Brian Lenihan Jnr (Dublin West, Fianna Fail)

Section 9(1) states, "the Minister for Health and Children may, with the consent of the Minister for Finance, by regulation, reduce, whether by formula or otherwise, the amount or the rate of payment to be made to health professionals, or classes of health professionals, in respect of any services that they render to or on behalf of a health body from the date of the regulation." That allows for the regulation of health professionals. Section 10 extends a like power to other Ministers in respect of persons or classes of persons, which is a wider definition, and any service rendered to or on behalf of that Minister or under the aegis of the Minister. This includes any Minister other than the Minister for Health and Children because subsection (4) makes it clear that a Minister making regulations shall have all the powers enjoyed by the Minister for Health and Children under section 9. It would not be safe for the Minister for Health and Children to operate under section 10 and he or she must operate under the conditions and terms of section 9.

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