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Order of Business (26 Mar 2013)

Billy Kelleher: The Taoiseach is going into banks. It is important to get clarity on whether it is the credit review office or the Taoiseach's office-----

Order of Business (26 Mar 2013)

Billy Kelleher: -----that reviews credit refusals by banks.

Order of Business (26 Mar 2013)

Billy Kelleher: The Taoiseach might send me his constituency clinic address.

Retention of Newborn Screening Cards Bill 2013: First Stage (26 Mar 2013)

Billy Kelleher: I move:That leave be granted to introduce a Bill entitled an Act in the public interest, to amend the Data Protection Act 1988, as amended by the Data Protection Act 2003, to provide for the retention of newborn screening cards, and certain related matters.

Retention of Newborn Screening Cards Bill 2013: First Stage (26 Mar 2013)

Billy Kelleher: I move: "That the Bill be taken in Private Members' time."

Health (Alteration of Criteria for Eligibility) Bill 2013: Committee and Remaining Stages (26 Mar 2013)

Billy Kelleher: This is flawed legislation in terms of commitments made in the programme for Government. One could re-name the Bill the health (alteration of the programme for Government) Bill because it is not reflective. In the programme for Government the Government stated it would deal with the related problem of legislation being shunted through at high speed. Dáil Standing Orders provide for a...

Health (Alteration of Criteria for Eligibility) Bill 2013: Committee and Remaining Stages (26 Mar 2013)

Billy Kelleher: I understand that. We have had no discussion on the broader context of the legislation outside the Chamber. We have had Second Stage and are now on Committee Stage, but the difficulty is that no stakeholders have been consulted and there has been no opportunity for anyone other than elected representatives, including advocacy groups and those who advocate for and represent older people, to...

Health (Alteration of Criteria for Eligibility) Bill 2013: Committee and Remaining Stages (26 Mar 2013)

Billy Kelleher: We have concerns with regard to the criteria for assessing eligibility. We are concerned that in moving to a situation where eligibility is assessed based on the consumer price index and an assessment of gross limit incomes and all that flows from that, with no referral back for parliamentary scrutiny, this will undermine the ability of this Chamber to hold the Department to account with...

Health (Alteration of Criteria for Eligibility) Bill 2013: Committee and Remaining Stages (26 Mar 2013)

Billy Kelleher: I must be confused. I have read the Bill and the explanatory memorandum. Section 3 provides for the amendment of section 45A of the Health Act. The memorandum states: Subsection 45A(4) will be amended to provide for a decrease in gross income limits in addition to the existing provision to increase gross income limits. The limits are reviewed annually by the Minister for Health and may...

Health (Alteration of Criteria for Eligibility) Bill 2013: Committee and Remaining Stages (26 Mar 2013)

Billy Kelleher: I do not think it is. If one examines the legislation in detail, one will see that it leaves some wriggle room. I do not believe there is enough strength of purpose in this Bill and in the 1970 Act to protect the right to entitlements. They should not be withdrawn without being subjected to democratic accountability in the Oireachtas.

Health (Alteration of Criteria for Eligibility) Bill 2013: Committee and Remaining Stages (26 Mar 2013)

Billy Kelleher: I accept that.

Health (Alteration of Criteria for Eligibility) Bill 2013: Committee and Remaining Stages (26 Mar 2013)

Billy Kelleher: For clarification, section 4(2) states: "The Minister may by regulations provide for the making and determination of appeals under this section." What regulations are being referred to? Are these regulations in the 1970 Act?

Health (Alteration of Criteria for Eligibility) Bill 2013: Committee and Remaining Stages (26 Mar 2013)

Billy Kelleher: The Minister of State cannot hear me either. The Minister may by regulations provide for the making and determination of appeals under this section. I just need clarity before I can accept this section. Are these regulations in the Health Act 1970 or the amended Act of 2008, or are they new regulations? If they are new, we are being asked to buy a pig in a poke.

Health (Alteration of Criteria for Eligibility) Bill 2013: Committee and Remaining Stages (26 Mar 2013)

Billy Kelleher: The definition of stupidity is doing the same thing over and over and expecting a different result. I sat on that side of the House and we know what happens when times are difficult and people are forced for whatever reasons to find savings. The regulations clearly should be part and parcel of what we are doing, or there should be some mechanism for absolute accountability. This section...

Health (Alteration of Criteria for Eligibility) Bill 2013: Committee and Remaining Stages (26 Mar 2013)

Billy Kelleher: That is exactly the issue. It gives the Minister powers with regard to the process, and the regulations have not been published. A person who feels he or she is entitled to or eligible for a medical card makes an application. If it is refused, the person has the right to appeal. The difficulty here is that there is no specified time for assessment of the appeal if the Minister may by...

Health (Alteration of Criteria for Eligibility) Bill 2013: Committee and Remaining Stages (26 Mar 2013)

Billy Kelleher: In the case of social welfare appeals, people are waiting 18 months for decisions on disability assessments on appeal. In my view, the provision is an attempt to save money. A certain percentage of successful appeals will mean a cost to the Exchequer. I am concerned that this provision is open-ended. Neither the substantive 1970 Act nor the amended 2008 Act contains a provision that the...

Health (Alteration of Criteria for Eligibility) Bill 2013: Committee and Remaining Stages (26 Mar 2013)

Billy Kelleher: I do not doubt the ability of the Minister of State. However, in the event that the Minister was not as capable as Deputy White, the regulations would not force the HSE to make decisions within a defined period of time.

Health (Alteration of Criteria for Eligibility) Bill 2013: Committee and Remaining Stages (26 Mar 2013)

Billy Kelleher: On the same issue, the reason I referred to other Departments and State agencies is that this has happened previously. As Deputy Colreavy has rightly pointed out, a major issue of concern was the situation for returning Irish citizens who were unable to qualify for social welfare payments because of the guidelines laid down and interpreted by the Department of Social Protection and its...

Health (Alteration of Criteria for Eligibility) Bill 2013: Committee and Remaining Stages (26 Mar 2013)

Billy Kelleher: I do not like to labour a point either but we have had form in this area before. Irish citizens who were abroad for just a number of years and came home of their own volition or because things did not work out in their new home and encountered the difficulty on return to Ireland that they were ineligible for many social welfare payments. My concern is that the guidelines the Minister issues...

Health (Alteration of Criteria for Eligibility) Bill 2013: Committee and Remaining Stages (26 Mar 2013)

Billy Kelleher: That it was done does not necessarily mean it was right. It happened in the context of social welfare. I sat on the other side of the House and voted for it. I voted for something that caused great distress and hardship to people when they returned to Ireland and found that after only a few years away they could not qualify for any social welfare payments. We had to beg and borrow and...

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