Committee Reports > List of Committees > Joint > 2002 > Committee on Health and Children > Annual Report of the Joint Committee on Health and Children, 2000-2001

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

2000–2001

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 69, 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 7^th February 2002 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), 14^th February 2001 (new subparagraph (1)(a)(iii) 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 Dan Neville (appointed in place of Paul Bradford on the 29^th March 2001) 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 Committee welcomed the membership of Deputy Bernard Allen with effect from 29^th March 200, replacing Deputy Paul Bradford, and Deputy Martin Brady with effect from 17^th May 2001, replacing Deputy Michael Ahern.

The Members of the Joint Committee are set out at Appendix 2(a)

4. Establishment of Sub-Committee

Standing Order 78A (3) confers on Committees the power to appoint sub-Committees and to refer to such sub-Committees any matter covered by its orders of reference and to delegate any of its powers to such sub-Committees, including power to report directly to the Dáil.

The Joint Committee agreed at its meeting on 24^th January 2001 to create a sub- Committee to further consider matters relating to smoking and health.

It was also agreed that the Sub-Committee would consist of 7 Members (4 Dail and 3 Seanad). The Members of the sub-Committee are set out in Appendix 2(b).

At its first meeting on 7th March 2001 the Sub-Committee on Health and Smoking elected Deputy Batt O’Keeffe as Chairman and Deputy Gay Mitchell as Vice-Chairman.

5. Meetings, Attendance and Recording

Meetings of the Joint Committee and its Sub-Committee took place in the Committee rooms in Kildare House and Leinster House 2000. 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. and TV3.

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. These may also be viewed on the Oireachtas website at www.irlgov.ie/oireachtas.

Copies of other reports published by the Joint Committee may be obtained from the Clerk, Joint Committee on Health and Children, Kildare House, Kildare Street, Dublin 2. A list of these reports are set out at Section 9.

6. Number and Duration of Meetings

The Joint Committee met on 19 occasions in the year under report. The number of hours discussion involved in these meetings was in excess of 27 hours. The date and subject matter of each meeting is set out at Appendix 3(a).

The Joint Committee’s programme of meetings was curtailed due to the inquiry by the Joint Committee on Public Enterprise - Sub-Committee on the Mini-CTC Signalling Sysyem. Due to the unavailability of meeting rooms and support staff, no meetings could be held during September and the first half of October.

The Sub-Committee on Health & Smoking met on 9 occasions during the year 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 3(b).

The Dáil Select Committee met on 10 occasions in the year under report and the number of hours discussion involved in these meetings was in excess of 28 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.

7. Work of the Committee

7.1 Joint Committee

On the 19 occasions the Committee met it dealt with the following matters:

•Health and smoking

•Hospital waiting lists

•Safety of blood products

•Vaccination of children

•Private health insurance

•Nursing home subventions

•Orthodontic services

•Tobacco legislation

•Suicide

A copy of the Joint Committees work programme for 2002 is at Appendix 6.

7.2 Sub-Committee on Health and Smoking

On the 9 occasions the Sub-Committee met, it heard evidence from invited parties, taken under oath, on matters relating to smoking and health.

7.3 Dáil Select Committee

On the 10 occasions the Committee met it dealt with the following matters:

•Supplementary Estimate 2000- Department of Health and Children

•Revised Estimates 2001- Department of Health and Children

•Supplementary Estimate 2001- Department of Health and Children

•Health (Miscellaneous Provisions) (No. 2) Bill, 2000

•Health Insurance (Amendment) Bill, 2000

•Twenty-fifth Amendment of the Constitution (Protection of Human Life in Pregnancy) Bill, 2001

8. Groups and Individuals attending before Committee

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

•Representatives of Department of Health and Children

•Representatives of the Public Health Directors of the Health Boards

•The Irish Pharmaceutical Healthcare Association

•The National Disease Surveillance Centre

•The Irish Medical Organisation

•The Irish College of General Practitioners

•The Royal College of Physicians: Sub-Committee on Childhood Vaccinations of the National Immunisation Advisory Committee

•Prof. Denis Gill, Consultant Paediatrician, Childrens Hospital, Temple St.

