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Wednesday, 28 Sep 2022

Written Answers Nos. 272-292

Disabilities Assessments

Ceisteanna (272, 273)

Alan Farrell

Ceist:

272. Deputy Alan Farrell asked the Minister for Health if the HSE has contacted all children who had a preliminary team assessment and were offered an assessment of need in the way the Disability Act 2005 outlines; and if he will make a statement on the matter. [47538/22]

Amharc ar fhreagra

Alan Farrell

Ceist:

273. Deputy Alan Farrell asked the Minister for Health the number of children who had a preliminary team assessment carried out who opted to have an assessment of need, as the Disability Act 2005 outlines; and if he will make a statement on the matter. [47539/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 272 and 273 together.

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Question No. 273 answered with Question No. 272.

Primary Care Centres

Ceisteanna (274, 275, 276)

Duncan Smith

Ceist:

274. Deputy Duncan Smith asked the Minister for Health the details of all services currently provided in a primary care centre (details supplied); and if he will make a statement on the matter. [47555/22]

Amharc ar fhreagra

Duncan Smith

Ceist:

275. Deputy Duncan Smith asked the Minister for Health his plans for future services in a primary care centre (details supplied); the timelines for the delivery of these services; and if he will make a statement on the matter. [47556/22]

Amharc ar fhreagra

Duncan Smith

Ceist:

276. Deputy Duncan Smith asked the Minister for Health if he will provide an overview of the strategic plans for a primary care centre (details supplied); and if he will make a statement on the matter. [47557/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 274 to 276, inclusive, together.

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Question No. 275 answered with Question No. 274.
Question No. 276 answered with Question No. 274.
Question No. 277 answered with Question No. 248.
Question No. 278 answered with Question No. 248.

Mental Health Services

Ceisteanna (279)

Colm Burke

Ceist:

279. Deputy Colm Burke asked the Minister for Health the number of staff working in the mental health sector in the HSE and in any other voluntary hospital group or organisation, by category of occupation, from 2014 to July 2022; his plans to attract additional nursing staff in the mental health area; and if he will make a statement on the matter. [47581/22]

Amharc ar fhreagra

Freagraí scríofa

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Hospital Staff

Ceisteanna (280)

Colm Burke

Ceist:

280. Deputy Colm Burke asked the Minister for Health if he will request all HSE hospitals and organisations to conduct exit interviews for staff members who have submitted notice of their intention to leave the service to assist in determining the best way to retain staff; and if he will make a statement on the matter. [47582/22]

Amharc ar fhreagra

Freagraí scríofa

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Healthcare Infrastructure Provision

Ceisteanna (281)

Alan Kelly

Ceist:

281. Deputy Alan Kelly asked the Minister for Health if he will confirm a decision will be made in 2023 to build a public elective hospital in the mid-west. [47614/22]

Amharc ar fhreagra

Freagraí scríofa

In December 2021 the Government agreed, subject to the necessary approvals and requirements under the Public Spending Code being met, a new National Elective Ambulatory Care Strategy. This new strategy aims to change the way in which day case, scheduled procedures, surgeries, scans and outpatient services can be better arranged to ensure greater capacity in the future and help to address waiting lists. The development of additional capacity will be provided through dedicated, standalone Elective Hospitals in Cork, Galway and Dublin. The Government decision is very clear on this.  No other locations are under active consideration. It is important to note that the locations chosen will allow for new facilities of a size and scale to implement a national elective care programme that will tackle waiting lists on a national basis. This means that the new facilities will be designed to maximise their capacity and in doing so will operate to cover as a wide catchment area as possible, extending beyond existing and future health areas including the mid-west.

Departmental Correspondence

Ceisteanna (282)

Thomas Pringle

Ceist:

282. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine when a substantive response to correspondence sent to his office on 13 July 2022 (details supplied) will issue; and if he will make a statement on the matter. [47360/22]

Amharc ar fhreagra

Freagraí scríofa

A reply issued on the 27th of September 2022. 

