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Seanad: Health Bill 2008: Committee and Remaining Stages (12 Dec 2008)

Frances Fitzgerald: The effects of the amendment are obviously far from being administrative as the provision affects people's eligibility and whether they have a medical card and access to services. It is actually an amendment that considers what is happening to individuals and the number who will have their medical card withdrawn as the new system commences.

Seanad: Health Bill 2008: Committee and Remaining Stages (12 Dec 2008)

Frances Fitzgerald: On section 9, it is unfortunate that the Government has not been willing to accept any amendments. Some of these amendments would have proved to be very useful in the months to come and would have obviated confusion for various groups. I believe it is a very retrograde step that this legislation is coming before the House today. The Government has made five U-turns on the legislation and it...

Seanad: Health Bill 2008: Second Stage (12 Dec 2008)

Frances Fitzgerald: That is disingenuous.

Seanad: Health Bill 2008: Second Stage (12 Dec 2008)

Frances Fitzgerald: What sort of a statement is that?

Seanad: Health Bill 2008: Committee and Remaining Stages (12 Dec 2008)

Frances Fitzgerald: I wish to make a point in respect of the Short Title because a number of amendments were ruled out of order in the Dáil yesterday as they were perceived to be declaratory. I ask the Minister of State whether there has been an overnight response from the Department to this concept because a number of Members have observed that they had never seen this happen before. Will it be stated today...

Seanad: Health Bill 2008: Committee and Remaining Stages (12 Dec 2008)

Frances Fitzgerald: I move amendment No. 1: In page 3, before section 2, to insert the following new section: "PART 2 REPORTING SYSTEMS 2.—The Minister shall, on a monthly basis, lay before the Dáil a report on the number of General Practitioners that have accepted any new capitation rate in place since October 2008, or any subsequent variation to that rate.". This amendment entails the inclusion of a new...

Seanad: Health Bill 2008: Committee and Remaining Stages (12 Dec 2008)

Frances Fitzgerald: I note the Cathaoirleach's decision to take this amendment. It is interesting when compared to the attitude that was taken in the Dáil. Obviously, they are different Houses. It is important to note that this was turned down in the Dáil yesterday when people felt it would be of huge benefit to have this kind of information laid in a report before the Houses.

Seanad: Health Bill 2008: Committee and Remaining Stages (12 Dec 2008)

Frances Fitzgerald: It would bring an element of transparency to what is happening. With this major reversal of Government policy, it is important that we see how this reversal of Government policy is progressing and that we are updated on it, particularly in the new year when these changes are meant to come into effect. The number of general practitioners who sign up for this scheme will be critical to the...

Seanad: Health Bill 2008: Committee and Remaining Stages (12 Dec 2008)

Frances Fitzgerald: The Minister of State cannot take it to suggest such an indication.

Seanad: Health Bill 2008: Committee and Remaining Stages (12 Dec 2008)

Frances Fitzgerald: On the amendment, I ask the Minister of State in good faith to give the House an assurance that such information will be supplied on an ongoing basis, perhaps, as Senator Feeney suggests, to the Joint Committee on Health and Children, if the Minister of State is not in a position to agree to this amendment and ensure this information is placed before the Dáil.

Seanad: Health Bill 2008: Committee and Remaining Stages (12 Dec 2008)

Frances Fitzgerald: I move amendment No. 2: In page 3, before section 2, to insert the following new section: "2.—The Minister shall lay before the Houses of the Oireachtas a report on the implementation of the recommendations of any report prepared for the Department of Health and Children in relation to the prescription of medication, with particular reference to the impact on patients over 70 of the...

Seanad: Health Bill 2008: Committee and Remaining Stages (12 Dec 2008)

Frances Fitzgerald: I move amendment No. 3: In page 3, before section 2, to insert the following new section: "2.—"Living together as husband and wife" means that a couple shall be presumed to be living together as husband and wife in circumstances where they are cohabiting under one roof.". A lengthy debate was held in the Dáil on the wording of this section. Deputy Shatter identified a number of...

Seanad: Health Bill 2008: Committee and Remaining Stages (12 Dec 2008)

Frances Fitzgerald: Is the Minister of State implying that the Bill before us will have to be amended when the civil partnership legislation is introduced, given that it excludes same sex couples?

Seanad: Health Bill 2008: Committee and Remaining Stages (12 Dec 2008)

Frances Fitzgerald: I ask the Minister of State to explain why it is so different. The Bill as it is currently worded is unclear in that regard.

Seanad: Health Bill 2008: Committee and Remaining Stages (12 Dec 2008)

Frances Fitzgerald: I move amendment No. 5: In page 4, between lines 48 and 49, to insert the following: "(c) Upon separation or divorce each spouse can opt to be assessed either as an individual or as a spouse or, following a divorce, as if they remained spouses for the purposes of the determination of their gross income as prescribed by this Act to the effect that should either be eligible following an...

Seanad: Health Bill 2008: Committee and Remaining Stages (12 Dec 2008)

Frances Fitzgerald: They will lose the medical card when they are at their most vulnerable.

Seanad: Health Bill 2008: Committee and Remaining Stages (12 Dec 2008)

Frances Fitzgerald: This is a new amendment. I appreciate this legislation is being rushed through the House today and, as I stated, it is not the ideal way to produce legislation. We would have preferred more time and I would like to think that the Government would have had the time to consider this amendment because it deals with a specific issue. This amendment proposes that the Bill allow a divorced or...

Seanad: Health Bill 2008: Committee and Remaining Stages (12 Dec 2008)

Frances Fitzgerald: I think the Minister of State said that a judicially separated person who is not yet divorced is treated as being single. He or she is still married, however, although he or she is judicially separated. I do not think, therefore, what the Minister of State said is correct.

Seanad: Health Bill 2008: Committee and Remaining Stages (12 Dec 2008)

Frances Fitzgerald: The important thing is how it is understood by the law.

Seanad: Health Bill 2008: Committee and Remaining Stages (12 Dec 2008)

Frances Fitzgerald: I move amendment No. 6: In page 4, between lines 48 and 49, to insert the following: "(c) In any application for a medical card under this Act, the Health Service Executive, or any person acting on its behalf, shall not ask any unnecessarily intrusive or invasive questions of any person purporting to be a member of a couple living together as husband and wife for the purposes of this Act."....

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