•Irish Blood Transfusion Service

•Dr. Andrew Wakefield, Royal Free and University College Medical School, University of London

•Prof. John O’Leary, Department of Pathology, Coombe Womens Hospital

•Irish Association of Suicidology

•Mr. Kevin Murphy, Ombudsman

•Voluntary Health Insurance Board

•The Health Boards

•The Dental Council

•Royal College of Surgeons in Ireland.

The Sub-Committee on Health and Smoking met with the following groups and individuals –

•Ash Ireland

•Prof. Luke Clancy, Professor of Respiratory Medicine, Trinity College

•The National Youth Council of Ireland

•Representatives from the Department of Health & Children

•The Office of Tobacco Control

9. Joint Committee Reports and Resolutions

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

•Annual Report 1999/2000

•Work Programme 2001

•A Comparative Analysis of Waiting Lists for Acute Hospital Treatment in EU Countries (Rapporteur: Liz McManus T.D.)

•First Interim Report of the Sub-Committee on Health and Smoking

•Second Interim Report of the Sub-Committee on Health and Smoking (Rapporteur: Gay Mitchell T.D.)

•Report on Childhood Immunisation

The Joint Committee also passed the following Resolution –

“That this Committee, sharing the concern of the Irish Haemophilia Society and its members to ensure that the Lindsay Tribunal is in a position fully to establish the circumstances surrounding the HIV and Hepatitis C infection of persons with haemophilia, and to establish, in particular, the state of knowledge of State agencies and public bodies at the time of the settlements made with those persons in 1991, and believing that access to privileged documents may shed some light on this, calls on the Irish Blood Transfuóion Service and the health boards and hospitals represented before the tribunal to waive legal privilege in respect of the documents in their possession relating to this matter and to release to the tribunal the documents over which they have claimed such privilege.”

9.1 Work in Progress

(i) Water Fluoridation

Deputy John Gormley has been appointed by the Committee as a rapporteur to prepare a report for the Committee on the issue of water fluoridation. A draft report should be available by Easter 2002.

(ii) Orthodontic Services in Ireland

The Committee have been examining the issue of orthodontic services in Ireland. A report on this subject will be published by the Committee by Easter 2002.

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)Purpose of travel: attendance at the 34^th Annual Conference of the American Association of Sucidology.

b)Purpose of travel: Attendance at the International Congress of Sexually Transmitted Infections

c)Purpose of travel: Attendance at Andrew’s Tobacco Litigation 2001

d)Purpose of travel: Attendance at the 4th European Health Forum

e)Purpose of travel: Attendance at conference ‘Stem Cells:Therapies for the future?’

11. Function and Powers

During 2001, the Committee was granted by order of Dáil Eireann and Seanad Eireann the power to send for persons, papers and records so that it could undertake further work and give further consideration to the issue of health and smoking. These orders expired on 31 December 2001.

The Committee is currently satisfied with its present procedures and role.

___________________________

Batt O’Keeffe, T.D.

Chairman of the Joint Committee

7 February 2002

(Note: This annual report was agreed by the Joint Committee at its meeting on 7.2.2002)

APPENDICES

APPENDIX 1

Orders of Reference

Dáil Éireann

13th November, 1997, (* 28th April 1998), (** 14^th February 2001),

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,

** (iii)Proposals contained in any motion, including any motion within the meaning of Standing Order 149(A) concerning the approval by the Dáil of international agreements involving a charge on public funds,

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, whiãh 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(a)

Members of the Joint Committee

Notes:

a.Senator Kathleen O’Meara was appointed in place of Senator Pat Gallagher on 4 November 1999

b.Deputy Liz McManus was appointed in place of Deputy Róisín Shortall on 4 November 1999

c.Deputy Gay Mitchell was appointed in place of Deputy Alan Shatter on 29 June 2000

d.Deputy Michael Ring was appointed in place of Deputy Deirdre Clune on 29 June 2000

e.Deputy Bernard Allen replaced Paul Bradford on the 29th March 2001

f.Deputy Martin Brady replaced Deputy Michael Ahern on 17th May 2001

APPENDIX 2(b)

Members of the Sub-Committee on Health & Smoking

List of Members

APPENDIX 3(a)

Meetings of the Joint Committee

APPENDIX 3(b)

Meetings of the Sub-Committee on Health & Smoking

APPENDIX 4

Meetings of the Dáil Select Committee

APPENDIX 5

Minutes of Proceedings of the Joint Committee

Joint Committee on Health and Children

Proceedings of the Joint Committee

7 December 2000

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 (in the chair), Paul Bradford, Beverley Cooper-Flynn, Cecilia Keaveney, Liz McManus, Gay Mitchell and Michael Ring.

