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Gnáthamharc

Thursday, 2 Mar 2017

Written Answers Nos. 157 - 179

Economic Policy

Ceisteanna (157)

Bernard Durkan

Ceist:

157. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which those in the public and the private sectors can now benefit from the sacrifices they made in terms of income reduction and longer working hours; the extent to which each section of the economy can expect to be fairly treated in this regard; and if he will make a statement on the matter. [11020/17]

Amharc ar fhreagra

Freagraí scríofa

The Government is committed to increasing public expenditure in a sustainable way and the Programme for a Partnership Government committed to the introduction of budgets that will involve at least a 2:1 split between investment in public spending and tax reductions. In actuality, Budget 2017 introduced a package of €1.3 billion which favours expenditure increases over revenue reductions by over 3:1. This reflects the Government's commitment to rebuilding and investing in public services and will allow expenditure to be increased to meet the additional costs arising from an ageing and growing population and to provide for targeted improvements in public services.

Budget 2017 represents the third consecutive year in which the Government was in a position to allocate significant additional resources to public spending with a €1.9bn increase in Gross Voted Expenditure compared to 2016. This level of investment allowed for the recruitment of additional nurses, doctors, teachers, garda and special needs assistants which will improve public service delivery to citizens, it also funded the Action Plan for Housing, the new single Affordable Childcare Scheme; and a number of increases to Social Welfare rates. This is the third consecutive Budget to increase expenditure in a sustainable fashion.

For public servants, the Lansdowne Road Agreement (LRA), which provides a negotiated pathway for public service pay increases through a phased partial unwinding of the FEMPI measures at a full year cost of €844m in 2018, represents a considerable investment in public service remuneration. A comprehensive Collective Agreement of this kind allows for strong fiscal planning, with budget allocations ring-fenced within multi-annual expenditure ceilings and pay increases taking an appropriate share of available fiscal space.  This phased and sustainable programme of pay increases underpins the fiscal targets in Budget 2017 and our international commitments to a prudent fiscal policy under the Stability and Growth Pact.  In addition, the Public Service Pension Reduction (PSPR) is being significantly reversed in three stages under FEMPI 2015, via substantial restoration of the PSPR cuts on 1 January 2016, 1 January 2017 and 1 January 2018.  The cost of these PSPR changes is estimated at about €90 million on a full-year basis from 2018.

Public Procurement Regulations

Ceisteanna (158)

Bernard Durkan

Ceist:

158. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which public procurement can be utilised to benefit the Exchequer in a meaningful way; and if he will make a statement on the matter. [11021/17]

Amharc ar fhreagra

Freagraí scríofa

Procurement reform is a key element of the Government's overall reform programme and is aimed at delivering increased value for money, more accurate and timely data and improvements in the capacity and capability of the procurement function across the public service.  The fragmented procurement arrangements across the public service which existed prior to this facilitated amongst other things suppliers charging different public service bodies different prices for the same goods and services.  This was not sustainable, as the State could not afford to continue to purchase works, goods and services in a manner that undermined the efficient delivery of services.

All public bodies are keenly aware of the importance of maximising the value for money achievable when procuring any commonly acquired goods or services.  The central procurement frameworks and contracts established by the Office of Government Procurement (OGP) have been designed to optimise benefits to the public service through the strategic aggregation of its buying power.       

Central procurement frameworks are targeted at securing best value for money and facilitating contracting authorities to deliver services within their budgetary constraints. In this regard, public bodies are encouraged to use these frameworks arrangements. The benefits arising from these central procurement frameworks include: cash savings; administrative savings from reduced duplication of tendering; greater purchasing expertise; improved consistency; enhanced service levels and legal certainty.  It is Government policy, as set out in Circular 16/2013, that public bodies, where possible, should make use of all such central arrangements.  Where public bodies choose not to utilise central procurement frameworks they should be in a position to provide a value for money justification.  It should also be noted that the OGP issued Circular 10/2014 which contains initiatives aimed at facilitating SME access to public contracts.

