Pat Rabbitte (Dublin South West, Labour)
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Question 104: To ask the Minister for Health and Children if she will outline the new EU programme through which people may have treatment in other member countries; the date on which it comes into force; and if she will make a statement on the matter. [25916/10]

Mary Harney (Dublin Mid West, Independent)
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On 2 July 2008, the Commission presented a proposal for a "Directive on patient's rights in cross-border healthcare". The draft Directive aims to facilitate access to safe and high-quality cross-border healthcare and promotes cooperation on healthcare between Member States, in full respect of national competencies in organising and delivering healthcare. The draft directive was brought forward by the Commission to codify and clarify the application of European Court of Justice case law on patients' rights in cross-border health care. This case law has established that, as part of EU freedoms to obtain services and freedom of movement, patients have the right to access health care in another member state and be reimbursed for this up to the cost of the treatment in their own state.

The directive provides no new entitlement or eligibility for citizens beyond the entitlement and eligibility to services that they enjoy in their home member state. The directive, does however, provide legal clarity for patients and member states in cases where rights to cross-border health care exist but the mechanisms to ensure these rights are respected are not clear. While it can be expected that citizens will, in the main, opt to receive health care close to where they live, there may be circumstances where it may be beneficial or preferable to receive health care abroad, for example in the case of patients who wish to access expertise available in another Member State, e.g. in the case of certain highly specialised treatments. This directive will provide for increased patient choice in the area of healthcare and facilitate patients who wish to access care in another Member State. The directive recognises that member states are responsible for the organisation and delivery of health services and medical care and, in particular, they are responsible for determining which rules apply to the reimbursement of patients and the provision of health care. In addition, the directive provides for cooperation in a range of areas such as e-health and networks of centres of reference.

The directive has been subject to negotiation under the French, Czech, Swedish and Spanish Presidencies and more recently at the Employment, Social Policy, Health and Consumer Affairs Council (EPSCO) which took place in Luxembourg on 7th/8th June when political agreement was reached. The next step involves the Council and the European Parliament engaging in negotiations with a view to reaching a "Second Reading" agreement. These negotiations are expected to commence in September. Only when agreement is reached between the Council and the European Parliament can the directive be transposed into law. Ireland will continue to proactively participate in the negotiation process in so far as this is provided for. At this stage it is not possible to predict the outcome of these negotiations nor when any directive that is agreed may come into force. I trust the above clarifies the matter for the Deputy.