Committee Reports > List of Committees > Joint > 1999 > Committee on Health and Children > Annual Report of the Joint Committee on Health and Children, 1997-1998

TITHE AN OIREACHTAIS

TUARASCÁIL BHLIANTÚIL

ón gComhchoiste um Shláinte agus Leanaí Obair an Chomhchoiste

ANNUAL REPORT

of the Joint Committee on Health and Children Work of the Joint Committee

1997–1998

Table of Contents

1. Content and Format of Report

This report has been prepared pursuant to paragraphs 3, 4, 5 and 6 of Standing Order 79A, Dáil Éireann and paragraphs 3, 4, 5 and 6 of Standing Order 63, Seanad Éireann which provides for Joint Committee reports and work programmes as follows–

•review of its procedure and its role

•annual work programme

•laying minutes of proceedings

•making an annual report.

At its meeting on 28 January 1999 the Committee agreed that all these items be included in its annual report.

2. Functions and Powers of the Joint Committee

The Joint Committee on Health and Children was established by Order of Dáil Éireann of 13th November, 1997 and Order of Seanad Éireann of 19th November, 1997 as part of a programme of Oireachtas reform involving the refining of the Committee system to enable more detailed examination of Government Departments including–

•public affairs administered by each Department

•legislature and expenditure proposals of each Department

•certain matters relating to bodies under the aegis of each Department.

The Orders of Reference of the Joint Committee were modified by further Orders of Dáil Éireann of 28th April, 1998 (new subparagraph (2)(a)(iv) added) and Seanad Éireann of 30th April, 1998 (new subparagraph (1)(a)(iv) added) and the Orders of Reference of the Joint Committee, as so modified, are set out at Appendix 1.

3. Chairman, Vice-Chairman, Convenors and Membership

Deputy Batt O’Keeffe was elected as Chairman of the Joint Committee on 2 December, 1997. Deputy Paul Connaughton was elected as Vice-Chairman of the Joint Committee on 16 December, 1997. The Chairman of the Joint Committee is also Chairman of the Dáil Select Committee.

Deputies Cecilia Keaveney and Paul Bradford are the Convenors of the Committee whose function it is to ensure the availability and attendance of Members or their substitutes for meetings of the Committee and, in particular, to ensure Members’ availability for divisions.

The Members of the Joint Committee are set out at Appendix 2.

4. Meetings, Attendance and Recording

Meetings of the Joint Committee took place in the Committee rooms in Kildare House. Meetings were in public unless otherwise ordered by the Joint Committee.

Televised coverage of public meetings of the Joint Committee was broadcast live within the Leinster House complex and was available for subsequent public broadcasting by R.T.É.

Verbatim written reports of public meetings of the Select Committee in relation to Bills and Estimates for the Public Services, Vote 33 Health and Children were published and may be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2.

5.Number and Duration of Meetings

The Joint Committee met on 18 occasions in the year under report. The number of hours discussion involved in these meetings was in excess of 23 hours. The date and subject matter of each meeting is set out at Appendix 3.

The Dáil Select Committee met on 7 occasions in the year under report and the number of hours discussion involved in these meetings was in excess of 11 hours. The date and subject matter of each meeting is set out at Appendix 4.

Minutes of proceedings of the Joint Committee meeting in public session are attached at Appendix 5.

6.Work of the Committee

6.1Joint Committee

On the 18 occasions the Committee met it dealt with the following matters:

•Suicide

•Meningitis

•Food Safety

•Cancer

•Adoption

•Health Promotion with particular regard to tobacco advertising and consumption

•Health promotion in schools

6.2Dáil Select Committee

On the 7 occasions the Committee met it dealt with the following matters:

•Children (Reporting of Abuse) Bill, 1998

•Revised Estimates 1998 Department of Health and Children

•Food Safety Authority of Ireland Bill, 1998

•Voluntary Health Insurance (Amendment) Bill, 1998

7. Groups and Individuals attending before Committee

In the year under report the Joint Committee met with the following:

•The Minister for State at the Department of Health and Children

•The EU Commissioner for Employment and Social Affairs

•Officials from 2 Government Departments

•3 Tobacco Companies

•1 Semi-State Body

•1 National Task Force

•1 Research Foundation

•3 Special Interest Groups

•1 Representative Association

8. Joint Committee Reports

During the year under report the Joint Committee published the following report:

•Work Programme 1998

9. Work in Progress

(a)Health Promotion: Tobacco Advertising and Consumption

The Joint Committee held a number of meetings with various interested parties on this matter. The Committee intends to appoint a Rapporteur to draft a report which will include the conclusions and recommendations of the Committee. This report should be available by Easter 1999.

(b)Attention Deficit Disorder

The Joint Committee appointed Senator Mary Jackman as a Rapporteur to undertake a research project into Attention Deficit Hyperactivity Disorder. The assignment is due to be completed by end of January 1999.

A copy of the Joint Committees work programme for 1999 is at Appendix 6.

10. Travel by the Joint Committee

The Committee undertook the following travel in accordance with it’s orders of reference in connection with it’s work programme.

(a)The Committee accepted an invitation to attend a conference on Communications Technology in the Community in Dublin Castle on 6 March. Those in attendance were the Chairman, Deputy Cecilia Keaveney and Deputy John Dennehy

(b)The Committee accepted an invitation to attend a Conference in Belfast on 28-29 May. The Conference was entitled "Children as Citizens of Europe" and was attended by the Chairman, Deputy John Dennehy and Senator Camillus Glynn.

(c)The Committee agreed to send a delegation to a conference in Donegal on 25-28 June. The title of the conference was "Breaking the Taboos - Talking about Sex" and was attended by the Chairman, Deputy Dan Neville and Senator Camillus Glynn.

(d)During the period 28 June - 3 July a delegation from the Committee attended the 12th World Aids Conference in Geneva. The delegation included the Chairman, Deputy Cecilia Keaveney and Senators Mary Jackman and Camillus Glynn.

(e)During the period 30 September - 2 October, members of the Committee attended the European Health Forum in Salzburg. The delegation included the Chairman, Deputy John Gormley and Senator Camillus Glynn.

(f)The Chairman attended a meeting of the European Parliament Committee on Environment, Public Health and Consumer Protection in Brussels on 22 October. The subject under discussion at the meeting was European public health.

11. Function and Powers

During the year under report the Joint Committee raised the issue of having its function amended to enable it to consider and report on the annual reports and/or annual reports and accounts of the bodies under the aegis of the Department of Health and Children, and the overall operational results, statement of strategy and corporate plans of these bodies.

The Orders of Reference of the Joint Committee were modified to provide for this by Orders of Dáil Éireann of 28th April, 1998 (new subparagraph (2)(a)(iv) added) and Seanad Éireann of 30th April, 1998 (new subparagraph (1)(a)(iv) added).

The Committee has reviewed its procedure and its role and it has agreed that it should be given the power to send for persons, papers and records so that it is in a position to properly consider matters under its remit. It requests that the power be conferred on the Committee as soon as possible.

___________________________

Batt O’Keeffe, T.D.

Chairman of the Joint Committee

January 1999

(Note: This annual report was agreed by the Joint Committee at its meeting on 28 January 1999)

APPENDICES

APPENDIX 1

Orders of Reference

Dáil Éireann

13th November, 1997, (** 28th April, 1998),

Ordered:

(1) (a)That a Select Committee, which shall be called the Select Committee on Health and Children, consisting of 14 members of Dáil Éireann (of whom 4 shall constitute a quorum), be appointed to consider such—

(i)Bills the statute law in respect of which is dealt with by the Department of Health and Children, and

(ii)Estimates for Public Services within the aegis of that Department,

as shall be referred to it by Dáil Éireann from time to time.

(b)For the purpose of its consideration of Bills under paragraph (1)(a)(i), the Select Committee shall have the powers defined in Standing Order 78A(1), (2) and (3).

(c)For the avoidance of doubt, by virtue of his or her ex officio membership of the Select Committee in accordance with Standing Order 84(1), the Minister for Health and Children (or a Minister or Minister of State nominated in his or her stead) shall be entitled to vote.

(2) (a)The Select Committee shall be joined with a Select Committee to be appointed by Seanad Éireann to form the Joint Committee on Health and Children to consider—

(i)such public affairs administered by the Department of Health and Children as it may select, including bodies under the aegis of that Department in respect of Government policy,

(ii)such matters of policy for which the Minister in charge of that Department is officially responsible as it may select,

(iii)the strategy statement laid before each House of the Oireachtas by the Minister in charge of that Department pursuant to section 5(2) of the Public Service Management Act, 1997, and shall be authorised for the purposes of section 10 of that Act, and

** (iv)such Annual Reports or Annual Reports and Accounts, required by law and laid before either or both Houses of the Oireachtas, of bodies under the aegis of the Department(s) specified in paragraph 2(a)(i), and the overall operational results, statements of strategy and corporate plans of these bodies, as it may select.