The State spends around €12 billion on goods, works and services each year. This represents a very significant portion of overall spending and it is, therefore, essential that the public service achieves maximum value for money and operational efficiency in its approach to public procurement.  Developing a strategic approach to public procurement means that the state can deliver much needed public service in a sustainable manner at a time when Exchequer resources are limited. 

There is a perception that the move towards aggregation will mean that competitions will be won by larger foreign companies to the detriment of the SME Sector.  While the OGP has stimulated the market, and there will obviously be more losers than winners in any competitive process, this not borne out by the facts to date.  The Public Service Spend and Tendering Analysis Report for 2014, published by the OGP and launched by Minister of State Eoghan Murphy last September, indicates that 95% of the analysed expenditure is with firms with a base in the State and the majority of the spend analysed is with SMEs. In addition the OGP conducted an analysis of the 94 Framework Agreements it had in place last November which shows that 68% of Framework members are SMEs and 63% of the Frameworks had multiple lots, facilitating SME access.

Ireland's procurement reform programme has been successful in establishing new structures and building momentum but, of course, more needs to be done and the OGP, in line with the Programme for Government Commitments, will continue to refine the model.

Finally, I would point out that while the main driving force behind the establishment of the OGP has been the need to deliver better value and sustainable savings for citizens, great care has been taken to ensure this is achieved in a manner that fully recognises the important role SMEs play in the Irish economy and also taking account of wider societal concerns where practical and appropriate.

Question No. 159 answered with Question No. 148.

Public Sector Staff Recruitment

Ceisteanna (160)

Bernard Durkan

Ceist:

160. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which he expects recruitment in specific vital areas of the public sector to become a policy initiative in the future; and if he will make a statement on the matter. [11023/17]

Amharc ar fhreagra

Freagraí scríofa

In my role as Minister for Public Expenditure and Reform, I have overarching policy responsibility for workforce planning in the Civil Service, including recruitment.

The initiation of a recruitment campaign for any particular civil service grade is determined by such factors as identified workforce planning requirements and the need to establish priorities for targeted recruitment into the civil service to meet specific service and skill needs.

As the Deputy will recall in Budget 2015, it was announced that there would be a targeted programme of recruitment into the Civil Service to address service needs and a shortfall in key skills

As the Deputy will be aware a number of open graduate recruitment campaigns have been held in late 2015 and 2016 for Administrative Officer, Junior Diplomat and Trainee Auditor. There have also been open competitions for Executive Officer and Higher Executive officer for people with experience in Information and Communications Technology.  Open Assistant Principal and Principal Officer competitions have also been held.

This ongoing recruitment programme supports Action 8 of the Civil Service Renewal Plan, to "open up recruitment and promotion processes at all levels". Under the Renewal Plan the established policy of open competition for senior management positions (Assistant Principal and higher) has been extended following a hearing at the Civil Service Arbitration Board.

I understand from the Public Appointments Service, who are the independent recruiter for the civil service, that since then in the region of 3,800 civil servants, excluding temporary assignments, have been assigned to Government departments and offices across all general service grades from open competitions. These increases would be offset by people leaving the Civil Service including retirements.

Further consideration will be given throughout 2017 to resourcing and staffing needs for the Civil Service.

Recruitment plans for the public service more generally are a matter, in the first instance, for the Minister with responsibility for each of the relevant sectors of the public service.

National Archives

Ceisteanna (161)

Catherine Murphy

Ceist:

161. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if he will consider establishing a consolidated mechanism for record keeping, in view of the fact that Government Departments, State agencies and the broader public service are responsible for their own off-site file storage and archiving arrangements; and if he will make a statement on the matter. [11063/17]

Amharc ar fhreagra

Freagraí scríofa

In response to the Deputy's question, my Department is working with other Departments and the National Archives to develop a plan to improve record management within the Public Service aiming to assist in the establishment of a coherent and consistent approach to records management.  Over the next three years, we will bring together a number of Departments and agencies to develop a collective approach to records management.  The plan will also focus on the promotion of digital records management aiming to reduce the amount of paper used by Departments and agencies.  My Department developed and deployed an electronic document and records management system last year.  This system is being rolled out to other Departments ensuring a consistent approach to digital records management.

