Written Answers Nos. 201-224
201. Deputy Réada Cronin asked the Minister for Children, Disability and Equality if her Department is aware of a potential available community space at a location (details supplied) for after school childcare; whether her Department has investigated its potential use as a space to help with the lack of after school services in the area; and if she will make a statement on the matter. [35761/26]
Amharc ar fhreagraImproving access to quality and affordable Early Learning and Care and School Age Childcare is a key priority of Government.
Early learning and childcare capacity is increasing. Data from the Annual Early Years Sector Profile 2024/25 shows that the estimated number of enrolments increased by approximately 25% from the 2021/22 programme year.
This is particularly the case with school-age childcare services. Estimated enrolments in school-age childcare, based on Sector Profile data, have grown by 77% over the last three years.
Earlier this year, I announced €135 million in capital investment in buildings for high-quality, accessible State-led early learning and childcare. The process will begin in 2026 with investment in buildings in what will be a ground-breaking initiative for this government. Capital funding will be used to acquire and/or fit out buildings, depending on requirements.
There will be a particular focus in the new State-led facilities on providing places for 1-3 year old children, with capacity for these children to continue in the service until they start school, because this is where the need is greatest. The aim of delivering additional supply of this type in suitable locations will include both rural areas and urban areas which are not well served at the moment.
The Department is now assessing project options in order to identify which are best placed to deliver on the goals of the programme. Up to eight capital projects will be selected under the programme in 2026. No final decisions have yet been made on the specific projects, but I look forward to sharing details of projects as they are agreed.
Local City and County Childcare Committees will be supporting the development of projects. In the first instance, we are asking anyone who might have a suitable premises or project to contact their local City/County Childcare Committee and complete a preliminary appraisal form for projects they would like to be considered.
Separate to the State-led early learning and childcare capital programme, where a provider wishes to set up a new early learning and childcare service, the City/County Childcare Committees are available to provide support.
202. Deputy Mairéad Farrell asked the Minister for Health the number of people in Galway waiting for assessment for PMC; the number in Galway waiting 4 weeks or less, 4-12 weeks, 12-24 weeks and over 24 weeks, in tabular form; the average waiting time between making an application and having an assessment carried out; and if she will make a statement on the matter. [35507/26]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
203. Deputy Liam Quaide asked the Minister for Health the interim national guidance that applies where a person is clinically discharged from hospital but does not consent to admission to a nursing home or other residential care setting; and if she will make a statement on the matter. [35344/26]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
204. Deputy Liam Quaide asked the Minister for Health the number of persons that were discharged from acute hospitals to nursing homes in each of the past five years where the person did not consent, objected to the placement, or where there was doubt as to consent; and if she will provide a breakdown by hospital group and community healthcare organisation. [35345/26]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy as soon as possible.
205. Deputy Liam Quaide asked the Minister for Health the number of persons currently in acute hospitals who are clinically discharged, but whose discharge is delayed due to unresolved issues relating to consent, capacity, wardship, decision-support arrangements or deprivation of liberty. [35346/26]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
206. Deputy Liam Quaide asked the Minister for Health the number of court applications that have been initiated since 26 April 2023 concerning proposed or actual nursing-home placement where the person did not consent, objected to the placement, or where there was doubt as to consent; the number by year, hospital group, community healthcare organisation and applicant body; and the legal costs incurred by the State. [35347/26]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy as soon as possible.
