Written Answers Nos. 320-328
320. Deputy Róisín Shortall asked the Minister for Health the timeline that he is working towards in progressing the Patient Safety (Notifiable Patient Safety Incidents) Bill 2019 through all stages of Dáil and Seanad Éireann; and if he will make a statement on the matter. [58625/22]
Amharc ar fhreagraThe Patient Safety (Notifiable Patient Safety Incidents) Bill 2019 (Patient Safety Bill) builds on the foundations provided for by the Houses of the Oireachtas in relation to open disclosure as set out in the Civil Liability (Amendment) Act 2017 and Regulations 2018. The development of the Patient Safety Bill arose out of the Government’s Decision of 8 May 2018, which directed that the patient safety elements of the Health Information and Patient Safety Bill dealing with:
- Mandatory external notification of patient safety incidents;- Clinical audit; and - The extension of HIQA's remit to private hospital services
be incorporated into a new Patient Safety Bill. In addition, in accordance with the Government decision, it was agreed that provision should also be made for mandatory open disclosure in the Bill in respect of serious patient safety incidents, further to the undertakings provided by the Minister for Health to the Oireachtas during the passage of the Civil Liability (Amendment) Act 2017. The Patient Safety Bill has been developed in line with this direction.
The Bill was introduced to the Dáil and passed Second Stage on 12 December 2019. The Bill, including three additional amendments mandated by the Government Decision of December 2019, passed Committee Stage in the Dáil on 10 March 2022.A key provision of the Patient Safety Bill is to ensure that patients and their families have access to comprehensive and timely information, including an apology where appropriate, in relation to serious patient safety incidents. This contributes to embedding a culture whereby clinicians, and the health service as a whole, engage openly, transparently and compassionately with patients and their families when things go wrong. The Patient Safety Bill provides for mandatory open disclosure to patients and/or their families/caregivers of specified serious patient safety incidents and also provides for the mandatory external notification of those same events to the appropriate body. The Bill contains a Schedule listing a number of the most serious notifiable patient safety incidents, including maternity related incidents, which are subject to mandatory open disclosure. The incidents listed are of a very serious nature, resulting in the main in unintended or unanticipated death. The Bill also sets out a process by which the Minister for Health may make regulations expanding the list of notifiable patient safety incidents over time, in line with advancement in clinical practice and international developments.
It is intended to bring the Bill to Report and Final Stages during this Dáil Session. The Bill will then progress through the Seanad.
321. Deputy Róisín Shortall asked the Minister for Health the status of the health insurance (amendment) Bill 2022, which was listed as a priority for drafting and publication in this session in the autumn 2022 Government legislation programme; the timeline that he is working towards for publication of the heads; and if he will make a statement on the matter. [58626/22]
Amharc ar fhreagraThe Government Decision (S180/20/10/2769) of 11 October 2022 approved the drafting of the Health Insurance (Amendment) Bill 2022 to provide for revised risk equalisation credits and corresponding stamp duty levies on health insurance policies for 2023, specification of the end date of the act of entrustment (required by the European Commission) and make further provision for the appointment and powers of authorised officers of the Health Insurance Authority.
Government Decision (S180/20/10/2769) of 22 November 2022 approved the publication of the Bill, and this will facilitate the Bill commencing in the Houses before month-end and ensure its timely passage through the Oireachtas before the end of December.
322. Deputy Willie O'Dea asked the Minister for Health if he will consider establishing a full public inquiry into deaths during the Covid-19 pandemic at both public and private nursing and care homes; and if he will make a statement on the matter. [58627/22]
Amharc ar fhreagraI recognise how difficult it has been for the families of nursing home residents who died during this pandemic, which has presented one of the greatest and most wide-ranging public health challenges internationally in recent history.
Since the start of the pandemic, the national response has continuously evolved to take account of emerging evidence and learnings both nationally and internationally. Throughout, this has included a specific focus on older people, in particular, those resident in nursing homes.
Significant supports were put in place for nursing homes, and the situation at both a local and a national level was kept under ongoing and active review. An independent Nursing Homes Expert Panel was established early in the pandemic to examine the management of COVID-19 in nursing homes and provide real-time learnings and recommendations to inform the ongoing response. The Expert Panel reported in August 2020 and significant progress has been made in implementing its recommendations.
The Taoiseach has indicated that a comprehensive evaluation of how the country managed COVID-19 will be undertaken which will provide an opportunity to learn lessons from our experiences in dealing with a pandemic over the past 2 years. This will help ensure that we are in a better, stronger position if another pandemic or another similar type of emergency arrives. Consideration is being given as to what the best model for this evaluation will be.
Separately, the Minister for Health has stated that he believes that a review of the management and impact of COVID-19 in nursing homes is warranted. He has asked the Department of Health to consider the options available for undertaking such a review, taking account of the experience of, and learnings, from other review processes undertaken in recent years.
323. Deputy Willie O'Dea asked the Minister for Health when a vaccine compensation scheme will be introduced in this country to fast-track compensation for persons who have been damaged as a result of taking Covid vaccines and other vaccines (details supplied); and if he will make a statement on the matter. [58632/22]
Amharc ar fhreagraIn June 2018, the Government agreed to the establishment of an expert group to review the management of clinical negligence claims. It was chaired by the High Court judge, Mr. Justice Charles Meenan. The expert group examined the system from the perspective of the person who has made the claim to explore if there is a better way to deal effectively, yet more sensitively, with certain cases.
