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Gnáthamharc

Thursday, 20 Oct 2022

Written Answers Nos. 310-336

Child Abuse

Ceisteanna (310)

Bernard Durkan

Ceist:

310. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which investigations into child abuse continue vigorously in order to ensure the safety of children in the home or in institutional care; and if she will make a statement on the matter. [52663/22]

Amharc ar fhreagra

Freagraí scríofa

The statutory bodies with primary responsibility for child welfare and protection are Tusla and An Garda Síochána. Both have distinct functions, powers and methods of working.

Tusla has a statutory duty under the Child Care Act 1991 to promote the welfare of children who are not receiving adequate care and protection. In doing so, it relies heavily on individuals reporting concerns about children, in accordance with Children First: National Guidance for the Protection and Welfare of Children 2017 and the Children First Act 2015.

I am assured by my Cabinet colleague - the Minister for Children, Equality, Disability, Integration and Youth - that Tusla assesses all child welfare and protection concerns that are reported to it. Concerns about children may arise in any setting, including within the home or involving children in the care of the State.

If there are ongoing child protections concerns, Tusla will take the necessary actions to ensure that a child who may be at risk of harm is protected. If Tusla suspects that a crime has been committed and a child has been wilfully neglected or physically or sexually abused, it will formally notify the Gardaí without delay.

The involvement of An Garda Síochána in cases of alleged child abuse and neglect stems from its primary responsibility to protect the community and to bring offenders to justice. Where it is suspected that a crime has been committed, An Garda Síochána has overall responsibility for the direction of any criminal investigation.

The Deputy will appreciate that, under section 26 of the Garda Síochána Act 2005, the Garda Commissioner is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána. In addition, the investigation of suspected crimes is an operational matter within the responsibility of the Commissioner and not for me as Minister.

I assure the Deputy that this Government takes the issue of sexual exploitation of children very seriously and there is comprehensive legislation in place to deal with these offences.

The Criminal Law (Sexual Offences) Act was enacted in early 2017. It is a wide-ranging piece of legislation, which significantly enhances laws to combat the sexual exploitation and sexual abuse of children. Specific offences have been provided for in this Act to target the recognised steps in what is often a gradual process of grooming a victim.

Among the provisions of the 2017 Act are measures to strengthen significantly the existing criminal law in combating child exploitation and, in particular, to address the use of modern communication technologies as a tool which may lead to child sexual exploitation.

The Deputy will be aware that sophisticated grooming often involves seemingly innocent contact with, or befriending of, a child, perhaps through text messaging, social media or messaging apps. This may be followed by the exposure of the child to sexual images or content. Section 8 of the Criminal Law (Sexual Offences) Act 2017 provides for a specific offence of using information and communications technology to communicate with a child for the purposes of sexual exploitation. The offence allows An Garda Síochána to investigate and bring to justice online predators and carries a penalty of up to 14 years imprisonment.

Section 8 of the Sexual Offences Act 2017 also includes an offence of sending sexually explicit material to a child. This is in recognition that the intention behind this type of activity may be to expose the child to material with a view to developing the child’s familiarity with such material or activity so as to facilitate the production of pornography or to meet the child for the purposes of sexual exploitation. The penalty for this offence is up to 5 years imprisonment.

The Deputy will also be aware that child trafficking and exploitation (including the production of child pornography) are criminalised under the Child Trafficking and Pornography Act 1998, as amended by Section 3 of the Criminal Law (Human Trafficking) Act 2008.

The Criminal Law (Sexual Offences) Act 2017 amended the Criminal Law (Sexual Offences) Act 2006 to raise the maximum penalty for engaging in a sexual act with a child who is under the age of 17 years from 5 to 7 years imprisonment. Furthermore, the 2017 Act amended the 2006 Act to raise the maximum penalty for attempting to engage in a sexual act with a child under the age of 17 years from 2 to 7 years imprisonment.

The Criminal Law (Sexual Offences) Act 2006, as amended, also provides that the maximum penalty for engaging in a sexual act with a child under the age of 15 years is life imprisonment and the same penalty applies to attempting to engage in a sexual act with a child under the age of 15 years.

Ireland ratified the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (known as the "Lanzarote Convention") on 21 December 2020. The Convention entered into force in relation to Ireland on 1 April 2021.

Part 2 of The Criminal Justice (Sexual Offences) Act 2017 which strengthens the law relating to the sexual exploitation of children, including child sexual abuse material and criminalises the use of information and communication technology to facilitate such exploitation, ensures the State’s full compliance with criminal law provisions in the Convention.

Prison Service

Ceisteanna (311)

Bernard Durkan

Ceist:

311. Deputy Bernard J. Durkan asked the Minister for Justice the degree to which educational or rehabilitative provision is being made for first-time offenders while in prison with a view to preventing recidivism; and if she will make a statement on the matter. [52664/22]

Amharc ar fhreagra

Freagraí scríofa

The Irish Prison Service provides a wide range of rehabilitative programmes that offer purposeful activity to prisoners while serving their sentences and which encourage them to lead law abiding lives on release. All prisoners are eligible to use the services, including those who are first-time offenders. The Service does not collect data on the number of first time offenders who availed on these services.

The Prison Service Strategic Plan 2019 - 2022 committed to further develop the integration of prisoner care and support services to deliver more effective rehabilitation to prisoners. It committed to enhance sentence planning through Integrated Sentence Management. To this end, the Irish Prison Service has changed the role of Integrated Sentence Management (ISM) Coordinator to a rostered position in all committal prisons to extend the reach of the service to evenings and weekends and increased the number of WTO-ISM Coordinator posts in Cork and Midlands Prisons.

The Integrated Sentence Management service is offered to all prisoners serving greater than 1 year and some discreet cohorts serving less than one year including candidates for the Community Support Scheme, people convicted of a sex offence, and female prisoners.