Provided that the Joint Committee shall not, at any time, consider any matter relating to such a body which is, which has been, or which is, at that time, proposed to be considered by the Committee of Public Accounts pursuant to the Orders of Reference of that Committee and/or the Comptroller and Auditor General (Amendment) Act, 1993.

Provided further that the Joint Committee shall refrain from inquiring into in public session, or publishing confidential information regarding, any such matter if so requested either by the body or by the Minister in charge of that Department; and

(v)such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas,

and shall report thereon to both Houses of the Oireachtas.

(b)The quorum of the Joint Committee shall be 5, of whom at least 1 shall be a member of Dáil Éireann and 1 a member of Seanad Éireann.

(c)The Joint Committee shall have the powers defined in Standing Order 78A(1) to (9) inclusive.

(3)The Chairman of the Joint Committee, who shall be a member of Dáil Éireann, shall also be Chairman of the Select Committee.

Orders of Reference

Seanad Éireann

19 November 1997 (*30th April 1998)

Ordered

(1) (a)That a Select Committee consisting of 5 members of Seanad Éireann shall be appointed to be joined with a Select Committee of Dáil Éireann to form the Joint Committee on Health and Children to consider—

(i)such public affairs administered by the Department of Health an Children as it may select, including bodies under the aegis of that Department in respect of Government policy,

(ii) such matters of policy for which the Minister in charge of that Department is officially responsible as it may select,

(iii)the strategy statement laid before each House of the Oireachtas by the Minister in charge of that Department pursuant to section 5 (2) of the Public Service Management Act, 1997, and shall be authorised for the purposes of section 10 of that Act, and

*(iv)such Annual Reports or Annual Reports and Accounts, required by law and laid before either or both Houses of the Oireachtas, of bodies under the aegis of the Department(s) specified in paragraph 1(a)(i), and the overall operational results, statements of strategy and corporate plans of these bodies, as it may select.

Provided that the Joint Committee shall not, at any time, consider any matter relating to such a body which is, which has been, or which is, at that time, proposed to be considered by the Committee of Public Accounts pursuant to the Orders of Reference of that Committee and/or the Comptroller and Auditor General (Amendment) Act, 1993.

Provided further that the Joint Committee shall refrain from inquiring into in public session, or publishing confidential information regarding, any such matter if so requested either by the body or by the Minister in charge of that Department; and

(v)such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas, and shall report thereon to both Houses of the Oireachtas.

(b)The quorum of the Joint Committee shall be 5, of whom at least 1 shall be a member of Dáil Éireann and 1 a member of Seanad Éireann.

(c)The Joint Committee shall have the powers defined in Standing Order 62A(1) to (9) inclusive.

(2)The Chairman of the Joint Committee who shall be a member of Dáil Éireann.

APPENDIX 2

Members of the Joint Committee

APPENDIX 3

Meetings of the Joint Committee

* The Joint Committee agreed to meet with the Joint Committee on European Affairs in Public Session

APPENDIX 4

Meetings of the Dáil Select Committee

APPENDIX 5

Minutes of proceedings of the Joint Committee

AN COMHCHOISTE UM SHLÁINTE AGUS LEANAÍ

JOINT COMMITTEE ON HEALTH AND CHILDREN

TUESDAY, 2 DECEMBER 1997

PUBLIC SESSION

1.A meeting of the Joint Committee took place in Room G5, Kildare House at 3.00 pm.

2.Attendance

Members Present:

Deputies Michael Ahern, Paul Connaughton, John Dennehy,Cecilia Keaveney, Batt O’Keeffe, Róisín Shortall and G.V. Wright.

Senators Dermot Fitzpatrick and Camillus Glynn.

Apologies were received from Deputies Paul Bradford, Deirdre Clune, Brendan Kenneally and Senators Mary Jackman and Pat Moylan.

3.Election of Chairperson

Deputy Batt O’ Keeffe was unanimously elected Chairman. He thanked the Committee sincerely for electing him and said that he looked forward to the co-operation of all, in chairing a productive Committee which will efficiently discharge the remit entrusted to it by the Houses.

He went on to say that the Dáil and Seanad Orders of Reference of the Committee had been circulated to members with the agenda for this meeting.

4.Election of Vice-Chairperson

The Chairman stated that the Standing Orders provide that as soon as may be following the election of Chairman, every Committee may elect one of its Members to be Vice-Chairman. He suggested that the election of a Vice-Chairperson be put on the agenda for the next meeting of the Joint Committee and the Committee agreed to this.

5.Work Programme

The Chairman went on to state that under Standing Orders each Select Committee shall as soon as may be following its appointment and thereafter at annual intervals, prepare a Work Programme and shall lay such Work Programme before the Houses. He asked Members to give some consideration to suggesting / prioritising issues for inclusion in the Work Programme before the Joint Committee’s next meeting in addition to the Strategy Statement of the Department.

The Committee agreed to place the consideration of the Work Programme on the agenda for the next meeting.

The Chairman pointed out that Estimates and Bills which may arise must be dealt with by the Select Dáil Committee.

6.Next meeting

The Committee agreed that the next meeting of the Committee would be held on Tuesday 16 December and that meetings of the Joint Committee would be held fortnightly.

The meeting adjourned at 3.10pm

Batt O’ Keeffe T.D.

Chairman

16 December 1997

AN COMHCHOISTE UM SHLÁINTE AGUS LEANAÍ

JOINT COMMITTEE ON HEALTH AND CHILDREN

TUESDAY, 16 DECEMBER 1997

PUBLIC SESSION

1.A meeting of the Joint Committee took place in Room G5, Kildare House at 2.30 pm.

2.Attendance

Members Present:

Deputies Batt O’Keeffe (in the Chair) Michael Ahern, Paul Bradford, Deirdre Clune, Paul Connaughton, Beverley Cooper Flynn, John Dennehy,Cecilia Keavney, Dan Neville, Alan Shatter, Róisín Shortall and Senators Dermot Fitzpatrick, Camillus Glynn,Mary Jackman and Pat Moylan.

Deputy Andrew Boylan was also in attendance.

3.Minutes of previous meeting

The minutes of the meeting held on 2 December 1997 were agreed.

4.Election of Vice-Chairperson

Deputy Paul Connaughton was unanimously elected Vice-Chairman.

Deputy Connaughton thanked the members for electing him Vice-Chairman.

5.Work Programme

The members decided to defer consideration of the draft Work Programme until the next meeting, in order to give members an opportunity to prioritise issues and to make suggestions regarding other issues that they may wish to include.

The Chairman pointed out that the current Orders of Reference do not allow the Joint Committee to look at the administration of any body under the aegis of the Department, as the provision contained in the Orders of Reference is confined to the consideration of Government policy relating to these bodies.

6.Next meeting

The Committee agreed that the next meeting of the Joint Committee would be held on Tuesday 27 January.

The meeting adjourned at 2.45pm

Batt O’ Keeffe T.D.

Chairman

5 February 1998

AN COMHCHOISTE UM SHLÁINTE AGUS LEANAÍ

JOINT COMMITTEE ON HEALTH AND CHILDREN

Thursday, 29 January 1998

PUBLIC SESSION

1.A meeting of the Joint Committee took place in Room G2, Kildare House at 9.30 am.

2.Attendance

Members Present:

Deputies Batt O’Keeffe (in the Chair) Michael Ahern, Paul Bradford, Deirdre Clune, Paul Connaughton, Beverley Cooper Flynn, John Dennehy,John Gormely, Cecilia Keavney, Brendan Kenneally, Dan Neville,G.V.Wright and Senators Camillus Glynn and Pat Moylan.

Senators Dermot Fitzpatrick, Pat Gallagher and Mary Jackman sent their apologies.

3.Minutes of previous meeting

The minutes of the meeting held on 16 December 1997 were agreed subject to the inclusion of Senator Pat Moylan to the list of members present.

4.Work Programme

The Committee agreed to abide by the instructions laid down in Standing Orders 78(2) of Dáil Éireann and Standing Order 62(2) of Seanad Éireann in its consideration of matters.

The Chairman pointed out that the Draft Work Programme (3) circulated at the meeting had been amended, mainly in accordance with submissions received from members. It was anticipated that the Joint Committee would hold about 20 meetings in the course of the year, meeting every second week.

He suggested that,as the Work Programme was quite broad, that the Committee should prioritise items as they arose in order to cover as many items as possible.

There then followed a short discussion on some of the items listed on the Draft Work Programme.

The Committee decided that in the light of the publication this week of the National Task Force’s Report on Suicide that it would invite Dr. Michael Kelleher to attend the next meeting to discuss the Report and the recommendations reached.

