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Written Answers — Health Services: Health Services (2 Feb 2005)

Brian Lenihan Jnr: The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Accordingly, my Department has requested the chief officer of the executive's eastern regional area to investigate the matter raised and to reply...

Seanad: Water and Sewerage Schemes. (2 Feb 2005)

Brian Lenihan Jnr: I thank Senator Paddy Burke for raising this matter on the Adjournment. I am making this reply on behalf of the Minister for the Environment, Heritage and Local Government, Deputy Roche. The Government's water services pricing policy framework requires the full recovery of the cost of water services provision from non-domestic users on the basis of average operational and marginal capital...

Seanad: Water and Sewerage Schemes. (2 Feb 2005)

Brian Lenihan Jnr: From the reply the position of the Minister appears to be that there is no rule of thumb regarding the calculation of the marginal capital cost. The marginal capital cost is a matter assessed and verified by the Department on receipt of a submission from the relevant local sanitary authority. That may give the Senator a peg on which to progress this matter further.

Seanad: Orthodontic Service. (2 Feb 2005)

Brian Lenihan Jnr: I thank Senator Brennan for bringing this matter before the House on the Adjournment and I will convey his concerns to the Tánaiste and Minister for Health and Children, Deputy Harney, on whose behalf I make this reply. I thank the Senator for giving me the opportunity to put the position on record regarding restorative dentistry. As the Senator is aware, the Health Act 2004 provided for the...

Postal Dispute. (3 Feb 2005)

Brian Lenihan Jnr: I am replying on behalf of the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey. It would be useful to set out the background to the current difficulties being experienced following the decision of the board of An Post to close the company's parcels subsidiary, the special delivery service, SDS, and to reintegrate the parcels business back into the main company....

Departmental Funding. (3 Feb 2005)

Brian Lenihan Jnr: Gabhaim buíochas don Teachta an cheist seo á phlé. I make this reply on behalf of the Minister for Health and Children, Deputy Harney. The national steering committee on violence against women was established following the report of the task force on violence against women in 1997. As Deputy Ó Snodaigh acknowledged, it is chaired by the Minister of State at the Department of Justice,...

Health and Safety Regulations. (3 Feb 2005)

Brian Lenihan Jnr: I am not in a position to answer that.

Health and Safety Regulations. (3 Feb 2005)

Brian Lenihan Jnr: I will deal with the Bill in my reply.

Health and Safety Regulations. (3 Feb 2005)

Brian Lenihan Jnr: I thank the Deputy for raising the matter, the reply to which I am making on behalf of the Minister for Communications, Marine and Natural Resources. I understand the context in which the Deputy has raised this matter and I assume he is aware of the unfortunate incident in 2003 at Glendoher Close, Rathfarnham. All the members of the family involved were injured in an explosion. The family...

Rail Network. (3 Feb 2005)

Brian Lenihan Jnr: I thank Deputy Keaveney for raising this important issue on the Adjournment. I was impressed with her eloquent plea for direct rail connection to Derry, which as she said is the fourth largest city in Ireland and one of significant sentimental importance to the people as a whole. I will certainly draw her comments to the attention of the Minister for Transport, Deputy Cullen, on whose behalf...

Written Answers — Health Service Staff: Health Service Staff (8 Feb 2005)

Brian Lenihan Jnr: The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for adoption assessments. Accordingly, my Department has requested the chief officer for the executive's...

Finance Bill 2005: Second Stage (Resumed). (9 Feb 2005)

Brian Lenihan Jnr: From the Deputy's prospective partners in government.

Written Answers — Children in Care: Children in Care (10 Feb 2005)

Brian Lenihan Jnr: I understand that the particular question raised by the Deputy relates to the placement of the child in care under the Child Care Act 1991. While I do not propose to comment on the specific circumstances of the case, I wish to convey my deepest sympathy to the family of the child concerned. The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005....

Written Answers — Children in Care: Children in Care (10 Feb 2005)

Brian Lenihan Jnr: The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for unaccompanied minors seeking asylum. Accordingly, my Department has requested the Health Service...

Written Answers — Care of the Elderly: Care of the Elderly (10 Feb 2005)

Brian Lenihan Jnr: As the Deputy may be aware, there are commitments in Sustaining Progress, An Agreed Programme for Government and the health strategy, "Quality and Fairness", on the establishment of the social services inspectorate on a statutory basis and the extension of its remit to other social services, including residential services for older people. I intend to include the necessary legislative...

Written Answers — Rights of the Child: Rights of the Child (10 Feb 2005)

Brian Lenihan Jnr: The Ombudsman for Children has made a submission to the All-Party Oireachtas Committee on the Constitution and recommended an amendment to the Constitution to grant express rights to children. The Ombudsman for Children is completely independent and it would not be appropriate for me to comment on her submission. Presumably when the final report of the all-party committee has been laid before...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Report and Final Stages. (10 Feb 2005)

Brian Lenihan Jnr: This is a technical amendment to section 38 of the Offences against the State Act 1939. It adds a new subsection (4) to section 38 of the 1939 Act, providing that, for the purposes of the Act, a Special Criminal Court is in existence if it has been established under that section and has at the relevant time not fewer than three members appointed under section 39. Section 49 of the 1939 Act...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Report and Final Stages. (10 Feb 2005)

Brian Lenihan Jnr: This amendment also deals with the Special Criminal Court, amending section 49 of the 1939 Act. One of the factors behind the Government's decision to establish a second Special Criminal Court was the need to avoid any difficulty or challenge on the basis that persons are held on remand for undue periods pending trial. Currently the earliest available date for a hearing in the existing...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Report and Final Stages. (10 Feb 2005)

Brian Lenihan Jnr: There was nothing underhand in the way the Government arrived at a decision in this matter. The Government decision was made on 14 December and it made the necessary proclamation under the 1939 Act, as was made in 1972. The basis of the Government decision was that trials are taking an increasingly long time in the Special Criminal Court and it is important that the court do its business...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Report and Final Stages. (10 Feb 2005)

Brian Lenihan Jnr: This amendment relates to the application of the rule of specialty in respect of persons surrendered by Ireland. It entails amendments to section 69. The rule of specialty provides that a person may be proceeded against only in respect of the offence for which he or she was surrendered. Article 27 of the framework decision provides that the rule shall generally apply under the European arrest...

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