207. Deputy Liam Quaide asked the Minister for Health whether guidance has issued to hospitals, community healthcare organisations, nursing homes and discharge teams on the legal position where an adult objects to nursing-home admission or transfer; whether she will provide a copy of any such guidance; and if she will make a statement on the matter. [35348/26]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
208. Deputy Liam Quaide asked the Minister for Health whether any national protocol requires that a person’s will and preference, capacity, decision-support arrangements, advance healthcare directive, enduring power of attorney or decision-making representation order be checked before discharge to a nursing home; and whether such checks are recorded. [35349/26]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
209. Deputy Liam Quaide asked the Minister for Health whether every adult subject to a contested nursing-home placement, proposed deprivation of liberty, or serious care-placement decision has access to independent advocacy; if not, whether she intends to provide for a statutory right to independent advocacy in such cases; and if she will make a statement on the matter. [35350/26]
Amharc ar fhreagra210. Deputy Liam Quaide asked the Minister for Health whether her Department has estimated the number of persons in nursing homes who may currently be deprived of liberty, or living there contrary to their expressed will and preference, without a specific statutory safeguards framework; and whether that estimate has informed the drafting of protection of liberty safeguards legislation. [35351/26]
Amharc ar fhreagra211. Deputy Liam Quaide asked the Minister for Health when the protection of Liberty Safeguards Bill will be published; whether it will apply to nursing homes and other residential care settings where a person may be deprived of liberty in practice; and if she will provide a timeline for publication, pre-legislative scrutiny and enactment. [35352/26]
Amharc ar fhreagra216. Deputy Liam Quaide asked the Minister for Health whether her Department has estimated the likely annual legal costs to the State of continuing to rely on High Court applications in cases involving contested nursing-home placements or deprivation of liberty in care settings in the absence of protection of liberty safeguards legislation; and if she will make a statement on the matter. [35362/26]
Amharc ar fhreagra218. Deputy Liam Quaide asked the Minister for Health whether any analysis has been carried out comparing the cost of High Court proceedings in contested nursing-home placement or deprivation-of-liberty cases with the projected cost of establishing a statutory protection of liberty safeguards framework; and if she will publish that analysis. [35364/26]
Amharc ar fhreagraI propose to take Questions Nos. 209, 210, 211, 216 and 218 together.
The Department is committed to developing legislation to provide a legal framework of Protection of Liberty Safeguards for people who are or will be deprived of their liberty in care settings (e.g. nursing homes, residential disability facilities and hospitals) and who lack decision-making capacity to consent to the care arrangement.
This legislation is required to meet our obligations under Article 40.4 of the Constitution, Article 14 of the UN Convention on the Rights of Persons with Disabilities and Article 5 of the European Convention on Human Rights. It will also be an important complement to the Assisted Decision-Making (Capacity) Act, 2015 (as amended) and forthcoming mental health legislation.
This is a complex area of law which is informed by national and international legal obligations and case law. The development of legislation must also have due regard to other national legislation, in particular the Assisted Decision-Making (Capacity) Act, 2015.
Detailed work has been undertaken to develop broad policy proposals which will shape this legislation, and this work has been supported by an Expert Advisory Group, comprising legal, clinical and advocacy experts. A discussion paper setting out draft policy proposals was circulated to a broad range of stakeholders in 2025 for consultation and feedback. Informed by this consultation, final policy proposals are now being developed to frame the drafting of a General Scheme of the Bill this year. The health and social care settings that will be included in the legislation and the role of independent advocacy are being considered as part of this work.
A Regulatory Impact Assessment will be undertaken to accompany the General Scheme and this will consider estimates of the number of people in relevant health and social care settings that may be deprived of their liberty and estimate costs of the proposed framework.
212. Deputy Liam Quaide asked the Minister for Health the guidance that has issued to hospitals, nursing homes and HSE discharge teams on the legal status of 'next-of-kin'; whether she accepts that next-of-kin status does not, in itself, confer legal authority to consent to nursing-home placement on behalf of another adult; and if she will make a statement on the matter. [35353/26]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy as soon as possible.
213. Deputy Liam Quaide asked the Minister for Health the total legal costs incurred by the State in each year since 26 April 2023 in High Court proceedings concerning the care, treatment, placement, detention or deprivation of liberty of persons who lack or are alleged to lack capacity; the number of cases involved; the average cost per case; and if she will provide a breakdown, by applicant body and category of case. [35354/26]
Amharc ar fhreagraThe matter has been referred to the HSE.
214. Deputy Liam Quaide asked the Minister for Health the total legal costs incurred by the HSE in each year since 26 April 2023 in High Court proceedings concerning proposed or actual nursing-home placement where the person did not consent, objected to the placement, or where there was doubt as to consent; and if she will provide a breakdown by hospital group, community healthcare organisation and outcome of the proceedings. [35355/26]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy as soon as possible.