The Committee also decided that in view of the serious concern of many parents on recent incidences of meningitis that the medical experts in this area would be invited to make a presentation to the Committee and that representatives of the Meningitis Research Foundation would also be invited to attend.

On the issue of Food Safety and in view of promised legislation to set up a Food Safety Authority, the Committee felt that in order to understand the broader aspects involved, that it should invite professional experts in this field and the senior officials to attend before the Committee.The Chairman also suggested that a Joint Meeting with the Committee on Agriculture, Food and the Marine could be arranged.

Deputy Ahern then proposed,seconded by Senator Glynn, that the Committee adopt the Draft Work Programme, and the Committee agreed to its adoption.

On the issue of the appointment of Rapporteurs, the Chairman referred to a letter received by the Joint Committee on Environment and Local Government from the Government Chief Whip’s Office which indicated that it may require primary and secondary legislation and that it is currently being examined by officials in the Department of Finance.

The Chairman then referred to the Sub-Committee on Dáil Reform new rules on Committee Travel, a copy of which were circulated at the meeting.

Also circulated was the programme for a Conference to be held in Dublin Castle on Friday, 6 March,which will look at research into health concerns raised by, and the international response to developments (including the siting of masts) in the communications sector in Ireland and internationally. The Committee decided to send a delegation to attend this Conference, the Chairman and two other members.

The Chairman stated that the Committee Secretariat had received a letter from Mr.James Dorgan of Curtin Dorgan Associates, Economic & Management Consultants, requesting to be considered if the Committee were planning any research in the future and this letter has been acknowledged.

5.Next meeting

The Chairman stated that pending a meeting of the Working Group of Committee Chairmen expected to take place in early February, a schedule of regular meeting times for all Committees has been received from the Government Chief Whip.This Committee has been allocated every second Thursday afternoon at 2.30pm.Some of the members expressed a preference to meet at 9.30am on Thursday’s and that meetings should be 11/2 to 2 hours duration and this was agreed.

The Committee agreed that the next meeting of the Joint Committee would be held on Thursday, 5 February.

The meeting adjourned at 9.55 am

Batt O’ Keeffe T.D.

Chairman

5 February 1998

AN COMHCHOISTE UM SHLÁINTE AGUS LEANAÍ

JOINT COMMITTEE ON HEALTH AND CHILDREN

Thursday, 5 February 1998

PUBLIC SESSION

1.A meeting of the Joint Committee took place in Room G2, Kildare House at 2.30 pm.

2.Attendance

Members Present:

Deputies Batt O’Keeffe (in the Chair) Michael Ahern, David Stanton (substituted for Paul Bradford), Paul Connaughton,John Gormely, Cecilia Keaveney, Brendan Kenneally, Dan Neville, and Senators Dermot Fitzpatrick, Pat Gallagher,Camillus Glynn and Pat Moylan.

Deputies Deirdre Clune, Alan Shatter, Róisín Shortall, G.V Wright and Senator Mary Jackman sent their apologies.

3.Minutes of previous meeting :

The minutes of the meeting held on 29 January, 1998 were agreed and signed by the Chairman.

4.Presentation on the Report of the National Task Force on Suicide:

The Chairman acknowledged the role played by Deputy Dan Neville in highlighting this problem and who was instrumental in the setting up of the National Task Force on Suicide who have produced the Report under consideration today.

Dr. Michael Kelleher was introduced and he made a short presentation on Report and the research undertaken by the National Suicide Research Foundation.

There then followed a question and answer session during which the following matters were discussed:

The increase in male suicides in recent years was highlighted.However while suicide is predominantly a rural problem, parasuicide is predominantly an urban one, particularly in socially disadvantaged areas.

On why suicide is a rural phenomena in this country, Dr. Kelleher indicated that this is a very complex problem - loneliness, remoteness from services, lack of transport and for the younger generation being educated out of an area are all factors.

Dr. Kelleher also pointed out that hidden depression was a major factor in male suicide and that in one study, only 1 in 5 young males who committed suicide were receiving treatment prior to their death.

While a lot of media comment has focused on exam stress as the cause of the rising rate of suicide in younger people, in the light of the research undertaken it does not appear to be significant factor. What the research indicates, however, is that there is a co-relation between leaving school early, unemployment and the incidence of suicide.

On the question of media reporting, Dr. Kelleher was of the opinion that local knowledge was the biggest influence in causing copycat suicides. If the media ascribed to a code of practice on reporting this would very beneficial particularly to the bereaved family.

On the holding of Inquests he would recommend that the Family Courts be made available to Coroners and that appointments be made.

One of the main points that came out of the meeting was the need for further research on the effect of social and environmental factors on the incidence of suicide and that it is vital that resources are spent where need is most.

5.Correspondence:

The Chairman stated that a letter had been received from the Policy Institute, Department of Economics and Political Science, Trinity College requesting to be considered for any appropriate research tenders and that this letter had been acknowledged.

6.Next Meeting:

It was agreed that the next meeting of the Joint Committee would be held on Thursday, 19 February at 9.30 am and that medical experts on Meningitis as well as representatives of the Meningitis Research Foundation would be invited to appear at this meeting.

The meeting adjourned at 4.00 pm

Batt O’ Keeffe T.D.

Chairman

19 February 1998

AN COMHCHOISTE UM SHLÁINTE AGUS LEANAÍ

JOINT COMMITTEE ON HEALTH AND CHILDREN

Thursday, 19 February 1998

PUBLIC SESSION

1.A meeting of the Joint Committee took place in Room G2, Kildare House at 9.30 am.

2.Attendance

Members Present:

Deputies Batt O’Keeffe (in the Chair), Paul Bradford, Deirdre Clune, Paul Connaughton,Beverley Cooper- Flynn, John Dennehy, Cecilia Keaveney, Brendan Kenneally, Dan Neville, Alan Shatter, Róisín Shorthall and G.V.Wright

Senators Liam Fitzgerald (substituted for Dermot Fitzpatrick), Pat Gallagher,Camillus Glynn and Pat Moylan.

Senator Mary Jackman sent her apologies.

3.Minutes of previous meeting :

The minutes of the meeting held on 5 February 1998 were agreed and signed by the Chairman.

4.Presentation on Meningitis.

The Meningitis Research Foundation was represented by Ms. Siobhan Coulter- Lee, (Ireland Co-Ordinator) and Ms. Avril Ivory.Mr. John Brady a Trustee of the Foundation was also present at the meeting. Also in attendance were Dr. John Devlin , Deputy Chief Medical Officer in the Department of Health and Children, Dr. Jerry Fogarty, Western Health Board, and Fergal Goodman, Assistant Principal Officer in the Department.

The presentations were followed by a question and answer session, following which the Chairman expressed his thanks to those who appeared.

5.Attendance at Conference on Communications Technology in the Community, in Dublin Castle on 6 March 1998.

In accordance with the CPP Rules on Committee Travel, the Committee agreed the Statement setting out the reasons why attendance at this Conference was considered necessary together with the estimated expenditure arising.It was agreed that the Chairman, Deputy Keaveney and Deputy Gormley would attend.

6.Correspondence received

The Chairman noted that details of a Conference on "Breaking the Taboos- Talking about Sex ", to be held in Donegal in June had been circulated to members at this meeting.He went on to state that it may be difficult to link the topics the subject of this conference, to items for consideration in the Committee’s Work Programme. He suggested that as the conference was not being held until June, a decision on attendance could be deferred to a later date.

The Chairman informed the Committee that the Children (Reporting of Alleged Abuse) Bill, 1998 has been referred to the Select Committee. After some discussion on the scheduling of a Select Committee meeting, the Chairman pointed out that as this was a meeting of the Joint Committee, it had no function in relation to Bills.

He noted Deputy Shatter’s request to the holding of a Select Committee meeting and agreed to call a meeting of the Select Committee to decide if the Committee wished to exercise its powers under Standing Order 78A(1),(2) and (3) around the 3 March 1998.

7.Next Meeting.

The Chairman suggested that the next meeting of the Joint Committee be held on Thursday, 5 March at 9.30 am. However he pointed out that as the Finance Bill and the Social Welfare Bill may be at Committee stage that week, there was a possibility that this meeting would have to be held in Room G24 which has no broadcasting facilities.

Deputy Shortall requested that the Joint Committee have an opportunity to meet with the Minister who has responsibility for child care and his officials to to discuss Government strategy in this area and the Chairman agreed to liaise with the Minister on this matter.

The Chairman suggested that Dr. Patrick Wall, Chief Executive of the Food Safety Authority of Ireland and officials from the Department be invited to attend this meeting and the Committee agreed to this.

The members then discussed the possibility of a joint meeting with the Joint Committee on Agriculture, Food and the Marine. While the members were in agreement to the holding of a Joint meeting it was agreed that if the meeting was being held in Room G24, this room would not facilitate the members of two Committees and witnesses.

