Joe Sherlock (Cork East, Labour)
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Question 351: To ask the Minister for Health and Children if the provisions of section 38 of the Health Act 1970 remain in place; if responsibility for this section was transferred to the Health Service Executive under the 2004 Act; and if she will make a statement on the matter. [32014/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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Section 38 of the Health Act 1970 is still in force. Under the Health Act 2004 the functions of the health boards were transferred to the Health Service Executive. Therefore those functions in section 38 of the Health Act 1970 which were functions of the health boards are now functions of the Executive.

Richard Bruton (Dublin North Central, Fine Gael)
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Question 352: To ask the Minister for Health and Children if her attention has been drawn to the fact that many seriously ill persons being cared for at home are rationed to four incontinent pads per day, and even the local public health nurse is not given discretion to increase this allocation where there is a clear need; and if she will issue a directive to the Health Service Executive to bring this practice to an end. [32015/06]

Seán Power (Kildare South, Fianna Fail)
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The Health Service Executive (HSE) has advised that when a client who resides at home presents with a continence problem they are assessed by their Public Health Nurse using a clinical assessment tool based on Best Practice. The quantity of continence wear to be supplied is decided in accordance with this assessment. Normally clients' requirements are met by the supply of up to four urinary incontinence pads every 24 hours. However, when the assessment determines it, the Public Health Nurse will use his/her professional judgement to issue the required number of incontinence pads to meet the clients assessed needs even if this is in excess of four pads per day.

The HSE has asked that if the Deputy is aware of any clients whose assessed needs are not being met, perhaps he could supply the names and addresses to them for follow up.