James Reilly (Dublin North, Fine Gael) | Oireachtas source

I thank the Deputy and while I share the sentiment, as I explained on Committee State, the previous risk equalisation scheme in 2003 was mainly set out in regulations. The new scheme, including rates for risk-equalisation credits and stamp-duty levies are strengthened in future by being set in primary legislation. The Houses will have ample opportunity to discuss amendments now and in the future. To put it another way, the Bill puts all these things that were in regulations into primary legislation, which makes them much more robust. They cannot be challenged in the courts in the way that regulations can be. As I will not be making regulations to provide for a risk-equalisation scheme in the future, these subsections are no longer valid.

As I explained in my Second Stage contribution, I will make regulations to deal with the administration of the scheme, rather than the scheme itself, as provided for in the Bill. The regulations, which will not be introduced until the Bill is passed, under section 11F will include, for example, the making and determination of claims. The other set of regulations to be made by the Health Insurance Authority under section 11E will allow for the categorisation of products.

See this speech in context