Senators Mary Jackman, Camillus Glynn and Pat Moylan.

3.Minutes

The minutes of the meeting held on 23 November 2000 were agreed and signed by the Chairman.

Matters Arising

The Chairman advised the meeting that Deputy McManus had completed her rapporteur report on a comparative analysis of hospital waiting lists in the EU and it was agreed that Deputy McManus should formally present the report at the next meeting of the Committee.Copies of this report would be circulated to members in advance of the meeting.

4.Correspondence

(i)In private session.

(ii)In private session.

It was agreed to defer discussion on the remaining items of correspondence received until the next meeting.

5.Smoking and Health - Consideration of Draft Resolution regarding Compellability Powers

It was agreed to defer discussion on this item until the next meeting of the Committee which would be held in private on Tuesday 12 December at 2.30p.m. and that Mr. Conor Maguire S.C. would attend the meeting to discuss the legal advice provided to the Committee regarding the use of compellability powers.

6.Presentations on Vaccination of Children

The Chairman welcomed to the meeting the following groups who had been invited to address the Committee on the issue of vaccination of children.

Representing the Department of Health and Children

-Dr. Jim Kiely, Chief Medical Officer

-Dr. John Devlin, Assistant Chief Medical Officer

-Ms. Dora Hennessy and Fergal Goodman from the Departments Community Health area

-Dr. Michael Mulcahy, Mental Handicap Advisor

Representing the Public Health Directors of the Health Boards

-Dr. Kevin Kelleher, Director of Public Health, Mid-Western Health Board

-Dr. Partick Doorley, Director of Public Health, Midland Health Board

-Ms Maureen Windle, representing Health Board CEOs

and from the Irish Pharmaceutical Healthcare Association

-Anne Nolan, CEO

-Brian Murphy Commercial Affairs Manager

-Dr. Mike Watson

The presentations were followed by a question and answer session. The Chairman thanked the presenters for their very interesting and informative presentations and for answering the Committees questions.

7.In private session

8.Any Other Business

There being no other business, the Committee adjourned at 11.35a.m.

Batt O’Keeffe T.D.

Chairman

12 December 2000

Joint Committee on Health and Children

Proceedings of the Joint Committee

12 December 2000

The meeting was held in private session

Joint Committee on Health and Children

Proceedings of the Joint Committee

18 January 2001

1.The Joint Committee met at 10a.m. in Room G2, Kildare House.

2.Attendance

The following Members were present:-

Deputies Batt O’Keeffe (in the chair), Michael Ahern, Paul Connaughton, Beverley Cooper-Flynn, John Dennehy, John Ellis*, John Gormley, Brendan Kenneally, Liz McManus, Gay Mitchell, Dan Neville and Michael Ring.

Senators Fintan Coogan**, Dermot Fitzpatrick, Mary Jackman, Camillus Glynn, Pat Moylan and Francis O’Brien***.

Apologies were received from Deputy Paul Bradford

3.In private session

4.In private session

5.Minutes

The minutes of the meeting held on 12 December 2000 were agreed and signed by the Chairman.

Matters Arising

(i)Smoking and Health: Use of Compellability Powers

The Chairman advised the meeting that the Committee had been formally conferred with the powers to send for persons, papers and records, and will have these powers until the end of June 2001. It had been agreed at the previous meeting, on foot of legal advice, that further consideration of the smoking and health issue should be delegated to a sub-committee. The terms of reference for the sub-committee would be drafted by the Clerk for agreement at a private meeting on 24 January 2001.

(ii)Draft Rapporteur Report on Hospital Waiting Lists

The Chairman advised the meeting that Deputy McManus’ draft report had been circulated to members for comment. It was agreed to discuss any amendments and agree the report at the next meeting.

iii)Irish Blood Transfusion Service

Deputy McManus raised the issue of the ongoing staff difficulties at the IBTS and the insistence of the board of the IBTS to proceed to single site testing of blood products, despite the recommendations of this Committee and the concerns expressed by the medical profession in the Munster region.. It was agreed to write to the Minister for Health and Children to seek clarification of the account he has taken of the Committees report on the IBTS proposals for single site testing and the contention which has arisen between the IBTS centres in Dublin and Cork.