In the context of property rationalisation, the Commissioners of Public Works are reviewing storage requirements of Government Departments with a view to identifying potential options to meet file storage and archiving requirements in a more efficient manner into the future.

Brexit Issues

Ceisteanna (162)

Catherine Murphy

Ceist:

162. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform his Department's role in providing financial assistance to any other Department's Brexit unit; his consideration of the costs associated with each Department's Brexit unit when allocating each Department's annual budget; and if he will make a statement on the matter. [11064/17]

Amharc ar fhreagra

Freagraí scríofa

Dealing with the potential impact of Brexit is a key Government priority and, as the Deputy will be aware, the Government has adopted a whole-of-Government approach to the challenges posed by Brexit, led by the Cabinet Committee on Brexit which the Taoiseach chairs and of which I am a member. These challenges require action both in the short-term and long-term which may have implications for Departmental expenditure allocations.

My Department is responsible for the annual Estimates process culminating in the approval by the Oireachtas of the allocation of resources to Departments consistent with Government priorities.  Where additional resources are required to fund costs relating to Brexit units that cannot be met by reprioritisation of expenditure within existing Departmental allocations, those demands will be considered in the context of the Estimates process.

It should be noted that the Estimates for 2017 saw resources allocated towards areas that may be significantly impacted by Brexit, in particular in our regional and rural communities.

The Department of Agriculture, Food and the Marine will see an increase in its allocation of almost 9%, with, as outlined in the Expenditure Report 2017, funding for the Rural Development Programme set to rise to €601 million in 2017. The increased allocation to the Department of Agriculture, Food and the Marine also allows for continued investment in Foodwise 2025 to aid the development of Ireland's agrifood sector.

Funding provided to the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs will help fund the Action Plan on Rural Development.

Based on the objective to grow the number of jobs supported by the enterprise agencies, additional resources have been provided for Enterprise Ireland and the IDA specifically to help enterprises to deal with the impact of Brexit.

In the longer term, a sustainable approach to delivering public services and investing in infrastructure requires ongoing critical examination of spending to maximise efficiency and effectiveness and to help ensure that resources are being targeted where they are most needed. This examination is being undertaken through a Spending Review now underway. The design of this year's Spending Review reflects the prevailing economic and fiscal context and challenges.

A review of the Capital Plan is also now underway and seeks to ensure that capital spending is strictly aligned with national economic and social priorities, consistent with the Programme for a Partnership Government objectives. This includes examining how available capital funds can best be allocated to underpin sustainable medium-term economic growth and future growth potential, in light of recent developments since the Plan was published, including Brexit. 

Brexit Issues

Ceisteanna (163)

Catherine Murphy

Ceist:

163. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the costs associated with his Department's Brexit unit; the number of staff allocated to that unit; and if he will make a statement on the matter. [11065/17]

Amharc ar fhreagra

Freagraí scríofa

Brexit issues in my Department are co-ordinated centrally by the Department's EU/North South/Brexit Unit. The Unit oversees Brexit work across the Department and acts as the contact point with the Department of the Taoiseach and other Government Departments.  It is represented on the Inter-Departmental Group on Brexit and related groups, and supports me in my work as a member of the Cabinet Committee on Brexit.  Brexit issues are also addressed by staff in relevant areas across the Department.