In July 2021, the Irish Prison Service introduced a new central management ICT platform on the Prisoner Information Management System (PIMS) to capture and monitor the work of Integrated Sentence Management Coordinators and members of the multi-disciplinary team. Since July 2021, prisoner multi-disciplinary sentence plans agreed by the prison-based team are now printed and shared with the prisoner to guide the prisoner’s ownership of their sentence management. This centralised information-sharing resource also assists prison-based services to improve the transition from custody to the community for offenders, with the overall aim of reducing risk to the individual and reducing risk of recidivism, while improving accountability and transparency.

Between 5 July 2021 and 17 October 2022, just under 5,000 Integrated Sentence Management interviews were conducted face-to-face with prisoners to inform and direct referrals to prison based rehabilitative service providers and over 3,000 prisoner multi-disciplinary sentence plans have been agreed.

Work on multi-disciplinary sentence plans is resource intensive but work is progressing in each prison to develop an individual multi-disciplinary sentence plan for all Integrated Sentence Management-eligible prisoners on a gradual basis. Once the initial plan is agreed for the prisoner the new ICT system records the need for the plan to be reviewed a minimum of once-per-year but the plan can be reviewed and updated at any time under the direction of the Governor.

The prisons Work and Training service make available work, work-training and other purposeful activities to all those in custody. Work Training Officers have been appointed and assigned to areas such as catering, laundry, industrial cleaning and industrial skills.

The "Working to Change Social Enterprise Strategy - 2021-2023" sets out my Department’s direction for supporting employment options for people with convictions by simultaneously working to remove systemic barriers so that people can make sustainable changes. It builds upon a solid foundation of employment supports already in place across the criminal justice sector and is a collaboration between the Prison and Probation Service and my Department.

The Joint Irish Prison Service/ETBI Education Strategy 2019 – 2022 commits to the provision of broad based education. The Department of Education and Skills provides an allocation of 220 whole time teacher equivalents to the Service. The focus is on providing education which is quality assured, student centred and which facilitates lifelong learning.

As well as seeking to draw on best practice in adult and further education in the community, curriculum development that is specific to prison circumstances have taken place, such as courses on addiction, health issues and offending behaviour. Other areas where there has been significant progress in prison education are in physical education, in the provision for higher education, in the arts, in preparing prisoners for release and supporting their transition to life, and often to education, on the outside.

The Prison Psychology Service provide assessment and intervention and operates a proactive referral service for particular cohorts of people in custody. The Psychology Service proactively engages with the following groups of people:

- 18 – 24 year olds who are committed to custody with a sentence of one year or more, without Post Release Supervision with the Probation Service;

- People committed to custody with a sentence of two years or more for a violent offence, without Post Release Supervision with the Probation Service;

- People convicted of sexual violence;

- People sentenced to life imprisonment.

The Probation Service has joined this initiative by engaging in assessments with those 18-24 year olds who have Post Release Supervision Orders. This multi-agency approach to offender management and rehabilitation is in place in order to reduce re-offending and improve prisoner outcomes.

Departmental Data

Ceisteanna (312)

Bernard Durkan

Ceist:

312. Deputy Bernard J. Durkan asked the Minister for Justice the number of persons deemed to have committed further offences while on bail in each of the past ten years; and if she will make a statement on the matter. [52665/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the restricting of a person’s liberty is a serious issue, given the Constitutional presumption that a person is deemed innocent until proven guilty in a court of law.While the State’s bail laws do provide for the refusal of bail in certain circumstances, the presiding judge is entirely independent in the exercise of their judicial functions and the decision to grant bail in a particular case is solely a matter for the judge.As the Deputy may be aware, the Bail Act 1997 followed on foot of the 1996 referendum on a proposed amendment to the Constitution enabling a court to refuse bail for a person charged with a serious offence to prevent the risk of another serious offence being committed while on bail.Over the last twenty five years, the State’s bail laws were further strengthened, specifically by the Criminal Justice Act, 2007, the Criminal Justice Act, 2015, and the Criminal Justice Act, 2017. In considering whether to refuse bail under the 1997 Act, the Court is required to have regard to persistent serious offending by an applicant and, in specific circumstances, the nature and likelihood of any danger to a person or to the community from granting bail.The 2017 Act provides for stricter bail terms for repeat serious offenders, including the use of curfews and strengthens Garda powers to deal with breaches of bail. If an individual fails to comply with any bail conditions, the judge will issue a bench warrant and this gives An Garda Síochána power to arrest and bring the person before the court to answer all charges relating to the bail.In the event of a breach of High Court bail, the defendant must be brought before the Court as soon as practicable for a revocation hearing. A breach of bail may also result in an additional charge and an order and/or surety for ‘forfeiture and estreatment’ of the bail money.

In relation to the specific information sought by the Deputy, it is important to state that the Director of Public Prosecutions (DPP) is the agency responsible for the prosecution of crime in Ireland.

Criminal investigations are carried out by An Garda Síochána, who then submit a report to the DPP. It is for the DPP to decide whether or not someone should be prosecuted and for what crime, on the basis of the Garda findings, viewed against the background of common and/or statute law. The Director is fully independent in the performance of her functions.

Furthermore, as the Deputy may be aware, the provision of figures in relation to convictions are a matter for the Courts Service. Management of the courts, operational and logistical matters are the responsibility of the Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. As the Deputy will be aware, I have no role in this regard.

In order to be of assistance, my Department contacted the Courts Service to see if the statistics requested by the Deputy are available. I am advised by the Courts Service that statistics are not compiled in such a way as to provide the specific information sought. However, it may be of interest to the Deputy to note that the Central Statistics Office regularly publishes both prison and probation re-offending statistics on their website www.cso.ie.

Child Protection

Ceisteanna (313)

Pauline Tully

Ceist:

313. Deputy Pauline Tully asked the Minister for Justice if private bus drivers who are engaged in the transportation of children are subject to Garda vetting. [52679/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda Commissioner is responsible for all operational matters within An Garda Síochána, including vetting and engagement with other state bodies such as Tusla.

