Keith Swanick (Fianna Fail) | Oireachtas source

I thank Senator Davitt for seconding the Bill and I welcome everybody's comments. I acknowledge Senator Colm Burke's work in the health sector. This Bill is not confined to consultants although the Senator spoke extensively about them. It involves many health professionals. It is important to realise that this Bill will allow the Minister to revise and review periodically the categories of health professionals covered in the Act. That is included in the Bill. The dual consent is designed to navigate the complexity of Article 15.5.1o. The Constitution precludes the Oireachtas from declaring unlawful acts "which were not so at the date of their commission".

I also welcome Senator Devine's comments and acknowledge the balance she mentioned regarding the younger and older members of the health service. I fully condone her comments on equality in the health service and thank her for supporting the Bill. I value the sentiments expressed by Senator Buttimer. I know that he speaks from his experience as Chairman of the Oireachtas Joint Committee on Health. He acknowledged that we are losing practical knowledge and experience unnecessarily due to an arbitrary date in the calendar. I agree that it is a shame that Senators are not members of the Oireachtas Committee on the Future of Healthcare because we all want to achieve the same goal and improve the outcome for patients.I welcome the Minister of State's comments. The last thing we want this Bill to do is be discriminatory in nature. We are trying to get over that hurdle. This is why I included in the Bill a provision that the Minister can periodically revise the categories included in the Bill, for example, therapists mentioned by the Minister of State, in the same way as applies with the employment permit legislation. Regarding the Minister of State's concerns about employees covered by the Bill and agencies that might be included under section 39 of the Health Act, I look forward to working with the Minister and the Department to clarify this matter in the coming months.

In respect of dual consent and contractual issues, it is important to realise that this Bill allows both parties - the employee and the employer - to contract out the new arrangements. There is nothing that will impact on the legal rights of others. From speaking to colleagues, I honestly believe that many health professionals would take up this offer if it was on the table. I look forward to the Bill coming before the House in six months.