MINUTES OF PROCEEDINGS OF THE HEALTH, SOCIAL SERVICES AND PUBLIC SAFETY COMMITTEE
AT 2:00 PM ON WEDNESDAY, 22 MAY 2002
IN ROOM 135, PARLIAMENT BUILDINGS

Present: Dr J Hendron (Chairman)
Mr P Berry
Rev R Coulter
Mr J Kelly
Ms M McWilliams
Ms S Ramsey
Mrs I Robinson

Apologies: Mrs P Armitage
Mrs A Courtney
Mr T Gallagher (Deputy Chairman)
Mr T Hamilton

In Attendance: Mr P Hughes (Committee Clerk)
Mr D Harkin (Assistant Clerk)
Mr D Gordon (Executive Support)
Ms L Dempster (Administrative Support)
Mr B Greene (Administrative Support)

Dr Hendron took the Chair at 2:06 pm.

Private Session

1. Chairman's Opening Remarks

i. The Chairman reported briefly on the recent visit to the Mid-Ulster Hospital, where senior medical staff had stressed the importance of having an urgent decision on the future of the hospital following the Hayes Review, if staff recruitment and retention problems were to be addressed. There was general acceptance among the staff that the profile of A&E would have to change and that the hospital's future was as an elective facility with day care surgery and a minor injuries unit.

ii. The Chairman reported on the informal meeting yesterday with administrative staff of the Eastern Multifund, who had expressed deep concern about their prospects for finding new employment in the health service after their current contracts are terminated in June. There was considerable disquiet about the effectiveness of the Staff Redeployment Unit in finding vacancies for those administrative staff formerly employed under the GP fundholding arrangements.

Members acknowledged the potential, in the long term, for adverse staffing implications as a consequence of the review of public administration and any subsequent streamlining of the health service. However, the Committee were very appreciative of the plight of administrative staff, who are faced with redundancy, given the Department's previous assurances that every step would be taken to avoid redundancies in the wake of the new primary care arrangements.

Agreed: The Chairman will write to the Minister and the Chief Executive of the Eastern HSS Board to highlight the concerns raised. In light of a clear indication by the Minister at a previous meeting with the Committee that administrative staff employed under GP fundholding arrangements would be re-absorbed within the system, clarification will be sought on what steps are being taken to ensure that those affected are suitably redeployed within the health service.

[2.20 pm]

Public Session

2. Minutes of Proceedings

The minutes of the meeting of Tuesday, 14 May 2002 were agreed.

3. Matters Arising

The Departmental response to the Committee query about the distinction in terms of medical provision between the specialist forensic service to be provided at the Regional Secure Unit based at Knockbracken and the specialist psychiatric unit at Muckamore Abbey Hospital has been copied to members.

4. Subordinate Legislation

i. Meat (Hazard Analysis and Critical Control Point) Regulations (Northern Ireland) 2002

Agreed: That the Health, Social Services and Public Safety Committee is content with the Department's proposal for Meat (Hazard Analysis and Critical Control Point) Regulations (Northern Ireland) 2002.

ii. General Medical Services (Amendment) Regulations (Northern Ireland) 2002

Agreed: That the Health, Social Services and Public Safety is content with the Department's proposal for General Medical Services (Amendment) Regulations (Northern Ireland) 2002.

Rev R Coulter joined the meeting at 2.25 pm.

[2.25pm]

5. Health and Personal Social Services Bill: Committee Stage

Clause 1- Charges for Nursing Care

Departmental Official: Mr Peter Deazley

Mr Deazley advised that the report on the professional assessment tool and the proposed payment system had been passed to the Minister for approval. He explained that the document on the assessment tool, which had been taken forward by professionals and had only recently been received by the Department, was substantial and would take time to digest.

Members expressed deep concern that, even at such a late stage in the Committee's consideration of the Bill, such major pieces of information were still not available. The Committee underlined its expectation that all the relevant material should have been made available in parallel with the legislation, to facilitate the Committee Stage of the Bill within the set timescale.

Agreed: The Committee agreed to defer further consideration of the Bill until a later date, when the Department would endeavour to make the outstanding information available. The Clerk will consult members with regard to the possible scheduling of an additional meeting, in order to meet the deadline of 07 June for the Committee Stage of the Bill.

The entire proceedings are recorded separately in verbatim minutes of evidence.