I can inform the Deputy that the National Vetting Bureau (Children & Vulnerable Persons) Acts 2012 to 2016 set out in Schedule 1 Parts 1 & 2 what constitutes relevant work or activities in relation to children and vulnerable persons.

The work of bus drivers transporting children falls within the definition of relevant work or activity in Schedule 1 Part 1(8).

Schedule 1 Part 1(8) provides that:

Work as a driver of a public service vehicle which is being used only for the purpose of conveying children.

I am advised by the Garda authorities that the Garda National Vetting Bureau conduct vetting on behalf of Bus Éireann for staff working as dedicated school bus drivers pursuant to the provisions set out in the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 - 2016.

In addition, where Bus Éireann award contracts to private bus operators for the provision of school bus services around the country, the drivers employed by the private bus operators to drive the school buses are vetted by Bus Éireann.

I am also advised by the Garda authorities that bus services organised by schools to take pupils to events, or bus services organised privately by parents in circumstances where Bus Éireann do not provided a school bus service, are outside the ambit of the National Vetting Bureau.

Disability Services

Ceisteanna (314)

Mattie McGrath

Ceist:

314. Deputy Mattie McGrath asked the Minister for Health if his Department will carry-out a thorough national audit on those living with disabilities in this country which will help inform the Government on the needs of those living with disabilities, the level and extent of their disability, their needs for the future, the failings of the system and the areas with which they require most assistance; and if he will make a statement on the matter. [52631/22]

Amharc ar fhreagra
Awaiting reply from Department.

Medicinal Products

Ceisteanna (315)

Peter Fitzpatrick

Ceist:

315. Deputy Peter Fitzpatrick asked the Minister for Health if the Government has any plans to reintroduce the medication ozempic, for treatment for diabetes, to be covered under the medical card scheme or the drug payments scheme; and if he will make a statement on the matter. [52632/22]

Amharc ar fhreagra

Freagraí scríofa

The Minister recognizes the ongoing need for a public health response to address harmful alcohol use. The Department of Health provides over €130 million to drug and alcohol services every year.

According to the National Drug Treatment Reporting System 2015-2021 Alcohol Data published in July 2022, in 2021 there was a total of 6,859 cases treated, 44% (3026) were new cases and 52% (3596) were previously treated cases. In 2021 60% (4183) of cases were treated in outpatient facilities, up by 678 cases when compared to 2020, while there was 2102 (31%) inpatient cases, up 422 from 2020.

In Budget 2022 €487,000 was secured to provide for a Tier 2 Clinical Community Response to Alcohol Service in CHO 9, and €180,000 for a Tier 3 Alcohol Treatment service to support the NEIC Initiative.

In 2020, €469,600 was secured for the establishment of a Galway Community Alcohol Addiction Treatment Service to target adults with alcohol-related problems, living in the Galway City area. The service was set up to fill a gap in service provision arising from the reorganisation of alcohol services in Galway.

Finally in December 2021, Minister for State for Public Health, Wellbeing and the National Drugs Strategy, Frank Feighan TD, announced a €2 million fund to enhance community-based drug and alcohol services. The Community Service Enhancement Fund (CSEF) is part of the strategic priority to enhance access to and delivery of drug and alcohol services in the community in the national drugs strategy 2021-2025.

Departmental Strategies

Ceisteanna (316)

Richard Bruton

Ceist:

316. Deputy Richard Bruton asked the Minister for Health the way in which his Department is developing a strategy for carers; if closer integration of the work of his Department with other agencies is envisaged; and if he will make a statement on the matter. [50626/22]

Amharc ar fhreagra

Freagraí scríofa

The Programme for Government Sharing our Future contains specific commitments in recognition of the contribution of Family Carers to care provision in Ireland, which will build on the progress to date in the implementation of the National Carers’ Strategy.  One of these commitments is to review and update the National Carers’ Strategy.

Before commencing work to update and refresh the Strategy, the Department of Health will need to consider the approach to the update and the breadth of stakeholder consultation required. It is of note that a survey carried out by Care Alliance Ireland and UCC in 2021 found that for 40 of the 42 actions in the National Carers' Strategy, over 90% of carers felt they were still relevant and wanted them retained but that they should be strengthened. 

Government has taken a range of steps in recent years to improve the situation of carers. In line with the core vision of the 2012 Strategy, these measures recognise and respect carers as key care partners who are supported to maintain their own health and well-being, care with confidence and who are empowered to participate as fully as possible in economic and social life. 

The Programme for Government commits to developing a ‘Carers' Guarantee’ proposal that will provide a core basket of services to carers across the country regardless of where they live. In Budget 2021 Government provided funding of €2 million to implement the Carers' Guarantee. €1.9 million of this funding is being channelled through Family Carers Ireland, while the remaining €100,000 is supporting the development and delivery of online supports for family carers through Care Alliance Ireland by means of an online support group.

The €1.9m allocation to Family Carers Ireland aims to improve access to carer supports across the country. This funding is extending services to approximately 5,000 additional family carers through a mixture of individual and community support services, including peer support, online activities, education programmes, virtual clinics and counselling supports. 

The Programme for Government also commits to extending free GP care to carers in receipt of the Carer’s Support Grant. To inform the implementation of this commitment, an analysis of the policy, legal and financial implications will be undertaken by the Department of Health in conjunction with the Department of Social Protection. 

It should be noted that since September 2018, individuals in receipt of either a full or half-rate Carer's Allowance or Carer's Benefit are automatically eligible for a GP visit card. This means that many persons in receipt of the Carer’s Support Grant already qualify for a GP visit card, as the Carer’s Support Grant is paid automatically to persons in receipt of Carer’s Allowance or Carer’s Benefit. Other measures introduced in recent years to expand access to GP Care include the automatic awarding of a GP visit card to all over 70s in 2015, and a 10% increase to the income thresholds for a GP Visit Card in 2019, which are considerably higher than those for a medical card. Currently, over 2 million people or 41.6% of the population have either a medical or GP visit card.

