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Thursday, 9 Oct 2014

Written Answers Nos 105-116

Public Sector Staff Data

Ceisteanna (105, 106)

Joe Higgins

Ceist:

105. Deputy Joe Higgins asked the Minister for Children and Youth Affairs the number of temporary contracts in place for the public sector as a whole including State agencies and other public bodies under the remit of his Department; and if he will make a statement on the matter. [38824/14]

Amharc ar fhreagra

Joe Higgins

Ceist:

106. Deputy Joe Higgins asked the Minister for Children and Youth Affairs the number of contracts of indefinite duration that have been sought and the number that have been granted in the years 2007, 2008, 2009, 2010, 2011, 2012, 2013 and to date in 2014 in the public sector under the remit of his Department; and if he will make a statement on the matter. [38835/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 105 and 106 together.

There are ten staff members on temporary or other non-permanent contracts in my Department at present. Six of these are Ministerial appointments and each of these six contracts is coterminous with my appointment as Minister. In addition to these, my Department is currently employing three temporary clerical officers for project work as well as one work placement contracted under the Willing, Able and Mentoring Programme.

Since its establishment in June 2011, my Department has not granted any contracts of indefinite duration nor have any such contracts been sought.

My Department does not generally hold information relating to individual employees of the various agencies operating under the Department's remit, including the number of temporary contracts or contracts of indefinite duration sought or in place in the agencies. Accordingly, the information requested by the Deputy is not readily available. Officials of my Department have requested that the specific information requested be supplied directly to you by the agencies involved.

Tobacco Control Measures

Ceisteanna (107, 108, 109, 110, 135)

Terence Flanagan

Ceist:

107. Deputy Terence Flanagan asked the Minister for Health if his attention has been drawn to issues (details supplied) regarding the Public Health (Standardised Packaging of Tobacco) Bill 2014; and if he will make a statement on the matter. [38651/14]

Amharc ar fhreagra

Terence Flanagan

Ceist:

108. Deputy Terence Flanagan asked the Minister for Health if his attention has been drawn to issues (details supplied) regarding the Public Health (Standardised Packaging of Tobacco) Bill 2014; and if he will make a statement on the matter. [38652/14]

Amharc ar fhreagra

Terence Flanagan

Ceist:

109. Deputy Terence Flanagan asked the Minister for Health if his attention has been drawn to issues (details supplied) regarding the Public Health (Standardised Packaging of Tobacco) Bill 2014; and if he will make a statement on the matter. [38653/14]

Amharc ar fhreagra

Terence Flanagan

Ceist:

110. Deputy Terence Flanagan asked the Minister for Health if his attention has been drawn to issues (details supplied) regarding the Public Health (Standardised Packaging of Tobacco) Bill 2014. [38654/14]

Amharc ar fhreagra

Terence Flanagan

Ceist:

135. Deputy Terence Flanagan asked the Minister for Health if he will provide details regarding the Public Health (Standardised Packaging of Tobacco) Bill 2014 (details supplied); and if he will make a statement on the matter. [38650/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 107 to 110, inclusive, and 135 together.

As the Deputy will be aware, Government approval was received on 19 November 2013 to proceed with drafting the Public Health (Standardised Packaging of Tobacco) Bill 2013. The legislation has now been passed by the Seanad and Second Stage of the Bill concluded in the Dáil last week.

As the Deputy will also be aware, on 17 June 2014, the Bill was formally notified to the Commission and to Member States under the EU Technical Standards Directive (98/34/EC) and the Tobacco Products Directive (2014/40/EU). On the same date, formal notification was made to the World Trade Organisation under the Technical Barriers to Trade Agreement under the Technical Standards process. The Commission and Member States had until 18 September to comment or provide detailed opinions on the proposed measures. As the Deputy has noted, detailed opinions on the proposed measures have been received from a number of Member States. For this reason, the standstill period has increased by another three months, i.e. until 18 December 2014. The legislative process cannot continue until after this standstill period.

As the detailed opinions issued by the Member States in question cannot be released for publication, I do not propose to discuss their contents at this time. Ireland is now obliged to respond to the Commission in relation to the issues raised in the detailed opinions. These documents are currently being considered by officials in my Department.

Tobacco Control Measures

Ceisteanna (111, 112, 136)

Terence Flanagan

Ceist:

111. Deputy Terence Flanagan asked the Minister for Health if he has read the recent position paper (details supplied); and if he will make a statement on the matter. [38656/14]

Amharc ar fhreagra

Terence Flanagan

Ceist:

112. Deputy Terence Flanagan asked the Minister for Health if he is satisfied with the views of the American Chamber of Commerce to the EU that trademarks are universally recognised as rights of property, conferring also the right to use such a property, and the right to registration should not be dependent in any way on the nature of the product, and his views that trademarks should not be subjected to unjustified restrictions on their use; and if he will make a statement on the matter. [38657/14]

Amharc ar fhreagra

Terence Flanagan

Ceist:

136. Deputy Terence Flanagan asked the Minister for Health if he has read a recent position paper (details supplied); and if he will make a statement on the matter. [38655/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 111, 112 and 136 together.

