Jan O'Sullivan (Limerick East, Labour)
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Question 185: To ask the Minister for Health and Children the reason she has not availed of her power under section 45(3) of the Health Act 1970 to specify by regulations the classes of persons with full eligibility for medical services under that Act; the merits of the alternative, non-statutory approach for determining eligibility for services provided under statute; the reasoning behind the introduction and retention of the medical card scheme as a non-statutory alternative to the provisions of section 45; and if she will make a statement on the matter. [16383/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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Section 45 of the Health Act 1970 formed the statutory basis for the granting of full eligibility (i.e. medical cards) to certain categories of persons. The section has been amended on a number of occasions and, in broad terms, medical cards are now granted to persons who, in the opinion of the Health Service Executive (HSE), are unable without undue hardship to arrange general practitioner medical and surgical services for themselves and their dependants. In addition, persons aged 70 and over are entitled to a medical card, regardless of income.

Section 45(3) of the 1970 Act empowered but did not require the Minister, with the consent of the Minister for Finance, by regulations to specify a class or classes of persons who would have full eligibility. This provision has never been invoked by any of my predecessors and I have no plans to do so as I am satisfied that, in general, the system for assessment of persons in relation to medical card eligibility has worked well.

Nonetheless, in conjunction with the development of a new legislative framework to provide for clear statutory provisions on eligibility for health and personal social services, my Department is reviewing the assessment criteria in the context of financial, medical and social need in line with the commitment in Towards 2016. A Steering Group has been established which is expected to complete this work in autumn 2008.