The Department of Social Protection provides a comprehensive package of carers’ income supports including Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance and the Carer’s Support Grant.  Combined spending on these payments to carers in 2022 is estimated to exceed €1.5 billion.

In Budget 2023, in acknowledgement of the crucial role that family carers play in our society and the particular challenges they face in light of the current cost of living crisis, the Minister for Social Protection announced a number of further financial supports for carers.  The measures benefitting family carers directly include a €500 Cost of Living lump sum payment to be paid in November and a Cost of Living Double Payment to Carers to be paid in October. Carers will also receive the Christmas Bonus Double Payment in early December.

In addition, there will be a €12 increase in the maximum rate of Carer’s Allowance and Carer’s Benefit with effect from January 2023, with proportionate increases for people receiving a reduced rate. The Half-rate Carer’s Allowance will be disregarded in the means assessment for Fuel Allowance with effect from January 2023. Domiciliary Care Allowance will increase by €20.50 to €330 per month with effect from January 2023.

The Programme for Government contains a commitment to develop a pension solution for family carers that recognises their important work.  The current State Pension (Contributory) system includes a range of measures including PRSI credits, Homemaking Disregards and Home Caring Periods to recognise caring periods (of up to 20 years) outside of paid employment in the calculation of a State Pension payment. On 20 September 2022, Government approved enhanced State Pension provision for long-term carers (in excess of 20 years), as recommended by the Pensions Commission, to be introduced from January 2024. This will be implemented through a scheme to ensure that long-term carers can be attributed with contributions for gaps in their contribution record arising from their time spent caring, and through the establishment of a ‘Family Carer Register'. The Department of Social Protection will work to implement the reforms, including the drafting of legislation and development of administrative and IT systems as necessary.  As part of the work to implement the new scheme, relevant Government Departments and other stakeholders will examine options for the creation of a statutory ‘Family Carer Register’.

Departmental Projects

Ceisteanna (317)

Ruairí Ó Murchú

Ceist:

317. Deputy Ruairí Ó Murchú asked the Minister for Health if he will provide an update on any progress made on the DRIVE project to build the capacity of communities to respond more effectively to drug-related intimidation and violence; and if he will make a statement on the matter. [51618/22]

Amharc ar fhreagra

Freagraí scríofa

One of the strategic priorities under the national drugs strategy for 2021-2025 is to address the social determinants of and consequences of drug use in disadvantaged communities.  This priority recognises the additional challenges arising from drug use in communities. It will tackle the criminality and anti-social behaviour associated with the drugs trade that impose a heavy burden on communities. These issues require action across government to promote community development and community safety

Drug related intimidation and violence is a serious and insidious problem that affects individuals, families, and communities, throughout the country. It is not acceptable that the lives of families and communities are blighted by the violence and intimidation associated with criminal groups. Addressing drug-related intimidation and violence is a central concern in strengthening resilience in communities, supporting participation of individuals families and communities, and developing evidence informed policies. 

The Drive (Drug-related intimidation and violence engagement) initiative is a data driven interagency response to tackle drug related intimidation and violence in communities most impacted. It is led by the drug and alcohol task forces, in conjunction with An Garda Síochána, the Probation Service, the HSE, family support services and civil society organisations. The initiative is funded by the Department of Health for a three-year period. 

I launched the report on the initiative in November 2021. This is available at DRIVE: Drug Related Intimidation and Violence Engagement. An interagency response in Ireland - Drug and Alcohol Information and Support in Ireland - Drugs.ie. The report outlines the Drive model accompanied by a detailed implementation plan. As it develops, Drive will provide a toolkit for communities to enhance their capacity to address drug related intimidation. This model will complement the work of the Department of Justice on community policing and safety matters. It also builds the Drug Related Intimidation Reporting Programme developed by An Garda Siochana and family support services to support affected families.

An information session on the Drive initiative was held on 17th October. Further information on the initiative can be got by emailing drive@ndublinrdtf.ie . 

To support the rollout of the Drive initiative, I have allocated funding of €250,000 in Budget 2023. This funding will support its work programme including the development of a suite of training and capacity building resources, a national Drive liaison network, a shared learning network and referral pathways to support for victims, awareness raising, community initiatives and targeted interagency programmes, and a national data collection system.

Medical Aids and Appliances

Ceisteanna (318)

Violet-Anne Wynne

Ceist:

318. Deputy Violet-Anne Wynne asked the Minister for Health the status of the 2021 application to the HSE to have the NovoPen 6 and the NovoPen Echo plus smart insulin pens included for reimbursement on the long-term illness scheme; and the reason that this application still has not been concluded over 12 months after the application was submitted. [47994/22]

Amharc ar fhreagra

Freagraí scríofa

The Health Service Executive (HSE) has statutory responsibility for pricing and reimbursement decisions under the community schemes, in accordance with the Health (Pricing and Supply of Medical Goods) Act 2013. Therefore, this matter has been referred to the HSE for attention and direct reply to the Deputy.

Vaccination Programme

Ceisteanna (319)

Chris Andrews

Ceist:

319. Deputy Chris Andrews asked the Minister for Health if it is planned to roll-out an additional Covid-19 booster for the wider population. [52460/22]

Amharc ar fhreagra

Freagraí scríofa

Ireland's COVID-19 vaccination programme is based on the principles of safety, effectiveness and fairness, with the objective of reducing severe illness, hospitalisations and deaths from COVID-19 infection.

The immunisation programme in Ireland is based on the advice of the National Immunisation Advisory Committee (NIAC). The NIAC makes recommendations on vaccination policy to my Department based on the prevalence of the relevant disease in Ireland and international best practices in relation to immunisation.