6.Correspondence

The Chairman referred to a number of items of correspondence which had been circulated with the agenda

-correspondence from Dr. Andrew Wakefield, University College London, providing details of research carried out by himself and Professor John O’Leary into possible links between MMR and autism. The meeting was advised that Dr. Wakefield and Professor O’Leary had been invited to address the Committee at the next scheduled public meeting on 1 February.

-a submission on vaccination from Dr. Ed Yazbak, in the USA, who has also carried out research into the autism-vaccine connection. Dr. Yazbak indicated that he would be prepared to address the Committee at his own expense, although the date of the next scheduled meeting (1 february)was unsuitable.It was agreed that the Committee might invite Dr.Yazbak to address a future meeting of the Committee

-a video on the negative aspects of vaccination from Ms. Bronwyn Hancock, Vaccination Information Service, Australia. It was agreed that the Clerk would arrange to have this video shown on the in-house TV channel when the Dáil and Seanad had resumed.

The Committee noted receipt of several other items of correspondence

-a letter from Ms. Miriam Twomey, Hope Project.

-a letter and enclosures from Dr. Viera Scheibner, Research Scientist

-a report on autism and vaccines, forwarded by Ms. Barbara Fisher, National Vaccine Information Centre, USA

-a letter and submission on vaccination from Dr. Sean Fennell, US Army Hospital, Germany

-a letter from Dr. Jane McGauran, Western Health Board

-a letter and submission on vaccination from Mr. Jim Kennedy

-a letter from Mr. David Thrower

-a submission on vaccination from Mr. Oliver Dunne

-a US Centre for Disease Control report on vaccines and autism, forwarded by the Irish College of General Practitioners

7.Presentations on Vaccination of Children

The Chairman welcomed to the meeting the following groups who had been invited to address the Committee on the issue of vaccination of children:

(i)Representing the National Disease Surveillance Centre

-Dr. Darina O’Flanagan, Director

-Dr. Derval Igoe, Specialist in Public Health Medicine

(ii)Representing the Irish Medical Organisation

-Dr. James Reilly, Chairman, IMO General Practitioner Committee

-Dr. Declan Bedford, Chairman, IMO Public Health Doctors Committee

(iii)Representing the Irish College of General Practitioners

-Dr. Brian Coffey, Chairman of ICGP

-Dr. Rita Doyle, Chair of ICGP Task Group on Immunisation

(iv)Representing the Royal College of Physicians -Sub-Committee on Childhood Vaccinations of the National Immunisation Advisory Committee

-Dr. Kevin Connolly, Committee Chairman and Consultant Paediatrician

-Professor Brian Keogh, Committee member and former President

-Dr. Karina Butler, Committee member and Consultant in paediatric infectious diseases

(v)Professor Denis Gill, Consultant Paediatrician at the Childrens Hospital, Temple Street

The presentations were followed by a question and answer session. The Chairman thanked the presenters for their very interesting and informative presentations and for answering the Committees questions.

8.Any Other Business

There being no other business, the Committee adjourned at 1p.m.

Batt O’Keeffe T.D.

Chairman

24 January 2001

Joint Committee on Health and Children

Proceedings of the Joint Committee

24 January 2001

The meeting was held in private session.

Joint Committee on Health and Children

Proceedings of the Joint Committee

15 February 2001

The meeting was held in private session.

Joint Committee on Health and Children

Proceedings of the Joint Committee

1 March 2001

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 (in the chair), Michael Ahern, Paul Bradford, John Dennehy, Brendan Kenneally, Liz McManus, Gay Mitchell, Dan Neville, Michael Ring and G.V. Wright.

Senators Camillus Glynn and Mary Jackman.

Also in attendance was Senator Madeleine Taylor-Quinn and Ms. Lia O’Hegarty, Parliamentary Legal Advisor.

Apologies were received from Deputy Beverley Cooper-Flynn and Deputy Cecilia Keaveney.

