Brendan Howlin (Wexford, Labour) | Oireachtas source

The Tánaiste helpfully quoted from the new section 75A(1) in Part 2 of the Bill, which, as he noted, concerns maintaining the status quo. It states, "The Minister may, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, make such order or orders as he or she considers necessary to continue in being or carry out any reciprocal or other arrangements in relation to health services". The phrase, "continue in being" is the operative phrase in respect of the status quo. The part I referred to in my contributions both on Second Stage and in my contribution earlier today was a later part of the same proposed new Part IVA. It is section 75B, which is headed "Regulations to give full effect to this Part". On page 12 of the Bill, section 75B(2)(c) states that the regulations made by the Minister for Health under subsection (1) may "make such adaptations and modifications to the Health Acts 1947to 2019or any regulations made under those Acts as the Minister considers necessary for the purpose of bringing those Acts or regulations into conformity with this Part." It is a debatable point but, prima facie, it gives authority to the Minister to amend the law under that section.

The Tánaiste is telling me that it is in the shadow of the first Part, which states that it can only be by way of maintaining the status quo. If that is the understanding of the Tánaiste, I am happy to leave it at that if that has been fully tested. The Tánaiste might answer my other question about the memorandum of understanding. When will we have sight of it so that we can look at it and ensure, to our satisfaction, that all of the rights that we understand are available to Irish citizens in the UK now and to UK citizens here will be maintained in an enduring way?

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