Following the recommendation for use of vaccines against COVID-19 by the European Medicines Agency (EMA) and authorisation for use by the European Commission, the NIAC develops guidance for their use in Ireland which is contained in the Immunisation Guidelines for Ireland. These guidelines are continuously updated and include guidance on all new vaccines as they are approved for use in Ireland.

You can view the updated guidelines here:

www.hse.ie/eng/health/immunisation/hcpinfo/guidelines/covid19.pdf

The NIAC has recommended a first mRNA booster vaccine for those aged 5-11 years;  a second mRNA booster dose for those aged 50-64 years, persons aged 12-49 years with an underlying medical condition or are residents of long-term care facilities. 

The NIAC has also made a number of recommendations regarding the Autumn/Winter period. It has advised that healthcare workers are offered a second mRNA booster and a third mRNA booster is recommended for persons aged 65 years and older, and those aged 12-64 years who are immunocompromised. The Chief Medical Officer has endorsed these recommendations and the rollout is underway.

The NIAC will continue to examine emerging evidence regarding booster vaccines for others in the population where there is evidence of waning immunity and reduced effectiveness and will make further recommendations if required.

Further information on the booster vaccine rollout can be viewed here:

www2.hse.ie/screening-and-vaccinations/covid-19-vaccine/get-the-vaccine/covid-19-vaccine-booster-dose/

Health Services

Ceisteanna (320)

Thomas Gould

Ceist:

320. Deputy Thomas Gould asked the Minister for Health if his Department has any initiatives to run harm-reduction education programmes around addiction for young people. [47510/22]

Amharc ar fhreagra

Freagraí scríofa

The National Drugs Strategy, Reducing Harm, Supporting Recovery, ‘A health-led response to drug and alcohol use in Ireland 2017-2025’, sets out a health-led approach to drug use.

Strengthening harm reduction responses to high-risk drug use is a drug strategy action and the Programme for Government also commits to increase and support drug testing services, particularly at festivals.

The HSE, in conjunction with the Department of Health, established a Working Group to review evidence in relation to drug trends and health responses applicable to the night-time economy and drug checking provision to help inform recommendations and to develop implementation plans to address these areas. The report of the Working Group was published in 2021 and made a series of recommendations on how to improve health responses to drug use within the night-time economy, including festival settings.

In May 2022, the HSE launched the Safer Nightlife Programme for Festival Settings 2022 programme. This multi-component programme for festivals involved a media campaign, the development of resources (leaflets, posters, and merchandise), and the recruitment and training of volunteers and outreach at a number of festivals over the summer months.

The aims of this festival programme included engaging with festival attendees in a non-judgmental way on the topic of substance use and related issues such as mental health, as well as providing high quality drug education in festival settings. The programme also delivered harm reduction information concerning drug trends as well as brief interventions aiming to influence behaviour and encourage safer choices.

As part of the Safer Nightlife Programme, a proposal was submitted by the HSE to the Department of Health, the Department of Justice and An Garda Síochána regarding the implementation of a pilot programme to monitor drug trends in festival settings through the use of surrender bins. This resulted in a pilot ‘back of house’ drug monitoring programme being implemented at the Electric Picnic festival in September of this year.

This programme sought to identify and communicate if particularly dangerous substances were in circulation at Electric Picnic and, based on samples submitted to the HSE, three risk communication messages were issued throughout the weekend: two relating to high strength products and one relating to a new substance.

The HSE will publish a report of the drug trends identified in the pilot monitoring programme in the coming weeks. A review of the wider festival programme will be published at a later date and will include a series of recommendations with feedback from nightlife representatives.

The HSE anticipates that it will collaborate with the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media, the Nightlife Task Force, and nightlife representatives to discuss the further development of harm reduction initiatives across nightlife spaces such as bars, clubs and other settings where substance use may occur.

It is for this reason that the Minister announced funding as part of Budget 2023 of €0.25m to expand drug monitoring initiatives and analysis in order to further inform policy responses.

Separately, Minister Feighan recently announced an allocation of €1.5 million for a three-year drug prevention and education programme. This is the first time that national funding has been made available for drug prevention.

The funding program is a key deliverable under the national drug strategy to strengthen the prevention of drug and alcohol use, and related harm among children and young people. The program fulfils a commitment to the Government Program and aligns with actions in the EU Drugs Action Plan.

This initiative will build on local and sectoral initiatives, such as Know the Score, and draw on evidence from Europe to professionalize and elevate drug prevention practice in Ireland. In particular, the program will promote the European Prevention Curriculum and international prevention standards.

We cannot be complacent about the potential dangers of drug and alcohol use for our young people. It is the priority of the Minister of State for the National Drugs Strategy to strengthen harm reduction responses to high-risk drug use associated with the night-time economy and festivals, and to strengthen the prevention of drug and alcohol use and the associated harms. I look forward to continuing working with all stakeholders on these initiatives.

Disability Services

Ceisteanna (321)

Thomas Gould

Ceist:

321. Deputy Thomas Gould asked the Minister for Health the action that he is taking to improve children’s disability services. [49681/22]

Amharc ar fhreagra

Awaiting reply from Department.