3.Meeting with the Irish Blood Transfusion Service regarding allegations that misleading evidence was given to the Committee on the single site testing issue

The Chairman welcomed to the meeting IBTS Chairperson Dr. Pat Barker, Chief Executive Officer, Mr. Martin Hynes, the National Medical Director, Dr. William Murphy and Dr. Joan Power, Regional Director at the IBTS Cork Centre. Mr. Finbarr Fitzpatrick, Secretary General of the Irish Hospital Consultants Association accompanied Dr. Power.

Dr. Joan Power then made a presentation detailing how she believed the Committee had been mislead by evidence presented by the IBTS regarding the decision to centralise blood testing in Dublin. A lengthy discussion followed during which Dr. Barker, Dr. Murphy and Mr. Hynes responded to the allegations made by Dr. Power, and all parties responded to questions from members.

During the course of discussion, Dr. Power clarified that she was not accusing Dr. Murphy of misleading the Committee, but added that he had not moved to clarify matters. Dr. Barker apologised to the Committee if her use of language had suggested that she was a member of the IBTS Board in March 1999 when it requested Mr. Hynes and Dr. Murphy to prepare a report on the implications of single site testing. Mr. Hynes apologised to the Committee if there was confusion over the two different reports presented to the board of the IBTS in March and July 1999, but emphasised that the replies given to members questions at the time remained valid.

Prior to entering the discussion, Deputy Dennehy put on record that he may be party to a legal action being taken against the Vice-Chairperson and Chairperson of the Blood Products Liaison Group of the Southern Health Board.

Due to time constraints, it was not possible for Mr. Hynes to make a presentation regarding the background to the decision of the board of the IBTS to centralise blood testing at a single site. It was agreed that copies of this presentation would be distributed to members.

4.Minutes

It was agreed to defer consideration of the minutes until the next meeting.

5.Correspondence

It was agreed to defer consideration of correspondence received until the next meeting.

6.Attendance at the International Congress of Sexually Transmitted Infections, Berlin, June 2001

It was agreed to defer consideration of this item until the next meeting.

7.Any Other Business

There being no other business, the Committee adjourned at 11.30a.m.

Batt O’Keeffe T.D.

Chairman

March 2001

Joint Committee on Health and Children

Proceedings of the Joint Committee

13 March 2001

The meeting was held in private session.

Joint Committee on Health and Children

Proceedings of the Joint Committee

22 March 2001

1.The Joint Committee met at 9.30 a.m. in Committee Room 1, LH2000.

2.Attendance

The following Members were present:-

Deputies Batt O’Keeffe (in the chair), Michael Ahern, Bernard Allen*, John Gormley, Brendan Kenneally, Liz McManus, Gay Mitchell, Dan Neville and Michael Ring.

Senators Mary Jackman and Pat Moylan.

Deputy Tony Killeen T.D. also attended.

Apologies were received from Deputies Beverley Cooper-Flynn.

3.Minutes

The minutes of the meeting held on 13 March 2001 were agreed and signed by the Chairman.

4.Correspondence

The Chairman referred to a letter from Senator Anne Leonard requesting that the Committee investigate the workings of the North Eastern Health Board, in relation to Monaghan hospital and the down-grading of the facilities within the hospital. It was agreed to note the Senators request and revisit it when the Committee next reviewed the work programme.

The Committee also noted receipt of correspondence from the National Disease Surveillance Centre and the Irish Pharmaceutical Healthcare Association, both relating to the vaccination.

5.Consideration of Motion regarding the release of documents to the Lindsay Tribunal

Deputy McManus moved the following motion which had been tabled in her name and the names of Deputies Cecilia Keaveney, Gay Mitchell and John Gormley:

“That this Committee, sharing the concern of the Irish Haemophilia Society and its members to ensure that the Lindsay Tribunal is in a position fully to establish the circumstances surrounding the HIV and Hepatitis C infection of persons with haemophilia, and to establish, in particular, the state of knowledge of State agencies and public bodies at the time of the settlements made with those persons in 1991, and believing that access to privileged documents may shed some light on this, calls on the Irish Blood Transfusion Service and the health boards and hospitals represented before the tribunal to waive legal privilege in respect of the documents in their possession relating to this matter and to release to the tribunal the documents over which they have claimed such privilege.”

The motion was agreed by the Committee. It was further agreed that the resolution of the Committee be notified to both Houses when the Committee next reports.