Legislative Measures

Ceisteanna (164)

Mick Wallace

Ceist:

164. Deputy Mick Wallace asked the Minister for Public Expenditure and Reform the status of the Public Sector Standards Bill 2015; and if he will make a statement on the matter. [11070/17]

Amharc ar fhreagra

Freagraí scríofa

The Public Sector Standards Bill 2015 was published on 23rd December 2015, and completed Second Stage in the Dáil on 20th January 2016. I expect that it will recommence at committee stage in the Dáil in early April with a view to enactment before the summer.

This Bill aims to significantly enhance the existing framework for identifying, disclosing and managing conflicts of interest and minimising corruption risks, to achieve a shift towards a more dynamic and risk-based system of compliance and to ensure that the institutional framework for oversight, investigation and enforcement is robust and effective. This Bill consolidates the current legislative framework governing the ethical obligations of public officials and gives effect to the recommendations of the Tribunals.

Legislative Process RIA

Ceisteanna (165, 166)

Niall Collins

Ceist:

165. Deputy Niall Collins asked the Minister for Public Expenditure and Reform the legislative proposals published by his Department between 2011 and 2016, inclusive, that underwent a regulatory impact assessment; the legislative proposals published by his Department that did not undergo a regulatory impact assessment; and if he will make a statement on the matter. [11157/17]

Amharc ar fhreagra

Niall Collins

Ceist:

166. Deputy Niall Collins asked the Minister for Public Expenditure and Reform if regulatory impact assessments for legislative proposals published by his Department include impacts (details supplied); the impact categories not included; and if he will make a statement on the matter. [11172/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 165 and 166 together.

In response to the Deputy's questions, the following table outlines the Bills published by my Department since it was established in 2011 and indicates whether a regulatory impact assessment was conducted.

No.

Description

Regulatory Impact Assessment

1

Ministers and Secretaries (Amendment) Act 2011

No

2

Appropriation Act 2011

No

3

Financial Emergency Measures in the Public Interest (Amendment) Act 2011

No

4

Statute Law Revision Act 2012

Yes

5

Public Service Pensions (Single Scheme and Other Provisions) Act 2012

No

6

Ombudsman (Amendment) Act 2012

No

7

Appropriation Act 2012

No

8

Houses of the Oireachtas Commission (Amendment) (No. 2) Act 2012

No

9

Houses of the Oireachtas Commission (Amendment) Act 2013

No

10

National Lottery Act 2013

No

11

Financial Emergency Measures in the Public Interest Act 2013

No

12

Ministers and Secretaries (Amendment) Act 2013

No

13

Houses of the Oireachtas (Inquiries, Privilege and Procedures) Act

No

14

Construction Contracts Act 2013

Yes

15

Appropriation Act 2013

No

16

Public Service Management (Recruitment and Appointments)(Amendment) Act 2013 

No

17

Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014

No

18

Protected Disclosures Act 2014

Yes

19

Freedom of Information Act 2014

Yes

20

Appropriation Act 2014

No

21

Regulation of Lobbying Act 2015

Yes

22

Valuation (Amendment) Act 2015

No

23

Statute Law Revision Act 2015

Yes

24

Houses of the Oireachtas (Appointments to Certain Offices) Act 2015

No

25

Financial Emergency Measures in the Public Interest (Amendment) Act 2015

Yes

26

Public Sector Standards Bill 2015

Yes

27

Appropriation Act 2015

No

28

Houses of the Oireachtas Commission (Amendment) Act 2015 

No

29

Statute Law Revision Bill (No. 2) 2015

No

30

National Shared Services Office Bill

Yes

31

Appropriation Act 2016

No

The Regulatory Impact Assessments for legislative proposals published by my Department were outlined in the reply to PQ 9426 on 23 February, 2017:

Name of Bill / Act

Website Address

Protected Disclosures Act 2014

www.per.gov.ie/wp-content/uploads/Protected-Disclosures-Bill-2013-Regulatory-Impact-Assessment.pdf