215. Deputy Liam Quaide asked the Minister for Health the number of High Court applications that have been initiated by or on behalf of the HSE since 26 April 2023 concerning proposed nursing-home placement, continued nursing-home placement, or delayed discharge from hospital arising from issues of consent, capacity, wardship, decision-support arrangements or deprivation of liberty; the total legal costs incurred in such cases; and the number of cases in which costs were awarded against the HSE or the State. [35361/26]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy as soon as possible.
217. Deputy Liam Quaide asked the Minister for Health the amount paid in each year since 26 April 2023 to external legal firms, counsel, expert witnesses, guardians ad litem, advocates or other professionals arising from High Court proceedings concerning contested care placements, nursing-home admissions, delayed hospital discharge, capacity or deprivation of liberty; and if she will provide a breakdown by category of expenditure. [35363/26]
Amharc ar fhreagraThe matter has been referred to the HSE.
219. Deputy Niamh Smyth asked the Minister for Health if an urgent appointment can be expedited for a person (details supplied); and if she will make a statement on the matter. [35367/26]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
220. Deputy Cian O'Callaghan asked the Minister for Health if she is aware that workers from an organisation (details supplied) are continuing with their strike action; her views on their status as section 39 workers; and if she will make a statement on the matter. [35368/26]
Amharc ar fhreagraI would like to acknowledge the very important role that Health Care Assistants play in delivering home care services to older persons and persons with disabilities in our communities. It is disappointing that Health Care Assistants employed by Northside Home Care Services felt that they needed to take industrial action
I understand this dispute relates to terms and conditions which differ from those that staff in section 39, grant funded, organisations are benefitting from because of the WRC agreement reached between ICTU and relevant Government Departments in March last year.
Northside Home Care Services are primarily funded through a separate tender arrangement for home care and, as such, are not encompassed within this agreement. It is important to note that Northside Home Care is not a public body. Terms and conditions are set by the organisations themselves. The terms and conditions of employment of their staff, once in line with employment legislation, is strictly between the employer and the employee.
I understand that the organisation is in receipt of a separate, smaller amount of grant funding under Section 39, in relation to a meals-on-wheels service they provide and workers within this service may be eligible.
I appreciate that workers and organisations not encompassed by the WRC Agreement may be disappointed. However, the agreement reached applies only those aforementioned, grant-funded organisations.
The maintenance of industrial peace is vital to safeguarding patient safety and ensuring the uninterrupted delivery of essential services, and I would strongly encourage the employer and its employees to engage with the State’s established industrial relations machinery to work towards a resolution.
221. Deputy Niamh Smyth asked the Minister for Health if an appointment with Temple Street Hospital can be expedited (details supplied); and if she will make a statement on the matter. [35370/26]
Amharc ar fhreagraAs this is a service matter, it has been referred to the Health Service Executive for attention and direct reply to the Deputy.
222. Deputy Niamh Smyth asked the Minister for Health for an update on a speech and language therapy application (details supplied); and if she will make a statement on the matter. [35371/26]
Amharc ar fhreagraAs this is a service matter, it has been referred to the Health Service Executive for attention and direct reply to the Deputy.
223. Deputy Noel McCarthy asked the Minister for Health to outline proposals being considered for the future development of buildings and associated sites (details supplied); and if she will make a statement on the matter. [35372/26]
Amharc ar fhreagraAs the Health Service Executive is responsible for the management of the public healthcare estate, I have asked the HSE to respond to you directly in relation to this matter.
224. Deputy Michael Murphy asked the Minister for Health if disability services, including Children’s Disability Network Teams, are exempt from the recruitment restrictions recently communicated to Regional executive officers within the HSE; if derogations remain available for frontline disability staffing; the current number of vacancies across CDNT teams in South Tipperary and the South East; and if she will make a statement on the matter. [35374/26]
Amharc ar fhreagraAs this is a service matter, it has been referred to the Health Service Executive for attention and direct reply to the Deputy.