The meeting adjourned at 11.20 am

Batt O’ Keeffe T.D.

Chairman

5 March 1998

AN COMHCHOISTE UM SHLÁINTE AGUS LEANAÍ

JOINT COMMITTEE ON HEALTH AND CHILDREN

Thursday, 5 March 1998

PUBLIC SESSION

1.A meeting of the Joint Committee took place in Room G5, Kildare House at 9.30 am.

2.Attendance:

Members Present:

Deputies Batt O’Keeffe (in the Chair), Paul Bradford, Deirdre Clune, Paul Connaughton, Beverley Cooper- Flynn, Cecilia Keaveney, Brendan Kenneally, Dan Neville, Alan Shatter, and Róisín Shorthall.

Senators Dermot Fitzpatrick,Camillus Glynn and Pat Moylan.

Apologies were received from Senators Pat Gallagher and Mary Jackman.

3.Minutes of previous meeting :

The minutes of the meeting held on 19 February 1998 were agreed and signed by the Chairman.

4.Presentations on Food Safety :

The Chairman informed the members that as a result of the uncertainty regarding the venue for this meeting, it was not possible to arrange a joint meeting with the Joint Committee on Agriculture, Food and the Marine on this occasion.

The Committee met with Mr. Martin Higgins and Ms. Caitríona O’ Brien, officials in the Department of Health and Children and Dr. Patrick Wall, Chief Executive of the Food Safety Authority of Ireland.

Mr. Higgins gave a short introduction on the background surrounding the setting up of the Food Safety Authority and stated that in advance of the primary legislation, it was set up on a statutory basis by Statutory Instrument from 1 January 1998. He went on to say that the drafting of this primary legislation is ongoing to give effect to the commitment given in the Action Programme for the Millennium and that it is intended to introduce the Bill in the Oireachtas in the current session.

Dr. Patrick Wall then made a presentation on current food safety issues including BSE, E-coli 0157, Salmonella and the use of antibiotics in animal production. He stated that it is necessary to put the problems in perspective, identify the priority areas for action and that ongoing monitoring is necessary to find out if the situation is improving or not.

He then went on to refer to other countries such as Denmark who have demonstrated that if you can aggressively control the animal reservoir it is possible to prevent diseases from spilling over into the food chain.He stated that there is no reason why this model could not be employed here.He went on to point out that food safety is a chain of responsibility from farms to primary producers all the way to consumers and that there are critical control points at all stages.There is also a need to make people aware at all stages of what their responsibilities are and to be aware of the risks involved.

He referred to four main issues to be addressed and which are all related;

-Safety issue

-Damage to the environment

-Ethical issue

-Economic issue

The Food Safety Authority are addressing the Safety issue, but the other issues also need to be addressed.

There then followed a question and answer session.

The Committee agreed that Dr.Tom Moffatt, Minister for State with special responsibility for Food Safety,should be invited to appear before the Committee to discuss the proposed legislation prior to such legislation being published.

5.Conference on Communications Technology in the Community, in Dublin Castle on 6 March 1998:

The Chairman informed members that the Minister for Public Enterprise had issued a personal invitation to all Deputies and Senators to attend this Conference and as a result the cost involved which was discussed at the last meeting is no longer payable.

6.Next Meeting:

The Chairman informed members that the Joint Committee was next due to meet on Thursday 19 March. The members agreed that as the Houses were not sitting during that week that the next meeting would be held on 2nd April 1998.

The members agreed to invite representatives of the Irish Cancer Society to appear before the Committee at this meeting.

The meeting adjourned at 10.30 am

Batt O’ Keeffe T.D.

Chairman

2 April 1998

AN COMHCHOISTE UM SHLÁINTE AGUS LEANAÍ

JOINT COMMITTEE ON HEALTH AND CHILDREN

Thursday, 2 April 1998

PUBLIC SESSION

1.A meeting of the Joint Committee took place in Room G2, Kildare House at 9.30 am.

2.Attendance:

Members Present:

Deputies Batt O’Keeffe (in the Chair), Michael Ahern, Paul Bradford, Beverley Cooper- Flynn, John Dennehy, Cecilia Keaveney,Dan Neville, Alan Shatter, and G.V. Wright.

Senators Camillus Glynn, Mary Jackman and Pat Moylan.

Apologies were received from Deputy Paul Connaughton.

3.Minutes of previous meeting:

The minutes of the meeting held on 5 March 1998 were agreed and signed by the Chairman.

4.12th World Aids Conference,Geneva, 28 June - 3 July 1998 :

The Committee considered the statement and estimate prepared by the Committee Secretariat on this Conference and agreed that three members of the Committee, the Chairman, Deputy Cecilia Keaveney and Senator Mary Jackman should attend. It was also agreed that the Clerk to the Committee should accompany the delegation.

5.Presentation by the Irish Cancer Society:

The Irish Cancer Society was represented by Mr. Barry Dempsey,(Chief Executive) and Ms. Joan Kelly, (Professional Education Manager).

Mr. Dempsey made a short presentation to the Committee on the various types of cancer and on the activities of the Society. He said that the Society’s modus operandi for delivering on its objectives is through patient care, through research and through education of both the public and the professionals.

The presentation was then followed by a question and answer session.

The Committee agreed that it would write to the Irish MEP’s to seek their views in relation to the Draft Recommendation to ban advertising of tobacco products being proposed by the EU Commissioner Mr. Pádraig Flynn.

6.Correspondence:

The Chairman referred members to a letter received from Messrs. Peter McDonnell & Associates, Solrs., and the copy of the Submission made to the Department on " Cases against the Tobacco Industry". The Committee agreed to invite officials from the Department to appear before the Committee to discuss the Health Promotion Programme administered by the Department in the near future and to also invite two representatives of the group.

The Chairman went on to refer to a letter from Deputy Shatter in relation to the opening of Tallaght Hospital on 21 June.The Committee agreed that a visit to the hospital be arranged and if possible for a briefing by the Chief Executive during this visit.

7.Next Meeting:

The Committee agreed to meet on Thursday 16 April at 11.30 a.m. and to invite the Minister of State, Dr.Tom Moffatt to attend this meeting, to discuss the proposed Food Safety legislation.

The Chairman reminded members that the Select Committee was meeting on Wednesday, 8 April at 2.30 p.m. to commence consideration of the Committee Stage of Children (Reporting of Alleged Abuse) Bill, 1998.

The meeting adjourned at 11.15 a.m.

Batt O’ Keeffe T.D.

Chairman

16 April 1998

AN COMHCHOISTE UM SHLÁINTE AGUS LEANAÍ

JOINT COMMITTEE ON HEALTH AND CHILDREN

Thursday, 16 April 1998

PUBLIC SESSION

1.A meeting of the Joint Committee took place in Room G2, Kildare House at 11.30 am.

2.Attendance:

Members Present:

Deputies Batt O’Keeffe (in the Chair), Paul Bradford, Paul Connaughton, Beverley Cooper- Flynn, John Dennehy, John Gormley, Cecilia Keaveney,Dan Neville, * Michael O’ Kennedy and Róisín Shortall.

Senators Dermot Fitzpatrick, Camillus Glynn, and Pat Moylan.

Apologies were received from Deputies Deirdre Clune and Alan Shatter.

3.Minutes of previous meeting :

The minutes of the meeting held on 2 April 1998 were agreed and signed by the Chairman.

4.Interim Report on Conference on Communications Technology in the Community, in Dublin Castle on 6 March 1998:

The Chairman informed members that an Interim Report on this Conference had been circulated to members and when the Conference papers are made available, a final Report will be laid before the Committee for consideration.

5.Proposed Legislation on Food Safety:

The Chairman welcomed Dr. Tom Moffatt T.D.,Minister of State at the Department of Health and Children, Mr. Tom Mooney, Assistant Secretary, Mr. Martin Higgins, Principal Officer and Mr. Paul Cantwell, Private Secretary to the Minister of State to the meeting.

The Minister made a presentation to the Committee on the broad outline of the proposed legislation which was followed by a question and answer session.

6.Any other Business:

The Chairman stated that on foot a letter sent to Irish MEP’s in relation to the Draft Recommendation to ban advertising of tobacco products, replies had been received from Ms. Mary Banotti MEP, Mr. Pat Cox MEP, Mr. Brian Crowley MEP, Ms. Patricia McKenna MEP, Mr. John Cushnahan MEP and Mr. Pat The Cope Gallagher MEP. Copies of the responses received were circulated at the meeting.

The Chairman informed the members that contact had been made with the Department in relation to the visit to Tallaght Hospital and that Thursday, 7 May 1998 had been suggested as a suitable date. It was agreed that if that date proved feasible, arrangements would be made for as many members who were available to visit the hospital.

