Simon Harris (Wicklow, Fine Gael) | Oireachtas source

On Deputy Donnelly's amendments, I am following the legal advice of the Office of the Parliamentary Counsel. Although I take the Deputy's point, some of the examples that he used are probably not issues for the Minister of the day. For example, the delisting of a drug would be a matter for the Health Products Regulatory Authority, while the changes of qualifications would be a matter for the independent regulatory bodies. The issues that I or any of my successors will deal with will be issues that will ultimately result in various charges on the State or the issue of reimbursement, hence the involvement of the Minister for Finance and for Public Expenditure and Reform. While I note the Deputy's concern about the wording of the Bill, I am reluctant to deviate in the light of the legal advice.

On Deputy Bríd Smith's question about abortion and women from Northern Ireland, it was not my decision not to discuss the issue in the House but rather the amendment was ruled out of order. I have frequently discussed the matter on the floor of the House, usually with Deputy O'Reilly, and I am happy to do so again. Separate to the Bill, I am seeking the advice of the Attorney General as to how we might address the matter. I have certainly not given up on addressing the matter in any manner or means but, according to the House, this Bill is not the best vehicle for pursuing it.

My colleague, the Tánaiste answered Deputy Howlin's question. The Bill is about the Minister of the day having the powers to preserve the status quorather than making new and future arrangements above and beyond that. The extract from the Bill which the Tánaiste read into the record is clear in that regard.

To respond to the reaction to what I said about cross-Border services continuing, I made the comments because I have listened carefully to many members of the public calling radio programmes and commenting in the media. In particular, I remember two parents living in Northern Ireland, whose son had his first life-saving heart operation in Crumlin hospital and is due to have another shortly, ask on the radio whether their son will be able to have the operation post Brexit. I also have heard people from County Donegal ask whether they will be able to go Altnagelvin hospital for their radiotherapy. I want our patients and citizens to know that the answer is "Yes". When I met representatives from the HSE and asked whether they were aware of any cross-Border service in place today that will not be in place post Brexit, their answer was "No". That is very different from suggesting that things may not be done in a different way or, as Deputy Donnelly has rightly pointed out, that the reciprocal arrangements we put in place may be different in their modality but the same in their impact on our patients, which is what we are trying to achieve in the Bill. Where there is an existing service, whether it is in place due to the common travel area or due to European law, the question is how can we ensure that service continues to be provided. My comments were based on the idea that services provided today will be able to be provided post Brexit. I do not mean to speak for the British Government but it is its clear and publically articulated position; it is certainly the position of the Irish Government and I know it is the position of all Deputies.

On Deputy Naughten's questions, the legislation should be seen through the prism of being emergency measures in the context of a no-deal Brexit. Based on Brexit discussions, one would presume that we will find ourselves in a place where we are having a discussion about future relationships and how the UK interacts with the EU and so on post Brexit. How future relationships will continue to evolve, therefore, is a question for another day, but these are emergency measures in place to fill any such gap. The Deputy asked an important question about the cost for the health service of treating a patient, and the answer is that he or she would be treated as though it was the cost for a UK citizen. We will recognise each other as though we were from the other country, which is an important development. On the issue of the cross-Border directive and any successors in that regard, I am informed by my officials that it is not done on the basis of citizenship but rather it depends on whether one works in that state or receives a pension in that state. The Deputy used an example of a Polish person living in Northern Ireland. If he or she works in Northern Ireland or in the Republic of Ireland, or if he or she is in receipt of a pension in Northern Ireland or the Republic of Ireland, he or she will qualify.

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