Freedom of Information Act 2014

www.per.gov.ie/wp-content/uploads/RIA-FOI.pdf

Regulation of Lobbying Act 2015

www.per.gov.ie/en/regulation-of-lobbying/

Public Sector Standards Bill 2015

www.per.gov.ie/en/public-sector-standards-bill/

The factors outlined in the question were considered while conducting the regulatory impact assessments in relation to the Protected Disclosures Act 2014, Freedom of Information Act 2014 and the Public Sector Standards Bill 2015.  The regulatory impact analysis for the Regulation of Lobbying Act 2014 did not include the factors outlined in the question.  The impact of the legislation was evaluated in terms of being fair and balanced to all parties and the disclosure of information being proportionate not giving rise to an onerous administrative burden for lobbyists. 

While a formal process of regulatory impact analysis was carried out on the above mentioned Acts, the principle of proportionate analysis and significance of the planned legislative change is always applied, and comprehensive analysis is carried out to ensure that policy options are explored and alternatives considered.

Cultural Policy

Ceisteanna (167)

Richard Boyd Barrett

Ceist:

167. Deputy Richard Boyd Barrett asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs her plans to increase funding to achieve the aims of Creative Ireland. [10804/17]

Amharc ar fhreagra

Freagraí scríofa

The Taoiseach and I launched the Creative Ireland Programme/Clár Éire Ildánach 2017 – 2022 on the 8 December 2016 as the Government Legacy Programme for Ireland 2016 and as the main implementation vehicle for the priorities identified in Culture 2025/ Éire Ildánach, the draft cultural policy which I published in July 2016.

In Budget 2017, I secured €5m to commence implementation of the Creative Ireland Programme which includes an ambitious plan to deliver 10 major initiatives by the end of this year, further details of which are available on http://creative.ireland.ie.

Budget 2017 also includes:

- an additional €5m for the Arts Council

- an additional €2m for the Irish Film Board

- increased funding for all of the National Cultural Institutions;

- an increase of €1 million for Culture Ireland;

- an additional €1 million to the Heritage Council

All of this represents real and substantial funding increases across the arts and cultural area and has been welcomed across the sector.

It re-affirms the commitment of this Government to progressively increase funding for the arts as the economy improves, as set out in the Programme for a Partnership Government.

Post Office Network

Ceisteanna (168)

Brendan Smith

Ceist:

168. Deputy Brendan Smith asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs her plans to implement the recommendations in a report (details supplied); and if she will make a statement on the matter. [10818/17]

Amharc ar fhreagra

Freagraí scríofa

The report in question was published in January 2016 and made a number of recommendations to support the future sustainability of post offices.

Two Working Groups were established to progress the recommendations. The first Group examined issues such as the number and spatial distribution of post offices, branch modernisation, the streamlining of products and services, postmaster payments and contracts, and training and qualifications for post office employees. Arising out of the Group’s work, a report was submitted to An Post for their consideration on 23 December 2016.

A separate Working Group was established to identify potential models under which the post offices could act as community hubs, especially in rural areas. This Group has completed its work and I will report to Government shortly on its findings.

Arts Funding

Ceisteanna (169)

Brendan Griffin

Ceist:

169. Deputy Brendan Griffin asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the reason a facility (details supplied) in County Kerry did not qualify for capital funding; and if she will make a statement on the matter. [10873/17]

Amharc ar fhreagra

Freagraí scríofa

The Arts and Culture Capital Scheme was considerably over-subscribed. The Department received 106 applications in total under Stream 1 and 2 seeking total funding of over €20m with eligible requests for funding totalling over €14.6m.

A total of 56 projects were selected for funding of €9m based on the detailed selection criteria and eligibility requirements which were published in the Guidelines of the Scheme.

Unfortunately the application to which the Deputy refers did not attain a sufficiently high score relative to those of other projects to be offered funding. My Department has written to inform the project promoter of the Stream 3 small capital grant scheme for arts and cultural facilities which I will be announcing shortly.