[2.35pm]

6. Children (Leaving Care) Bill: Committee Stage

Assembly Researcher: Mr Rab McConaghy

Mr McConaghy presented the Research Services paper on the Bill, which gave the background to and rationale for the new legislation. The following is a summary of the main provisions of the Bill, which parallels what is happening in England and Wales:

o The Bill aims to improve the life chances of young people who are looked after by HSS Trusts as they make the transition to independent living. It aims to ensure that young people should not leave care until they are ready to do so; to improve the assessment, preparation and planning for leaving care; to provide better personal support for young people after leaving care; and to improve the financial arrangements for care leavers.

o The Bill places a new duty on HSS Trusts to assess and meet the needs of eligible 16 and 17 year olds who remain in care or those who have left care. It also requires HSS Trusts to keep in touch with young people who have left care, in order to ensure that they receive the support to which they are entitled. The duty will run until the young person reaches 21, or later if he or she is still receiving help from a Trust with education or training.

o The Bill requires HSS Trusts to provide a personal adviser and a pathway plan for all eligible young people. The personal adviser will provide a single point of contact for a young person. He will be responsible for overseeing the pathway plan that will help to make the difficult transition to independent living, and for ensuring that the young person receives support in a co-ordinated and accessible way.

o The Bill simplifies the arrangements for the financial support of 16 and 17 year olds leaving care. It places HSS Trusts under a statutory duty to support these care leavers while at the same time removing entitlement to Income Support, Housing Benefit or means-tested Jobseeker's Allowance. The resources currently deployed by the Department for Social Development in relation to means-tested benefits for 16-17 year old care leavers will be transferred to the Department of Health, Social Services and Public Safety to help support these young people more effectively.

Detailed guidance would follow the passing of the Bill by way of the Regulations, which would address basic provisions in the legislation. Such guidance, which would be subject to consultation, would include the prescribed period for which an eligible child must have been in care, needs assessment pathway plans, and the functions of the personal advisers.

While the consultation process indicated generally positive feedback on the Bill, there has been some criticism of how the new system has been operating in England and Wales. For example, there is concern as to how a Trust's obligation to "keeping in touch" as specified in the legislation will operate in practice, and how rigorously that will be applied.

In relation to clause 6, concern was raised during the consultation process as to how consistency of approach across different Trust areas could be achieved, to ensure equality of treatment for all young people. There was also concern about whether the withdrawal of social security benefits would negate a young person's entitlement to, for example, free prescriptions and national insurance credits.

Departmental Officials: Mr John Clarke
Mr David McGowan
Ms Marion Reynolds

Mr Clarke confirmed that the intention of the Bill was to firm up the existing provision for leaving and aftercare services in Article 35 of the Children Order.
He advised that clause 1 required Trusts to carry out an assessment of the needs of each eligible child in preparation for their leaving care. Pathway plans through the Trusts would cover education, training and career plans to enable the young person achieve their full potential.

Mr Clarke acknowledged the divergence of views in relation to the entitlement to state benefits for 16 and 17 year olds. He stated that the intention was for support for young people to be co-ordinated through a single channel that would address their particular needs.

Mr Clarke stated that the leaving care arrangements need to form part of a wider strategy, and he referred to the Quality Protects initiative in England and Wales. Some £500,000 out of a total of £1.5m made available in the current year to help implement the legislative requirements in relation to child and family care services is earmarked for this area. He undertook to provide an estimate of the projected funding requirement of the leaving care arrangements over the next three years.
The Committee underlined the importance of having the relevant details, in order to lend its support to the Budget bid as part of the comprehensive spending review.

Evidence from submissions suggested that the role of personal advisers would be complex and demanding, which would require detailed planning by the Trusts in terms of providing the necessary support.

Mr Clarke advised that the Bill formed the basic framework for the leaving care arrangements and that representatives from the Trusts and voluntary sector would have an input into the regulations setting out the detail for its implementation.

The Clerk will consult members with a view to scheduling a number of additional evidence sessions, in order to meet the 26 June deadline for completion of the Committee Stage of the Bill.

The entire proceedings are recorded separately in verbatim minutes of evidence.

Ms Ramsey left the meeting at 3.40 pm and returned at 3.57 pm.

[3.50 pm]

7. Presentation by the Food Safety Promotion Board (FSPB)

Witnesses: Mr Martin Higgins, Chief Executive
Dr Thomas Quigley, Chief Scientific Officer
Mr Bertie Kerr, Chairman of Advisory Board

Mr Higgins gave a brief outline of the FSPB's remit and some of its recent initiatives in relation to marketing and communication. The Board's functions are as follows:

• To promote food safety as a responsibility shared by the entire food chain
• Promoting, commissioning and funding research
• Ensuring the communication of food alerts
• Advancing foodborne disease surveillance
• Promoting scientific co-operation and laboratory linkages
• Developing an all-island strategy for specialized laboratory services
• Provision of independent science-based assessment of the food supply

The Board has no remit in relation to the enforcement of food regulations, which is the responsibility of the Food Standards Agency in Northern Ireland.

The Board works in partnership with a number of agencies, including the Health Promotion Agency, on issues related to diet and nutrition, in order to protect public health. It operates across three directorates: marketing and communications; scientific and technical; and corporate services.