Fishing Industry

Ceisteanna (283)

Catherine Connolly

Ceist:

283. Deputy Catherine Connolly asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 31 of 14 July 2022, the status of the commitment to ensure inshore waters continue to be protected for smaller fishing vessels and that pair trawling will be prohibited within the six nautical mile limit, in line with the programme for Government; if trawlers over 18 m in length are currently permitted to carry out fishing activities inside the six nautical mile limit; and if he will make a statement on the matter. [47423/22]

Amharc ar fhreagra

Freagraí scríofa

In December 2018, following a public consultation process in which over 900 submissions were received, the then Minister for Agriculture, Food and Marine announced that vessels over 18m will be excluded from trawling in inshore waters inside the six nautical mile zone and the baselines from 1 January 2020. A transition period of three years for vessels over 18m targeting sprat was allowed to enable adjustment for these vessels, as the sprat fishery is concentrated inside the six nautical mile zone. 

A Policy Directive was issued by that Minister to the independent Licensing Authority to give effect to these measures. The Policy Directive directed the Licensing Authority to insert a condition to this effect into the licences of affected vessels. 

A Judicial Review to the High Court was taken by two applicant fishermen challenging the validity of the Policy. On 6th October 2020, the Judge held in summary that the High Court’s final order should be, among other matters, a declaration that Policy Directive 1 of 2019 was made in breach of fair procedures and is void and/or of no legal effect. The breach of fair procedures as referenced above related to a failure with obligations to consult with the applicants in accordance with, and to the extent required by, the consultation process and in particular by failing to consult with them a second time once a preferred option had been identified. A stay on the order was refused by the High Court on 10th December 2020.  

The Minister appealed the decision of the High Court to the Court of Appeal. He also sought a stay on the order of the High Court. The Court of Appeal reinstated the Ministerial Policy Directive on 19th March 2021, when the Court was persuaded that the balance of justice leaned in favour of the State and granted a stay on the order of the High Court up until the hearing of the substantive appeal in June. Following a full hearing by the Court of Appeal on 22nd June 2021, the Court decided to temporarily extend the Policy Directive excluding large vessels from trawling in inshore waters within 6 miles of the coast, save for a restricted sprat fishery.  

On September 23rd, 2021, the Court of Appeal refused the Minister's application to further continue the stay. This refusal means that the decision of the High Court stands and the Policy Directive is no longer valid, meaning vessels over 18 metres in length overall have resumed trawling in the waters inside 6 nautical miles. These vessels also no longer require an authorisation to fish for sprat inside 6 nautical miles. 

The Court of Appeal issued an unapproved judgment on 19th July last and the Department is at present considering the implications of the that unapproved judgment in consultation with its legal advisors. Further submissions to the Court have been requested, these are to be provided by October 7th.

As this matter continues to be sub judice, the Minister is not in a position to comment further until the matter can be resolved before the Courts. 

Animal Welfare

Ceisteanna (284)

Eoin Ó Broin

Ceist:

284. Deputy Eoin Ó Broin asked the Minister for Agriculture, Food and the Marine the number of authorised officers employed specifically to investigate canine welfare and companion animals as opposed to agricultural livestock. [47446/22]

Amharc ar fhreagra

Freagraí scríofa

Under the Animal Health and Welfare Act, 2013, the Department has primary policy responsibility for the welfare of all animals, including  canines.

Since the introduction of the Act, 1,089 Department officials have been designated as authorised officers.  In addition to its own staff, the Department has a service level agreement with a number of organisations, enabling the appointment of authorised officers within these organisations and thus supporting further enforcement of the animal welfare legislation.  Currently there are 17 authorised officers appointed in such organisations that deal primarily with canine and companion animals.

