Written answers

Tuesday, 17 November 2020

Department of Health

Proposed Legislation

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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820. To ask the Minister for Health the status and plans for advancing the public health (calorie posting and workplace wellbeing) Bill; the legislative timeline; and if he will make a statement on the matter. [36874/20]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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Work to develop a General Scheme for a Public Health (Calorie Posting and Workplace Wellbeing) Bill is suspended due to the COVID-19 pandemic. It will be kept under review in the context of the pandemic and available resources.

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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821. To ask the Minister for Health the status and plans for advancing the safe access zones Bill; the legislative timeline; and if he will make a statement on the matter. [36875/20]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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As the Deputy will be aware, the Programme for Government Our Shared Future contains a commitment to “Establish exclusion zones around medical facilities”.  

It was originally intended to provide for safe access to termination of pregnancy services in the Health (Regulation of Termination of Pregnancy) Act 2018. However, a number of legal issues were identified which necessitated further consideration and advice.

Women and healthcare staff should be assured that there is existing legislation in place to protect them and to protect patients.  My Department has communicated with the HSE to advise on this legislation, and I understand that a communication issued to hospitals and GPs in this regard.

Ensuring access to services remains an ongoing priority for the Department of Health.

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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822. To ask the Minister for Health the current status and plans for advancing the support for Irish survivors of thalidomide Bill; the legislative timeline; and if he will make a statement on the matter. [36876/20]

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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The Deputy will appreciate that there are a number of cases concerning thalidomide before the High Court at present and it is not possible to comment on matters that are sub judice.

Following an Irish Government Decision in January 1975, the Government granted an ex-gratia sum equivalent to 4 times the German lump-sum and an ex-gratia monthly allowance for life equal to the German monthly allowance, to each of the Irish children found to have thalidomide related injuries.  There are currently 29 Irish people in receipt of ex-gratia monthly payments from my Department.

The German monthly payments are made by the Contergan Foundation, which is established under German legislation.  From 1 August 2013, the Foundation substantially increased its monthly payments to thalidomide survivors, including Irish survivors.  Both the German payments and the Irish ex-gratia payments made to the survivors are exempt from tax, including DIRT and are not reckonable as means for the purpose of Social Welfare payments.  The rate of payment is related to the survivors' level of thalidomide related injury.

In addition to the initial lump sum and monthly payments for life, the supports provided to each Irish survivor include a medical card on an administrative basis regardless of means, provision of appliances, artificial limbs, equipment, housing adaptations and access to a full range of primary care, hospital and personal social services.  There is a designated senior manager in the Health Service Executive who liaises with Irish thalidomide survivors in relation to meeting their ongoing health and personal social service needs.

It is important to note that the German Contergan Foundation, which is established under German legislation, has confirmed that since 2013 it is accepting applications from individuals for compensation for thalidomide related injury.  It is open to any Irish person to apply to the Foundation for assessment of their disability as being attributable to thalidomide.  Any Irish person who establishes that their injury is attributable to thalidomide will be offered appropriate supports by the Irish Government, commensurate with those currently provided to Irish thalidomide survivors.

 Work is underway in the Department to bring forward Heads of a Bill to provide on a statutory basis for health and personal social services for Irish survivors of thalidomide.

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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823. To ask the Minister for Health the current status and plans for advancing the Nursing Home Support Scheme (Amendment) Bill 2016 to give effect to the fair deal review; the legislative timeline; and if he will make a statement on the matter. [36877/20]

Photo of Mary ButlerMary Butler (Waterford, Fianna Fail)
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The Nursing Homes Support Scheme, (NHSS) commonly referred to as Fair Deal, is a system of financial support for people who require long-term residential care. Participants contribute to the cost of their care according to their means while the State pays the balance of the cost. The Scheme aims to ensure that long-term nursing home care is accessible and affordable for everyone and that people are cared for in the most appropriate settings.

The proposed policy change to the NHSS, to cap contributions based on farm and business assets at 3 years where a family successor commits to working the productive asset, has been approved by Government. The Department developed draft Heads of Bill while considering a number of complex ancillary policy and operational matters which may need to be addressed in the proposed legislation.

The stated policy objective of the general scheme of the Bill is to introduce further safeguards in the NHSS to further protect the viability and sustainability of family farms and businesses that will be passed down to the next generation of the family to continue to work them as productive assets to provide for them their livelihood.

 The amendment of the scheme will bring certainty to the duration for which a contribution to the cost of care under NHSS will be levied against family farms and businesses. This in turn will support the viability of farms and businesses by increasing the likelihood of access to financing & promoting investment, which will encourage orderly succession planning with family members, encourage young farmers to remain farming and potentially encourage family members that had changed occupation or emigrated to return to the family farm.

The General Scheme of Bill for the Amendment to the NHSS was approved by Government on 11 June 2019 and subsequently published. The changes to the Scheme will come into effect as soon as the legislative process is successfully complete. The General Scheme was sent to the relevant Joint Committee and the Department participated in pre-legislative scrutiny on 13 November 2019. The Pre-legislative scrutiny Report has yet to be approved by the Committee on Health. Engagement with the Office of the Attorney General began in early 2020 to progress the legislative development process.

Further progress on the development of the Bill has been impacted by the COVID-19 pandemic with focus entirely on responding to the challenges presented by COVID-19. The response to the COVID-19 pandemic has been and continues to be a national and public health priority.

Work on the legislative process with the Office of the Attorney General regarding this Bill has recently resumed.

This piece of legislation is a priority for the government and will be progressed as soon as possible, to support Farm Families and Businesses.

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