Ruairi Quinn (Dublin South East, Labour)
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Question 335: To ask the Tánaiste and Minister for Health and Children if she will provide a list of the Acts or sections or other provisions of Acts coming wholly or partly under the auspices of her Department, or for the commencement of which her Department is wholly or partly responsible, which are not yet in force and which require the future making of a commencement order; if, in each case, it is intended to make such an order; if so, when; the reason for the failure to make such an order to date; and if she will make a statement on the matter. [24895/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The following are the Acts or sections or provisions of Acts which have not yet been commenced.

1. The Mental Health Act 2001. The main vehicle for the implementation of the provisions of the Mental Health Act 2001 is the Mental Health Commission which was established in April 2002. To facilitate the establishment of the commission, sections 1 to 5, 7 and 31 to 55 of the Act were commenced at that time. The commission's primary function is to promote and foster high standards and good practices in the delivery of mental health services and to ensure that the interests of detained persons are protected.

The detailed work programme of the commission is a matter for it to determine, in accordance with its statutory functions under the Mental Health Act 2001. One of the priorities for the commission is to put in place the structures required for the operation of the mental health tribunals, as provided for in Part 2 of the Act. The commission is currently in discussion with my Department, the Health Service Executive and other relevant agencies to ensure that all elements of the organisational and support systems required are in place prior to the commencement of Part 2 of the Act. It is expected that Parts 4, 5 and 6 of the Act will be commenced simultaneously with Part 2 of the Act. A commencement order will be made when my Department is advised by the Mental Health Commission and the HSE that all necessary arrangements are in place.

2. The Children Act 2001. The Department of Justice, Equality and Law Reform has the lead role in the implementation of the Children Act 2001. There are three Parts in the Children Act 2001 which specifically relate to the health area. Part 2 establishes for the first time on a statutory basis the family welfare conference. Part 3 amends the Child Care Act 1991 by inserting two new parts, Part IVA, which imposes duties on the Health Service Executive with regard to a child who may be in need of special care or protection, and Part IVB, relating to private foster care. Part 11 provides for the establishment of the special residential services board on a statutory basis to coordinate residential services for children detained in detention schools and in special care units. Part 11 was fully commenced on 7 November 2003 and almost all of Parts 2 and 3 were commenced in September 2004. Regulations for family welfare conferences and special care units were also commenced in September 2004. The certification process of special care units which is due to start in the near future has been delayed because of the requirement to amend those regulations as a consequence of the Health Act 2004. These amended regulations are currently being finalised.

The sections of the Children Act 2001, which the Minister for Health and Children has a responsibility for commencing and which have not yet been commenced because of resource and service implications, are sections 23D, section 77 and sections 7(1)(a), 10(2) and 13(2), which relate to section 77.

My Department is working closely with the Health Service Executive, the Departments of Education and Science and Justice, Equality and Law Reform and the National Children's Office in the context of the co-ordinated phased implementation of the Children Act 2001. The commencement of section 77 and its associated sections and section 23D is being examined in this context and in the light of available resources. It may be necessary to amend some aspects of the Children Act once the Government has considered the report of the youth justice project team.

3. The Health (Miscellaneous Provisions)Acts 2001. Section 1(1)(b) of the Health (Miscellaneous Provisions) Act 2001 has not been commenced and it is not intended to commence it. This section would have allowed regulations to be made to amend section 59 of the Health Act 1970. These regulations would have referred to: (i) regulation involving community pharmacy contracts, in conjunction with the Pharmacy Act, and (ii) regulation dealing with the approval of drugs for reimbursement under the community drugs schemes. The reason for the non-commencement relates to legal advice from the Attorney General's office that regulation in these areas should be dealt with by primary legislation.

With regard to (i), in keeping with the principles outlined in the Government's White Paper on better regulation, in particular the principles of transparency and effectiveness, issues concerning pharmacy contracts will be addressed in the Pharmacy Bill.

It is not proposed to re-establish quantitative restrictions on the pharmacy sector, rather any regulation will deal with qualitative issues relating to delivery of service. This will allow for the assessment and maintenance of pharmacy service standards in an accountable and transparent manner.

