Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

These are a set of technical amendments. These amendments all relate to the use of the term "relevant person" and the word "applicant" across a number of sections in the Bill. They are technical in nature and they are being made for clarity and for accuracy. Any person can make an application to the scheme if they believe themselves to be a relevant person, as per the definition provided in section of the Bill. However, it is only the foot of an examination of a person's application and the making of a determination on it that it is established if they are a relevant person, and, therefore, in some sections of the Bill as passed by Dáil Éireann, where the term "relevant person" was used, it is more accurate to use the word "applicant" or "person".

Similarly, in the case of section 37, which deals with applications on behalf of someone who has died, the reference to "deceased relevant person" has been replaced by "person", as again, it is only through the examination and making a determination on the application that it can be established if an applicant is a relevant person. In addition, in some instances where the word "applicant" is used, amendments are proposed to also insert "and persons to whom section 39(3)applies". This is so that particular sections take account of both the applicant and the person who is making the application on their behalf, where relevant. For example, section 48 prohibits the disclosure of information that may lead to the identification of the applicant.

Amendment No. 106 extends that provision to include an applicant or someone making an application on their behalf. In section 49, which deals with the review of the operation of the scheme, amendment No. 109 seeks to ensure that both the experience of the applicant and the person applying on behalf of another applicant are captured in the review.

Finally, it is proposed that section 46, which provides for an amendment to section 53C of the Health Act 1970 to include enhanced medical card holders under the mother and baby institutions payment scheme, should be deleted. Section 53C of the Health Act 1970 exempted people from public inpatient charges in public hospitals. The Health (Amendment) Act 2023 removed the public inpatient charge for people accessing care as a public patient in public hospitals with effect from 17 April 2023 and, therefore, this section of the Mother and Baby Institutions Payment Scheme Bill is no longer required.