712)

Colm Keaveney

Ceist:

712. Deputy Colm Keaveney asked the Minister for Health if he or his Department engaged in any discussion with the Irish Medical Organisation on the issuing of general practitioner only medical cards to the over 70s; if an agreement on a new contract has been agreed; and if he will make a statement on the matter. [31601/14]

Amharc ar fhreagra

Freagraí scríofa

The Department of Health and the HSE have entered into a Framework Agreement with the Irish Medical Organisation which sets out a process for engagement concerning the GMS/GP contract and other publicly funded contracts involving General Practitioners (GPs). This agreement was signed on 4th June 2014.

Discussions on a new GP contract for children under 6 years commenced on 25th June in accordance with the terms of the Framework Agreement. On 9th July the parties agreed that these discussions should also work towards agreement on a new GMS GP contractual framework which will facilitate the full roll out of universal GP care.

HSE Properties

Ceisteanna (713)

Michael Healy-Rae

Ceist:

713. Deputy Michael Healy-Rae asked the Minister for Health his views on correspondence (details supplied) regarding rented property; and if he will make a statement on the matter. [31604/14]

Amharc ar fhreagra

Freagraí scríofa

Decisions in relation to the locations from which health care services are delivered is a matter for the HSE. Therefore your question has been referred to the Executive for direct reply.

Special Educational Needs Service Provision

Ceisteanna (714)

Brendan Griffin

Ceist:

714. Deputy Brendan Griffin asked the Minister for Health if a special needs crèche assistant will be provided to a child (details supplied) in County Kerry; and if he will make a statement on the matter. [31614/14]

Amharc ar fhreagra

Freagraí scríofa

As the particular issue raised by the Deputy relates to an individual case, this is a service matter for the Health Service Executive. Accordingly, I have arranged for the question to be referred to the HSE for direct reply to the Deputy.

Question No. 715 answered with Question No. 603.

Cosmetic Surgery

Ceisteanna (716)

Finian McGrath

Ceist:

716. Deputy Finian McGrath asked the Minister for Health if he will support the Irish College of Ophthalmologists on its concerns relating to advertisements for certain surgical procedures and treatments such as laser refractive surgery and cosmetic procedures; and if he will make a statement on the matter. [31626/14]

Amharc ar fhreagra

Freagraí scríofa

Following concerns expressed in relation to the safety and quality of surgical cosmetic procedures in Ireland, the Office of the Chief Medical Officer prepared, in collaboration the Irish Association of Plastic Surgeons, a short guideline containing a number of recommendations for individuals who may be considering surgical cosmetic procedures. Much of this guidance and the recommendations for patients, which was issued in July 2012, is equally relevant to those patients considering laser refractive surgery and cosmetic procedures. The guidance is available on the Department's website.

With regard to the provision of information to the public and advertising by a registered medical practitioner, the Medical Council guidance states that a medical practitioner must make sure that the information published in the advertisement is true, verifiable, does not make false claims or have the potential to raise unrealistic expectations. This should include information about any inherent risks associated with the services provided.

Orthodontic Service Provision

Ceisteanna (717)

Jack Wall

Ceist:

717. Deputy Jack Wall asked the Minister for Health the reason a child (details supplied) in County Kildare was refused the provision of orthodontic treatment; and if he will make a statement on the matter. [31655/14]

Amharc ar fhreagra

Freagraí scríofa

The HSE provides orthodontic treatment to patients based on their level of clinical need. An individual's access to orthodontic treatment is determined against a set of clinical guidelines and priority is given to patients with greatest needs. The HSE has been asked to examine the specific query raised by the Deputy and to reply to him as soon as possible.

Orthodontic Service Provision

Ceisteanna (718)

Jack Wall

Ceist:

718. Deputy Jack Wall asked the Minister for Health the reason a child (details supplied) in County Kildare will receive an appointment date for orthodontic treatment; and if he will make a statement on the matter. [31656/14]

Amharc ar fhreagra

Freagraí scríofa

The HSE provides orthodontic treatment to patients based on their level of clinical need. An individual's access to orthodontic treatment is determined against a set of clinical guidelines and priority is given to patients with greatest needs. The HSE has been asked to examine the specific query raised by the Deputy and to reply to him as soon as possible.

Medical Card Applications

Ceisteanna (719)

Jack Wall

Ceist:

719. Deputy Jack Wall asked the Minister for Health the position regarding a medical card application in respect of a person (details supplied); and if he will make a statement on the matter. [31657/14]

Amharc ar fhreagra

Freagraí scríofa

The Health Service Executive has been asked to examine this matter and to reply to the Deputy as soon as possible. The Health Service Executive operates the General Medical Services scheme, which includes medical cards and GP visit cards, under the Health Act 1970, as amended. It has established a dedicated contact service for members of the Oireachtas specifically for queries relating to medical cards and GP visit cards, which the Deputy may wish to use for an earlier response. Contact information has issued to Oireachtas members.

