Seán Sherlock (Cork East, Labour)
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Question 97: To ask the Minister for Health and Children when legislation will be published to clarify eligibility for health and personal social services; the discussions she has had with representatives of health professionals and patient organisations on this proposed legislation; and if she will make a statement on the matter. [10426/10]

Mary Harney (Dublin Mid West, Independent)
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As the Deputy will be aware, the current legislation for health and personal social services has been in place for many years and there is a need now to have a clear set of statutory provisions that ensure equity and transparency and to bring the system up to date with developments in service delivery and technology that have occurred since the Health Act 1970. Accordingly, work is underway in the Department on a new legislative framework to provide for clear statutory provisions on eligibility and entitlement for health and personal social services. The legislation will define specific health and personal social services more clearly; set out who should be eligible for what services, as well as criteria for eligibility; establish when and in what circumstances charges may be made and provide for an appeals framework. As the Deputy will appreciate, this is a very complex undertaking as the current legislation has been in place since 1970, and there have been significant developments in services since then, with a growing emphasis on delivery of care in a community rather than institutional setting.

On completion of this undertaking, proposals will be brought to Government for approval. A decision will be taken at that point as to the nature of the consultative process to be undertaken.