Written Answers Nos. 238-252
238. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation her plans to review the Construction Contracts Act 2013 for the purpose of enhancing payment protections for subcontractors; and if she will make a statement on the matter. [38701/18]
Amharc ar fhreagraThe Construction Contracts Act, 2013 came into force for certain construction contracts entered into after the 25th July 2016. The Act applies to both written and oral construction contracts, although some do not fall within its remit, for example, if the value of a contract is not more than €10,000. The purpose of the legislation is to provide new legal rights and obligations on the parties to a construction contract. The Act imposes minimum contractual provisions in relation to payments, particularly the timing of payments and the parties to a relevant construction contract cannot opt out of the provisions of the legislation. The Act also prohibits the practice of ‘pay when paid’, except in the circumstance of a third party to a contract becoming insolvent.
The Act provides specific deadlines for a subcontractor to submit payment claim notices. On receipt of same, payment must be made to a subcontractor within 30 days. If a subcontractor is not paid the amount due under the contract in full and within 30 days, s/he has the right to suspend work until full payment is made. In addition, a subcontractor also has the right to refer such a payment dispute to adjudication.
The Act therefore provides important statutory protections for subcontractors in the construction industry. For it to achieve its intended purpose, it is important that subcontractors exercise their rights under the legislation to ensure they receive full payment for work carried out under a construction contract.
My Department will continue both to monitor the effectiveness of the legislation and to consult with key construction sector stakeholders as to its ongoing impact.
239. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the number of applications for the appointment of an adjudicator received by the Construction Contracts Adjudication Service in 2016, 2017 and to date in 2018; the number of these adjudicators appointed; and if she will make a statement on the matter. [38702/18]
Amharc ar fhreagraThe Construction Contracts Act, 2013 came into force for certain construction contracts entered into after the 25th July 2016. The Act provides for, inter alia, access to statutory adjudication as a means to resolve payment disputes that arise under applicable construction contracts. Either party to a construction contract may refer a payment dispute for adjudication. If the parties cannot agree on whom to appoint as Adjudicator, a party may apply to the Chairperson of the Ministerial appointed Panel of Adjudicators to select an Adjudicator from the Panel to the payment dispute. These applications under section 6(4) of the Construction Contract Act, 2013 are processed by the Construction Contracts Adjudication Service of my Department and the number of applications received together with the number of Adjudicators appointed, are set out in the following table.
|
Applications |
2016 |
2017 |
2018 to date |
|
Number of applications for appointment of Adjudicator |
1 |
1 |
13 |
|
Number of Adjudicators appointed |
0 |
1 |
11 |
240. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation when the second annual report of the implementation of the Construction Contracts Act 2013 will be published; and if she will make a statement on the matter. [38730/18]
Amharc ar fhreagraI have received the second annual report on the implementation of the Construction Contracts Act, 2013 from the Chairperson of the Construction Contracts Adjudication Panel and it will be published shortly by my Department.
241. Deputy John Brassil asked the Minister for Health his plans to introduce a scheme to incentivise homeowners residing in nursing homes and availing of the fair deal scheme to rent out vacant family homes in order to get the them back into the housing market to address shortfalls in the rental market; and if he will make a statement on the matter. [38293/18]
Amharc ar fhreagraUnder NHSS rental income is considered income for the purpose of the financial assessment, and is assessed at 80% less any allowable deductions. Allowable deductions include income tax and, therefore, any income tax arising from rental income should be deducted; other deductions include some health expenses, levies required by law to be paid, and interest on some loans in respect of a person’s principal private residence.
Action 17 of the Strategy for the Rental Sector commits the Department of Housing, Planning, and Local Government (DHPLG) to examine the treatment, under the Nursing Homes Support Scheme's financial assessment, of income from the rental of a person's principal private residence where they move into long term residential care. My officials are working with DHPLG officials and examining a number of possible options. I am not in a position, however, to provide detail on these as discussions are ongoing and any potential proposals have not been finalised.
242. Deputy Clare Daly asked the Minister for Health if all psychologists and social workers working in an organisation (details supplied) have specialist training in forensic interviewing techniques and child sexual abuse; and if he will make a statement on the matter. [38680/18]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to you directly, as soon as possible.
243. Deputy Clare Daly asked the Minister for Health if an audit of the quality and reliability of the findings of an organisation (details supplied) has ever been carried out; if so, when; and the person or body that carried out the audit. [38683/18]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to you directly, as soon as possible.
244. Deputy Eamon Scanlon asked the Minister for Health when a person (details supplied) will receive an appointment for CAMHS in CHO1; and if he will make a statement on the matter. [38270/18]
Amharc ar fhreagraAs this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
245. Deputy Charlie McConalogue asked the Minister for Health the status of the appointment of a consultant (details supplied); and if he will make a statement on the matter. [38271/18]
Amharc ar fhreagraIn relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to the Deputy directly.
246. Deputy Maureen O'Sullivan asked the Minister for Health the facilities available in Ballymun for persons who are struggling with mental health (details supplied); and if he will make a statement on the matter. [38281/18]
Amharc ar fhreagraAs this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
247. Deputy Michael Healy-Rae asked the Minister for Health the status of an operation for a person (details supplied); and if he will make a statement on the matter. [38284/18]
Amharc ar fhreagraUnder 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 National Waiting List Management Policy, a standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, since January 2014, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the HSE, sets out the processes that hospitals are to implement to manage waiting lists.
In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to the Deputy directly.
248. Deputy Fergus O'Dowd asked the Minister for Health the current and future investment plans for St. Joseph's Hospital, Ardee and other relevant details; and if he will make a statement on the matter. [38285/18]
Amharc ar fhreagraAs the Health Service Executive is responsible for the delivery of healthcare infrastructure projects, I have asked the HSE to respond to you directly in relation to this matter.
249. Deputy Michael Healy-Rae asked the Minister for Health the status of an operation for a person (details supplied); and if he will make a statement on the matter. [38286/18]
Amharc ar fhreagraUnder 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 National Waiting List Management Policy, a standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, since January 2014, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the HSE, sets out the processes that hospitals are to implement to manage waiting lists.
In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to the Deputy directly.
250. Deputy Barry Cowen asked the Minister for Health the estimated average cost per patient per year of caring for a patient in a section 39 hospice; and if he will make a statement on the matter. [38288/18]
Amharc ar fhreagraAs this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
251. Deputy Barry Cowen asked the Minister for Health the section 39 organisations and the amount contributed to them per year by the HSE since 2008 to date in 2018; and if he will make a statement on the matter. [38289/18]
Amharc ar fhreagraI have asked the Health Service Executive to respond to you directly on this matter.
252. Deputy Barry Cowen asked the Minister for Health the estimated full-year cost of restoring pay to section 39 workers; and if he will make a statement on the matter. [38290/18]
Amharc ar fhreagraThe HSE has advised that the estimated cost of pay restoration for Section 39 health sector employees from 2019 is €67.881m. This is a projected cost based on an assessment of information provided by a pilot group of section 39 organisations.