National Parks

Ceisteanna (170)

Michael Healy-Rae

Ceist:

170. Deputy Michael Healy-Rae asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs her plans for the recruitment of rangers in Killarney National Park (details supplied); and if she will make a statement on the matter. [10970/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised that my Department is currently working with the Public Appointments Service (PAS) to create a Conservation Ranger panel. The campaign was advertised by PAS on 11 November 2016, on www.publicjobs.ie, and was open for applications until 1 December. I expect that a panel will be available shortly from which appointments will be made across the country, taking account of available financial resources to meet pay costs in the context of Government policy on public sector pay and staffing, as advised by the Department of Public Expenditure and Reform.

I am further advised that my Department has recently filled 4 permanent posts at other grades in Killarney National Park.

Rural Development Plan

Ceisteanna (171)

Dara Calleary

Ceist:

171. Deputy Dara Calleary asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the details of the Action Plan for Rural Development; the projects that will be eligible for the scheme; if structural refurbishment of existing business premises such as bed and breakfasts will be included in the scheme; and if she will make a statement on the matter. [11117/17]

Amharc ar fhreagra

Freagraí scríofa

The Action Plan for Rural Development was launched on 23 January this year and includes many schemes and programmes for implementation across a range of Government Departments, State agencies and other organisations over the next three years.

I assume the Deputy's question refers to the Town and Village Renewal Scheme which comes under my Department's remit. I have secured funding of €12 million for the scheme this year. The first phase of the scheme will be launched shortly, with a focus on improving the economic development of our towns and villages. Full details of the scheme and the application process will be made available when the scheme is launched.

As a second phase of the Town and Village Renewal scheme this year, I intend to launch a pilot project to encourage residential occupancy in rural towns and villages. This scheme will be targeted at owner-occupiers and will not be available for commercial enterprises. I do not anticipate, therefore, that bed and breakfast establishments will be included in the scheme.

This pilot will be launched separately in the second half of the year, when details of the scheme have been finalised in consultation with relevant Departments. Full details of the criteria to apply will be announced when the pilot is launched.

Legislative Process RIA

Ceisteanna (172, 173)

Niall Collins

Ceist:

172. Deputy Niall Collins asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the legislative proposals published by her Department between 2011 and 2016, inclusive, that underwent a regulatory impact assessment; the legislative proposals published by her Department that did not undergo a regulatory impact assessment; and if she will make a statement on the matter. [11146/17]

Amharc ar fhreagra

Niall Collins

Ceist:

173. Deputy Niall Collins asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if regulatory impact assessments for legislative proposals published by her Department include impacts (details supplied); the impact categories not included; and if she will make a statement on the matter. [11161/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 172 and 173 together.

As I informed the House in my response to Parliamentary Question No. 284 of 23 February, my Department carried out Regulatory Impact Assessments in respect of the Amendment of the National Archives Act 1986 (October 2014) and the Implementation of De-designation Proposals of the Review of Raised Bog Natural Heritage Area Network under the Wildlife (Amendment) Bill (July 2016).

The Regulatory Impact Assessments carried out in respect of these, including details of impacts, are available at:

www.ahrrga.gov.ie/app/uploads/2017/02/regulatory-impact-analysis-20-year-rule.pdf and www.ahrrga.gov.ie/app/uploads/2016/08/review-of-raised-bog-nha-network-ria-2016.pdf

Regulatory impact assessments were not undertaken in the following cases:

- Irish Film Board (Amendment) Bill 2011 (since enacted as the Irish Film Board (Amendment) Act 2011);

- Bille na Gaeltachta 2012/Gaeltacht Bill 2012 (since enacted as the Acht na Gaeltachta 2012/Gaeltacht Act 2012);

- Wildlife (Amendment) Bill 2012 (since enacted as the Wildlife (Amendment) Act 2012); and

- National Cultural Institutions (National Concert Hall) Bill 2015 (since enacted as the National Cultural Institutions (National Concert Hall) Act 2015).