6.Presentations on Vaccination of Children

The Chairman welcomed to the meeting the following medical experts who had been invited to address the Committee on the issue of vaccination of children:

•Dr. Andrew Wakefield of the Royal Free and University College Medical School, University of London

•Professor John O’Leary, Department of pathology, Coombe Womens Hospital, Dublin.

The presentations were followed by a question and answer session. The Chairman thanked the presenters for their very interesting and informative presentations and for answering the Committees questions.

7.Any Other Business

There being no other business, the Committee adjourned at 11.10 a.m..

Batt O’Keeffe T.D.

Chairman

12 April 2001

Joint Committee on Health and Children

Proceedings of the Joint Committee

12 April 2001

1.The Joint Committee met at 9.30 a.m. in Committee Room 3, LH2000.

2.Attendance

The following Members were present:-

Deputies Batt O’Keeffe (in the chair), Bernard Allen, Paul Connaughton, John Dennehy, John Gormley, Cecilia Keaveney, Brendan Kenneally, Liz McManus, Gay Mitchell and Dan Neville.

Senators John Cregan*, Mary Jackman and Pat Moylan.

The Parliamentary Legal Advisor, Ms. Lia O’Hegarty, also attended.

Apologies were received from Senator Camillus Glynn.

3.Minutes

The minutes of the meeting held oî 22 March 2001 were agreed and signed by the Chairman.

Matters arising

The Chairman welcomed to the Committee Deputy Bernard Allen who had replaced Deputy Paul Bradford. On behalf of the members of the Committee, the Chairman expressed appreciation to Deputy Bradford for his contribution to the work of the Committee over the last 3 years.

The Chairman noted that with the departure of Deputy Bradford, a vacancy now existed on the sub-Committee on Health and Smoking. It was agreed that both convenors should meet to resolve how the vacancy should be filled.

4.Correspondence

The Chairman referred to a letter from the European Parliament inviting members to take part in a round table discussion on human genetics, with particular reference to research involving the human embryo and cloning. The meeting will take place in June. It was agreed that any members interested in taking part in the debate would contact the Clerk.

The Chairman also referred to a letter from the Office of Tobacco Control which highlighted the problem that the statute of limitations poses for smokers who wish to take legal cases against the industry. It was agreed to refer this letter to the sub-Committee on Health and Smoking.

The Committee also noted receipt of correspondence, as follows:

•A letter from Mr. Liam Spaine regarding the Mental Health Bill

•A letter from St. James’s Hospital responding to the Committees motion that they waive privilege over certain documents required by the Lindsay Tribunal

•A letter from Mr. M.J. Molloy regarding fluoridation

•A letter from the Parliamentary Legal Advisor regarding legal privilege

5.Presentation by the Irish Association of Suicidology

The Chairman welcomed to the meeting Dr. John Connolly who had been invited to address the Committee on the role of the Irish Association of Suicidology and also to show to the Committee a short video produced by the Association called “Joannes Story”.

The presentation was followed by a question and answer session.

6.In private session

7.In private session

8.In private session

9.Any Other Business

Deputy McManus raised the issue of a visit to the Northern Ireland Assembly to meet with Minister Bairbre de Brun, the N.Ireland Minister for Health and Social Services, and the N.Ireland Assembly Health Committee to discuss North/South co-operation in the health area. It was agreed that the Clerk would make the necessary inquiries and report back to the Committee at a later date.

There being no other business, the Committee adjourned at 11.00 a.m..

Batt O’Keeffe T.D.

Chairman

10 May 2001

Joint Committee on Health and Children

Proceedings of the Joint Committee

10 May 2001

The meeting was held in private session.

Joint Committee on Health and Children

Proceedings of the Joint Committee

24 May 2001

The meeting was held in private session.

Joint Committee on Health and Children

Proceedings of the Joint Committee

21 June 2001

1.The Joint Committee met in public session at 9.30 a.m. in Committee Room 3, LH2000.

2.Attendance

The following Members were present:-

Deputies Batt O’Keeffe (in the chair), Bernard Allen, Beverley Cooper-Flynn, John Dennehy, Cecilia Keaveney, Brendan Kenneally, Liz McManus, Gay Mitchell, Dan Neville and Michael Ring.

Senators Mary Jackman, Camillus Glynn and Pat Moylan.