• A number of advertisements have been run, complemented by seasonal campaigns and accompanying leaflets, which were distributed through district councils. The "calamity kitchen" event staged at the Balmoral Show will be rolled out across Northern Ireland during Food Safety Week in June.
• The Board regularly briefs journalists on emerging food issues and the content of reports published. It has developed a consultation document aimed at schools to identify the needs of students on food safety and nutrition.
• The Board has been running a joint food hygiene campaign since March 2002 for caterers in conjunction with the Food Standards Agency.

Dr Quigley updated the Committee on the scientific work of the FSPB. The Board has a research programme that involves directly commissioning research in urgent areas, focusing research calls on specific areas, and developing research networks. (A cryptosporidium network is currently being established at the University of Ulster.)

As the level of scientific co-operation is quite fragmented on the island of Ireland, the Board is working proactively to encourage staff in laboratories to interact and share information, to identify priorities and gaps in routine food control operations. The first edition of an all-island Directory of Food Safety Laboratory Services will be published in June 2002. A strategy for the development of a food safety Information Network is being formulated for completion in the summer.

A Food and Nutrition Forum is being developed to devise a co-ordinated all-island food and nutrition strategy. Each month, approximately four articles on general nutrition issues are written by the Board and sent to the regional newspapers.

In relation to independent scientific assessments, the Board produced a public health report last year on stimulant drinks.

Agreed: The Clerk will write to the Department to request that the Committee be included in its circulation list for publications by the Food Safety Promotion Board.

Mr Kelly left the meeting at 4.00 pm.

[4.35 pm]

8. Inquiry into Protection of Children -Terms of Reference

Agreed: The Committee considered and agreed the following terms of reference for its inquiry into the protection of children:

"To inquire into the arrangements in place in Northern Ireland to protect infants, children and young people under the age of 18 from physical, emotional and sexual abuse and neglect; and to determine if child protection services are meeting the welfare needs of children and protecting them from significant harm.

Regard will be paid to the:

• role and responsibilities of the Department of Health, Social Services and Public Safety, other relevant Departments and statutory and voluntary agencies, including area child protection committees and child protection panels;
• role of the Commissioner for Children;
• role and use of the child protection register;
• legislative context within which child protection services operate;
• resources available for those services; and
• current guidance."

The Clerk advised that the Committee could consider appointing a special adviser to provide expert, independent advice to the inquiry. In such an event, the procedure would be for the Committee to short-list and interview from a list of experts drawn up by Assembly Research Services. Committee member can also suggest additions to the list.

9. AOB

i. Agreed: In order to prioritise the legislative programme, the presentation on the handling of legislation with regard to Committee Bills and the briefing from the Food Standards Agency scheduled for next week's meeting will be postponed until a later date.

ii. Agreed: The Clerk will arrange for Officials to brief the Committee on the latest round of Executive Programme Fund bids at the meeting scheduled for 05 June 2002.

iii. Agreed: In light of the current work programme, the Clerk will liaise with his counterpart on the Social Development Committee with a view to arranging the North and West Belfast HSS Trust's presentation jointly to the Committees on a research document 'Caring through the Troubles' at a convenient date later in the year.

iv. Agreed: The Clerk will write to the Department requesting a response to the concerns raised by Down District Council about the unequal distribution of funds throughout the Eastern HSS Board, as recently identified by the Third Regional Capitation Formula. There was particular concern about indications that adjustments in funding may not be possible for a considerable period, thus compounding inequities in health service provision across the four Board areas.

v. Agreed: The Clerk will refer for the Department's response a letter from the parents of a stillborn child raising concerns about the unacceptable delay by the Royal Group of Hospitals in providing the post mortem result.

vi. Agreed: The Committee will await the publication of the report on the Human Organ Inquiry before deciding whether to invite the Department and the authors of the report to give evidence.

Ms McWilliams will raise at the Employment and Learning Committee the recent revelation by Queen's University that it had retained human tissue samples without consent. Members expressed deep concern that this was only now being made public, in spite of the fact that the Chief Medical Officer had undertaken a very public survey of human organs and tissue in February 2001.

vii. Agreed: The Clerk will arrange for Belfast Door Project to make an informal presentation to the Committee on developing services for young people at a suitable later date.

viii. Agreed: The Clerk will write in response to a letter from Friends of Montgomery House strongly supporting that organisation's offer to the Belfast City Hospital Trust to provide MRI services at Belvoir Park Hospital.

ix. The Clerk referred members to the new Committee correspondence sheet, which he proposed would be issued weekly, to facilitate members' consideration of the various items in advance of the next meeting.

10. Date and Time of the Next Meeting

An additional meeting has been scheduled for 2:00 pm on Tuesday, 28 May 2002 in the Senate Chamber, Parliament Buildings, when the Committee will take evidence from First Key and Barnardo's on the Children (Leaving Care) Bill. The normal weekly meeting will take place at 2.00 pm on Wednesday, 29 May 2002 in Room 135, Parliament Buildings.

The meeting ended at 4.55 pm.

DR J HENDRON
COMMITTEE CHAIRMAN

May 2002

14 May 2002 / Menu / 28 May 2002