Section 3 of the 2001 Health (Miscellaneous Provisions) Act which amends section 7 of the Health (Nursing Homes) Act 1990 and relates to regulations governing the nursing homes subvention scheme has not been commenced.

4. The Health Insurance (Amendment) Act 2001. Sections 6 and 7, and section 5 and paragraph (b) of section 13 in so far as they relate to section 6, of the Health Insurance (Amendment) Act 2001 have not been commenced. These provide for the application of "lifetime community rating" by insurers. Related regulations are in the course of being drafted. The sections will be commenced when the regulations have been finalised.

5. The Public Health (Tobacco) Act 2002 and Public Health (Tobacco)(Amendment) Act 2004. Sections 1, 8, 33 to 45 of the Public Health (Tobacco) Act 2002 and sections 1, 4 to 14 and the Schedule to the Public Health (Tobacco)(Amendment) Act 2004 have not yet been commenced. Sections of the Acts are the subject of a constitutional challenge in the High Court by the tobacco industry and others. A trial date has not yet been fixed. Commencement of the sections involved is kept under review in the context of the legal challenge in the courts.

The sections of the Public Health (Tobacco) Acts 2002 and 2004 which have been commenced have provided, inter alia, for the introduction of the smoke-free workplaces measure and the establishment of the Office of Tobacco Control as a statutory body.

6. The Health Act 2004. Section 42 of the Health Act 2004, which provides for the making of regulations providing for the establishment of regional health forums, Part 9 of the Act which provides for the establishment of a statutory complaints framework to apply to complaints about the actions of the HSE or a service provider providing a service under an arrangement with the HSE and section 79 of the Act which provides for the making of regulations regarding the dealings which the HSE has with Members of the Oireachtas have not yet been commenced. I intend to introduce the regulations required under sections 42 and 79 soon. With regard to Part 9, a consultation process with the various stakeholders has taken place. The views expressed during the process are being taken into account in the drafting of the regulations required to give effect to this Part. This Part will be commenced when these regulations are completed.

7. The Civil Registration Act 2004. All sections other than sections 27 and section 65 of the Civil Registration Act 2004 have yet to be commenced.

The Civil Registration Act 2004 is a major piece of reforming legislation and is an essential part of the modernisation of the civil registration system. The other parts are the computerisation of registration, the electronic capture of historic data and the reorganising of the delivery of the service at local level.

The Act will replace a variety of old legislation some of which dates back to 1844. It provides for the strengthening of management and administration of civil registration; simplification of registration procedures; reform of marriage law; and establishment of registers of decrees of divorce and nullity and a single register of adoptions. A great deal of work is therefore required to be done in advance of commencement. A good deal of preparatory work had been done with a view to commencing Parts 1, 2, 3, 5 and 8 of the Act when, in March of this year, legal advice indicated that it would be necessary to introduce amending legislation before any commencement could proceed. This amending legislation, Civil Registration (Amendment) Act 2005, was signed into law on 9 July 2005. The above parts deal with administrative arrangements, the registration of births, stillbirths, deaths and some general matters.

Work is now at a very advanced stage towards the commencement of the following: sections 1 to 30, excluding section 13(1)(c) and (e) and section 27 which is already commenced; and sections 36 to 44 and section 60 to 73, excluding section 65 which has already been commenced. It is intended to commence these sections during October 2005.

The balance of the Act, namely, section 13(1)(c) and (e), sections 31 to 35 and 45 to 58 will be commenced in late 2006. The lengthy preparatory period is required because the Act involves a major overhaul of marriage law including the establishment of a register of solemnisers and a register of approved venues for civil marriages.

8. The Disability Act 2005. The Minister for Health and Children, following consultation with the Minister for Education and Science, is responsible for the commencement of the provisions of Part 2 of the Disability Act 2005, section 1(3). This Act was passed by the Houses of the Oireachtas in July 2005. My Department is undertaking a consultation process as part of the preparation of the necessary statutory regulations required under Part 2. This process is currently under way.