Medical Card Eligibility

Ceisteanna (720)

Finian McGrath

Ceist:

720. Deputy Finian McGrath asked the Minister for Health his views on correspondence (details supplied) regarding medical cards for all children with serious illnesses; and if he will make a statement on the matter. [31671/14]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that, under the provisions of the Health Act, 1970 (as amended), medical cards are provided to persons who are, in the opinion of the Health Service Executive, unable without undue hardship to arrange GP services for themselves and their dependants, having regard to their overall financial situation. Under the legislation, there is no entitlement to a medical card based on a particular disease or illness.

Therefore, the Government has decided to develop a new policy framework of eligibility for health services to take account of medical conditions, in addition to the existing basis of financial means. The HSE has established an expert panel to examine the range of conditions and services that should be considered as part of this process. A public consultation was also undertaken and the HSE is putting in place a Consultative Forum of representative patient groups to enable them to feed into the process in a structured fashion. The expert panel has been asked to make a report by September.

In the context of this policy development, the HSE suspended reviews, including appeals, of existing medical cards where discretion had been exercised to take account of medical circumstances, pending the outcome of this process. The HSE has extended eligibility of the individuals concerned.

Notwithstanding the measures outlined above, the legislative provisions of the Health Act have not changed. All applications for a medical card will continue to be assessed against the HSE’s National Assessment Guidelines in accordance with the overall legislation. However, the HSE is currently examining how individuals, who are not entitled to a medical card, could still receive services that meet their needs. The clear intention is to maximise the supports that can be provided in each case to the fullest extent possible. The HSE is seeking to find the best way to achieve this in order to ensure families will receive the support they need.

The Government was also concerned that a number of people with serious medical conditions had been refused the renewal of their discretionary medical card since the centralisation of medical card assessment was completed in mid-2011. Therefore, the Government decided that medical cards or GP visit cards are to issue to persons, with a serious medical condition or disability, who had the renewal of their discretionary card refused by the HSE, having completed an eligibility review during the period from 1 July 2011 to 31 May 2014.

The HSE has been working to identify persons with serious medical conditions who may qualify for a discretionary card. In this regard, the HSE has already issued in the region of 10,000 cards. However, until the HSE has completed its examination on a case by case basis, it is not possible to provide a definitive figure of the cards that will issue.

With regard to ad misericordiam appeals, it should be borne in mind that the HSE might not have a record of a person having a serious medical condition and so, therefore, cannot make contact. This approach provides an opportunity to those individuals who did not complete their review during the defined period due to circumstances relating to their medical condition, e.g., hospitalisation during treatment, change of residence during treatment, to contact the HSE. The HSE envisages that most people, about whom it has information, that qualify for a discretionary card will have been contacted by mid July.

The Government remains committed to the introduction of a universal GP service for the entire population as part of Universal Health Insurance, in line with the Programme for Government. The over 70s will be prioritised in the next phase of the roll-out of free access to GP care, with the subsequent extension of free GP care to the 6-11 year old and then 12-17 year old cohorts.

Medical Card Applications

Ceisteanna (721)

Jack Wall

Ceist:

721. Deputy Jack Wall asked the Minister for Health the position regarding a medical card application in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31674/14]

Amharc ar fhreagra

Freagraí scríofa

The Health Service Executive has been asked to examine this matter and to reply to the Deputy as soon as possible. The Health Service Executive operates the General Medical Services scheme, which includes medical cards and GP visit cards, under the Health Act 1970, as amended. It has established a dedicated contact service for members of the Oireachtas specifically for queries relating to medical cards and GP visit cards, which the Deputy may wish to use for an earlier response. Contact information has issued to Oireachtas members.

Departmental Contracts

Ceisteanna (722)

Brendan Griffin

Ceist:

722. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport if the turnover requirement for contractors will be eased (details supplied); and if he will make a statement on the matter. [30879/14]

Amharc ar fhreagra

Freagraí scríofa

The issue raised is a matter for Irish Rail and I have forwarded the Deputy's question to the company for direct reply.  Please advise my private office if you do not receive a reply within ten working days.  

Road Projects Expenditure

Ceisteanna (723)

John Lyons

Ceist:

723. Deputy John Lyons asked the Minister for Transport, Tourism and Sport if local authorities can recoup the costs of repairs to footpaths and roads under their remit if they are left in a poor state following works by semi-State bodies or private companies; and if he will make a statement on the matter. [31085/14]

Amharc ar fhreagra

Freagraí scríofa

The maintenance and construction of public roads is the statutory responsibility of the relevant road authority, in accordance with the provisions of section 13 of the Roads Act 1993.

