Tim O'Malley (Limerick East, Progressive Democrats)

As part of the ongoing review of eligibility to health services, my officials have identified a possible difficulty with regard to the current section 67 of the Health Act 1970. Section 67 provides for eligibility for dental, ophthalmic and aural services. It appears that one reading of the section would appear to indicate that everyone in the country might be eligible to receive these services free of charge. It appears, however, that this was not the intention of the Oireachtas at the time this section of the Act was commenced in 1972. At that time a statutory instrument was adopted which limited the application of section 67 to medical card holders and provision of these services has been limited to medical card holders since that time. My Department sought the advice of the Attorney General on this matter. His advice was that section 67 of the Health Act 1970 should be amended to provide legal clarity with regard to the issue of eligibility to dental, ophthalmic and aural services. The proposed amendment will provide such legal clarity.