7.Next Meeting:

The Committee agreed to hold its next meeting on Thursday, 30 April at 9.30 a.m. and to invite the Secretary General of the Department of Health and Children or the relevant officials to discuss the Health Promotion programme administered by the Department, in particular the "No Smoking Campaign" and the implementation of smoking regulations.

The meeting adjourned at 1.10 p.m.

Batt O’ Keeffe T.D.

Chairman

16 April 1998

AN COMHCHOISTE UM SHLÁINTE AGUS LEANAÍ

JOINT COMMITTEE ON HEALTH AND CHILDREN

Thursday, 30 April 1998

1.A meeting of the Joint Committee took place in Room G2, Kildare House at 9.30 a.m.

2.Attendance:

Members Present:

Deputies Batt O’Keeffe (in the Chair), Michael Ahern, Paul Bradford, Paul Connaughton, John Dennehy, John Gormley and Cecilia Keaveney

Senators Camillus Glynn and Pat Moylan.

Apologies were received from Deputy Deirdre Clune and Senator Pat Gallagher.

3.Minutes of previous meeting :

The minutes of the meeting held on 16 April 1998 were agreed and signed bythe Chairman.

4.In private session.

5.Presentation on Health Promotion and the Implementation of Smoking Regulations.

The Committee met with Mr.Chris Fitzgerald, Mr Martin Higgins and Mr. Tom Power, Officials in the Department of Health and Children.

Mr. Fitzgerald gave a presentation on the Health Promotion initiatives in relation to smoking. Mr. Higgins then gave a short presentation on the various regulations in place governing such issues as advertising, sponsorship, health warnings and the restrictions on the consumption of tobacco in specified areas.

The Chairman had to absent himself from the meeting at 9.58 a.m. In his absence and that of Vice Chairman, Deputy Paul Bradford was nominated by the Chairman to take the Chair.

The presentations were followed by a questions and answer session.

6.Correspondence:

The Chairman referred members to the reply received from Ms. Bernie Malone, MEP in relation to the Draft Recommendation to ban advertising of tobacco products and asked if Members wished to have a discussion on the replies received to date. The members indicated that in view of the responses received to date that no discussion was required at this time.

7.Any other Business:

The Committee agreed to defer the visit to Tallaght Hospital until Tuesday 19 May, at 3.00 p.m.

8.Next Meeting:

The Committee agreed to hold its next meeting on Thursday, 14 May at 9.30 a.m. and to invite two representatives of the group involved in the proceedings against the Tobacco Industry to appear at this meeting to hear their views on Health Promotion in particular the "No Smoking Campaign" and smoking regulations.

The Committee also agreed to invite representatives of ASH Ireland to attend this meeting to hear their views on this matter.

The meeting adjourned at 10.45 a.m.

Batt O’ Keeffe T.D.

Chairman

14 May 1998

AN COMHCHOISTE UM SHLÁINTE AGUS LEANAÍ

JOINT COMMITTEE ON HEALTH AND CHILDREN

Thursday, 14 May 1998

PUBLIC SESSION

1.A meeting of the Joint Committee took place in Room G2, Kildare House at 9.30 a.m.

2.Attendance:

Members Present:

Deputies Batt O’Keeffe (in the Chair), Michael Ahern, Paul Bradford, Deirdre Clune, Paul Connaughton, Beverley Cooper-Flynn, John Dennehy, Cecilia Keaveney, Brendan Kenneally, Dan Neville, Gerard Reynolds, Dick Roche, Seán Ryan, Alan Shatter, Róisín Shortall and G.V. Wright.

Senators Camillus Glynn, Mary Jackman and Pat Moylan.

3.Minutes of previous meeting :

The minutes of the meeting held on 30 April 1998 were agreed and signed by the Chairman.

4.Presentation on Health Promotion - "No Smoking Campaigns" and the Implementation of Smoking Regulations:

ASH Ireland was represented by Dr. Luke Clancy, Chairman and Ms Valerie Coghlan, Administrator.

The Committee also met with Ms. Susan Riley and Ms. Ann Moloney and the Committee agreed that they should be accompanied by their legal adviser, Mr. Peter McDonnell, Solicitor.

The Chairman stated that the witnesses appearing had been invited to make presentations to the Committee on Health Promotion in particular the "No Smoking Campaigns" and the implementation of smoking regulations.

He went on to advise that while the Members of the Committee had absolute privilege at the meeting, that this same privilege did not apply to non Members. He stated that he would not permit any individuals or companies to be mentioned by name or any specific court proceedings to be referred to during the course of the meeting.

The Presentation on behalf of ASH Ireland was made by Dr. Luke Clancy, Chairman. In his presentation, Dr. Clancy set out the main objectives of ASH Ireland and laid particular emphasis on the effects of Passive Smoking in the home and workplace and on the health effects of smoking on children. He stated that the health promotion message was not sufficient on its own and that action was also required on a number of other fronts namely;

-Stringent enforcement of legislation.

-Ban on Advertising.

-Education which focused primarily on children.

-Pricing Strategy.

Ms. Susan Riley and Ms. Ann Moloney then made their presentations to the Committee. In their presentations they spoke about their personal experiences of smoking and the very serious health problems which they have suffered over the years.

When the presentations had concluded, the Chairman informed Members that in view of the specific nature of the presentations made by Ms. Riley and Ms. Moloney, that he wished to draw Members attention to the Sub Judice rule under the Standing Orders and he proceeded to read the text of Standing Order 56 of Dáil Éireann into the record.

He then suggested to Members that they confine their questions to health promotion and the general smoking issue.

There then followed a question and answer session.

During the course of the discussion, the vote in the European Parliament the previous day, in favour of the Draft Recommendation which will phase out and ban the advertising of tobacco products was welcomed.

The Chairman on behalf of the Committee requested Deputy Beverley Cooper-Flynn to convey to her father, EU Commissioner Pádraig Flynn, the Committee’s commendation on the courageous position that he had taken in this matter.

Dr. Clancy also requested on behalf of ASH Ireland to add his congratulations to the Commissioner and stated that he had taken a unique stand and that Ash Ireland was proud of his actions.

In relation to proceedings against the tobacco companies, the Chairman stated that an advisory group had been established in November 1997 to report to the Minister for Health and Children on the issue of the overall public health interest.When this Report was made available, the Minister would be liaising with the Attorney General on the State’s options in this regard and the most appropriate strategy to be adopted.

At the conclusion of the question and answer session, the Chairman thanked those who had appeared, particularly Ms. Riley and Ms. Moloney who had shared the trauma of their personal experiences with the Committee and hoped that their health would improve.

5.Correspondence:

The Chairman noted that a copy of a letter received from Mr. Pat The Cope Gallagher MEP was circulated with the Agenda for this meeting.

6.Any other Business:

The Chairman informed the Members that as the Houses were not sitting during the week of the 18 May, due to the Referenda that it was necessary to re-schedule the visit Tallaght Hospital once again and that it was now proposed that this visit take place on Thursday, 4 June at 11.00 a.m. The Committee agreed to this new date.

The Committee also agreed that the Conference on "Breaking the Taboos - Talking about Sex" to be held in Donegal at the end of June to be placed as an item on the Agenda for the next meeting.

Next Meeting:

The Committee agreed to meet in Private Session to review its Work Programme and Powers and to also discuss Committee Rapporteurs. It was agreed that this meeting be held on Thursday, 28 May at 9.30 a.m.

The meeting adjourned at 11.20 a.m.

Paul Connaughton T.D.

Vice-Chairman

28 May 1998

AN COMHCHOISTE UM SHLÁINTE AGUS LEANAÍ

JOINT COMMITTEE ON HEALTH AND CHILDREN

Thursday, 28 May 1998

The meeting was held in private session.

AN COMHCHOISTE UM SHLÁINTE AGUS LEANAÍ

JOINT COMMITTEE ON HEALTH AND CHILDREN

Thursday, 9 July 1998

1.A meeting of the Joint Committee took place in Room G2, Kildare House at 11.30 a.m.

2.Attendance:

Members Present:

Deputies Batt O’ Keeffe (in the Chair), Paul Bradford, Deirdre Clune, * Louis Belton, John Dennehy, John Gormley, Cecilia Keaveney, * Denis Foley and Alan Shatter.

Senators Pat Gallagher, Camillus Glynn, Mary Jackman, Pat Moylan and Shane Ross.

Apologies were received from Deputy Róisín Shortall and Senator Dermot Fitzpatrick.

3.Minutes of previous meeting :

The minutes of the meeting held on 28 May 1998 were agreed and signed by the Chairman. The Committee agreed to go into Private Session to consider the next two items on the Agenda.

4/6.In private session.