I assure the Deputy that my policy and the policy of Government is clear and consistent: animal cruelty is totally unacceptable.   My Department operates a confidential animal welfare helpline through which members of the public can report incidents of animal cruelty or neglect.  Reports of suspected neglect or abuse are followed up by Department veterinary staff in the Regional Veterinary Offices or in some cases they are referred to authorised officers in these other organisations, for investigation. 

Animal Welfare

Ceisteanna (285)

Eoin Ó Broin

Ceist:

285. Deputy Eoin Ó Broin asked the Minister for Agriculture, Food and the Marine the number of successful prosecutions taken under the Animal Health and Welfare Act 2013; the year they were taken; and the county and the section of the Act under which the infringements were made, in tabular form. [47447/22]

Amharc ar fhreagra

Freagraí scríofa

The Animal Health and Welfare Act 2013 provides a modern framework for applying standards in the area of animal health and welfare and replaced a number of enactments dating back over a century. 

Prosecutions under the Act have been pursued following investigations by authorised officers of the Department, An Garda Síochána and authorised officers of the Irish Society for the Prevention of Cruelty to Animals and the Dublin Society for the Prevention of Cruelty to Animals.  These officers investigate matters relating to animal cruelty and neglect and, where the evidence supports such action, a file prepared and the matter pursued through the Courts. Matters tried on indictment are the remit of the Director of Public Prosecutions in the normal manner. 

The statistics set down below relate only to cases prosecuted at the suit of the Minister for Agriculture, Food and the Marine and show the number of prosecutions by County and year. 

Since the Animal Health and Welfare Act 2013 came into operation in March 2014, 113 cases have been successfully prosecuted through the Courts by the Department of Agriculture, Food and the Marine. 

- Fines in excess of €92,000 have been imposed

- 13 persons have been sentenced to a term of imprisonment which were suspended in 11 cases

- 1 person was given 240 hours of community service in lieu of 6 months imprisonment

- The Probation Act was applied in 10 instances

- 22 persons have been disqualified from keeping animals

- In 40 cases summonses have issued or files have been sent with a view to initiating prosecution and a further 5 are currently being examined with a view to pursuing a prosecution if the evidence so warrants.  

The major offences for which people have been convicted are Section 11 - duty to protect, Section 12 prohibition on animal cruelty, causing unnecessary suffering, Section 13 - failure to provide food or water.  

Successful prosecutions by year and county

County

2015

2016

2017

2018

2019

2020

2021

2022

Carlow

1

 

1

1

 

 

2

1

Cavan

 

1

1

1

 

 

 

 

Clare

 

 

1

 

 

 

1

1

Cork

 

4

2

4

3

 

1

1

Donegal

 

1

1

 

1

 

 

 

Dublin

 

 

3

5

5

 

3

2

Kildare

 

 

 

2

 

 

1

 

Kilkenny

 

 

1

 

 

 

 

 

Laois

 

 

 

2

1

 

 

2

Limerick

 

 

1

3

3

 

2

1

Louth

 

 

2

 

 

 

 

 

Meath

 

3

4

1

1

 

 

 

Offaly

 

 

 

1

 

1

 

1

Roscommon

2

 

 

 

 

2

1

 

Sligo

 

 

 

 

1

 

1

 

Tipperary

 

 

3

 

1

1

1

1

Waterford

 

1

1

2

2

 

3

 

Westmeath

 

 

 

1

 

 

 

1

Wicklow

 

1

3

1

 

1

 

1

Assisted Animal Reproduction

Ceisteanna (286)

Eoin Ó Broin

Ceist:

286. Deputy Eoin Ó Broin asked the Minister for Agriculture, Food and the Marine the number of inspections that were carried out under the Artificial Insemination of Greyhounds Act 2005; the year of inspection; and the number of prosecutions that were taken, in tabular form. [47448/22]

Amharc ar fhreagra

Freagraí scríofa

Rásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine. 

The question raised by the Deputy is an operational matter for RCÉ and, therefore, the question has been referred to the body for direct reply.