- Heritage Bill 2016.

Finally, the European Communities (Bird and Natural Habitats) Regulations were introduced in 2011. These Regulations consolidated and updated the European Communities (Natural Habitats) Regulations of 1997 to comprehend both existing amendments to the Regulations, as well as rulings by the European Court of Justice in relation to a number of provisions under the EU Birds and Habitats Directives. As neither the EU Directives nor the Regulations introduced new provisions, the draft Regulations of 2011 did not undergo a formal Regulatory Impact Analysis. My Department, did, however, consult widely on the draft Regulations, including all Government Department, bodies under their aegis, and relevant statutory bodies.

Primary Medical Certificates Applications

Ceisteanna (174)

Niamh Smyth

Ceist:

174. Deputy Niamh Smyth asked the Minister for Health the reason a person (details supplied) has not been granted a primary medical certificate. [10845/17]

Amharc ar fhreagra

Freagraí scríofa

In order to qualify for the Revenue Commissioners' Drivers and Passengers with Disabilities Tax Relief Scheme, an applicant must be permanently and severely disabled within the terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations Act 1994 and be in possession of a Primary Medical Certificate. Applications for Primary Medical Certificates are processed through the Health Service Executive (HSE) Local Health Offices.

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

Cross-Border Health Services Provision

Ceisteanna (175)

Michael McGrath

Ceist:

175. Deputy Michael McGrath asked the Minister for Health the status of a refund for a person (details supplied); and when payment will issue. [10776/17]

Amharc ar fhreagra

Freagraí scríofa

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

The Health Service Executive operates the EU Directive on Patients’ Rights in Cross Border Healthcare in Ireland. In line with practice in other EU Member States, the HSE, through the National Contact Point (NCP) office, provides information for patients on the Cross-Border Directive on its website - www.hse.ie/eng/services/list/1/schemes/cbd/ - and also by phone. The principal function of the NCP (which is the mechanism specified under the Directive for the dissemination of information on the Directive by Member States) is to facilitate exchange of information for patients concerning their rights and entitlements relating to receiving healthcare in another Member State, in particular the terms and conditions for reimbursement of cost and the procedures for accessing and determining those entitlements.

The Health Service Executive has been asked to examine this matter and to reply to the Deputy as soon as possible.

Medicinal Products Availability

Ceisteanna (176)

Michael Healy-Rae

Ceist:

176. Deputy Michael Healy-Rae asked the Minister for Health his views on a matter (details supplied) regarding Respreeza; and if he will make a statement on the matter. [10778/17]

Amharc ar fhreagra

Freagraí scríofa

The HSE has statutory responsibility for decisions on pricing and reimbursement of medicines under the community drugs schemes, in accordance with the Health (Pricing and Supply of Medical Goods) Act 2013.

In reaching its decision, the HSE examines all the evidence which may be relevant in its view for the decision (including the information /dossier submitted by the Company) and will take into account such expert opinions and recommendations which may have been sought by the HSE at its sole discretion (for example, from the National Centre for Pharmacoeconomics).

In considering an application, the HSE will also have regard to Part 1 and Part 3 of Schedule 3 of the 2013 Act. Part 3 requires the HSE to have regard to the following criteria:

1. the health needs of the public;

2. the cost-effectiveness of meeting health needs by supplying the item concerned rather than providing other health services;

3. the availability and suitability of items for supply or reimbursement;

4. the proposed costs, benefits and risks of the item or listed item relative to therapeutically similar items or listed items provided in other health service settings and the level of certainty in relation to the evidence of those costs, benefits and risks;

5. the potential or actual budget impact of the item or listed item;

6. the clinical need for the item or listed item;

7. the appropriate level of clinical supervision required in relation to the item to ensure patient safety;

8. the efficacy (performance in trial), effectiveness (performance in real situations) and added therapeutic benefit against existing standards of treatment (how much better it treats a condition than existing therapies); and

9. the resources available to the HSE.