7.Presentation on Health Promotion - "No Smoking Campaigns " and the Implementation of Smoking Regulations:

Gallaher (Dublin) Limited and Gallaher Group PLC were represented by Mr. Adrian Goodrich, Managing Director of Gallaher (Dublin) Limited and/Mr. Ian Birks, Head of Corporate Affairs, Gallaher Group PLC.

Mr Goodrich and Mr.Birks made a short presentation to the Committee.After the presentations there then followed by a question and answer session. Following this the Chairman expressed his thanks to Mr.Goodrich and Mr. Birks for appearing before the Committee.

8.Any Other Business:

The Committee then discussed the replies received to the invitations issued to attend this meeting from the Irish Tobacco Manufacturers Advisory Committee, TDL Distributors, John Player & Sons enclosing their Submission and letter from P. J. Carroll & Co. Ltd. and their Submission to the Committee which was received on the 8 July.

While the Committee expressed dissatisfaction with the submissions received, the Committee agreed to invite representatives of John Player & Sons and P. J. Carroll & Co. Ltd. to appear again before the Committee during the first week in October.

The Committee agreed to place the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act,1997 as an item on the Agenda for its next meeting.

9.Next Meeting:

The Committee agreed to meet on Wednesday, 15 July at 2.30 p.m. and to invite representatives of the Adopted Peoples Association to attend this meeting.

The Committee agreed that it would not hold any further meetings until the week commencing 14 September 1998.

The meeting adjourned at 2.00 p.m.

Batt O’ Keeffe T.D.

Chairman

15 July 1998

AN COMHCHOISTE UM SHLÁINTE AGUS LEANAÍ

JOINT COMMITTEE ON HEALTH AND CHILDREN

Thursday, 15 July 1998

PUBLIC SESSION

1.A meeting of the Joint Committee took place in Room G5, Kildare House at 2.30 p.m.

2.Attendance:

Members Present:

Deputies Batt O’ Keeffe ( in the Chair ), Michael Ahern, *Theresa Ahearn, Paul Bradford, Beverley Cooper- Flynn, John Dennehy, Cecilia Keaveney, Dan Neville and Róisín Shortall.

Senators Dermot Fitzpatrick, Mary Jackman and Pat Moylan.

Apologies were received from Deputies Brendan Kenneally, Alan Shatter and Senator Pat Gallagher.

3.Minutes of previous meeting :

The minutes of the meeting held on 9 July 1998 were agreed and signed by the Chairman.

4.Correspondence:

The Chairman noted the following items of correspondence which were circulated at the beginning of the meeting;

(1)Letter dated 24 June from Mr. Dick Roche T.D., Chairman of the All Party Oireachtas Committee on the Strategic Management Initiative (SMI).

(2)Letter dated 8 July from Deputy Deirdre Clune in relation to Personal Assistants for People with Disabilities.

(3)Letters dated June 1998 to the Ceann Comhairle and the Cathaoirleach in relation to the European Health Forum to be held in Austria from 30 Sept to 2 October 1998.

In relation to the European Health Forum,the Committee agreed to place attendance at this Conference as an item on the Agenda for its next meeting.The Committee also agreed that if the Committee’s Travel Allocation would be exceeded if a delegation were to attend, that the Chairman should write to the Chairman of the Working Group of Chairmen, requesting additional funding in advance of the next Committee meeting.

5.Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act, 1997:

The Chairman stated that copies of the Act had been circulated to Members with the Agenda for this meeting and that the Motions commencing the Act were passed in Dáil and Seanad Éireann on 2 July 1998.

He pointed out that the Joint Committee on Health and Children does not have the Power to send for persons, papers and records under the Standing Orders and that, at present, this power only applies to the Public Accounts Committee and the Joint Committee on Consolidated Bills.

He went on to say that guidelines were presently being prepared by the Office in relation to the operation of the Act and that it is hoped that that these guidelines should be made available shortly.The Committee agreed to defers further consideration of this matter until after these guidelines were made available.

As the Chairman was urgently called away and in the absence of the Vice-Chairman, he sought nominations for an Acting Chairperson and on the proposal of Deputy Keaveney, Deputy Michael Ahern was unanimously elected Acting Chairman for the remainder of the meeting.

6.Presentation by Representatives of the Adopted Peoples Association:

The Adopted Peoples Association was represented by Mr. Kevin Cooney, Information Officer, Mr. Paul Bolger, Information Officer and Ms. Patricia Murray, Secretary.

Ms.Patricia Murray made a short presentation on behalf of the Association.

After the presentation, there then followed a question and answer session between the Members and the witnesses.

7.Next Meeting:

The Committee agreed to invite officials from the Department of Education and Science to discuss Health Promotion in the schools to attend its next meeting and agreed to adjourn Sine die

The meeting adjourned at 3.55 p.m.

Batt O’ Keeffe T.D.

Chairman

22 September1998

Joint Committee on Health and Children

Proceedings of the Joint Committee

Tuesday, 22 September 1998

1.In Public

The Joint Committee met at 11.10 a.m. in Room G2, Kildare House.

2.Attendance

The following Members were present:-

Deputies Batt O’Keeffe (in the Chair), Beverley Cooper-Flynn, John Dennehy, John Gormley, Cecilia Keaveney, Dan Neville, and G.V. Wright and Senators Dermot Fitzpatrick, Camillus Glynn, and Pat Moylan.

3.Minutes

The minutes of the previous meeting were approved and signed.

Matters arising:

The Committee paid tribute to Ms. Therese O’Reilly, former Clerk to the Committee who had transferred to a Government Department.

4.Correspondence

The Chairman referred to a letter received from the Irish Tobacco Manufacturers’ Advisory Committee. It was agreed that ITMAC, as requested, would not be invited to appear before the Committee.

5.Reports on Conferences attended

Reports on conferences held in Donegal and Dublin Castle were noted. A report on a conference attended in Geneva would be brought forward at the next meeting.

6.Health Promotion in Schools

The Chairman welcomed Mr. Tony Gorman, Assistant Chief Inspector, Mr. Prionsias Ó Dughaill, Inspector and Ms. Ruby Morrow, Senior Psychologist, Department of Education and Science.

Mr. Gorman was invited to address the Committee and he circulated a copy of his statement.

There followed a question and answer session on the Department’s policy and action plan in relation to health promotion in schools.

The Chairman, on behalf of the Committee, thanked Mr. Gorman and his colleagues for attending.

7.Any other business

(i)It was confirmed that two tobacco manufacturers would attend the next meeting on 8 October.

(ii)E.U. Commissioner Pádraig Flynn had accepted an invitation to meet the Committee on Friday, 30 October.

It was agreed to hold a joint session with the Joint Committee on European Affairs.

8.Adjournment

There being no further business the Committee adjourned at 12.55p.m.

Paul Connaughton

Vice-Chairman.

8 October 1998.

Joint Committee on Health and Children

Proceedings of the Joint Committee

Thursday, 8 October, 1998

1.The Joint Committee met at 2.30 p.m. in Room G2, Kildare House. In the absence of the Chairman, Deputy Paul Connaughton, Vice-Chairman, took the Chair.

2.Attendance:

The following members were present:

Deputies Paul Connaughton (in the Chair), Paul Bradford, *Eoin Ryan, John Dennehy, Cecilia Keaveney, Brendan Kenneally and Dan Neville. Senators Camillus Glynn, Mary Jackman and Pat Moylan.

Apologies were received from Deputy Alan Shatter and Senators Dermot Fitzpatrick and Pat Gallagher.

Substitutes:

3.Minutes:

The minutes of the meeting of 22 September were approved and signed.

4.Draft Report on 12th World AIDS Conference, Geneva:

The Report, as circulated, was adopted. The Chairman indicated that a report on a conference recently attended in Salzburg, Austria, would shortly be available.

5.Health Promotion:

The Chairman welcomed (i) Mr. Alastair Ross, Managing Director and Mr. Patrick Carroll, Company Secretary, P.J. Carroll & Co. Ltd. and (ii) Mr. Liam Peters, Managing Director and Mr. Paul Sadler, Group General Manager, External Affairs, John Player & Sons Ltd.

Mr. Ross and Mr. Peters were invited to make short opening statements and these were followed by a question and answer session. As part of Mr. Peter’s presentation, the Committee agreed that he could use a chart showing a typical advertisement of his Company’s tobacco product. Much of the discussion centred round tobacco advertising and the potential serious health risks due to smoking and whether regular use of tobacco was addictive. The tobacco manufacturers claimed that their advertising was not aimed at encouraging or attracting new smokers, but rather to persuade existing smokers to switch to their brands.

The Chairman thanked the witnesses for attending and they withdrew from the meeting.

6.Any Other Business:

(i)Rapporteurs: Senator Jackman made an oral presentation on an assignment on behalf of the Committee. Subject to getting a formal application, the Committee agreed in principle to a payment of £5,000 for the rapporteur. Senator Jackman indicated that she might subsequently apply for a further sum. The Committee agreed to address that issue when firm details were submitted.