Domestic Pets

Ceisteanna (287)

Eoin Ó Broin

Ceist:

287. Deputy Eoin Ó Broin asked the Minister for Agriculture, Food and the Marine the number of prosecutions that were taken under the Online Sale and Supply of Pets Regulations, in tabular form. [47449/22]

Amharc ar fhreagra

Freagraí scríofa

Concern for the safety and welfare of pet animals was one of the primary reasons behind the introduction by my Department of the Animal Health and Welfare (Sale or Supply of Pet Animals) Regulations 2019 (S.I. 681/2019). These Regulations put into law certain requirements for sellers and suppliers of pet animals, including minimum ages for sale of certain mammals; record-keeping; registration with the Department; and provision of certain information about the pet in advertisement. The Regulations were welcomed by welfare organisations and are a support to those thinking of purchasing pet animals.

Extracts from the Register of Sellers and Suppliers of Pet Animals and the Register of Premises (name of seller or supplier, registration number and the county of the premises used in connection with the sale and supply of pets) are published on the Department's website at: gov.ie/en/publication/d3af4-new-rules-on-the-sale-supply-and-advertising-of-pet-animals/

The Department's website also has additional guidance for potential pet owners thinking of acquiring a pet, further supporting potential purchasers in making informed decisions.

While no prosecutions have been taken under these Regulations to date, one registration was revoked this year and two last year. The Department continues to develop its controls in respect of this legislation and is advancing its plans and approach to effective enforcement, working to achieve full compliance with the regulations on advertising pet animals.

My Department also participates in the Irish Pet Advertising Advisory Group (IPAAG), a group of animal welfare organisations, veterinary professionals and advertising platforms that address issues in relation to advertising pet animals, and engages with advertising platforms both through that group and bilaterally on the regulations.

A traceability and verification system has been developed by a website advertising dogs in conjunction with a microchipping company. I would encourage all websites to use this system.

Any evidence of animal cruelty or neglect of an animal’s welfare should be brought to the attention of my Department by calling the animal welfare helpline on 076 1064408 (Call Save) or 01 6072379 or by emailing: animalwelfare@agriculture.gov.ie

Animal Welfare

Ceisteanna (288)

Eoin Ó Broin

Ceist:

288. Deputy Eoin Ó Broin asked the Minister for Agriculture, Food and the Marine if he will provide details of Ireland's position on the establishment of a European Union-wide negative list system for exotic animals. [47450/22]

Amharc ar fhreagra

Freagraí scríofa

A proposal has been submitted for discussion at European level for the establishment of a European Union positive list for keeping companion animals. I welcome this initiative and support this effort to advance animal welfare and protect public health. The benefits in terms for animal welfare, biodiversity and public health and safety which this initiative could progress are very much aligned to Ireland’s overall national strategic goals in these important areas.

In line with the Programme for Government and the action identified in the the  Animal Welfare Strategy 2021-2025 - Working Together for Animal Welfare, I have asked my officials to take the lead in establishing an inter-departmental group to ensure a coherent national approach to policy and regulation related to exotic animals. Initial meetings of the group have taken place and the focus will be on regulating the keeping, breeding and trading of exotic animals.

Animal Welfare

Ceisteanna (289)

Paul Murphy

Ceist:

289. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine if he will ensure the use of a live goat will be prohibited during the Puck Fair going forward, given public opinion was hugely in favour of prohibiting the use of a live goat in future.; and if he will make a statement on the matter. [47474/22]

Amharc ar fhreagra

Freagraí scríofa

The Programme for Government places a positive emphasis on animal welfare and specifically commits to the continued robust enforcement of the Animal Health and Welfare Act 2013 (Act). The general principles enshrined in Section 11 and 12 of this Act apply to all animals, including goats.

During the event, officials from my Department were in contact with the independent private veterinary practitioner attending the Fair, emphasising the need for the organisers to take steps to assure the ongoing welfare of the goat. 