Health Services Staff

Ceisteanna (322)

Pauline Tully

Ceist:

322. Deputy Pauline Tully asked the Minister for Health if he will report on the pro-active measures that he and his Department are now taking to attract physiotherapists, occupational therapists, speech and language therapists and orthoptists since these roles were added to the critical skills list; and if he will make a statement on the matter. [45184/22]

Amharc ar fhreagra

Freagraí scríofa

In relation to the particular query raised, as this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Health Services Staff

Ceisteanna (323)

Pauline Tully

Ceist:

323. Deputy Pauline Tully asked the Minister for Health the number of physiotherapists, occupational therapists, speech and language therapists and orthoptists that have been recruited since these roles were added to the critical skills list; and if he will make a statement on the matter. [45187/22]

Amharc ar fhreagra

Freagraí scríofa

In relation to the particular query raised, as this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Health Services Staff

Ceisteanna (324)

Jennifer Carroll MacNeill

Ceist:

324. Deputy Jennifer Carroll MacNeill asked the Minister for Health the provisions that will be made for third year counselling trainee psychologists who will not benefit from the new funding support announced in the Budget 2023 and have invested €50,000 in their doctorate fees over the past three years; and if he will make a statement on the matter. [52472/22]

Amharc ar fhreagra

Freagraí scríofa

In relation to the particular query raised, as this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Dental Services

Ceisteanna (325)

Steven Matthews

Ceist:

325. Deputy Steven Matthews asked the Minister for Health the position regarding the Departmental review of the dental medical card scheme; if a timeline can be provided for its completion; his plans to alleviate access issues to dentists for medical card holders in the short-term; and if he will make a statement on the matter. [43851/22]

Amharc ar fhreagra

Freagraí scríofa

The Dental Treatment Services Scheme (DTSS) provides dental care, free of charge, to medical card holders aged 16 and over. I recognise that there is a need to substantively review and reform the DTSS to align with best international evidence and practice, as outlined in the National Oral Health Policy, Smile agus Sláinte (2019).

An unprecedented allocation of €15 million has been made in Budget 2023 to enhance the provision of oral healthcare services. On top of this €15 million allocation, resources will also be made available for new clinical leadership posts and for other supporting staff to allow substantive reform of the provision of public oral healthcare services to all ages to commence.

I am aware that a significant number of dentists chose to leave the Scheme during the pandemic, which led to difficulties for medical card patients in accessing dental care in some parts of the country. The numbers of patients being seen and the numbers of treatments being provided under the DTSS have both increased in recent months following a €26 million package of additional investment in, and expansion of, the Scheme from 1st May 2022, over and above what was spent on the Scheme in 2021.

The HSE will assist patients who are still having difficulties accessing services and may provide emergency dental services directly to patients where necessary. I have also secured an additional €5 million in Budget 2023 to help enable provision of such emergency care. 

Health Services

Ceisteanna (326)

Noel Grealish

Ceist:

326. Deputy Noel Grealish asked the Minister for Health if the Government will call for an extension of medical device directive certificates (details supplied) until the notified body capacity is resolved, in order to maintain patient access to vital medtech that are already safely in use in the market, given that as much as 85% of the 500,000 devices covered under the previous medical devices directive are yet to be certified under the new MDR due to bottlenecks in the overburdened notified bodies system; and if he will make a statement on the matter. [52494/22]

Amharc ar fhreagra

Awaiting reply from Department.

Disability Services

Ceisteanna (327, 357, 358, 359)

Catherine Connolly

Ceist:

327. Deputy Catherine Connolly asked the Minister for Health further to Parliamentary Question No. 208 of 12 October 2022, that recipients of the supplementary blind welfare allowance will receive a cost-of-living double payment in October 2022 and a Christmas bonus double payment in respect of their supplementary blind welfare allowance payment; the reason information on these double payments is not available on the HSE website; and if he will make a statement on the matter. [52499/22]

Amharc ar fhreagra

Michael Ring

Ceist:

357. Deputy Michael Ring asked the Minister for Health his views on the need to allow conditional and temporary medical device regulation certification; and if he will make a statement on the matter. [52638/22]

Amharc ar fhreagra

Michael Ring

Ceist:

358. Deputy Michael Ring asked the Minister for Health his views on the need to abolish the medical device regulation warehousing deadline; and if he will make a statement on the matter. [52639/22]

Amharc ar fhreagra

Bernard Durkan

Ceist:

359. Deputy Bernard J. Durkan asked the Minister for Health if and when a person (details supplied) and her husband qualify for a full medical card which was previously withdrawn; and if he will make a statement on the matter. [52644/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 327, 357, 358 and 359 together.

Regulation (EU) 2017/745 on medical devices (‘MDR’) has been fully applicable as of 26 May 2021 and Regulation (EU) 2017/746 on in vitro diagnostic medical devices (‘IVDR’) became fully applicable as of 26 May 2022.

The overarching objectives of these new regulations is to significantly strengthen the regulatory system for medical devices and provide a framework that is robust and consistent and serves to enhance public health across the EU by ensuring that medical devices are safe, perform as intended and afford benefits to patients and healthcare systems. 

Implementation of the new regulations has not been without challenge and I am aware that one of the key challenges in implementing these regulations relates to the capacity of the system in certifying devices under the new framework, which has been compounded by the Covid-19 pandemic and there are indeed other challenges associated with implementation of the new regulatory framework. My officials are kept in full brief on these issues through engagements with the Health Products Regulatory Authority (HPRA) and EU fora and my department is working via these fora in considering and addressing these challenges and working towards the effective implementation of the regulations, ensuring that healthcare systems and patients have access to safe medical devices.  My Department is fully committed to continuing to work with key stakeholders in this regard, in identifying and reaching pragmatic and necessary solutions to these challenges.

It remains imperative that we continue to work collectively across the EU in identifying harmonized solutions to these challenges in order to ensure that the new regulatory system is effective in practice and delivers on its objectives.

The full and effective implementation of these important regulations remains a key priority for my Department and I. We will continue to work collaboratively with stakeholders to address and overcome the challenges faced with the overall objective of ensuring that the benefits of these regulations are ultimately achieved in practice.

Disability Services

Ceisteanna (328)

Richard Bruton

Ceist:

328. Deputy Richard Bruton asked the Minister for Health if he will provide an update on the work to replace the mobility allowance; and if he will make a statement on the matter. [52501/22]

Amharc ar fhreagra

Freagraí scríofa

Under the National Disability Inclusion Strategy 2017 - 2021, the Department of Transport has responsibility for the continued development of the availability of accessible public transport and is committed to this in recognition of the importance of such services to the lives of people with disabilities.