(ii)It was also agreed that future meetings would revert to alternate Thursdays at 9.30 am.

There being no further business the meeting adjourned at 4.00 pm.

Senator Mary Jackman

Acting-Chairman.

22 October 1998

Joint Committee on Health and Children

Proceedings of the Joint Committee

Thursday, 22 October 1998

1.The Joint Committee met at 9.30 a.m. in Room G2, Kildare House.

2.Attendance

The following Members were present:-

Deputies Cecilia Keaveney, Dan Neville, Alan Shatter and Róisín Shortall and Senators Camillus Glynn, Mary Jackman(in the Chair) and Pat Moylan.

Apologies were received from Deputies Paul Bradford, Deirdre Clune, Paul Connaughton and Batt O’Keeffe and Senators Dermot Fitzpatrick and Pat Gallagher.

In the absence of the Chairman and the Vice-Chairman, it was agreed that Senator Mary Jackman would take the Chair.

3.Minutes

The minutes of the previous meeting were agreed and signed.

4.Correspondence

(i)It was agreed that Deputy Neville should represent the Committee at a Children’s Rights Conference in Kilmainham on 22 October - fee of £30.

(ii)Meeting of European Parliament Committee on Environment, Public Health and Consumer Protection, Brussels, 28 October: Discussion on European public health. It was agreed that the issue fell within the Committee’s remit and that the Chairman should attend (at a cost of £620).

(iii)International Symposium on HIV, Leukaemia and Opportunistic Cancers: Morocco, May 1999. It was agreed that the conference fell within the Committee’s remit and that a delegation of five (three Government and two Opposition) should attend. Overall costing to be ascertained.

(iv)Letter from Deputy Gormley re water fluoridation - consideration deferred until next meeting.

5.Rapporteur Assignment

Senator Jackman brought forward a proposal for a research project into Attention Deficit Order in Ireland. Deputy Shatter formally proposed adoption of the proposal. The Committee confirmed its approval of the assignment (fee £5,000), subject to the proposed deadline of end-January, 1999 being met. The Chairperson referred to previous correspondence from an Attention Deficit Hyperactivity Disorder group in Limerick. It was agreed to invite the group to make a presentation to the Committee on a mutually suitable date. It was also decided to defer a decision on further research until the rapporteur assignment was completed.

6.Work Programme

(i)The Committee agreed that a draft report should be drawn up by a Rapporteur on the current review before the Committee: Health Promotion in the context of tobacco advertising/consumption.

(ii)Before the report is drawn up it was agreed to hear evidence from the representatives of the medical profession on the effects of smoking on health.

(iii)It was agreed that a priority list should be drawn up from the work programme for consideration.

(iv)In private session.

7.Any Other Business

(i)In private session.

(ii)On the proposal of Deputy Shatter it was agreed that the Chairman should write to the Minister for Health and Children expressing concern about families at risk, action on reports to the Courts under the Children Act, access to children etc.

8.Adjournment

There being no further business the Committee adjourned at 10.30a.m.

Batt O’Keeffe T.D.,

Chairman.

19 November, 1998.

JOINT SESSION

JOINT COMMITTEE ON EUROPEAN AFFAIRS

AND

JOINT COMMITTEE ON HEALTH AND CHILDREN

FRIDAY, 30 OCTOBER, 1998

1.The joint session of the European Affairs and Health and Children Joint Committees was held at 10.48 a.m. in Room G2, Kildare House

2.Attendance

The following Members were present:

Deputies Batt O’Keeffe and Bernard Durkan (Joint Chairmen).

Deputies P. Bradford, M.Brennan (substituting for M.Collins), P.Carey, D.Clune, B.Cooper-Flynn, S. Doherty (substituting for A.Reynolds), T.Gregory, S.Haughey, S.Kirk, D.Lydon, J.McGuinness, D.Neville, S.Power and J.Wall.

Senators D.Fitzpatrick, C.Glynn, and P.Moylan

Mr. N.Andrews MEP, Mr. A.Gillis MEP, Ms. B.Malone MEP, Ms. P.McKenna MEP.

Also in attendance were Senators D.Cassidy, J.Connor and R.Kiely.

3.Meeting with EU Commissioner, Pádraig Flynn.

The Chairman, Deputy Batt O’Keeffe, on behalf of the two Joint Committees, welcomed the EU Commissioner for Employment and Social Affairs, Mr. Pádraig Flynn. The purpose of the meeting was to discuss health promotion at the EU level, with particular reference to tobacco advertising and consumption.

The Commissioner, addressing the meeting, welcomed the opportunity to describe efforts being made at EU level to reduce tobacco consumption, especially among young people. A landmark EU Directive, banning tobacco advertising and sponsorship on TV, had recently been agreed. He acknowledged, however, that the powerful tobacco industry was already looking at alternative campaigns to promote their products. It would be essential, in the Commissioner’s view, to harmonise anti-tobacco legislation across the EU, if any significant progress is to be made in reducing consumption on health grounds.

The Commissioner described other recent health promotion policy initiatives and welcomed the active support of the European Parliament in that regard. He also referred to the anomaly, whereby the EU was actually subsidising tobacco production in poorer regions of the EU, while at the same time attempting to reduce tobacco consumption. He was convinced that funding for those poor regions would be better spent on alternative means of employment (mainly subsistence farming), particularly as the quality of the produce was of such a low quality in those areas that it could not be used in any event in EU Member States. He added that there was a proposal to deduct 10 million ECUs from the tobacco subsidies to set up an information campaign to reduce/prevent tobacco consumption. Overall, EU tobacco production ranked second largest in the world, amounting to an annual 694 billion ECUs, of which, 218 billion ECUs’ worth were exported to third countries. It was pointed out that there were very powerful pro-tobacco lobbies at work and it was not necessarily the case that all EU Member States were unanimous in their approach to reducing consumption, e.g. Germany was certainly not pro-active in that regard.

The health impact of tobacco consumption was outlined by the Commissioner: Three million deaths a year world wide were attributed to tobacco abuse. A total of 30 percent of all cancers were tobacco related. He added that 60 percent of smokers began smoking before 18 years of age and 90 percent by the age of 20. That was why it was imperative to target the younger age groups with an anti-smoking programme that would be effective within the teenage sector. He cited the case of Finland, where a total ban on tobacco advertising since 1978 had led to a significant drop in smoking rates among the population as a whole.

There followed an exchange of views with the Members and MEPs. Reference was made to sponsorship of certain sports by the tobacco industry and the fact that cable and satellite TV virtually ensured the presence of such advertising on our screens. "Product placing", through the portrayal of smoking and tobacco manufacturers’ logos, in films funded by the industry was another obvious area that was extremely difficult to control. The Committee was concerned also about the fact that health promotion in Ireland was fragmented across a number of departments/agencies and the budget involved was insignificant in comparison with the enormous advertising budgets available to the tobacco industry.

The meeting concluded with the Chairman of the Joint Committee on European Affairs, Deputy Bernard Durkan, thanking the Commissioner and describing his Committee’s involvement in COSAC (Conference of European Affairs Committees) and the tracking of relevant EU legislation by the Committee.

The Commissioner thanked both Committees for meeting him and he indicated that he would be happy to return to address a further meeting at a later date to discuss other issues falling within his remit.

The meeting concluded at 12 noon.

Joint Committee on Health and Children

19 November 1998

1.The Joint Committee met at 9.30 a.m. in Room G2, Kildare House.

2.Attendance

The following Members were present:-

Deputies Batt O’Keeffe, Cecilia Keaveney, Deirdre Clune, John Gormley, Paul Connaughton, Dan Neville, and Senators Pat Gallagher, Camillus Glynn, Mary Jackman, and Pat Moylan.

Apologies were received from Deputies Ahern and Dennehy.

3.Minutes

The minutes of the previous meeting were agreed and signed.

4.In view of the Health Debate due to commence at 10.30 in Dáil Éireann, which many members wanted to participate in, it was agreed that the European Parliament report, Deputy Nevilles report and Deputy Gormleys proposal re fluoridation would be put back to the next meeting.

The Chairman informed members that he had written to the Ceann Comhairle with regard to filling the position of Committee Clerk which had been vacant for some time. He also informed members that the Minister for Health and Children had been written to regarding families at risk and that the Ministers Office had promised a quick response.

5.The Chairman then welcomed Professor Ryan and Ms. Clare Chambers from the Irish Society of Toxicology and they proceeded to give a presentation covering health issues with regard to smoking. Their presentation emphasised the absolute need to get the message across that smoking damages health and the need for primary prevention i.e. stopping people from ever taking up smoking. Professor Ryan said that this should be addressed at primary level children. He said that Ireland could take the lead in a major health promotion campaign. The presentation also covered passive smoking and the fact that the "dose response relationship" is the key factor in damaging health.

