Written answers
Thursday, 17 December 2015
Department of Health
Commencement of Legislation
Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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469. To ask the Minister for Health the details of the Acts currently in force for which he has lead responsibility and that have Parts or sections yet to be formally commenced, including the purpose of same, in tabular form; and if he will make a statement on the matter. [46286/15]
Leo Varadkar (Dublin West, Fine Gael)
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Information is set out in the following table on provisions not yet commenced in Acts under the aegis of my Department and enacted since March 2011.
Name of Act | Detail or purpose of sections not yet commenced | Status |
---|---|---|
Nurses and Midwives Act 2011 | Sections 4(2), 9(2)(g)(ii), 37(2)(a), 39,40,41,44,45, 59(1)(b) re professional competence, 59(2)(d), 65(1)(b), 84, 87 – 91, 102(2),(3),(5), 103. | This is a comprehensive piece of legislation which is being commenced on a gradual basis. |
Health (Alteration of Criteria for Eligibility) Act 2013 | Section 4 - Amendment of section 47 of Health Act 1970 (Appeals). | Pending the establishment of an effective date for this provision. |
Health (Amendment) Act 2013 | Section 4 - Amendment to Nursing Homes Support Scheme Act 2009 Sections 7(e)(ii) - Amendment to Nursing Homes Support Scheme Act 2009 and sections 8,9,10,11(b),12, 19 - Amendments to Health Act 1970 | Section 4 allows outsourcing of Scheme but no policy yet to outsource. Preparations for commencement of other sections are at an advanced stage. |
Public Health (Sunbeds) Act 2014 | Section 14 - Training requirements for sunbed businesses. | For development. |
Health Identifiers Act 2014 | Sections 7(2)to (6), 10 (1)(a),(2) and (3), 11 (1) to (5),(6)(b) to (f), (7), 12 to 20, 24, 35 to 39 - for use and access to the register of Individual Health Identifiers, establishing and operation the register of Health Service Provider Identifiers and related matters. | This is a comprehensive Act which is being commenced on a phased basis. |
Health (General Practitioner Service) Act 2014 | Sections 2, 3(a) and 9 - Amendments to Health Act 1970 and other issues. | Pending the establishment of an effective date for these provisions. |
Health (Miscellaneous Provisions) Act 2014 | Sections 6(a)(iii), 12(b), insofar as it relates to the insertion of subsection (1B) of section 26 of the Health and Social Care Professionals Act 2005; sections 21 and 23. Section 6(a)(iii), part of section 12(b) and section 21 relate to the proposed division of the profession of radiographer into the two professions of radiographer and radiation therapist. Section 23 provides for conditions to be attached to the registration of a person with a relevant medical disability. Sections 41-44 - Amendments to Health Act 1970 | The commencement of section 6(a)(iii), part of section 12(b) and section 21 is awaiting the registration of radiographers by the Radiographers Registration Board. The registration system is being updated to allow section 23 to be commenced. Preparations for commencement of these sections are at an advanced stage. |
Protection of Children's Health (Tobacco Smoke in Mechanically Propelled Vehicles) Act 2014 | Will be commenced on 1 January 2016. | Not applicable |
Public Health (Standardised Packaging of Tobacco) Act 2015 | Not yet commenced. | To be commenced in line with the Tobacco Products Directive in May 2016. |
Health (General Practitioner Service) Act 2015 | Sections 2 and 3(a) - Amendments of the Health Act 1970 | Pending clarification of issues. |
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