Under the National Disability Inclusion Strategy, a Transport Working Group has been established to advance Action 104 of the National Disability Inclusion Strategy. The commitment under Action 104 is to ‘lead a review of transport supports encompassing all Government funded transport and mobility schemes for people with disabilities, to enhance the options for transport to work or employment supports for people with disabilities and [to] develop proposals for development of a coordinated plan for such provision. This plan will have regard to making the most efficient use of available transport resources’.

The Working Group will consider proposals to inform the development of a coordinated plan for the enhancement of Government-funded transport and mobility supports available to people with disabilities.

Recent developments which will impact on the policy options include the following:

The ongoing progress by the Department of Transport in providing accessible public transport nationally and that Department's review of active travel and public transport policy, including accessible public transport;

The Cost of Disability Study, commissioned by the Department of Social Protection, which will inform policy direction in relation to the provision of adequate supports to meet the needs of people with disabilities, including transport costs;

The Department of Finance's review the Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme.

Nursing Homes

Ceisteanna (329)

Chris Andrews

Ceist:

329. Deputy Chris Andrews asked the Minister for Health if his Department will examine the case of a closure of a nursing home (details supplied) in which the relatives of residents were only informed of its imminent closure with a few weeks' notice; and if there are any statutory requirements placed on nursing homes to provide a minimum notice period to allow families sufficient time to find appropriate alternatives for their loved ones. [52511/22]

Amharc ar fhreagra

Freagraí scríofa

I am aware that a number of nursing homes have closed this year, and of how upsetting such closures are for residents, their families and staff. The closure of any nursing home reduces bed capacity and puts pressure on other local health and social care facilities, including acute hospitals. Ensuring the welfare and safety of residents is secured when nursing homes close is the most important thing and work to alleviate the concerns of nursing home residents must continue.

All nursing homes, as registered providers with HIQA, have well-established obligations under the legal framework in terms of the delivery of safe care to residents.  As per regulations, HIQA must also be notified of any closure with 6 months’ notice. It is essential that when nursing homes are intending to close, residents and their families are consulted with and given appropriate notice so that new homes can be found and they can be moved in a safe, planned way. The continued wellbeing of nursing home residents and their families remains my continued focus.

It is imperative that nursing homes manage potential cost pressures in line with their regulatory and contractual responsibilities, maintaining their quality of care so that residents’ lived experience and comfort is not affected. I recognise that these cost pressures often disproportionately affect smaller nursing homes that do not have the same access to economies of scale as larger nursing homes; recent interventions by the State have taken this into consideration and will continue to do so.

Funding to support people to access long-term residential care is provided in line with the long-established statutory mechanisms under the Nursing Homes Support Scheme Act 2009. This is the mechanism established by the Oireachtas to provide for the processes relating to funding under the NHSS and the negotiation of prices for services for private and voluntary providers with the designated State agency, the National Treatment Purchase Fund (NTPF). Maximum prices for individual nursing homes are agreed with the NTPF following negotiations and based on the NTPF’s cost criteria. These criteria include:

- Costs reasonably incurred by the nursing home

- Local market prices

- Historic prices

- Overall budgetary capacity

The NTPF carry out this role independently under the NHSS Act 2009 and there is no role for Ministers or the Department in these negotiations.  It should also be noted that the Department continues to work with the NTPF to take forward the recommended actions that emerged from the review of the NTPF pricing system published in June 2021.

The Government has provided substantial supports to the nursing home sector over the course of the pandemic. Over €144 million has been claimed by nursing homes under the Temporary Assistance Payment Scheme (TAPS) since its introduction in 2020. The Government has now agreed to extend TAPS to the end of the year by maintaining the availability of Outbreak Assistance support. The scheme will also be refocused on addressing this year's inflationary pressures related to energy and heating, whilst continuing to support nursing homes with the cost of managing COVID-19 outbreaks. Details are being finalised and these will be communicated in the coming days.

Substance Misuse

Ceisteanna (330)

Gino Kenny

Ceist:

330. Deputy Gino Kenny asked the Minister for Health if his attention has been drawn to a recently published report from the Health Research Board, the national drug treatment reporting system: 2015-2021 drug treatment data, showing rapidly increasing drug use in Ireland; and if he will consider a different legal approach based on decriminalisation. [52406/22]

Amharc ar fhreagra

Freagraí scríofa

The National Drug and Alcohol Survey, is conducted every four years  to survey the general population aged 15 years and over, about the prevalence of drug use in Ireland. It examines the use of a variety of drugs and includes alcohol and tobacco consumption. The results of the 2019/2020 survey show that overall, the use of illegal drugs has remained at a similar level to that recorded in the 2014/15 survey. An increase has been seen, however, in the use of cocaine and ecstasy.

While cannabis is the most prevalent illegal drug used in Ireland, of cannabis use has decreased from 6.5% to 5.9% when compared to the 2014/15 survey. A significant decrease in the instances of Cannabis Use Disorder has also been recorded. Cocaine use has increased across all age groups. Men aged 25 to 34 are most likely to report cocaine use in the last year. The findings of the 2019/20 survey represent a significant increase in use when compared to the same cohort in the 2014/15 survey.  Recent cocaine use among males aged 25-34 years increased, from 1.8% in 2003 to 9.4% in 2019-2020.

Ecstasy was the second most commonly used drug in the last 12 months after cannabis and has increased in prevalence from 1.8 to 2.2%. The recent use of ecstasy among 15- to 64-year-olds has risen from 2.1% to 2.7% when compared to the findings of the 2014/15 survey.

The National Drug Treatment Reporting System (NDTRS) is the national surveillance system that records and reports on the numbers of cases in treatment for drug and alcohol related problems. The latest NDTRS report published in June, provides information on treatment provided by health services to address the harmful effects of drug use, and the types of drugs that are most impacting on people in treatment, and the social factors associated with problematic drug use.

The National Drugs Strategy, Reducing Harm, Supporting Recovery, sets out a health-led approach to drug use. It promotes a more compassionate and humane approach to people who use drugs, with drug use treated first and foremost as a public health issue.