In the unavoidable absence of the Chairman, Deputy Keaveney took the Chair at 10.15am.

3.In private session

4.In private session

5.Minutes

The minutes of the meeting held on 24 May 2001 were agreed and signed by the Chairman.

6.Correspondence

The Chairman referred to a number of items of correspondence which had been circulated with the agenda:

a.a letter from the Health Committee of the Northern Ireland Assembly, who have indicated that they would be pleased to meet with this Committee in September. It was agreed that both Convenors would consult with members and advise the Clerk of a preferred date for this meeting, the numbers likely to travel and items for inclusion on the agenda on the agenda. It was also agreed to seek a briefing from the Department of Health on Children on north/south contacts to date.

b.a letter from the International Adoption Association, forwarded by Deputy Mitchell, requesting that the Committee investigate the serious delays in the International Adoption Assessment Service of the Eastern Regional Health Authority. It was agreed to defer a final decision on this issue until the autumn when the Committee would review its work programme and establish priorities.

c.a request from the Combat Poverty Agency requesting an opportunity at address the Committee on the issues raised in the recently published ‘Poverty Briefing’. It was agreed to defer a decision on this request until the autumn.

The Committee noted receipt of correspondence from Deputy John Moloney, Ms Yvonne Dineen and the Minister for Health and Children.

7.Payments to disabled person working in state workshops

It was agreed to defer this item until the next meeting.

8.Presentation by the Ombudsman on the Report on Nursing Home Subventions

The Chairman welcomed to the meeting a the Ombudsman, Mr. Kevin Murphy, and a senior investigator from his office, Mr. Fintan Butler

The Ombudsman had been requested to address the Committee on his recently published report on nursing home subventions, which had identified several serious concerns regarding the administration of the nursing home subvention scheme.

The presentation was followed by a question and answer session.

9.Any Other Business

There being no other business, the Committee adjourned at 10.55 a.m..

Batt O’Keeffe T.D.

Chairman

5 July 2001

Joint Committee on Health and Children

Proceedings of the Joint Committee

5 July 2001

The meeting was held in private session.

Joint Committee on Health and Children

Proceedings of the Joint Committee

11 July 2001

The meeting was held in private session.

Joint Committee on Health and Children

Proceedings of the Joint Committee

24 July 2001

The meeting was held in private session.

Joint Committee on Health and Children

Proceedings of the Joint Committee

31 July 2001

1.The Joint Committee met in public session at 12 p.m.in Committee Room 3, LH2000.

2.Attendance

The following Members were present:-

Deputies Batt O’Keeffe (in the chair), Paul Connaughton, John Dennehy, John Gormley, Cecilia Keaveney, Liz McManus, Gay Mitchell and Dan Neville.

Senators John Connor*, Paul Coughlan**, Dermot Fitzpatrick, Camillus Glynn, Mary Jackman and Pat Moylan.

Apologies were received from Deputy Bernard Allen and Deputy Brendan Kenneally.

3.Minutes

The minutes of the meeting held on 24th July 2001 were agreed and signed by the Chairman

4.Correspondence

The Chairman referred to a number of items of correspondence circulated with the agenda

•a letter from Dr. Bredin of Cork University Hospital concerning the use of the BCG vaccine and the fact that it does not protect against TB. It was agreed to refer this letter to the Minister for Health.

•a letter from Ms. Shiela Martin, secretary of the Louth Meath Health Group, expressing grave concern that details of private meetings between the Committee, Patient Focus and the NEHB regarding the practice of obstetrics and gynaecology at Our Lady of Lourdes Maternity Unit appeared in the national press. The Committee noted the concerns expressed in the letter.

The Committee also noted receipt of correspondence received from Mr. Jim Smyth on the vaccination issue, and from the Fluoride Free Water Group.

2.Presentation by the VHI

The Chairman welcomed to the meeting a delegation from the VHI

•Vincent Sheridan - CEO

•John Looney - Secretary/Financial Director

•Dr. Bernadette Carr - Medical Director

•Tony McSweeney - Sales Director

The VHI had been invited to the meeting to discuss their recent request to the Minister for a 9% increase in premiums, which followed an increase earlier this year.

The presentation was followed by a question and answer session.

It was agreed to defer a decision as to whether the Committee should request the Dail and Seanad to refer the issue of the VHI premium increase to the Competition Authority or the C&AG until the next meeting.