My Department welcomed the decision taken by the organisers, following contact between my officials and the independent veterinary practitioner at the Fair, to remove the goat from the elevated position on the Thursday morning and again on the Friday morning. 

 As already  stated publicly, my Department will continue to keep the matter of the Puck Fair under review.

Wildlife Protection

Ceisteanna (290)

Paul Murphy

Ceist:

290. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 2110 of 8 September 2022, if he agrees that by this logic, an animal is not considered wild unless it is a protected species (details supplied); and if he will make a statement on the matter. [47475/22]

Amharc ar fhreagra

Freagraí scríofa

 As the Deputy is aware The National Parks and Wildlife Service has advised my Department that the goat is not listed as a protected species under the Wildlife Act 1976. Therefore it is not considered that a goat is categorised as a wild animal under the Circuses (Prohibition on Use of Wild Animals) Regulations 2017.  

S.I. 482 of 2017 Circuses (prohibition use of wild animals regulations 2017)  prohibits the use of wild animals in a  travelling performance or show.  For the purpose of that specific legislation a wild animal in the context of performing is defined as an animal not commonly domesticated in the State.

Animal Diseases

Ceisteanna (291)

Holly Cairns

Ceist:

291. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine the steps that he is taking to address the spread of highly pathogenic avian influenza. [47568/22]

Amharc ar fhreagra

Freagraí scríofa

Strict biosecurity remains the number one preventative measure to the introduction of Highly Pathogenic Avian Influenza (HPAI) into poultry and captive bird flocks. On Monday 19th inst. I introduced regulations under the Animal Health and Welfare Act 2013 requiring flock keepers to apply specific biosecurity measures against HPAI, irrespective of flock size. These measures apply to all flock owners, even if they only have one or two birds. To further enhance biosecurity in larger flocks there are additional measures in respect of flocks of 500 birds or more. These biosecurity measures help mitigate the risk of infection of poultry with the virus. Details of the regulations and guidance documents are published on my Department’s website.  

In addition, my officials are advising poultry owners to be bio-security aware when returning from areas, both at home and abroad, where sick or dead wild birds have been present. Clothing and footwear worn in areas where sick or dead wild birds have been present should never be brought into contact with poultry without proper cleaning and disinfection as this may spread disease. 

All poultry flock owners are being reminded to remain vigilant for any signs of disease in their flocks, maintain strict biosecurity measures and report any disease suspicion to their nearest Department Regional Veterinary Office. 

My Department has implemented a comprehensive awareness programme on social media and is in regular contact with stakeholders: holding meetings, issuing regular updates on the AI situation in Ireland, the UK and continental Europe. In addition, a considerable amount of information and guidance has been published on my Department’s website, gov.ie/en/publication/50ce4-avian-influenza-bird-flu/, which is of use to both those involved in the poultry industry and members of the public

My Department liaises closely with the authorities in the UK and elsewhere in relation to monitoring and controlling avian influenza outbreaks.

Community Development Projects

Ceisteanna (292)

Michael Lowry

Ceist:

292. Deputy Michael Lowry asked the Minister for Rural and Community Development the number of valid applications that have been received by her Department, by county, under the community centres investment fund; when funding will be allocated to successful applicants, in tabular form; and if she will make a statement on the matter. [47370/22]

Amharc ar fhreagra

Freagraí scríofa

The Community Centres Investment Fund application closing date was Thursday 14th July 2022, and 1,048 applications were received with funding of almost €71 million sought.

I am unable to confirm to the Deputy the number of valid applications per county, as the appraisal process is currently ongoing.  All applications will be subject to a competitive assessment process based on the assessment criteria as set out in the fund guidelines.

Due to the high level of applications to the fund, it is expected to be quarter 4 of 2022 when applicants are notified of the outcome of the application and appraisal process.

Details of successful projects will be available on the Department’s website, www.gov.ie/drcd.

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