The Programme for Government endorses this health-led approach. By treating the use of substances as a public health issue, rather than solely as a criminal issue. 

Arising from the mid-term review of the national drugs strategy, six strategic priorities were identified for the remaining years of the strategy until 2025, which align with the EU Drugs Strategy and Action Plan. 

One priority is to promote alternatives to coercive sanctions for drug-related offences. This aims to reinforce the health-led, rather than criminal justice-led, approach to people who use of drugs and who commit drug-related crimes. The focus will be on the rollout of the health diversion programme for people in possession of drugs for personal use, which will offer compassion not punishment. Other initiatives, such as the drug treatment courts, will also be supported. A particular emphasis will be on the exchange of best practice on alternatives to coercive sanctions with EU member states.

The health diversion programme will connect people who use drugs with health services and a pathway to recovery, avoiding a criminal conviction, which can have far-reaching consequences for people, particularly younger people. The commencement of the health diversion programme is currently being finalised. The health diversion programme will be reviewed following the first full year of implementation, to ensure it is meeting all of its aims and to make any necessary changes. 

The working group on alternative approaches to the possession of drugs for personal use examined the option of decriminalising drugs. The group did not deem this an appropriate option in the Irish context due to legal difficulties (which could lead to the de facto legalisation of drugs), and operational problems for An Garda Síochána. The report of the working group is available here. Accordingly, the Government has no plans to decriminalise drugs, including cannabis.

We cannot be complacent about the risk to health posed by illicit drugs. The Government is committed to a public health approach to drug use, that will lead to better outcomes for individuals and society. I look forward to the deliberations on this matter by the forthcoming citizens assembly on drug use.

Question No. 331 answered with Question No. 91.

Legislative Measures

Ceisteanna (332)

Catherine Murphy

Ceist:

332. Deputy Catherine Murphy asked the Minister for Health the status of the Patient Safety (Licensing) Bill 2022. [52553/22]

Amharc ar fhreagra
Awaiting reply from Department.

Medicinal Products

Ceisteanna (333)

John McGuinness

Ceist:

333. Deputy John McGuinness asked the Minister for Health if the drug plaquenil will be approved for use in the case of a person (details supplied); and if he will make a statement on the matter. [52558/22]

Amharc ar fhreagra

Freagraí scríofa

The general scheme of the Patient Safety (Licensing) Bill - which will introduce a licensing requirement for hospitals, public and private, and certain designated high-risk activities in the community - was approved by Government on the 12th of December 2017; it underwent Pre-Legislative Scrutiny at the Oireachtas Joint Committee of Health on the 13th of June 2018; and it is currently with the Attorney General’s Office for drafting.

The Patient Safety (Licensing) Bill is part of a suite of measures to improve patient safety including the Patient Safety (Notifiable Patient Safety Incidents) Bill. Currently the Department is progressing the Patient Safety (Notifiable Patient Safety Incidents) Bill, which will provide the legislative framework for the extension of the Health Information Quality Authority's regulatory remit to private hospitals. This Bill also includes provisions for the establishment of a legislative framework for mandatory open disclosure and reporting of designated serious patient safety incidents and, the provision of certain legislative protections for the conduct of clinical audit against explicit clinical standards on a national basis. It is part of the current Programme for Government, was introduced into Dáil Éireann on the 12th of December 2019, passed Committee Stage on the 10th of March 2022 and is due to go to Report and Final Stages in the Autumn legislative session.

Legislative Reviews

Ceisteanna (334)

Bríd Smith

Ceist:

334. Deputy Bríd Smith asked the Minister for Health if the independent evaluation carried out by a university (details supplied) as part of the termination of pregnancy legislation review will be made publicly available; and when this will occur; and if he will make a statement on the matter. [52564/22]

Amharc ar fhreagra

Freagraí scríofa

The Review of the Health (Regulation of Termination of Pregnancy) Act 2018 commenced in line with statutory and Government commitments in December 2021. The Review will assess the effectiveness of the operation of the legislation and will be conducted in a fair and transparent manner.

The Review has 2 main phases. The first phase is comprised of a three-part approach to appraise the operation of the Act, with strands focusing on service users, service providers and a public consultation.

The second phase of the Review is being led by an independent Chair, Marie O’Shea BL, who will assess the extent to which the objectives of the 2018 Act have been achieved, analysing in that regard the findings of the three major research inputs.

A final report will be submitted to me, as Minister in late 2022 for consideration.

Dental Services

Ceisteanna (335)

Michael McNamara

Ceist:

335. Deputy Michael McNamara asked the Minister for Health the number of public-only dentists working in County Clare in 2006, 2011, 2016, 2021 and in October 2022; and if he will make a statement on the matter. [52574/22]

Amharc ar fhreagra

Awaiting reply from Department.

Mental Health Services

Ceisteanna (336, 337)

Mark Ward

Ceist:

336. Deputy Mark Ward asked the Minister for Health if he will provide a report on the total money allocated to mental health in Budget 2023; and if he will make a statement on the matter. [52590/22]

Amharc ar fhreagra

Mark Ward

Ceist:

337. Deputy Mark Ward asked the Minister for Health the percentage of the overall health budget that has been allocated for mental health in 2023; and if he will make a statement on the matter. [52591/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 336 and 337 together.

The total allocation for mental health services in 2023 is over €1.2 billion, which is another record budget for mental health services. This significant investment will enable implementation of many of the short and medium-term measures in our national mental health policy, Sharing the Vision. Such measures will enhance the provision of mental health supports across a broad continuum from mental health promotion, prevention and early intervention, to acute and specialist mental health service delivery. This will enable us to continue to deliver our vital services to as many people as possible, as we move into 2023.

As occurs each year following the Budget, discussions will now take place with the HSE on details relating to specific service initiatives in the context of preparing the HSE Service Plan 2023, including service initiatives relating to Mental Health.

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