A question and answer session followed which covered a definition of addiction, whether health studies have been done on the cost of smoking related disease in Ireland, why some people give up smoking, whether women are at greater risk from smoking than men, the increased number of young girls beginning to smoke, the double exposure of people in Dublin to risk due to other pollutants, whether increasing tax on cigarettes doubly penalises people on lower incomes, how to get second level children to stop smoking, the contribution GPs have to make, the fact that children can have unsupervised access to cigarette vending machines, the level of integration between agencies which try to combat smoking and the benefit of shock advertising.

The Chairman thanked Professor Ryan and Ms. Chambers for their presentation and they said that they would be willing to assist the Joint Committee in the future if needed.

6.Any Other Business

It was agreed that the Irish College of General Practitioners should be invited to the next meeting of the Joint Committee and that the Secretary General of the Department should be invited to the following meeting. The Chairman said that he would intend to have the report on this area completed by Easter 1999 at the latest.

The Chairman said that the draft annual report would be brought forward to the next meeting of the Joint Committee.

Senator Pat Gallagher raised the issue of the submission regarding malicious allegations of sexual abuse which had been circulated to members and informed the Joint Committee that the legislatory problem referred to in the submission, which related to the Protection of Persons Act, had been addressed during the Bills passage through the Seanad.

Batt O’Keeffe T.D.

Chairman

3 December 1998

APPENDIX 6

Oireachtas Committee on Health and Children

Work Programme 1999

Introduction

In accordance with Standing Order 79A(4) of the Standing Orders relative to Public Business of Dáil Éireann and Standing Order 63(4) of the Standing Orders relative to Public Business of Seanad Éireann the following details the Work Programme of the Oireachtas Committees on Health and Children agreed by the Joint Committee at its meeting on 28 January, 1999.

In view of the specific function of the Select Committee on Health and Children under the Orders of Reference and the resources and facilities available to the Joint Committee it is anticipated that the Joint Committee will be in a position to hold some 20 meetings in the course of 1999. It is hoped that the Joint Committee can incorporate some of the matters for consideration in with the consideration of Department of Health and Children’s Strategy Statement.

Orders of Reference of the Joint Committee on Health and Children.

Paragraph (2) (a) of the Order of Dáil Éireann of 13 November, 1997 and paragraph (1) (a) of the Order of Seanad Éireann of 19 November, 1997, empowers the Joint Committee to consider—

"(i)such public affairs administered by the Department of Health and Children as it may select, including bodies under the aegis of that Department in respect of Government policy,

(ii)such matters of policy for which the Minister in charge of that Department is officially responsible as it may select,

(iii)the strategy statement laid before each House of the Oireachtas by the Minister in charge of that Department pursuant to section 5(2) of the Public Service Management Act, 1997, and shall be authorised for the purposes of section 10 of that Act,

(iv)such Annual Reports or Annual Reports and Accounts, required by law and laid before either or both Houses of the Oireachtas, of bodies under the aegis of the Department(s) specified in paragraph 2(a)(i), and the overall operational results, statements of strategy and corporate plans of these bodies, as it may select.

Provided that the Joint Committee shall not, at any time, consider any matter relating to such a body which is, which has been, or which is, at that time, proposed to be considered by the Committee of Public Accounts pursuant to the Orders of Reference of that Committee and/or the Comptroller and Auditor General (Amendment) Act, 1993.

Provided further that the Joint Committee shall refrain from inquiring into in public session, or publishing confidential information regarding, any such matter if so requested either by the body or by the Minister in charge of that Department; and

(v)such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas,

and shall report thereon to both Houses of the Oireachtas.".

Accordingly, the items listed in this Work Programme will be considered by the Joint Committee within the parameters defined by the Orders of Reference of the Joint Committee, as amended from time to time.

Order of Consideration of items and Amendment of Work Programme of Joint Committee on Health and Children.

The items listed for consideration in this Work Programme are not in any order of priority. The Joint Committee is of the opinion that to accord priority and agree a timetable for consideration of the various items would impose a rigid structure that would not enable the Joint Committe to respond to events that may or may not occur in the course of the year. As the Committee could not be required to anticipate all developments in the area of responsibility of the Department, it has agreed that, in response to a particular event, it shall, if it deems it necessary to do so, amend this Work Programme to include further items or delete or revise existing items for consideration. Any such amendment of this Work Programme shall be laid before both Houses of the Oireachtas as soon as may be following such amendment.

A.Joint Committee on Health and Children

Items for Consideration:

General

♦Agenda 2000, For a Stronger and Wider Union; the Policies of the Union and the Challenge of Enlargement (European Commission, 1997).

♦The Strategy Statement of the Department of the Health and Children pursuant to the Public Service Management Act, 1997.

(a)Policy with Minister / Minister of State

(b)Administration with Secretary General / Designated Officer

-Policies of Bodies under the aegis of the Department.

Food Safety

♦Government Policy on Food Safety in the light of recent food scares(CJD and e-Coli)

-May wish to consider the holding of a Joint meeting with the Joint Committee on Agriculture, Food and the Marine on this matter.

-Plans to establish a National Food Safety and Quality Authority.

Safety of Blood Products

♦Possibility of transmission of a new variant CJD from Blood products, Blood transfusion.

♦progress in the implementation of the recommendations of the Finlay Report.

Hospital Services

♦Hospital Waiting lists in particular for Cardiac Surgery and Hip Replacements.

♦Nursing Issues.

♦Cystic Fibrosis - proposals to establish a Heart / Lung Transplant facility in this country.

General Medical Service

♦The fragmentation of general practice and the isolation of general practioners.

Skills shortages in the Health Services

Treatment of Infectious Diseases

♦Hepatitis C.

♦Aids /HIV and other S.T.D.s.

♦Meningitis - increase in incidence(if any) and recent breakthrough in the treatment of one form of the disease.

Treatment of Addictions

♦Alcohol,drug and substance addiction.

Health services for the Elderly.

♦Update on demographic trends.

♦Home Help Service and update on progress of the Interdepartmental Working Group on review of the Carers Allowance - Possibility of a Joint meeting with the Committee on Family, Community and Social Affairs on this matter.

Health services for People with Disabilities.

♦Provision of residential day and respite services for those with a mental or physical disability.

♦Implementation of the recommendations of the Department’s assessment of need, 1997 to 2001 of service to persons with a mental handicap and intellectual disability.

Health issues for Men and Women

♦Update on the Plan for Women’s Health announced in April 1997.

-Possible extension of the availability of Cervical smear testing free of charge.

-Waiting period for the reporting of cervical smear results.

-Breast Cancer Screening Programme - progress to date on the implementation of the programme.

♦Report of the Maternity and Infant Care Scheme Review Group published in April 1997- update on progress.

♦Post Natal Depression - possibility of provision of hospital facilities in maternity hospitals where hospitalisation is required rather than admission to psychiatric hospitals.

♦Prostate Cancer

Cancer

♦Establishment of a National Cancer Screening Register.

♦Possible health dangers posed by use of mobile phones and the location of masts.

♦Preventative Health Measures

Health Promotion

Mental Health

♦Mental Health and the possible need for changes in this area as a result of recent court cases.

♦Evaluation of the Report of the Inspector of Mental Hospitals

♦Suicide

Children

♦Health services for children

♦Adoption by Irish residents of children in China

-Establishment of a Voluntary Contact Register for adult adoptees to contact both natural parents.

♦Abuse of Children - 1987 guidelines on procedures for the identification, investigation and management of child abuse.

♦Residential Child Care in Ireland - implementation of the provisions in Child Care Act 1991.

♦Implementation of those provisions in Part VII of the Child Care Act 1991 relating to the regulations governing safety and health standards in pre school services.

♦Review of the provisions in Part II of the Child Care Act 1991 in relation to Family Support Services.

♦Funding for the Diagnosis and the support services available to sufferers of Attention Deficit Disorder.

♦Implementation of the UN Charter on the Rights of the Child

B.Such other matters as may be referred by both Houses.

C.Such other matters under the Orders of Reference of the Joint Committee as it may decide.

D.Subject to Standing Order 78 A of the Standing Orders of Dáil Éireann relative to Public Business and Standing Order 62A of the Standing Orders of Seanad Éireann relative to Public Business, the Committee may decide to undertake Travel as necessary in the context of a matter under consideration.

E.Dáil Select Committee on Health and Children

Consideration of:-

-Bills referred to the Committee by Dáil Éireann

-Estimates for Public Services within the aegis of the Department of Health and Children.

* substituted for Deputy Brendan Kenneally.

(* Substituting for Deputies Paul Connaughton and Brendan Kenneally respectively).

* Substituting for Deputy Deirdre Clune.

*Deputy Beverley Cooper-Flynn.