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Written Answers — Department of Health: Medicinal Products Availability (16 Dec 2015)

Kathleen Lynch: As the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy. If the Deputy has not received a reply from the HSE within 15 working days, he can contact my Private Office and they will follow the matter up with the HSE.

Written Answers — Department of Health: Long-Term Illness Scheme Eligibility (16 Dec 2015)

Kathleen Lynch: The LTI Scheme was established under Section 59(3) of the Health Act, 1970 (as amended). Regulations were made in 1971, 1973 and 1975 specifying the conditions covered by the LTI Scheme. The conditions covered by the LTI Scheme are as follows: Acute Leukaemia; Mental handicap; Cerebral Palsy; Mental Illness (in a person under 16); Cystic Fibrosis; Multiple Sclerosis; Diabetes Insipidus;...

Written Answers — Department of Health: Medicinal Products Availability (16 Dec 2015)

Kathleen Lynch: The HSE has statutory responsibility for decisions on pricing and reimbursement of medicinal products under the community drug schemes in accordance with the provisions of the Health (Pricing and Supply of Medical Goods) Act 2013. Prior to reimbursing any medicine, the HSE considers a range of statutory criteria, including clinical need, cost-effectiveness and the resources available to the...

Written Answers — Department of Health: Autism Support Services (16 Dec 2015)

Kathleen Lynch: The particular issues raised by the Deputy are service matters for the Health Service Executive. Accordingly I have arranged for the question to be referred to the HSE for direct reply to the Deputy. If you have not received a reply from the HSE within 15 working days please contact my Private Office and they will follow up the matter with them.

Written Answers — Department of Health: Health Services Data (16 Dec 2015)

Kathleen Lynch: As this is a service matter it has been referred to the Health Service Executive for direct reply. If you have not received a reply from the HSE within 15 working days please contact my Private Office and they will follow up the matter with them.

Written Answers — Department of Health: Medical Card Applications (16 Dec 2015)

Kathleen Lynch: The Health Service Executive has been asked to examine this matter and to reply to the Deputy as soon as possible. The Health Service Executive operates the General Medical Services scheme, which includes medical cards and GP visit cards, under the Health Act 1970, as amended. It has established a dedicated contact service for members of the Oireachtas specifically for queries relating...

Written Answers — Department of Health: Disability Services Provision (16 Dec 2015)

Kathleen Lynch: Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. As the specific matters raised in the Deputy's question relate to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy. If the...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: We are nearing the finish line in many respects but before I begin I will acknowledge some people in the public Gallery today who have taken an incredible interest in this Bill, and not just in terms of the Law Reform Commission. Ms Jean Spain is in the Gallery. Ms Spain and Ms Deirdre Carroll were two of the first people who ever approached me about capacity and this Bill is centrally...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: The Government decided on 8 December that responsibility for the decision support service would be moved from the Courts Service to the Mental Health Commission. This is in response to concerns expressed at the proposal to locate the decision support service in the Courts Service. The original decision to locate the Office of Public Guardian, as it was then called, in the Courts Service was...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: The ideal would be a stand-alone agency. There is no disagreement about it. Unfortunately, the Government has committed not to create any new agencies. Therefore, we had to find something more appropriate. What Senator O'Donnell said about human rights is important. Those in the Mental Health Commission are the people who know the most about human rights. We are talking about a...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: It gave a commitment not to establish any further bodies. Does the Senator remember?

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: Yes.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: If it is happening here, Senator, then it was clearly not just to the media.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: No. It was decided afterwards.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: That will be for the next Government. Maybe in the future somebody will make a different decision but, as it stands, we had to decide what the best fit was for this. We were told that the Courts Service was not the best fit because we were extinguishing wards of court. We had to see who had the expertise and who was committed to human rights with regard to capacity. This is about the...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: I have four and a half years of experience with the Mental Health Commission and they are probably the most independent group of people I have ever come across. It is financed and resourced by Government but has no problem telling it exactly what is wrong, where something is wrong and what it should do to put it right. In the first instance the director will have to report to the Mental...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: Yes, it would require a complete new section, but that is not an option for me. I understand the difficulties and I understand the perception, but in negotiating this with the Mental Health Commission we need to ensure this particular area is separated out and is seen to be separated out while continuing to operate as a separate entity under the remit of the Mental Health Commission.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: We have to give the Mental Health Commission time because it knows what we want it to do. That is why commencement will not take place for six months. The Mental Health Commission submits its budget every year in the same way as does any Department of Government. It has done it for this year and the funding will be distributed accordingly. The additional funding will have to be negotiated...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: Amendments Nos. 4, 9, 10, 12, 14 to 18, inclusive, 20 to 25, inclusive, 35 to 37, inclusive, 39, 43, 45, 46, 49, 51, 53 and 56 are all technical amendments to improve the drafting of the Bill and to make the intent of the provisions clearer.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: Thank you, a Leas-Chathaoirligh. Well done.

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