Under the Roads Act, a person including a semi-State body or private company must have either lawful authority or the consent of the relevant road authority in order to carry out works on a public road or any part of a public road such as a footpath.

Section 13(10)(a) provides, inter alia,  that a person who, without lawful authority or the consent of a road authority, defaces, damages or excavates a public road, is guilty of an offence.

Section 13(10)(b) provides that a consent under section 13(10(a) may be given by the road authority subject to such conditions, restrictions or requirements as it thinks fit and any person who fails to comply with such conditions, restrictions or requirements is guilty of an offence.

Section 13(10)(c) provides that where a person does anything in contravention of section 13(10)(a), a road authority may, inter alia, remove any defacement, repair any damage or fill in any excavation, and may recover any costs reasonably incurred by it from such person as a simple contract debt in any court of competent jurisdiction.

Driver Licences

Ceisteanna (724)

Maureen O'Sullivan

Ceist:

724. Deputy Maureen O'Sullivan asked the Minister for Transport, Tourism and Sport the avenues that are available to persons who, upon updating their driving licences, find out for the first time there is a driving ban against them, to rectify this situation, especially if it were the case that no correspondence was ever relayed to them from the Garda notifying them of the ban and in view of the fact that this might not be accurate information; and if he will make a statement on the matter. [31392/14]

Amharc ar fhreagra

Freagraí scríofa

There are two means by which a person can be disqualified from driving. Firstly, if convicted for certain road traffic offences in Court, the Judge may disqualify a driver and inform him/her accordingly. Secondly, under road traffic legislation provisions, on accumulation of 12 penalty points a driver is automatically disqualified. Notification of disqualification for exceeding the stipulated points level is conveyed by the National Vehicle Driver File of my Department. Issues arising regarding renewal of driving licences should be referred to the National Driver Licence Service of the Road Safety Authority.

Tourism Promotion

Ceisteanna (725)

Clare Daly

Ceist:

725. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport if his attention has been drawn to the fact that the community tourism initiative for the diaspora has been described as a joint partnership between Bord Fáilte, Irish Public Bodies Insurance and the 34 local authorities under the auspices of the City and County Managers Association; the role, if any, did elected councillors in any of the 34 local authorities have in the initiative; and if he will make a statement on the matter. [31593/14]

Amharc ar fhreagra

Freagraí scríofa

The Community Tourism Diaspora Initiative is a joint partnership between Fáilte Ireland, Irish Public Bodies (IPB) Insurance and the Local Authorities.  It provides an annual fund of €1m over the next three years to support up to 700 local community based events and festivals with the capacity to deepen diaspora links and networks.  

Local Authorities are implementing the initiative at county/city level and are responsible for funds administration including grant applications and awards in accordance with agreed national criteria. It is a matter for Local Authorities themselves to decide what role councillors have in the implementation of the scheme.

Taxi Regulations

Ceisteanna (726)

Robert Troy

Ceist:

726. Deputy Robert Troy asked the Minister for Transport; Tourism and Sport his plans to amend section 14(1) of the Taxi Regulation Act 2013 in relation to the transfer of SPSV licences which came into effect from 6 April 2014 to accommodate drivers who missed the deadline due to extenuating circumstances; if he will acknowledge that there are a number of cases of driver who have been caught by the introduction of this legislation who should have been awarded a process of appeal; and if he will make a statement on the matter. [30678/14]

Amharc ar fhreagra

Freagraí scríofa

I have no plans to amend Section 14(1) of the Taxi Regulation Act.

 Action 14 of the Taxi Regulation Review Report, 2011, recommended the prohibition on the transferability of small public service vehicle (SPSV) licences with effect from 1st October 2012. The Report's recommendations were widely publicised to the industry, including through the National Transport Authority (NTA) website, industry updates and on the various taxi forum websites.

 It was intended that the measure would be introduced with effect from 1st January 2013 by way of regulations to be made by the NTA. However, it was concluded that such a provision would be more appropriate to primary legislation. 

The NTA has responsibility for the regulation of the SPSV sector under the provisions of the Taxi Regulation Act, 2013. This includes responsibility for the licensing of SPSV vehicles and adjudicating on appeals lodged following the commencement of the provision in relation to the prohibition on the transferability of SPSV licences with effect from the 6th April 2014.

