Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

On Committee Stage, I committed to table an amendment on Report Stage to include provision for a review, so I think this amendment is superseded by my amendment committing to a review after the two years.

The amending provision I am putting in today introduces the fact the Minister shall initiate a review of the operation of the Act no later than two years from the date of commencement. This provision closely mirrors those in other existing health Acts, like the Health (Termination of Pregnancy) Act 2018. Two years are required to allow sufficient time for the provisions of the Act to become embedded within the health sector, allowing for initial learnings to be assimilated from the experience of the various organisations that are carrying out its implementation. The amendment will also make provision for the Minister to consult widely while carrying out a review, engaging with any person, body or organisation, including any appropriate Minister of the Government, having regard to their work or function. This enshrines in statute a robust basis for ensuring that any review is carried out extensively and widely. The scope of the review will be the operation of the Act throughout the health sector. Many other Acts have such a review provision included and it is a good idea. I am essentially agreeing with the Deputy’s amendment but bringing in my own one, which is broadly the same.

The amendment specifically references the Independent Patient Safety Council, providing advice and guidance to the Minister from a broad range of perspectives. It was originally appointed by the then Minister for Health in 2019. The broad range of perspectives in patient safety policy provided by the council include the patient and service user perspective. The council is chaired by Noeline Blackwell, CEO of the Dublin Rape Crisis Centre, and does not have a statutory footing. The Deputy’s amendment stipulates that the Independent Patient Safety Council would provide an annual report to the Minister, which would contain a review of the operation of the Act. It would not be appropriate to put the advisory body in a review of legislation. It is common practice that this is a function of the Minister as provided, for example, in the Disability Act 2005, and the Health (Termination of Pregnancy) Act 2018. However, under the amendment I will be introducing, provision will be made for the Minister for Health to consult widely on the operation of the Act.

We do not want to refer to a non-statutory body within the legislation but I can confirm to the Deputy and colleagues that in the same way we approached the termination of pregnancy review, it will be a wide consultation and we will engage with patients, clinicians and a variety of other stakeholders that are involved.

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