I am fully aware that there will be a range of interests which will oppose the introduction of the Public Health (Standardised Packaging of Tobacco) Bill. However, as the Deputy will be aware, Government approval was received on 19 November 2013 to proceed with drafting the Public Health (Standardised Packaging of Tobacco) Bill 2013. The legislation has now been passed by the Seanad and Second Stage concluded in the Dáil last week.

Standardised packaging, also known as plain or generic packaging, means that all forms of branding – trademarks, logos, colours and graphics – would be removed from retail tobacco packaging, except for the brand and variant names, which would be presented in a uniform typeface for all brands on the market. All packs would be in a plain neutral colour, except for the mandatory health warnings and the tax stamp. This measure is considered proportionate from a public health perspective.

The Deputy refers to the position of the American Chamber of Commerce as presented to the EU in relation to trademarks as being universally recognised as rights of property conferring the right to use such a property, the right to registration of which should not be dependent in any way on the nature of the product, and should not be subjected to unjustified restrictions on their use.

A trade mark is the means by which a business identifies its goods or services and distinguishes them from the goods and services supplied by other businesses. The main purpose of trade mark law is to protect the rights holders’ investment in the reputation of his goods and services and to assist the consumer in differentiating among competing goods and services in the marketplace.

The importance of trademarks cannot be understated and Ireland is recognised as having a robust legal framework in place to support this property right. In particular, trade marks have been protected under a number of European and international laws where well-respected principles were established, including the Paris Convention for the protection of Industrial Property dating from 1883 and, the Trade-Related Aspects of Intellectual Property rights Agreement of 1994 (TRIPs). The TRIPs Agreement introduced intellectual property (IP) into the international trading system for the first time and remains the most comprehensive international agreement on intellectual property to date.

However, whether at international or domestic level, trade mark rights are not, of themselves, absolute rights and States are permitted to apply derogations that allow for the suspension of part of the legal obligation which can operate to restrict some rights under certain circumstances such as in the pursuit of broader compelling public policy reasons or for greater public interest considerations. The Irish Constitution likewise recognises that the State may delimit by law the exercise of property rights where required by the common good.

This Government continues to focus on ensuring that Ireland’s intellectual property regime, including its trademark regime compares favourably with best international practice and to work to further reinforce Ireland’s reputation as a country where strong intellectual property rights play a crucial role.

Finally, I would like to point out to the Deputy that tobacco consumption is today the greatest single cause of preventable illness and premature death in Ireland, killing over 5,200 people a year; that smokers die on average 10 years sooner than non-smokers; that one in every two children who experiment with cigarettes goes on to become a smoker, and that one in every two of them will die from a tobacco related disease. In this context, the priority is to reduce the consumption of tobacco across the board, to meet our policy target of making Ireland tobacco free (i.e. with a smoking prevalence rate of less than 5%) by 2025.

Services for People with Disabilities

Ceisteanna (113)

Róisín Shortall

Ceist:

113. Deputy Róisín Shortall asked the Minister for Health if his attention has been drawn to shortages in therapy services for students in special schools; and her plans to ensure an adequate level of such support services. [38810/14]

Amharc ar fhreagra

Freagraí scríofa

The Health Service Executive has recognised the need to increase the level of consistency and standardisation in the way services for children with disabilities are delivered. It is currently engaged in a reconfiguration of existing therapy resources to multi-disciplinary geographic based teams for children as part of its National Programme on Progressing Disability Services for Children and Young People (0-18 years). This aims to ensure that there is:

- One clear pathway to services for all children with disabilities according to need.

- Resources used to the greatest benefit for all children and families, and

- Health and Education working together to support children to achieve their potential

The HSE is working very closely with stakeholders including those in the education sector in the development of the Programme, to ensure that, from the children's and parents' perspective, the services provided by each sector in so far as possible are integrated. While the Programme supports the principle of providing access to mainstream education where appropriate, it also recognises the important continuing role of special schools.

An additional €4m has been specifically allocated in 2014 to drive implementation of the Programme which equates to approximately 80 therapy posts.

Medical Card Delays

Ceisteanna (114)

Thomas Pringle

Ceist:

114. Deputy Thomas Pringle asked the Minister for Health the reason for the delay in awarding a medical card in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [38543/14]

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 Delays

Ceisteanna (115)

Thomas Pringle

Ceist:

115. Deputy Thomas Pringle asked the Minister for Health the reason for the delay in awarding a medical card in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [38544/14]

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.

Hospital Appointments Administration

Ceisteanna (116)

Patrick O'Donovan

Ceist:

116. Deputy Patrick O'Donovan asked the Minister for Health when a person (details supplied) in County Wexford will receive an appointment for a consultation and surgery; and if he will make a statement on the matter. [38571/14]

Amharc ar fhreagra

Freagraí scríofa

As this is a service matter, I have asked the HSE to respond directly to the Deputy.

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