5.Any Other Business

There being no other business, the Committee adjourned at 1.56 p.m.

Batt O’Keeffe T.D.

Chairman

25 October 2001

Joint Committee on Health and Children

Proceedings of the Joint Committee

25 October 2001

The meeting was held in private session.

Joint Committee on Health and Children

Proceedings of the Joint Committee

8 November 2001

1.The Joint Committee met at 9.30a.m. in Committee Room 3, LH2000.

2.Attendance

The following Members were present:-

Also in attendance: Deputy Billy Kelleher.

Apologies were received from Senators Mary Jackman and Kathleen O’Meara.

3.In private session

4.In private session

5.In private session

6.In private session

7.Orthodontic services for Children: Presentations by the Dept. of Health and Children and the Health Boards

The Chairman welcomed the following to the meeting:

Mr. Tom Mooney and Dr. Gerard Gavin (Dept of Health and Children),

Mr. Pat McLoughlin and Dr. Brian Burke (Eastern Regional Health Authority),

Mr. Pat Gaughan (North Western Health Board),

Mr. John O’Brien and Mr. Ted McNamara (Mid-Western Health Board),

Mr. Tony McNamara (Southern Health Board), _Dr. Mary Hynes (Western Health Board),

Mr. Richard Dooley (South-Eastern Health Board),

Dr. Dan O’Meara and Mr David Hegarty (Midland Health Board)

Dr. Ambrose McLoughlin (North Eastern Health Board)

The representatives of the Dept. of Health and Children and of the Health Boards then made presentations to the Committee on Orthodontic Services for Children. The representatives responded to questions raised by Members.

8.Any Other Business

There being no other business, the Committee adjourned at 12.23p.m.

Batt O’Keeffe T.D.

Chairman

22 November 2001

Joint Committee on Health and Children

Proceedings of the Joint Committee

22 November 2001

1.The Joint Committee met at 9.30a.m. in Committee Room 2,LH2000.

2.Attendance

The following Members were present:-

3.Minutes

The minutes of the meeting of 8th November 2001 were agreed and signed by the Chairman.

4.Correspondence

The Committee noted the following correspondence which had been circulated in advance of the meeting –

•A re-budget submission from the Child Poverty Initiative

•A letter from the Department of Health & Children regarding the appointment of a Senior Counsel to consider and report on matters outside the scope of the Lindsay Tribunal.

3.Orthodontic services for Children: Presentations by the Dental Council and the Royal College of Surgeons in Ireland.

The Chairman welcomed the following to the meeting:

•from the Dental Council

•Mr. Joe Le Masney, President

•Brian Murray, Vice President

•Professor Robert McConnell, Chair of Education Committee

•Mr. Tom Farren, Registrar

•From the Royal College of Surgeons in Ireland

•Dr Peter Cowan, Dean, Faculty of Dentistry

•Dr Denis Field, Consultant Orthodontist, Dental School, NUI Cork.

The representatives of the Dental Council and the Royal College of Surgeons in Ireland then made presentations to the Committee on Orthodontic Services for Children. The presentations were followed by a question and answer session.

3.Any Other Business

There being no other business, the Committee adjourned at 10.50a.m.

Batt O’Keeffe T.D.

Chairman

6 December 2001

APPENDIX 6

Oireachtas Committee on Health and Children

Work Programme 2002

Introduction

In accordance with Standing Order 79A(4) of the Standing Orders relative to Public Business of Dáil Éireann and Standing Order 69(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 7 February 2002.

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 Committee 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 practitioners.

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

♦Further consideration of issues relating to health and smoking.

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

♦Provision of orthodontic services

♦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

♦Current vaccination policy and practices, poor take-up rates and public concerns about the risks and adverse effects

♦Underage drinking.

Water Fluoridation

♦Benefits of the water fluoridation process and the public concerns about possible risks and side effects.

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.

* In substitution for Deputy G.V. Wright

** In substitution for Senator Jackman for part of meeting

*** In substitution for Senator Moylan for part of meeting.

* In substitution for Deputy Paul Bradford.

* In substitution for Senator Glynn.

* In substitution for Senator Mary Jackman for part of meeting.

** In substitution for Senator Kathleen O’Meara.