Sports Capital Programme Applications

Ceisteanna (727)

Niall Collins

Ceist:

727. Deputy Niall Collins asked the Minister for Transport, Tourism and Sport if he will provide detail of all sports capital programme applications his Department received from County Limerick; the score awarded to each project arising from the assessment process; the criteria then applied to allocate funding; and if he will make a statement on the matter. [30718/14]

Amharc ar fhreagra

Freagraí scríofa

All applications received under the 2014 Sports Capital Programme were assessed by officials in the Department.  Every application was assessed by one official and reviewed by another member of staff. 

Applications were first checked to ensure eligibility and eligible applications were then initially scored against five criteria: 1 likelihood of increasing participation and/or improving performance and sharing of facilities; 2 level of socio-economic disadvantage in the area; 3 technical merits of the project; 4 level of own funding available; 5 level of Sports Capital Programme funding received in the past. These criteria were designed to give higher scores to applications that will increase participation, where facilities will be shared, that were from designated disadvantaged areas, that had not received substantial funding in the past and that were ready to be progressed as soon as possible.

In deciding the final allocations of funding to projects within each country Minister Varadkar and I had regard to a number of factors, including: the performance of each application during the assessment process; ensuring a geographical spread of projects within each county; ensuring an appropriate spread of projects between rural and urban areas within each county; and ensuring that there was a spread of projects among different sports

All applicants have now received details of the outcome of the assessment of their application as follows: where a grant has been allocated, the applicant has been given details of the terms and conditions that must be met to allow the grant to be drawn down; where an application was deemed valid but not funded, applicants has been given a copy of their assessment; and where an applications has been deemed invalid, applicants has been given details of the reason(s) their application was deemed invalid. The specific information sought by the Deputy in relation to applications from County Limerick will be provided to the Deputy directly.

Rail Network

Ceisteanna (728)

Michael McNamara

Ceist:

728. Deputy Michael McNamara asked the Minister for Transport, Tourism and Sport the progress made on developing Crusheen railway station for less than €2 million; if the development of a station at Crusheen is still planned; and if he will make a statement on the matter. [30723/14]

Amharc ar fhreagra

Freagraí scríofa

The lifetime of the Government's current capital investment plan runs to 2016 and with the available funding the priority for heavy rail is to protect the operational network and maintain safety standards, rather than the expansion of the network. The bulk of the funding is required for rail safety and renewal. However the Plan did include funding for new rail stations at Kishogue, Hansfield, Oranmore and Crusheen.  To date Hansfield and Oranmore stations have been opened while planning issues and other delays have hampered progress at both Kishogue and Crusheen.  Capital funding for Irish Rail was also reduced in 2012 to support the emergency funding required by the CIE Group at that time.  This led to a re-prioritisation of the heavy rail capital projects and to a longer delivery time line for some projects including the new rail stations.

Preparatory work on a new government capital investment plan to 2019 has begun. This will involve a focused review of the current plan and take account of investment priorities for the next five years. If additional funds are available over and above what is required to maintain existing assets  there will be many competing transport projects across all modes. Only projects for which there is a clear identifiable need, which are affordable, have a robust business case and add value to existing infrastructure, will be prioritised for funding in the new capital plan.

For this reason Irish Rail have been asked to revisit their current proposals for Crusheen rail stop which have a construction cost in the order of €2 million and see if a lower cost alternative is feasible.

Sports Capital Programme Applications

Ceisteanna (729)

Dara Calleary

Ceist:

729. Deputy Dara Calleary asked the Minister for Transport, Tourism and Sport if he will provide, in tabular form, the number of applications for the 2014 sports capital programme from sporting and community groups in County Mayo; the number of applications that were successful; the number of applications that were deemed unsuccessful; the reason individual applications were unsuccessful; and if he will make a statement on the matter. [30728/14]

Amharc ar fhreagra

Freagraí scríofa

All applications received under the 2014 Sports Capital Programme were assessed by officials in the Department.  Every application was assessed by one official and reviewed by another official.  The information sought by the Deputy is set out as follows.

Number of applications received from County Mayo 85

Number of allocations made 31

Number of applications invalid 25

Number of applications valid but not funded 29

Given the amount of funding sought - over €6.5m from Mayo alone - it was not possible to fund every valid project.  All applicants have now received details of the outcome of the assessment of their application as follows: where a grant has been allocated, the applicant has been given details of the terms and conditions that must be met to allow the grant to be drawn down; where an application was deemed valid but not funded, applicants has been given a copy of their assessment; and where an applications has been deemed invalid, applicants has been given details of the reason(s) their application was deemed invalid.

I do not consider it appropriate to publish details of why individual applications were deemed invalid.    Applications were deemed invalid primarily for one or more of the following reasons: title/access requirements of the Sports Capital Programme not satisfied; insufficient evidence of planning permission, planning application, or exemption from planning; evidence of own funding not provided in prescribed format; or insufficient own funding.

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