I am informed that the HSE received a request and economic dossier from the manufacturer of Respreeza for maintenance treatment of emphysema in adults with documented severe alpha1-proteinase inhibitor deficiency.

In June of last year the HSE asked the NCPE to carry out a health technology assessment on the cost effectiveness of this treatment. The NCPE completed its assessment and made a recommendation on 9 December 2016. The NCPE determined that the manufacturer failed to demonstrate cost-effectiveness of the drug and did not recommend it for reimbursement.

A summary of the health technology assessment has been published on the NCPE website and is available at: http://www.ncpe.ie/wp-content/uploads/2016/02/NCPE-website-summary_Final.pdf .

The HSE considers the NCPE assessment, and other expert advice, as part of its decision-making process for reimbursement and is made on objective, scientific and economic grounds by the HSE in line with the 2013 Act.

The HSE has confirmed that the drug Respreeza was considered by HSE Drugs Group which did not make a recommendation for reimbursement on clinical grounds. The HSE Leadership team has accepted the Drugs Group recommendation of non-reimbursement.

Under the HSE statutory assessment process the HSE is required to set out a notice of any proposed decision to an applicant company. The HSE is legally required to provide at least a 28 days period (from the formal written notice of proposal) to enable the pharmaceutical company to consider any such proposal not to reimburse and to make representations to the HSE if it wishes to do so. The HSE is legally required to consider any such representations in advance of a formal decision.

Therefore as the statutory process is still on-going the Company has an opportunity to have further discussions with the HSE.

In relation to the compassionate access scheme operated by the manufacturer, CSL Behring, I note and welcome the decision of the Company to extend the scheme by a further two months. However it is important to point out that the operation of such compassionate schemes is at the discretion of manufacturers. I as Minister for Health have no role in the operation of these schemes. There is no provision in Irish legislation for the approval of compassionate use programmes for specific groups of patients with an unmet medical need.

I have previously said that any attempts by manufacturers to link continued access for patients already being treated with a new medicine with decisions under the statutory reimbursement process is both inappropriate and unethical. Manufacturers should operate such schemes in a compassionate and not a commercially-motivated manner.

My office replied directly to the Deputy setting out the position on this issue on 28 February 2017.

Hospital Procedures

Ceisteanna (177)

Bernard Durkan

Ceist:

177. Deputy Bernard J. Durkan asked the Minister for Health if assurance will be given that an orthopaedic operation on 24 March 2017 will not be postponed in the case of a person (detail supplied); and if he will make a statement on the matter. [10782/17]

Amharc ar fhreagra

Freagraí scríofa

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

The scheduling of appointments for patients is a matter for the hospital to which the patient has been referred. Should a patient's general practitioner consider that the patient's condition warrants an earlier appointment, he or she should take the matter up with the consultant and the hospital involved. In relation to the specific case raised, I have asked the HSE to respond to you directly.

Child Abuse

Ceisteanna (178)

Peadar Tóibín

Ceist:

178. Deputy Peadar Tóibín asked the Minister for Health the number of allegations of child abuse received by the Health Service Executive; the number of cases referred for prosecution; the number of cases that were deemed to be unfounded; and the number of cases of false reporting referred for prosecution under section 5 of the Protection for Persons Reporting Child Abuse Act 1998, each year after that Act was signed into law and before the responsibility for dealing with allegations of child abuse was transferred to Tusla. [10786/17]

Amharc ar fhreagra

Freagraí scríofa

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

Hospital Facilities

Ceisteanna (179)

Jan O'Sullivan

Ceist:

179. Deputy Jan O'Sullivan asked the Minister for Health the HSE's future plans for the laundry department at Our Lady of Lourdes Hospital; and if he will make a statement on the matter. [10792/17]

Amharc ar fhreagra

Freagraí scríofa

In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to you directly.

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