Dáil debates

Tuesday, 15 October 2019

Health and Childcare Support (Miscellaneous Provisions) Bill 2019 [Seanad]: Second Stage

 

8:00 pm

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

Nothing would give me more pleasure than to spend all evening debating what Fianna Fáil failed to get from its budget negotiations, but that is not what we are here to discuss. I want to be as constructive as I can in the few words I have to say on this matter. As the Minister will be aware, I am proud to speak as a member of an all-island, 32-county party. We have supported the Government's position on Brexit and related matters. At every opportunity, we have given credit where it has been due. For some time, Sinn Féin has called for a solution to be achieved between the Irish Government and the EU on the availability of the EHIC for people in the North. We have been pushing for this continuously. In fairness, this Bill is proof that the Government has been listening. While it does not go as far as we would like, we recognise it as a step.

We welcomed the Government's announcement that it would be issuing EHICs to people in the North. This decision was very much welcomed by people in the North, who are at the business end of this matter. When the announcement about the EHICs was made, people across the North contacted Sinn Féin representatives across the Six Counties to get more details. This is one of the benefits of Sinn Féin's status as a genuinely 32-county party. In July of this year, the Government published a contingency action plan update, which gave the people of the North an express commitment that they would have access to the EHIC. This was written confirmation of what had already been committed to by many Ministers in the previous year. As the details became clear last Monday morning, like many others I was disappointed to learn that the Government had decided to proceed with a reimbursement scheme rather than an actual extension of the EHIC. The Committee Stage amendments I have proposed would seek to rectify this. Our disappointment was compounded by our knowledge that the Government had committed over recent weeks and months to extend the EHIC to people post Brexit.

We cannot fail to notice the ticking clock on RTÉ as Brexit approaches. We are all very focused on when this legislation may be needed. Of course we hope it will not be required. We need to be prepared. Last week, the Minister told the Seanad:

The initial point we would all have liked to arrive at was a point where one could effectively replicate the EHIC card. For a variety of reasons, including extensive engagement with many different stakeholders, legal advice, the European Commission and, most crucially, the very short timeframe between now and a potential no-deal Brexit on 31 October, we took the decision to go with this version [rather than the extension of an actual EHIC] because we felt it was most important to have a workable scheme in place within that timeframe.

It is hard to disagree with that logic. I ask the Minister to outline the nature of the legal advice he has received. What has the Commission said to entail the replacement of a like-for-like swap of EHICs by a new system that is underwritten by the State? It is convenient to use Brexit as an excuse for everything. Brexit has been going on for a while. I appreciate that time is tight now, but time has not been tight for the past few years, when we had an opportunity to debate this matter. Given that this has gone on for a while, it is a bit of a stretch to say that there is a tight timeframe. We know there is pressure on us with regard to Brexit. We have worked with the Government every step of the way to pass legislation to protect the citizens on this island. It appears to me that the tight timeframe is of the Government's own making.

When the review of this legislation has been completed, I ask the Government to have a longer look at it, rather than being surprised when it runs out of time. The benefits of the EHIC, as opposed to a reimbursement scheme, should be examined. The card is a good scheme. People know how beneficial it is. It allows someone who is on a holiday or a short-term stay to access healthcare in another EU or EEA country without charge. Most people who are travelling will say that having an EHIC gives them great peace of mind. They know that if they need a doctor or if they have an emergency, their EHIC will be there to cover them. The loss of this very important card has been a very serious worry for people in the North since the Brexit vote. We can imagine how reassuring it was for them to get the commitment I have mentioned. The change of direction that involves establishing a reimbursement scheme instead of giving EHICs to people in the North is disappointing. I hope the Minister will explain this evening why they did not get what they were initially promised. This situation is creating practical problems for people who might not be able to pay medical bills in the first instance. It is simply a fact that there are people who might not have the means to pay such bills. They could be left waiting. They are very worried.

It is regrettable that the Government has not fully kept its word on this matter. With that in mind, I have tabled amendments to rectify the problem. My proposals would save the State the expense of a cumbersome reimbursement scheme, the operation of which will be more expensive than a like-for-like swap.

I have submitted two other amendments that pertain to the Childcare Support Act 2018. This Bill provides for British citizens to be able to access the national childcare scheme on the same basis as Irish citizens. This subject is in the news at the moment. It is a very current subject. I hope the Minister will be able to tell me whether the insertion of the phrase "British citizen" immediately presupposes that Irish citizens in the North are British citizens to be assessed in that manner after Brexit. Perhaps the Minister will use his time at the end of Second Stage to explain that. I believe the Bill could differentiate between British citizens, Irish citizens ordinarily resident in the North and British citizens ordinarily resident in the North. The Constitution tells us, "It is the entitlement and birthright of every person born in the island of Ireland .... to be part of the Irish Nation", and to identify as Irish. In light of the recent DeSouza judgment, it would be very helpful if this could be clarified on behalf of the Government. The authorities across the water are trying to deny that Irish people in the North are Irish. For the avoidance of any doubt, they are as Irish as me or the Minister. It is nonsense to suggest otherwise. We certainly will not stand for it. Neither the Minister and the Government should stand for it.

I will conclude by calling again for some clarity. I repeat that we should schedule some time for a debate on what Fianna Fáil failed to get in the budget negotiations. I would very much enjoy such a debate. I would play my part in it. However, we are here to discuss the Health and Childcare Support (Miscellaneous Provisions) Bill 2019.

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