Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I have two questions, but I wish to make a point before asking them. The Minister for Health, Deputy Harris, stated unequivocally that the current healthcare arrangements between the United Kingdom and Ireland would remain in place no matter what. That is what I heard and he is nodding in confirmation. I hope that is true, but it is a very brave thing to say. For example, the treatment abroad scheme is not an Ireland-UK arrangement but an EU programme. Can it not be the case that there is a Brexit in which the United Kingdom is no longer in the EU programme? How can we guarantee that whatever agreements are in place based on an EU programme that many Irish citizens use, under no circumstances will they not be available in the future? If that is the level of insight and foresight the Minister has, that is fantastic, but I would be very surprised if that was the case.

It is entirely possible that the United Kingdom will change regulations post Brexit. In fact, its parliament has stated repeatedly that it will be changing regulations in a variety of areas. If the United Kingdom were to change regulations on product safety for pharmaceutical and medical products, procedures and protocols for procedures, import and export protocols and professional qualifications, be it for consultants, nurses, midwives, physiotherapists, radiographers and the gamut of healthcare professionals, it is possible and quite likely that some combinations of qualifications, medicines, procedures, protocols, check backs, audits and so forth implemented in the United Kingdom would no longer be recognised by the European Union. Regardless of what happens or what changes the United Kingdom makes to its regulations, procedures, training, qualifications and so forth and even where the European Union states it no longer accepts a procedure or particular professional qualification and that while a particular drug is regulated for use for a certain purpose in the United Kingdom, the European Medicines Agency has not signed off on it and it is not useable here, the Minister has made a definitive statement that post Brexit no services will be impacted on in any way. That is great if it is true, but it does not sound right. He did not give a caveat in any way. Is there a caveat in that statement? If it is true, that is fantastic, but I do not see how the Minister can make such statements at this point.

The Minister has stated the consent of the Ministers for Finance and Public Expenditure and Reform will be needed is the legal advice he received. Of course, there is nothing conventional or established about the legislation we are considering. Putting aside the constitutional question about the Dáil which is an important one to be resolved, if the sitting Minister for Health must make a decision on a change to regulations for the training of radiographers in Northern Ireland, for example, or the de-listing of a particular anaesthetic used in the NHS, why would that Minister ever need to ask the Minister for Finance for permission? To me, that sounds as if the Minister should also ask the Minister for Transport, Tourism and Sport or the Minister for Culture, Heritage and the Gaeltacht. The Minister for Finance has no role in dealing with such detailed regulatory issues. Why would the Minister need consent from the Minister for Finance before making any change to arrangements or regulations in maintaining the status quoin healthcare?

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