Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I move amendment No. 1:

“In page 3, line 12, after “Act” to insert “(other than section 5)”.”

Amendment No. 1 is a consequential amendment required as a result of the amendment inserting the contraception provisions. Amendment No. 2 is a drafting clarification in relation to how the Health Act 1970 is referenced within the Bill. Amendment No. 3 provides that the new section, section 53C(9)(bb) of the Health Act 1970, which gives effect to the exemption from charges for acute inpatient services for children under 16, is included for reference within section 47A of the Health Act 1970. The existing section allows the Minister for Health to issue guidance in relation to the concept of a person being ordinarily resident. The amendment is now required because the exemption from such charges is available to children under 16 who are ordinarily resident within the State.

Amendment No. 4 is a drafting clarification in relation to the definition of the Health Act 1970 within the Bill. Amendment No. 5 inserts a new Part 3 into the Bill to provide for the free contraception scheme for women aged 17 to 25. The amendment also ensures that the new section 67E of the Health Act 1970, which gives effect to the contraception scheme, is included within section 47A of the Health Act 1970 that allows the Minister for Health to issue guidance in relation to the concept of a person being ordinarily resident. This is required because the scheme is available to women aged 17 to 25 who are ordinarily resident within the State.

Amendment No. 6 inserts a new section 67E into the Health Act 1970. It contains the main provisions for the free contraception scheme for women aged 17 to 25. Within this proposed new section 67E there are 11 subsections. Subsection (1) provides that the HSE will make available without charge access for women aged 17 to 25 to GPs for the purpose of accessing contraception and a prescription, for the fitting and removal of long-acting reversible contraception, LARCs, and provides that prescription contraception is available free of charge. Subsection (2) provides that a woman can choose to access the scheme in any GP who has signed up with HSE to be a scheme provider. Subsection (3) provides that free prescription contraception will be accessed via pharmacies. Subsection (4) provides that a woman who had a long-acting reversible contraception inserted before her 26th birthday can access the scheme for the purpose of having it removed, even though she might be over 25 and would therefore not otherwise be eligible.

Subsection (5) provides that the Minister, after consultation with the Minister for Public Expenditure and Reform, may make regulations to vary the age cohort eligible for the scheme. Subsection (6) provides that the age cohort cannot be extended below the age of 17 by way of regulation. However, should it be proposed by Government that the age cohort would be extended to any age below 17, we could still do that via a legislative amendment before the Oireachtas. Subsection (7) provides that the Minister, with the consent of the Minister for Public Expenditure and Reform, may set the fees to be paid to GPs and pharmacists under the scheme.

Subsection (8) provides that regulations made under subsection (7) can be prescribed different fees in relation to different cohorts of women and different scheme providers. Subsection (9) provides for general regulation-making powers. Subsection (10) provides that every regulation must be laid before the Oireachtas after it is made. Subsection (11) is a definitions section.

Amendment No. 7 contains a number of consequential amendments to the Health (Pricing and Supply of Medical Goods) Act 2013. These arise from the introduction of the free contraception scheme to provide the legislative framework for the provision of free contraception products for women age 17 to 25. Amendment No. 10 is to confirm that the contraception provisions are part of the Bill under this Title.

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