Mr. Justice Meenan submitted the final report on the current system for managing clinical negligence claims to the then Minister for Health and Minister for Justice in January 2020, prior to the onset of the COVID-19 pandemic. The Government subsequently published the Meenan report in December 2020. One of the report's recommendations is that a compensation scheme be established.
On foot of a request from the Department of Health, the Health Research Board (HRB) carried out an evidence review on the vaccine injury redress programme in other jurisdictions, which was completed in March 2019. The expert group's report, in addition to the HRB's evidence review, and consultation with other Departments and relevant State agencies will inform the development of proposals regarding the establishment of a compensation scheme, including the need for primary legislation.
While some preliminary scoping work has been undertaken by the Department, during the Pandemic all available Department of Health resources were devoted to the Public Health response. This has meant that progress on the development of policy in this area could not be progressed as intended.
There is still significant work required to develop proposals for consideration by Government regarding vaccine damage compensation. As part of that work, it is anticipated that consideration will also be given to the inclusion of claims relating to alleged adverse reactions from COVID-19 vaccines.
324. Deputy Bernard J. Durkan asked the Minister for Health when an emergency medical card will be approved in the case of a person (details supplied); and if he will make a statement on the matter. [58688/22]
Amharc ar fhreagraAs this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
325. Deputy Bernard J. Durkan asked the Minister for Health when an emergency medical card might be approved in the case of a person (details supplied); and if he will make a statement on the matter. [58689/22]
Amharc ar fhreagraAs this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
326. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine if he will confirm that his Department differentiates between male and female applicants for TAMS funding, given that 60% TAMS funding will be provided to successful female applicants aged 41-55 years of age, whereas only 40% funding will be provided to similarly aged male applicants. [58556/22]
Amharc ar fhreagraThe new Women Farmers' Capital Investment Scheme, proposed under the new TAMS, is due to open in 2023. Under the new TAMS, the general grant rate on farm investments will be 40%, with women and young farmers receiving a 60% grant rate, subject to meeting certain conditions.The new CAP regulation (EU Regulation 2115 of 2021, establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy), states that there should be “particular focus on promoting the participation of women in the socio-economic development of rural areas, with special attention to farming” and article 6(h) states that a specific objective is: “to promote employment, growth, gender equality, including the participation of women in farming, social inclusion and local development in rural areas, including the circular bio-economy and sustainable forestry”.
There currently is no differentiation on gender for applicants to the Targeted Agricultural Modernisation Scheme (TAMS).
327. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine if he sought advice on whether the differentiation between male and female TAMS applicants aged 41-55 years of age is permissible under the Constitution of Ireland. [58557/22]
Amharc ar fhreagraThe new CAP regulation (EU Regulation 2115 of 2021, establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy), states that there should be “particular focus on promoting the participation of women in the socio-economic development of rural areas, with special attention to farming” and article 6(h) states that a specific objective is: “to promote employment, growth, gender equality, including the participation of women in farming, social inclusion and local development in rural areas, including the circular bio-economy and sustainable forestry”.
Preparation for Ireland’s CAP Strategic Plan (CSP) identified gender inequality as a weakness, while the economic benefits of increasing female participation was identified as an opportunity. In consultation with stakeholders, several measures have been included in the CSP which will support greater gender equality. These measures include:
- An increased grant rate of 60% under the Capital Investment Scheme to fund investments by trained women farmers.
- The promotion of women-only Knowledge Transfer Groups.
- Improved recording and reporting of gender data and the leveraging of the National CAP Network to increase the involvement of all women in the implementation of CAP.
- All CAP interventions will be developed with a gender-aware perspective to ensure there are no inherent barriers to women’s participation.
- In addition, European Innovation Partnerships offer an ideal opportunity for the sector to develop initiatives that will promote women’s participation in farming.
In considering the introduction of the increased grant rate, legal advice was sought. The advice received was that the equality of opportunity between men and women in farming can be promoted, as per section 14(b)(i) of the Equal Status Act: “Nothing in this Act shall be construed as prohibiting … preferential treatment or the taking of positive measures which are bona fide intended to … promote equality of opportunity for persons who are, in relation to other persons, disadvantaged or who have been or are likely to be unable to avail themselves of the same opportunities as those other persons ”
328. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine the arrangements that are in place for transsexual and intersex TAMS applicants aged 41-55 years of age. [58558/22]
Amharc ar fhreagraThere are no restrictions on gender for applicants to TAMS II. Once an applicant meets the eligibility criteria for the specific measure, they can submit an application.
Regarding the new Woman Farmers Capital Investment Scheme under TAMS 3, the applicant will demonstrate their eligibility by uploading a birth certificate or a gender recognition cert at the time of application.
This scheme will meet the specific objective under Article 6 para (h) of Regulation (EU) 2021/2115 of the European Parliament and of the Council, namely:
(h) to promote employment, growth, gender equality, including the participation of women in farming, social inclusion and local development in rural areas, including the circular bio-economy and sustainable forestry;
There will be no gender criteria in the other nine schemes proposed under TAMS 3.
